Editore"s Note
Tilting at Windmills

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

May 31, 2009

GEORGE TILLER ASSASSINATED.... George Tiller, a Wichita physician, was assassinated this morning while attending church serves in Kansas.

Tiller, 67, was shot just after 10 a.m. at Reformation Lutheran Church at 7601 E. 13th, where he was a member of the congregation. Witnesses and a police source confirmed Tiller was the victim.

No information has been released about whether a suspect is in custody. Police said they are looking for white male who was driving a 1990s powder blue Ford Taurus with Kansas license plate 225 BAB. [...]

Tiller has long been a focal point of protest by abortion opponents because his clinic, Women's Health Care Services at 5701 E. Kellogg, is one of the few in the country where late-term abortions are performed.

Tiller has long been a target for right-wing criticism, and had been shot before. His medical clinic, a constant target, had been vandalized earlier this month.

As Amanda Marcotte recently noted, "[Tiller] is one of the two doctors in the country that specializes in the very small percentage of abortions performed late in pregnancy (but before viability) done for health reasons, usually because the pregnancy is a danger to a woman's health or life, or because the fetus is dead or dying.... He's been shot in both arms, stalked by the attorney general's office under Phill Kline ... and charged with the crime of performing a bunch of illegal abortions, for which he was acquitted."

I emphasize this because it's a point that may go overlooked in much of the media coverage -- Tiller performed therapeutic abortions for women who wanted children.

Tiller, in other words, worked past the constant threats of violence to provide a service to women that few would. Today, he was apparently murdered for his efforts.

Steve Benen 2:25 PM Permalink | Trackbacks | Comments (97)

Bookmark and Share

IFILL MAKES IT PLAIN.... Gwen Ifill made a good point this morning on ABC's "This Week" that we don't often see on major network news shows.

"I've spent the last year talking to a lot of people who got elected -- black elected officials -- for a book, and all of them talked about 'identity politics,'" Ifill explained. "They defined it as being part of what you are, but not all of what you are. And I think that's what the defenders of Sonia Sotomayor are trying to say. Which is that her point was, yes, what she is, and what we all are, shapes us. But it's not all that shapes you.

"I always try to take arguments like this and turn them on their heads. And I never hear people say that for a white male that it's identity politics if he is shaped by his white maleness, and by the things that affected his life, and whether privilege affected his life. That's never considered to be a negative.

"It's only considered to be a negative when ethnicity is involved, or race is involved, or gender is involved."

Good for Ifill. Somehow, this is a point that seems to go largely ignored, if not completely ignored, at major news outlets.

Steve Benen 12:10 PM Permalink | Trackbacks | Comments (38)

Bookmark and Share

COMMON GROUND.... It looks like the president was sincere when he committed to reaching out to those with whom he disagrees, searching for common ground. Focus on the Family issued this press release the other day. (via Kyle at Right Wing Watch)

The White House Office of Faith-Based and Neighborhood Partnerships hosted adoption leaders from across the country Wednesday to talk about how to better serve the needs of kids in foster care.

Kelly Rosati, adoptive mother of four and senior director of Focus on the Family's Sanctity of Human Life department, was among those in attendance.

"The Obama administration is really listening," she said, "and wanted to know from those on the front lines what could be better done to serve the kids in America's foster care system."

Unfortunately, the president supports placing some of those kids with homosexual couples.

Rosati said the White House expressed its appreciation for Focus' commitment to the issue.

"One of the things that emerged from the meeting," she said, "was that adoption recruiting events, such as Focus' Wait No More, are essential to our ability to find families for those waiting kids."

Focus on the Family anticipates ongoing dialogue with the White House on adoption.

Just so we're clear, there's only one group called "Focus on the Family." This isn't a statement issued by some other organization that happens to have the same name. It's a press release from the religious right group, created by James Dobson, which is apparently impressed by the Obama White House's efforts on adoption and foster care.

It's striking to think Focus representatives and Obama administration officials would get together to discuss policy, and have a fruitful discussion, but that's apparently what transpired. To put this in perspective, imagine George W. Bush aides agreeing to meet with representatives of the ACLU, Americans United for Separation of Church and State, and/or People for the American Way, to explore common ground on any issue.

If that sounds like a ridiculous scenario, then you can appreciate why this meeting is unusual.

Obama has repeatedly emphasized his desire to find common purpose with the right, looking for areas in which their agendas overlap. I guess he meant it.

Any chance the religious right, appreciative of productive outreach like this, will be less hateful and vicious towards the president? I doubt it, but it's nice of the White House to give it a try anyway.

Steve Benen 11:05 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

REJECTING TEMPORARY INSANITY AS AN EXCUSE.... Richard Clarke has been listening to Dick Cheney, Condoleezza Rice, and other leading Bush administration officials, offer excuses for their national security policies, pointing to the terrorism crisis. Today, Clarke has a Washington Post op-ed, explaining why he's sick of what he called the "White House 9/11 trauma defense."

Rice has said those of outside the administration "cannot possibly imagine the dilemmas" the president's team faced "unless you were there, in a position of responsibility after September 11." Clarke was there -- in his office at the White House compound, a gas mask on his desk -- and he doesn't think Rice knows what she's talking about.

[L]istening to Cheney and Rice, it seems that they want to be excused for the measures they authorized after the attacks on the grounds that 9/11 was traumatic.... I have little sympathy for this argument. Yes, we went for days with little sleep, and we all assumed that more attacks were coming. But the decisions that Bush officials made in the following months and years -- on Iraq, on detentions, on interrogations, on wiretapping -- were not appropriate. Careful analysis could have replaced the impulse to break all the rules, even more so because the Sept. 11 attacks, though horrifying, should not have surprised senior officials. Cheney's admission that 9/11 caused him to reassess the threats to the nation only underscores how, for months, top officials had ignored warnings from the CIA and the NSC staff that urgent action was needed to preempt a major al-Qaeda attack.

Thus, when Bush's inner circle first really came to grips with the threat of terrorism, they did so in a state of shock -- a bad state in which to develop a coherent response. Fearful of new attacks, they authorized the most extreme measures available, without assessing whether they were really a good idea. [...]

Dick Cheney and Condoleezza Rice may have been surprised by the attacks of Sept. 11, 2001 -- but it was because they had not listened. And their surprise led them to adopt extreme counterterrorism techniques -- but it was because they rejected, without analysis, the tactics the Clinton administration had used. The measures they uncritically adopted, which they simply assumed were the best available, were in fact unnecessary and counterproductive.

I'd just add, though, that I might find the "White House 9/11 trauma defense" more compelling if the Bushies were explicit about it. The debate, such as it is, about the Bush administration's "excesses" might be more productive if more leading officials simply came forward to say, "Look, there was a panic and we crossed lines we shouldn't have. Cooler heads should have prevailed, but didn't. For a short while, we lost our heads, but we eventually got back on track. It was a regrettable lapse of judgment, but our intentions were good, and we've all learned valuable lessons about what should and shouldn't be done during a crisis." The idea would be something akin to "temporary insanity."

But what we're actually hearing is something in between. As Clarke noted, folks like Cheney and Rice want to emphasize the "trauma defense" to rationalize wrongdoing. But in the next breath, these same top officials say every decision they made was sound, legal, justified. They want sympathy for decisions made in the midst of trauma, and they want credit for not crossing any lines despite the trauma.

To be sure, like Clarke, I'm not buying the "temporary insanity" argument anyway. But Bushies trying to have it both ways only makes the larger argument impossible to take seriously.

Steve Benen 10:25 AM Permalink | Trackbacks | Comments (33)

Bookmark and Share

THERE'S STILL NO CAR DEALER CONSPIRACY.... In case any additional proof was needed, the Obama administration really didn't target Chrysler dealerships owned by Republican campaign donors. As far-right conspiracy theories go, this was sillier than most, but given the excitement about the "story," it never hurts to have more evidence that sets the record straight.

In Macomb County, three dealerships were closed in the Chrysler bankruptcy process and seven were saved. The FEC records show no noticeable difference in the political leanings of the owners of the 10 businesses.

Anthony Viviano, president of the Metro Detroit Dodge dealers' association and owner of Sterling Heights Dodge, which will remain in operation, said politics was never a factor in the process.

"That's just a bunch of baloney," said Viviano, former president of the Detroit Area Dealers Association.

Of course it is. But it's often amazing to see how popular nonsense can be.

For the record, Viviano is not some Democratic activist, anxious to debunk Republican talking points -- 90% of his political donations have gone to Republican candidates.

As Eric Boehlert noted yesterday, "Trust us, this was a very big deal among right-wing true believers this week even though, as we tried to point out, all the bloggers' dogged research was able to confirm was that car dealers in general give lots of money to Republican politicians. Meaning there's nothing to indicate that the dealerships that survived were big Democratic donors. Clueless bloggers simply confirmed that dealers that got closed had given to the GOP in the past and then deduced the evil connection."

Keep in mind, as silly as this conspiracy theory was, not only did conservatives continue to push it after it had been debunked, but the right's interest led a Fox News "reporter" to ask the president's press secretary about the "story" at a White House press briefing this week. (Robert Gibbs explained that the administration had nothing to do with choosing which dealerships were shut down.)

That ridiculous accusations with no grounding in reality can reach the level of a White House press briefing only helps underscore the problems with the political discourse.

Steve Benen 9:30 AM Permalink | Trackbacks | Comments (21)

Bookmark and Share

LAYING DOWN A MARKER.... The argument over national security policy faded from the front page this week, but the New York Times' Frank Rich does a nice job reminding readers about a point that shouldn't go overlooked. The headline reads, "Who Is to Blame for the Next Attack?"

Cheney's "no middle ground" speech on torture ... struck the same cynical note as the [Republican National Committee's] ads, as if the G.O.P. was almost rooting for a terrorist attack on Obama's watch....The new president, he said, is unraveling "the very policies that kept our people safe since 9/11." In other words, when the next attack comes, it will be all Obama's fault. A new ad shouting "We told you so!" awaits only the updated video. [...]

The harrowing truth remains unchanged from what it was before Cheney emerged from his bunker to set Washington atwitter. The Bush administration did not make us safer either before or after 9/11. Obama is not making us less safe. If there's another terrorist attack, it will be because the mess the Bush administration ignored in Pakistan and Afghanistan spun beyond anyone's control well before Americans could throw the bums out.

In a very good New Yorker piece last week, Jeffrey Toobin touched on the same issue.

Even worse than Cheney's distortions was the political agenda behind them. The speech was, as politicians say, a marker -- a warning to the new Administration. "Just remember: it is a serious step to begin unravelling some of the very policies that have kept our people safe since 9/11," Cheney said. "Seven and a half years without a repeat is not a record to be rebuked and scorned, much less criminalized. It is a record to be continued until the danger has passed." Cheney's all but explicit message was that the blame for any new attack against American people or interests would be laid not on the terrorists, or on the worldwide climate of anti-Americanism created by the Bush-Cheney Administration, but on Barack Obama.

For many months after the 9/11 attacks, Democrats refrained from engaging in the blame game with the Bush Administration. Cheney's speech makes it clear that, should terrorists strike again, Republicans may not respond in kind.

This generally goes unsaid, but it's a key aspect of the recent Cheney crusade -- if something horrible happens, we're not supposed to blame the team that left this mess for Obama to clean up, we're supposed to blame Obama himself. If only the president kept torturing people like Cheney wanted, we'd all remain safe indefinitely.

This isn't especially new, but it seems to be increasingly common. Back in January, just 48 hours after the president's inauguration, Marc Thiessen, George W. Bush's former chief speechwriter, argued, "During the campaign, Obama pledged to dismantle many of [Bush's] policies. He follows through on those pledges at America's peril -- and his own. If Obama weakens any of the defenses Bush put in place and terrorists strike our country again, Americans will hold Obama responsible -- and the Democratic Party could find itself unelectable for a generation.... President Obama has inherited a set of tools that successfully protected the country for 2,688 days -- and he cannot dismantle those tools without risking catastrophic consequences."

Jason Zengerle noted at the time, "You almost get the sense guys like Thiessen are hoping for an attack so that they can blame Obama when it happens."

That attitude hasn't changed. Should tragedy strike, a few too many loyal Bushies will want to tear this country apart, and they already seem to be laying the groundwork.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (26)

Bookmark and Share

SOMETIMES, A DATE IS JUST A DATE.... Ordinarily, this is the kind of human-interest story that I wouldn't even read. Apparently, though, it's angered quite a few Republicans, so I guess we might as well take a look at.

The first couple, known for having weekend date nights, later made a visit Saturday night to New York City for what the White House is calling a personal visit. The New York Times reports that the Obamas are seeing the Broadway show, "Joe Turner's Come and Gone."

According to a White House spokesperson, Obama said he was taking his wife to the Big Apple "because I promised her during the campaign that I would take her to a Broadway show after it was all finished."

Good for them; I'm sure it's nice for the Obamas to get out once in a while. Their date led to some street closings in NYC, but folks in the city nevertheless seemed pleased to see the First Couple: "As the motorcade left the West Village and drove up Sixth Avenue to the theater, crowds of people, at times about eight deep, gathered on the sidewalks of the blockaded streets to wave as the Obamas passed. Some cheered.... The Obamas left the theater after the play and were greeted by more cheers from enthusiastic bystanders along New York streets as they headed back for the flight to Washington."

So, what's the problem? "The Republican National Committee slammed the outing in an 'RNC Research Piece': 'As President Obama prepares to wing into Manhattan's theater district on Air Force One to take in a Broadway show, GM is preparing to file bankruptcy and families across America continue to struggle to pay their bills."

First, the Obamas didn't take the usual Air Force One jet. It's a short flight, and the First Couple took a smaller plane (technically, any plane the president is on automatically becomes Air Force One, but the point is, the Obamas didn't take the Air Force One).

Second, by the RNC's reasoning, the Obamas would never be able to enjoy a nice evening out, since there's always something going on in the world. ("The president went to his daughter's soccer game in the midst of two wars? Outrageous!")

And third, isn't this whining unusually small-minded, even by RNC standards? The President took the First Lady on a date to NYC. They didn't even spend the night in the city. Is everything grounds for petty, partisan sniping?

Far-right blogs seem to think so. One prominent blogger complained, without a hint of humor, "[N]ote that the Obamas went to a 'black' show. When does he ever pay homage to his white side?" Another added, "Obama also promised a middle class tax cut and healthcare reform, but obviously those can wait."

Rumor has it, Obama occasionally eats and sleeps, too. The nerve. Doesn't the president realize he has things to do?

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (76)

Bookmark and Share
By: Hilzoy

Ugly

Matt Yglesias:

"As anyone who knows me can attest, I don't have what you'd call a strong "Hispanic" identity. (...) But for all that, I have to say that I am really truly deeply and personally pissed off my the tenor of a lot of the commentary on Sonia Sotomayor. The idea that any time a person with a Spanish last name is tapped for a job, his or her entire lifetime of accomplishments is going to be wiped out in a riptide of bitching and moaning about "identity politics" is not a fun concept for me to contemplated. Qualifications like time at Princeton, Yale Law, and on the Circuit Court that work well for guys with Italian names suddenly don't work if you have a Spanish name. Heaven forbid someone were to decide that there ought to be at least one Hispanic columnist at a major American newspaper.

Somehow, when George W. Bush affects a Texas accent, that's not identity politics. When John Edwards gets a VP nomination, that's not identity politics. But Sonia Sotomayor! Oh my heavens!"

Julian Sanchez:

"I'll cop to sharing some of Yglesias' irritation at the treatment of Sonia Sotomayor, and if Republicans are managing to get a rise out of my pallid ass, I can only imagine the kind of damage they're doing to their brand among, you know, real Latinos. (...)

Look, it's not racist to oppose a Latina judicial nominee, or to oppose affirmative action, or to point out genuine evidence of ethnic bias on the part of minorities. What we're seeing here, though, is people clinging to the belief that Sotomayor has to be some mediocrity who struck the ethnic jackpot, that whatever benefit she got from affirmative action must be vastly more significant than her own qualities, that she's got to be a harpy boiling with hatred for whitey, however overwhelming the evidence against all these propositions is. This is really profoundly ugly. Like Yglesias, I don't think I'm especially sensitive to stuff like this, or particularly easily moved to anger, but I'm angry. I don't think Republican pundits really appreciate the kind of damage they're probably doing, for no reason I can discern given the slim odds of actually blocking the nomination. Which, perhaps, goes to Sotomayor's point: They really have no idea how they sound to anyone else."

I don't think they do either.

Look: I'm angry, and I'm not Hispanic at all. For the record, I am not writing about Sonia Sotomayor because I think she's the greatest thing since sliced bread. I don't. I think she's a fine nominee and will be a very good Supreme Court justice, but she does not make my heart go ding-a-ling. I'm writing about her because when people tell lies about someone who does not deserve it, it makes me angry. And if there's any point to blogging at all, it's that it gives me the opportunity to do things like actually read the Ricci case and write about what I find, thereby making it just that little bit less likely that those lies will work.

This is what comes of letting crazy people run a party. It's what comes of making pissing off liberals into a goal in itself. And it's what comes of fine-tuning ways of dismissing all criticism and all contrary evidence, so that you end up living in an epistemic cocoon. Bad news? It's the liberal media. Someone claiming that Bush did something bad? Quick: look for evidence that that person is writing a book, and disregard the fact that while some people will say anything to sell books or promote themselves, other people will not. Someone criticizing any Republican policy anywhere? That person obviously hates America/white people/success/whatever. If nothing else works, try thinking about kerning.

Go down that road and you lose the capacity to actually consider the facts. All you have left are your own preconceptions, floating free of any actual connection to evidence or reality. And if your preconceptions lead you to think that any Latina must be "some mediocrity who struck the ethnic jackpot", then no amount of actual achievement -- graduating at the top of her class, editing the Yale Law Journal, sitting on the Second Circuit -- will dissuade you.

A fantasy world in which your own preconceptions are always confirmed is a pretty sorry substitute for the actual world around us, in all its unexpected richness. But it's even worse when your own preconceptions are so very, very ugly.

Hilzoy 1:26 AM Permalink | Trackbacks | Comments (39)

Bookmark and Share
 
May 30, 2009
By: Hilzoy

Shameful

From the Washington Post:

"The Obama administration, picking up the argument of its predecessor, is opposing the release of Chinese Muslim detainees at Guantanamo Bay into the United States.

In papers filed with the Supreme Court late Friday, the administration says a group of Uighurs (pronounced WEE'-gurz) are being lawfully held at the U.S. Navy base in Cuba even though they are not considered enemy combatants. (...)

The Uighurs' "continued presence at Guantanamo Bay is not unlawful detention, but rather the consequence of their lawful exclusion from the United States," Solicitor General Elena Kagan told the court.

The men are held apart from the other detainees, in the least restrictive conditions, Kagan said. "They are free to leave Guantanamo Bay to go to any country that is willing to accept them," she said."

The administration's brief is here (pdf). One note: I think it's not quite accurate to say that the administration is "opposing the release" of the Uighurs in this brief; it is arguing that it cannot be compelled to do so by court order. That said:

I have no idea whether or not the administration's argument is correct as a matter of law. Moreover, I don't care. Whatever the law says about whether it can be forced to admit the Uighurs, the administration has the right to admit them voluntarily. If it cannot find another country that is willing to take them, then it should.

We set up a system that gave people incentives to turn over people they claimed were foreign fighters, whether they were or not. We then dismantled all our normal procedures for separating combatants from non-combatants. It should not surprise anyone that we ended up detaining people who were innocent.

I have no problem with the government taking some reasonable period of time to try to identify another country that is willing to take detainees who cannot be returned to their own countries. But these detainees have been held for seven and a half years. That's not a reasonable amount of time to tie up loose ends; it's a tenth of a normal lifespan.

We screwed up. We should step up to the plate and do what's right. Seven and a half years is too long.

And one other thing: the administration says this about the Uighurs: "Petitioners would like the federal courts to order that they be brought to the United States, because they are unwilling to return to their home country." (p. 11) As Registan notes, this is false. The reason we cannot send them back to China is not that they are "unwilling" to go back; it's that we believe, with good reason, that they would be tortured or killed if they were repatriated. That means that it would be illegal for us to send them back.

It's also a bit disingenuous for the administration to argue that the Uighurs are free to leave. The Bush administration has previously argued that they cannot be set free in Guantanamo, for the perfectly good reason that Guantanamo is a military base, and we do not normally allow people free access to military bases.

Hilzoy 7:11 PM Permalink | Trackbacks | Comments (25)

Bookmark and Share
By: Hilzoy

Barbarians At The Gate, Barbarians In Your Heart

A couple of weeks ago, Rod Dreher wrote an article about what he calls our "astonishing, and astonishingly rapid, cultural collapse" in the face of "a barbaric mainstream culture that has grown hostile to our fundamental values":

"Conservatives have worked so hard over the past few decades to fight for civilized standards against a short checklist of modern barbarisms -- abortion, gay marriage, political correctness, and so forth. What we failed to consider was that we had become barbarians ourselves."

What Dreher means is that conservatives have "accepted rootlessness", worshipped capitalism uncritically, and so forth. I agree on those points, more or less (and with exceptions), but of course I think that many of the conservatives Dreher is talking about are becoming barbaric in other ways as well. I thought about this as I read this article in the NYT, about one manifestation of what Dreher calls barbarism: two women who were fixed up while one was out of town, and who fell in love over email:

"Ms. Diaz said she was at first "a little sheepish about telling people" of their love before first sight. But a little more than a year later, on May 8, the couple were legally married by Jeanne Laughlin, a Connecticut justice of the peace, in a conference room at the Stamford Government Center.

They exchanged yellow pipe-cleaner rings, saving their engraved gold bands for their public ceremony the next day, when Mr. Rogers -- who had introduced them -- led them through their vows in the three-story atrium of 632 on Hudson, an event space in a 19th-century New York town house.

"All my life I searched for you, but never thought I'd find you," Ms. Adamick said. "All my life I dreamed of you, but never dreamed you were real."

Mr. Rogers said, "You may both kiss the bride," and their 96 friends and family cheered as the couple smiled exuberantly.

"My cheeks physically hurt since I've known her," Ms. Diaz said, her radiance undiminished.

But she was troubled. "Part of my identity is being a cynical New Yorker and hard-bitten lawyer," she said. "By being so happy, am I going to lose my edge?""

Read the whole thing: it's so sweet that I began to wonder whether it might cause tooth decay. Then ask yourself: what sort of person would not only forswear gay marriage for him- or herself, but actively work to deny this kind of happiness to those who do not share his or her religious views? Why would anyone think that this story is a threat to Western civilization? If two women in their forties want to get married, what sort of person would think that allowing them to do so brings the barbarians one step closer to the walls?

Dreher wonders: "How do you argue persuasively for a politics based on traditional virtue in a therapeutic postmodern capitalist culture where individual autonomy -- especially in matters sexual and economic -- is widely considered the highest good?" I don't think this is all that hard. You just try to make the best case you can for honor and decency, and to work out the difference between valuing individual autonomy -- the kind that allows Dreher to choose a set of religious beliefs that he thinks are deeply out of fashion -- and thinking that anything goes.

It helps, though, to take seriously the possibility that one has become a barbarian oneself, and that, as Dreher notes, one way to do this is to define others as barbarians in order to remove oneself from scrutiny. This is a standing danger for anyone who cares about morality, and the only defense against it that I'm aware of is to question your own motives, and never to forget that the place where you can most effectively combat barbarism is in your own heart and your own life.

If I were Dreher, I would ask myself: of all the things in the world to be concerned about, why on earth would this couple's happiness be anywhere near the top of the list? Even if you were concerned above all with sexual morality, why not argue against people who don't treat sex or human relationships with the respect they deserve, rather than inveighing against two women who want to cleave to one another, forsaking all others, until death do them part?

Christ commanded his followers to love one another. There are plenty of things that Christians disapprove of in which love plays no part: anger, pride, envy, cruelty, vanity. The worst a Christian should say about these two women is that while, by loving one another and taking their love fully seriously, they get one very important thing very, very right, by falling in love with the wrong person, they have gotten another thing somewhat wrong. Of course, if these women are not Christian, or take a different view of the handful of passages in the Bible that concern homosexuality, they might not agree, which makes Dreher's desire to impose his religious views on them all the more peculiar. (He would surely not accept my right to impose secularism on him, supposing I had any desire to do so.)

But even in Christian terms, why not concentrate on any one of the innumerable things in which there is much less good to be found, if any, rather than trying to force his views on people who are genuinely in love, want only to be able to marry, and do not accept any of the religious views on which Rod bases his view that gay marriage is wrong?

Hilzoy 12:44 PM Permalink | Trackbacks | Comments (71)

Bookmark and Share

PETRAEUS CONTINUES TO REJECT GOP TALKING POINTS.... It didn't generate a lot of attention, but Gen. David Petraeus spoke to Radio Free Europe last weekend, and made some politically salient comments. Specifically, Petraeus endorsed President Obama's decisions on "enhanced interrogation techniques" and closing the detention facility at Guantanamo Bay, explaining that both steps will improve the nation's national security goals.

Yesterday, Petraeus sat down with Fox News' Martha MacCallum, who seemed anxious to bait the head of U.S. Central Command into endorsing the Republicans' national security arguments. He ended up doing largely the opposite. (Crooks & Liars has the video.)

On Guantanamo Bay:

"Gitmo has caused us problems; there's no question about it. I oversee a region in which the existence of Gitmo has indeed been used by the enemy against us. We have not been without missteps or mistakes in our activities since 9/11. And again, Gitmo is a lingering reminder for the use of some in that regard."

On the notion that we should fear Gitmo detainees entering the U.S. justice system:

"...I don't think we should be afraid to live our values. That is what we're fighting for and it's what we stand for. So, indeed, we need to embrace them and we need to operationalize them in how we carry out what it is we're doing on the battlefield and everywhere else. So one has to have some faith I think, in the legal system. One has to have a degree of confidence that individuals that have conducted such extremist activity would indeed be found guilty in courts of law."

On the notion that terrorists might be emboldened because the administration has forsworn Bush-era torture techniques:

"What I would ask is, does that not take away from our enemies a tool, which again they have beaten us around the head and shoulders in the court of public opinion? When we have taken steps that have violated the Geneva Convention, we rightly have been criticized. And so as we move forward, I think it is important to again live our values to live the agreements that we have made in the international justice arena and to practice those."

It's probably not the kind of interview the Cheneys and their allies wanted to see.

Publius raises a good point that shouldn't go overlooked: "I'm a little wary of relying too much on any argument that begins, 'Well, I'm right because General Petraeus says X.' ... And more generally, I don't like the idea of relying heavily on the public statements of active military officials in political policy debates. But I do think this passage shows Petraeus's political dexterity. He's someone who can go on Fox News and articulate Obama's political message, while simultaneously retaining the sympathies of all parties."

Quite right. I'd just add that Petraeus' comments are also politically problematic for President Obama's Republican detractors, who are counting on torture and Gitmo as killer issues for a GOP comeback. In some conservative circles, there's practically a religious reverence for Petraeus, and yet he now has no use for the right's single most important arguments of the day.

For folks like Bill Kristol, there is a temptation to say, "Well, I'm right because General Petraeus says X." Except, in this case, Petraeus has endorsed Obama's position on these issues (as has Bush's Defense Secretary, Bush's chairman of the Joint Chiefs, and Bush's Secretary of State).

That doesn't mean Obama and Petraeus are, by definition, correct. It does mean the right's argument is that much more difficult to make, given that a) they're wrong; b) they have no credulity on the issue; and c) their heroes are taking the administration's side.

Steve Benen 11:45 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

AWKWARD.... GOP leaders like Michael Steele and John Cornyn are none too pleased to have so many of the party's most prominent voices using offensive, insulting, and bigoted attacks against Sonia Sotomayor. But if you think they're in a difficult spot, imagine being a Republican strategist responsible for Hispanic outreach.

"Of course this disturbs me," said Lionel Sosa, one of the more influential Hispanic media advisers in the GOP. "I'm not surprised at Rush Limbaugh but I'm very surprised at Speaker Gingrich because he is one of the key people who knows the importance of the Latino vote to the Republican Party. He must realize how his rhetoric, if it does influence any Hispanics, how damaging it could be. This [confirmation] is something that is going to happen anyway. For a senator to have strong opposition to her, they are either not aware of the impact Latinos will have on the next election or they don't care."

Sosa certainly knows what makes the Hispanic voter tick. He has helped with or worked on seven Republican presidential campaigns since 1980, including John McCain's and both of George W. Bush's. He was joined in his lament by several other Hispanic strategists who spoke to the Huffington Post. Even those Republican Hispanics who have served in government said they were deeply worried about the Sotomayor pushback, though they cautioned that it was coming almost entirely from outside the party establishment.

That last point -- it's the party's activists, not the party's establishment that's smearing Sotomayor -- is a very tough sell. Clowns like Limbaugh, Gingrich, and Rove may not hold elected office or maintain official roles in the party, but they clearly have positions of power and authority in the Republican Party (Cornyn hasn't cancelled Gingrich's big fundraiser for the NRSC, for example).

Besides, as we talked about yesterday, most Americans are unlikely to make a distinction between Republican activists and Republican officials. When the activists smear the first Latina nominee for the Supreme Court, it's the latter that will feel the electoral repercussions. The takeaway is "Republicans attack Sotomayor, using bigoted tactics." It's not much of a defense to say, "Yeah, but Gingrich is only a GOP leader, not a GOP official."

What's more, there's the further complication that Republicans responsible for Hispanic outreach are not only insulted, and not only cut off at the knees, but they're now less likely to appear in the media to criticize Sotomayor. Why? Because they're probably not looking forward to hearing reporters say, "I'd like to get your reaction to the following ridiculous attacks your Republican brethren have directed at Hispanics this week...."

Steve Benen 11:10 AM Permalink | Trackbacks | Comments (38)

Bookmark and Share

GOVERNMENT ISN'T SCARY, BUT TAXES STILL ARE.... Near the top of the list of Republican talking points on health care reform is the prospect of government playing too large a role in the system. An interesting new poll from CNN suggests it's the wrong way to attack reform efforts.

A new national poll indicates that most Americans are receptive to having more government influence over their health care in return for lower costs and more coverage.

Sixty-three percent of people questioned in a CNN/Opinion Research Corp. survey released Friday said they would favor an increase in the federal government's influence over their own health-care plans in an attempt to lower costs and provide coverage to more Americans; 36 percent were opposed.

The poll also suggests that slightly more than six out of 10 think the government should guarantee health care for all Americans, with 38 percent opposed.

That's pretty encouraging. If more than six out of 10 Americans want government to have more of a role in the health care system -- nice job, insurance companies -- the right will need to change its focus if it hopes to derail efforts to fix the system and expand access.

The poll seems to offer conservatives a hint in this regard. Respondents were asked, "Would you prefer a health care reform plan that raises taxes in order to provide health insurance to all Americans, or a plan that does not provide health insurance to all Americans but keeps taxes at current levels?" The result: 47% would accept the tax cut as a tradeoff, 47% would not.

With that in mind, expect to hear a lot of "reform = tax increases" in the very near future.

I'm curious, though, how much the results would change if people were presented with a fuller picture of the potential tradeoff. In other words, would people concerned about taxes going up feel differently if they knew their premiums would also go down?

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (21)

Bookmark and Share

THIS WEEK IN GOD.... First up from the God Machine this week is a church-state story that we've been following, about the ongoing complaints about the new visitor center that opened in December on Capitol Hill.

Some religious right activists and far-right lawmakers, led in large part by South Carolina Sen. Jim DeMint (R), are outraged that the visitor center is largely secular. For example, near the center's entrance, there's an engraving: "We have built no temple but the Capitol. We consult no common oracle but the Constitution." The quote comes from Rufus Choate, who served in the House and Senate in the 1830s, and DeMint described the quote as "offensive."

This week, Roll Call reported that some GOP lawmakers are pushing a bill that would spend $150,000 in taxpayer money to etch a reference to "In God We Trust" as the national motto into stone, and placed prominently in the Capitol Visitor Center.

"There are number of references or appropriate religious references in the Capitol Visitor Center, but this is something I think is important," said Rep. Dan Lungren (Calif.), the bill's lead sponsor and the top Republican on the House Administration Committee. "We do have 'In God We Trust' over the rostrum in the House ... [and] it has a relationship to the Founding Fathers' documents."

Actually, Lungren's wrong; "In God We Trust" doesn't appear in any of the "Founding Fathers' documents." Literally, not one. In fact, the nation's founders chose "e pluribus unum" as a national motto -- a reference to the nation's unique diversity -- and Lungren, the Heritage Foundation, and other conservatives want references to it replaced.

Lungren's bill, submitted last Wednesday, currently has four co-sponsors in the House. Expect that number to grow.

Also from the God Machine this week:

* Liberty University, the evangelical college in Virginia started by televangelist Jerry Falwell, caused some controversy last week when it yanked official recognition for the on-campus student group for Democrats. This week, my friends at Americans United for Separation of Church and State asked the Internal Revenue Service to review the tax-exempt status of the school, arguing that Liberty, as a tax-exempt institution, cannot legally favor one political party over another.

* Bill Donohue of the Catholic League, oddly enough, will not oppose Sonia Sotomayor's Supreme Court nomination. "I like the fact that she is not brandishing her religion," Donohue told Steven Waldman. "I do not want Catholic judges to rule as Catholics but as judges. I am all for Catholic legislators having a Catholic-informed opinion, but a judge has a different charge. Unless something pops that we don't know about, I am not going to oppose her. Indeed, the experiences I had working with the Puerto Rican community lead me to quietly root for her."

* And finally, in Miami, the Rev. Alberto Cutie, a Cuban-American priest, is a celebrity, often referred to as "Father Oprah." He has hosted shows on Telemundo, is a syndicated Spanish-language columnist, and headed the archdiocese's Radio Paz and Radio Peace broadcasts, heard throughout the Americas and in Spain. Cutie ran into a little trouble recently when he was photographed showing quite a bit of affection for his girlfriend -- which is generally frowned upon among Roman Catholic priests. This week, Cutie left the Catholic Church, was received into the Episcopal Church, and announced his wedding engagement.

Steve Benen 10:10 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share

LOOKING OUTSIDE THE REPUBLICAN COALITION.... It's getting ugly out there. There's no shortage of angry conservative Republicans doing their best to smear Sonia Sotomayor (Gingrich, Limbaugh, Rove, Tancredo, Barnes, Liddy), and there's no shortage of angry conservative Republicans who want the first group to please shut up (Cornyn, Steele, Hatch, Sessions, Noonan).

The LAT had a pretty good piece this morning on the divisions between the two like-minded camps, which clearly aren't on the same page.

"Whether or not Barack Obama gets his nominee is not going to determine the future of our party," said Terry Holt, an advisor to George W. Bush's 2004 reelection campaign. "He's a popular president with the votes to confirm his nominee. That's not our best fight or our worst problem to deal with."

Whit Ayres, a GOP pollster, said: "Any kind of ad hominem attacks are not helpful to the party's reputation, certainly not in attracting independents, which is our challenge at the moment."

But some conservative activists are urging Senate Republicans to mount a vigorous opposition to Sotomayor's nomination in order to fire up the party's demoralized base. Waging an aggressive fight might also send a warning shot to Obama about court battles to come and highlight the differing legal philosophies of the two parties.

"It will help in uniting the Republican coalition," said Curt Levey, head of the conservative Committee for Justice.

At first blush, that's not crazy. Chances are, both Republican factions know full well that Sotomayor will be confirmed, and there's not much they can do about it, other than craft a game plan to get the most benefit out of defeat. They're going to lose, but they want to lose in a way that helps the GOP and conservatives going forward. Fine.

But the idea that unhinged attacks will "help in uniting the Republican coalition" doesn't make sense. For one thing, it's clearly not "uniting" anyone -- the right spent nearly as much time yesterday dealing with each other's smears as they did addressing the nominee. For another, the Republican coalition is shrinking, and by launching racially-charged, misogynistic attacks against a clearly qualified Supreme Court nominee, the Gingrich-led faction is only driving away everyone else, while insulting the nation's fastest growing demographic.

I'd just add that the right had time to come up with a sound strategy here. They knew the nomination was coming, and they know that Sotomayor was a likely frontrunner. Did it not occur to them to figure out a sensible plan in advance? Or is the offensive fiasco we've seen this week their idea of a sensible plan?

Steve Benen 9:25 AM Permalink | Trackbacks | Comments (31)

Bookmark and Share

TAGUBA TACKLES TELEGRAPH.... The Daily Telegraph, a British paper with a dubious reputation, published a report this week quoting Major General Antonio Taguba describing torture photos the Obama White House hopes to keep under wraps. According to the Telegraph's report, Taguba said, "These pictures show torture, abuse, rape and every indecency."

It was obviously a shocking quote, raising new questions about the photos the administration doesn't want released. The problem, however, is that Taguba told Salon's Mark Benjamin last night that the Telegraph's report is wrong.

...Taguba says he wasn't talking about the 44 photographs that are the subject of an ongoing ACLU lawsuit that Obama is fighting.

"The photographs in that lawsuit, I have not seen," Taguba told Salon Friday night. The actual quote in the Telegraph was accurate, Taguba said -- but he was referring to the hundreds of images he reviewed as an investigator of the abuse at Abu Ghraib prison in Iraq -- not the photos of abuse that Obama is seeking to suppress.

What's more, as Alex Koppelman reported last night, many of the photos that have been reported as being part of the unreleased set have, in fact, already been published by Salon.

So, there's the set of photos the ACLU is seeking, and which the administration is trying to keep shielded from public view, but those aren't the photos Taguba was referring to, and despite the recent discussion, they're not the pictures Salon published three years ago. As digby explained, "[T]hat seems to clear up the question of whether or not the pictures are worse than what we've seen before --- and whether or not the administration is covering up some crimes which have gone uninvestigated. The pictures are not the lurid images the Telegraph said they were."

I'd just add that White House Press Secretary Robert Gibbs took some heat this week when he questioned the quality of The Daily Telegraph, which touched off an angry response from the paper. It now appears Gibbs was right.

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share

TANCREDO'S SKEPTICISM.... In one of his latest hysterical tirades, Rush Limbaugh argued that the only way to get "promoted in the Barack Obama administration" is by "hating white people or even saying you do or that they're not good -- put them down, whatever."

Appearing on MSNBC yesterday, former Rep. Tom Tancredo (R-Colo.) was asked whether he agreed with the right-wing shock-jock. "Oh," Tancredo said, "I don't know."

When pressed by David Shuster on his uncertainty, Tancredo replied, "What do I -- I have no idea if they hate white people or not. But I will tell you this: I am sick of having people suggest that because I am Caucasian, I cannot -- and that's the suggestion here -- is that if you are white, Caucasian, male, you cannot comment on this sort of thing."

Tancredo, in other words, is feeling sorry for himself. He wants to say outrageous and offensive things to as large an audience as possible, without feeling put upon.

As for Tancredo's insane argument that the National Council of La Raza is a "Latino KKK," the former congressman was asked if he'd apologize for the remark. Tancredo literally laughed at the idea.

For all of the Democrats' various problems, they are blessed to have ridiculous rivals.

Steve Benen 8:10 AM Permalink | Trackbacks | Comments (17)

Bookmark and Share

LAUGHING AT CHENEY'S EXPENSE.... I don't usually post these, but I liked my appearance on last night's "Rachel Maddow Show," in large part because Rachel laughed when I made fun of Dick Cheney. (The segment follows up on this post from yesterday.)

Two quick, pre-emptive responses. First, the fake-book backdrop really isn't my fault; it's there for all of my appearances; and I seem to be stuck with it. I try not to think about it.

Second, if it seems my hair looks funny, it's because I'd just gotten a haircut a few hours before the appearance.

Steve Benen 7:50 AM Permalink | Trackbacks | Comments (33)

Bookmark and Share
By: Hilzoy

Sotomayor: Actual Facts!

As more or less everyone has already noted, a lot of people have been claiming that Sonia Sotomayor is a racist, would decide cases based on racial solidarity rather than on the law, and so forth. One natural way to check this would be to examine her actual record. She has, after all, been a judge for quite a while, so it should not be all that hard to see how she actually makes decisions.

Over at SCOTUSBlog, Tom Goldstein decided to do just that. He has been reading through all of Sotomayor's opinions in cases involving race. He promises to write more about them tomorrow, but here is what his analysis shows:

"Other than Ricci, Judge Sotomayor has decided 96 race-related cases while on the court of appeals.

Of the 96 cases, Judge Sotomayor and the panel rejected the claim of discrimination roughly 78 times and agreed with the claim of discrimination 10 times; the remaining 8 involved other kinds of claims or dispositions. Of the 10 cases favoring claims of discrimination, 9 were unanimous. (Many, by the way, were procedural victories rather than judgments that discrimination had occurred.) Of those 9, in 7, the unanimous panel included at least one Republican-appointed judge. In the one divided panel opinion, the dissent's point dealt only with the technical question of whether the criminal defendant in that case had forfeited his challenge to the jury selection in his case. So Judge Sotomayor rejected discrimination-related claims by a margin of roughly 8 to 1.

Of the roughly 75 panel opinions rejecting claims of discrimination, Judge Sotomayor dissented 2 times. In Neilson v. Colgate-Palmolive Co., 199 F.3d 642 (1999), she dissented from the affirmance of the district court's order appointing a guardian for the plaintiff, an issue unrelated to race. In Gant v. Wallingford Bd. of Educ., 195 F.3d 134 (1999), she would have allowed a black kindergartner to proceed with the claim that he was discriminated against in a school transfer. A third dissent did not relate to race discrimination: In Pappas v. Giuliani, 290 F.3d 143 (2002), she dissented from the majority's holding that the NYPD could fire a white employee for distributing racist materials.

As noted in the post below, Judge Sotomayor was twice on panels reversing district court decisions agreeing with race-related claims - i.e., reversing a finding of impermissible race-based decisions. Both were criminal cases involving jury selection. (...)

In sum, in an eleven-year career on the Second Circuit, Judge Sotomayor has participated in roughly 100 panel decisions involving questions of race and has disagreed with her colleagues in those cases (a fair measure of whether she is an outlier) a total of 4 times. Only one case (Gant) in that entire eleven years actually involved the question whether race discrimination may have occurred. (In another case (Pappas) she dissented to favor a white bigot.) She particulated in two other panels rejecting district court rulings agreeing with race-based jury-selection claims. Given that record, it seems absurd to say that Judge Sotomayor allows race to infect her decisionmaking."

I honestly don't know why so many people focus so much attention on their somewhat overwrought interpretations of one line in a speech and so little attention on ascertaining what kind of judge Sonia Sotomayor has been. Her decisions are not classified documents. They are public, and anyone can read them. Moreover, they plainly provide the best evidence of the kind of judge she will be.

I cannot imagine why more journalists have not done the kind of analysis that Tom Goldstein has -- the ratio of reporting on what someone thinks s/he can discern in one line of Sotomayor's speech to reporting on actual cases is just about the reverse of what it ought to be. That makes me all the more grateful to SCOTUSBlog for giving us the kind of analysis we need, but get far too rarely.

One other interesting point: Sotomayor's panel has been criticized for not explaining their reasoning in the Ricci case. Whether this is plausibly construed as an attempt to duck the issues depends in part on how common it is for a panel on the Second Circuit to affirm a district court opinion without explaining why. Goldstein therefore checked this point as he was going through the race-related cases:

"In the roughly 55 cases in which the panel affirmed district court decisions rejecting a claim of employment discrimination or retaliation, the panel published its opinion or order only 5 times."

Good to know.

Hilzoy 1:05 AM Permalink | Trackbacks | Comments (21)

Bookmark and Share
 
May 29, 2009
By: Hilzoy

They Can't Help Themselves

Even by Republican standards, the Sotomayor meltdown is pretty impressive. Tom Tancredo calls La Raza, which is a pretty ordinary advocacy group, "a Latino KKK without the hoods or the nooses." Newt Gingrich writes that we cannot accept Sotomayor's rather anodyne remarks about experience being helpful in judging "if Civil War, suffrage, and Civil Rights are to mean anything", which would surely be news to all the African-Americans who are not presently enslaved.

Rush Limbaugh compares Sotomayor to David Duke. Michael Goldfarb and John Derbyshire's readers are going on about the vast privileges enjoyed by Puerto Ricans who grow up poor in the projects. The Weekly Standard's Fred Barnes thinks her summa doesn't mean much, since "there's some schools and maybe Princeton's not one of them, where if you don't get Summa Cum Laude then or some kind of Cum Laude, you then, you're a D+ student." (For the record, when I was there, Princeton gave summas to around 5% of its students.)

But really, nothing quite compares to G. Gordon Liddy saying not just that she is a member of La Raza, "which means in illegal alien, "the race"", but this:

"Let's hope that the key conferences aren't when she's menstruating or something, or just before she's going to menstruate. That would really be bad. Lord knows what we would get then."

Think of the possibilities. She could get into one of her quaint native costumes, go berserk, and start writing on the walls in menstrual blood with a tampon, like so:
Liddy's Nightmare

(Yes, of course I know that Quetzalcoatl is an Aztec God, and Aztlan is the mythical home of the Aztecs, and Aztecs are Mexican, and Sonia Sotomayor is Puerto Rican. But I'm channeling G. Gordon Liddy's nightmares here, and do you think he knows the difference?)

Seriously: Obama is a serious student of the civil rights movement, which in turn drew a lot of inspiration from Gandhi. Both Gandhi and the Civil Rights movement made brilliant use of the following method: you do something right, which you suspect might lead your opponents to do something wrong. If you are right about them, they discredit themselves, without your having to lift a finger. If you're wrong, you are pleasantly surprised. But you do not have to do anything wrong or underhanded yourself, nor do you in any way have to hope that your opponents are bad people.

That's what he's doing now. He has chosen a judge who is by any standard exceptionally qualified, and who has, in addition, a fairly conservative judicial temperament. She sticks close to the law; she follows precedent; having read several of her opinions, if I have any criticism of her, it's that not seen much evidence of an overarching judicial philosophy other than restraint. (To be clear: if a judge has to lack something, I'd rather it be an overarching philosophy than devotion to the law as written. But I'd rather have both.)

But she is also a Puerto Rican woman. If the Republican Party were led by sane and decent people, this would not matter. But they aren't. As a result, they seem to be unable to see anything about her besides her ethnicity and her gender. The idea that she must be a practitioner of identity politics, a person whose every success is due to preferential treatment, etc., is apparently one they absolutely cannot resist.

All Obama had to do was nominate an excellent justice, and all that is made plain.

And I hate it. I want to have a reasonable opposition party. I also don't want people of color, and especially kids, to have to listen to all this bigotry. We should be better than this.

Hilzoy 8:27 PM Permalink | Trackbacks | Comments (46)

Bookmark and Share

FRIDAY'S MINI-REPORT.... Today's edition of quick hits:

* UAW members approved General Motors concessions this afternoon.

* North Korea, not only test fired yet another short-range missile today, it "warned it would act in "self-defense" if provoked by the U.N. Security Council."

* The bad news is, the nation's GDP fell at a 5.7% annual rate in the first quarter. The good news is, previous estimates put the number at 6.1%.

* Federal investigators issued subpoenas to Rep. Pete Visclosky (D-Ind.) today, as part of the larger investigation into the PMA Group. Visclosky's former chief of staff had lobbied for the firm.

* It's good to see the White House take cyber-security seriously (without sacrificing net neutrality).

* By one new estimate, climate-change disasters "kill around 300,000 people a year and cause about $125 billion in economic losses."

* Robert Gibbs walked back Sotomayor's "wise Latina" quote today, telling reporters, "I've not talked specifically with her about this, but I think that -- I think she'd say that her word choice in 2001 was poor, that she was simply making the point that personal experiences are relevant to the process of judging."

* At this point, President Obama's approval ratings seem to be holding up quite well.

* Howard Dean is on board with Chuck Schumer's public-option compromise.

* Is Obama "getting tough" with Israel?

* Krugman explains why the hype surrounding inflation is almost certainly misguided (and probably politically motivated).

* National Security Advisor Gen. Jim Jones isn't impressed by Dick Cheney's recent arguments.

* The Times-Observer in Warren, Pa., ran a classified ad yesterday that seemed to call for the president's assassination. The publisher said it was "unfortunate" the ad made it into the paper, and the editors will be cooperating with law enforcement officials.

* A crackdown on the tossing of cigarette butts would be most welcome.

* President Obama is doing wonders for D.C. eating establishments.

* You know Gingrich is pushing the envelope when Rove thinks he's gone a little too far.

* And finally, the strangest headline of the day: "Romney won't rule out Sotomayor filibuster." I'm pretty sure he won't get a vote.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (43)

Bookmark and Share

CLARENCE THOMAS IS A MEMBER OF THE CLUB, TOO.... Samuel Alito believes empathy is an important quality in a Supreme Court justice. So does George H.W. Bush. Sandra Day O'Connor had the audacity to concede that jurists can and should consider gender and race when weighing the merits of a case.

As it turns out, even Clarence Thomas, hardly a high court liberal, sees the value of empathy. From his 1991 confirmation hearing:

"...I believe, Senator, that I can make a contribution, that I can bring something different to the Court, that I can walk in the shoes of the people who are affected by what the Court does. You know, on my current court I have occasion to look out the window that faces C Street, and there are converted buses that bring in the criminal defendants to our criminal justice system, bus load after bus load. And you look out and you say to yourself, and I say to myself almost every day, 'But for the grace of God there go I.'"

I suspect many on the right have come to believe, "Empathy is fine, so long as it's coming from the right," but that's hardly a persuasive talking point.

Remember, as far as the loudest conservatives are concerned, the notion that a judge would look outside the confines of the law and consider what it's like to "walk in the shoes of the people who are affected by what the court does," is not only wrong, it's literally dangerous.

As the popular metaphor argues, judges are like umpires, responsible for calling balls and strikes, not what it's like to be the batter or pitcher "affected" by what the umpire calls.

I'm not sure which genius thought it was a good idea to launch a war on empathy, but it was clearly a dumb mistake.

Steve Benen 4:40 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

PLAYING GROWN-UP.... The Wall Street Journal's Peggy Noonan today referred to some of Sonia Sotomayor's far-right critics as "idiots." She went on to offer her party some reasonable advice.

"Let's play grown-up." When I was a child, that's what we said when we ran out of things to do like playing potsie or throwing rocks in the vacant lot. You'd go in and take your father's hat and your mother's purse and walk around saying, "Would you like tea?" In retrospect we weren't imitating our parents but parents on TV, who wore pearls and suits. But the point is we amused ourselves trying to be little adults.

And that's what the GOP should do right now: play grown-up.

I'm trying to decide which part of this is more interesting: Noonan's assumption that Republican Party would have to pretend to be grown-up, or that Noonan thinks there's still time for the GOP to, as John Cole put it, "dial back the crazy" on the Sotomayor nomination.

Steve Benen 4:10 PM Permalink | Trackbacks | Comments (13)

Bookmark and Share

LEAVE IT TO LIDDY.... And here I thought Tom Tancredo, Newt Gingrich, and Rush Limbaugh would be the most offensive conservative critics of Sonia Sotomayor. How could I forget this clown?

Yesterday on his radio show, conservative host G. Gordon Liddy continued the right wing's all-out assault on Judge Sonia Sotomayor. [...]

"I understand that they found out today that Miss Sotomayor is a member of La Raza, which means in illegal alien, 'the race.' And that should not surprise anyone because she's already on record with a number of racist comments." [...]

"Let's hope that the key conferences aren't when she's menstruating or something, or just before she's going to menstruate. That would really be bad. Lord knows what we would get then."

So, according to this prominent conservative media personality, the Spanish language is synonymous with "illegal alien," and women are, by nature, poorly suited to serving as justices.

I'm not sure what I expected, exactly, from the right during this confirmation process. It was easy to imagine them attacking Sotomayor, but I more or less assumed they'd be subtle. The racist and misogynistic attitudes would be there, I assumed, but they would be vague, indirect, and phrased in a way to make deniability plausible.

But here we are, just a few days after Sotomayor's introduction, and some corners of the right just can't seem to help themselves. They know it's hateful, they know it's offensive, they even know it's likely to do long-term damage to their party.

And yet, they do it anyway. It's like a sickness.

Steve Benen 3:35 PM Permalink | Trackbacks | Comments (54)

Bookmark and Share

TESTING THE LIMITS OF CORNYN'S DISAPPOINTMENT.... Newt Gingrich doubles down.

Newt Gingrich grabbed cable news chatter all week after Twittering that Supreme Court nominee Sonia Sotomayor was a "Latina woman racist." The ensuing controversy has not moderated his opposition.

Today, Renewing American Leadership, a 501(c)3 nonprofit that he heads, sent out an email to supporters calling on them to both "send blast faxes" to U.S. Senators demanding opposition to Sotomayor and contribute money to help the fight.

Gingrich's email repeats a series of debunked lies, before arguing that Sotomayor is "a bigot" who should be "FORCED to WITHDRAW." His letter goes on to say that Sotomayor is "a judge who will interpret the law based on her ethnic background, rather than based on the LAW.... [T]his judge is making it CLEAR that she thinks she SHOULD be biased and partial, based on her ethnicity and gender!" (All-caps in the original.)

Chances are, Gingrich is throwing a ridiculous tantrum because he thinks it will help fundraising. The more hysterical he gets, the more checks come in.

But I'm curious about what Newt's buddies might think about this. Late yesterday, Sen. John Cornyn of Texas, the chairman of the National Republican Senatorial Committee, denounced Gingrich's attacks as "terrible" and "wrong" -- and that was before today's hysterics. Cornyn told NPR, "This is not the kind of tone any of us want to set when it comes to performing our constitutional responsibilities of advise and consent.... I certainly don't endorse it."

As it turns out, Cornyn will have a chance to show how much he means that.

Lost in the hoopla over NRSC Chairman John Cornyn's (R-Texas) criticism of Newt Gingrich and Rush Limbaugh is that fact that one of these men is set to help him raise lots of money. [...]

[O]n June 8, Gingrich is the headliner for one of the biggest GOP fundraisers of the election cycle, where the NRSC and the National Republican Congressional Committee (NRCC) will raise millions.

So, Sen. Cornyn, is Gingrich still invited? Should Republican candidates seek fundraising support from someone who engages in these ugly, race-based smears?

Steve Benen 2:50 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share

JEALOUSY IS SO UNATTRACTIVE.... Stuart Taylor, one of Sonia Sotomayor's more enthusiastic detractors, offers this anecdote from the judge's time at Princeton.

In October 1974, Princeton allowed Sotomayor and two other students to initiate a seminar, for full credit and with the university's blessings, on the Puerto Rican experience and its relation to contemporary America.

Now, I look at that as pretty impressive. Willow Rosenberg notwithstanding, students are rarely offered opportunities to teach before they graduate. That Princeton extended Sotomayor a chance to lead a for-credit seminar, in addition to her summa cum laude degree and the prestigious Pyne Prize, suggests she must have been quite remarkable young woman.

The Weekly Standard's Michael Goldfarb doesn't see it that way. His headline reads, "More Preferential Treatment?"

I went to Princeton but somehow I never got to teach my own class, or grade my own work. One wonders how Sotomayor judged her work in that class, and whether the grade helped or hindered her efforts to graduate with honors.

Hmm. When a prestigious university offers a Latina student an opportunity to teach, and fails to offer a white male student the same opportunity, it could be the result of "preferential treatment" relating to the Latina student's ethnicity. Then again, it could have something to do with -- and I'm just throwing this out there as a possibility -- the fact that the Latina student was simply smarter and more impressive than the white guy. Really, it happens.

Where Goldfarb sees evidence of "preferential treatment," I see evidence of excellence. Chalk it up to competing worldviews, I guess.

Post Script: Also, note Goldfarb's suggestion that Sotomayor's seminar may have "helped" her graduate summa cum laude. The argument seems to be that she may have graduated with honors, but that was made possible by her "preferential treatment," such as the chance to "grade [her] own work."

In other words, we're to believe Sotomayor's summa cum laude honor is less than what it appears to be. How sad.

Update: Making matters worse, it looks like Goldfarb's criticism isn't even based on fact -- Sotomayor didn't teach her own class.

Steve Benen 1:05 PM Permalink | Trackbacks | Comments (72)

Bookmark and Share

'SLAMMIN' AND RAMMIN'.... The tension between party officials and party activists has become increasingly apparent this morning. Republicans focused on Sonia Sotomayor's nomination just don't seem to be on the same page.

I initially thought it would be an outsourcing situation, in which the GOP would rely on activists to say what officials couldn't. But as of this morning, party officials seem to think the activists are just embarrassing the whole gang.

RNC chair Michael Steele, guest-hosting on Bill Bennett's radio show early this morning, repeatedly distanced himself from Republicans and conservatives who have been harshly attacking Sonia Sotomayor, saying the assault risked damaging the party. [...]

In what seemed like an effort to distance the party from claims that Sotomayor is "racist" and an "Affirmative Action" pick, Steele repeatedly said that Republicans should be hailing the historic nature of Obama's pick.

"I'm excited that a Hispanic woman is in this position," Steele said. He added that instead of "slammin' and rammin'" on Sotomayor, Republicans should "acknowledge" the "historic aspect" of the pick and make a "cogent, articulate argument" against her for purely substantive reasons.

Steele warned that because of the attacks, "we get painted as a party that's against the first Hispanic woman" picked for the Supreme Court.

This came shortly after Sen. John Cornyn of Texas, the chairman of the National Republican Senatorial Committee, denounced attacks from Rush Limbaugh and Newt Gingrich as "terrible" and "wrong."

These are the responses of party leaders who see a debate going in a very unhelpful direction. Steele's awkward rhetoric notwithstanding, the fact that he felt compelled to issue this warning to his own party suggests the RNC chairman is getting awfully nervous.

As well as he should be, given the rhetoric coming from Gingrich, Limbaugh, Rove, Barnes, Tancredo, et al.

There's probably a realization -- if there's not, there should be -- that most Americans are unlikely to make a distinction between Republican activists and Republican elected officials. When the activists smear the first Latina nominee for the Supreme Court, it's the latter that will feel the electoral repercussions. The takeaway is "Republicans attack Sotomayor, using racist tactics." That's obviously a repugnant development for people of decency, but in a political context, it's a disaster for the party.

No wonder Steele and Cornyn are scrambling.

Post Script: Yes, it's possible that Steele and Cornyn are cheering on the unhinged activists behind the scenes, knowing that Newt and Rush can get away with screeds that those in positions of responsibility cannot. But I doubt it. GOP officials, I suspect, know this is hurting their party. There's no upside to the attacks.

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (33)

Bookmark and Share

FRIDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* With just five months until the election, the latest Research 2000 poll in New Jersey for Daily Kos shows Gov. Jon Corzine (D) continuing to trail in his re-election fight. In a match-up against former U.S. Attorney Chris Christie (R), the likely Republican challenger, Corzine is down by seven, 46% to 39%.

* And speaking of New Jersey's gubernatorial race, Mitt Romney threw his support to Christie yesterday, prompting former Bogota Mayor Steve Lonegan, Christie's GOP rival, to attack them both. "Mitt Romney was rejected by Republican Primary voters because he was a moderate trying to pass himself off as a conservative just in time to win an election," Lonegan said. "Chris Christie has done the exact same thing in this race." The primary is Tuesday.

* Sen. Chris Dodd (D), who enters his re-election bid in Connecticut as an underdog, launched his first television ad of the cycle today, which highlights his recent successes on credit card reform. The ad works hard to connect Dodd to President Obama.

* Will Minnesota Gov. Tim Pawlenty (R) seek re-election next year? He has pushed off a decision on the race, announcing yesterday he won't say either way until the summer. If Pawlenty runs and loses, his presidential aspirations will almost certainly be ruined.

* In Kentucky, Lt. Gov. Daniel Mongiardo (D) released an internal poll yesterday showing him ahead of state Attorney General Jack Conway (D) in their Senate primary. The winner will likely be favored against incumbent Sen. Jim Bunning (R), if he stays in the race.

* And Ralph Nader is weighing in on the Democratic gubernatorial primary in Virginia, yesterday accusing Terry McAuliffe of trying to bribe him in 2004 -- with "an unspecified amount of money" -- to stay out of battleground states, in order to help John Kerry against George W. Bush. McAuliffe isn't exactly denying the charge, though his spokesperson added, "It looks like Ralph Nader misses seeing his name in the press. Terry's focused on talking with Virginians about jobs, not feeding Ralph Nader's ego."

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (15)

Bookmark and Share

REAGAN WORSHIP GONE AWRY.... This month has been more all-Reagan, all-the-time than the norm for Republicans. It started with a debate over whether Reagan should be the template for GOP rebranding. It continued with Michael Steele's pitch that the GOP must be "forward looking ... [and] take a lesson from Ronald Reagan."

And as the month wraps up, we're treated to a 4,000-word cover story in the Weekly Standard: "Reagan in Opposition: The lessons of 1977," by Noemie Emerie.

I suppose Emerie's point is obvious -- in 1977, Republicans were struggling as a small minority party, as is the case in 2009. What should the GOP do to get back on track in the future? Ponder the "lessons" offered by Reagan 32 years ago, of course. Mori Dinauer jokes, "Reading the piece, I think the main lesson is, 'Reagan was effing awesome.'"

And while that's no doubt the purpose of the exercise, Emerie's article doesn't exactly offer modern Republican leaders a road map. According to the piece, Reagan, for example, spent much of 1977 emphasizing a hawkish approach to the Soviet Union. In 2009, there is no Cold War. In 1977, Reagan also encouraged the party to work in concert with the fledgling religious right movement. However, the religious right is no longer fledgling, it's already part of the GOP coalition, and isn't much of a movement anymore.

The piece concludes:

He understood that the Republican party has no obligation to present the conservative movement with a nominee to its liking, but that the conservative movement has the obligation to lay out its case in so convincing a manner that it persuades most Republicans, most independents, and even some Democrats to follow its banner. This is what Reagan did while in opposition. It is what conservatives could start doing right now.

Oh, is that all? If conservatives present an agenda/worldview that resonates with Republicans, independents, and Democrats, they'll win national elections? You don't say.

The article never quite gets around to explaining why Reagan's efforts in 1977 have any relevance at all today, but I suppose it has a certain prima facie quality among the Weekly Standard's readers: Reagan did it then, so we should do it now. To reference Reagan is to be self-evidently correct -- no explanation necessary.

A few weeks ago, Jon Chait explained that the conservatives' approach too often consists of "latching onto an old president, glossing over the reality of his record, and trying to recreate all of his actions whether or not they have any bearing upon the circumstances of the present day.... The 'philosophical content' of Reagan-worship is a cult-like process for circumscribing original thought."

And it shows no signs of letting up.

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (41)

Bookmark and Share

CARL LEVIN PUSHES BACK AGAINST CHENEY.... Sen. Carl Levin (D-Mich.) addressed the Foreign Policy Association last night, and offered a pretty forceful response to Dick Cheney's recent offensive on national security.

Levin, the chairman of the Senate Armed Services Committee, covered a fair amount of ground, debunking the former vice president's claims about "enhanced interrogation" techniques, for example.

But perhaps Levin's most newsworthy remarks referenced the classified materials Cheney believes document the alleged terror attacks prevented by torture.

"Mr. Cheney has also claimed that the release of classified documents would prove his view that the techniques worked. But those classified documents say nothing about numbers of lives saved, nor do the documents connect acquisition of valuable intelligence to the use of the abusive techniques. I hope that the documents are declassified so that people can judge for themselves what is fact and what is fiction."

It's worth emphasizing that Levin is, of course, privy to the same materials Cheney has been talking about.

His remarks are hardly surprising, but it's nevertheless helpful to hear Levin reject the most common claim Cheney has pushed for months now -- the documents in question don't say what Cheney thinks they say.

Greg Sargent added that cable networks have let Cheney (and his daughter) talk endlessly about the alleged torture-works memos, which the mean ol' president won't release to help boost the Bush/Cheney legacy. "These claims have gone almost entirely unchallenged, due to the classified nature of the documents," Greg explained. "You'd think that a contrary claim from a well-respected Senator who has also seen the docs would merit a few passing mentions, too."

Steve Benen 10:35 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share

FRED BARNES' ASSUMPTIONS.... Within an hour of Sonia Sotomayor's introduction as a Supreme Court nominee, the Weekly Standard's Fred Barnes was on Fox News, parroting the line that the judge is "not the smartest."

While that was in line with the garden-variety smear that's predictable from Barnes, yesterday, on Bill Bennett's radio show, he went further.

BARNES: I think you can make the case that she's one of those who has benefited from affirmative action over the years tremendously.

BENNETT: Yeah, well, maybe so. Did she get into Princeton on affirmative action, one wonders.

BARNES: One wonders.

BENNETT: Summa Cum Laude, I don't think you get on affirmative action. I don't know what her major was, but Summa Cum Laude's a pretty big deal.

BARNES: I guess it is, but you know, there's some schools and maybe Princeton's not one of them, where if you don't get Summa Cum Laude then or some kind of Cum Laude, you then, you're a D+ student.

Barnes' comments were probably just par for the course this week, but here's the follow-up question: how do you know Sotomayor has "benefited from affirmative action over the years tremendously"? The entire smear is predicated on ugly assumptions: a young Puerto Rican woman from the Bronx, raised in a single-parent household, couldn't have found success without affirmative action. He doesn't try to defend it; he just knows it.

It's this insidious bigotry, perhaps not as blatant as that of Tancredo, that lingers too often on the right. Sotomayor couldn't have earned her accomplishments, Barnes (and Limbaugh, and Buchanan) assumes. Even if it were true that her ethnicity helped Sotomayor reach an elite Ivy League institution, she obviously thrived in a competitive environment, based on nothing but her own skills and hard work. But when told the judge graduated Summa Cum Laude from Princeton, Barnes still can't get past his original supposition.

Adam Serwer asked the question the other day I'd love to hear Barnes answer: "[H]ow many Ivy League degrees does a person of color have to have before they're as good as a white person, and no longer reducible to an 'affirmative action hire'?"

Steve Benen 9:55 AM Permalink | Trackbacks | Comments (78)

Bookmark and Share

SHARING THE BURDEN, REDUX.... It appears that our European allies have noticed the rhetoric -- and recent bipartisan votes -- from Congress on Gitmo.

The Obama administration's push to resettle at least 50 Guantanamo Bay prisoners in Europe is meeting fresh resistance as European officials demand that the United States first give asylum to some inmates before they will do the same.

Rising opposition in the U.S. Congress to allowing Guantanamo prisoners on American soil has not gone over well in Europe. Officials from countries that previously indicated they were willing to accept inmates now say it may be politically impossible for them to do so if the United States does not reciprocate.

"If the U.S. refuses to take these people, why should we?" said Thomas Silberhorn, a member of the German Parliament from Bavaria, where the White House wants to relocate nine Chinese Uighur prisoners. "If all 50 states in America say, 'Sorry, we can't take them,' this is not very convincing."

Imagine that. These European governments were largely inclined to help out when they assumed a wide variety of nations would share the detention burden. But now that these foreign officials have heard U.S. lawmakers -- from both parties -- suddenly come to believe that Guantanamo detainees are far too dangerous for U.S. soil, their willingness to cooperate is waning.

American politicians are assuming that their constituents will never tolerate a process that allows dangerous detainees in their states/districts. European politicians are, not surprisingly, wondering how they'll respond to their own constituents about the same dynamic, especially if U.S. lawmakers are unwilling to accept any detainees at all.

This is especially true of Uighurs who were bound for Germany, which has the continent's largest expatriate community of Uighurs, and where the group would likely find temporary homes and job opportunities. German diplomats expressed a willingness to accept nine Uighurs, a position that grew stronger after a meeting with Attorney General Eric Holder. The director of social services for the city of Munich said, "If the Uighurs should come to Munich, we would take care of them."

Then German officials heard rhetoric from members of Congress, which has put the arrangement in jeopardy.

Congressional cowardice has not gone unnoticed on the international stage. It's a real problem.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (20)

Bookmark and Share

THE RIGHT RESPONSE.... The Politico had an odd item late yesterday, arguing that with so many unhinged conservatives accusing Sonia Sotomayor of "racism," it's incumbent on the White House to address the issue.

"Some Democrats and political analysts are urging the White House to shift course and concede that Supreme Court nominee Sonia Sotomayor made an error when she suggested in 2001 that Hispanic women would make better judges than white men," Josh Gerstein reported, before quoting Lanny Davis and Chris Lehane.

But she didn't "suggest" Hispanic women would make better judges than white men. An honest reading of the 2001 speech in question makes this clear (even to conservatives who are disinclined to support her nomination). She explained, quite clearly, that one's background and experiences can help shape a judge's perspective, but added that he or she must remain cognizant of that to prevent biases from dictating outcomes. Indeed, her detractors have it backwards -- Sotomayor said in the same speech she's committed to "complete vigilance in checking my assumptions, presumptions and perspectives."

In reality, it's not the White House that needs to respond to bogus Republican accusations of "racism," it's GOP leaders who need to weigh in. Yesterday, that's exactly what happened.

A top Senate Republican is taking aim at recent statements from conservative commentators Rush Limbaugh and Newt Gingrich suggesting Supreme Court nominee Sonia Sotomayor is a "racist."

"I think it's terrible," Sen. John Cornyn, the chairman of the National Republican Senatorial Committee, told NPR's "All Things Considered" Thursday. "This is not the kind of tone any of us want to set when it comes to performing our constitutional responsibilities of advise and consent." [...]

"Neither one of these men [Gingrich and Limbaugh] are elected Republican officials. I just don't think it's appropriate. I certainly don't endorse it. I think it's wrong," he said.

Good call. Cornyn no doubt realizes the damage -- short and long term -- that Republican leaders like Gingrich and Limbaugh are doing to their party, and it makes sense to have a top GOP official like Cornyn disavowing their offensive attacks.

It's what makes the Politico article all the more mistaken. When prominent Republican voices launch ridiculous attacks, it's not up to the White House to lend the criticism credibility; it's up to the GOP to disassociate itself from the nonsense.

And better yet, it's up to political reporters at major outlets to explain to the public why the attacks are false. I can't help but notice that isn't happening much.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (45)

Bookmark and Share

REFLEXIVE REACTIONARIES.... There's been a lot of talk this week about President Obama helping the Democratic Party solidify ties with Hispanic voters by nominating Sonia Sotomayor for the Supreme Court. But that's an incomplete look at the bigger picture -- it's far more likely the right-wing reaction to the nomination will have a more sweeping effect than the nomination itself.

The immediate responses to the nomination have included ugly talk about affirmative action, bizarre references to Puerto Rican food, criticism of the way in which Sotomayor's family pronounces their own name, baseless accusations of "racism," and at least one U.S. senator arguing publicly that Sotomayor's ability "to rule fairly without undue influence from her own personal race, gender, or political preferences" is in doubt.

But leave it to former Rep. Tom Tancredo (R-Colo.), whose record on race is notorious for a reason, to go the extra mile. On CNN yesterday, Tancredo attacked Sotomayor over her association with the National Council of La Raza.

"If you belong to an organization called La Raza, in this case, which is, from my point of view anyway, nothing more than a Latino -- it's a counterpart -- a Latino KKK without the hoods or the nooses. If you belong to something like that in a way that's going to convince me and a lot of other people that it's got nothing to do with race. Even though the logo of La Raza is 'All for the race. Nothing for the rest.' What does that tell you?"

Actually, it tells me quite a bit, though it says very little about La Raza or Sotomayor.

I'm hesitant to dignify Tancredo's nonsense, but for those who aren't familiar with La Raza, it's more or less the equivalent of the NAACP or B'nai Brith. It's an entirely mainstream organization, which has strong ties to both major political parties (John McCain, for example, has twice addressed the group's annual convention). The "nothing for the rest" line is something Tancredo simply made up.

But the larger political truth is that the right is well aware of the dynamics here. Conservatives know that bigoted attacks against Sotomayor will only weaken the right's credibility, make confirmation more likely, and make Republican outreach to the Hispanic community that much more difficult. It's like we're watching a test play out in real time -- can the right criticize a Democratic president's Supreme Court nominee on the merits, and steer clear of racism?

Just three days into the process, it's a test too many on the right are failing. Badly.

I suspect some Republican leaders will distance themselves from Tancredo's madness today, which would be wise. But it obviously throws the GOP off message -- instead of going on the offensive, party leaders will have to spend time keeping one of the their own at arm's length.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (30)

Bookmark and Share
By: Hilzoy

Eat Your Spinach!

This is one of those dull bills that really matters:

"The nation's complex food supply chain would become more transparent, inspections of food facilities would become more frequent and manufacturers would be required to take steps aimed at preventing food-borne illnesses under legislation proposed yesterday by key House leaders who have pledged to modernize the food safety system.

The bill, introduced by Energy and Commerce Committee Chairman Henry A. Waxman (D-Calif.) and Rep. John D. Dingell (D-Mich.), would give the Food and Drug Administration broad new enforcement tools, including the authority to recall tainted food, the ability to "quarantine" suspect food, and the power to impose civil penalties and increased criminal sanctions on violators.

Among other things, the proposal would put greater responsibility on growers, manufacturers and food handlers by requiring them to identify contamination risks, document the steps they take to prevent them and provide those records to federal regulators. The legislation also would allow the FDA to require private laboratories used by food manufacturers to report the detection of pathogens in food products directly to the government.

"This is a major step forward," said Erik Olson, director of food and consumer product safety at the Pew Charitable Trusts. "This has really been needed for decades. We're still operating under a food and drug law signed by Teddy Roosevelt.""

Rick Perlstein coined the wonderful phrase "e. coli conservatism". We've been living with, and in some cases dying from, e. coli conservatism for years. It's nice to know that we're getting back to serious food safety liberalism, which, frankly, ought to be just plain common sense, and perfectly acceptable to any conservatives who care about a strong defense. After all, food-borne illness kills about 2,000 more people every year than died on 9/11; why we should spend over half a trillion dollars a year defending ourselves against human invaders while leaving ourselves open to bacteria that are every bit as lethal is a mystery that passeth all understanding.

***

Special FDA bonus: the new FDA commissioner and her principal deputy have an article outlining their plans for the agency in the New England Journal of Medicine. It's quite good. Merrill Goozner has some good analysis here.

Hilzoy 2:13 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share
 
May 28, 2009

THURSDAY'S MINI-REPORT.... Today's edition of quick hits:

* GM struck a deal with creditors today, which "would give them a 10 percent stake in the new company and the ability to buy more shares if the recovery of the automaker goes well."

* Unrest in Pakistan: "Multiple bombs exploded in two Pakistani cities on Thursday, just hours after Taliban groups issued an extraordinary warning for people to evacuate several large cities, saying they were preparing 'major attacks.'"

* The foreclosure crisis isn't even close to being over.

* Americans seem generally impressed with Sotomayor so far.

* For no apparent reason, Senate Minority Whip Jon Kyl (R-Ariz.) wants to delay a vote on Sotomayor until September, as compared to August.

* Sen. Pat Roberts (R) of Kansas announced today he'll vote against the Sotomayor nomination.

* The NRA, to conservatives' dismay, isn't inclined to go after Sotomayor.

* The White House, meanwhile, seems optimistic that Sotomayor is, in fact, pro-choice.

* Sen. Orrin Hatch (R) of Utah believes it's "highly likely" that Sotomayor will be confirmed.

* The administration is eyeing the creation of one agency that would be responsible for regulating the banking industry.

* Those with health insurance pay a bundle in higher premiums every year to make up for those with no insurance.

* Look for the FBI to begin playing a larger role in international counter-terrorism.

* Apparently under the impression that he's helping his party, Karl Rove has now gone after Sotomayor as "sort of a schoolmarm," who is overly reliant on "emotion."

* No, Cardozo doesn't count as the first Hispanic justice.

* Glenn Beck is still talking about ACORN?

* Nice column from Gail Collins on the need to reform the student loan system.

* Bill O'Reilly seems to have a real hang-up about blogs. This time, he's annoyed the left and the right, apparently because he and his producers have never heard of "nutpicking."

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (35)

Bookmark and Share

FEET TO THE FIRE.... Responding to the latest conspiracy theory from the right -- the one about Obama and Republican car dealerships -- Kevin Drum raises a very good point, which I hadn't considered. After noting that the argument didn't stand up well to scrutiny, Kevin notes:

So that's that. But I want to defend Doug Ross and the RedState folks who publicized this anyway. I'm serious. Sure, it turned out that nothing was going on, but you know what? If George Bush's administration had gone down this road, I'd want someone to watch them like a hawk too. The crackpotty writing may be a source of amusement, and I have no doubt that these guys are, as usual, going to embarrass themselves in an Ahab-like quest to prove that Obama really did force Chrysler to target Republican donors -- with the lapdog mainstream media covering up for him because, you know, that's what they do.

But even so, I say dig away. Even blind squirrels find nuts occasionally, and if the government is going to be running car companies, then this is exactly the kind of thing people should be watching out for. That's what opposition parties are for.

I agree with just about all of this. There's nothing wrong with due diligence, and if conservative bloggers want to hold elected officials' feet to the fire, more power to 'em. It's what being politically engaged is all about.

The only small caveat I'd add is that the right, in the midst of its digging, should also recognize the problems associated with embarrassing themselves in Ahab-like quests too much. Outlets need at least a shred of credibility for when they really do find a story that's legit.

When the boy who cried wolf actually saw a wolf, as I recall, no one much cared. Similarly, conservative bloggers and talk-radio hosts are constantly finding scandalous schemes and outrageous abuses relating to the White House. Some are transparently ridiculous, and some take a few seconds on Google to debunk, but either way, they shout a lot of nonsense. Eternal vigilance is generally wise, but if the opposition party finds a real gem in its 1000th try, it'll be easier to ignore if the first 999 tries were nonsensical.

It reminds me of a tabloid, which routinely publishes thinly-sourced garbage, but once in a great while, has a legitimate scoop. The real story would be easier to believe if the tabloids weren't consistenly such an embarrassment.

Kevin's right; conservative blogs should keep on digging. But once "right-wing blogger" becomes synonymous with "trashy check-out aisle tabloid," it might be too late for their news to matter.

Steve Benen 4:40 PM Permalink | Trackbacks | Comments (22)

Bookmark and Share

STARTING TO LOOK A BIT LIKE CONNECTICUT '06.... Whether he deserves it or not, Sen. Arlen Specter will, like all Democratic incumbents, enjoy the support of the party establishment, including the White House. Rep. Joe Sestak (D-Pa.), who's all but certain to challenge Specter in a Democratic primary, told Greg Sargent this afternoon that even a call from the president wouldn't discourage him.

Asked what he would do if Obama himself made the request, Sestak reiterated his respect for the President but said it wouldn't make a difference. "At the end of the day my responsibility is to [the people] here in Pennsylvania," he said.

Obama has said he'll back Specter to the hilt for re-election, but Sestak said even a Presidential endorsement isn't insurmountable for him. "As important as the President's endorsement is, and who wouldn't want President Obama's endorsement, at the end of the day I don't believe that most voters vote because someone else endorsed someone," Sestak said.

I not only think that's true, I also think Sestak understands very well how this game is played. Obama will support the Democratic incumbent, and then support the Democratic nominee. If Sestak wins the primary, he'll have Obama's support.

We saw a similar dynamic in Connecticut in 2006*. Joe Lieberman was the Democratic incumbent, and party leaders (including Obama) rallied to support his campaign. When he lost the primary, those same party leaders threw their support (with varying degrees of enthusiasm) to Ned Lamont.

So, from Sestak's perspective, why not run? It may look like he's bucking the party's leadership, but that'll be the same leadership that embraces him with both arms should he win the primary.

* Post Script: The difference between Pennsylvania and Connecticut, in case there's any lingering confusion, is that Specter wouldn't be able to run as an independent after the primary. He who loses the primary will have to wait until the next election cycle.

Steve Benen 4:10 PM Permalink | Trackbacks | Comments (21)

Bookmark and Share

IF REVERSAL RATES MATTER.... The conservative Washington Times ran a headline yesterday that read, "Sotomayor reversed 60% by high court." The article quoted a right-wing activist saying, "Her high reversal rate alone should be enough for us to pause and take a good look at her record."

Rachel Maddow had a great segment on this GOP talking point last night, and it's worth keeping in mind as the debate over Sonia Sotomayor's nomination continues, not only because it's likely to be repeated quite a bit, but also because it points to a certain desperation in the judge's detractors.

Sotomayor has been on the appeals court federal bench for over a decade, and during her career, she's written 380 rulings for the 2nd Circuit's majority. Of those 380, five have been considered on appeal to the Supreme Court. And of those five, three have reversed the lower court's decision. That's how the right gets to a 60% reversal rating -- three out of five, as opposed to three out of 380.

Of course, if that 60% figure were really scandalous, the right should have balked at the Alito nomination -- he had two of his rulings considered by the high court, and both were overturned. (That's a 100% rating! He must have been a horrible judge!)

The irony is, Sotomayor's reversal numbers are actually better than the norm, not worse. Media Matters noted yesterday, "[A]ccording to data compiled by SCOTUSblog, Sotomayor's reported 60 percent reversal rate is lower than the overall Supreme Court reversal rate for all lower court decisions from the 2004 term through the present -- both overall and for each individual Supreme Court term."

And yet, conservative media personalities nevertheless continue to tout this as evidence of a Sotomayor weakness, either unaware or unconcerned about how completely wrong the argument is.

I don't doubt there are legitimate areas of criticism regarding Sotomayor's lengthy legal career. The right seems to be having trouble, though, finding them.

Steve Benen 3:20 PM Permalink | Trackbacks | Comments (35)

Bookmark and Share
By: Hilzoy

Historical Amnesia

This is a very silly thing to say:

"Judge Sonia Sotomayor's nomination to the U.S. Supreme Court is a historic milestone for Latinos, but it resonates well beyond Hispanic pride. It is perhaps the most potent symbol yet of a 21st century rapprochement between the U.S.'s two largest minorities, Latino Americans and African Americans, who in the 20th century could be as violently distrustful of each other as blacks and whites were."

Ta-Nehisi Coates:

"One must be clear about what constituted "violent" distrust "between" blacks and whites in the 20th century. It meant thousands of whites, in Atlanta, in 1906, assembling on the streets to randomly murder black people. In Springfield, Illinois, in 1908, it meant whites pillaging a Jewish businesses for arms, and then proceeding to the black side of town, attacking black business and black homes, and thousands of black people fleeing for their lives. It meant whites--across the nation--in 1910 assembling in mobs and murdering random black people (On the 4th of July!). The cause? Jack Johnson had the temerity to win the championship. It meant whites in East St. Louis, in 1918, perpetrating a pogrom against the city's black population, and killing over 100 black people because, "southern niggers need a lynching."

I have not known Latinos in the 20th Century to perpetrate a Red Summer. I have not known blacks to lynch Latino veterans, returning from war, in their uniforms. The fact is that there was no violent distrust between blacks and whites in the 20th century. Rather there was a one-sided war waged against black people by white terrorists, which government, in the best cases, failed to prevent, in many cases, stood idly by, and in the worst cases actually aided and abetted. I'm sorry but comparing that to whatever's happening between blacks and Latinos, is a slander against both those groups, and an amazingly naive take on the history of white America in regards to race."

There seems to be a rash of naivete on this subject lately. Here's Rush Limbaugh, quoted in TAPPED:

"If ever a civil rights movement was needed in America, it is for the Republican Party. If ever we needed to start marching for freedom and Constitutional rights, it's for the Republican Party. The Republican Party is today's oppressed minority. It knows how to behave as one. It shuts up. It doesn't cross bridges, it doesn't run into the Bull Connors of the Democrat Party. It is afraid of the firehouses and the dogs, it's compliant. The Republican Party today has become totally complacent. They are an oppressed minority, they know their position, they know their place. They go to the back of the bus, they don't use the right restroom and the right drinking fountain, and they shut up."

Leaving aside the peculiar claim that the Republican Party is non-confrontational at present, the idea that Republicans are being denied their civil rights the way blacks were under Jim Crow -- that they do not have the right to vote, and are beaten up or killed when they try to exercise it, for instance -- is just bizarre beyond belief.

Hyperbole is one thing, but complete distortion of history is another. I don't expect better from Limbaugh -- John Cole wrote that "the right wing apparently spent the last eight years combining the highly successful tactics of Code Pink and the comedic stylings of Hee Haw!", and he's right -- but the first paragraph I quoted appeared in Time. And Time's columnists should know better than to confuse friction between members of two groups with a government-enforced regime of terror that lasted for centuries.

Hilzoy 2:50 PM Permalink | Trackbacks | Comments (49)

Bookmark and Share

REASON FOR OPTIMISM.... Plenty of things can still go wrong, but the health care debate seems to be moving in an encouraging direction.

The push to include a public health care option as part of a system-wide overhaul benefited from two major boosts Wednesday. Sen. Max Baucus (D-Mont.), the chairman of the Finance Committee and lead health care negotiator, is "fighting tooth and nail to include that in any final deal," his chief of staff John Selib said at a town hall meeting in Montana, according to the Billings Gazette.

Meanwhile, Sen. Ben Nelson (D-Neb.) backed off his opposition to a public option in a meeting with health care advocates on Wednesday in Nebraska.

Nelson, according to two people in the room, told the group that he was open to a public option, the primary Democratic goal of reform and anathema to conservatives. [...]

Jane Kleeb, a top Democratic powerbroker in Nebraska, said Nelson's openness to a public option was the biggest takeaway from the meeting.

"He made it clear that he is open to the public option. That's not a line in the sand where he says it must be off the table for him to move forward on health care reform," she said.

Both of these are encouraging developments. Baucus, of course, is taking a leading role in shaping the Senate version of the bill, and if he's prepared to fight "tooth and nail" for a public option, it's a lot more likely to happen.

As for Nelson, just a few weeks ago, the Nebraskan said a public option in the reform package would be a "deal breaker," because it would simply be too attractive to and popular with American consumers. What's more, he vowed to put together a "coalition of like-minded centrists opposed to the creation of a public plan," to help ensure that the final bill relies exclusively on private insurers.

Today, however, meeting with representatives of SEIU, AARP, the American Cancer Society, the reform coalition Healthcare for America NOW, and the Center for Rural Affairs, Nelson reportedly sang a very different tune.

Maybe the heat Nelson was taking as a result of his position led him to reconsider his obstinacy.

It's hardly a lock, of course. Nelson apparently told these groups that he's "open" to the idea, which is better than the line he took a few weeks ago. But the larger truth is that the reform is effort is clearly on track -- and with a reconciliation process in place, the final bill needs just 50 votes.

Steve Benen 2:45 PM Permalink | Trackbacks | Comments (7)

Bookmark and Share

STOP DIGGING.... The National Review's Mark Krikorian received quite a bit of criticism yesterday (including some from me) following a couple of posts about the pronunciation of Sonia Sotomayor's name. Krikorian argued that the proper pronunciation, preferred by the judge and her family, is "unnatural in English," and "something we shouldn't be giving in to." It wasn't clear which group of people constituted "we."

Krikorian added that "newcomers" should "adapt" to how "countrymen say your name." To do otherwise would be a failure of "multiculturalism." He knows how to pronounce the Supreme Court nominee's name, but he doesn't like it, and would like others to join him in pronouncing it incorrectly.

Today, after noting the variety of responses to his argument -- Olbermann labeled him the Worst Person in the World last night -- Krikorian thought it wise to return to the subject again today.

[F]or those actually interested in the point, here's what I was trying to get across: While in the past there may well have been too much social pressure for what sociologists call Anglo-conformity, now there isn't enough. I think that's a concern that most Americans share at some level, which is the root of the angst over excessive immigration, bilingual education, official English, etc.

I'm not sure how this helps.

The right would be less reactionary on issues like immigration and English as the "official" language if more families like Sotomayor's would say their names without their accent? If more Spanish-speaking families would simply give up some of their culture and heritage, conservatives would be less narrow-minded?

Krikorian probably should have quit while he was behind.

Steve Benen 2:00 PM Permalink | Trackbacks | Comments (50)

Bookmark and Share

THERE IS NO CAR-DEALER CONSPIRACY.... A whole lot of right-wing blogs are worked up today over a report about the political affiliations of Chrysler dealers who've been shut down.

Evidence appears to be mounting that the Obama administration has systematically targeted for closing Chrysler dealers who contributed to Repubicans [sic]. What started earlier this week as mainly a rumbling on the Right side of the Blogosphere has gathered some steam today with revelations that among the dealers being shut down are a GOP congressman and closing of competitors to a dealership chain partly owned by former Clinton White House chief of staff Mack McLarty.

The basic issue raised here is this: How do we account for the fact millions of dollars were contributed to GOP candidates by Chrysler who are being closed by the government, but only one has been found so far that is being closed that contributed to the Obama campaign in 2008?

Rep. Vern Buchanan (R-Fla.), who has a dealership that will close, called this "an outrage." A variety of far-right bloggers chose more colorful language.

And what is the "evidence" of a partisan conspiracy that "appears to be mounting"? As you might have guessed, like most conservative theories, this one is extremely thin. The argument, in a nutshell, is that Chrysler dealers owned by a variety of Republican donors are being closed, the government is now involved with Chrysler's restructuring, so that points to "evidence" that the Obama administration is deliberately punishing GOP contributors.

Nate Silver, who has a nasty habit of using pesky things like facts to respond to silly arguments, explained, "There is just one problem with this theory. Nobody has bothered to look up data for the control group: the list of dealerships which aren't being closed. It turns out that all car dealers are, in fact, overwhelmingly more likely to donate to Republicans than to Democrats -- not just those who are having their doors closed."

There is no conspiracy. The Obama administration is not using Chrysler's bankruptcy to punish individual Republican contributors. Conservative blogs jumped on this before thinking it through.

Nothing to see here; move along.

Steve Benen 1:10 PM Permalink | Trackbacks | Comments (65)

Bookmark and Share

THE 2003 TACTICS REPUBLICANS WOULD PREFER TO FORGET.... Following up on an item from earlier, Republicans are pointing to the 2003 fight over Miguel Estrada's judicial nominee as offering key lessons in 2009. I think that's true, but for far different reasons.

For some, the point is that Democrats opposed Estrada, but didn't suffer political consequences, so Republicans need not worry about taking on Sonia Sotomayor and losing support from Hispanic voters now. It's a misguided comparison, for a variety of reasons.

But the reference to Estrada is nevertheless a helpful reminder. In 2003, the mainstream Republican attack -- repeated over and again, by officials at a variety of levels -- was that opposition to a Hispanic judicial nominee was necessarily evidence of Democratic racism. I pointed earlier to Trent Lott and Rush Limbaugh making the argument.

The Media Matters Action Network found plenty of additional examples.

Republican Sen. Jon Kyl Said "I See This, Really, As A Slap At Hispanics." As reported by the Washington Times: "Republicans have seized on Mr. Estrada's stalled nomination to drive a wedge between the Democratic Party and Hispanic voters, whose ranks are growing faster than any other minority group in America. 'I see this, really, as a slap at Hispanics,' Sen. Jon Kyl, Arizona Republican, said Wednesday." [Washington Times, 3/14/03; emphasis added] ...

Republican Rep. Henry Bonilla Said Opposition To Estrada Was "The Biggest Anti-Hispanic Crusade This City Has Ever Seen." As reported by the Washington Times: "Senate Democrats yesterday again blocked the nomination of lawyer Miguel A. Estrada to the U.S. Circuit Court of Appeals for the District of Columbia. The vote sustained for the second time a Democratic filibuster of the Estrada nomination. His supporters responded with accusations of racism and President Bush declared that 'the judicial confirmation process is broken.' 'It's a sad day,' Rep. Henry Bonilla, Texas Republican, said after the vote. 'This is the biggest anti-Hispanic crusade this city has ever seen.'" [Washington Times, 3/14/03; emphasis added]

In case the point isn't entirely obvious, these attacks were pathetic for a variety of reasons, not the least of which was the fact that Democratic opposition had nothing to do with ethnicity. Republicans were engaged in the laziest thinking possible: Estrada was a Hispanic nominee, so to oppose him was to be anti-Hispanic.

I suspect these same Republicans -- Jon Kyl is now the #2 GOP leader in the Senate -- would be outraged to see the same standard they used in 2003 applied to themselves in 2009.

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (14)

Bookmark and Share

THURSDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* A new Quinnipiac poll out of Pennsylvania shows Arlen Specter leading Pat Toomey in a hypothetical general-election match-up by nine points, 46% to 37%, which is a significantly closer race than a Quinnipiac poll taken earlier in the month.

* The same poll shows Specter leading Joe Sestak in a Democratic primary match-up, 50% to 21%.

* In a signal of where Florida's Senate race is headed, the Club for Growth went after Charlie Crist (R) yesterday for being insufficiently conservative on taxes.

* Sen. Dick Durbin (D-Ill.) told reporters yesterday that he will not support Sen. Roland Burris (D-Ill.) next year, should Burris seek a full term.

* Given recent revelations, Burris would be wise to gracefully retire, rather than seek a full term of his own.

* With state Attorney General Roy Cooper (D) passing on the Senate race next year, Rep. Heath Shuler (D-N.C.) is reportedly giving the race another look.

* Ethan Berkowitz (D), who nearly defeated Rep. Don Young (R-Alaska) last year, now intends to run against Gov. Sarah Palin in 2010, if she seeks a second term.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (6)

Bookmark and Share

SHE'S PRO-CHOICE, RIGHT?.... There was never any real doubt that President Obama would select pro-choice nominees for the Supreme Court. But Sonia Sotomayor's record on the issue is thin, and it's apparently prompting a few observers to hesitate, or at a minimum, seek clarification.

In nearly 11 years as a federal appeals court judge, President Obama's choice for the Supreme Court, Sonia Sotomayor, has never directly ruled on whether the Constitution protects a woman's right to an abortion. But when she has written opinions that touched tangentially on abortion disputes, she has reached outcomes in some cases that were favorable to abortion opponents.

Now, some abortion rights advocates are quietly expressing unease that Judge Sotomayor may not be a reliable vote to uphold Roe v. Wade, the landmark 1973 abortion rights decision. In a letter, Nancy Keenan, president of Naral Pro-Choice America, urged supporters to press senators to demand that Judge Sotomayor reveal her views on privacy rights before any confirmation vote.

"Discussion about Roe v. Wade will -- and must -- be part of this nomination process," Ms. Keenan wrote. "As you know, choice hangs in the balance on the Supreme Court as the last two major choice-related cases were decided by a 5-to-4 margin."

Shortly after Sotomayor was introduced as the nominee, Charmaine Yoest, president of Americans United for Life, quickly blasted her as "a radical pick" who "believes the role of the court is to set policy which is exactly the philosophy that led to the Supreme Court turning into the National Abortion Control Board."

What was that based on? Apparently nothing. The right assumes she's pro-choice; the left assumes she's pro-choice. But no one seems to know whether she's pro-choice or not.

Chances are, this will come up during the confirmation hearings. If Sotomayor sticks to the usual script, she'll say she would approach every case with an open mind, without a preconceived position on any issues. Asked if she's ever taken a firm stand on Roe, Sotomayor will probably claim a faulty memory. It is, after all, what most nominees do.

For what it's worth, I'd love to hear Sotomayor follow Ruth Bader Ginsburg's example. When she was a high court nominee, Ginsburg sidestepped questions about specific cases, but didn't hesitate to state her positions on key issues, including abortion.

"[The right to an abortion] is something central to a woman's life, to her dignity. It's a decision that she must make for herself," Ginsburg told the Judiciary Committee. "And when government controls that decision for her, she's being treated as less than a fully adult human responsible for her own choices."

None other than Sen. Orrin Hatch (R-Utah), who voted for Ginsburg's nomination, praised the nominee for having been "very specific in talking about abortion."

Any chance Sotomayor might offer a similar response this summer? Any chance Republicans will be equally generous with their praise?

Steve Benen 11:05 AM Permalink | Trackbacks | Comments (79)

Bookmark and Share

NO COMPARISON.... After noting some of the political complications associated with Republicans attacking the first Latina Supreme Court nominee, Time's Jay Newton-Small noted, "A GOP birdie reminds me that the Dems paid little heed to Hispanic voters when they filibustered Miguel Estrada's nomination to the DC Circuit Court of Appeals, often seen as a stepping stone to the Supreme Court."

Apparently, this is going around. Karl Rove raised the same point in his Wall Street Journal column today.

The media has also quickly adopted the story line that Republicans will damage themselves with Hispanics if they oppose Ms. Sotomayor. But what damage did Democrats suffer when they viciously attacked Miguel Estrada's nomination by President George W. Bush to the D.C. Circuit Court of Appeals, the nation's second-highest court?

If this is going to continue to be a regular part of the Republican message, it's probably explaining why it's an absurd comparison (though it does point to one key larger truth).

First, as Newton-Small added, the political landscape has changed since Estrada's nomination was defeated in 2003, most notably after the fight over immigration reform.

Second, as Jon Chait explained, the two nominations are hardly identical: "[T]he GOP has a bad reputation among Hispanics and the Democrats don't, and the Supreme Court plays an ever-so-slightly larger role in the public imagination than the D.C. Circuit Court of Appeals."

Third, Rove is making a foolish assumption, suggesting that Latino voters resent politicians who oppose Latino nominees. That's wrong. Rove may have forgotten, but the Democrats' position was bolstered by the fact that Estrada was opposed by Congressional Hispanic Caucus, the Labor Council for Latin American Advancement, the Mexican American Legal Defense and Educational Fund, the United States Hispanic Leadership Institute, and the William C. Velasquez Institute.

But let's also take this opportunity to take a stroll down memory lane. I followed the Estrada nomination pretty closely six years ago, and it's worth reminding the political world of the shameless identity politics Republicans played at the time.

Trent Lott -- Trent Lott! -- said of Democrats, "They don't want Miguel Estrada because he's Hispanic." When Florida Sen. Bob Graham (D) voted against Estrada, none other than Rush Limbaugh ran a statement on his website with a headline that read, "Bob Graham's Crusade Against Hispanic Judges."

In 2003, a variety of Republicans argued that Democratic opposition to a Hispanic judicial nominee was necessarily evidence of Democratic racism. Now that conservatives are worked up over Sonia Sotomayor, I wonder whether Republicans are prepared to be held to the same standard.

Steve Benen 10:05 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share

THE LIMITS OF SCRUTINY.... When I first saw this report yesterday, I sincerely thought it was a joke.

Sotomayor also claimed: "For me, a very special part of my being Latina is the mucho platos de arroz, gandoles y pernir -- rice, beans and pork -- that I have eaten at countless family holidays and special events."

This has prompted some Republicans to muse privately about whether Sotomayor is suggesting that distinctive Puerto Rican cuisine such as patitas de cerdo con garbanzo -- pigs' feet with chickpeas -- would somehow, in some small way influence her verdicts from the bench.

Curt Levey, the executive director of the Committee for Justice, a conservative-leaning advocacy group, said he wasn't certain whether Sotomayor had claimed her palate would color her view of legal facts but he said that President Obama's Supreme Court nominee clearly touts her subjective approach to the law.

First, that's not a good translation of the Puerto Rican dishes. (Update: The original article included a bad translation. The above reflects the corrected language.)

Second, The Hill's Alexander Bolton, who wrote the report, said some conservatives really are scrutinizing the connection between Sotomayor's favorite dishes and her judicial responsibilities.

[Bolton] confirmed, saying, "a source I spoke to said people were discussing that her [speech] had brought attention...she intimates that what she eats somehow helps her decide cases better."

Bolton said the source was drawing, "a deductive link," between Sotomayor's thoughts on Puerto Rican food and her other statements. And I guess the chain goes something like this: 1). Sotomayor implied that her Latina identity informs her jurisprudence, 2). She also implied that Puerto Rican cuisine is a crucial part of her Latina identity, 3). Ergo, her gastronomical proclivities will be a non-negligible factor for her when she's considering cases before the Supreme Court.

I realize the right hasn't launched a serious campaign against a Democratic president's Supreme Court nominee in the modern political era, so conservatives are a little out of practice. But once they start over-thinking the nominee's favorite meals, it's clear a few too many on the right have gone from zero to hysterical in less than 48 hours.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (42)

Bookmark and Share

A SESTAK-SPECTER STAND-OFF.... When Arlen Specter announced his party switch last month, he acknowledged he might be trading one primary fight for another. "I am ready, willing and anxious to take on all comers and have my candidacy for re-election determined in a general election," Specter said.

Whether Specter meant it or not, one of those comers will almost certainly be Joe Sestak. Brian Beutler reported last night:

Rep. Joe Sestak (D-PA) appeared on CNN moments ago and confirmed what I first reported earlier today -- that he intends to jump into the Pennsylvania Democratic Senate primary against Sen. Arlen Specter (D-PA), pending the blessing of his family.

Sestak has recently begun reaching out to donors in his state, informing them of his plans and asking them to contribute to his campaign in advance of the June 30 FEC filing deadline.

This is not, apparently, an official launch, at least not yet. Sestak continued to emphasize late yesterday that he'll sit down with his wife and daughter very soon to make sure they're on board with his plan.

But all indicators clearly point to a big primary fight in the Keystone State. Sestak told CNN he intends to run; he told MSNBC he intends to run; and he told prospective donors he intends to run. If he walks like a Senate candidate, and talks like a Senate candidate....

This is almost certainly a healthy development. Joe Klein made the case for a primary the other day, and I found it very compelling: "Maybe I'm old-fashioned, but it seems to me that if a sitting U.S. Senator decides to change parties simply because he perceives a better chance of winning reelection -- that is, if he does so out of zero personal conviction -- then he deserves to be primaried simply for form's sake, to find out what he actually believes."

Who's likely to win this primary? It's fair to say Sestak would enter the contest as the underdog. A recent Research 2000 poll showed Specter leading Sestak among Pennsylvania Dems by 45 points, with the incumbent benefitting from a huge name-recognition advantage.

But I wouldn't bet against Sestak. He's proven himself a capable lawmaker; he has an impressive military background; he's a life-long Dem; he has some money in the bank; and Pennsylvania Democrats are far from sold on Specter, who has given them plenty of reasons lately to question his fealty to his new party.

Should be interesting.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share

LOOKING BEYOND THE NARROW CONFINES OF THE LAW.... In light of all the talk about "empathy" and allowing personal background to "influence" application of the law, part of me can understand why a quote like this one, from a Supreme Court nominee, might seem inappropriate to conservatives.

"[W]hen a case comes before me involving, let's say, someone who is an immigrant -- and we get an awful lot of immigration cases and naturalization cases -- I can't help but think of my own ancestors, because it wasn't that long ago when they were in that position.

"And so it's my job to apply the law. It's not my job to change the law or to bend the law to achieve any result. But when I look at those cases, I have to say to myself, and I do say to myself, 'You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country.' ...

"When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account."

As has been obvious this week, the right considers this kind of thinking outrageous. Impartial judges are tasked with following and applying the law, without bias or preconceived prejudices. They are, to borrow the popular metaphor, umpires responsible for calling balls and strikes. Thinking about one's "ancestors," and feeling "empathy" for struggling defendants, is a recipe, conservatives have told us, for judicial disaster.

When a nominee says, "It's not my job to change the law or to bend the law to achieve any result," it's not acceptable, we're told, for the next word to be, "but...." The rule of law simply cannot withstand this approach to jurisprudence.

Except, the above quote didn't come from Sonia Sotomayor; it came from Samuel Alito, during his Supreme Court confirmation hearing. What's more, he was responding to a question from Sen. Tom Coburn (R-Okla.), one of the Senate most ardent conservatives, who didn't find Alito's response controversial in the slightest.

At the time, Alito's remarks were, oddly enough, considered a selling point. He's not a cold-hearted conservative, we were told, because Alito is willing to look beyond the letter of the law and consider his own family's background when ruling on all kinds of cases.

If our surprisingly strident right-wing friends care to explain why this sentiment is a disqualifier for a Latina nominee, but a strength for an Italian male nominee, I'd sure appreciate it.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (51)

Bookmark and Share
 
May 27, 2009
By: Hilzoy

The Ricci Case

One of the criticisms of Sonia Sotomayor is that she was part of a panel that affirmed a district court ruling in Ricci v. DeStefano. Here are the basics of the case:

"In 2003, the New Haven Fire Department decided to base promotions to the positions of captain and lieutenant primarily on a written exam. But the next year the city threw out the test results when all but one of the eligible candidates for promotion proved to be white. New Haven firefighter Frank Ricci, a high scorer on the test who is white, sued for reverse discrimination."

I have read many professions of outrage about this decision, but most of them focus on whether it is a good thing or a bad thing that Frank Ricci didn't get his promotion, rather than what the law requires. This puzzled me. Many of the same people who are outraged by the decision also criticize Judge Sotomayor on the grounds that she will substitute her personal preferences for the requirements of the law as written. One might therefore expect them to consider what the law required in this case, rather than simply asking whether the outcome she affirmed was the one they preferred. Oddly enough, however, they didn't.

So I decided to read the case for myself. As best I can tell, the argument in the district court ruling, which the Second Circuit accepts, is as follows:

Ricci and his fellow plaintiffs allege that New Haven's decision to throw out the test was an act of intentional discrimination that violates Title VII of the Civil Rights Act. To prove this allegation, the plaintiffs must first show that there is a prima facie case that they were discriminated against. Next, the defendants can argue that despite this prima facie case, they had a legitimate reason for doing what they did. If they cannot do so, the plaintiffs win; if they can, we move on to step three: the plaintiffs can argue that this supposed reason is a mere pretext disguising discriminatory intent. If they succeed, they win; if not, they don't.

The District Court found that the plaintiffs had established their prima facie case. However, they also found that New Haven had a legitimate reason for acting as it did: wanting to comply with the very same Title VII under which they are being sued. And they found that this reason was not, as the plaintiffs alleged, a mere pretext. Thus, they found for New Haven.

A lot turns on their finding that New Haven had a legitimate reason for throwing out the test. Here, the central points seem to be as follows: first, New Haven's concern about violating Title VII was not just an idle worry. Title VII requires employers not just to inspect their hearts and not find any discriminatory intent, but to consider the racial impact of things like tests. And the EEOC, in interpreting this requirement, has given clear guidance about what impact counts as suspect:

"A selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5) (or eighty percent) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded by Federal enforcement agencies as evidence of adverse impact."

The rates at which blacks and Hispanics passed the New Haven tests were well below 80% of the rate at which whites passed. That means that those tests were presumptively in violation of the law.

There are various things an employer can do to show that a test that has a disparate impact on some racial group is nonetheless OK. New Haven did not do any of these things, though it does seem to have spent a fair amount of time trying to figure out what accounted for the disparate impact, without success. But the steps New Haven did not take are not required: to get on the right side of the law, you can either take those steps or avoid the disparate impact by scrapping the measure that produces it -- unless, of course, scrapping that measure is itself a violation of Title VII.

The plaintiffs argued that scrapping the tests was a violation of Title VII. The Court disagreed. Here again, though, they didn't pull this conclusion out of thin air. This question is governed by precedents, which the District Court discusses on pp. 31-40. I read one of them (Bushey v. New York State Civil Service Commission), and it is very much on point; I'm not a lawyer, but I think that the court would have had to overturn it in order to decide this case differently. Their basic point, as summarized by the Second Circuit, is this:

"These cases clearly establish for the circuit that a public employer, faced with a prima facie case of disparate-impact liability under Title VII, does not violate Title VII or the Equal Protection Clause by taking facially neutral, albeit race-conscious, actions to avoid such liability."

Scrapping the test was race-conscious: the point was to avoid running afoul of Title VII by having a test that so few blacks and Hispanics passed. But it was facially neutral: New Haven did not require that whites pass the test but waive those requirements for blacks, or anything like that; they cancelled the whole test, for everyone. You might wonder whether this really counts as neutral, but the precedents seem pretty clear to me: in Bushey, the action the court said was OK was race-norming their exams (i.e., setting up different curves for different races, so that each race had about the same percentage of people passing.) It's hard to see how one could say that that's not discrimination, but scrapping an exam in order to come up with a new one is.

A District Court cannot overturn a previous appellate court decision, but an appellate court can. The Second Circuit could have overturned its own precedents had it seen fit. They did not, for reasons that they explain here.

The basic point of all this is: both the District Court and the Second Circuit seem to me to have been applying the law in accordance with clear precedents. This is what judges are supposed to do. And anyone who thinks that this decision (made by this court) is problematic should not go on to criticize Judge Sotomayor for judicial activism, since no one who genuinely thought there was a problem with substituting one's own views about what the law ought to be for what it actually says would object to this decision.

Hilzoy 10:58 PM Permalink | Trackbacks | Comments (59)

Bookmark and Share

WEDNESDAY'S MINI-REPORT.... Today's edition of quick hits:

* North Korea's government believes it is no longer bound by the 1953 armistice that halted the Korean War. It also threatened "a powerful military strike," apparently against South Korea, if any of its trade ships are stopped for inspection.

* In Pakistan, "suicide attackers spraying gunfire rammed a carload of explosives into a building housing an ambulance service" today, killing at least 23 and wounding nearly 300.

* A bomb exploded on a western Baghdad street today, killing an American soldier and four Iraqi civilians. The death toll for American troops in Iraq this month (20) is the highest since last September.

* Cyclone Aila in eastern India and Bangladesh has killed at least 191 people.

* Given the ugly nature of the attacks, I wonder if Republican Party leaders realize the kind of damage its base and allies are doing.

* Sen. Jeff Sessions (R-Ala.) said this morning that Judge Sotomayor "has serious problems," though he was unclear as to what those problems were. He added, however, "I don't sense a filibuster in the works."

* Also taking the wind from the right-wing sails, Sen. Chuck Grassley (R-Iowa), a member of the Judiciary Committee, told C-SPAN this morning that Sotomayor will be confirmed.

* Two new ads are reaching television sets, one supporting Sotomayor's nomination, and one opposing.

* The RNC has pulled its shameful "Pussy Galore" parody.

* Competing national polls have offered a variety of results, but the latest Gallup poll shows a majority of Americans opposing marriage equality.

* What's Ted Olson up to, and what's his role in trying to overturn California's Prop. 8?

* It still amuses me to think Bush/Cheney wanted Bernie Kerik, who was indicted yesterday for lying to the White House during his vetting, to be the Secretary of Homeland Security.

* Christopher Nelson, a long-time Asia policy expert and author of the Nelson Report, tackles the five basic questions about what's going on with North Korea.

* Funny thing about conservative opposition to gay marriage -- even far-right lawmakers have a hard time explaining what's wrong with it.

* And finally, Glenn Beck offers up the mixed-metaphor Quote of the Day: "Right now, it's the bottom of the ninth and we are down to our last out and our last strike. Will our government take strike three looking? Or, will they wake up and save the day with a heroic three pointer on a penalty shot?"

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (28)

Bookmark and Share

'A LOT LESS PROVOCATIVE AND TROUBLING'.... It's a 32-word quote: "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." That line, from a speech Judge Sonia Sotomayor delivered in 2001, is necessarily a disqualifying remark for a Supreme Court nominee, according to a variety of conservatives.

Indeed, those 32 words not only have prompted some of the right's more unhinged activists (Gingrich, et al) to call for Sotomayor to withdraw from high court consideration, it's also prompted many more conservative leaders (Limbaugh, et al) to smear the nominee as a "racist" and a "bigot."

It's why I was I was impressed by this item from conservative writer Rod Dreher, who took the time to read the entire 2001 speech. The headline of his piece today reads, "I was wrong about Sotomayor speech."

Taken in context, the speech was about how the context in which we were raised affects how judges see the world, and that it's unrealistic to pretend otherwise. Yet -- and this is a key point -- she admits that as a jurist, one is obligated to strive for neutrality. It seems to me that Judge Sotomayor in this speech dwelled on the inescapability of social context in shaping the character of a jurist. That doesn't seem to me to be a controversial point, and I am relieved by this passage:

"While recognizing the potential effect of individual experiences on perception, Judge Cedarbaum nevertheless believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law. Although I agree with and attempt to work toward Judge Cedarbaum's aspiration, I wonder whether achieving that goal is possible in all or even in most cases."

Relieved, because it strikes me as both idealistic and realistic. I am sure Sotomayor and I have very different views on the justice, or injustice, of affirmative action, and I'm quite sure that I won't much care for her rulings as a SCOTUS justice on issues that I care about. But seeing her controversial comment in its larger context makes it look a lot less provocative and troubling.

Good for Dreher. He and I agree on practically nothing, but I appreciate the fact that he took the time to read Sotomayor's speech and was willing to admit that he was mistaken about its meaning.

I suspect any intellectually honest and serious observer would read the same speech and reach the same conclusion. The "controversy" over the remark is little more than a foolish exercise, launched by partisans who couldn't be bothered to do with Dreher did: read the whole thing.

This "wise Latina" matter may be at the top of the right's list of talking points, and I really doubt Limbaugh, Gingrich, & Co. care about the integrity of their criticisms, but if this is the best they've got against Sotomayor, it says more about them than her.

Steve Benen 4:30 PM Permalink | Trackbacks | Comments (52)

Bookmark and Share

'THE SHOT THAT CHANGED THE REPUBLIC'.... This is one of those must-read stories that left me shaking my head in disbelief.

It was called "the shot that changed the republic."

The killing in 1967 of an unarmed demonstrator by a police officer in West Berlin set off a left-wing protest movement and put conservative West Germany on course to evolve into the progressive country it has become today.

Now a discovery in the archives of the East German secret police, known as the Stasi, has upended Germany's perception of its postwar history. The killer, Karl-Heinz Kurras, though working for the West Berlin police, was at the time also acting as a Stasi spy for East Germany.

It is as if the shooting deaths of four students at Kent State University by the Ohio National Guard had been committed by an undercover K.G.B. officer, though the reverberations in Germany seemed to have run deeper.

"It makes a hell of a difference whether John F. Kennedy was killed by just a loose cannon running around or a Secret Service agent working for the East," said Stefan Aust, the former editor in chief of the weekly newsmagazine Der Spiegel. "I would never, never, ever have thought that this could be true."

And yet, the killing that effectively caused the summer of '68 uprising and led to the founding of the terrorist Red Army Faction, seems to have actually happened. It's extraordinary.

This is of particular interest right now because the new issue of the Washington Monthly has a book review from Paul Hockenos on Stefan Aust's book on the Red Army Faction.

The irony, with these new revelations in mind, is that the shooting helped lead to the creation of the Red Army Faction, but it also triggered a movement of non-violent students. Eventually, the turmoil led to a healthier, stronger, more-democratic West Germany.

Probably not what the Stasi shooter and his/her superiors had in mind.

Steve Benen 4:00 PM Permalink | Trackbacks | Comments (12)

Bookmark and Share

'REVERSE' RACISM.... The right keeps coming up with odd phrases in which the apparent meaning bears no resemblance to the actual meaning. "Opposite marriage" was a popular one a few weeks ago, despite the fact that it was not referring to the opposite of marriage.

Matt Yglesias flags a new one.

Rush Limbaugh thinks Sonia Sotomayor is a "hack" and worse, "Here you have a racist -- you might want to soften that, and you might want to say a reverse racist."

This seems very confused. Being a "reverse racist" can't be similar to being a "racist," it needs to be the reverse of being a racist. Limbaugh clearly just thinks Sotomayor is a racist. She hates white people. For a Latina to hate white people isn't "reverse" racism, it's racism. Reverse racism would be if you had a white person who hates white people. It would be like racism, where you hate people of other races, but in reverse.

I had the same reaction, but I'd take this just a little further.

If we accept Limbaugh's argument at face value, he argues that a Latina like Sotomayor is a "reverse racist," as opposed to being a generic, garden-variety racist, because he thinks she hates white people. Putting aside the fact that the accusation is insane, the key to Limbaugh's case is the race of the injured party -- those bigoted against white people aren't racists, they're reverse racists. Presumably, then, those bigoted against non-white people are actual racists.

That's the reasoning here. Those who hate whites are reverse racists; whites hate others are regular ol' racists.

I vaguely recall a panel discussion when I was an undergrad, sponsored by the Black Student Union, in which participants debated whether it was possible for African Americans to be racists. It never occurred to me that Limbaugh would argue against it, but here we are.

Steve Benen 3:30 PM Permalink | Trackbacks | Comments (34)

Bookmark and Share

DISGRACED FORMER LAWMAKER REFUSES TO GO AWAY.... The lead story on CNN's political blog right now:

Rush Limbaugh isn't the only one calling Sonia Sotomayor a racist. Newt Gingrich is, too -- and he's demanding that Obama's pick to the Supreme Court withdraw her nomination. [...]

On Wednesday, Gingrich tweeted: "Imagine a judicial nominee said 'my experience as a white man makes me better than a latina woman.' new racism is no better than old racism."

Moments later, he followed up with the message: "White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw."

I see. The disgraced former House Speaker, who hasn't served in public office for over a decade, and has no relevance or influence in the Senate at all, wants to see Judge Sotomayor withdraw. I guess the administration won't have much choice but to get right on that.

As hard as this may be to believe, White House Press Secretary Robert Gibbs encouraged the public and members of the Senate to "look at more than just the blog of a former lawmaker."

(I know, I know, Gingrich's Twitter feed isn't the same thing as Gingrich's blog. The prior features Newt's madness in smaller bursts.)

So, once again, we're back to the common question: why are Newt Gingrich's silly ideas the lead story at CNN's political site right now? And why does CNN treat his rants as political news on a nearly daily basis? Were his screeds surprising? Were his accusations of racism against Sotomayor compelling? Is there any chance at all that anyone will actually care whether Newt wants to see the nominee withdraw?

Steve Benen 2:55 PM Permalink | Trackbacks | Comments (38)

Bookmark and Share

LIZ CHENEY'S LECTURE ON THE 'RULE OF LAW'.... Liz Cheney -- who appears on national television so often, her mail is now sent directly to network green-rooms -- was on Fox News again this morning. She seems to be expanding her repertoire a bit, moving beyond attacking Obama over torture, and now attacking Obama over the judiciary.

"[Y[ou know, you're not supposed to make decisions based on how you want the law to come out -- how you want the results to come out," Liz Cheney argued. "If you're a judge or a Justice, obviously one would hope that you would be just strictly interpreting the law, and I think we've heard in a number of instances President Obama talk about, sort of, a results-oriented approach to the law, or you know, making these determinations based on your heart or your empathy. And I think that's dangerous. I think that moves us away from the rule of law."

There's quite a bit of nonsense here, most notably the fact that President Obama has never "talked about" a "results-oriented approach to the law." Cheney just wants to smear, but she's a little too lazy to worry about details like facts and accuracy.

But the more hilarious aspect of this was hearing Liz Cheney lecture the Obama administration about the rule of law. This is, of course, the same Liz Cheney who has spent months insisting that no one from the Bush administration be held accountable, in any way, for systematic illegal abuse of detainees, authorized and endorsed by officials at the highest levels.

Last week, when the issue was torture, Cheney was unfazed by the prospecting of "moving us away from the rule of law." This week, the issue is apparently "empathy," and Cheney feels justified in lecturing the administration cleaning up her father's legal mess about the concept of impartial application of the law.

That she has no idea how ridiculous this sounds only adds insult to injury.

Steve Benen 2:00 PM Permalink | Trackbacks | Comments (41)

Bookmark and Share

EMPATHY CAN CUT BOTH WAYS.... It's tempting to point to every conservative who's complained of late about President Obama, the Supreme Court, and "empathy," but it would take too long. Like a child overly attached to a blanket, this has become the talking point the right simply can't live without. (Michael Steele's "I'll give you empathy; empathize right on your behind" remains a personal favorite.)

At first blush, this seems like a political loser. Republicans seem to expect Americans to recoil at the idea of an "empathetic" judge, but the typical person, I suspect, will not see this as some kind of dreaded "code" word.

But there are two arguably more important angles to this. The first is that the right, a little too anxious to wage a "war on empathy," seems to have lost sight of what the word means. As Dahlia Lithwick recently explained, "Empathy in a judge does not mean stopping midtrial to tenderly clutch the defendant to your heart and weep. It doesn't mean reflexively giving one class of people an advantage over another because their lives are sad or difficult. When the president talks about empathy, he talks not of legal outcomes but of an intellectual and ethical process: the ability to think about the law from more than one perspective."

The second is a point Adam Serwer makes very effectively today. Conservative jurists consider empathy in application of the law all the time -- they simply feel empathetic towards a different group of people.

Conservatives want their justices to empathize with the religious, the unborn, and powerful corporate interests. Liberals want their justices to empathize with women and minorities, workers and the downtrodden.

For all the pearl-clutching horror coming from the right, the conservative legal movement has picked its plaintiffs carefully, with an eye towards catching the winds of public opinion through sympathetic plaintiffs such as Frank Ricci, the white firefighter who was denied a promotion, or Terri Schiavo's parents, Robert and Mary Schindler, who sought to keep her on life support despite her husband's claim that she expressed a desire not to be kept alive in a persistent vegetative state. Empathy is an important element of the conservative legal movement on both sides of the bench. Most recently, it's been conservatives who have been arguing for empathy for the architects and perpetrators of torture on the grounds that they broke the law ostensibly in the interest of the country, while liberals have called for rigidity in upholding laws against torture.

Excellent point. In abortion rights cases, conservative justices have expressed empathy for fetuses, hypothetical mothers, and would-be fathers. In gay rights cases, conservative justices have expressed empathy for conservative families. In cases involving public funding of private religious schools, conservative justices have expressed empathy for parents in underperforming public school districts.

In each case, the larger conservative movement didn't express outrage at the judges' willingness to break with the mechanical application of the law; they were thrilled. Empathy matters to the right, just so long as the "proper" person or group is the beneficiary.

Indeed, this comes up even in the midst of the complaints about empathy. We've heard quite a bit over the last two days about Connecticut firefighter Frank Ricci, who, despite dyslexia, worked hard to do well on a written exam established by the local fire department for a promotion. He was passed over, however, because the test results were thrown out, when officials feared the exam was discriminatory against African Americans.

The legal question was a narrow one: "[T]he only real question before the court was whether New Haven had reason to believe that if the city used the test results it would be sued under Title VII. Mr. Ricci's specific circumstances -- his race, his dyslexia, and his professional aggravation -- have no bearing on that legal question at all."

So why are conservatives so quick to point to these details? Because they want the courts and the public to feel empathy for Ricci, appreciating the details that make him feel aggrieved.

The right may not like it, but empathy cuts both ways.

Steve Benen 1:20 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share

PRONUNCIATION GUIDE.... One of the low points in the right's criticism of Obama during the presidential campaign came in October, when some conservatives started complaining about the Democrat's pronunciation of "Pakistan," with a soft "a."

The National Review's Mark Stein complained at the time that Obama prefers the "exotic pronunciation." He added, "[O]ne thing I like about Sarah Palin is the way she says 'Eye-raq'." The National Review's Kathryn Jean Lopez posted an email that argued, "[N]o one in flyover country says Pock-i-stahn. It's annoying."

Keeping this spirit alive, the National Review's Mark Krikorian argued that the proper pronunciation of Judge Sonia Sotomayor's name doesn't work for him, and he'd like to see other join him in rejecting it. Krikorian started this yesterday...

So, are we supposed to use the Spanish pronunciation, so-toe-my-OR, or the natural English pronunciation, SO-tuh-my-er, like Niedermeyer?

...and expanded on this today.

Deferring to people's own pronunciation of their names should obviously be our first inclination, but there ought to be limits. Putting the emphasis on the final syllable of Sotomayor is unnatural in English (which is why the president stopped doing it after the first time at his press conference) ... and insisting on an unnatural pronunciation is something we shouldn't be giving in to. [...]

This may seem like carping, but it's not. Part of our success in assimilation has been to leave whole areas of culture up to the individual, so that newcomers have whatever cuisine or religion or so on they want, limiting the demand for conformity to a smaller field than most other places would. But one of the areas where conformity is appropriate is how your new countrymen say your name, since that's not something the rest of us can just ignore, unlike what church you go to or what you eat for lunch. And there are basically two options -- the newcomer adapts to us, or we adapt to him. And multiculturalism means there's a lot more of the latter going on than there should be.

Remember, Krikorian wants us to know this isn't "carping"; it's just a white conservative who doesn't like pronouncing a Latina Supreme Court nominee's name the way she and her family pronounce it. To "give in" on this would be yet another blow to our collective "assimilation" efforts.

I'm going to go out on a limb here and guess that Krikorian doesn't say Scall'-ee-a or Al'-it-o, and has "adapted" just fine. That nefarious "multiculturalism" strikes again.

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (114)

Bookmark and Share

WEDNESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* Marco Rubio's (R) Senate campaign in Florida got a little help today, with endorsements from Mike Huckabee and Jeb Bush, Jr. (the former governor's son).

* Liz Cheney, who was on national television again yesterday (natch), said she's not focused on seeking elected office "right now."

* New York Gov. David Paterson's (D) re-elections chances remain pretty awful. A new Siena College poll put his favorability rating statewide at 27%.

* Rep. Jack Murtha (D-Pa.), now in his 19th term, will face a primary challenge for the first time. Former naval officer Ryan Bucchianeri, a graduate of Harvard's Kennedy School of Government, announced yesterday he will take on the incumbent.

* Florida may be one of the nation's most diverse states, but the Republican Party will run a slate of middle-aged white men in all of the major statewide races next year.

* According to a new Quinnipiac poll, Sen. Chris Dodd (D-Conn.) is still struggling in his re-election chances next year, but he seems to have turned a corner. He now trails former Rep. Rob Simmons by six (45% to 39%), after trailing by 16 points in April.

* Speaking of Dodd, Peter Schiff, a libertarian brokerage firm owner who predicted the U.S. financial meltdown, is "leaning towards" a Senate campaign in Connecticut next year.

* Rep. Anthony Weiner (D-N.Y.) announced this morning that he is not running for mayor in NYC. City Comptroller William Thompson is now the likely Democratic nominee.

* Retired professional football player Mike Minter (R) had been slated to run against Larry Kissell (D) in North Carolina next year, but yesterday, Minter took a pass on the race.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (6)

Bookmark and Share

THE LAST REFUGE OF SCOUNDRELS.... It's understandable to take at least some notice of political "firsts." Barack Obama is the first African-American president. Hillary Clinton was the first woman with a strong chance of winning the White House. Kennedy was the first Catholic president, Lieberman was the first Jewish candidate on a national ticket, etc. These are breakthrough moments in American history, and they should be a source of national pride.

To that end, there's nothing wrong with appreciating the diversity that Sonia Sotomayor would bring to the Supreme Court. She would be the first Latina justice and the third woman to ever serve on the high court. It's an encouraging development, to be sure.

But just one day after the announcement, the discussion surrounding this "first" has already veered in some insulting directions. Dana Goldstein noted this morning:

One of the clear effects of the Sotomayor nomination is that we're going to be talking -- a lot -- about affirmative action, for the first time in awhile. Of course, there is the rehearsed sense of outrage, from conservatives, that this Hispanic woman was nominated at all. So many qualified white men were available for the job! But is there any evidence that Judge Sotomayor's actual legal opinions on matters of race and gender vary from those of the white dude she would replace on the Court, David Souter? In short, no -- at least not yet.

And that, in short, should be the end of it.

Except, of course, it's not. The right wants Americans to believe Sotomayor is a "racist." George Will, using language we're going to hear a lot of over the next couple of months, insisted that Sotomayor "embraces identity politics," including the notion that "members of a particular category can be represented -- understood, empathized with -- only by persons of the same identity." Pat Buchanan, always a paragon of respect and tolerance, described her as an "affirmative action pick."

Michael Goldfarb, after scrutinizing Sotomayor's efforts as an undergrad in 1974, suggested this morning that Sotomayor "has been the recipient of preferential treatment for most of her life."

And Sen. James Inhofe (R-Okla.) believes, without proof, that Sotomayor's ability "to rule fairly without undue influence from her own personal race, gender, or political preferences" is in doubt.

It's been one day. It's only going to get worse.

Steve Benen 11:10 AM Permalink | Trackbacks | Comments (74)

Bookmark and Share

STRAW MEN.... One of the more common Republican criticisms of the president is Obama's alleged use of "straw men" arguments. Karl Rove recently wrote a column on the president's reliance on "the lazy rhetorical device of 'straw men.'" Rep. Mike Pence (R-Ind.), chairman of the House Republican Conference and House Minority Leader John Boehner (R-Ohio) have made the same complaint.

With this in mind, it was only natural that the media follow suit. The New York Times' Helene Cooper had this 1,000-word piece the other day.

Democrats often complained about President George W. Bush's frequent use of a rhetorical device as old as rhetoric itself: creating the illusion of refuting an opponent's argument by mischaracterizing it and then knocking down that mischaracterization.

There was much outrage in 2006, for example, when Mr. Bush said that when it came to battling terrorists, "I need members of Congress who understand that you can't negotiate with these folks," implying that Democrats backed talks with Al Qaeda. That assertion was promptly, and angrily, disputed by Senator John Kerry of Massachusetts.

Now that there is a new team at the White House, guess who is knocking down straw men left and right?

The right, not surprisingly, was delighted to see the piece. There was only one small problem with the article: it's wrong.

As publius explained, "The difference between Bush and Obama's arguments is fairly simple -- Bush just made stuff up, while Obama's critics are actually making the critiques that Obama attributes to them. Somewhat hilariously, Cooper herself concedes this on several of the supposed examples of Obama's 'strawman' arguments."

Exactly. If the president responds to actual arguments presented by his real-life detractors, that's not a straw-man argument; that's the opposite of a straw-man argument. Consider this example from the article:

Mr. Obama's straw men are not limited to the economy. On his maiden overseas trip, he shot down one after another in quick succession, for the benefit of students in Istanbul. "Some people say that maybe I'm being too idealistic," he said. "I made a speech in Prague about reducing and ultimately eliminating nuclear weapons, and some people said, ah, that will never happen. And some people have said, why are you discussing the Middle East when it's not going to be possible for the Israelis and the Palestinians to come together? Or why are you reaching out to the Iranians, because the U.S. and Iran can never agree on anything?"

Who would not be ready to cheer the knockdown of such pessimism after all that? "If we don't try, if we don't reach high, then we won't make any progress," Mr. Obama concluded.

To Mr. Obama's credit, several pundits, including the Washington Post columnist Anne Applebaum (who called his no-nukes speech "quixotic"), dumped cold water on the idea of getting to a nuclear-free world anytime soon. And White House officials pointed to columns in both The New York Times (William Kristol) and The Washington Times (Jeffrey Kuhner) that criticized Mr. Obama for trying engagement with Iran's leaders.

It's just a bizarre case against the president. The article accuses Obama of using straw men, and then points to examples proving the opposite.

I have no idea why articles like these get published.

Steve Benen 10:35 AM Permalink | Trackbacks | Comments (33)

Bookmark and Share

INTELLECTUAL INFRASTRUCTURE.... About 10 years ago, one of the more common concerns on the left was the advantage conservatives had on infrastructure. The right had think tanks, activist groups, talk radio, a sophisticated direct-mail program, book publishers, and news outlets. Liberals would routinely ask, "Why don't we have any of that?"

It's striking to see how the tables have turned over the decade. Now, the right wants its own MoveOn.org, a conservative Media Matters, a right-wing version of "The Daily Show," a conservative TPM enterprise, and to duplicate the success of the netroots. Just yesterday, Tucker Carlson said he wants to create a Huffington Post for the right. None other than disgraced former House Majority Leader Tom DeLay (R) acknowledged after last year's election how impressed he is with "liberal infrastructure," which he believes "dwarfs conservatism's in size, scope, and sophistication," and will be "setting and helping to impose the national agenda for the coming years."

In an odd twist, Douglas Holtz-Eakin told CQ he'd even like to see a "Center for American Progress for the right."

As John McCain's top domestic and economic policy adviser during last year's presidential campaign, Douglas Holtz-Eakin got a firsthand look at the broad problems the Republican Party now faces: a shrinking base, a narrowing appeal among different demographic groups and an inability -- in his view -- to generate fresh ideas or effectively sell the ones it has.

In the wake of another chastening set of GOP defeats at the polls, Holtz-Eakin is now setting out to address those problems head-on. He's developing a proposal for a new think tank that he describes as a "Center for American Progress for the right" -- a reference to the liberal think tank that has supplied staff and policy proposals to the Obama administration and developed new ways to market its ideas. [...]

The irony, of course, is that the Center for American Progress itself was developed as a liberal answer to the Heritage Foundation, the conservative think tank that has been a source of Republican policy ideas for decades. But Holtz-Eakin says established think tanks of the right, like Heritage and the American Enterprise Institute, were "not helpful" during the McCain campaign because they weren't politically engaged or innovative in their media strategies.

There's some value, I suppose, to conservatives rethinking their approach to the larger policy debate, beyond superficial "rebranding" efforts. But like Matt Yglesias, I think the idea of a CAP for the right is "pretty misguided."

Holtz-Eakin acknowledges there are already powerful conservative think tanks. Indeed, their existence prompted the creation of the Center for American Progress in the first place. Why create yet another think tank for the right? I suspect the answer is that leading conservatives like Holtz-Eakin have noticed that outfits like Heritage and AEI are slow, narrowly focused, hopelessly confused, wedded to outdated ideas, lacking in creativity, and fundamentally unserious about public policy.

But that's a flaw with modern conservatism, which has nothing to do with the number of think tanks the right manages to create. Holtz-Eakin seems to have noticed the problem. It's his solution that needs work.

Steve Benen 9:55 AM Permalink | Trackbacks | Comments (35)

Bookmark and Share

WASN'T LUNTZ SUPPOSED TO GO AWAY?.... We talked over the weekend about Republican pollster Frank Luntz, and his 28-page memo, "The Language of Health Care," written to help Republican lawmakers undermine health care reform efforts. In an interview with the New York Times, Luntz was asked some of his more misleading policy claims. "I'm not a policy person," Luntz replied. "I'm a language person."

And while it's obviously unsatisfying to hear Luntz argue, in effect, that he can do his job without knowing what he's talking about, Jay Rosen reminded me of another important angle: didn't Frank Luntz promise to move to Hollywood and stop bothering us with deceptive rhetorical strategies? This report ran exactly one month ago today.

One of politics' unlikeliest figures has come to Hollywood, looking to change his stripes.

Frank Luntz, the arch-conservative pollster known as the research hammer by which the Gingrich revolution came down hard on President Bill Clinton, wants to take over research for the entertainment industry. [...]

[T]he pollster and Fox News analyst is serious about making his play. He's bought a home in Santa Monica and is already doing survey work for Universal's marketing chief Adam Fogelson and speaking to producers about other projects.

Asked why he would give up a lucrative career in political manipulation, Luntz said, "I'm tired of selling reality. Reality sucks. It's mean. Divisive. Negative. What Hollywood offers is a chance to create a new reality, in two hours time." He added, "I don't like what politics has become.... I don't want to create a 30-second spot that makes people feel like s---."

A few weeks later, Luntz, hired by a client he refuses to identify, released an extensive strategy memo, encouraging Republicans to kill the best chance Americans have had at health care reform in decades, relying on little more than fear and deception.

Any chance Luntz can be encouraged to go back to Hollywood and leave the political world alone?

What's more, I'd be remiss if I passed up the easy joke here. Luntz is "tired of selling reality." Frank, I've read your "Language of Health Care" memo -- and you're still not selling reality.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (10)

Bookmark and Share

HEALTH CARE VS. HEALTH SCARE.... As the debate over health care reform progresses, it was inevitable we'd see some pretty deceptive advertising from the right. But what they've come up with so far tells us quite a bit -- some conservatives, left with no credible options, are just making up nonsense.

There's a project, for example, called "Patients United Now," organized by the same outfit that sponsored Sam "Joe the Plumber" Wurzelbacher's anti-EFCA efforts. The group, Americans for Prosperity, has a new television ad featuring a Canadian woman who said she came to the United States to be treated for brain cancer, because in Canada, she would have had to wait six months to see a specialist, a delay that would have killed her.

To hear the woman tell it, Canada's system is a dystopian nightmare, in which the government forces taxpayers to "wait a year for vital surgeries," and bureaucrats restrict access to medicine and treatments. She concludes by telling the viewer, "Now Washington wants to bring Canadian-style healthcare to the U.S., but government should never come in between your family and your doctor." She encourages Americans, "Don't give up your rights."

Now, I can't speak to the woman's claims about her personal medical experiences; they may very well be true. But as Jonathan Cohn explained, the message of the ad is completely wrong.

For those who'd like a review: Canadian health care has strengths and weaknesses. The strengths include superb primary care, administrative simplicity, and the kind of cradle-to-grave financial security virtually no Americans enjoy now. The weaknesses include some long waits for specialty care -- although statistics suggest Canadians are not, on the whole, ending up in worse health than Americans because of them.

The real lie here, though, is in ad's broader implication: That, by reforming health care, "Washington" (a.k.a. President Obama and his allies) would import "Canadian-style healthcare" and, as a result, deny people life-saving treatment. This is demonstrably false.

Remember, Canada has a single-payer plan -- one in which the government insures everybody directly, with virtually no role for private insurance. No politician with serious influence is talking about creating such a plan here (even though, for the record, I think such a plan could work pretty well if designed properly).... Reformed health care in the U.S. would, in all likelihood, look more like what you find in France, the Netherlands, or Switzerland. These countries don't have problems with chronic waiting times. In fact, access to some services -- particularly primary and emergency care -- is easier and quicker than it is in the U.S. But these countries also make sure everybody has insurance coverage -- and generous coverage at that.

This is consistent with the larger trend. Blue Cross Blue Shield of North Carolina is launching a campaign in opposition to reform, and the message is wildly misleading. Rick Scott's Conservatives for Patients' Rights have ads up, and they're no better.

There's got to be a better way to have this debate.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (35)

Bookmark and Share

OFF ON THE RIGHT FOOT.... I can appreciate the importance of getting a political push started effectively, especially when it comes to taking on a Supreme Court nominee. If a jurist is seen from the outset as qualified, intelligent, experienced, and part of the ideological mainstream, it's extremely difficult to change those perceptions after they've taken root.

It's why, nearly 24 hours after learning of Judge Sonia Sotomayor's nomination, conservative activists have reason to feel discouraged. They put together a strategy, but the right seems to have come up with little more than some out-of-context quotes. In a Senate with a 59-seat Democratic majority, this won't do.

We've heard a lot about Sotomayor saying that appeals courts are "where policy is made," but this is easily debunked as a controversy. The right was also excited yesterday about this 2001 quote: "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn't lived that life." But, again, there's even less here than meets the eye.

The right wants us to believe Sotomayor has been reversed repeatedly by the Supreme Court, but this doesn't stand up well to scrutiny. Some conservatives think the judge is "soft" on "corruption," but this is easily dismissed nonsense.

Dahlia Lithwick recommends the right approach this from an entirely different angle.

Instead of wading into a bruising identity politics war they cannot possibly win, conservatives -- even the angriest conservatives -- should wade into Sotomayor's vast legal writings. There are hundreds of cases for them to read and parse and quote out of context. Let's have this confirmation battle on the merits, rather than in the sinkhole of unfounded character attacks. The real problem for Sotomayor's opponents is that anyone who has closely read her opinions won't find much to build a case on. As the indefatigable team at SCOTUSblog has chronicled here and here, on the appeals court, Judge Sotomayor has taken a fairly moderate, text-based approach to the cases before her, placing her much closer to retiring Justice David Souter than to the late Justice William Brennan on the judicial activism spectrum.

She has been overturned three times at the Supreme Court, and may well be again soon. But she was also a state prosecutor, a corporate lawyer, and a Bush I appointee to the federal bench. As the White House points out in its talking points today, "In cases where Sotomayor and at least one judge appointed by a Republican president were on the three-judge panel, Sotomayor and the Republican appointee(s) agreed on the outcome 95% of the time."

What evidence does anyone anywhere have that Sotomayor has spent her career departing from the letter of the law to impose her personal preferences? Her participation in the (poorly handled) decision in the New Haven firefighters case was anything but judicial activism, much as it will be spun as symbolic of her lifelong hatred of white men. On a conference call with reporters today, a senior administration official noted that in the New Haven case, Judge Sotomayor did nothing more than apply the case law: "You can't say she's a judicial activist and then criticize her for applying 2nd Circuit precedent." Her judicial record reveals a lot more humility than hubris.

So, attacking isolated quotes, wrenched from context, is a losing gambit. Combing through Sotomayor's rulings won't get the right very far. Attacking her personally is political suicide.

What does that leave the right with? Not much, but that probably won't stop a whole lot of conservatives from throwing a whole lot of tantrums.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share
By: Hilzoy

Sotomayor: The Record

This is one of the things I love most about blogs: Barack Obama nominates Sonia Sotomayor to the Supreme Court; I, a non-lawyer, wonder what her record is like, and find the summaries in newspapers much too shallow and focussed on the politics of her appointment rather than her record; but voila! SCOTUSBlog has anticipated my every whim by running a series summarizing a whole lot of her decisions. The first one has gotten some attention, but there are more! (1, 2, 3, 4.)

They are really worth reading, especially if you are not a lawyer, since they'll give you a much richer sense of the kinds of decisions she has made than anything I've read so far in newspapers. To pick one example: you'll have a much more informed response to the idea that Judge Sotomayor will reflexively support the interests of minorities if you know about her dissent in Pappas v. Giuliani, which SCOTUSBlog summarizes as follows:

"One of her more controversial cases was Pappas v. Giuliani, 290 F.3d 143 (2d Cir. 2002), involving an employee of the New York City Police Department who was terminated from his desk job because, when he received mailings requesting that he make charitable contributions, he responded by mailing back racist and bigoted materials. On appeal, the panel majority held that the NYPD could terminate Pappas for his behavior without violating his First Amendment right to free speech. Sotomayor dissented from the majority's decision to award summary judgment to the police department. She acknowledged that the speech was "patently offensive, hateful, and insulting," but cautioned the majority against "gloss[ing] over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives just because it is confronted with speech it does not like." In her view, Supreme Court precedent required the court to consider not only the NYPD's mission and community relations but also that Pappas was neither a policymaker nor a cop on the beat. Moreover, Pappas's speech was anonymous, "occur[ring] away from the office on [his] own time." She expressed sympathy for the NYPD's "concerns about race relations in the community," which she described as "especially poignant," but at the same time emphasized that the NYPD had substantially contributed to the problem by disclosing the results of its investigation into the racist mailings to the public. In the end, she concluded, the NYPD's race relations concerns "are so removed from the effective functioning of the public employer that they cannot prevail over the free speech rights of the public employee.""

It's worth noting that the speech in question is genuinely offensive:

"The fliers asserted white supremacy, ridiculed black people and their culture, warned against the "Negro wolf... destroying American civilization with rape, robbery, and murder," and declaimed against "how the Jews control the TV networks and why they should be in the hands of the American public and not the Jews."

If you read Sotomayor's actual dissent, she makes very good points. While I am not qualified to say whether it's a valid legal argument, it is a subtler and (to my mind) deeper take on the relevant issues than that in the majority opinion. The justification for firing Pappas was the damage it would do to the NYPD's mission if it were known that one of their employees was mailing such racist screeds. Sotomayor notes, correctly, that this is often a good reason for firing someone: if, for instance, a beat cop held such views, one might legitimately worry about how he might treat any African-Americans or Jews he happened to encounter.

But Pappas was not a cop on the beat, a police commissioner, etc. He worked on the NYPD's computer systems. Moreover, he mailed the offensive literature anonymously, on his own time, and it took a police investigation, involving sending more charitable appeals out in special coded envelopes, to show that he had sent it. But besides making those points, Sotomayor also said this:

"The majority's core concern seems to be that, even though Pappas was a low-level employee with no public contact who was speaking privately and anonymously, the possibility remained that the news would get "out into the world" that the NYPD was employing a racist. I agree this is a significant issue, and I do not take it lightly. (...)

This case differs from others we have confronted in a critical respect. In the typical public employee speech case where negative publicity is at issue, the government has reacted to speech which others have publicized in an effort to diffuse some potential disruption. In this case, whatever disruption occurred was the result of the police department's decision to publicize the results of its investigation, which revealed the source of the anonymous mailings. It was, apparently, the NYPD itself that disclosed this information to the media and the public. Thus it is not empty rhetoric when Pappas argues that he was terminated because of his opinions. Ante, at 147-48. The majority's decision allows a government employer to launch an investigation, ferret out an employee's views anonymously expressed away from the workplace and unrelated to the employee's job, bring the speech to the attention of the media and the community, hold a public disciplinary hearing, and then terminate the employee because, at that point, the government "reasonably believed that the speech would potentially... disrupt the government's activities." Heil v. Santoro, 147 F.3d 103, 109 (2d Cir.1998). This is a perversion of our "reasonable belief" standard, and does not give due respect to the First Amendment interests at stake."

Or, in short: the NYPD claims it has to fire Pappas because if word got out that they employed someone with his beliefs, that would hurt their ability to do their job. But they were the ones who first investigated these anonymous mailings, figured out who had sent them, and then publicized the fact that it was an NYPD employee. That makes it hard to argue that it was Pappas' mailing offensive stuff that harmed the NYPD: but for the NYPD's own actions, that harm would never have occurred. (It reminds me of someone I used to work with: when our college reached decisions he didn't like, he used to foment huge pseudo-controversies about them and then say: we can't go ahead with this; it's just too controversial!)

This is a really good point. As I said, I'm not competent to say whether it is or is not the best reading of the Pickering test, but I do think it's a subtler analysis than the majority's, and one that takes the First Amendment issues more seriously, and engages more seriously with the underlying rationale behind curtailing them. More to the point, however, knowing that in a case like this, where political correctness was plainly on the side of the majority, Justice Sotomayor was in dissent. And whether she was right or wrong, this case is worth knowing about, given how often we're likely to hear that she is all about identity politics at the expense of the rule of law.

And that's just one example. The whole series is worth reading.

Hilzoy 12:33 AM Permalink | Trackbacks | Comments (21)

Bookmark and Share
 
May 26, 2009

TUESDAY'S MINI-REPORT.... Today's edition of quick hits:

* Undeterred by yesterday's international condemnations, North Korea "reportedly fired two more short-range missiles into waters off its east coast" earlier today.

* Exceeding all expectations, consumer confidence numbers soared over the last month. This, in turn, helped rally Wall Street.

* In more discouraging economic news, American home values are still awful.

* Two more New Yorkers have died of the H1N1 virus.

* Senate Majority Leader Harry Reid seems to be, slowly but surely, coming around to a more sensible approach on Gitmo detainees.

* President Obama today praised Judge Sonia Sotomayor for having "great empathy." Wait, did I say Obama and Sotomayor? Actually, that was George H.W. Bush's quote, when he introduced Clarence Thomas.

* If Sen. Orrin Hatch (R-Utah) is offended by something Sotomayor wrote in 1996, why did he vote for her nomination in 1998?

* I really doubt Sen. Olympia Snowe (R-Maine) will support a Sotomayor filibuster.

* Obama will stop in Riyadh on June 3, discussing Middle East peace with Saudi King Abdullah.

* Yesterday, Obama maintained the presidential tradition of having a wreath placed at a Confederate monument at Arlington National Cemetery, but started a new tradition by also sending a wreath to the African American Civil War Memorial.

* Norm Coleman is under the mistaken impression that his opinion on the Sotomayor nomination is important.

* Whether Robert Samuelson likes it or not, there is no Social Security crisis.

* Tucker Carlson thinks he can create a credible rival to the Huffington Post. What could possibly go wrong?

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (34)

Bookmark and Share

INHOFE'S STANDARDS.... A whole lot of senators issued statements today in response to Judge Sonia Sotomayor's Supreme Court nomination, and most were polite and inconsequential. Sen. James Inhofe's (R-Okla.) press release, however, stood out.

"Without doubt, Judge Sotomayor's personal life story is truly inspiring. I congratulate her on being nominated. As the U.S. Senate begins the confirmation process, I look forward to looking closer at her recent rulings and her judicial philosophy.

"Of primary concern to me is whether or not Judge Sotomayor follows the proper role of judges and refrains from legislating from the bench. Some of her recent comments on this matter have given me cause for great concern. In the months ahead, it will be important for those of us in the U.S. Senate to weigh her qualifications and character as well as her ability to rule fairly without undue influence from her own personal race, gender, or political preferences." [emphasis added]

Melinda Warner asked, "What does that even mean?" I've been wondering the same thing.

Inhofe, who no one has ever accused of being the sharpest tool in the shed, could have easily just made veiled references to Sotomayor's ideology, and wrapped it up by hinting at his inevitable opposition to her nomination. But the Oklahoma Republican just had to go the extra mile here, and introduce race and gender into the equation.

Chances are, from Inhofe's perspective, he wouldn't want a Supreme Court justice who allowed one's personal background to interfere with their legal judgment. But that's not what he said -- and it's certainly not a standard he's laid out for other high court nominees.

Put it this way: when was the last time James Inhofe questioned whether a white nominee for the federal bench had an ability to rule "without undue influence" from his race? Would he worry about the Vatican having "undue influence" over a Roman Catholic nominee? Has he ever checked to make sure a male nominee was not overly influenced by his gender?

The very idea, I suspect, would strike Inhofe as unnecessary, which is precisely the point. That it only occurs to him to ask this of Sotomayor, and not her contemporaries, reinforces the insulting double standard.

Steve Benen 4:35 PM Permalink | Trackbacks | Comments (79)

Bookmark and Share

ROMNEY AND HUCKABEE?.... I often wonder what the standard is for major news outlets that receive press releases from political figures who no longer hold public office. How do editors decide what constitutes actual news, when these folks issue a statement about something?

We know, for example, that Newt Gingrich's every thought is frequently considered news worthy, despite the fact that he hasn't held public office in more than a decade. Today, Mitt Romney's dissatisfaction with Judge Sotomayor's Supreme Court nomination was also deemed news.

Former Republican presidential candidate Mitt Romney issued a statement Tuesday on Sotomayor's nomination:

"The nomination of Judge Sonia Sotomayor to the Supreme Court is troubling. Her public statements make it clear she has an expansive view of the role of the judiciary. Historically, the Court is where judges interpret the Constitution and apply the law. It should never be the place 'where policy is made,' as Judge Sotomayor has said. Like any nominee, she deserves a fair and thorough hearing. What the American public deserves is a judge who will put the law above her own personal political philosophy."

This is pretty hackish, of course, but content aside, who cares what Mitt Romney thinks about a judicial nominee? He finds Sotomayor "troubling." So? There are plenty of former governors out there; Romney's thoughts on Supreme Court vacancies are as relevant as theirs are.

Around the same time, Mike Huckabee weighed in, too.

Former Republican presidential candidate Mike Huckabee issued a statement Tuesday on Sotomayor's nomination:

"The appointment of Maria Sotomayor for the Supreme Court is the clearest indication yet that President Obama's campaign promises to be a centrist and think in a bi-partisan way were mere rhetoric. Sotomayor comes from the far left and will likely leave us with something akin to the 'Extreme Court' that could mark a major shift. The notion that appellate court decisions are to be interpreted by the 'feelings' of the judge is a direct affront of the basic premise of our judicial system that is supposed to apply the law without personal emotion. If she is confirmed, then we need to take the blindfold off Lady Justice."

As a substantive matter, Huckabee's whining is blisteringly dumb. But in terms of actual news, the only thing interesting about the former governor's press release is that Huckabee, after weeks of coverage about Sotomayor and her prospective nomination, is under the impression that her first name is "Maria."

Collectively, Romney and Huckabee have no power, no influence, and no public responsibilities. So why would CNN run their silly public statements as news?

I suppose this is a lesson on why so many politicians flirt with possible presidential campaigns -- it prompts major news outlets to pay attention to your press releases. Otherwise, various rants from Romney, Huckabee, and Gingrich would -- I hope -- be easier for editors to ignore.

Steve Benen 4:05 PM Permalink | Trackbacks | Comments (23)

Bookmark and Share

STRATEGERY.... It's only been about six hours since the political world learned of Judge Sonia Sotomayor's Supreme Court nomination, but a battle-plan has been coming together since Justice Souter announced his retirement. That Sotomayor was a leading candidate from the outset means the president's Republican detractors don't have to scramble -- they've been planning for this announcement for at least four weeks.

But that doesn't mean there's a GOP consensus.

Rush Limbaugh ironically called Sotomayor a "racist," and said the shrinking Senate Republican caucus has to fight her nomination "as far as they can take it." Scott Reed, a Republican consultant and manager of Bob Dole's presidential campaign, said, "The G.O.P. has to make a stand. This is what the base and social conservatives really care about."

Some fairly high-profile Republicans are offering some very different advice.

[S]ome Republicans warned that the image of Republicans throwing a roadblock before an historic nomination could prove politically devastating.... "If Republicans make a big deal of opposing Sotomayor, we will be hurling ourselves off a cliff," said Mark McKinnon, a senior adviser to Mr. Bush and a long-time advocate of expanding the party's appeal. "Death will not be assured. But major injury will be."

Matthew Dowd, another one-time adviser to Mr. Bush, said ... barring any revelation about Ms. Sotomayor's background, Republicans could doom themselves to long-term minority status if they are perceived as preventing Ms. Sotomayor from becoming a judge. He argued that the party could not even be seen as threatening a filibuster.

"Because you'll have a bunch of white males who lead the Judiciary Committee leading the charge taking on an Hispanic women and everybody from this day forward is going to know she's totally qualified," he said. "It's a bad visual. It's bad symbolism for the Republicans."

"Republicans have to tread very lightly," he said. "They can't look they are going after her in any kind of personal or mean way. There's no way they can even threaten a filibuster; I think a threat of that sort would be a problem, even if they didn't do it."

Whether the party takes this advice seriously will depend, at least in part, on whether Republican officials believe they can get away with it. The GOP base is, predictably, throwing a fit, and is making all kinds of demands of their party.

And while this fit puts the Republican Party in an awkward position, it's also, as Kevin Drum noted, helpful for the White House's larger strategy: "The wingnut wing of the Republican Party seems hugely energized by Sotomayor's nomination and ready to go ballistic over it. This might be good for them in the short term (it's a nice fundraising opportunity, brings internal factions together, etc.), but Obama, as usual, is looking a few moves ahead and understands that a shrieking meltdown from the usual suspects will mostly help the liberal cause: the American public already thinks the conservative rump running the Republican Party is crazy, after all, and this will help cast that feeling in stone. Most normal people think empathy is a good thing, not a code word for the dictatorship of the proletariat."

Quite a conundrum for the GOP.

Steve Benen 3:40 PM Permalink | Trackbacks | Comments (21)

Bookmark and Share

ATTACKING SOTOMAYOR'S INTELLECT.... Attacking Supreme Court nominee Sonia Sotomayor for being insufficiently right-wing makes perfect sense. Attacking her intelligence is not only ridiculous, it's offensive.

Sotomayor, a lower-court nominee of both the H.W. Bush and Clinton administrations, has a background that should shield her from such nonsense: top of her class at Princeton, Yale Law School (editor of the Yale Law Journal), successful big-city prosecutor, corporate litigator, trial judge, district court judge, appeals court judge. She's earned the respect and admiration of her clerks, colleagues, and the lawyers who've argued before her. Sotomayor's intellect is not in doubt.

And yet, it's the issue some of the far-right's leading activists have decided to hang their hat on.

This morning on Fox News, Karl Rove questioned whether she was smart enough to be on the Supreme Court. "I'm not really certain how intellectually strong she would be, she has not been very strong on the second circuit," he said. Citing Rosen, Weekly Standard executive editor Fred Barnes said that Sotomayor was "not the smartest."

This is, alas, not new. Two of the guys on the National Review's crew said Sotomayor is "dumb." In a now-infamous piece, Jeffrey Rosen quoted unnamed sources arguing that the judge is "not that smart." This morning, Curt Levey, executive director of the right-wing Committee for Justice, said Harriet Miers was an "intellectual lightweight" -- and Sotomayor is like Miers.

Adam Serwer noted, "[T]he subtext of such arguments, which any person of color in the Ivy League has faced, is that people of color who accomplish anything resembling success are simply the undeserving recipients of preferential treatment. Note that this line of argument was raised against the president of the United States, and persisted among the right for some time. Isn't it a funny coincidence that all accomplished people of color are secretly dumb?"

I'd just add that if Rove, Barnes, Levey and their conservative cohorts -- a group that is in no position to question anyone's intellectual prowess -- have legitimate evidence to back up these doubts about the judge, they should present it. Otherwise, this entire line of attack is cheap and insulting.

Steve Benen 2:50 PM Permalink | Trackbacks | Comments (48)

Bookmark and Share

PETRAEUS WEIGHS IN, SUPPORTS OBAMA POLICY.... When Defense Secretary Robert Gates endorsed President Obama's policies on torture and closing the detention facility at Guantanamo Bay, Republicans were unmoved. Gates doesn't count, they said. He may have been Bush's Pentagon chief, but he's not a neocon, and he now serves at Obama's pleasure.

When Colin Powell (Bush cabinet) endorsed the same policies, Republicans were still unconvinced. Admiral Mike Mullen, the chairman of the Joint Chiefs of Staff and a Bush appointee, doesn't count, either.

Fine. How about David Petraeus?

General David Petraeus said this past weekend that President Obama's decision to close down Gitmo and end harsh interrogation techniques would benefit the United States in the broader war on terror.

In an appearance on Radio Free Europe Sunday, the man hailed by conservatives as the preeminent military figure of his generation left little room for doubt about where he stands on some of Obama's most contentious policies.

Indeed, Petraeus seemed to reject the Republican arguments altogether, embracing only those interrogation techniques "that are completely in line with the Geneva Convention." The administration's plan for Guantanamo, Petraeus added "sends an important message to the world, as does the commitment of the United States to observe the Geneva Convention when it comes to the treatment of detainees."

Sam Stein added, "The remarks appear to be the first from Petraeus since the closure of Guantanamo and Bush Administration use of enhanced interrogation techniques became hot-button partisan issues. They couldn't come at a better time for Obama."

Now, I've been critical at times of Petraeus (and Powell, for the matter), and I'm not suggesting their arguments have merit only when I agree with their conclusions.

The point is that Petraeus' position makes the Republican attacks that much less credible. In most GOP circles, there's practically a religious reverence for Petraeus, and yet he now seems to have no use for the right's single most important arguments of the day.

As a matter of policy, Obama is obviously right and his detractors are clearly wrong. But as a matter of political optics, we're now dealing with a situation in which the president's position -- the one the right thinks is dangerous, naive, and terrorist-friendly -- has been endorsed by Bush's Defense Secretary (Gates), Bush's chairman of the Joint Chiefs (Mullen), Bush's Secretary of State (Powell), and the general Bush tapped to head U.S. Central Command (Petraeus).

On the other side, we have Newt Gingrich, Dick Cheney, Rush Limbaugh, and some craven members of Congress.

Steve Benen 2:10 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share

CALIF. COURT UPHOLDS PROP. 8.... The ruling is not unexpected, and it comes with a small silver lining, but the news from the California Supreme Court this afternoon is nevertheless disappointing.

The California Supreme Court today upheld Proposition 8's ban on same-sex marriage but also ruled that gay couples who wed before the election will continue to be married under state law. [...]

Although the court split 6-1 on the constitutionality of Proposition 8, the justices were unanimous in deciding to keep intact the marriages of as many as 18,000 gay couples who exchanged vows before the election. The marriages began last June, after a 4-3 state high court ruling striking down the marriage ban last May.

In an opinion written by Chief Justice Ronald M. George, the state high court ruled today that the November initiative was not an illegal constitutional revision, as gay rights lawyers contended, nor unconstitutional because it took away an inalienable right, as Atty. Gen. Jerry Brown argued.

This is, of course, the same state Supreme Court that ruled in favor of marriage equality just last year, months before the vote on Prop. 8.

"In a sense, petitioners' and the attorney general's complaint is that it is just too easy to amend the California constitution through the initiative process. But it is not a proper function of this court to curtail that process; we are constitutionally bound to uphold it," the ruling said.

The LAT added that California voters are likely to consider the same issue next year, with another ballot measure to repeal the ban on same-sex marriage.

Steve Benen 1:30 PM Permalink | Trackbacks | Comments (34)

Bookmark and Share

RNC 'TALKING POINTS' ARE 'ACCIDENTALLY' LEAKED.... Once in a while, a "leak" is made to look like an accident. This one, for example, seems a little odd.

Whoops. The Republican National Committee (RNC) has released to the media its list of talking points on the nomination of Judge Sonia Sotomayor to the Supreme Court.

The talking points went to 500 influential Republicans who were the intended recipients. Unfortunately for the RNC, members of the media were also on the list.

With that kind of lead in, one might think the talking points are going to be pretty rough, at a minimum the kind of thing that might embarrass the RNC.

But looking over the list of talking points, it's quite tame. The word "liberal" is thrown around, and there are a few misleading claims, but in general, this is one of the mildest set of arguments the RNC has put together in a very long time.

For example, "Republicans are committed to a fair confirmation process and will reserve judgment until more is known about Judge Sotomayor's legal views, judicial record and qualifications," is one of the first points. It was soon followed by, "Republicans will avoid partisanship and knee-jerk judgments."

Do you suppose this is one of those deliberate "accidents," intended to make the party appear more responsible?

For that matter, given the tenor of the talking points, it's a reminder of what the larger Republican strategy is likely to look like -- if the party is going to mount a serious challenge to the Sotomayor nomination, it's going to rely more on surrogates and media allies to do the heavy lifting, and less on GOP elected officials.

Steve Benen 12:25 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share

TUESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* While Rep. Joe Sestak (D) is getting some grassroots (and netroots) encouragement to run against Sen. Arlen Specter in a Democratic primary next year, the Democratic Senatorial Campaign Committee and the White House will be pushing Sestak in the other direction.

* On a related note, Specter is doing quite a bit of outreach to local Democratic leaders in Pennsylvania, some of whom are less amenable than others.

* In a big setback for Republican recruiting efforts, former U.S. Attorney Tim Griffin (R) announced over the weekend that he is not running for the Senate next year in Arkansas. Griffin had been the leading challenger to take on Sen. Blanche Lincoln (D). For now, Lincoln's leading opponent is state Sen. Kim Hendren (R), best known for recently calling Chuck Schumer "that Jew."

* President Obama will be in Las Vegas later today, appearing at a fundraiser for Senate Majority Leader Harry Reid (D-Nev.).

* And speaking of Reid, a right-wing political action committee called "Our Country Deserves Better" is launching an ad blitz, attacking the Senate Majority Leader.

* Sen. Richard Burr (R-N.C.) is still vulnerable, but with no top-tier Dems running, the latest survey from Public Policy Polling shows Burr leading his remaining potential opponents by healthy margins.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (13)

Bookmark and Share

'A NEAR LOCK'.... Whether you find Mark Halperin's analysis helpful or not, it's fair to say he has a sense of what the political establishment is thinking. And this morning, Halperin described Judge Sonia Sotomayor as "a near lock," not only for confirmation, but for an easy confirmation.

Assuming nothing surfaces in Sotomayor's background that causes controversy, expect her to be seated when the court opens for its new term in October, after thorough confirmation hearings that will seem more like a lovefest than a legal firing squad. By both design and luck, Obama faces a Supreme Court-pick process that has been drained of the tension and combat that has characterized such moments in the past several decades. [...]

Obama has chosen a mainstream progressive, rather than a wild-eyed liberal. And he has chosen a rags-to-riches Hispanic woman. Her life story is inspirational -- a political consultant's dream. Since she is certain to be confirmed, there are plenty of smart conservatives who will, by midday Tuesday, have done the political cost-benefit analysis: at a time when Republicans are trying to demonstrate that their party can reach beyond rich white men, what mileage is there in doing anything but celebrating such a historic choice? [...]

[U]nless Administration background checkers failed to find what they needed to know about Sotomayor's history, those spoiling for a battle are not going to get one.

I mention this in large part because Halperin's take often reflects, if not helps dictate, the conventional wisdom among pundits and the media establishment. If he's saying this nomination is already a done deal, it makes it that much more difficult to wage an effective campaign against Sotomayor.

Greg Sargent asked this morning, "How do Republicans oppose the first potential Hispanic Supreme Court justice, given their much-vaunted outreach to Latinos in 2006 and 2008, the losses the GOP has suffered with this group given the party's immigration stands, and the party's desperate need to expand racially and demographically among such groups?"

Given Sotomayor's experience, qualifications, and personal background, the answer seems to be, "They don't."

Steve Benen 11:10 AM Permalink | Trackbacks | Comments (39)

Bookmark and Share

THE SENATE'S HISTORY WITH SOTOMAYOR.... This morning at the White House, when President Obama introduced Judge Sonia Sotomayor as his Supreme Court nominee, he noted that he'd like to see the Senate act swiftly on her nomination -- as they have "twice before."

It was a reminder that when Sotomayor sits before the Senate Judiciary Committee, and her nomination heads to the Senate floor, it won't be the first time these lawmakers have consider her qualifications for the federal bench.

In 1998, the Senate confirmed Sotomayor for the court of appeals, 67 to 29. Every Democrat voted in support -- yes, that means you too, Ben Nelson -- and as Eric Kleefeld noted this morning, seven Republican senators who are still in the chamber also voted for Sotomayor's conformation.

Robert Bennett (R-Utah)
Thad Cochran (R-Miss.)
Susan Collins (R-Maine)
Judd Gregg (R-N.H.)
Orrin Hatch (R-Utah)
Richard Lugar (R-Ind.)
Olympia Snowe (R-Maine)

Arlen Specter also voted for Sotomayor, but has since switched parties.

This isn't to say some of these senators won't balk at the prospect of elevating Sotomayor to the high court -- consistency is often in short supply with this gang -- but realistically, it seems unlikely all of them will oppose and deny Sotomayor an up-or-down vote on the Senate floor.

Steve Benen 10:45 AM Permalink | Trackbacks | Comments (12)

Bookmark and Share

ANTICIPATING ONE OF THE TALKING POINTS.... We're still about 15 minutes away from the formal introduction of Judge Sonia Sotomayor as the president's nominee for the Supreme Court, but one of the central criticisms against her in recent weeks is likely to come up again and again during the confirmation process.

There's a video of Sotomayor speaking at Duke University Law School four years ago, in which the judge said appeals courts are "where policy is made." Conservative activists and Republican senators have seized on those four words as evidence of "judicial activism." After all, they argue, "policy" shouldn't be "made" in the courts; it should come from the legislative process. To do otherwise, the theory goes, is to "legislate from the bench."

Reiterating a post from a few weeks ago, it's worth knocking this down. A.L. did a nice job explaining why the argument is misguided.

The entire video clip can be found here. The context, as Orin Kerr helpfully explains in this post, is that Sotomayor was explaining the differences between clerking at the District Court level and clerking at the Court of Appeals level. Her point, which is unquestionably true as a descriptive matter, is that judicial decision making at the Court of Appeals level is more about setting policy, whereas judging at the District Court level is a more about deciding individual cases and disputes. And the reason for this is obvious. Decisions at the Court of Appeals level don't just determine the fates of individual litigants; they serve as controlling precedent for all District Court judges within that circuit. Thus any decision by a Court of Appeals becomes the policy of that circuit, at least until it's overruled by the Supreme Court (which is rare).

There is nothing remotely controversial about this. Cases get appealed to the Circuit Court level for one reason: because the answer to the question being litigated is not clear.... But in Simplistic Republican World, none of this actually happens. Good conservative judges don't "make policy," they simply enforce the law. The law is apparently always clear. Indeed it's a wonder that lawyers even bother to appeal cases in the Fourth Circuit. After all, they should know that the conservative jurists in that circuit will simply "enforce the law" (because they wouldn't dream of "making policy"), so the outcome should be very predictable.

Sotomayor will no doubt face all kinds of criticisms, and some may be more persuasive than others. This one is just silly.

Steve Benen 10:00 AM Permalink | Trackbacks | Comments (11)

Bookmark and Share

MEET THE NOMINEE.... Judge Sonia Sotomayor's Supreme Court nomination is not a surprise. She has long been considered a frontrunner for the vacancy -- George Stephanopoulos predicted Sotomayor's nomination back in March, before Souter's retirement.

And while much of the focus will be on Sotomayor's gender and ethnicity -- if confirmed, she will be the high court's first Hispanic justice -- she's had a pretty remarkable career. This NYT piece from a couple of weeks ago notes the judge's role in ending the 1995 major league baseball strike, but also notes a fascinating personal background.

[H]er potential appeal to President Obama as a nominee to the Supreme Court also derives in part from her personal story, a version of the up-from-modest-circumstances tales that have long been used to build political support. Judge Sotomayor, 54, grew up in a Bronx housing project, a child of Puerto Rican parents. She would be the court's first Hispanic justice.

Her father died when she was 9, leaving her mother to raise her and a brother. In speeches to Latino groups over the years, Judge Sotomayor has recalled how her mother worked six days a week as a nurse to send her and her brother to Catholic school, purchased the only set of encyclopedias in the neighborhood and kept a warm pot of rice and beans on the stove every day for their friends.

She loved Nancy Drew mysteries, she once said, and yearned to be a police detective. But a doctor who diagnosed her childhood diabetes suggested that would be difficult. She traded her adoration of Nancy for an allegiance to Perry -- she became a fan of Perry Mason on television, she said, and decided to become a lawyer.

She went to Princeton, which she has described as a life-changing experience. When she arrived on campus from the Bronx, she said it was like "a visitor landing in an alien country." She never raised her hand in her first year there. "I was too embarrassed and too intimidated to ask questions," Judge Sotomayor said.

In one speech, she sounded some themes similar to Mr. Obama's description of his social uncertainties as a biracial youth in a largely white society.

"I have spent my years since Princeton, while at law school and in my various professional jobs, not feeling completely a part of the worlds I inhabit," she said, adding that that despite her accomplishments, "I am always looking over my shoulder wondering if I measure up."

After graduating summa cum laude from Princeton, she went to Yale Law School, worked for Robert M. Morgenthau in the Manhattan District Attorney's Office and spent time in private practice before being named to the bench.

H.W. Bush nominated her for the district court in 1992 (she'd been recommended by Daniel Patrick Moynihan), and Clinton nominated her for the appeals court bench five years later. Senate Republicans, as is their habit, held up Sotomayor's nomination for more than a year, "because they believed that as a Hispanic appellate judge she would be a formidable candidate for the Supreme Court."

This month, as it appeared increasingly likely that Sotomayor would be Obama's nominee, the judge has been the target of a whisper campaign, and many leading far-right activists -- including Limbaugh and Fox News personalities -- started the offensive against her weeks ago.

For what it's worth, Sen. Orrin Hatch (R-Utah) said earlier this month that Sotomayor would face stiff GOP opposition if she were nominated for the high court. Since that would be true of any Obama nominee, it hardly matters.

Steve Benen 9:15 AM Permalink | Trackbacks | Comments (32)

Bookmark and Share

SOTOMAYOR.... It's possible that all of the major news outlets are all making the same mistake at the same time, but as of this minute, it looks like Sonia Sotomayor will be President Obama's nominee for the Supreme Court.

President Obama will nominate Judge Sonia Sotomayor of the United States Court of Appeals for the Second Circuit as his first appointment to the court, officials said Tuesday, and has scheduled an announcement for 10:15 a.m. at the White House.

If confirmed by the Democratic-controlled Senate, Judge Sotomayor, 54, would replace Justice David H. Souter to become the second woman on the court and only the third female justice in the history of the Supreme Court. She also would be the first Hispanic justice to serve on the Supreme Court.

CNN, NBC, the Washington Post, and the AP are all reporting the same thing.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (29)

Bookmark and Share

SHARING A BURDEN.... Appearing on Fox News over the weekend, Sen. Ben Nelson of Nebraska, made a comment about where Gitmo detainees can and should go.

"I think they need to be kept elsewhere, wherever that is. I don't want to see them come on American soil."

Now, we already know the various problems with Nelson's assumptions (there are already terrorists in U.S. maximum-security facilities, for example). But I was struck by the notion that detainees should be locked up outside the country, "wherever that is." Nelson doesn't have any idea; he just knows where the detainees shouldn't go (i.e., here).

Some U.S. allies may be willing to give us a hand. Just yesterday, Italian Premier Silvio Berlusconi told CNN that Italy is prepared to help by accepting an unspecified number of Gitmo detainees. "If we can do this favor for the American people and the U.S. government, we will certainly do it," he said.

That's no doubt welcome news to the administration, but our allies' generosity is not without limits.

Diplomatic sources said [last week] that any ban on resettling detainees in the United States would probably undermine the State Department's efforts to get European countries to accept those cleared for release. European officials have told their American counterparts that they are unwilling to assume a burden that the United States will not share.

And that's hardly an unreasonable position to take. Lawmakers like Nelson seem to think U.S. officials can go to our allies and say, "These guys are just too dangerous for us. Do you mind taking them off our hands? Let's make a deal. We'll take zero. How many will you take?"

We may be able to receive some assistance from international allies, but if Congress insists that no U.S. detainee step foot on American soil, our outreach efforts will fail.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

A LIBERAL SCALIA IS UNLIKELY.... The last two presidents each got to fill two Supreme Court vacancies, but each approached the process from different directions. Clinton wanted to avoid a bitter fight with Republicans, so he picked jurists who were part of the center-left mainstream, but who were hardly strident ideologues.

Bush didn't much care about whether senators balked. His goal -- the Miers debacle notwithstanding -- was to pick young, rigid conservatives, who could be counted on to deliver consistently for the right for decades to come. His party was in the majority, and the threat of a filibuster didn't faze him.

If recent reports are accurate, President Obama seems to prefer the Clinton approach.

Pamela S. Karlan is a champion of gay rights, criminal defendants' rights and voting rights. She is considered brilliant, outspoken and, in her own words, "sort of snarky." To liberal supporters, she is an Antonin Scalia for the left.

But Ms. Karlan does not expect President Obama to appoint her to succeed Justice David H. Souter, who is retiring. "Would I like to be on the Supreme Court?" she asked in graduation remarks a couple of weeks ago at Stanford Law School, where she teaches. "You bet I would. But not enough to have trimmed my sails for half a lifetime."

While there are clear political advantages to Mr. Obama if the perception is that he has avoided an ideological choice, Ms. Karlan's absence from his list of finalists has frustrated part of the president's base, which hungers for a full-throated, unapologetic liberal torchbearer to counter conservatives like Justice Scalia.

It has been more than 40 years since a Democratic president appointed someone who truly excited the left, but Mr. Obama appears to be following President Bill Clinton's lead in choosing someone with more moderate sensibilities.

Those hoping for a liberal Scalia -- and I include myself in this group -- should adjust expectations accordingly. Obama isn't going to nominate a conservative, but by all appearances, the appropriate label will be more "center-left" and less "liberal."

And that is, in all likelihood, part of the point of an article like this one in the NYT. The White House has been pretty tight-lipped about the search process, but it dished to the Times, probably as part of the larger strategy of shaping perceptions in advance. The signal is obvious -- Obama's pick isn't one of those wild-eyed liberals; she's entirely mainstream. As Scott Lemieux noted, "I do suspect ... that there's at least some political positioning going on here, emphasizing the moderation of even pretty liberal picks."

And who's on the shortlist? "The president has narrowed his list to four, according to people close to the White House -- two federal appeals judges, Sonia Sotomayor of New York and Diane P. Wood of Chicago, and two members of his administration, Solicitor General Elena Kagan and Homeland Security Secretary Janet Napolitano."

The announcement could come as early as today.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share

CAN WASHINGTON JUMPSTART ENTREPRENEURSHIP?.... When the economic recovery finally comes (and it will soon, we hope) will it be a jobs-producing, income-boosting boom like the 1990s, or a relative dud like the Bush years? The answer will largely come down to the state of small business, source of nearly all net job growth in the U.S. economy for decades.

So what can Washington do now to open up new opportunities for America's cutting-edge entrepreneurs? We take on this vital -- and largely unasked -- question in a special report in the latest issue of the Washington Monthly. We think you'll find our answers illuminating and surprising.

Investor and blogger Paul Kedrosky explains that Lincoln and FDR both took advantage of crises to create new economic platforms on which entrepreneurs could generate growth, and Obama has the opportunity to do likewise.

MIT economist Jonathan Gruber argues than universal health care, if done right, could be a boon to entrepreneurship.

Washington Monthly editor Mariah Blake reports that creating a so-called "smart grid" could yield not only vast energy efficiency gains but a new wave of high-tech ventures -- if Washington gets the regulations right.

Wired magazine senior editor Nicholas Thompson warns that America is falling behind in the global race to provide high-speed broadband, but that we can regain our momentum -- and economic edge -- if Washington chooses wisely.

New America Foundation fellow T.A. Frank bemoans the fact that the U.S. educates brilliant students from around the world, then sends them home to work for our competitors.

Finally, in Paul Glastris' Editors Note, the Monthly's editor-in-chief wonders how different the world might be today if the trillions of dollars that the Bush administration helped direct into real estate and its attendant Wall Street exotica had instead been invested in the new platforms for entrepreneurs that technologists were talking about eight years ago? It's a depressing thought, but it's not too late for America to reach the next stage of capitalism that can benefit us all.

Steve Benen 6:00 AM Permalink | Trackbacks | Comments (11)

Bookmark and Share
 
May 25, 2009
By: Hilzoy

Memorial Day

To all those who died in combat operations -- the 4300 reported dead in Iraq, the 687 reported dead in Afghanistan, those who killed themselves during or because of their service, or whose deaths are in some other way attributable to their service in combat: we honor you, and we will not forget.

Every Memorial Day (and not only then), I try to remind myself of what it means that people who serve in the military are willing to fight and die when our civilian leaders ask them to, whether they agree with those leaders or not. That's a stunning act of faith in American democracy. In return, we owe everyone who serves the effort to be the best citizens we can be, and to elect the people who are most likely to exercise good judgment about whether and when to ask them to risk their lives.

(We also owe that to the citizens of other countries whom someone might think of invading, and to ourselves, but those are obligations to recall on a different day.)

Hilzoy 10:21 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

MEMORIAL DAY MINI-REPORT.... Today's edition of quick hits:

* The U.N. Security Council began meeting this afternoon to explore options in response to North Korea's nuclear test.

* H1N1 claims its 12th U.S. victim, this time in Chicago. According to an AP report, the CDC has documented more than 6,700 cases in the U.S., most of them mild.

* Colin Powell -- the one Republican conservatives seem most anxious to drive out of the GOP -- remains a popular national figure. Dick Cheney and Rush Limbaugh aren't.

* It didn't generate a lot of attention on Friday, but President Obama signed into a law a measure on military procurement that's likely to save taxpayers a lot of money.

* Charles Bolden, a retired Marine general and former space shuttle pilot, has been nominated as the next NASA administrator. He'll be NASA's first African-American chief.

* Roh Moo-hyun, a former president of South Korea, committed suicide over the weekend, jumping off a cliff. Roh had been mired in a corruption scandal.

* Some Dem senators see some signs of progress in Afghanistan.

* Hillary Clinton surprised Yale grads today at their commencement.

* Sam Schulman's case against gay marriage in the Weekly Standard is extraordinarily unpersuasive.

* Whether he realizes it or not, Newt Gingrich is not the Speaker of the House.

* Zakaria on Iran.

* At least one conservative Republican lawmaker didn't care for the RNC's tasteless James Bond spoof/ad.

* And in 1972, a New York Times reporter and editor had the Watergate story, but didn't pursue it. The reporter left the paper to go to law school and the editor focused his attention on the 1972 Republican convention. Amazing.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share

REBUKES.... If North Korea's nuclear test was the latest in a series of cries for attention, it was something of a success. North Korea wanted the world to take notice? Mission accomplished.

As the NYT noted this afternoon, the test "drew condemnation and criticism around the world, with some governments threatening to press for tighter sanctions at a special meeting of the United Nations Security Council scheduled for later in the afternoon."

If North Korea had hoped for support from China, its largest trading partner, it was out of luck. China's Foreign Ministry issued a statement explaining that it was "resolutely opposed" to the test. Russia's reaction was similar, noting that North Korea's actions "seriously destabilize the situation in Northeast Asia."

President Obama issued a condemnation in a press statement early this morning, and followed it up with public comments at the White House this afternoon, calling the nuclear test and subsequent firing of short-range missiles a "grave threat to the peace and security of the world and I strongly condemn their reckless action."

The president added that North Korea's actions are "a blatant violation of international law" and a contradiction of the country's "own prior commitments." Obama concluded, "North Korea will not find security and respect through threats and illegal weapons."

As for what North Korea hopes to achieve, if recent history is any guide, the goal is to get some semblance of international stature, which Kim Jung Il believes is the byproduct of being a "nuclear power." Today's test, like April's missile launch, is supposed to a) get major powers to take North Korea seriously; and b) give the country leverage in future negotiations.

That is, of course, a fairly narrow agenda, and in the realm of international diplomacy, it sounds a bit like a child playing with some very dangerous toys. As dday put it, "The North Koreans historically have sought headlines rather than peace or stability. They are the screaming baby in the corner demanding attention. It's unclear what they want after that attention is paid."

Steve Benen 2:15 PM Permalink | Trackbacks | Comments (31)

Bookmark and Share

MONDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* Sen. Chris Dodd's (D-Conn.) re-election chances are in doubt, but President Obama seems anxious to give him a hand.

* Florida Gov. Charlie Crist (R) was asked late last week whether he'd be "proud" to campaign with Dick Cheney. "Would I be proud? Nobody's offering," Crist said. "Let's see. I don't want to deal in hypotheticals." He added, however, that he believes Cheney "did a great job for President Bush."

* Former Pennsylvania Gov. Tom Ridge (R), who recently announced he isn't running for the Senate, said yesterday he's not prepared to endorse former Rep. Pat Toomey, currently the leading GOP candidate.

* Sen. Dianne Feinstein (D-Calif.) now says it's "very unlikely" she'll run for governor in 2010. She added that she's tired of being asked.

* In Oklahoma, former Rep. J.C. Watts (R-Okla.) seemed to be inching towards a gubernatorial campaign next year, but has instead decided to skip the race, citing "business and contractual obligations."

* And in 2012 news, in case Mississippi Gov. Haley Barbour's (R) upcoming visit to Iowa wasn't explicit enough, Barbour will also make a stop in New Hampshire on June 24.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (14)

Bookmark and Share

ANOTHER ONE?.... Let's see, Liz Cheney practically lives on cable news. She also lies routinely, accuses the president of helping terrorists, and is so mindless in her attacks on the nation's elected leadership, she's something of a national embarrassment.

And for Republican recruiters, apparently she's perfect.

The hottest Republican property out there isn't former Vice President Dick Cheney but his daughter Liz, who has taken to the airwaves to defend her dad and the whole Bush administration on national security and Guantánamo Bay issues. Liz Cheney, who followed the former veep's hard-hitting speech criticizing President Obama's policies with a CNN appearance, is becoming so popular in conservative circles that some want her to run for office. "She's awesome. Everyone wants her to run," said a close friend.

But others say that she is unlikely to run for office now because she is raising five young children, helping to write her father's book, and working on other major conservative projects. "She's a chip off the block!" said a longtime friend.

A forceful defender of the administration and her dad, Liz Cheney has been appearing on TV with greater regularity. She brings to the screen a combination of her dad's steely focus and her mom's softer touch. "It's a two-fer. She comes off a bit better than he does sometimes," a conservative consultant said.

The U.S. News report envisions a plan in which she sets up shop at a right-wing think, where she could "build a base of support." From there, the next time there's a Republican president, the younger Cheney "could take the policy under secretary's position in a Republican administration when her children are older."

I can't help but find all of this rather ridiculous. For one thing, Liz Cheney's penchant for dishonesty rivals that of her father's. For another, the "Cheney" name is not exactly a strong political "brand" right now.

"Everyone wants her to run"? Who are these people?

Steve Benen 11:10 AM Permalink | Trackbacks | Comments (63)

Bookmark and Share

QUITE A FEW GITMO ENDORSEMENTS.... Colin Powell offered some subtle criticism yesterday of President Obama's handling of the detention facility at Guantanamo Bay, arguing the White House should have articulated a more detailed plan for the detainees before starting the process. But Powell's general take (pdf) was a rather forceful endorsement of the president's general approach on the issue.

"I felt Guantanamo should be closed for the past six years, and I lobbied and presented reasons to President Bush. And Mr. Cheney is not only disagreeing with President Obama's policy. He's disagreeing with President Bush's policy. President Bush stated repeatedly to international audiences and to the country that he wanted to close Guantanamo. [...]

"Guantanamo has caused us a great deal of trouble throughout the world. And Mr. Cheney the other day said, 'Well, we're doing it to satisfy European intellectuals' or something like that. No. We're doing it to reassure Europeans, Muslims, Arabs, all the people around the world that we are a nation of law. [...]

"This business about making the country less safe by bringing these people to our prison system, we have got two million people in jail in America. The highest incarceration rate in the world. And they all had lawyers. They had all had access to the writ of habeas corpus and they're all in jail. And I don't know, Bob, if you've ever seen some of these prison reality shows on television where they show you what a super lock-up is. I'm not terribly about worried one of these guys going to a super lock-up."

Hearing this, it occurred to me that the list of leading Republican officials -- or officials appointed by a Republican president -- who support shutting down the Gitmo facility includes quite a few names. Bush's Secretary of State (Powell), Bush's Defense Secretary (Robert Gates), Bush's chairman of the Joint Chiefs (Mullen), even Bush himself, all believe the nation's security interests would be well served by shutting down the detention facility.

Now, that doesn't necessarily translate into merit. It's a lazy argument to say, "Group A believes this is a good policy, therefore the policy is worthwhile." Obviously, Powell, Gates, Mullen, et al can be wrong about this.

I mention it, though, because the Republican Party has decided that this is the killer issue upon which the GOP can build a comeback. They decided quite some time ago -- even before last year's election -- that public fear and confusion were ripe for exploitation, and the party that couldn't make headway on anything of substance could turn Gitmo into demagogic gold.

It creates an odd dynamic. The one issue Republicans believe is the president's Achilles' heel is the same issue in which Obama enjoys the support of Colin Powell, Bush's Defense Secretary, and the Bush-appointed chairman of the Joint Chiefs. Collectively, they're up against Dick Cheney, Newt Gingrich, Rush Limbaugh, and craven members of Congress.

In terms of public credibility, it's a match-up that seems to favor the White House -- or at least it would, if more congressional Dems stopped being so cowardly about this.

Steve Benen 10:20 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

MAKING LIEBERMAN LOOK LOYAL BY COMPARISON.... Did you happen to catch Sen. Ben Nelson of Nebraska on Fox News yesterday?

President Obama said on Saturday that a Supreme Court nominee is coming soon, but Republicans in the Senate have spent weeks working to frame the type of judicial resume that would be unacceptable on the bench. On Sunday, the GOP got what could be a bit of a boost, as a key moderate Democrat left the door open to filibustering a possible Obama Court nominee.

Appearing on Fox News Sunday, Sen. Ben Nelson warned the president against appointing an activist judge to replace the retiring David Souter. In the process, the Nebraska Democrat acknowledged that the scenario could present itself where he joined the GOP in voting against cloture.

"I think that's the test, will they be an activist or not?" Nelson said. "And I would hope that there wouldn't be any circumstances that would be so extreme with any of the president's nominees that the other side would feel the need to filibuster or that I might feel the need to filibuster in the case of extraordinary circumstances." [emphasis added]

Nelson added that he wants to see Guantanamo detainees incarcerated in other countries ("I don't want to see them come on American soil") and said he's open to maintaining Bush-era torture policies ("What we need to do is make sure that the intelligence information that's gathered is accurate, that we do everything within our power to get good intelligence, and it may or may not consist of coming from enhanced techniques").

This comes about a week after Nelson voiced his support for a Republican filibuster of Dawn Johnsen's nomination to head the Justice Department Office of Legal Counsel -- because she has the audacity to be pro-choice -- taking a much harder line on Obama nominees than Bush nominees.

Whenever you hear talk about Dems having a "filibuster-proof majority" after Al Franken is seated, remember that Ben Nelson is one of the 60, and he'll betray his allies whenever it suits his purposes.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (37)

Bookmark and Share

NORTH KOREA'S DANGEROUS TANTRUM.... After a provocative missile test in April, North Korea was rebuked by the U.N. Security Council. The country soon after threatened a nuclear test unless the Security Council apologized for being mean to North Korea.

Two weeks ago, the country was clearly moving towards its second nuclear test in three years, and this morning, that's precisely what North Korea did.

North Korea announced on Monday that it had successfully conducted its second nuclear test, defying international warnings and dramatically raising the stakes in a global effort to persuade the recalcitrant Communist state to give up its weapons program.

The North's official news agency, KCNA, said, "The Democratic People's Republic of Korea successfully conducted one more underground nuclear test on May 25 as part of the measures to bolster up its nuclear deterrent for self-defense in every way as requested by its scientists and technicians."

The test was safely conducted "on a new higher level in terms of its explosive power and technology of its control," the agency said. "The results of the test helped satisfactorily settle the scientific and technological problems arising in further increasing the power of nuclear weapons and steadily developing nuclear technology." [...]

Hours after the test was reported, South Korea's Yonhap news agency, quoting an unidentified intelligence source in Seoul, said the North had test-fired two more short-range, surface-to-air missiles after earlier test-firing a similar projectile. The three missiles were launched towards the sea between North Korea and Japan and had a range of 80 miles, according to the news agency. They were fired from a base not far from the nuclear test site in northeast North Korea, Yonhap said.

The White House issued a statement this morning, noting that while North Korea's nuclear test isn't a surprise, the country's actions "are a matter of grave concern to all nations" and "a threat to international peace and security."

"By acting in blatant defiance of the United Nations Security Council, North Korea is directly and recklessly challenging the international community," President Obama said in the statement. "North Korea's behavior increases tensions and undermines stability in Northeast Asia. Such provocations will only serve to deepen North Korea's isolation. It will not find international acceptance unless it abandons its pursuit of weapons of mass destruction and their means of delivery."

Russia's ambassador to the U.N. indicated that the U.N. Security Council would likely hold an emergency meeting today.

Steve Benen 8:30 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share

POWELL WEIGHS IN.... Several leading Republican figures, including Dick Cheney and Rush Limbaugh, have targeted Colin Powell lately, holding Bush's former Secretary of State out as an example of what the GOP should avoid.

Yesterday, Powell responded to the criticisms, extending the prolonged discussion about the Republicans' future.

"If we don't reach out more, the party is going to be sitting on a very, very narrow base," Powell said on CBS's "Face the Nation." "You can only do two things with a base. You can sit on it and watch the world go by, or you can build on the base." [...]

Democrats won the presidency and control of both chambers of Congress, he said, with a more inclusive approach that appealed even to many traditional Republican voting blocs. A retired four-star army general who also served as chairman of the Joint Chiefs of Staff, Powell called on Republicans to "define who we are, and not just listen to the diktats that have come down from the right wing of the party."

Powell went on to argue that the efforts from Cheney and Limbaugh on ideological rigidity were a threat to Republicans, noting that the party "should be more inclusive" than it has been.

Powell added, "The Republican Party has to take a hard look at itself and decide, what kind of party are we? Are we simply moving farther to the right and by so doing simply opening up the right of center and the center to be taken over by independents and to be taken over by the Democrats?"

None of this is helpful to the GOP. Putting aside the argument over whether his reputation is deserved, Powell remains a respected public figure, held in high regard by most Americans. That he's been marginalized by unpopular Republican leaders, forcing Powell to speak out as he did yesterday, only reinforces the perception that the GOP is out of step with the mainstream.

That said, even after having been ridiculed, even though he sees a party following "the diktats" of the far-right, even though he believes the party isn't inclusive enough, and even though he sees the GOP giving up on the center, Powell nevertheless concluded, "Rush will not get his wish. And Mr. Cheney was misinformed. I am still a Republican."

He did not, however, explain why.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share
 
May 24, 2009

LUNTZ AND BEGALA.... Republican pollster Frank Luntz recently distributed a 28-page memo, "The Language of Health Care," to help Republican lawmakers undermine health care reform efforts. He talked to the NYT's Deborah Solomon this week, but wasn't exactly prepared to discuss the issue at hand.

After Luntz explained that "takeover" is "a word that grabs attention," which is why he and other Republicans "want to avoid 'a Washington takeover,'" Solomon noted the phrasing is fundamentally misleading: "What the Democrats want is for everyone to be able to choose between their old, private health-insurance plan and an all-new, public health-insurance option."

Luntz replied, "I'm not a policy person. I'm a language person."

Those are nine words that say an awful lot. Luntz's job is to help kill important legislation through rhetorical manipulation. His job is not, however, to know what he's talking about. The debate isn't about what (or who) is right; it's about what Luntz thinks he can get away with. (Asked who paid him to write the health care memo, Luntz refused to answer, saying the issue is "not relevant.")

Democratic strategist Paul Begala, to his credit, put together a pretty detailed, point-by-point response, to the Luntz memo, with some advice for Democrats about how to approach the debate.

Veteran Republican pollster Frank Luntz has circulated a memo which attempts to teach Republicans how to kill health care reform by misleading people. Because they know they cannot win the argument honestly, Republicans are resorting to mendacity. Democrats must not let them get away with it.

There is one fact that animates the Republicans' strategy. It should animate yours as well. That fact is this: the overwhelming majority of American support health care reform. In fact, Dr. Luntz himself notes that voters trust Democrats over Republicans by a whopping 20 percent on health care. If health care reform were unpopular, Republicans would not resort to misleading rhetoric to mask their opposition. The striking thing about Luntz's memo is how the rhetoric he advocates apes our message. The Republicans have three goals:

1. Co-opt our messaging; 2. Confuse voters; and 3. Kill health care reform.

Democrats should take their cue from Sen. Mitchell. Voters are not going to fall for Republican rhetoric -- as long as we don't.

Igor Volsky added, "Progressives need to answer conservative attacks by defending progressive proposals on their merits -- as Begala does -- rather than resorting to the comfortable/familiar rhetoric of 'affordable health care for all' or 'shared responsibility.' Such buzz language has doomed past reform efforts. As Haynes Johnson and David Broder argue in their analysis of President Clinton's failed health care reform effort, by relying on hollow buzz words, rather than policy specifics, the Clintons allowed the opposition to ascribe meaning to reform rhetoric. Let's hope we don't make that same mistake again."

In the meantime, GOP leaders are carefully following Luntz's script. It's prompted some to begin playing "Frank Luntz Bingo."

Steve Benen 1:25 PM Permalink | Trackbacks | Comments (31)

Bookmark and Share

'THEY DON'T POSE A THREAT'.... During the Bush/Cheney years, it was common to hear GOP officials insist that politicians should honor the national security decisions reached by military leaders. At the time, this made it easier for Republicans to oppose an end to the war in Iraq -- they could point to the brass, some of whom opposed withdrawal.

But if GOP lawmakers still believe that elected officials should take notice when military leaders make a policy pronouncement, I hope they were listening to the chairman of the Joint Chiefs of Staff this morning.

President Barack Obama's top military adviser said the Pentagon is working to meet the president's deadline of closing Guantanamo Bay by January 2010.

"I've advocated for a long time now that it needs to be closed," Joint Chiefs of Staff Chairman Adm. Mike Mullen said on "This Week" Sunday, "President Obama made a decision very early after his inauguration to do that by next January and we're all working very hard to meet that deadline."

George Stephanopoulos noted that "everybody's big concern" is that detainees "would pose a danger" if brought onto U.S. soil. Mullen conceded that closing the detention center is a "challenge," but went on to note reality: "We have terrorists in jail right now, have had for some time. They're in supermax prisons. And they don't pose a threat."

So, we have the man Bush/Cheney asked to be Defense Secretary and the man Bush/Cheney asked to be chairman of the Joint Chiefs in agreement: Obama's right about closing Gitmo and lawmakers are wrong about potential dangers.

It seems, if the situations were reversed, and Democratic lawmakers were on the opposite side of the Commander in Chief, the Republican Defense Secretary, and the chairman of the Joint Chiefs -- in the midst of two wars -- we might hear a little more talk about why Dems were at odds with the U.S. military.

Except, in this case, it's the entire Republican Party fighting the White House, the Pentagon, and the brass.

Steve Benen 12:10 PM Permalink | Trackbacks | Comments (16)

Bookmark and Share

A BURGEONING NIMBY CONSENSUS?.... This seems to be an increasingly common sentiment.

Sen. Richard Durbin (D-Ill.), the assistant majority leader, said Sunday on NBC's "Meet the Press" that he would accept Guantanamo detainees in his home state as long as they were held in super-maximum prisons, where inmates are held 23 hours a day in small cells with slits for windows.

Moderator David Gregory asked: "Would you be OK with al Qaeda prisoners -- those currently at Guantanamo Bay -- in a prison in Illinois?"

Durbin responded: "Well, I'd be OK with it in a supermax facility, because we've never had an escape from one."

Rep. Jack Murtha (D-Pa.) said the other day that if the government wants to build a supermax prison in his district, he'd be happy to have detainees sent to his area. This week, Carl Levin (D-Mich.) extended a similar offer, suggesting the construction of a new maximum-security in Michigan would help his state. (Former Michigan Gov. John Engler (R) raised the specter of a "Guantanamo North" in the U.P.)

Sen. Dianne Feinstein (D-Calif.) told reporters Wednesday, "Yes, we have maximum security prisons in California eminently capable of holding these people as well, and from which people -- trust me -- do not escape."

This seems like a sensible response for lawmakers to make when asked if they'd accept Gitmo detainees in their state/district. If there's a maximum-security facility in their state/district, and corrections officers are going to keep the bad guy locked up for 23 hours a day, and even attempted escapes are impossible, of course officials should be willing to accept these prisoners. Why wouldn't they?

That's a rhetorical question, of course, but the answer is, because some politicians have been so craven on this issue, they can have a supermax and still oppose the idea.

Perhaps it's time to introduce a new series of questions into the debate. Maybe lawmakers should be asked, "Would you be OK with convicted serial killers being held in a maximum-security prison in your state? How about rapists? Or child molesters?"

We can probably get to a point at which some cowardly politicians will oppose any dangerous criminals in their state.

Steve Benen 11:25 AM Permalink | Trackbacks | Comments (31)

Bookmark and Share

RIDGE SEEKS RESPECTFUL REPUBLICANS.... Former Pennsylvania Gov. Tom Ridge (R), who was considered for the Republicans' presidential ticket last year and was recruited to run for the Senate next year, believes the GOP has become a regional party. Appearing on CNN, Ridge offered a suggestion to help get the party back on track.

Former Homeland Security chief Tom Ridge says the Republican Party needs to be much less judgmental about disagreements within the party -- and far more judgmental about disagreements with Democrats.

Ridge -- a former Pennsylvania governor -- also says conservative radio commentator Rush Limbaugh conveys his point of view in ways that offend many people.

Ridge says Republicans should respect other people's opinions and not attack individuals -- only their ideas. He says it's important to explain in what he calls "a rational, thoughtful, responsible and reasonable way" why Republican ideas should be more acceptable to the average American.

This sounds about half-right. Ridge's advice about a party that conducts itself in a more responsible fashion is a helpful suggestion. The GOP gave up on sensible politics quite a while ago, and acting like grown-ups for a change might help the American mainstream give Republicans another look.

But even if the party took on a more respectful, adult-like tone, the GOP is still suffering from some fundamental flaws. The party's ideas, for example, don't work. Given a chance to govern, the party produced a series of disasters. Even if Republican officials were to become more rational -- a move that appears nowhere on the horizon -- it wouldn't address the fact that the party doesn't take policy matters seriously, and has precious little to offer in terms of solutions to pressing issues (their proposed solutions to the economic crisis included a five-year spending freeze and a balanced-budget amendment to the Constitution, for example).

Tactically, Ridge's point is well taken, and the GOP would be well served by a new approach to politics. It would, at a minimum, be a step in the right direction. But given the systemic problems holding the party back, it's not even close to being enough.

Steve Benen 10:30 AM Permalink | Trackbacks | Comments (28)

Bookmark and Share

BIRTHERS AND BILLBOARDS.... If the left were drawing up a script for the right to follow, which would make conservatives look hopelessly ridiculous, they might come up with something like this. (via John Cole)

The electoral system has failed to satisfy lingering questions about Barack Obama's eligibility to serve as president.

The press has failed to satisfy those questions. The courts have failed to satisfy those questions. The Congress has failed to satisfy those questions.

But the people are still asking.

That's how Joseph Farah, editor and chief executive officer of WND, explains the petition he initiated several months ago that has collected nearly 400,000 names of Americans demanding answers as to Obama's elidibility [sic] as well as the outpouring of financial support for his new campaign to erect billboards around the country asking the simple question: "Where's the birth certificate?"

In just five days, the billboard campaign has been backed by about $45,000 in donations.

Obviously, the Birthers' argument is nuts. But the fact that they're still at it, seven months after the election, is extraordinary.

For Democrats, it's extraordinarily helpful, in large part because it makes the president's detractors appear insane. Former Clinton White House press secretary Jake Siewert said a few months ago, "At some level, they're not that bad to have around because it reminds people that under the mainstream conservative press there's this bubbling up of really irrational hatred for the guy."

But that's just among those who hear about this. As DougJ noted, there's the inconvenient fact that most Americans will see a billboard that reads, "Where's the birth certificate?" and won't have the foggiest idea what that means.

That the right-wing website claims to have raised "about $45,000 in donations" is especially great for Democrats, since that means $45,000 from far-right donors that won't go to something that might actually matter.

For the left in general, it's a win-win: unhinged conservatives waste their time on a silly exercise, devoting time and money to a campaign that only makes the right look even more wacky. The DNC ought to send WND a thank-you note.

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (33)

Bookmark and Share

ROVE'S SKEWED REALITY.... In his speech on national security this week, President Obama noted that while it might be tempting to "start from scratch" when dealing with the detainees at Guantanamo Bay, that isn't an option. "We are cleaning up something that is -- quite simply -- a mess," Obama said, "a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant basis, and that consumes the time of government officials whose time should be spent on better protecting our country.

This seemed self-evidently true. There's an argument about whether the president's preferred method to clean up the mess is a good one, but that the system Bush/Cheney left in place is a legal, political, and practical morass seems uncontroversial.

Karl Rove doesn't quite see it that way.

"What's ironic to me is that yesterday he said 'this is a mess that was left to me by my predecessors.' No. This is a mess, to the extent that it is a mess, left to him by his friends and allies like Attorney General Eric Holder. Remember, there are DOJ appointees of this president who are in court arguing against the government's position on these kind of things. I mean, it is his friends and allies and in some instances, his appointees who are in court arguing for an expansion of the rights of the terrorists and arguing for an end to the military commissions."

Usually, when Rove is spouting nonsense, I can more or less figure out what he's trying to say. But this is just bizarre. It's almost as if he couldn't think of a real answer, so Rove just started making up new attacks off the top of his head.

As Satyam Khanna explained, "It's unclear what cases Rove is referring to. There has been no litigation on the military commissions since Obama took office in January. The lingering legal mess at Guantanamo, of course, was created by Bush."

What do you suppose the weather is like in Rove's reality?

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (16)

Bookmark and Share
 
May 23, 2009

VANDEVELD'S ENDORSEMENT.... One of the more contentious decisions of the Obama administration of late was the reintroduction of military commissions. The president has expanded the rights of the accused within the commissions process, but there are only so many ways to make a fundamentally suspect system look better.

In tomorrow's Washington Post, however, Lt. Col. Darrel Vandeveld offers some encouraging words about the new process, suggesting Obama is, at a minimum, on the right track.

Military commissions have a long history in the United States, not all of it commendable. (One wonders what Samuel Mudd, the physician who set John Wilkes Booth's broken leg after Lincoln's assassination and who received a life sentence from a military commission for his Hippocratic efforts, might make of the Military Commissions Act of 2006; Mudd escaped capital punishment by one vote.)

Nonetheless, the Bush-Cheney administration left President Obama with a limited number of alternatives, all of them bad, and he has made rational decisions, devoid of hysteria or false emotion. The worst aspects of the commissions appear to be on their way to correction. It is impossible to criticize or condemn the president for acting decisively and quickly to restore America's role -- always an aspiration, imperfectly realized -- as an exemplar of transparency and fairness. As someone who has risked his life on the battlefield in Iraq, I can only express support for the commander in chief as he undertakes these enormously complex -- and costly -- decisions.

Vandeveld's perspective is pretty relevant here, given his background.

When Army Lt. Col. Darrell Vandeveld began his work in May 2007 as a prosecutor at the Guantánamo Bay military commissions, the Iraq war veteran was one of the most enthusiastic and tenacious lawyers working on behalf of the Bush administration. He took on seven cases. In court hearings he dismissed claims of prisoner abuse as "embellishment" and "exaggeration." Once, when a detainee asked for legal representation only for the purpose of challenging the legitimacy of the military commissions, Vandeveld ridiculed the request as "idiotic."

So it came as a shock in mid-September when Vandeveld announced that he was resigning as a prosecutor because he had grave doubts about the integrity of the system he had so vigorously defended.

In the days following his resignation -- now testifying, remarkably, for the defense counsel in one of his own cases -- Vandeveld said that he went from being a "true believer" in the military commissions to feeling "truly deceived" about them. His deep ethical qualms hinged foremost on the fact that potentially critical evidence had been withheld from the defense by the government.

If Vandeveld believes the improvements mandated by the Obama administration are a step in the right direction, that seems like a significant endorsement -- and further evidence of the mistakes embraced by the Bush administration.

Steve Benen 3:45 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

THE ETERNAL DEBATE.... For years now, many of us have pondered the question: conservative Republicans don't actually believe their arguments, do they? Publius considers this in the context of the hopelessly bizarre debate over the closing of the detention facility at Guantanamo Bay. The right is probably lying, hoping to exploit the politics of fear, but what if conservatives have come to accept their own nonsense?

[T]here's actually one thing even more disturbing than Republican dishonesty -- the possibility that they are sincerely afraid of transferring the detainees. Some critics are clearly lying -- no argument there. But it may well be that other Republicans are sincerely worried that the detainees' evilness cannot be contained by any prison, or that they will brainwash their hapless prisonmates. [...]

[W]hat's truly disturbing is that a sizeable chunk of the public still fears that the Gitmo detainees are so dangerous that they could break out and destroy towns in America with laser beams from their eyes. Some of the detainees are, of course, very bad and dangerous people. But the idea that America is so very fragile and helpless in the face of these overpowering evil forces that we can't transfer the detainees to another prison (or give them real trials) is absurd.

So let's hope the GOP really is lying on this one.

That would be more comforting. Blatant dishonesty for partisan gain is much easier to understand than rampant stupidity among leading federal lawmakers.

It's hard to say with any certainty, and there's no doubt some variety within the group -- some liars and some fools -- but for what it's worth, there's ample evidence to support the "blatant dishonesty for partisan gain" theory. The Wall Street Journal reports today that Republicans see the debate over Gitmo as "the culmination of a carefully developed GOP strategy," which they hope to use as "the beginning of a political comeback."

The goal, apparently, was to identify a "favorable issue" on which the party could go on the offensive; "tarnish" Democratic leaders; and attack until the criticisms "begin to seem counterproductive."

Senate Minority Leader Mitch McConnell (R., Ky.) concluded more than a year ago that Mr. Obama might be vulnerable on Guantanamo -- and the unease voters would have over the prospect of transferring suspected terrorists to U.S. soil. Since April 20 he has delivered 17 floor speeches on the issue. Mr. McConnell beat back party dissent over his strategy, as some argued it was a losing battle when the president enjoyed such high poll numbers.

The attacks, in other words, are largely a cynical ploy, predicated on Republican hopes that public fear will outweigh public reason, and that most Americans won't realize how spectacularly dishonest the whole argument is.

That beats widespread stupidity, I suppose.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (56)

Bookmark and Share

AN ALTERNATIVE MOTIVATION.... So, why has Dick Cheney been so desperate to hit the airwaves as part of his crusade against the White House? Explanations differ, but his desire to sell a memoir to publishers might have at least something to do with his efforts.

With his sustained blitz of television appearances and speeches, former Vice President Dick Cheney has established himself as perhaps the leading Republican voice against President Obama.

Not a bad time, then, to be in the market for a multimillion-dollar book contract.... A person familiar with discussions Mr. Cheney has had with publishers said he was seeking more than $2 million for his advance. That sum may prove hard to get in this economic climate, especially given his generally low approval ratings, which publishers view as a potential -- but not certain -- harbinger for sales.

Reports indicate Cheney may end up with a deal with Simon & Schuster, because it's home to an imprint run by Mary Matalin, who is also publishing Karl Rove's book.

This might offer at least some hints about Cheney's recent motivations. A book written by a failed former vice president may not compel publishers to pay the big bucks, but a book written by one of the leaders of the modern Republican Party, and the GOP's leading attack dog of the nation's elected leadership, might generate a more sizable advance.

What I don't quite understand is why anyone would expect Cheney's book to be successful. After all, the former vice president has a well-deserved reputation for almost comical dishonesty. Who's going to pony up $29.95 for a book written by someone who routinely blurs the line between fact and fiction?

If Cheney were prepared to write a juicy tell-all, with fascinating behind-the-scenes insights, it might have a better shot at becoming a best seller. But it seems unlikely that the secretive former vice president would reveal anything that would make his administration look bad.

And then there's the matter of yet another Bushie writing yet another book about a period most Americans are anxious to leave in the past. For eight years, every decision Cheney made turned out to be wrong, if not completely disastrous. How many book buyers will want to relive the Bush years through Cheney's eyes?

Steve Benen 11:00 AM Permalink | Trackbacks | Comments (31)

Bookmark and Share

TASTELESSNESS GALORE.... Remember this week, when the RNC chairman vowed to attack Democrats with "class" and "dignity"? It was a vow that didn't even last a day.

She's the 69-year-old speaker of the House of Representatives, second in the line of succession and the most powerful woman in U.S. history.

But when you see Nancy Pelosi, the Republican National Committee wants you to think "Pussy Galore."

At least that's the takeaway from a video released by the committee this week -- a video that puts Pelosi side-by-side with the aforementioned villainess from the 1964 James Bond film "Goldfinger."

The RNC video, which begins with the speaker's head in the iconic spy-series gun sight, implies that Pelosi has used her feminine wiles to dodge the truth about whether or not she was briefed by the CIA on the use of waterboarding in 2002. While the P-word is never mentioned directly, in one section the speaker appears in a split screen alongside the Bond nemesis -- and the video's tagline is "Democrats Galore."

The wisdom of equating the first woman speaker of the House with a character whose first name also happens to be among the most vulgar terms for a part of the female anatomy might be debated -- if the RNC were willing to do so, which it was not. An RNC spokesperson refused repeated requests by POLITICO to explain the point of the video, or the intended connection between Pelosi and Galore.

These tactics are not, however, limited to the RNC. Right-wing talk-show host Jim Quinn has taken to calling the Speaker of the House "this bitch." Former comedian Dennis Miller was on Fox News calling Pelosi a "shrieking harridan magpie." Neal Boortz called her a "hag." Media Matters had a report on Monday noting the attacks from various far-right media personalities -- including Limbaugh, Michael Savage, and CNN's Alex Castellanos -- all of whom attacked the House Speaker, not over her remarks about the CIA, but because of their dissatisfaction with her appearance.

The Politico's report noted that these tactics are "bad politics." Ann Lewis said, "It's an attempt to demean your opponent, rather than debate them. If they're serious that this is an issue of national security, then you'd think that one would want to debate it on the merits. It's almost as if they can't help themselves."

I think it's true that, politically, the right's misogynistic attacks against Pelosi are insane. Conservatives think they have the Speaker on the run -- why overreach and begin making sexist attacks?

Ultimately, though, political strategy isn't nearly as important as basic human decency here. It's a quality the right is lacking, and this recent pathetic display against Pelosi says far more about them than it does about the Speaker.

Steve Benen 10:15 AM Permalink | Trackbacks | Comments (65)

Bookmark and Share

GROUNDHOG DAY.... On Tuesday, "The Daily Show" ran a good segment on why the right's arguments about Guantanamo Bay don't make any sense. If it seemed familiar, it's probably because the same show ran a very similar segment in January.

The problem isn't that the show is repetitious; the problem is the ridiculous debate is stuck in neutral, and the discourse is just spinning its wheels. Jon Stewart's commentary was just as applicable now as it was four months ago because the debate hasn't made any progress.

Indeed, we keep having the same arguments. The right will ask, "Is waterboarding really torture?" The rest of us will calmly explain the situation, point to the law, the science, and the history, and explain why it's torture. The right will respond, "OK, but is waterboarding really torture?" Months go by, and conservatives keep asking the same question, learning the answer, and then asking the same question again. Lather, rinse, repeat.

This week, we kept hearing that torture prevented terrorist attacks. We know there's no evidence to support that, conservatives know we know that, but the right keeps saying it anyway.

Twice in the last two weeks -- including during his speaking duel with President Obama on Thursday -- [Dick] Cheney has said that the Bush administration's approach may have saved "hundreds of thousands" of lives. [...]

[T]errorism experts said that though it is possible to envision scenarios that involve casualties of that magnitude, no evidence has emerged about the plots disrupted during the Bush administration to suggest that Cheney's claim is true.

This article appeared in the LA Times today, but it could have run a month ago. Or five months ago. Or a year ago.

Policy debates aren't supposed to work this way. One side makes a dubious claim, and their rivals respond. If the claim is debunked, the first side moves onto new claims. The right refuses to play by these rules -- they make bogus arguments, they fail, and then they repeat the exact same arguments again. It's like the entire conservative movement is suffering from a short-term memory problem. That, or they assume Americans are idiots, and repeating lies improves the likelihood we'll believe them.

Just yesterday, over the span of a few hours, we heard Republicans argue that torture prevented an attack on the Library Tower in Los Angeles; torture didn't improve terrorist recruiting; and detainees only provided information after they'd been tortured. We know all of these claims are completely wrong, but more importantly, we've known this for a very long time.

As a movie, "Groundhog Day" was occasionally difficult to watch. As a national security debate, it's just painful.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (35)

Bookmark and Share

THIS WEEK IN GOD.... First up from the God Machine this week is a story that received pretty wide play yesterday, about a certain Christian college and the decision to crack down on students who are Democrats.

Liberty University, the evangelical school in Virginia founded by the late Rev. Jerry Falwell, is drawing heat Friday for its decision to revoke recognition of the College Democrats' chapter on campus.

According to the Lynchburg News & Advance, the school decided a week ago the organization "stood against the moral principles" held by the school and therefore could no longer be sanctioned.

Maria Childress, the staff adviser to the club, told the paper the school -- which opposes abortion rights and gay marriage -- had issues with the Democratic Party platform.

Childress says she was told by Mark Hine, the vice president of student affairs, that "'You can't be a Democrat and be a Christian and be a university representative.'"

Now, Regent, an evangelical school in Virginia started by a different TV preacher (Pat Robertson), already has a chapter of the College Democrats, which enjoys university recognition. Liberty, however, formally recognized the Dems in October, only to suspend the group, for no apparent reason, eight days ago. LU's College Republican chapter remains unaffected.

Liberty is a private evangelical college and can do as it pleases, but the decision seems tough to defend. If the school wanted to restrict students from organizing a Democratic student organization, it shouldn't have recognized the student group eight months ago.

But for me, the most interesting part of this is the fact that there are students at Falwell's Liberty University who are Democrats. In fact, they're so enthusiastic about their support for the party, they want an active chapter of the College Democrats on campus. At the group's first meeting, more than 50 students showed up.

This, again, speaks to key shifts among younger evangelicals. For Falwell's generation and these students' parents, to be politically active was to be a conservative Republican. To care about "moral issues" was to focus exclusively on gays and abortion. All of that's changing, slowly but surely, and the GOP lock on evangelicals is loosening.

Also from the God Machine this week:

* Giavonni Maria Vian, editor-in-chief of L'Osservatore Romano, the official Vatican newspaper, does not believe that President Obama is a threat to Roman Catholic values. In a seeming rebuke to those who protested the president's address at Notre Dame last week, Vain praised Obama's appearance, adding, "Obama is not a pro-abortion president." I assume that Bill Donohue and others like him will now attack the Vatican's newspaper for being anti-Catholic.

* A 2,600-page report was released this week in Dublin, documenting horrific sexual, emotional, and psychological abuse of boys and girls in Irish orphanages and reform schools run by the Roman Catholic Church from the 1930s to 1990s. The report from the Commission to Inquire Into Child Abuse, based on a nine-year investigation, pointed to sadistic treatment of tens of thousands of Irish children, which state and church leaders preferred to ignore.

* And in Ohio this summer, Alysa Stanton will break new ground, becoming the first African-American woman ever to be ordained as a rabbi and the first African-American rabbi to lead a majority white congregation.

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share

RIGHT MOVIE, WRONG LESSON.... Over the years, the debate over U.S. interrogation policies has featured quite a few references to fictional works, most commonly with the right referencing Jack Bauer and "24." Yesterday, we heard a twist, with the introduction of Col. Jessup and "A Few Good Men."

MSNBC's Joe Scarborough sees a parallel, with President Obama as Kaffee, and Dick Cheney as Jessup. Ryan Powers reported on Scarborough's on-air comments, in which the former Republican lawmaker described the two national-security speeches from Thursday:

"This scene yesterday...I'm serious here, this comes straight out of 'A Few Good Men.' The reason why the closing scene with Jack Nicholson on the stand worked so well, is, of course, we were all rooting for the young attractive Tom Cruise, just like more Americans are probably rooting for President Obama. But at the same time, what was said on that stand by Nicholson...I was struck by that contrast."

The comparison is not, on its face, absurd. If you've seen the movie, you know that Jessup believed the ends justified the means, and that a security-at-all-costs attitude was used to rationalize illegal conduct. It's a belief that sounds rather familiar.

But Scarborough seems to have forgotten the ending. Jessup lied under oath, orchestrated a conspiracy to cover up his crimes, ordered the torture (and accidental death) of a United States Marine, and was eventually arrested to face criminal charges. In other words, the audience wasn't just "rooting for the young attractive Tom Cruise"; the audience was supposed to realize that Col. Jessup was the villain in this story.

Indeed, it worries me a bit that Scarborough would watch "A Few Good Men" and think, "You know, maybe Kaffee really did 'weaken a country' with his efforts."

It's like watching "Bob Roberts" and thinking you'd like to vote for the protagonist.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (25)

Bookmark and Share
 
May 22, 2009

FRIDAY'S MINI-REPORT.... Today's edition of quick hits:

* President Obama shared some words of wisdom with the graduating class at the Naval Academy this afternoon. He also had shared a warm exchange with a graduate by the name of John McCain IV.

* A week from now, the administration is likely to send GM into bankruptcy.

* Good: "A federal appeals court on Friday agreed with the major elements of a 2006 landmark ruling that found the nation's top tobacco companies guilty of racketeering and fraud for deceiving the public about the dangers of smoking. A three-judge panel of the U.S. Court of Appeals in Washington unanimously upheld requirements that manufacturers change the way they market cigarettes."

* The Feds seized Florida's BankUnited FSB late yesterday, which appears to represent the largest bank failure since the current crisis began.

* The war supplemental passed the Senate with minimal opposition.

* Roadblock Republicans are already blocking Judge David Hamilton's appeals court nomination, and the process has barely started.

* Remember that NYT front-page article about one in seven Gitmo detainees "returning" to terrorism? It looked shaky yesterday; it looks worse now.

* Supreme Court interviews continue at the White House, and we may see a nominee next week.

* Speaker Pelosi held her weekly press conference this morning, but would not go beyond her previous comments regarding the CIA and Bush-era torture.

* The State Department intends to end the workplace discrimination against gay employees.

* The U.N. is seeking $543 million for Pakistan refugees.

* The California Supreme Court's ruling on Prop. 8 will come down on Tuesday.

* Tom Ridge isn't buying Cheney's torture argument.

* Every time I see Lawrence O'Donnell on television, I like him more.

* There is something deeply wrong with right-wing talk-show host Mark Levin. Seriously.

* Joe Scarborough is contagious, and some of his oddities are rubbing off on Mika Brzezinski.

* And in San Angelo, Texas, which happens to be a very conservative area on issues like gays and immigration, four-term mayor J.W. Lown had a pretty fascinating revelation this week.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

LOOKING FOR READER ADVICE.... It's Friday afternoon before a holiday weekend, so I hope readers won't mind if I solicit some suggestions. (If you do mind, just scroll down for news and analysis....)

I've had this Twitter account for a few weeks now, and I usually do about a half-dozen tweets a day. Occasionally, I'll use it to let folks know if I'm going to be on TV or do a radio interview. But in general, I'm not sure I'm getting the most out of it. I'd love some suggestions.

For example, I don't tweet every post from Political Animal, because readers who already check in on the site might find that tedious. On the other hand, Twitter is sometimes easier to read throughout the day, so perhaps folks might prefer that I tweet every post. Thoughts?

Also, I'm generally reluctant to tweet non-political content, because I'm not sure if anyone cares what I think about, say, the "Dollhouse" season finale. Then again, maybe that's what gives a feed some personality. Beats me.

I'm open to suggestion. For those of you on Twitter -- if not, none of this applies anyway -- what kind of content do you want to see?

Post Script: Yes, I realize that some of you consider blogging about Twitter even worse than blogging about blogging. Consider this a one-time thing.

Steve Benen 5:00 PM Permalink | Trackbacks | Comments (45)

Bookmark and Share

CREDIT CARD REFORM.... It's been a busy week, and the "Credit Card Accountability, Responsibility, and Disclosure Act" hasn't gotten much in the way of attention. That's a shame, because it's a pretty good bill, which President Obama signed into law this afternoon.

President Obama this afternoon signed into law a bill that prevents credit card companies from raising interest rates arbitrarily and limits the fees they can charge, meeting his own deadline of enacting the bill before Memorial Day.

"With this bill, we're putting in place some common sense reforms designed to protect consumers . . . ," Obama said moments before signing the bill in the White House Rose Garden. "I want to be clear about this: Credit card companies provide a valuable service. We don't begrudge them turning a profit. We just want to make sure that they do so while upholding basic standards of fairness, transparency and accountability."

He stressed that officials cannot "excuse irresponsibility" by consumers but said too often credit card practices made it very difficult for people to work their way out of debt and the credit cards become "less of a lifeline and more of an anchor."

The bill, sponsored by Sen. Chris Dodd (D-Conn.), isn't perfect, but it's a huge step in the right direction and imposes some limits on the industry that are long overdue.

For example, before a credit card company changes a consumer's interest rates, fees, or finance charges, the company needs to give 45 days' notice. Consumers who get an introductory promotional rate get to keep it for at least six months, and interest rates can't be increased for the first year. There are also specific provisions that help young people and students.

Perhaps most important, companies can't increase interest rates on existing balances until consumers are more than 60 days behind on payment.

Peter Garuccio, a spokesman for the American Bankers Association, said this week the bill represents "the biggest reforms of the industry since the invention of credit cards." In this case, that's a good thing.

What's more, despite the industry's influence on the Hill, this was a bipartisan effort. The measure passed the House 361 to 64 (63 of the 64 "nay" votes were Republicans), and passed the Senate 90 to 5 (4 of the 5 opponents were Republicans).

For all of the valid concerns about obstructionism and legislative paralysis, this bill is a pretty significant accomplishment, and something for policymakers at both ends of Pennsylvania Avenue to brag about over the Memorial Day break.

Steve Benen 4:15 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

THE GIFT THAT KEEPS ON GIVING.... It's Friday. You know what that means -- Michael Steele is guest-hosting Bill Bennett's radio show again. Will he say something ridiculous? Of course he will.

Apparently unable to learn from egregious mistakes from the recent past, RNC Chairman Michael Steele once again took to the radio airwaves today as a guest host for Bill Bennett. Earlier this week, Steele declared "an end to the era of Republicans looking backward." This morning, however, Steele revisited the 2008 election to insist that President Obama had never been "vetted" because the press "fell in love with the black man":

"The problem that we have with this president is that we don't know [Obama]. He was not vetted, folks. ... He was not vetted, because the press fell in love with the black man running for the office. 'Oh gee, wouldn't it be neat to do that? Gee, wouldn't it make all of our liberal guilt just go away? We can continue to ride around in our limousines and feel so lucky to live in an America with a black president.'"

Specifically, Steele wanted to see more "dissecting" during the campaign of Jeremiah Wright's relationship with the president.

It's hard to even know where to start with such an absurd remark. How offensive is all of this? Let us count the ways: 1) if Wright drew any more media attention last year, people might have begun thinking he was the candidate; 2) Steele just said Republicans have to stop looking backwards; 3) Obama was a candidate for nearly two full years and couldn't have been vetted any more thoroughly; 4) Steele has personally had to fight against the idea that he got ahead based on his race, so this is uniquely insulting coming from him; 5) if the RNC is still obsessed with Jeremiah Wright, it's in bigger trouble than I thought; 6) I've never heard of campaign reporters who get to ride around in limousines.

But Adam Serwer gets at the point that must not go overlooked: "Michael Steele tells black people different things than he tells white people."

When Steele has a black audience, Obama's victory is "a testament to struggle, perseverance, and opportunity." When Steele has a white audience, he thinks Obama is a "magic negro" who just won because of liberal white guilt.

It's practically the definition of a sell-out.

Post Script: And to keep harping on my Dean comparison, will political reporters now ask Republican leaders on the Hill whether they agree with their party's chairman that President Obama only succeeded because of the color of his skin? Or do they think the RNC chairman should apologize?

Steve Benen 3:35 PM Permalink | Trackbacks | Comments (26)

Bookmark and Share

'IT IS WAY WORSE THAN I THOUGHT IT WOULD BE'.... I'm generally inclined to ignore publicity stunts, but this one might serve a greater goal.

Chicago radio talk-show host Erich Muller, aka "Mancow," apparently decided he'd subject himself to waterboarding. His admitted goal, which Mancow conceded on the air, was to prove that waterboarding was not, in fact, torture.

This morning, Mancow, who is nationally syndicated, went into a storage room next to his radio studio. The results were predictable.

"The average person can take this for 14 seconds," Marine Sergeant Clay South answered, adding, "He's going to wiggle, he's going to scream, he's going to wish he never did this."

With a Chicago Fire Department paramedic on hand, Mancow was placed on a 7-foot long table, his legs were elevated, and his feet were tied up.

Turns out the stunt wasn't so funny. Witnesses said Muller thrashed on the table, and even instantly threw the toy cow he was holding as his emergency tool to signify when he wanted the experiment to stop. He only lasted 6 or 7 seconds.

"I wanted to prove it wasn't torture," Mancow said. "They cut off our heads, we put water on their face ... I got voted to do this [by his listening audience] but I really thought, 'I'm going to laugh this off.'"

He didn't. In fact, he explained afterwards, "It is way worse than I thought it would be, and that's no joke." (Christopher Hitchens had a similar reaction last year.)

I mention this, not to give a radio host more publicity, but because it's common to hear torture apologists insist that waterboarding is "no big deal." This is not only absurd, it defies common sense: if this wasn't torture, we wouldn't have done it. The whole point is to do something so horrific that the detainee would feel compelled to give up information. If it were merely a "splash in the face," as some on the right have argued, why would Bush administration officials think it might be effective?

What's more, also note the circumstances/context here. Mancow was in a familiar setting; he knew his life was not being threatened; and he know he could stop the procedure at any time. Despite all of this, he still recognized this as torture, despite wanting to prove the opposite.

Steve Benen 3:05 PM Permalink | Trackbacks | Comments (88)

Bookmark and Share

THE LIMITS OF FEDERALISM.... Earlier this month, the D.C. City Council voted 12 to 1 to recognize same-sex marriages from states that have already passed marriage equality laws. The next day, Rep. John Chaffetz (R) of Utah, the ranking Republican on a House Oversight and Government Reform subcommittee that oversees the District, vowed to intervene.

Mike Madden reports that the right's efforts began in earnest yesterday.

A group of conservative House members who believe in limiting federal involvement in local affairs introduced legislation Thursday that would block Washington, D.C., from recognizing gay marriages performed elsewhere in the United State. The bill would overturn local legislation that the D.C. Council passed last month. The nearly three dozen small-government conservatives who sponsored the House bill evidently decided the risk of letting gays and lesbians marry was far more dangerous than whatever evil might come from letting the federal government muck around with local business.

"The family is truly the foundational institution of our nation, and marriage is its cornerstone," Rep. Jim Jordan, an Ohio Republican, said in a statement.

Yes, one of the bedrock federalist principles of conservative lawmakers is the notion that the federal government shouldn't interfere in local matters like these. And yet, we have conservatives from Ohio, Utah, Oklahoma, and elsewhere, deciding that the elected representatives of the District of Columbia are incapable of representing the constituents who elected them to public office. How D.C.'s city council governs in D.C. is fine, just so long as conservative lawmakers from far outside D.C. approve.

Or, put another way, Republican principles go right out the window if the question involves gays or guns.

For what it's worth, this conservative effort, co-sponsored by a couple of center-right Democrats, isn't likely to go anywhere. To override the decision of the city council, the measure would need to be passed by both chambers and signed by the president.

It seems likely, then, that on this purely local issue, D.C. will be able to run its city the way it sees fit.

Steve Benen 2:20 PM Permalink | Trackbacks | Comments (26)

Bookmark and Share

A REMINDER OF THE OBVIOUS.... Somehow, the nation has managed to do pretty well despite all of these terrorists living in our "neighborhoods," coming to our "communities," and "living among us."

[T]he apocalyptic rhetoric rarely addresses this: Thirty-three international terrorists, many with ties to al-Qaeda, reside in a single federal prison in Florence, Colo., with little public notice.

Detained in the supermax facility in Colorado are Ramzi Yousef, who headed the group that carried out the first bombing of the World Trade Center in February 1993; Zacarias Moussaoui, convicted of conspiring in the terrorist attacks of Sept. 11, 2001; Ahmed Ressam, of the Dec. 31, 1999, Los Angeles airport millennium attack plots; Ahmed Omar Abu Ali, conspirator in several plots, including one to assassinate President George W. Bush; and Wadih el-Hage, convicted of the 1998 bombing of the U.S. Embassy in Kenya.

Inmates in Florence and those at the maximum-security disciplinary barracks at Fort Leavenworth, Kan., rarely see other prisoners. At Leavenworth, the toughest prisoners are allowed outside their cells only one hour a day when they are moved with their legs shackled and accompanied by three guards.

Terrorists in the community of Leavenworth, Kansas? But that's the heartland! Won't someone think of the children? (Sen. Pat Roberts on Kansas this week insisted that Army officers would no longer want to train at Ft Leavenworth if there are terrorists held there. Sounds like Roberts doesn't know what he's talking about.)

Philip Zelikow, a top official in the Bush administration's State Department, explained to the Senate Judiciary Committee last week, "We have a vast amount of experience in how to judge the continued incarceration of highly dangerous prisoners, since we do this with thousands of prisoners every month, all over the United States, including some really quite dangerous people."

It's a shame articles like these are even necessary, since reality seems so obvious. And yet, a few too many lawmakers, who presumably know better, are just hysterical.

Sen. Max Baucus (D-Mont.) put his foot down. "We're not going to bring al-Qaeda to Big Sky Country -- no way, not on my watch," he told Time magazine this month.

What an embarrassment.

Steve Benen 1:45 PM Permalink | Trackbacks | Comments (28)

Bookmark and Share

STILL STUNTING THE STIMULUS.... We're approaching the end of May, and it seems like the debate over the economic recovery package has been over for a long while, but there are still some pockets of obstinacy. For example, there's Alaska:

Gov. Sarah Palin on Thursday became the only governor to turn down federal stimulus money for energy efficiency, a move that legislators called "disappointing" for a state with some of the country's highest energy costs.

In announcing the veto of $28.6 million in funds, Palin said she wouldn't accept money tied to adoption of building codes by local governments. [...]

State budget director Karen Rehfeld said the Republican governor was concerned that in accepting the money, she would be required to promote the adoption of local building codes. To qualify for the federal money, 90 percent of new and renovated structures in the state would have to be constructed under energy efficiency standards between 2009 and 2017.

State lawmakers responded that this is a misguided reason for opposition, since Alaska had largely already met the federal mandate. And since Alaska could benefit from efficiency and energy reduction programs, lawmakers from both parties said Palin's concerns don't add up. The legislature will try to override the governor, and accept the $28.6 million. If not, it will be divvied up among the rest of the states.

And then there's South Carolina:

Gov. Mark Sanford is taking the General Assembly to court after lawmakers required him to accept $350 million in disputed federal money by overriding his budget vetoes.

Sanford quickly announced the federal suit after the Senate voted 34-11 on a state budget that forces him to accept the money.

"We know a suit will be filed against us on this issue, and as such we've filed a suit tonight in response," Sanford said in a prepared statement. "We believe the Legislature's end-around move won't pass constitutional muster."

Yes, the governor would rather sue his legislature than accept federal funding that would go to bolster schools and public safety.

I guess Palin and Sanford must really want to impress that GOP base.

Steve Benen 1:25 PM Permalink | Trackbacks | Comments (14)

Bookmark and Share

WHAT BLAIR ACTUALLY SAID.... This morning on Fox News, Rep. Peter King (R-N.Y.), said President Obama was "factually inaccurate" when he said that torture doesn't work. King added that Obama's "own Director of National Intelligence says [the previous administration's torture policies] did work."

Dick Cheney made a very similar point yesterday, citing Adm. Dennis Blair, President Obama's national intelligence director, who said Cheney's preferred tactics produced "high-value information."

It's been about a month since this was news, and King and Cheney probably hope Americans have forgotten the details, so let's quickly set the record straight (again).

In mid-April, Blair told colleagues in a private memo that the Bush administration's abusive tactics did, in fact, produce "high-value information" about al Qaeda. Blair added, however, that had he been in a position of authority when these interrogation techniques were approved, he "would not have approved those methods."

And why not? If torture produced "high-value information," and we need "high-value information," why would the Admiral reject the tactics? It's not complicated:

"The information gained from these techniques was valuable in some instances, but there is no way of knowing whether the same information could have been obtained through other means. The bottom line is these techniques have hurt our image around the world, the damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security."

Republicans are citing the national intelligence director as a source of support, when he clearly is taking the polar opposite position. Blair believes the "enhanced interrogation program" was not only unnecessary, but also proved counterproductive to our interests.

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

FRIDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* In Virginia's Democratic gubernatorial primary, state Sen. R. Creigh Deeds received some rare good news this morning, earning the endorsement of the Washington Post. "Deeds may not be the obvious choice in the June 9 primary," the paper's editorial board said, "but he's the right one."

* Speaking of the race in Virginia, the latest Research 2000 poll for Daily Kos is largely in line with other recent gubernatorial surveys in the state: Terry McAuliffe is out in front with 36%, Brian Moran trailed with 22%, and Deeds is in third with 13%. In terms of general-election match-ups, all three Dems trail former state Attorney General Bob McDonnell (R).

* In Florida, Gov. Charlie Crist (R) quickly won the NRSC endorsement for his Senate campaign, but the state Republican Party will not take sides in the primary.

* Also in Florida, state Attorney General Bill McCollum (R) will likely avoid a primary in his gubernatorial campaign.

* While Rep. Joe Sestak (D) is getting grassroots encouragement to challenge Sen. Arlen Specter in Pennsylvania next year, Sestak isn't hearing any positive signals from the national party.

* Confirming months of rumors, former Rep. Scott McInnis (R) officially kicked off his gubernatorial campaign in Colorado yesterday.

* Stormy Daniels, an adult-film actress, formed an exploratory committee yesterday for the 2010 Senate race in Louisiana.

* And in 2012 news, Mississippi Gov. Haley Barbour (R) will be spending some time in Iowa next month. That doesn't necessarily mean he's thinking about running for president, but it's not exactly a stretch, either.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share

NEPOTISM REIGNS.... Mid-day yesterday, I noticed that Mark Halperin had a headline that read, "Round 2: Liz Cheney vs Axe." Round 1, apparently, was President Obama and former Vice President Cheney, and Round 2's "Axe" refers to David Axelrod, Senior White House Advisor to the president.

Halperin added, "The two surrogates weigh in on the Cheney vs. Obama debate shortly after their speeches in MSNBC interviews. Must-see video...."

Notice the problem? Liz Cheney was brought on to offer analysis of her own father's speech, and parrot her dad's criticism of the president. (What a surprise -- she found her dad's argument very persuasive.)

What's more, as part of a full-throated defense of her dad's torture policies, Liz Cheney has been all over the television news. I asked my friends at Media Matters to check on just how many interviews Cheney has done lately. They came up with this list that spans the last 10 days (and today isn't over yet):

* On the May 22 edition of ABC's "Good Morning America"

* On the May 22 edition of MSNBC's "Morning Joe"

* On the May 22 edition of CNN's "American Morning"

* On the May 21 edition of CNN's "AC360"

* On the May 21 edition of Fox News' "Hannity"

* On the May 21 edition of "MSNBC News Live"

* On the May 20 edition of Fox News' "Your World"

* On the May 17 edition of ABC's "This Week with George Stephanopoulos"

* On the May 16 edition of Fox News' "Fox & Friends Saturday"

* On the May 15 edition of Fox News' "On the Record"

* On the May 12 edition of Fox News' "Live Desk"

* On the May 12 edition of MSNBC's "Morning Joe"

That's 12 appearances, in nine and a half days, spanning four networks. (On today's "Morning Joe," Liz Cheney was on for an entire hour -- effectively becoming a co-host of the program.) And this is just television, and doesn't include Liz Cheney's interviews on radio or with print media.

There's no modern precedent for such a ridiculous arrangement. Dick Cheney launches a crusade against the White House, and major outlets look for analysis from Cheney's daughter? Who everyone already realizes agrees with everything he says about torture?

This is just crazy.

Steve Benen 11:05 AM Permalink | Trackbacks | Comments (67)

Bookmark and Share

A RUNNING MATE FOR 2010.... With Dick Cheney positioning himself as one of the de facto leaders of the nation in the post-Bush/Cheney era, it's not unreasonable to ask Republican incumbents a straightforward question: do you want to campaign alongside the former vice president?

A few GOP leaders are willing to put on a brave face, but those who may face competitive races next year are a little cagey on the subject.

Asked whether he'd like Cheney to campaign with him, Utah Sen. Robert Bennett -- who faces a primary challenge in 2010 -- said: "The most powerful national politician in Utah is Mitt Romney, and he's already come to Utah to campaign for me. And I think I'll leave it at that."

Asked if he'd want Cheney on the campaign trail for him, North Carolina Sen. Richard Burr said: "I'm not going to go there yet." Pressed on the matter, Burr -- a top target for Democrats -- said Cheney is "trying to set the record straight on his administration." But Burr said he didn't want to discuss "what's going to happen in my campaign. I don't even have an opponent."

Sen. John Cornyn (R-Texas), head of the National Republican Senatorial Committee, told reporters yesterday that he'd be "proud to appear with the vice president anywhere, anytime." When pressed on whether they share that view, Florida's Charlie Crist, Ohio's Rob Portman, and Alaska's Lisa Murkowski said they didn't want to talk about it. Arizona John McCain, who's also seeking another term next year, responded, "I don't have the time or energy to discuss that -- or the inclination."

There were a few Republicans -- including Georgia's Johnny Isakson and Oklahoma's Tom Coburn -- who said they'd gladly accept help from the former vice president, but they represent some very "red" states.

Expect to hear more of this. I suspect the DSCC will have some fun with it.

Steve Benen 10:35 AM Permalink | Trackbacks | Comments (8)

Bookmark and Share

AN ENCOURAGING FIRST STEP.... Generally, when a House committee approves a bill, it's not an especially important development. But the Waxman-Markey bill isn't just another piece of legislation, global warming isn't just another policy challenge, and yesterday wasn't just another committee vote.

The House Energy and Commerce Committee, splitting largely along party lines, approved on Thursday the most ambitious energy and global warming legislation ever debated in Congress. [...]

Mr. Obama did not play a major public role in the committee's work, but intervened quietly on several occasions, calling nervous conservative Democrats to assure them that a vote for the bill would not hurt them politically. Two weeks ago, he gathered all of the panel's Democrats at the White House to urge them to set aside their differences to produce a bill that met his goals of energy conservation and global warming abatement.

The measure approved by the House committee runs more than 930 pages. It establishes a cap-and-trade program to control climate-altering emissions; dictates an increase in the use of renewable energy sources; and sets new efficiency standards for buildings, lighting and industrial facilities. It calls for a 17 percent reduction in emissions of heat-trapping gases from 2005 levels by 2020 and 83 percent by 2050.

It was the object of one of the biggest lobbying campaigns of any piece of environmental legislation, with millions of dollars spent on both sides in the months leading up to Thursday's vote. Lawmakers heard from former Vice President Al Gore, local utility companies, hunters and fishermen, national environmental groups, agricultural interests and the coal, oil and natural gas industries.

The final committee vote was 33 to 25, with three Blue Dogs joining the Republicans in opposition, and one GOP lawmaker (California Republican Rep. Mary Bono Mack) joining Dems in support. Waxman, the committee chairman, had vowed to get the bill through committee by Thursday, and though few thought it would happen, he got it done.

This was, of course, the first test. Legislative choke-points abound, and the bill still has a ways to go. In the House, Waxman-Markey will need approval from committees on Ways and Means, Transportation, Natural Resources, and perhaps most important, Agriculture. (Democrats on the Ag Committee have vowed to block the bill unless it exempts ethanol from EPA regulation.) Senate passage will be even more difficult, since Republicans will use the same obstructionist tactics they always use, and Blue Dogs like Evan Bayh are bound to break party ranks.

That said, yesterday was a good start.

Post Script: Remember the speed-reader I mentioned the other day? It turns out, Texas Rep. Joe Barton (R) backed off his threats to delay the bill, but he, like everyone else, was nevertheless curious to see what the speed-reader sounded like reading the bill. The result was highly entertaining.

Steve Benen 10:00 AM Permalink | Trackbacks | Comments (7)

Bookmark and Share

'DAISY,' REDUX.... In 1964, LBJ's presidential campaign aired its infamous "Daisy" ad, just once, to drive home the point that it wouldn't be an especially good idea to have Barry Goldwater with his finger on the button.

Periodically, Republicans have tried to respond with "Daisy" ads of their own. In 2006, the RNC tried to scare the bejesus out of voters, suggesting a vote for Democratic congressional candidates is a vote for a nuclear attack by al Qaeda.

This didn't work. Today, the RNC is trying again.

The RNC is launching a Web ad on Friday highlighting Democrats' divisions over the future of Guantanamo Bay, ABC News has learned.

The ad intersperses video from one of the most famous and controversial political ads of all time -- Lyndon Johnson's "Daisy" ad from the 1964 presidential campaign against Barry Goldwater.

"To close it? To close it not?" a voice asks several times, with video playing of the little girl from the LBJ ad.

The ad shows several clips of Democrats -- including Obama, Sen. Jim Webb, D-Va., and Senate Majority Leader Harry Reid, D-Nev. -- contradicting each other over what the fate of Guantanamo should be.

The Web ad fades with a single word on the screen: "Really?"

This isn't an actual ad that television viewers will see; it's a web ad that the RNC expects news networks to air, over and over again, for free. I suspect that part of the strategy will work pretty well.

For that matter, the video reinforces the consequences of Democrats on the Hill caving to conservative complaints and buying into the right's fearmongering.

But the message itself is hopelessly absurd. To equate closing a detention facility with the threat of a nuclear war only suggests the RNC has a child-like understanding of national security threats.

It's a desperate move from hapless RNC leaders.

Steve Benen 9:25 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share

EVERY DAY IS GINGRICH DAY.... Chris Hayes had a tweet on Wednesday morning that really resonated with me: "Every morning I wake up, anxious to see what Newt Gingrich has to say about the issues of the day."

Chris was, of course, being sarcastic. The problem, though, is that major news outlets seem to genuinely believe Americans really do wake up, anxious to see what the disgraced former House Speaker has to say about current events.

This morning, for example, the Washington Post offers readers an 800-word op-ed from Gingrich about public attitudes on the size of government. Wouldn't you know it, Gingrich thinks there's a mass movement of people out there who think exactly the same way he does.

In the great tradition of political movements rising against arrogant, corrupt elites, there will soon be a party of people rooting out the party of government. This party may be Republican; it may be Democratic; in some states it may be a third party. The politicians have been warned.

Anxious to hear more? You're in luck -- Newt Gingrich will be the featured guest on "Meet the Press" this weekend.

He was lying on Fox News yesterday. He was lying on "Good Morning America" on Wednesday. More of the same on "The Daily Show" on Tuesday. Looking over CNN's political blog, which tends to keep up pretty well with the big political stories of a given day, Gingrich's various attacks have generated "news" every other day for a week.

As Atrios asked the other day: "[Y]ou know, disgraced former House Speaker Newt Gingrich has precisely zero power but his every pronouncement is treated as Incredibly Important News. Any journalists want to explain why?"

I try to pay at least some attention to what Gingrich is popping off on, in part because many GOP leaders are inclined to follow his lead, no matter how little sense he makes.

But the constant media coverage has been embarrassing for a while, and it seems to be getting worse.

Eric Boehlert's take the other day -- before the WaPo op-ed and "Meet the Press" announcement -- was spot-on: ["A]s often happens when I read breaking, this-is-what-Newt-said dispatches, I couldn't help thinking, 'Who cares what Newt Gingrich thinks?' And I don't mean that in the partisan sense. I mean it in the journalistic sense: How do Gingrich's daily pronouncements about the fundamental dishonesty of Democrats (Newt's favorite phrase) translate into news? Why does the press, 10 years after Gingrich was forced out of office, still treat his every partisan utterance as a newsworthy occurrence? In other words, why does the press still treat him like he's speaker of the House? It's unprecedented."

I'm still waiting to see the media frenzy surrounding the latest pronouncements from Jim Wright and Tom Foley. I have a hunch I'm going to be waiting for a long time.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (29)

Bookmark and Share

NO ONE SHOULD BE MEAN TO CHENEY.... Once in a while, during his briefings, White House Press Secretary Robert Gibbs will get in little digs at the administration's detractors, with varying degrees of sarcasm. Opinions will vary, but his sense of humor tends to work for me.

What's interesting, though, is that some members of the press corps seem taken aback when Gibbs fails to show deference to Dick Cheney.

One of the odder things we've seen from some members of the White House press corps this year is a kind of zealous over-protectiveness of the previous administration -- Dick Cheney, in particular. [...]

[During yesterday's] briefing, another reporter (I'm not sure who) attacked Gibbs again for being mean to Cheney. The reporter said Gibbs had taken a "swipe" at Cheney. What was the swipe? Earlier in the briefing, Gibbs had responded to Cheney's attack by puckishly saying he had a lot of time on his hands. That was the swipe.

This is just weird.

It is, indeed. Dick Cheney has been waging a crusade to undermine public confidence in the White House, dropping any pretense of institutional and/or historic norms. Indeed, the former vice president had just wrapped up a ridiculous and spectacularly dishonest tirade against the president. Gibbs makes a subtle dig about Cheney having nothing else to do with his time, and some reporters think Gibbs ought to show Cheney more respect?

This isn't the first time. In March, after one of the former VP's other petty attacks, Gibbs joked, "I guess Rush Limbaugh was busy. So they trotted out the next most popular member of the Republican cabal." ABC, CBS, and MSNBC all expressed their disappointment that the press secretary would take such a disrespectful tone towards Cheney.

To be sure, there are lines that shouldn't be crossed. If Gibbs started leveling personal attacks against Cheney from the briefing room podium, I could understand some pushback. But Cheney is on a crusade against the White House. Why can't the press secretary give as good as he gets?

Cheney is a big boy. I think he can handle it.

If these reporters were at least as concerned about the former vice president's dishonesty as they were about Gibbs being mean to him, the coverage would probably be better.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (41)

Bookmark and Share
By: Hilzoy

Just Shoot Me Now

I liked most of Obama's speech. If it weren't for that one little bit about preventive detention, I'd be as happy as a clam. But there it was:

"But even when this process is complete, there may be a number of people who cannot be prosecuted for past crimes, in some cases because evidence may be tainted, but who nonetheless pose a threat to the security of the United States. Examples of that threat include people who've received extensive explosives training at al Qaeda training camps, or commanded Taliban troops in battle, or expressed their allegiance to Osama bin Laden, or otherwise made it clear that they want to kill Americans. These are people who, in effect, remain at war with the United States.

Let me repeat: I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture -- like other prisoners of war -- must be prevented from attacking us again. Having said that, we must recognize that these detention policies cannot be unbounded. They can't be based simply on what I or the executive branch decide alone. That's why my administration has begun to reshape the standards that apply to ensure that they are in line with the rule of law. We must have clear, defensible, and lawful standards for those who fall into this category. We must have fair procedures so that we don't make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.

I know that creating such a system poses unique challenges. And other countries have grappled with this question; now, so must we. But I want to be very clear that our goal is to construct a legitimate legal framework for the remaining Guantanamo detainees that cannot be transferred. Our goal is not to avoid a legitimate legal framework. In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so, going forward, my administration will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution."

Let's start with the good part. If we have to have preventive detention, it ought to be subject to the kind of oversight Obama is talking about. There should be rules. There should be checks and balances. I like that part.

But that's like saying: if we have to have censorship or prohibitions on particular religions, they ought to be subject to judicial oversight. Yay for judicial oversight. Hurrah for explicit legal frameworks. Whoopee. That said:

Preventive detention????????

No. Wrong answer.

If we don't have enough evidence to charge someone with a crime, we don't have enough evidence to hold them. Period.

The power to detain people without filing criminal charges against them is a dictatorial power. It is inherently arbitrary. What is it that they are supposed to have done? If it is not a crime, why on earth not make it one? If it is a crime, and we have evidence that this person committed it, but that evidence was extracted under torture, then perhaps we need to remind ourselves of the fact that torture is unreliable. If we just don't have enough evidence, that's a problem, but it's also a problem with detaining them in the first place.

What puzzles me even more is this, from a New York Times story about this:

"The two participants (...) said Mr. Obama told them he was thinking about "the long game" -- how to establish a legal system that would endure for future presidents."

The long game? If we have a need for preventive detention, which I do not accept, it's a short-term need produced by Messrs. Bush and Cheney. The long game is the preservation of our republic. It is not a game that we can win by forfeiting our freedom.

People seem to be operating under the assumption that there is something we can do that will bring us perfect safety. There is no such thing. We can try our best, and do all the things the previous administration failed to do -- secure Russian loose nukes, harden our critical infrastructure, not invade irrelevant countries, etc. -- but we will never be completely safe. Not even if we give up the freedom that is our most precious inheritance as Americans.

Freedom is not always easy, and it is not always safe. Neither is doing the right thing. Nonetheless, we ought to be willing to try. I wish I saw the slightest reason to believe that we are.

Hilzoy 3:02 AM Permalink | Trackbacks | Comments (81)

Bookmark and Share
 
May 21, 2009

THURSDAY'S MINI-REPORT.... Today's edition of quick hits:

* Iraq: "Three U.S. soldiers and 12 Iraqis were killed Thursday by a bomb at a crowded market in the southern Baghdad neighborhood of Doura, residents and U.S. and Iraqi officials said."

* The U.S. death toll from H1N1 reached 10 today.

* Edward Liddy, CEO of AIG, is stepping down from his post.

* GM and UAW have reached a new deal that could save the company billions.

* Ahmed Ghailani, a "high value" Gitmo detainee will stand trial in New York City in a civilian criminal court.

* The latest data on global warming paints a bleak picture.

* When Senate Majority Leader Harry Reid (D-Nev.) said Ted Kennedy's cancer had gone into remission, it's possible that Reid didn't know what he was talking about.

* Reid and Tom Harkin (D-Iowa) will meet tonight to strategize on an EFCA compromise.

* Overhauling the federal student-loan program moves forward.

* A week after filibustering David Hayes' Interior Department nomination, Sens. Robert Bennett (R-Utah) and Lisa Murkowski (R- Alaska) backed off and allowed Hayes to be confirmed last night.

* Will Democrats on the House Agriculture Committee derail energy reform?

* Will California get a bailout?

* How about a law mandating a week of paid vacation?

* For all the right-wing panic over Obama and gun control, Tom Coburn's measure about loaded firearms in national parks is poised to become law.

* Steven Pearlstein is making sense about the costs of health care reform.

* Glenn Beck sure does whine a lot about people being mean to him.

* Evan Bayh is doing his best to make Joe Lieberman look like Democrat of the Year.

* Ed Schultz vs. the entire cast of "Morning Joe."

* The RNC makes a lot of dumb attacks, but this one is dumber than most.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (30)

Bookmark and Share

KILLER IDEOLOGIES.... Michael Steele has a way with words. Consider these remarks to Human Events, a right-wing magazine.

"The Republican Party's credibility as the reliably conservative choice has been damaged, and it's up to us to fix it. Faith, freedom, personal responsibility, respect for life and prosperity" Then he added, "Like a bad diet, liberalism will kill you. It's a drug we don't need to be hooked on. We are what stand between an America of prosperity or dependency. Which one do you want?"

Following up on an item from a couple of weeks ago, I keep thinking about Howard Dean's tenure in early 2005, shortly after he took over as DNC chairman. He had a tendency to make some provocative comments -- including telling a California audience that Republicans are "a pretty monolithic party. They all behave the same. They all look the same. It's pretty much a white Christian party."

If you go back and look at that period, you'll notice that reporters (and Republicans) pressed Democratic leaders on whether they agreed with Dean, every time the party chairman would say something controversial. In the case of the "white Christian party," John Edwards, Joe Biden, and Bill Richardson all publicly distanced themselves from Dean.

If Dean had ever dared to tell a strident political magazine that "conservatism will kill you" -- a day after emphasizing the importance of "class" and "dignity" -- I suspect the response would have been pretty intense. Every Democratic leader would be asked whether they're comfortable with Dean's attacks.

But I get the sense that Steele is perceived as such a loose cannon, comments like these hardly seem controversial anymore.

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (14)

Bookmark and Share

DRAGGING THE STUNT OUT ANOTHER DAY.... Maybe it's just me, but when I saw another story about a new round of Republican attacks on House Speaker Nancy Pelosi (D), my first reaction was, "Wait, they're still talking about that?"

A member of the House Republican Conference will offer a resolution on the House floor Thursday calling for a bipartisan investigation into House Speaker Nancy Pelosi's claim that the CIA misled her on the use of waterboarding, two Republican sources tell CNN.

"The speaker has had a full week now to either produce the evidence or retract and apologize, and she's done neither," a senior Republican aide told CNN. "There is no choice now. A bipartisan investigation is needed to get to the facts."

Just so we're clear, if a Democrat says, in reference to credible allegations of widespread Bush administration wrongdoing, "There is no choice now. A bipartisan investigation is needed to get to the facts," that Democrat is a bitter partisan, stuck in the past, anxious to undermine national security. If a Republican says the same thing about Pelosi, he/she is simply supporting accountability.

Of course, the resolution is just another stunt, which is an extension of the larger stunt. There's no way the Democratic House majority is going to support this resolution. Indeed, if the House were to launch a bipartisan investigation every time a lawmaker questioned the honesty of the CIA, Congress would never get anything done and a fair amount of the Republican caucus would quickly find itself at the center of a probe.

Indeed, just yesterday, House Minority Leader John Boehner (R-Ohio) agreed with the Ranking Intelligence Committee Member Pete Hoekstra (R-Mich.) about the CIA having misled the House.

In the meantime, John Kerry is backing up Pelosi; Arlen Specter thinks Pelosi is right; and Time magazine pulled together the available information and concluded the Pelosi is "probably right." Best of all, "New questions surfaced Wednesday about the accuracy of a CIA document meant to settle who in Congress knew about severe interrogation methods approved by the Bush administration."

And yet, tomorrow morning, there will be a whole new round of whining from House Republicans, and the media will find Newt Gingrich's concerns on the subject utterly fascinating.

Steve Benen 4:20 PM Permalink | Trackbacks | Comments (22)

Bookmark and Share

'REFORMING' THE STATE SECRETS PRIVILEGE.... On a list of civil liberties concerns where the Obama White House has come up short, use of the "state secrets" privilege would be fairly high on the list, and was one of the first red flags from this administration. I was glad, then, to see the president mention reform this morning.

"[W]hile this principle is absolutely necessary in some circumstances to protect national security, I am concerned that it has been over-used.... So let me lay out some principles here. We must not protect information merely because it reveals the violation of a law or embarrassment to the government. And that's why my administration is nearing completion of a thorough review of this practice.

"And we plan to embrace several principles for reform. We will apply a stricter legal test to material that can be protected under the state secrets privilege. We will not assert the privilege in court without first following our own formal process, including review by a Justice Department committee and the personal approval of the Attorney General. And each year we will voluntarily report to Congress when we have invoked the privilege and why because, as I said before, there must be proper oversight over our actions.

"On all these matters related to the disclosure of sensitive information, I wish I could say that there was some simple formula out there to be had. There is not. These often involve tough calls, involve competing concerns, and they require a surgical approach. But the common thread that runs through all of my decisions is simple: We will safeguard what we must to protect the American people, but we will also ensure the accountability and oversight that is the hallmark of our constitutional system. I will never hide the truth because it's uncomfortable. I will deal with Congress and the courts as co-equal branches of government. I will tell the American people what I know and don't know, and when I release something publicly or keep something secret, I will tell you why."

That's a start. What's more, within an hour or so of Obama's speech, Senate Judiciary Committee Chairman Pat Leahy (D-Vt.) referenced the president's comments on this to reemphasize his State Secrets Protection Act, which Leahy argues would codify the privilege "in an effective way that balances the protection of national security with appropriate judicial review."

Leahy's bill has picked up some high-profile co-sponsors (Specter, Kennedy, and Feingold, among others), and in light of the president's comments, maybe there will be some movement on this.

Steve Benen 4:00 PM Permalink | Trackbacks | Comments (3)

Bookmark and Share

MR. POPULARITY.... Some on the right will no doubt be pleased to learn that Dick Cheney isn't quite as unpopular as he used to be. They probably shouldn't get too excited, though.

As Dick Cheney prepares to give a major speech on the battle against terrorism, a new national poll suggests that favorable opinions of the former vice president are on the rise.

But the CNN/Opinion Research Corporation survey, released Wednesday morning, indicates that a majority of Americans still have an unfavorable opinion of Cheney.

Fifty-five percent of people questioned in the poll say they have an unfavorable opinion of the former vice president. Thirty-seven percent say they have a favorable opinion of Cheney, up eight points from January when he left office.

Has Cheney's anti-Obama public-relations offensive given him a poll boost? It doesn't look like it -- the same CNN poll showed George W. Bush getting a similar increase, and he's kept a very low profile. It seems more likely that some of the emotional reactions to the former administration have faded a bit now that they're out of office, with some conservatives having a more favorable opinion with hindsight.

So, with his 35% favorable opinion, does that mean Cheney is no longer politically radioactive? Republicans shouldn't count on it. For one thing, the former vice president, despite the recent increase, is still slightly less popular among Americans than Fidel Castro's Cuba and Hugo Chavez's Venezuela. For another, the Democratic Senatorial Campaign Committee is encouraging candidates to "press GOP candidates to take a stand on whether they want Dick Cheney to campaign for them." It doesn't sound like the Democratic leadership is especially worried about Cheney's budding popularity.

As for the rest of the CNN poll, it also found that 63% believe President Obama's policies will "move the country in the right direction." The number for Republicans was 39%.

Steve Benen 3:20 PM Permalink | Trackbacks | Comments (11)

Bookmark and Share

WORST OF THE WORST.... John Cole raises a point that used to be more commonly known, but which has apparently been overlooked of late.

CNN just had James Inhofe on talking about how we could not bring the Gitmo folks to the states because they are too dangerous, and it reminded me of something that has been bothering me the last few days. There seems to be an effort to pretend that we chose to put these people in Gitmo for security reasons.

That is simply nonsense on stilts. It was little more than barbed-wire and plywood when we started detaining them there, and we had to build the damned place.

Indeed, given the recent debates, one might be led to believe that the detention facility at Guantanamo Bay is some kind of technological marvel, a prison to end all prisons, an imposing structure surrounded by sharks with frickin' lasers on their heads, all because the detainees there are so uniquely, extraordinarily dangerous.

This isn't even close to the truth. As Adam Serwer explained, "The point wasn't that U.S. prison facilities were incapable of holding dangerous people -- we know they are capable because we've held them there before, and we continue to do so. The original point of Gitmo was to put terrorist suspects in a location beyond the reach of U.S. law, so they couldn't take advantage of constitutional protections."

President Obama drove this point home nicely this morning.

"There is also no question that Guantanamo set back the moral authority that is America's strongest currency in the world. Instead of building a durable framework for the struggle against al Qaeda that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law. In fact, part of the rationale for establishing Guantanamo in the first place was the misplaced notion that a prison there would be beyond the law -- a proposition that the Supreme Court soundly rejected. Meanwhile, instead of serving as a tool to counter terrorism, Guantanamo became a symbol that helped al Qaeda recruit terrorists to its cause. Indeed, the existence of Guantanamo likely created more terrorists around the world than it ever detained." [emphasis added]

Something to keep in mind the next time Congress takes up the issue. If keeping suspected terrorists locked up in secure, maximum-security facilities is a top priority, keeping them at Gitmo doesn't make any sense at all.

Steve Benen 2:45 PM Permalink | Trackbacks | Comments (24)

Bookmark and Share

RESPECT FOR ONE'S AUDIENCE.... Most of Joe Klein's take on this morning's speeches struck me as persuasive.

"From the very first -- the notion that those who oppose his policies saw 9/11 as a "one-off" -- Cheney proceeded to mischaracterize, oversimplify and distort the views of those who saw his policies as extreme and unconstitutional, to say nothing of the views of the current Administration. This is the habit of demagogues. Cheney's snarling performance was revelatory and valuable: it showed exactly the sort of man Cheney is, and the sort of advice he gave, when his location was disclosed. I hope he continues to speak out. We need his voice to remind us what we've happily escaped.

"Contrast that with the President. He spoke with reason and dignity. He treated his audience -- the American people -- as adults, capable of assimilating a difficult argument. He presented the views of his opponents, on both sides, fairly. His speech acknowledged the difficulty in balancing our democratic values against our very real national security needs."

Now, when it comes to Klein's take on the appropriate "balance" between security and values, I'd put the fulcrum in a different place.

But his larger point sounds right to me. Watching Cheney's speech, the one phrase that kept coming to mind was, "He must think we're idiots."

It'd take too long to fact check the entire address, but the deliberate deceptions were constant and unavoidable. While the president went out of his way to be principled and candid, Cheney argued that to disagree with him is to fail to take 9/11 seriously. To come to different conclusions on these controversial questions is to think we're permanently free of a terrorist threat.

He even rolled out the old canard: the very debate over torture gives terrorists "just what they were hoping for."

Cheney hoped to link Saddam to terrorists, hoping the audience wouldn't look too close. Cheney insisted that torture saved lives, expecting those who heard him not to know the difference. He said Obama had backed off his opposition to torture, hoping we wouldn't pick up on the deception.

It's too late, but if the media insists on characterizing this as some kind of face-off between competitors of equal stature, the least news outlets could do is to point out that Cheney was simply outclassed today. As tempting as it may be to compare the substance of the president's speech with the former vice president's, that's just not possible. Obama treated the nation like adults; Cheney treated us like the target of a con.

For an even more spirited response, I'd encourage folks to check out Larry O'Donnell's reaction to Cheney on MSNBC.

Steve Benen 2:15 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

REJOINING THE FIGHT.... It's easy to see how this story is going to be misused and misunderstood.

An unreleased Pentagon report concludes that about one in seven of the 534 prisoners already transferred abroad from the detention center in Guantanamo Bay, Cuba, has returned to terrorism or militant activity, according to administration officials.

The conclusion could strengthen the arguments of critics who have warned against the transfer or release of any more detainees as part of President Obama's plan to shut down the prison by January.

There's ample room for skepticism on this. It's practically impossible to verify the Pentagon's numbers, since officials have "provided no way of authenticating" the recidivists, and "only a few of the 29 people identified by name can be independently verified as having engaged in terrorism since their release. Many of the 29 are simply described as associating with terrorists or training with terrorists, with almost no other details provided."

For that matter, if the number is accurate, a recidivism rate of about 14% is low by most incarceration standards. Seton Hall University School of Law professor Mark Denbeaux, who has raised credible doubts about these Pentagon reports, told the NYT, "We've never said there weren't some people who would return to the fight. It seems to be unavoidable. Nothing is perfect."

True, but it's also worth noting just how far from perfection the Gitmo system was under Bush/Cheney. Indeed, President Obama addressed this point directly in his speech this morning.

"We are currently in the process of reviewing each of the detainee cases at Guantanamo to determine the appropriate policy for dealing with them. As we do so, we are acutely aware that under the last administration, detainees were released only to return to the battlefield. That is why we are doing away with the poorly planned, haphazard approach that let those detainees go in the past. Instead, we are treating these cases with the care and attention that the law requires and our security demands."

Good thinking. In fact, the unstated truth from the NYT story is that the Bush/Cheney administration was truly awful in figuring out what to do with detainees at Guantanamo Bay, and it's another one of the inherited messes Obama is working to clean up.

Steve Benen 1:40 PM Permalink | Trackbacks | Comments (18)

Bookmark and Share

A NOUN, A VERB, AND 9/11.... Now that it's over, Dick Cheney's speech on national security was clearly a mistake. It's been easy for the former vice president to show up on various news programs and attack the president, but today's appearance at a conservative think tank put Cheney in a position in which he had to present an actual vision. He would have been better off repeating talking point to Hannity and Limbaugh.

Note, for example, that Cheney referenced 9/11 25 times. It was enough to make Rudy Giuliani blush.

For that matter, the speech was striking in its lack of anything new or compelling. Even casual political observers probably could have sketched out the framework of the speech in advance, and been pretty close to the actual thing. Looking at counter-terrorism as a law-enforcement matter is a mistake; Obama, Democrats, and the New York Times are putting us at risk; except for all of the spectacular failures, Cheney's approach to national security was effective; torture is good, but releasing torture memos is bad; the rule of law is "an elaborate legal proceeding"; Obama is only worried about impressing Europe; and someday, historians will agree that Bush/Cheney was just terrific.

It's almost as if Cheney just grabbed a couple of copies of the Weekly Standard from January and pasted them together.

One of the concerns that stood out for me, though, was Cheney's frequent references to "euphemisms."

"Behind the overwrought reaction to enhanced interrogations is a broader misconception about the threats that still face our country. You can sense the problem in the emergence of euphemisms that strive to put an imaginary distance between the American people and the terrorist enemy.... In the category of euphemism, the prizewinning entry would be ... It's one thing to adopt the euphemisms that suggest ... "

Since when does Cheney find "euphemisms" so offensive? We are, after all, talking about the leader of an administration that came up with some doozies in the euphemism department.

"Terrorist surveillance program" is euphemism for warrantless wiretaps. "Enhanced interrogation program" is a euphemism for torture. Indeed, the previous administration used euphemisms as the basis for an entire national-security strategy: "war on terror," "weapons of mass destruction," and "mushroom clouds" were standards for quite a while.

Cheney probably thought it would raise his stature to speak after the president on the same subject. The strategy was half-successful -- he got the media to characterize this as some kind of showdown between relative equals. But the other half was a humiliating failure -- Cheney came across as a small, petty man, trying a little too hard to undermine the nation's elected leadership while salvaging some shred of personal credibility.

He failed.

Steve Benen 1:10 PM Permalink | Trackbacks | Comments (42)

Bookmark and Share
By: Hilzoy

Dick Cheney

As I was walking up the stair
I met a man who wasn't there.
He wasn't there again today.
I wish, I wish he'd stay away.

-- Hughes Mearns

Hilzoy 12:36 PM Permalink | Trackbacks | Comments (17)

Bookmark and Share

OBAMA MAKES THE CASE ON GITMO.... The Senate has been reluctant to follow President Obama's lead on closing the detention facility at Guantanamo Bay. I'm assuming lawmakers were paying attention to the president's speech today.

"There is ... no question that Guantanamo set back the moral authority that is America's strongest currency in the world. Instead of building a durable framework for the struggle against al Qaeda that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law. Indeed, part of the rationale for establishing Guantanamo in the first place was the misplaced notion that a prison there would be beyond the law -- a proposition that the Supreme Court soundly rejected. Meanwhile, instead of serving as a tool to counter-terrorism, Guantanamo became a symbol that helped al Qaeda recruit terrorists to its cause. Indeed, the existence of Guantanamo likely created more terrorists around the world than it ever detained.

"So the record is clear: rather than keep us safer, the prison at Guantanamo has weakened American national security. It is a rallying cry for our enemies. It sets back the willingness of our allies to work with us in fighting an enemy that operates in scores of countries. By any measure, the costs of keeping it open far exceed the complications involved in closing it. That is why I argued that it should be closed throughout my campaign. And that is why I ordered it closed within one year."

Of course, that's the easiest part of the case to make.

Obama noted that this system that he's trying to clean up is a nightmare that he inherited, not one he created: "We are cleaning up something that is -- quite simply -- a mess; a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant -- almost daily -- basis, and that consumes the time of government officials whose time should be spent on better protecting our country." He added that the debate over what to do with detainees isn't the byproduct of his decision to close the facility -- it would have been necessary anyway, given court rulings under Bush.

The president went on to note the political dynamic: "Listening to the recent debate, I've heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country."

Republicans, I think he's talking to you.

Obama also took the most common of conservative talking points.

"[W]e are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people. Where demanded by justice and national security, we will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders -- highly secure prisons that ensure the public safety. As we make these decisions, bear in mind the following fact: nobody has ever escaped from one of our federal 'supermax' prisons, which hold hundreds of convicted terrorists. As Senator Lindsey Graham said: 'The idea that we cannot find a place to securely house 250-plus detainees within the United States is not rational.'"

So, what happens next? Obama said there will be five groups. The first includes trying those who've have violated American criminal laws in American federal courts, something we've already done with success before. The second group will be those who've "violated the laws of war and are best tried through Military Commissions." The president said his improved legal framework will add legitimacy to the process and keep in line with the rule of, though it's clearly a debatable point. The third group is made up of people who'll be released in response to court orders. The fourth will be sent overseas.

And then there's a fifth group who "cannot be prosecuted yet who pose a clear danger to the American people," which includes those who've received training at al Qaeda training camps. Obama said, "We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don't make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified."

He was a little vague on the details. I'm not surprised -- Obama was describing a system of indefinite detention without charges. He added that his administration would submit such a system to checks and balances, and "will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution."

Good luck with that.

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (26)

Bookmark and Share

THURSDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* Joe Biden used the DNC's Organizing for America email list to promote Arlen Specter this morning. "Three weeks ago," the vice president wrote, "my friend Senator Arlen Specter added one more feat to his long and impressive career -- he became a Democrat."

* How can Norm Coleman afford to keep paying his legal bills? A party official told CNN yesterday that the National Republican Senatorial Committee has chipped in $750,000 to help the former senator keep his legal fights going.

* Terry McAuliffe still looks to be leading the pack in Virginia's gubernatorial Democratic primary. A new poll from SurveyUSA shows McAuliffe out in front with 37% support, followed by Creigh Deeds at 26%, and Brian Moran at 22%.

* In Utah, state Attorney General Mark Shurtleff (R) launched a primary challenge yesterday against Sen. Bob Bennett (R), taking on the incumbent from the far-right.

* It looked like Sen. David Vitter (R) might avoid a primary challenge next year, but Republican Suzanne Haik Terrell, who narrowly lost to Sen. Mary Landrieu (D-La.) in 2002, is reportedly eyeing the race.

* The White House has helped Sen. Kirsten Gillibrand (D-NY) by convincing some potential Democratic challengers to skip the race, but Rep. Jose Serrano (D-N.Y.) conceded yesterday that he's considering taking Gillibrand on anyway.

* And Chris Kennedy, one of Robert F. Kennedy's sons, is poised to launch a Senate campaign in Illinois. Kennedy is a Chicago-area businessman who has not previously held elected office.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (10)

Bookmark and Share

THE OTHER SIDE OF NIMBY.... The conventional wisdom on bringing Gitmo detainees to U.S. soil isn't quite right.

During the May 20 edition of MSNBC's Morning Joe, NBC News correspondent Savannah Guthrie falsely claimed of detainees held at the detention center in Guantánamo Bay, Cuba: "No congressman wants these detainees in their district."

One of the more interesting developments of the past several days is seeing how untrue this is. Media Matters noted that Rep. Jim Moran (D-Va.), for example, has offered use of the Albert V. Bryan U.S. Courthouse and Detention Center in Alexandria, Virginia. Likewise, Rep. Jack Murtha (D-Pa.) said if the government wants to built a maximum security prison in his district, he'd be happy to have detainees sent to his area.

Yesterday, Carl Levin (D-Mich.) extended a similar offer, suggesting the construction of a new maximum-security in Michigan would help his state. (Former Michigan Gov. John Engler (R) raised the specter of a "Guantanamo North" in the U.P.)

What's more, Sen. Dianne Feinstein (D-Calif.) told reporters yesterday, "Yes, we have maximum security prisons in California eminently capable of holding these people as well, and from which people -- trust me -- do not escape."

And then there's the town of Hardin, Montana, where the city council voted unanimously to tell federal officials that they'd take the detainees no one else wants.

In this case, the NIMBY problem is clearly not universal.

Steve Benen 11:25 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share

WELL, IF MAGNETO CAN DO IT.... Glenn Greenwald noted yesterday how much success the U.S. has had in locking up terrorists on U.S. soil.

What are all the bad and scary things that have happened as a result? The answer is: "nothing." Take note, Chris Cillizza and friends: while it's true that "not a single prisoner has escaped from Gitmo since it was created," it's also true that no Muslim Terrorists have escaped from American prisons and our SuperMax prison "has had no escapes or serious attempts to escape." Actually, the only person to even make an escape attempt from a SuperMax is Green Arrow, who hasn't succeeded despite the help of Joker and Lex Luthor.

I really want to know: when our nation's stalwart right-wing warriors (along with Harry "Fighting the Good Fight" Reid) become petrified at the thought of keeping Muslim Terrorists in our prisons, what exactly do they fantasize will happen? What bad things specifically do they fear are going to occur?

I know Glenn was kidding with the Green Arrow reference, but it speaks to an underlying truth: the right really seems to believe that suspected terrorists -- many of whom are nuts who've lived in caves -- have some kind of superpowers. They seem to think, "I saw 'X-Men 2,' and if maximum security wasn't good enough to hold Magneto, maybe it won't be enough for KSM, either!"

(Update: Adam Serwer was all over this yesterday: "Greenwald clearly doesn't remember the Magneto incident of 2003, in which the mutant supervillain escaped from his glass prison facility after Mystique increased the iron content in his guard's blood, which Magneto extracted using his ferrokinetic powers and then used to destroy his cell. Obviously, we need to discover if Gitmo inmates do have mutant abilities, which will undoubtedly require more waterboarding, and this has to be done before the administration gets a dime to close Guantanamo. In fact, I'm pretty sure Nancy Pelosi was briefed on the subject in 2002.")

It's why that Fox News report Glenn cited was actually pretty helpful. Noting information from the Federal Bureau of Prisons, the report offered some details on the supermax facility in Florence, Colorado, which holds, among others, Zacarias Moussaoui. And as Glenn noted, the grand total of escapes from this penitentiary is zero. The grand total of attempted escapes is zero.

Until we start locking up supervillains with superpowers, these facilities and the personnel who work there will do just fine in keeping us safe.

Something to keep in mind as the "debate" continues over the possibility of bringing Gitmo detainees to American soil.

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (60)

Bookmark and Share

THWARTED TERROR PLOT IN NYC.... Following up on an overnight item, reports this morning suggest the suspected domestic terrorists arrested in New York last night weren't especially close to executing the plot, but it's nevertheless a heartening success story on U.S. counter-terrorism efforts.

The FBI and NYPD busted a four-man homegrown terror cell Wednesday night that was plotting to blow up two Bronx synagogues while simultaneously shooting a plane out of the sky, sources told the Daily News.

The idea was to create a "fireball that would make the country gasp," one law enforcement said.

Little did they know the plastic explosives packed into their car bombs and the plane-downing Stinger missile in their backseat were all phony -- supplied by undercover agents posing as Pakistani militants linked to Al Qaeda.

The plan was hatched by four men -- three Americans and one Haitian immigrant -- most of whom are apparently jailhouse converts to a radical strain of Islam. Their plot included car bombs outside two NYC temples and an attack at Stewart Air National Guard Base in Newburgh, Orange County, where the would-be terrorists apparently wanted to shoot down a cargo plane headed to Iraq or Afghanistan.

Thanks to the efforts on the FBI and the NYPD, these radicals were never able to procure actual weapons. For all the rhetoric from the right about why U.S. officials shouldn't look at counter-terrorism as a law-enforcement/intelligence-gathering matter, success stories like this one help prove otherwise.

It's also worth remembering what prompted the year-long investigation in the first place: "[A]n informant connected to a mosque in Newburgh said he knew men who wanted to buy explosives."

The more Muslim Americans feel comfortable reaching out to law enforcement officials, letting them know about suspicious activities, the better. The more Muslim Americans feel alienated and unduly profiled, the less likely they are to come forward with information like this.

What's more, as Hilzoy noted overnight, the terrorist suspects are being held on U.S. soil, will face charges in U.S. courts, and if convicted, will be locked up in U.S. prisons. I look forward to lawmakers -- apparently from both parties -- explaining to us why this is a bad thing.

Steve Benen 10:05 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share

BRODER BEING BRODER.... The basic gist of David Broder's new column is that President Obama may have angered the left with his decisions on military tribunals, photos of abused detainees, and delaying DADT repeal, but he's really just begun to take "on the mind-set and priorities of a commander in chief."

It's a strange argument. In fact, it's not really an argument at all. Broder didn't weigh in on whether the president's policies are correct; he merely concludes that the president "has learned what it means to be commander in chief." Why? Because Obama has moved away from some of the positions he took during the campaign. It's not exactly a persuasive pitch.

But more troubling is Broder's case that Democratic presidents struggle more with national security issues, in part because "the prevailing ideology of grass-roots Democratic activists has been hostile to American military actions and skeptical of the military itself." If Broder has any evidence to back this up, he chose not to include it. He added:

...Democrats really are isolated from the military. Harry Truman had been an artillery captain; John Kennedy and Carter, Navy officers. But Bill Clinton did everything possible to avoid the draft, and Obama, motivated as he was to public service, never gave a thought to volunteering for the military.

Consider a slightly different take. George W. Bush avoided Vietnam and failed to complete his obligations to the Texas Air National Guard, while Dick Cheney sought and received five deferments. In the House, neither the Minority Leader nor the Minority Whip served in the military. In the Senate, neither the Minority Leader nor the Minority Whip served in the military. Prominent Republican governors eyeing the 2012 presidential race -- Jindal, Sanford, Palin, Romney, Crist -- have no military background. Leading Republican voices outside government -- Limbaugh, Hannity, O'Reilly, Beck -- chose to never wear the uniform.

Does Broder believe Republicans "really are isolated from the military," too?

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (52)

Bookmark and Share

THE RNC AND ITS RESOLUTIONS.... Republican National Committee members invested quite a bit of time and energy recently on a resolution that would beg the Democratic Party to change its name. The more the RNC pushed this, the sillier the party appeared.

Yesterday, the party backed off a little, approving a merely foolish resolution, as compared to a blisteringly foolish resolution.

The Republican National Committee backed away Wednesday from a resolution that officially called Democrats the "Democrat Socialist Party," but instead voted to condemn Democrats for what it called a "march toward socialism."

The voice-vote came after an unusual special meeting of the party that underlined fractures among Republicans on how to deal with President Obama and the Democratic Party. The original resolution was backed by some of the party's more conservative members but was opposed by the party chairman, Michael Steele, as well as other Republican leaders. The opponents said the proposal to impose a new name on the Democrats made the Republican party appear trite and overly partisan, and would prove politically embarrassing. [...]

[W]hile stopping short of officially trying to rename the Democratic Party, the resolution said the Republican National Committee members "recognize that the Democratic Party is dedicated to restructuring American society along socialist ideals."

In other words, this isn't really a win for "moderation" at the RNC.

Indeed, the time invested in this "debate" among committee members only helped magnify the party's difficulties. Given all of the problems Republicans are facing, who thought it would be a good idea for prolonged debate about urging the majority party to name itself the "Democrat Socialist Party"? Is that really the best use of the RNC's time right now?

As Josh Marshall noted the other day, "I haven't seen a nugget that so perfectly typifies the current GOP's mix of ideological obscurantism and dingbat sloganeering as this."

In 2005, after Democrats saw Republicans take control of the White House, Senate, and House by wide margins, Howard Dean took control of the DNC and put a 50-state strategy in place. Four years later, Republicans saw Dems take control over the same institutions, and began a lengthy debate over use of the phrase "Democrat Socialist Party."

Nothing says "comeback" quite like a pointless argument over a name-calling resolution that wouldn't accomplish anything.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (14)

Bookmark and Share

THE MEDIA LOVES ITS (MANUFACTURED) SHOWDOWNS.... Dick Cheney, as you may have heard, will give a speech this morning about how great his approach to national security was and is. If you're interested in watching, don't worry, you'll have plenty of chances to see it.

Looks like Dick Cheney's big national security speech at the American Enterprise Institute ... is going to get wall-to-wall cable coverage -- giving a major assist to those who hope that his speech will be seen as "dueling" with the one that Obama is planning to give on the same topic tomorrow.

Both CNN and MSNBC will be carrying Cheney's speech live tomorrow, in addition to carrying Obama's, spokespeople for both networks confirm to me, barring the intrusion of some major news event.

I haven't seen official word from Fox News about its plans, but I'm going to assume the network will air the speech live, just as soon as its reporters finish feeding Cheney grapes while he lounges in the AEI green-room.

Because President Obama will be delivering an important speech on national security policy this morning -- not to be confused with Cheney's efforts -- news outlets are excited about the notion of a "duel" or a "boxing match" between the two. CNN's Wolf Blitzer sees today as a confrontation between two powerful opposing forces.

This is no doubt exactly the frame Republicans are desperate to see the media embrace, but that doesn't change the fact that it's terribly misguided. As Katia Bachko explained very well yesterday, "[I]t's completely unreasonable to frame these two speeches as an actual debate between two equals. We have a democratically elected president, and an unpopular former politician who are not directly engaging with one another. The question of national security is too important to sidestep in favor of a falsely construed schoolyard fight between a bully and the class president. What's more, to set up these speeches as a contest presupposes that there might be an actual winner. But this sort of shallow, politics-as-a-game coverage only makes losers -- of the press and of the public."

The president's speech begins at 10 a.m. (eastern), to be delivered at the National Archives. Cheney's think-tank speech is scheduled to begin 45 minutes later, though if Obama goes long, I suspect the former vice president will delay his remarks for maximum media impact.

Post Script: Some emailers noted yesterday that Al Gore, had he delivered a major speech early on in the Bush/Cheney presidency, might have received similar media attention. It's hard to say for sure, since Gore bit his tongue for two years, as is consistent with the historical norms.

But I'd add, for the record, that Gore delivered some extraordinary speeches early in 2004 -- one at an event sponsored by MoveOn, the other at the New School in New York. Neither was covered live by the cable networks.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (28)

Bookmark and Share
By: Hilzoy

We're Doomed!

From the New York Times:

"Four men from upstate New York were arrested Wednesday night in what the authorities said was a plot to bomb two synagogues in the Bronx and shoot down military planes at Stewart Air National Guard base in Newburgh, N.Y.

The men were arrested around 9 p.m. after planting what they believed to be bombs in cars outside the Riverdale Temple and the nearby Riverdale Jewish Center, officials said. But the men did not know the bombs, provided by an informant with the Federal Bureau of Investigation, were fake.

The arrests capped what officials described as a "painstaking investigation" that began in June 2008 involving an F.B.I. agent who had been told of the men's desire to attack targets in America by a federal informant. As part of the plot, the men intended to fire guided stinger missiles at military aircraft at Stewart International Airport, officials said."

This raises the difficult question: what should we do with these would-be terrorists while they await trial? And if they are convicted, what then? I assume that if it's too dangerous to move people at Guantanamo to the United States, it must be much too dangerous to allow these jihadists to run loose in our prisons. After all, they might provide financing for other jihadists from their supermax cells, or radicalize other prisoners, or use special Terrorist Mind Control Techniques to create a whole army of brainwashed convicts under their complete control.

I'd suggest killing them, cutting them into pieces, and shipping their parts to parts unknown immediately (trials? who can afford trials under these circumstances?), if I weren't afraid that some hitherto unknown al Qaeda trick might allow their reanimated body parts to slither around in search of one another and, eventually, reconstitute themselves as the Islamofascist Undead. Earlier, I thought we should send prisoners into space, but that was before I realized that that would allow them to join forces with the Klingons.

In fact, I can't think of a single thing to do that would not make matters worse.

We're doomed.

Hilzoy 12:38 AM Permalink | Trackbacks | Comments (44)

Bookmark and Share
 
May 20, 2009

WEDNESDAY'S MINI-REPORT.... Today's edition of quick hits:

* The credit card bill is on its way to the president's desk.

* As expected, the Senate voted to deny funding, for now, to shut down Gitmo. The final vote was 90 to 6.

* Bloodshed in Baghdad: "A car bomb exploded Wednesday near several restaurants in a Shiite neighborhood of northwest Baghdad, killing 41 people and injuring more than 70, police and hospital officials said."

* Ahmadinejad announced this morning that "Iran had test-fired an upgraded surface-to-surface missile with a range of about 1,200 miles, according to the IRNA news agency."

* Nice to see Arlen Specter acknowledge publicly today, "The CIA has a very bad record when it comes to -- I was about to say candid, that's too mild -- to honesty."

* In a disappointing setback, marriage equality fell short in the New Hampshire state House today.

* Are Afghan security forces helping arm Afghan insurgents? It sure looks like it.

* On a related note, international aid to Afghanistan is made more difficult by systemic corruption.

* The creation of a Financial Markets Commission isn't getting the attention it deserves.

* Nice to see the estimable Ilan Goldenberg get a key job in the Obama administration.

* California's finances are a complete mess.

* Sen. Tom Harkin (D-Iowa) starts to play some hardball on an EFCA compromise.

* Gingrich said last night, "No one has suggested -- no one, even the most bitter partisan, has suggested -- that enhanced interrogation should be used on Nancy Pelosi." That's completely untrue.

* No one can take a stand for "traditional marriage" like Nevada Gov. Jim Gibbons (R).

* I like the idea of "jerrytaylor" becoming a verb.

* Sign of the times: Lawrence Roberts, investigations editor at the Washington Post, is headed for the Huffington Post.

* Impressive: "America's poor donate more, in percentage terms, than higher-income groups do, surveys of charitable giving show."

* The Heritage Foundation fact-checked a Media Matters fact-check. In response, Media Matters fact-checked the Heritage fact-check.

* And finally, Bill O'Reilly told viewers last night, "I consider myself a middle-class guy." Bill O'Reilly makes about $10 million a year.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (45)

Bookmark and Share

KEEPING THE DANCE GOING.... Digby had a nice summary of the annoying, ongoing "controversy" surrounding Speaker Pelosi: "Uhm, everyone recognizes that this Pelosi flap is a manufactured hissy fit, right? The point is to make the whole discussion of torture politically radioactive for Democrats in the same way that questioning the surge became radioactive after Betrayus. It's a classic political kabuki designed to twist the Democrats into pretzels."

That's clearly true, and just as importantly, Republicans have figured out how to keep the hysteria going, with new attacks every day, which immediately get amplified by reporters enjoying the "story" about Pelosi questioning the veracity of the CIA.

Today, Rep. Peter King (R-N.Y.), for example, said the Speaker has committed "a terrible slander against the leading intelligence service in the U.S at a time when we're fighting two wars," which in turn "makes it impossible for her to function." Newt Gingrich said Pelosi has shown "contempt for the men and women who protect our nation," and added that the Speaker's comments have increased the risk of a terrorist attack against the United States. (He seemed to be serious.)

Michael Gerson is on message, as is Rudy Giuliani. Sen. Kit Bond (R-Mo.) said today that Pelosi has launched a "massive attack on our intelligence community," and added that it's "outrageous" for the Speaker to "call our terror-fighters liars."

Now, I can't read their minds, obviously, but I suspect most of these hacks realize what they're saying is ridiculous, but have received instructions from the party and are doing their duty to attack the Speaker, whether it makes sense or not.

One of these days, though, it might occur to them, and the reporters keeping the story alive, that questions from lawmakers about the intelligence agencies' honesty aren't terribly unusual -- and plenty of Republicans have made remarks similar to Pelosi.

Steve M., for example, notes that in 2003, David Frum and Richard Perle wrote a book that argued:

... because the CIA, like all intelligence organizations, deals in lies, it all too easily crosses the line between lying abroad to protect the nation and lying at home to protect itself.

But this extends to the Hill, too. Rep. Peter Hoekstra, the leading Republican on the House Intelligence Committee, has not only accused the CIA of "lying," he's even initiated a congressional investigation into allegations that the CIA misled Congress about a 2001 incident in Peru.

Zachary Roth brought it all together this afternoon.

We really shouldn't have to do this. As we've said before, the idea that it's some kind of outlandish and unconscionable slur to point out that the CIA -- the CIA, for chrissakes! -- can sometimes be economical with the truth is absurd on its face. But the Republican attacks on Nancy Pelosi for daring to make that claim just keep coming, so it looks like we're going to have to point this out:

Shocking as it sounds, the GOP hasn't always been so sensitive about harsh criticism of the CIA -- including leveling the charge that the CIA is being deliberately deceptive -- when it's served the party's political interest.

Based on the palaver we've been hearing from Republicans lately, leaders of their own party have spent recent years "slandering" intelligence officials, showing "contempt" for the CIA, "attacking" the intelligence community, and increasing the risk of a domestic terrorist attack.

I know the GOP has perfected the art of manufactured hissy fits, but this one is unusually foolish.

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (30)

Bookmark and Share

QUOTE OF THE DAY.... I just loved this.

"No good purpose is served by allowing known terrorists, who trained at terrorist training camps, to come to the U.S. and live among us," said Rep. Lamar Smith of Texas, the senior Republican on the [House Judiciary Committee]. "Guantanamo Bay was never meant to be an Ellis Island."

Lamar Smith was so proud of this quote, it's the lead "story" on his House website this afternoon.

Over the past couple of weeks, Republicans have generally played fast and loose with the language, so as to not blatantly lie. They'll say, for example, that terrorists might "come to our communities," which might be technically true if you found a neighborhood within 100 miles of a supermax detention facility and defined it as a "community."

But Smith went the extra mile today, and warned of having terrorists "living among us," as if the Obama administration might just have al Qaeda members going to the movies, heading to the malls, and perusing the aisles of your local supermarket. Indeed, he compares the situation to immigration, as if we're welcoming huddled masses from Gitmo, yearning to breathe free, with open arms.

On a more serious note, Smith made the silly remarks during a hearing with FBI Director Robert Mueller, who, surprisingly enough, agreed that there may be some security concerns associated with bringing prisoners from Guantanamo Bay to U.S. soil, even if they're locked up in maximum-security prisons.

Specifically, Mueller raised the specter of terrorists of "radicalizing others." Presumably, the fear is, an al Qaeda member could start chatting up a serial killer, and then the terrorist's radical ideology might spread.

Now, I'll concede that I'm unfamiliar with the inner workings of a maximum-security detention facility. There may be practical difficulties in keeping specific prisoners isolated indefinitely.

But I'd like to hear more about this, because at first blush, the concern seems pretty unpersuasive. We're talking about the worst of the worst -- the kind of criminals who aren't going to get let out. Whether Khalid Sheikh Mohammed tries to chat up Timothy McVeigh* seems largely irrelevant -- neither of them are ever going to be released or get out on parole.

For that matter, at the risk of beating a dead horse, we already have Ali Saleh Kahlah al-Marri, Ramzi Yousef, Zacarias Moussaoui, and Richard Reid locked up on U.S. soil. Are we concerned with them potentially "radicalizing others"? By this logic, isn't it dangerous to have any prisoners in U.S. facilities who might harbor a radical ideology?

* Update: Yes, McVeigh was executed several years ago. My point wasn't really about McVeigh, per se, but about the possibility of Foreign Bad Guy A corrupting Domestic Bad Guy B. The example wasn't meant to be literal -- I don't think Khalid Sheikh Mohammed speaks enough English to chat up Americans anyway.

Steve Benen 3:45 PM Permalink | Trackbacks | Comments (45)

Bookmark and Share

KATRINA AND THE PUBLIC OPTION.... Congressional Republicans went after the public option in the Democratic health care plan with some of the rhetoric we heard during the presidential campaign:

"The federal government would run a health care system -- or a public plan option -- with the compassion of the IRS, the efficiency of the post office, and the incompetence of Katrina."

That's a cute little phrase, and I'm sure we'll be hearing it again and again in the coming months. That said, is it me, or is it strange to hear Republicans use the government response to Katrina as the quintessential example of incompetence? Isn't that the Democrats' line?

What's more, as Brian Beutler notes, the substance of the argument doesn't stand up well to scrutiny: "[T]he government fully runs one health care system -- the Veterans Health Administration -- and it's considered to be just about the best system in the country."

Quite right. In fact, the GOP talking point is as much an argument against the federal government doing literally anything as it is against a public option. (Look at the sentence again and replace "run a health care system" with "protect Americans' national security interests" to see how lazy this thinking is.)

For that matter, Republicans have learned the wrong lessons in response to the Katrina fiasco. The 2005 breakdown wasn't the result of flawed reliance on government support, it was the result of incompetent government. FEMA used to be extremely well run and fully capable of helping areas in need of disaster assistance. To hear the GOP tell it, government can't respond to a hurricane, so it certainly can't bring access to quality healthcare to Americans. In reality, it can do both with competent leadership in positions of authority.

The entire approach to attacking the public option is misguided. Matt Yglesias had a good piece on this yesterday.

The proposals currently before Congress would not, of course, create a government-run health care system. There is, however, a proposal to create a health care system that would include a widely available public health insurance option. The point of this would be to try and see if private industry actually can do better than a government-run insurance plan. After all, if the public option offered rationing and low-quality care, why would anyone sign up for it? Nobody would. That kind of low-quality public option would give private insurance nothing to fear. But what they really fear isn't that a public option would be bad, it's that it would be good -- putting effective cost-controls in place without compromising patient care, thus threatening private industry's business model.

That, however, is one of the best ways at our disposal to make health reform really work. A public option that strives to achieve public goals -- quality care at an affordable price -- will challenge private industry to do a better job. Then competition between plans will drive improvements in quality and efficiency. Without a public option, the risk is that private plans will compete by trying to screen out sick patients. That's a viable root to private sector profits, but it does nothing to improve quality or control costs.


Steve Benen 2:50 PM Permalink | Trackbacks | Comments (38)

Bookmark and Share
By: Hilzoy

We Dodged A Bullet!

From CNN:

"A top Mexican drug cartel suspect has been arrested along with 12 accomplices, including five women, federal authorities said. (...)

Rodolfo Lopez Ibarra, known as El Nito and believed to be a top lieutenant in the Beltran Leyva cartel, was arrested Monday at an airport in Nuevo Leon state, said the Mexican National Defense secretary.

Along with the suspects, officials said they also confiscated a Cessna 550 airplane, two cars, a large quantity of drugs and cash, firearms and a hand grenade. (...)

The Beltran Leyva cartel is one of the top drug organizations in Mexico, allied with the Gulf cartel in its battle against the Sinaloa organized crime syndicate. The Beltran Leyva group was formerly allied with the Sinaloa cartel, considered the largest drug-trafficking organization in the nation. The two other major drug organizations in Mexico are the Juarez and Tijuana cartels."

I am so, so very relieved that we didn't arrest Mr. Lopez Ibarra here in this country. Unlike Mexico, we do not have secure facilities here in the United States. We do have "prisons", but they are just a charade designed to lull unsuspecting citizens into complacency. In fact, all of our prisons were eliminated years ago as a result of Republican budget cuts. When Ebenezer Scrooge asked "Are there no prisons?", he was thinking of us.

I have it on good authority that the leaders of the Cali Cartel slip out for eight hours every day to pursue their boyhood dreams of working at Applebee's. Ramzi Yousuf rearranges his body into a highly diffuse gas, slithers between the molecules of his cell walls, and floats about in the sky above his supermax facility in Florence Colorado. The Blind Sheikh manages to bend steel bars through the sheer force of his faith, leaps through the opening onto a winged white horse, and he is taken to paradise, where, much to his disappointment, he is given bunches of grapes.

And he's blind! Just think what an actual drug kingpin could do, with all five senses intact and an army of henchmen at his back waiting to terrify the local citizenry. Thank God he was captured by a country that actually has secure prisons in which he can be safely locked away. The damage he might have wrought from the "confines" of a supermax "prison" in this country is too dreadful to contemplate.

Hilzoy 2:22 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

DIANE WOOD'S TRAVEL PLANS.... We haven't had any good scuttlebutt on possible Supreme Court nominees in a while. In fact, as searches go, this one has been pretty quiet and seen few, if any, leaks.

It's what made this report from ABC's Jan Crawford Greenburg pretty interesting.

Federal Appeals Court Judge Diane Wood, one of the leading contenders to replace David Souter, is in Washington today. The highly regarded Wood is here, ostensibly, to attend a legal conference at Georgetown. But the timing is curious, and here's why.

According to a student, she didn't teach her first-year civil procedure class at the University of Chicago Law School yesterday afternoon and provided no advance notice or explanation. That's apparently because she was flying to DC -- to attend the long-scheduled judicial conference, even though she is not on the program as a panelist or participant. [...]

[Wood] is among the top three prospects Obama is considering, along with Judge Sonia Sotomayor and Solicitor General Elena Kagan, sources tell me.... [O]f the three, Wood comes closest to meeting the criteria he has laid out in a justice. She could be his home run pick: She brings the intellectual heft and collegiality that would command respect on the Supreme Court, along with the life experiences that Obama has indicated he wants in his nominee. What's more, Obama knows her. They both taught at the University of Chicago Law School.

The Washington Post added that President Obama has "already sat down with" Wood, as part of the review of Supreme Court candidates.

For more on Wood and what she'd bring to the high court, Jeffrey Rosen has a good piece on her today.

Steve Benen 1:50 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share

STRONG SUPPORT FOR ROE RULING.... A couple of polls last week on abortion rights surprised much of the political world, especially an odd Gallup poll showing "pro-life" surging past "pro-choice" -- by a healthy margin -- for the first time in recent history.

The polls had a few flaws. Ron Chusid points out a new CNN poll that asked the abortion question in a more salient, and politically relevant, way.

The 1973 Roe versus Wade decision established a woman's constitutional right to an abortion, at least in the first three months of pregnancy. Would you like to see the Supreme Court completely overturn its Roe versus Wade decision, or not?

30% Yes, overturn
68% No, not overturn

Now, I realize the obvious danger of dismissing poll results I don't like as "outliers" and embracing poll results I do like as "reliable." That said, these new results from CNN certainly seem more in line with expectations and other Roe-related polls in recent years.

While it's interesting that "pro-life" numbers have improved, at least in some surveys, there are inherent ambiguities. Many, for example, might say they're personally "pro-life," but don't want to see the government mandate their beliefs on everyone else.

It's more important, then, to see that Americans strongly prefer to see the Roe precedent remain in place.

Steve Benen 1:10 PM Permalink | Trackbacks | Comments (14)

Bookmark and Share

MAYBE DURBIN READS POLITICAL ANIMAL.... Yesterday, I argued that if congressional Democrats were smart, they'd turn the Guantanamo Bay issue around and go on the offensive. They might even try to look at this the way Republicans would.

If the situations were reversed, and Dems resisted a Bush plan to bring Gitmo detainees onto U.S. soil, I suggested this would be the talking point: "If Democrats have proof that the nation's prisons are incapable of housing 241 suspected bad guys, or have evidence that these guards who protect us from the bad guys are untrustworthy, they should offer it. Otherwise, they should apologize to the wardens, guards, and security teams, who do important work day in and day out, and who've just been insulted."

A few hours later, Senate Minority Whip Dick Durbin (D-Ill.) was on the Senate floor, responding to Sen. Robert Bennett's (R-Utah) argument that U.S. prison guards would "have no idea what they're getting into" if Guantanamo detainees were held in U.S. prisons. Durbin responded:

"Some of my Republican colleagues argue that Guantanamo is the only appropriate place to hold the detainees and they said, and I quote, 'We don't have a facility that could handle this in the United States,' end of quote. And American prison guards, they went on to say, quote, 'have no idea what they're getting into,' close quote.

"Well, I would just say to my colleagues who made those statements, you ought to take a look at some of our security facilities in the United States, and you ought to have a little more respect for the men and women who are corrections officers and put their lives on the line every single day to keep us safe and to make sure that those who are dangerous are detained and incarcerated. The reality is that we're holding some of the most dangerous terrorists in the world right now in our federal prisons, including the mastermind of the 1993 World Trade Center bombing, the shoe bomber, the Unibomber, and many others." [emphasis added]

See? Was that so hard?

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (45)

Bookmark and Share

WEDNESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* The efforts of far-right bloggers to derail Charlie Crist's Senate campaign in Florida are off to a rough start. A Mason-Dixon poll shows Crist leading his GOP primary opponent, former state House Speaker Marco Rubio, 53% to 18%. The same poll shows the governor with huge leads over his likely Democratic opponents, though neither are well known statewide.

* It seems the two Republican senators from Kentucky really do hate each other. Yesterday, Sen. Jim Bunning (R) told reporters, "If Mitch McConnell doesn't endorse me that may be the best thing that could happen to me in Kentucky."

* As Norm Coleman continues to drag out his election defeat, the fiasco is taking its toll on Minnesota Gov. Tim Pawlenty (R), whose approval rating is down to just 44%.

* On a related note, a lobbyist who heads up a fundraising group for Coleman said this morning, "Is [the Senate seat] better empty than in Franken's hands? Hell, yeah."

* Judy Chu, vice-chairwoman of the California's Board of Equalization, appears to have won the special election yesterday to replace former Rep. Hilda Solis (D), who has joined the Obama administration.

* In New Jersey, a new Quinnipiac poll shows Gov. Jon Corzine (D) continuing to trail former U.S. Attorney Chris Christie (R), 45% to 38%. The same poll shows Christie pulling away from his GOP primary opponent, former Bogota Mayor Steve Lonegan. Last month, Christie led Lonegan by nine; this month, it's 56% to 33%.

* It's early, but Rep. Artur Davis' (D) gubernatorial campaign in Alabama is off to a promising start.

* And Sen. Kirsten Gillibrand's (D-N.Y.) potential primary opponents are quickly disappearing. Yesterday, Manhattan Borough President Scott Stringer, who had already formed an exploratory committee, ended his bid, citing President Obama's stated preference.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (12)

Bookmark and Share

STRUGGLING WITH SERIOUSNESS.... The Washington Times, a project of cult leader Sun Myung Moon, wants to be considered a real newspaper. It's candid about its conservative bias, but nevertheless believes it has something to contribute to the discourse. It even hires conservatives away from real news publications -- the Times is run by a conservative reporter who used to work at the Washington Post -- as part of its bid for credibility.

It's going to have to try a lot harder. David Weigel has a good catch this morning.

Kerry Picket of The Washington Times trekked to Baltimore to hear former Weatherman Bill Ayers speak yesterday and sparked an exchange that the paper is teasing on its op-ed page with a lot of huffing about Ayers's terrorist past ("His radicalism and chosen profession bring to mind Oscar Wilde's quip that, 'Everybody who is incapable of learning has taken to teaching.'"). Curiously, the paper doesn't mention what Picket actually asked Ayers about -- the conspiracy theory that he ghost-wrote President Obama's first book, "Dreams From My Father."

The Times' "reporter" suggested to Ayers that the former Weatherman "may have had a collaboration with "Dreams of [sic] My Father." When Ayers said that never happened, Picket asked again anyway.

The very idea that Ayers had some role in writing the president's first book has always been a bizarre conspiracy theory, peddled by unhinged right-wing activists during the presidential campaign.

And yet, there was the Washington Times, even now, hoping to probe the matter further.

The conservative paper has never really been perceived as a credible outlet, but the past few weeks have been especially painful. It published pictures of the president's daughters alongside a story about youth homicides; it's gotten key details wrong about Speaker Pelosi and the CIA; it's wrenched quotes from context to go after the president; it was even forced to issue a retraction of a factually-challenged editorial that hoped to prove how "unpopular" Obama is.

Perhaps the Times should just give up on the whole idea of being taken seriously?

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share

TALK ABOUT HOT AIR.... If you missed it, Ali Frick had a great item yesterday on Rep. Joe Barton's (R-Exxon) appearance on C-SPAN to discuss global warming. Barton, one of Congress' most ardent pollution supporters, turned in a performance that was a classic for the genre.

It's worth watching in full, but there were a couple of head-shaking quotes that stood out. Barton argued, for example, that carbon dioxide can't be a pollutant. "I am creating it as I talk to you," he said. "It's in your Coca-Cola, you're Dr. Pepper, your Perrier water. It is necessary for human life. It is odorless, colorless, tasteless, does not cause cancer, does not cause asthma."

He added, "[S]omething that the Democrat [sic] sponsors do not point out, a lot of the CO2 that is created in the United States is naturally created. You can't regulate God. Not even the Democratic majority in the U.S. Congress can regulate God."

Now, this isn't just about pointing and laughing at the fool. I'm bringing this up for two reasons.

First, Barton is not just some random right-wing blogger; he's not even just some random backbencher on the Hill. Republicans have made Barton the go-to guy on the House Energy and Commerce Committee, taking the lead on climate change policy for the House GOP caucus. It speaks volumes about the party's interest in global warming.

And second, this talk about small amounts of carbon dioxide is increasingly common in conservative circles, so it's probably worth noting how very silly it is. EPA regulations, as Kate Sheppard recently noted, are targeting "major industrial sources emitting at least 25,000 metric tons of carbon per year, as well as the transportation sector."

It's not about individuals speaking, or soft drinks, or "regulating God."

Steve Benen 10:35 AM Permalink | Trackbacks | Comments (52)

Bookmark and Share

THERE'S NO COMPARISON.... Tomorrow will feature two speeches on national security, one of which will matter. This piece, from the Politico's Mike Allen and Jim VandeHei, frames the two speeches in an unhelpful way.

President Barack Obama will attempt to regain control of a boiling debate over anti-terrorism policy with a major speech on Thursday -- an address that comes on the same day that former Vice President Dick Cheney will be weighing in with his own speech on the same theme.

The dueling speeches amount to the most direct engagement so far between Obama and his conservative critics in the volatile argument over what tactics are justified in detaining and interrogating suspected enemy combatants.

Look, there is no "duel." Setting these addresses up as some kind of book-end speeches is silly.

President Obama is the Commander in Chief in a time of two wars. He'll be delivering a lengthy speech about U.S. national security, his recent decisions on matters like Gitmo and military commissions, and where U.S. policy is headed.

Dick Cheney used to hold office, but he's now a cranky private citizen, who's taken it upon himself to undermine the current administration. He'll be speaking at a think tank about how right he thinks he was, all evidence to the contrary notwithstanding, and why he'd like to see the White House's decisions fall in line with his own.

One of these speeches is consequential. The other will be delivered by Dick Cheney. He may have been vice president, but compared to Obama's address tomorrow, Cheney's thoughts on national security are about as relevant as my thoughts on the issue.

Update: Mark Halperin loves this "Obama vs. Cheney" dynamic, doing two items on this, characterizing the speeches as some kind of boxing match between competitive heavyweights. Sigh.

Steve Benen 9:55 AM Permalink | Trackbacks | Comments (31)

Bookmark and Share

A LEADER WHO WON'T LEAD.... Hilzoy mentioned this overnight, but the more I think about it, the more I bang my head against my desk.

Senate Majority Leader Harry Reid (D-Nev.), responding to questions about the Senate's reluctance to fund the shutdown of the Guantanamo Bay detention facility, told reporters yesterday, "We will never allow terrorists to be released into the United States.... We don't want them around the United States." It led to this painful exchange.

REID: I'm saying that the United States Senate, Democrats and Republicans, do not want terrorists to be released in the United States. That's very clear.

QUESTION: No one's talking about releasing them. We're talking about putting them in prison somewhere in the United States.

REID: Can't put them in prison unless you release them.

QUESTION: Sir, are you going to clarify that a little bit? ...

REID: I can't make it any more clear than the statement I have given to you. We will never allow terrorists to be released in the United States.

"Can't put them in prison unless you release them"? What does that even mean? Isn't locking someone up the opposite of releasing them?

At this point, the only difference between Reid's ridiculous remarks and those of Sen. James Inhofe (R-Okla.) is that Reid is smart enough to know and acknowledge reality. Otherwise, the arguments are identical. In this sense, the Majority Leader's nonsense is considerably worse, and far more insulting.

To be sure, there was a reasonable argument for Senate skeptics to make here. Senate Majority Whip Dick Durbin (D-Ill.) said the administration should have requested the money with a more specific plan for transferring Gitmo detainees. "The feeling was at this point we were defending the unknown. We were being asked to defend a plan that hasn't been announced," Durbin said. "And the administration said, 'Understood. Give us time to put together that plan and we'll come to you in the next appropriations bill.'" Indeed, Robert Gibbs said yesterday that the lawmakers' move was not unreasonable.

But what Reid said -- repeating transparently wrong right-wing talking points -- was far different. That he repeated this nonsense the same day as a poll showed him struggling with voters in his home state is probably not a coincidence.

This isn't complicated. Reid is the leader of a Senate in which the minority party only has 40 votes. And yet, Reid isn't leading very well.

President Obama has asked Reid and his colleagues to shoulder a heavy burden, and work with the White House on some pretty monumental tasks. Is Reid ready to step up or not?

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (60)

Bookmark and Share

GO, SPEED READER, GO.... Conservative Republicans on the House Energy and Commerce Committee have threatened to do everything imaginable, and perhaps a few measures beyond imaginable, to delay progress on a Democratic climate-change bill. Most notably, Rep. Joe Barton (R) of Texas, arguably Congress' most enthusiastic fan of pollution, has raised the specter of forcing the committee to consider several hundred proposed amendments, all of which will fail, and all of which would be introduced solely to slow down the process.

To their credit, the committee's majority came up with a clever idea.

Democrats in the House Energy and Commerce Committee have taken a novel step to head off Republican efforts to slow action this week on a sweeping climate bill: Hiring a speed reader.

Committee Republicans, who largely oppose the measure, have said they may force the reading of the entire 946-page bill, as well as major amendments totaling several hundred pages. So far, Republicans have decided not to use the procedural maneuver, but Chairman Henry Waxman of California is prepared. [...]

A committee spokeswoman said the young man, who's doing door duty at the hearing as he awaits his possible call to the microphone, was hired to help career staff. After years of practice, the panel's clerks can certainly read rapidly, but she says the speed reader is a lot faster.

"A lot" is key here. Those of you who know me personally know that I tend to speak pretty quickly. But I'm a rank amateur compared to this guy, who speed reads professionally.

The new "staff assistant," who declined to give his name, told the WSJ, "Judging by the size of the amendments, I can read a page about every 34 seconds." That's damn impressive.

And under the circumstances, probably necessary. It's a huge bill, and by the speed-reader's estimation, he'd need about nine hours to read the entire thing.

Waxman intends to finish committee work by end of business tomorrow, so it can be sent to the floor by Memorial Day. That's certainly ambitious, if not wildly unrealistic.

Expect the speed reader to get a real workout.

Steve Benen 8:30 AM Permalink | Trackbacks | Comments (24)

Bookmark and Share

LT. COL. FEHRENBACH.... Rachel Maddow's introduction of the segment on Lieutenant Colonel Victor J. Fehrenbach last night told a rather remarkable story.

"[Fehrenbach is] an F-15 fighter pilot, 18-year veteran of the United States Air Force," Rachel explained. "On Sept. 11, Lt. Col. Fehrenbach was picked to be part of the initial alert crew immediately after the 9/11 attacks. The following years, in 2002, he deployed to Kuwait, where he flew combat missions over Afghanistan, attacking Taliban and al Qaeda targets. After the U.S. invasion of Iraq in 2003, Lt. Col. Fehrenbach deployed there, flying combat missions in support of mission Iraqi Freedom.

"Over the span of his career, he has flown 88 combat missions, including missions that were the longest mission sorties in the history of his squadron. He's logged more than 2,000 flying hours, nearly 1,500 fighting hours, 400 combat hours. Lt. Col. Fehrenbach is also highly decorated -- he's received nine air medals, including one for heroism. After 18 years of active duty in the Air Force, this experienced, decorated fighter pilot says he is ready and willing to deploy again. He's ready to do what his country and the United States Air Force ask of him."

Except, Fehrenbach will no longer able to serve, because the Air Force is kicking him out of the military because he's gay. This genuine American war hero, who's put his life on the line over and over again, and who the U.S. government has invested $25 million in training, is two years from retirement. Instead of thanking him for his extraordinary service, the country he's served with honor and distinction is firing him for his sexual orientation.

Just once, I wanted to hear someone explain why the United States is stronger, safer, and more secure with Lt. Col. Fehrenbach out of the military.

The news comes the same day as word from the Pentagon that officials have barely begun to review the policy.

This is not only unacceptable, it's inexplicable. In the midst of two wars, these decisions are nothing short of madness.

The White House continues to say the president supports repealing DADT, but is looking for Congress to change the law. Fine. In the meantime, as the LA Times reports today, the president has short-term alternatives: "Under the 'stop-loss' provision, Obama can issue executive orders to retain any soldier deemed necessary to the service in a time of national emergency, the report said. The president also could halt the work of Pentagon review panels that brand troops as gay and thus excluded from service, the report said. And Obama and his Defense secretary could revise discharge procedures, as allowed under the 1993 law banning gays in the military."

I realize the administration would catch some flak for this. Obama should do it anyway.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (43)

Bookmark and Share
By: Hilzoy

Coward

Oh, and Harry Reid? Try showing some courage. Try leadership. You never know; it just might suit you. This certainly doesn't:

"QUESTION: If the United States -- if the United States thinks that these people should be held, why shouldn't they be held in the United States? Why shouldn't the U.S. take those risks, the attendant risk of holding them, since it's the one that says they should be held?

REID: I think there's a general feeling, as I've already said, that the American people, and certainly the Senate, overwhelmingly doesn't want terrorists to be released in the United States. And I think we're going to stick with that.

QUESTION: What about in imprisoned in the United States?

REID: If you're...

(CROSSTALK)

REID: If people are -- if terrorists are released in the United States, part of what we don't want is them be put in prisons in the United States. We don't want them around the United States."

I'm disgusted, and ashamed of my party.

Hilzoy 1:12 AM Permalink | Trackbacks | Comments (30)

Bookmark and Share
By: Hilzoy

The Uighurs: Coda

Newt Gingrich talking to Chris Wallace on Fox News (h/t):

"WALLACE: Well, let me get -- let's take one example, the Chinese Uighurs, Chinese Muslims...

GINGRICH: Right.

WALLACE: ... who were arrested in Afghanistan, brought to this country. The Pentagon says they're not enemy combatants. At least one federal judge has said they're not a threat. But if they go back to China, they're going to be prosecuted.

GINGRICH: Why is that our problem? I mean, why -- what -- if the -- if the -- what -- what is it -- why are we protecting these guys? Why does it become an American problem?

WALLACE: So what, send them to China and...

GINGRICH: Send them to China. If a third country wants to receive them, send them to a third country. But setting this precedent that if you get picked up by Americans -- I mean, the Somalian who was recently brought here who's a pirate -- I mean, if you get picked up by the Americans, you show up in the United States, a lawyer files an amicus brief on your behalf for free, a year later you have citizenship because, after all, how can we not give you citizenship since you're now here, and in between our taxpayers pay for you -- this is, I think -- verges on insanity."

Obviously, we can't send them back to China. They would be tortured or killed there, and knowing that, we are forbidden under international law to send them there.

The Uighurs became our problem when we imprisoned them. We were the ones who set up a system whereby we paid bounties to people for turning in foreign fighters. We were also the ones who decided (pdf), against decades of precedent, not to hold Article 5 Tribunals to determine which of the people we captured were actually combatants and which were not. That is: we set up a system in which people had incentives to turn in the innocent, and then we decided that we could dismantle our normal systems for telling the innocent from the guilty.

We have kept these men in jail for seven and a half years. They have wives and families who spent (pdf) the first four years of their imprisonment not knowing whether they were dead or alive. Some of them have children they have never met -- children who are seven years old now. If this is not our problem, I do not know what is.

I was brought up to believe that when I made a mistake, I should admit it and try to do whatever I could to make it right. I think this is true of me, and I think that it is true of my country. We should not let innocent people languish in prison just because we are afraid, despite all evidence to the contrary, that they might do something bad. It's foolish -- it's not as though no one will be able to keep track of the Uighurs if they are released. But more than that, it's cowardly and ignoble.

I would hope that my country is better than that. I hope that we have the minimal decency not to allow ourselves to be convinced by demagogues that we should be afraid to admit our mistakes and try to make things right. I would hope that we would actually investigate charges that people were "trained mass killers instructed by the same terrorists responsible for killing 3,000 Americans on September 11, 2001" before we decided to let them rot in jail for no good reason.

I'd hope we would have the grace to do this even if the person making the charges wasn't someone who blamed liberals for a murder in which a woman cut another woman's abdomen open and stole her unborn child.

And I would hope that politicians would show some leadership and remind us that we are better than this. (Here I want to give a shout-out to Rep. James Moran, who has been very strong on this issue.) We do not have to be at the mercy of our most groundless fears. We do not have to let bullies like Newt Gingrich or blowhards like Jonah Goldberg dictate the terms of debate.

We can be better than that.

My main motivation for doing this is just the thought: the Uighurs are innocent, and they deserve better than this. But it's also worth noting what rides on this, and what is, I suspect, motivating some of the politicians who are using the Uighurs to score political points.

Barack Obama wants to close Guantanamo. To do so, he needs to find countries to take some of the detainees in. Many countries are quite understandably asking: if the United States won't take them in, why should we?

The Uighurs are the most obviously innocent of all the detainees. Uighur communities have offered to take them in and help them resettle. There are a lot of things in their favor. If Republicans block their release in this country, they can block the release of any detainee in this country. And if they do that, then the task of closing Guantanamo down will become much, much more difficult, perhaps impossible.

We should not let that happen without a fight.

Hilzoy 12:09 AM Permalink | Trackbacks | Comments (15)

Bookmark and Share
 
May 19, 2009
By: Hilzoy

The Uighurs: Compilation

This is a post compiling the questionable and/or false claims that have been made about the Uighurs. It contains a few things I have not said in any of my earlier posts, but its main purpose is to collect these points in one convenient location. I have tried to be thorough; those of you who are already bored with this topic might want to skip this one.

As before, I'm taking Newt Gingrich's column as my starting point, since it conveniently collects these false or questionable claims in one piece of irresponsible prose. Here are the claims Gingrich makes; I've added numbers to his claims for convenient reference.

"Seventeen of the 241 terrorist detainees currently being held at Guantanamo Bay are Chinese Muslims known as Uighurs. These Uighurs have been allied with and trained by al Qaeda-affiliated terrorist groups. (1) The goal of the Uighurs is to establish a separate sharia state. (2) (...)

At Guantanamo Bay, the Uighurs are known for picking up television sets on which women with bared arms appear and hurling them across the room. (3) (...)

By their own admission, Uighurs being held at Guantanamo Bay are members of or associated with the Eastern Turkistan Islamic Movement (ETIM) (4), an al Qaeda-affiliated group designated as a terrorist organization under U.S law. (...) (5)

Prior to 9/11, the Uighurs received jihadist training in Tora Bora, Afghanistan, a known al Qaeda and Taliban training ground. (6) What's more, they were trained, most likely in the weapons, explosives and ideology of mass killing, by Abdul Haq, a member of al Qaeda's shura , or top advisory council. (7) President Obama's own interagency review board found that at least some of the Uighurs are dangerous. (8) (...)

Even if you accept the argument made by their defenders that the Uighurs' true targets are Chinese, not Americans, it does nothing to change the fact that they are trained mass killers instructed by the same terrorists responsible for killing 3,000 Americans on September 11, 2001. (9)"

Taking these claims in order:

(1) "These Uighurs have been allied with and trained by al Qaeda-affiliated terrorist groups." The Uighurs deny that they were members of the East Turkestan Islamic Movement, which is the "al Qaeda-affiliated group" the government accuses them of being "affiliated" with. They were present at what is variously described as a camp or a village where Uighurs were trained by the ETIM. From this brief (pdf):

"The village itself was no more than a handful of houses bisected by dirt tracks. Each Petitioner, as well as five Uighurs who would later be determined non-combatants, lived in this village in October, 2001. In return for food and shelter, the Uighur men did odd jobs and manual labor. They helped build houses and a mosque."

The training consisted in being taught to assemble and disassemble a rifle, and (in some cases) firing a few rounds from it. From the same brief:

"In the village there was a single AK-47 Kalashnikov rifle and a pistol. Sixteen of the eighteen Uighurs (including all Petitioners and all five of the Uighurs later determined to be noncombatants) freely admit that they were shown the Kalashnikov, and how to assemble and disassemble the weapon. Some engaged in target practice. (Akhtar Qassim, later determined not to be an enemy combatant, shot three or four rounds.)"

From this CSRT transcript:

"Q. What other activities were going on at the camp?

A. There was no typical training, whoever volunteered, once in a while people would run or exercise. I would carry wood, water came from far away, bring stone to build houses.

Q. I want to make sure that I understand, you only trained on the rifle for two or three days between the time you arrived and the time you left the camp?

A. I don't remember the exact date, maybe June 10th or the end of June. One day they showed us an old rusty rifle for about a half hour. Then the second day we shot three to five bullets."

(2) "The goal of the Uighurs is to establish a separate sharia state." I have no idea which Uighurs Gingrich is talking about here, but the Uighurs in detention at Guantanamo have consistently denied this. To my knowledge, there is no evidence at all that it is true.

(3) "At Guantanamo Bay, the Uighurs are known for picking up television sets on which women with bared arms appear and hurling them across the room." According to their translator:

"Abbas, however, says that the detainee who went off on the TV has already been released to Albania and that it had nothing to do with any bare arms. Rather, he had repeatedly requested to speak to camp supervisors and had been ignored, so he chose to cause a scene."

No bare arms. Wrong detainee. Enough said.

(4) "By their own admission, Uighurs being held at Guantanamo Bay are members of or associated with the Eastern Turkistan Islamic Movement (ETIM)". -- Again, they have consistently denied this. From the Parhat decision (pdf), written by judges who (unlike me) have seen the evidence on which the government bases its allegation that Parhat was a member of ETIM:

"To support the contention that Parhat was "part of or supporting" ETIM, the government relies on evidence that comes almost entirely from Parhat's own statements and those of other Uighur detainees. Parhat stated that, when he decided to leave China, he headed for a Uighur camp, widely known in Xinjiang province, that was located in the Tora Bora mountains of Afghanistan. See CSRT Exhibit R7, at 1-2 (App. 51-52) (FBI interview report dated May 11, 2002). At the camp, he received training on a Kalashnikov rifle and a pistol, which "consisted of weapon disassembly and cleaning," Pet'r Br. 18 n.22 (quoting CSRT Exhibit R3, at 2 (App. 37))3; performed guard duty, see CSRT Exhibit R7, at 2 (App. 52); and helped to build a house, see CSRT Decision, encl. 3, at 6 (App. 24). He sought the training, he said, only to fight the Chinese government. Id. encl. 1, at 2 (App. 12); id. encl. 3, at 3-4 (App. 21-22).

Parhat testified that a man named Hassan Maksum, whom the government has identified as a leader of ETIM, was a leader at the camp. See id. encl. 3, at 6 (App. 24). Parhat maintains that the fact that Maksum was a leader of the camp is not enough to make it an "ETIM camp," and that the kind of activities in which Parhat participated at the camp are not enough to establish that he was "part of or supporting" ETIM. The government argues to the contrary."

The judges did not decide on the reliability of these allegations, since they found that the government's case was inadequate on other grounds: it did not establish that ETIM was associated with al Qaeda or the Taliban, or that it engaged in hostilities against the US or its coalition partners. Which brings us to:

(5) "the Eastern Turkistan Islamic Movement (ETIM), an al Qaeda-affiliated group designated as a terrorist organization under U.S law." ETIM is now affiliated with al Qaeda. Its leader has apparently been a member of the al Qaeda shura since 2005. In 2008, they issued a video threatening the Beijing Olympics. However, since the Uighur detainees were arrested in 2001, and since the organization has changed considerably in the intervening years, I have no idea what this has to do with them.

The US designated it as a terrorist group in 2002. At the time, independent observers seemed puzzled by this designation, and it was widely regarded as a concession made to the Chinese government in exchange for their not vetoing the Iraq war resolution in the Security Council, and generally acquiescing in our invasion of Iraq.

The Parhat decision (pdf) is, in my opinion, a good place to look for evidence that ETIM was affiliated with al Qaeda or the Taliban at the time. The government's evidence for this claim is laid out on pp. 18-22, and assessed on pp. 24-30. Apparently, it consists of four redacted documents and one interview with another detainee, who claimed that the Taliban provided the Uighurs with their camp. Taking the interview first: the Court finds two problems with it. First:

"Parhat's own statement was that the camp was given to the Uighurs by the "Afghani Government." CSRT Exhibit R6, at 1-2 (App. 49-50) (FBI interview report dated July 19, 2003).6 Of course, the Taliban was the "Afghani Government" in 2001, and not all entities provided with housing by that government -- which no doubt ranged from orphanages to terrorist organizations like al Qaida -- were "associated" with the Taliban in a sense that would make them enemy combatants."

Or, in short: that the Taliban gave the Uighurs a site to live on is a pretty weak reed on which to rest the claim that they are enemy combatants. Second:

"Although the report states that Basit said he had been told that the camp was provided to the Uighurs by the Taliban, Parhat's appellate counsel has called our attention to evidence from another Uighur's CSRT to the effect that the Uighur camp was actually in existence prior to the Taliban takeover of Afghanistan."

So even that weak reed might not exist.

The redacted documents are, of course, harder to assess, since they are, well, redacted. However, here's the judges' take:

"As Part III indicates, the principal evidence against Parhat regarding the second and third elements of DOD’s definition of enemy combatant consists of four government intelligence documents. The documents make assertions -- often in haec verba -- about activities undertaken by ETIM, and about that organization's relationship to al Qaida and the Taliban. The documents repeatedly describe those activities and relationships as having "reportedly" occurred, as being "said to" or "reported to" have happened, and as things that "may" be true or are "suspected of" having taken place. But in virtually every instance, the documents do not say who "reported" or "said" or "suspected" those things. Nor do they provide any of the underlying reporting upon which the documents' bottom-line assertions are founded, nor any assessment of the reliability of that reporting. Because of those omissions, the Tribunal could not and this court cannot assess the reliability of the assertions in the documents. And because of this deficiency, those bare assertions cannot sustain the determination that Parhat is an enemy combatant."

Moreover:

"Parhat contends that the ultimate source of key assertions in the four intelligence documents is the government of the People's Republic of China, and he offers substantial support for that contention. Parhat further maintains that Chinese reporting on the subject of the Uighurs cannot be regarded as objective, and offers substantial support for that proposition as well."

I have not seen the government's evidence. These judges have. The Chief Judge, David Sentelle, was appointed by Reagan; he voted to uphold the Military Commissions Act's suspension of habeas corpus for Guantanamo detainees. The other two judges were appointed by Clinton and George W. Bush. It's not what I would call a court full of liberals. But they found the evidence that ETIM was affiliated with al Qaeda or the Taliban while the detainees were at the camp inadequate.

(6) "Prior to 9/11, the Uighurs received jihadist training in Tora Bora, Afghanistan, a known al Qaeda and Taliban training ground." About the training: see (1) above. If occasional runs, half an hour with a rusty rifle, and shooting three to five rounds count as jihadist training, I guess I'm a jihadist, based on my sporadic attempts to get in shape and my experiences at Camp Thoreau when I was 10. (Yes, I did go to a camp called Camp Thoreau.)

About Tora Bora: the Tora Bora mountains cover a fair amount of territory. The Uighurs were not at the al Qaeda complex in the Tora Bora mountains, and I know of no evidence that they were in contact with them.

(7) "What's more, they were trained, most likely in the weapons, explosives and ideology of mass killing, by Abdul Haq, a member of al Qaeda's shura , or top advisory council." -- As noted above, Abdul Haq has been a member of al Qaeda's shura since 2005, four years after the Uighurs were detained. Thus, they were trained by someone who became a member of the shura four years later, but not by someone who was a member of the shura, or (as far as I can tell) of al Qaeda, at the time. (See the evidence in (5) above.)

They were not trained in "the weapons, explosives, and ideology of al Qaeda" (see (1) above.)

(8) "President Obama's own interagency review board found that at least some of the Uighurs are dangerous." There is no evidence that this is true.

(9) "they are trained mass killers instructed by the same terrorists responsible for killing 3,000 Americans on September 11, 2001." See (1) about their training, (4) about their connection to ETIM, (5) about ETIM's connection to al Qaeda and the Taliban at the time.

This is an incredibly serious accusation. There is no evidence whatsoever that it is true -- i.e., that the Uighurs were instructed by al Qaeda -- and a whole lot of evidence that it is false. If the government had any evidence that they had been instructed by al Qaeda, is it even remotely plausible that the Bush administration would have found that they were not enemy combatants? I don't think so.

Hilzoy 10:24 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share
By: Hilzoy

The Uighurs: 5

Ryan Grim at the Huffington Post talks to the Uighurs' translator, Rushan Abbas, about their reaction to Newt Gingrich's column:

"Gingrich pushed further in an op-ed, claiming that '[b]y their own admission, Uighurs being held at Guantanamo Bay are members of or associated with the Eastern Turkistan Islamic Movement (ETIM), an al Qaeda-affiliated group designated as a terrorist organization under U.S law."

No, they have never admitted that, says Abbas, adding that the Uighurs call the claim "baseless, factless slander against them." Abbas returned from Guantanamo Monday. She now works with the Uighurs' defense attorneys.

The Uighurs call relatives in the United States and Europe often, she says, so stay up on the news. They were surprised to hear the accusation from the former Speaker of the House.

"Why does he hate us so much and say those kinds of things? He doesn't know us. He should talk to our attorneys if he's curious about our background," Abbas relates. "How could he speak in such major media with nothing based in fact? They were very disappointed how Newt Gingrich was linking them to ETIM which they never even heard of the name ETIM until they came to Guantanamo Bay."

The Uighurs are apparently under the misconception that American columnists are fact-checked for accuracy. "They just cannot understand," she says. "How come the media doesn't even verify the story? How could they just publish something like that without checking whether what he says is true or not?""

Beats me.

Grim also says this about the story about the Uighurs smashing a TV set that showed a woman with bare arms:

"Abbas, however, says that the detainee who went off on the TV has already been released to Albania and that it had nothing to do with any bare arms. Rather, he had repeatedly requested to speak to camp supervisors and had been ignored, so he chose to cause a scene. Scandling said Wolf's account of the TV smashing came from a story in the L.A. Times."

I had heard that as well, after writing my last post on the subject, and was waiting for confirmation before publishing it. Note not just that neither an objection to bare arms nor any other sort of Islamic fundamentalist anything had anything to do with it, but also that the detainee in question is presently living peaceably in Albania.

That means that even if you don't think, as I do, that it is perfectly understandable that someone who had been imprisoned unjustly for seven and a half years might throw a TV to the ground in frustration, and even if you overlook the many US citizens who have tossed the odd appliance around during (say) a bar fight without thereby showing themselves to be terrorists, there is no need to worry about any TV-throwing Uighurs being released into the US. The only Uighurs still in Guantanamo have never thrown any TVs at all.

I can only hope that I would have shown that much forbearance.

Hilzoy 6:15 PM Permalink | Trackbacks | Comments (10)

Bookmark and Share

TUESDAY'S MINI-REPORT.... Today's edition of quick hits:

* It could have been better, but it's not a bad bill: "The Senate voted overwhelmingly on Tuesday to put new restrictions on the credit card industry, passing a bill whose backers say will make card-issuers spell out their terms in fewer words, using plain English, and treat customers more fairly." The vote was 90 to 5.

* The White House event on fuel efficiency and car emissions sounded very encouraging.

* Lt. Gen. Karl W. Eikenberry, the new American ambassador to Afghanistan, met today with Afghan survivors of a recent bombing to promise renewed efforts to prevent civilian casualties.

* Congressional balking notwithstanding, the administration still plans to shut down Gitmo in January.

* Hillary Clinton is looking for $110 million in emergency humanitarian aid to Pakistan.

* Speaker Pelosi's concerns about the CIA appear more and more believable all the time.

* The administration is slow-walking the repeal of Don't Ask, Don't Tell, but at least it's not going to defend the policy in court.

* Margaret Hamburg, a bioterrorism expert, has been confirmed as the new commissioner of the Food and Drug Administration. The Senate approved the nomination late yesterday on a voice vote.

* The details are a little fuzzy, but it seems that Zalmay Khalilzad is poised to get a very powerful role in the Afghan government. (Update: Or, perhaps not.)

* Barney Frank. Michele Bachmann. CNN. Ugh.

* I'm often unimpressed with Lanny Davis, but he's reached the right conclusion about Cheney.

* People tend to like the idea of transparency, but it doesn't always poll well when specific issues are on the line.

* Rumsfeld doesn't seem pleased with the GQ piece.

* Hey look, a new Michael Steele controversy. Just what he needed.

* It's ironic to hear Joe Scarborough complain about people being too "dumb" to be on TV.

* Krugman offers the Quote of the Day: "Look for the golden age of conservative intellectualism in America, and you keep going back, and back, and back -- and eventually you run up against William Buckley in the 1950s declaring that blacks weren't advanced enough to vote, and that Franco was the savior of Spanish civilization."

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (30)

Bookmark and Share

ANOTHER NCNA 'EXPERT'.... Maybe GOP leaders are confused about the whole "rebranding" concept.

Former House Speaker Newt Gingrich has signed on to the latest high-profile effort to re-brand the Republican Party -- but don't expect to see him take a major leadership role for the National Council for a New America, or make a starring appearance at any of the events on the group's national tour.

Organizers of the effort, spearheaded by House Minority Whip Eric Cantor, originally told reporters that Gingrich had not been included in the newly-launched group because his 527, American Solutions, was a partisan entity. (The organization describes itself as a "tri-partisan" network.)

Gingrich supporters dismissed that explanation, pointing out that Mitt Romney -- a member of the NCNA's panel of experts -- headed the explicitly partisan Free and Strong America PAC, which donates to GOP candidates.

Apparently there's some behind-the-scenes drama about Romney wanting to snub Newt. Whatever.

The more interesting angle to me is the assembled group of GOP leaders who will help "rebrand" the party. We have a 72-year-old failed presidential candidate (McCain), a failed president's brother (Jeb Bush), another failed presidential candidate (Romney), and a disgraced former House Speaker who left office more than a decade ago after getting the boot from his own Republican caucus (Gingrich).

I'm not a marketing expert, but I was under the impression that rebranding efforts generally involved offering something (or someone) new and fresh.

To be fair, Cantor, Jindal, and Palin are part of a new generation of conservative GOP leaders, and they're all involved in this endeavor. But when assembling high-profile figures to help get the Republican Party back on track, what genius thought it was wise to invite McCain, Bush, and Gingrich to the get-together? Maybe it was the same genius who thought it was a good idea to host the NCNA's outside-the-Beltway event inside the Beltway. Or perhaps it was the genius who decided the American taxpayers should subsidize the entire partisan effort.

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (12)

Bookmark and Share

KENNEDY'S CANCER IN REMISSION.... A friend told me this afternoon, "God clearly wants health care reform to happen." It was in reference to the good news from the Hill.

Sen. Edward Kennedy's brain cancer is in remission and the Massachusetts Democrat is expected back in the Senate after the Memorial Day recess, according to Senate Majority Leader Harry Reid.

Sen. Reid (D-Nev.) said Tuesday that he spoke with Kennedy's wife and was told the 77-year-old lawmaker will return to work full time during the first week of June.

Kennedy, the chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee has been mostly absent from the chamber for the past year, recovering in Florida and Massachusetts. He is expected to lead a markup of highly anticipated health reform legislation in his first month back -- one of the biggest bills of the year and a signature domestic initiative for President Obama.

Kennedy will reportedly receive a few more treatments before returning to work in June, but Reid told reporters, "He's doing fine."

The Politico added, "Reid gave Kennedy an office right next to the Senate chamber at the beginning of this session of Congress so he could be close to the floor to work on his signature initiative -- health care reform -- and it looks like he'll have a chance to be fully engaged when that debate heats up this summer."

Sen. Tom Harkin (D-Iowa), a senior member of the Senate Health, Education, Labor and Pensions Committee, added that Kennedy will chair the committee markup on the health care bill upon his return.

Steve Benen 4:00 PM Permalink | Trackbacks | Comments (21)

Bookmark and Share

HOW MAVERICKY.... Even during the 2008 presidential campaign, no matter how far he shifted to the right, John McCain was generally pretty good about acknowledging the climate crisis. "We need a successor to Kyoto, a cap-and-trade system that delivers the necessary environmental impact in an economically responsible manner," McCain said in 2008.

Now, the specifics of McCain's cap-and-trade proposal were pretty absurd -- it was basically cap and trade without the cap -- but at least he'd occasionally talk a good game. Now, the Arizona Republican is poised to help kill a compromise measure that the nation really needs.

Sen. John McCain now appears to oppose climate-change legislation, an abrupt switch that could seriously threaten any movement on such a bill.

"Nearly 1000 page Climate Change legislation -- appears to be a cap & tax bill that I won't support," McCain wrote in a Twitter message Monday, a reversal of the position he took on the Senate floor in March.

Two months ago, McCain and his close friend Sen. Lindsey Graham, the South Carolina Republican, took the floor in strong support of climate-change legislation. This marked a return to form for McCain, who co-sponsored a 2002 climate-change bill with longtime friend Sen. Joseph Lieberman (I-Conn.), but had tamped down his rhetoric during the 2008 presidential campaign.

"Let me just say to my colleagues, I'm proud of my record on climate change," McCain said in March. "I've been all over the world and I've seen climate change, and I know it's real, and I'll be glad to continue this debate with my colleagues and people who don't agree with that."

Keep in mind, while reconciliation rules are in place for health care, center-right Democrats made it so that Republican obstructionism can kill climate-change legislation. To get to 60, Dems are going to need quite a few votes from those handful of Republicans who take science and global warming seriously.

McCain was supposed to be one of them. That now appears unlikely.

McCain had an opportunity to help bolster his tarnished reputation, regaining the stature he enjoyed after the 2000 campaign. Instead, he's throwing the opportunity away. He's gone through a variety of personas over the years, but it now seems he's sticking with the one rejected by the country in 2008.

Steve Benen 3:45 PM Permalink | Trackbacks | Comments (12)

Bookmark and Share

FROM A DIFFERENT ANGLE.... Joe Klein laments the latest nonsense on Gitmo.

Guantanamo is a symbol of American brutality that needs to be expunged to the extent possible by closure, as soon as practicable. We have a system of military prisons that would be perfectly adequate to handle the detainees who are not returned to the home countries. Apparently, President Obama is going to give a speech on this topic on Thursday -- but the Senators just couldn't wait 48 hours while the Republicans and cable newsistas were scaring their constituents. Yet another profile in courage.

I agree with all of this, but it got me thinking about how this debate would go if the situations were reversed, and it was a Republican president trying to close the detention facility and it was (primarily) Democrats engaged in silly demagoguery. What would Hannity, Limbaugh, and GOP leaders on the Hill be saying under those circumstances?

* Democrats believe in the midst of two wars and an ongoing terrorist threat, national security decisions should be made by 535 lawmakers instead of the Commander in Chief.

* Democrats don't trust the U.S. military to be able to lock up a couple of hundred nuts.

* If Democrats are scared of these detainees being locked up on U.S. soil, it's up to them to figure out what to do with the terrorists who are already detained in supermax facilities.

* If Democrats have proof that the nation's prisons are incapable of housing 241 suspected bad guys, or have evidence that these guards who protect us from the bad guys are untrustworthy, they should offer it. Otherwise, they should apologize to the wardens, guards, and security teams, who do important work day in and day out, and who've just been insulted.

It's pretty easy, actually. Instead, Dems seem to be afraid of the GOP attacks. It's frustrating to watch.

Steve Benen 3:20 PM Permalink | Trackbacks | Comments (23)

Bookmark and Share

CHANGE COMES 'IN A TEA BAG'.... RNC Chairman Michael Steele's speech to committee members was this afternoon, and I believe it was aired live on all three cable networks. Viewers got to hear Steele's Greatest Hits, including an attack on ACORN, a shot at EFCA, and even a reference to the Fairness Doctrine. I wish I were kidding.

But here's the quote that you're likely to see quite a bit more of:

"Those of you who actually attend Lincoln Day dinners, and county party events, those of you who toil in the vineyards, spending time in communities, in diners, in barber shops, and in coffee shops where real, every day people can be found. You know it is real. You can see it and feel it.

"This change, my friends, is being delivered in a tea bag. And that's a wonderful thing."

Remember when Steele recently described himself as "the gift that keeps on giving"? He wasn't kidding.

On a more serious note, the RNC chairman also vowed, "The Republican Party is again going to emerge as the party of new ideas." He then proceeded to note exactly zero new ideas.

Now, in fairness, it's not Steele's job to craft these policy proposals; his is not a policy job. But it reinforces the problem of a bankrupt GOP agenda.

If Steele is going to tell a national television audience that the Republican Party is going to be the party of new ideas, only to suggest they'll let us know when they eventually think of something, there's a fundamental flaw in the pitch.

Update: After the speech, MSNBC's Andrea Mitchell asked former Republican Rep. Chris Shays what "new ideas" Steele had proposed. Shays responded, "I didn't hear any new ideas. But that's the point -- I mean, we need to be talking about ideas."

Or, put another way, "We'll be the party of new ideas just as soon as we think of some new ideas. In the meantime, socialism, handshake, 9/11."

Steve Benen 2:40 PM Permalink | Trackbacks | Comments (33)

Bookmark and Share

CONTINGENCY PLANS.... Jon Chait ponders a scenario I've been kicking around.

I'm not saying the economy will recover or that Obama will stay popular. Quite possibly, four years from now we could still be mired in a worldwide depression and Obama could be facing dismal -- who knows, even Bush-like -- popularity ratings. The world is unpredictable. But isn't there a pretty decent chance that the economy will have recovered, and Obama's policies will look fairly wise in retrospect? Do Republicans want to make any political plans for this contingency?

The answer, I suspect, is "no." In fact, I'm not even sure if the GOP has given itself any feasible options.

If Obama remains popular, Republicans assume that Democratic congressional candidates will do fairly well and the president will win a second term in 2012. If conditions deteriorate and Obama's popularity crumbles, Republicans assume that they'll be well positioned to take advantage.

In this dynamic, there's no upside to cooperating with the president, because there's minimal payoff. Republicans are limited to a strategy based entirely on "hope" -- hope that the country is worse off, hope that the president fails, hope that voters see the GOP as a credible alternative should everything fall apart.

I'm not even sure what choice the party has. One path has Republicans growing up, rediscovering the benefits of taking policy matters seriously, presenting a sane agenda, and engaging in good-faith cooperation with the majority on key policy measures. This probably wouldn't do much to bring down the president, but it would position the GOP to present itself as a reasonable, mainstream alternative. Under this scenario, many who left the Republican Party might be willing to give it a second look, which would give the GOP stronger long-term prospects.

But the party is almost certain to ignore this path, in large part because the shrunken party base won't consider it.

So they're left with several eggs, one basket, and no contingency plans in the event of Obama success.

Steve Benen 2:05 PM Permalink | Trackbacks | Comments (40)

Bookmark and Share

ELIMINATING THE SECURITY GAP.... Struggling in most areas of public policy, most notably the economy, Republicans have gone after President Obama on national security grounds -- the one area that has favored the GOP in recent years. It's led to a multi-prong offensive on everything from handshakes to Gitmo to torture.

And based on one new study, it's not working.

A new Democracy Corps poll released by Greenberg Quinlan Rosner today shows that after 100 days in office, President Barack Obama has, at least for now effectively erased doubts that Americans have historically harbored about the Democratic Party's vision and competence on national security.

For the first time in our research, Democrats are at full parity on perceptions of which party would best manage national security, while they have moved far ahead of the GOP on specific challenges such as Afghanistan, Iraq, working with our allies, and improving America's image abroad.

Nearly two-thirds of likely voters -- 64 percent -- approve of the job Obama is doing on national security. That is 6 points higher than his already strong overall job approval rating (at 58 percent, the highest we have yet recorded). On other aspects of national security -- from Iraq, to Afghanistan, to terrorism, to the president's foreign diplomacy -- the same is true: higher job approval ratings than on the President's overall job approval.

Given their approval of the president's performance on foreign affairs, voters flatly reject the claims from former Vice President Cheney and other Republicans that Obama's policies put America at risk. By nearly a 2 to 1 margin, Americans say that President Obama is doing better, not worse, than his predecessor, George W. Bush, when it comes to national security.

In fairness, Democracy Corps is a Democratic outfit, and Stan Greenberg, who conducted the survey, is a Democratic pollster.

But the results don't seem necessarily tilted. In fact, Obama's approval rating in the poll (58%) is lower than in most other national surveys of late.

If accurate, the numbers show the GOP losing its one key policy advantage. While the poll shows Americans preferring Republicans on "ensuring a strong military," Dems now lead on U.S. policy in Afghanistan, in Iraq, and in foreign policy in general. Asked which party they prefer on counter-terrorism, the two parties were tied.

A narrow majority of Americans said Bush's policies "undermined" U.S. security interests, and a large majority said Obama is doing better than his predecessor on national security.

Joe Klein added, "[W]e should not underestimate the significance here: Obama is trying to do something far more complicated and sophisticated than Bush--comprehensive diplomacy takes time and great skill. It doesn't have the immediate satisfactions of a bang-bang, three-week rush to Baghdad.... But, for the moment, the American people seem content with a more nuanced foreign policy, which is very good news, indeed."

Steve Benen 1:25 PM Permalink | Trackbacks | Comments (10)

Bookmark and Share

THEY NEVER LEARN.... At some point a few weeks ago, Republicans decided that the closing of the detention facility at Guantanamo Bay was a political winner. They'd rant and rave about the Obama administration putting terrorists in U.S. "neighborhoods," and Democrats, the theory goes, would back away from a sensible policy.

The argument was absurd, of course, and I'd hoped congressional Democrats would ignore the fearmongering. It looks like the minority party still knows exactly how to push the majority party's buttons.

President Barack Obama's allies in the Senate will not provide funds to close the Guantanamo Bay prison next January, a top Democratic official said Tuesday.

With debate looming on Obama's spending request to cover military and diplomatic operations in Iraq and Afghanistan, the official says Democrats will deny the Pentagon and Justice Department $80 million to relocate Guantanamo's 241 detainees. [...]

It appears to be a tactical retreat. Once the administration develops a plan to close the facility, congressional Democrats are likely to revisit the topic, provided they are satisfied there are adequate safeguards.

So, this isn't a total collapse in the face of Republican complaints, just a temporary collapse, to be reconsidered later.

As for Republicans, who used to believe the Commander in Chief had complete and exclusive authority over these matters, Sen. James Inhofe (R-Okla.) is still pushing a measure to block any and all Gitmo detainees from stepping foot on U.S. soil, for a trial or for their detention. His GOP colleagues are enthusiastic about the measure.

How pathetic. Inhofe may be criminally dimwitted, but even he probably realizes that there are already plenty of terrorists serving out sentences in American facilities, which are awfully good at keeping bad guys locked up for life. Can't GOP lawmakers pretend to be grown-ups on this?

Steve Benen 12:40 PM Permalink | Trackbacks | Comments (36)

Bookmark and Share

TUESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* The bad news for Senate Majority Leader Harry Reid (D-Nev.) is that a new Mason-Dixon poll, conducted for the Las Vegas Review-Journal, shows the senator with weak support the year before his re-election bid. The good news for Reid is that Republicans still can't find a credible challenger.

* In light of Brian Moran's latest push, Terry McAuliffe's gubernatorial campaign in Virginia has a new video with evidence that he really did support President Obama's general-election campaign last year.

* Even before the state Supreme Court's consideration of the case, a majority of Minnesotans want to see former Sen. Norm Coleman (R) concede to Al Franken immediately. The same Rasmussen poll showed a 67% majority wants to see Gov. Tim Pawlenty (R) sign Franken's election certificate if Coleman loses at the state Supreme Court.

* Merrick Alpert, a former aide to Al Gore and an Air Force officer in Bosnia, announced yesterday that he'll challenge Sen. Chris Dodd in a Democratic primary in Connecticut next year.

* Let's just summarize the latest Rasmussen poll in New York quickly: Gov. David Patterson (D) would easily lose to his likely Republican challengers, while state Attorney General Andrew Cuomo (D) would easily win those same match-ups.

* Sen. Lindsey Graham (R-S.C.) ran into some Ron Paul fans at the state Republican convention the other day, who didn't like it when Graham said, "Ron Paul is not the leader of this party.... I'm not going to give this party over to people who can't win."

* And Republicans may not agree with Bruce Springsteen's liberal politics, but that doesn't mean they mind exploiting his popularity for GOP fundraising efforts.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (13)

Bookmark and Share

NO ONE COULD HAVE IMAGINED.... A major insurance company, trying to undermine health care reform efforts? You don't say.

One week after the nation's health insurance lobby pledged to President Obama to do what it can to constrain rising health costs, Blue Cross Blue Shield of North Carolina is putting the finishing touches on a public message campaign aimed at killing a key plank in Obama's reform platform.

As part of what it calls an "informational website," the company has hired an outside PR company to make a series of videos sounding the alarm about a government-sponsored health insurance option, known as the public plan. Obama has consistently maintained that a government-run plan, absent high-paid executives and the need for profits, could be a more affordable option for Americans who have trouble purchasing private insurance. The industry argues that creating a public insurance program will undermine the marketplace and eventually lead to a single-payer style system.

In three 30-second videos, the insurer paints a picture of a future system in which patients wait months for appointments and can't choose their own doctors, according to storyboards of the videos obtained by the Washington Post.

The Media Matters Action Network put together a very thorough take-down of the BlueCross BlueShield of North Carolina's "desperate attempt to deceive," with plenty of details about the company's background, and why the company's anti-reform ads are wrong.

I'd just add, though, that the larger effort is sticking closely to the script put together by their Republican consultant, Frank Luntz, with the same deceptive arguments about rationing and long-wait times. (Have I mentioned lately that the status quo already includes rationing and long-wait times?)

Lee Fang added, "Luntz, Blue Cross Blue Shield, and groups like Conservatives for Patients' Rights are all attacking a public health care option with the debunked notion of "rationed care." But of course, Obama's health care plan option is just that, optional. If Americans prefer having insurance companies determine their treatments and costs, no one is forcing them to change. Opponents of reform would prefer to have a monopoly over health care, because the status quo is still quite profitable."

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (29)

Bookmark and Share

IT'S ALL STRATEGIC.... Republican National Committee members will get together for a big meeting starting today, and high on the agenda is a resolution to beg the Democratic Party to change its name. Can't you just smell the comeback?

As part of the gathering, RNC Chairman Michael Steele has a new column in the Politico arguing that "Republicans are turning a corner." (As I recall, Steele said the exact same thing right before the GOP lost the special election in New York's 20th.)

[T]he Republican Party will be forward-looking -- it is time to stop looking backward. Republicans have spent ample time re-examining the past. It has been a healthy and necessary task. But I believe it is now time for Republicans to focus all of our energies on winning the future by emerging as the party of new ideas.

As part of the Republicans' new-found commitment to a "forward-looking" approach, Steele explains, "The Republican Party has turned a corner, and as we move forward Republicans should take a lesson from Ronald Reagan. Ronald Reagan always believed Republicans should apply our conservative principles to current and future challenges facing America. . For Reagan's conservatism to take root...."

I see. Steele believes "it is time to stop looking backward," and time to start thinking about the approach embraced by the Republican president who left office 20 years ago. A "forward-looking" approach in 2009, Steele argues, is an emphasis on the mid-1980s.

But it's not just the op-ed.

Republican National Committee Chairman Michael Steele will call for an end to the "era of apologizing" in the GOP and urge his fellow party members to "focus all of our energies on winning the future" in a speech today to a gathering of RNC officials in Maryland.

There was an "era of apologizing" in the Republican Party? And I missed it? That's a shame; I would have enjoyed hearing more Republicans apologize for the consequences of their failed attempts at governing.

Steve Benen 10:25 AM Permalink | Trackbacks | Comments (43)

Bookmark and Share

PELOSI'S POPULARITY.... The headline makes it sound like the public has turned on House Speaker Nancy Pelosi: "CNN Poll: Pelosi facing Gingrich-like approval ratings." The truth is a little less alarming.

As Nancy Pelosi continues to face a firestorm over what she may have known about aggressive government interrogation techniques, and when, a new survey has more unpleasant news for the House Speaker.

Nearly half of all Americans -- 48 percent -- disapprove of how the California Democrat she is handling her job as Speaker of the House in a CNN/Opinion Research Corporation poll released Monday, while 39 percent approve of her performance.

The headline about Pelosi's "Gingrich-like approval ratings" comes from the fact that Gingrich, in his first year as Speaker, had a 37% approval rating, which is just slightly behind Pelosi's rating now.

But that's not the whole story. In 1995, Gingrich's first year, Americans were just learning who he was and what kind of "leader" would be. Pelosi, however, has already been Speaker for more than two years. In an apples-to-apples comparison -- Pelosi after two years vs. Gingrich after two years -- the California Democrat is nowhere near "Gingrich-like approval ratings." Pelosi is at 39%, while the disgraced Georgia Republican was at 25%.

What's more, I have a follow-up question (or two) for CNN: if Gingrich is the template for wildly unpopular politicians, why is it that every time Newt Gingrich pops off, CNN treats it as an important political development? Indeed, the guy's been out of office for more than a decade. If he set a low bar in the 1990s, and it's considered a humiliation to have support anywhere near his in-office poll numbers, then why does CNN place so much significance in his random and incoherent screeds?

Steve Benen 9:45 AM Permalink | Trackbacks | Comments (27)

Bookmark and Share

PRICE IS RIGHT.... We haven't had a good dust-up in a while between a Republican official and Rush Limbaugh, so yesterday was a sight for sore eyes.

Rep. Tom Price, a very conservative Republican from Georgia, chatted with MSNBC's Joe Scarborough about the Republican Party tolerating a variety of views. Scarborough, a former Republican member of Congress, mentioned that Limbaugh wants to see Colin Powell leave the GOP altogether. Price responded, "Look, it's not up to Rush Limbaugh to decide who ought to be in the Republican Party."

Pressing further, Scarborough asked whether Limbaugh and Dick Cheney are "better Republicans" than Colin Powell. Price replied, "No, goodness," prompting the host to add, "God bless you, Congressman. God bless you."

Limbaugh wasn't pleased.

"How in the hell can you say that Dick Cheney is worse for the Republican Party than Colin Powell? It was Colin Powell who endorsed Barack Obama after the Republican party gave Colin Powell the exact kind of nominee he claims to want. [...]

"The Vice President gets results! Do you not see what Dick Cheney was able to pull off last week? You basically have the Bush policy on Gitmo and interrogations intact.... And [Price] says that Dick Cheney is not as good a Republican as Colin Powell is?"

Price, for what it's worth, didn't exactly say that Cheney is worse for the party than Powell, he said Cheney isn't a "better Republican" than Powell. Nevertheless, Cheney really is worse for the GOP than Powell since Americans seem to like Powell, while voters are generally repulsed by the former vice president. It's why Scarborough wants to "bless" Price -- the MSNBC host wants to encourage more Americans to identify with his party.

As for Cheney getting "results," the Bush policy on "Gitmo and interrogations" isn't "intact"; it's the opposite. Obama, despite resistance, hasn't changed his position on closing the detention facility, and also hasn't wavered from scrapping the Bush/Cheney torture policies altogether.

Indeed, that's the point of the "controversy" -- Republicans are furious that the Bush/Cheney approach hasn't been left "intact."

Limbaugh does pay attention to current events, doesn't he?

As for Price, he hasn't apologized to the right-wing talk-show host, but if recent history is any guide, he'll backpedal fairly soon.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (12)

Bookmark and Share

LEARNING THE WRONG LESSONS.... I don't want to dwell on the controversy surrounding Maureen Dowd using content from TPM without attribution, but some on the right are using the incident to draw the wrong conclusion. A prominent conservative site called Hot Air, a project created by Michelle Malkin, considers the incident evidence of media bias.

After noting a recent blog post at the Anchorage Daily News that quoted the Daily Kos without attribution, Hot Air complains:

This makes twice in the span of four days that a major newspaper's been caught cribbing material from nutroots blogs, which stands to reason. According to a survey of more than 200 journalists recently conducted at BYU, "despite equal awareness [of lefty and righty blogs], journalists spend more time reading posts in the liberal blogosphere." Contain your surprise. [...]

[Journalists are] taking more than just ideas, champ. In fact, the beauty of MoDo's snafu is that not only does it show a major player in the media being led around by nutroots talking points, it involves her lifting stuff from a blog that's actually called "Talking Points." Glorious.

DougJ noted how amusing it is to see "a blog called 'Hot Air' making fun of another blog for being called 'Talking Points.'"

Nevertheless, the larger point is a subject that comes up from time to time. Media professionals who admit to referencing blogs seem more likely to rely on liberal sites than conservative ones (Drudge notwithstanding). For the right, this is powerful evidence -- if journalists are spending time on left-leaning websites, it must mean they're left-leaning, too.

But there's another, more plausible, explanation. Nate Silver explained yesterday, "The reason that liberal blogs are cited more often in the mainstream media is because they are more plentiful and more widely-read than conservative blogs. Traffic on the Internet in general tilts toward the young and the more highly educated, demographics which -- at least for the time being -- are associated with more liberal politics. And yes, I do think that liberal blogs are 'better' on average than conservative ones (with plenty of exceptions on both sides) but you can reach this conclusion without having to invoke qualitative conclusions at all."

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (43)

Bookmark and Share

LOSING GROUND.... There have been plenty of recent polls showing the number of Americans willing to identify themselves as Republican dropping to lows unseen in decades. But late yesterday, Gallup released a more detailed look at this decline, noting that the GOP has lost ground with practically every demographic in the country.

The decline in Republican Party affiliation among Americans in recent years is well documented, but a Gallup analysis now shows that this movement away from the GOP has occurred among nearly every major demographic subgroup. Since the first year of George W. Bush's presidency in 2001, the Republican Party has maintained its support only among frequent churchgoers, with conservatives and senior citizens showing minimal decline.

The results, taken from months of surveys totaling 7,000 adult respondents, are striking. The Republican Party has lost ground in every region, every age group, every ethnicity, every income level, every educational level, every ideology, and both genders. The drop off was strongest among college graduates (down 10%), Americans under 30 (down 9%), Americans making under $75,000, Midwesterners, and self-identified moderates.

Among frequent churchgoers, the GOP broke even, maintaining the same level of support from 2001. The drop off among African Americans and Latinos was modest, but only because Republicans fared poorly with these voters before and limited room to drop further.

Which groups showed GOP gains? There weren't any.

The news for Democrats was far more encouraging. In 2001, respondents were asked for their party affiliation, and independents were encouraged to pick one of the two major parties. Democrats had the narrowest of leads over the GOP, 45% to 44%. This year, Dems are up to 53%, while Republicans have slipped to 39%.

The Republican base -- which is to say, the only voters who are leaving the party slower after the last eight years -- includes frequent churchgoers, self-identified conservatives, and voters 65 and older.

If this doesn't scare GOP leaders, they're just not paying attention.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (28)

Bookmark and Share
By: Hilzoy

Picking Up The Trash

This is a wonderful story:

"A group of young Pakistani friends, sick of hearing their families complain about the government, decided to spite them by taking matters into their own hands: every Sunday they would grab shovels, go out into their city, and pick up garbage.

It was a strange thing to do, particularly for such students from elite private schools, who would normally spend Sunday afternoons relaxing in air-conditioned homes.

But the students were inspired by the recent success of the lawyers' movement, which used a national protest to press the government to reinstate the country's chief justice, and their rush of public consciousness was irrepressible.

"Everybody keeps blaming the government, but no one actually does anything," said Shoaib Ahmed, 21, one of the organizers. "So we thought, why don't we?"

The fact that these students are well-off matters a lot. Class divides run deep in Pakistan, and this is an unusual thing for students at good schools to be doing. Actually, it's an unusual thing for anyone to be doing unpaid:

"A long-term cycle of corrupt, weak governments interrupted by military coups has caused Pakistan's political muscles to atrophy, leaving Pakistani society, particularly its poor, hopeless that it will ever receive the services -- education, water, electricity, health -- that it so desperately needs.

"People say, 'This is nice, but things will never change,'" Mr. Khwaja said, pointing to a hamburger seller who he said was particularly pessimistic. "There is a hopelessness."

That is where the trash cleaning comes in. Locals find it perplexing and helpful in equal measures. One enthusiast who met the group on its first outing in March, Muhamed Zahid, has come to every one since. One man passing by in a rickshaw dismounted to help them shovel for a while. (...)

That brought the students to the most serious discussion of the day, one that is arguably Pakistan's biggest problem: the gap between rich and poor. Generations of poverty and a system of substandard education that keeps people in it have created fertile ground for Islamic militancy, which now poses a serious threat to the stability of the country.

"Here, if you're poor, you're not even a human being," said Pavel Qaiser. "It's the culture we have -- one landlord and the peasants working under him."

And here was a revelation: the trash picking, which the students had intended as an example for shopkeepers and residents, was actually an exercise for themselves.

"The rich don't care, the poor can't do anything, so it's up to the middle class to make the change," Mr. Khwaja said, as a group of friends standing near him nodded in agreement. "We have to lead by example. To change it from inside."

Pakistan is a wonderful country, with some of the kindest and most hospitable people I've ever met. Moreover, unlike a lot of very poor countries, it has enormous reservoirs of talented and decent people with good educations and professional training. The problem is that the system as a whole seems so corrupt as to be beyond the power of any single individual to change, or even to improve. (This has everything to do with the fact that Pakistan has never been allowed to have a civilian government for long: self-government takes practice, and the Pakistani civilian governments have never been allowed to just make their own mistakes and be voted out of office. The military always steps in and takes over instead.)

That young people are taking matters into their own hands and just picking up the trash themselves is one of the most hopeful things I've heard in a while.

Hilzoy 2:07 AM Permalink | Trackbacks | Comments (5)

Bookmark and Share
By: Hilzoy

Emissions Standards

This is wonderful:

"The Obama administration today plans to propose tough standards for tailpipe emissions from new automobiles, establishing the first nationwide regulation for greenhouse gases.

It will also raise fuel efficiency targets to 35.5 miles per gallon for new passenger vehicles and light trucks by 2016, four years earlier than required under the 2007 energy bill, sources close to the administration said. (...)

The deal has been under negotiation since the first days of the administration. It represents a compromise among the White House; the state of California; and the auto industry, which has long sought national mileage standards and has waged an expensive legal battle against the California waiver. The industry will get its national standard, but at the price of one that approximates California's targets. Industry officials said they would drop all related lawsuits."

According to the Post, one of the factors pushing the auto companies to make a deal was the prospect of having their CO2 emissions regulated by the EPA. The deal involves both mileage and tailpipe standards, which the Post describes as roughly equivalent. The state of California, for its part, gets national standards that are almost as stringent as the ones it has tried to set for itself.

Grist adds (quoting a "senior administration official"):

"Another significant change in the new standards is that the new standards will include tougher standards for each class size of vehicles, as well as a higher average across each company's fleet, according to the official. The previous rules covered only the fleet average, which meant that companies could offset a giant SUV with some more fuel efficient models.

"This has the effect of preserving consumer choice," said the official. "You can continue to buy whatever size car you like, all cars get cleaner.""

This will raise the cost of cars. The Washington Post estimates that today's rules will add $600 to the price of an average car, though it's not clear to me whether this figure is for price increases between now and 2016 or for some other time frame. But I think it's well worth it. For one thing, we badly need to reduce our dependence on oil for the sake of the climate. Grist's "senior official" again:

"The official also estimated that this emissions reductions from the CAFE increase will equate to taking 177 million cars off the road, or shutting down 194 coal-fired power plants."

That's a lot of CO2 not being emitted.

For another, if you expect the price of oil to spike again once the world economy revives and to (more or less) stay high as the world's oil supplies dwindle, then it makes sense to take steps to ensure that the transition to more expensive gasoline is as gradual and painless as possible. Getting a good start on more fuel-efficient cars will help a lot.

Good move.

Hilzoy 12:49 AM Permalink | Trackbacks | Comments (35)

Bookmark and Share
 
May 18, 2009

MONDAY'S MINI-REPORT.... Today's edition of quick hits:

* President Obama met today at some length with Israeli Prime Minister Benjamin Netanyahu, with peace talks and the Iranian nuclear program high on the agenda.

* 42 mpg: "New cars and trucks will have to get 30 percent better mileage starting in 2016 under an Obama administration move to curb emissions tied to smog and global warming, sources said Monday."

* The Supreme Court, in yet another 5-4 ruling, concluded that "former attorney general John Ashcroft and FBI Director Robert Mueller may not be sued by Arab Muslims who were seized in this country after the 2001 terrorist attacks and allege harsh treatment because of their religion and ethnicity." For more, check out Gary Farber's piece on Javaid Iqbal.

* After 25 years, the Tamil Tiger rebels have admitted defeat.

* In the world's largest democracy, India's Congress party won a resounding victory in month-long national elections.

* An NYC assistant principal died of the H1N1 flu over the weekend, bringing the U.S. death toll to six.

* According to congressional briefings, Pakistan is adding to its nuclear arsenal, which doesn't make any sense given its problems with a Taliban insurgency.

* House Minority Leader John Boehner (R-Ohio) isn't quite ready to talk about Pelosi's ouster. Wise move.

* The UN's new envoy to Haiti: Bill Clinton.

* Stephanie Cutter, counselor to Treasury Secretary Timothy Geithner, is stepping away from the Treasury to help shepherd the next Supreme Court nominee.

* Remember yesterday, when RNC Chairman Michael Steele hinted at support for a truth commission? His office is walking that back now.

* Rep. John Dingell (D-Mich.) is on board with Henry Waxman's sweeping climate change bill. Good for Dingell.

* The Sierra Club endorsed the legislation today, too.

* Tucker Carlson has listening-comprehension issues.

* Hubble repairs appear to have gone well.

* And finally, congrats to Ezra Klein on his first day at the Washington Post. He's off to a very impressive start, not surprisingly, and all of us here at the Monthly wish him the best with the new endeavor.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

A PEEK BEHIND THE CURTAIN.... Republicans haven't exactly been oblique about their motivations for going after Speaker Pelosi for Bush's torture scandal. It was a pleasant surprise to hear Fox News be so candid about this on the air today.

Greg Sargent flagged this gem, with correspondent Jonathan Hunt telling Shep Smith the truth -- GOP lawmakers are using a manufactured controversy to drive attention away from what really matters.

"Instead of this debate being about national security, what is and isn't torture, what the Bush administration should and shouldn't have allowed and whether anybody in that administration should now be prosecuted, they, the Republicans, are now able to frame this debate as to whether Nancy Pelosi is fit to continue as Speaker," Hunt said. "So, Shep, they are not about to let their foot off the gas in any way, shape, or form right now."

There were some Fox News reports last week hinting in this direction, but today's acknowledgement was quite specific.

I'm still inclined to think this is a flawed strategy. For one thing, before going after Pelosi, Republicans were poised to get what they wanted anyway, and the attacks on the Speaker run the risk of backfiring. For another, the criticisms only make sense if you turn off your brain -- Republicans are demanding to know what Pelosi knew about the Bush administration's crimes and when she knew it, as if the failure to raise adequate objections was more important than the wrongdoing.

But the Fox News candor at least tells the audience the truth. This is about reframing a scandal, nothing more.

Steve Benen 5:00 PM Permalink | Trackbacks | Comments (25)

Bookmark and Share

IRAQ, AL QAEDA, AND TORTURE, REDUX.... McClatchy's Jonathan Landay moves the ball forward on one of the more provocative angles to the Bush administration's torture scandal.

Then-Vice President Dick Cheney, defending the invasion of Iraq, asserted in 2004 that detainees interrogated at the Guantanamo Bay prison camp had revealed that Iraq had trained al Qaida operatives in chemical and biological warfare, an assertion that wasn't true.

Cheney's 2004 comments to the now-defunct Rocky Mountain News were largely overlooked at the time. However, they appear to substantiate recent reports that interrogators at Guantanamo and other prison camps were ordered to find evidence of alleged cooperation between al Qaida and the late Iraqi dictator Saddam Hussein -- despite CIA reports that there were only sporadic, insignificant contacts between the militant Islamic group and the secular Iraqi dictatorship.

Specifically, Cheney told reporters at the now-defunct paper, "The [al Qaida-Iraq] links go back. We know for example from interrogating detainees in Guantanamo that al Qaida sent individuals to Baghdad to be trained in C.W. and B.W. technology, chemical and biological weapons technology. These are all matters that are there for anybody who wants to look at it."

Of course, those who have looked at it found that there were no meaningful links between the terrorist group and Saddam Hussein's regime. More important in the current context, though, is the fact that Cheney seemed to believe that Gitmo detainees acknowledged connections between the two that didn't exist.

The McClatchy report also quoted retired Army Lt. Col. Brittain Mallow, a former military criminal investigator, who said, "I'm aware of the fact that in late 2002, early 2003, that [the alleged al Qaida-Iraq link] was an interest on the intelligence side. That was something they were tasked to look at."

This comes about a month after McClatchy first reported that Cheney and Rumsfeld were "demanding proof of the links" in 2002 and 2003. When the imaginary evidence wasn't produced, the administration "blew that off and kept insisting that we'd overlooked something, that the interrogators weren't pushing hard enough, that there had to be something more we could do to get that information."

What's more, last week, Lawrence Wilkerson, Colin Powell's former chief of staff in Bush's State Department, said he's "learned" that when Bush administration officials authorized detainee abuse, their "principal priority for intelligence was not aimed at pre-empting another terrorist attack on the U.S. but discovering a smoking gun linking Iraq and al-Qa'ida." Also last week, former NBC producer Robert Windrem reported that in April 2003, Cheney's office recommended waterboarding an Iraqi prisoner who was suspected of having knowledge of a link between Saddam Hussein and al Qaeda.

The notion that the administration started with the preferred answer, and may have worked backwards through torture to help sell an unnecessary war, should help put the Pelosi "controversy" in context.

Steve Benen 4:25 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share
By: Hilzoy

The Uighurs: 4

I'm continuing to try to track down the truth behind the various claims made about the Uighurs. (Previous posts: 1, 2, 3.) This time, I want to consider this one:

"President Obama's own interagency review board found that at least some of the Uighurs are dangerous."

The original (and, to my knowledge, only) source for this claim is this Human Events article:

"White House lawyers are refusing to accept the findings of an inter-agency committee that the Uighur Chinese Muslims held at Guantanamo Bay are too dangerous to release inside the U.S., according to Pentagon sources familiar with the action."

Human Events is not what I normally think of as a credible source. They publish Ann Coulter pieces like "The [sic] Shot The Wrong Lincoln" (Abraham, not Chafee, apparently.) Jed Babbin, in particular, has compared Barack Obama to Madame DeFarge, and opened an interview with Rush Limbaugh by saying: "I'm just so excited talking to you Rush ... I'm jumping out of my skin."

That said, even a stopped clock is right twice a day, and Jed Babbin might, for all I knew, be right on this one. So I decided to ask around. Tom Malinowski of Human Rights Watch was kind enough to reply. Here's his email (quoted with permission):

"There is no evidence that the panel has found them too dangerous to release; on the contrary, the administration has asked Germany and other European countries to resettle the Uighurs on their soil. And it understands that to persuade other countries to take the Uighurs, it may have to release some in the US to show there is nothing to fear. That doesn't mean the panel concluded that the Uighurs are all goatherds either -- just that they were not involved in terrorism or linked to Al Qaeda or the Taliban and pose no threat to the US or its allies. If there is any real source for the Human Events story, my guess is that it's a Bush hold over at DOD or Justice who wants us to believe that the Bush positions are somehow being vindicated."

If you would like to read a judge's assessment of the evidence against one of the Uighurs, it's here (pdf; start on p. 15.) This is the unclassified version of the decision; however, the judge in question saw the classified information that the Bush administration introduced to support its claim that this detainee was an enemy combatant, so I assume that had that information contained a convincing case, that fact would have been reflected in the opinion. It was not.

Hilzoy 3:47 PM Permalink | Trackbacks | Comments (5)

Bookmark and Share

WEAVER SEES GOP 'HEADED FOR A BLOWOUT'.... Just a few weeks ago, Utah Gov. Jon Huntsman (R) added Republican strategist John Weaver, a long-time John McCain confidant, onto his team. It was a move that signaled Huntsman's interest in the 2012 presidential campaign.

Now, of course, Huntsman is headed to Beijing as the Obama administration's ambassador to China, and Weaver is left to wonder what could have been. In the meantime, Weaver spoke to Byron York about their party's future.

The Republican strategist who helped Utah Gov. Jon Huntsman prepare for a possible presidential run says the Republican party is in for a devastating defeat if its guiding lights are Sarah Palin, Rush Limbaugh and Dick Cheney. "If it's 2012 and our party is defined by Palin and Limbaugh and Cheney, then we're headed for a blowout," says strategist John Weaver, who advised Huntsman and was for years a close adviser to Sen. John McCain. "That's just the truth." [...]

"I firmly believe that Huntsman and people like him are the prescription for what ails us," says Weaver. "But I have the feeling that our party maybe won't order that prescription in 2012."

This, not surprisingly, has not gone over well among many conservatives, including the blog at the Weekly Standard.

Seeing this reinforces one of the GOP's fundamental problems right now: it's a shrinking party, and the folks who are left like it just the way it is. Those who want to help drag Republicans back into the mainstream either leave or find themselves pariahs with no influence at all.

It becomes self-perpetuating. Palin, Limbaugh, and Cheney drive people away from the GOP, which in turn leaves Palin, Limbaugh, and Cheney with more power over the smaller, purer party. Their power further alienates those who aren't hard-core conservatives, which keeps the cycle going.

There's a Kevin Drum line from October that continues to ring true: "Sarah Palin isn't the future of their party, she's the future of mine."

Weaver seems to get this. His party is likely to ignore him.

Steve Benen 3:30 PM Permalink | Trackbacks | Comments (33)

Bookmark and Share

THE TRIED AND NOT-SO-TRUE.... It's steep competition, but one of the more infuriating conservative rhetorical devices employed throughout Bush's presidency was the "terrorists are listening" approach. It was wrong, the White House and its allies said, to criticize the president in the midst of two wars, because the "terrorists are listening" and they'll question American resolve if they see U.S. division.

In time, it became something of a catch all. We couldn't question the Bush policy in Iraq because the "terrorists are listening." We couldn't talk about torture because the "terrorists are listening."

Now that Bush-era interrogation policies are making headlines again, Fox News personality Dana Perino, the former White House press secretary, returned to the old standby on the air this morning.

"Every day the House of Representatives is having to deal with this issue. But it's not just the House. They've drug [sic] everybody into this. But my concern is we're not giving due interests as to what the terrorists are taking from this. We need to think about the international audience here. I'm sure the terrorists are having a field day."

The embarrassing cast that hosts "Fox and Friends" found this observation utterly fascinating.

Just once, I'd like to hear Republicans consider the idea that it's the torture policies, not talking about the torture policies, that help terrorists.

Indeed, the terrorists "had a field day" when it came to recruiting and fundraising when Perino's old bosses pursued a ridiculous national security policy, and al Qaeda seems awfully disappointed to see Bush/Cheney leave office.

Steve Benen 2:55 PM Permalink | Trackbacks | Comments (10)

Bookmark and Share

AT LEAST IT WASN'T HAIKU.... Former Arkansas Gov. Mike Huckabee (R) has decided to join the conservative attacks on House Speaker Nancy Pelosi. That's not terribly surprising.

What is surprising is the preferred medium for Huckabee. In all seriousness, the one-time presidential hopeful has written a poem. He titled his piece of work, "Fancy Nancy," which argues that the House Speaker should resign, and makes his case in a series of increasingly painful rhymes.

Until now, she annoyed us, but her gaffes were mostly funny;
Even though it was painful to watch her waste our tax money.
But now her wacky comments are no laughing matter;
She's either unwilling to tell the truth, or she's mad as a hatter!

She sat in briefings and knew about enhanced interrogation;
But claims she wasn't there, and can't give an explanation.
She disparages the CIA and says they are a bunch of liars;
Even the press aren't buying it and they're stoking their fires.

I think Speaker Pelosi has done too much speaking;
And instead of her trashing our intelligence officials, it's her nose that needs tweaking.

If forced to believe whether the CIA and her colleagues in Congress are lying;
Or it's Speaker Pelosi whose credibility and career is dying.
I believe in the integrity of the men and women who sacrifice to keep us safe;
Not the woman who has been caught flat-footed, lying to our face.

I say it here and I say it rather clear-
It's time for Nancy Pelosi to resign and get out of here.

I wish I could make this up, but it's an actual poem from Mike Huckabee, the former governor, Fox News personality, and presidential candidate. Seriously. It's tempting to fact-check this, and point out its many errors, but that would require treating Huck's verse as if it were credible.

Richard Posner, a well-known conservative and Reagan-appointed federal judge, argued last week that "conservative intellectuals" no longer have a political party. It's an observation Huckabee may want to take to heart.

Steve Benen 2:00 PM Permalink | Trackbacks | Comments (50)

Bookmark and Share

BIDEN'S NOT-SO-SECRET DISCLOSURE.... Fox News has an attention-getting headline, which is bound to get conservatives talking: "Biden Reveals Location of Secret VP Bunker."

Vice President Joe Biden, well-known for his verbal gaffes, may have finally outdone himself, divulging potentially classified information meant to save the life of a sitting vice president.

According to a report, while recently attending the Gridiron Club dinner in Washington, an annual event where powerful politicians and media elite get a chance to cozy up to one another, Biden told his dinnermates about the existence of a secret bunker under the old U.S. Naval Observatory, which is now the home of the vice president.

The bunker is believed to be the secure, undisclosed location former Vice President Dick Cheney remained under protection in secret after the 9/11 attacks.

As the story goes, Biden, while chatting with head-table dinner attendees back in March, alluded to a bunker-like room in the Naval Observatory. No one who heard the vice president said anything, until Newsweek's Eleanor Clift mentioned it on Friday. This, naturally, prompted Fox News to report that Biden has "revealed" the location of a "secret" bunker at the Naval Observatory.

It seems like the kind of thing that might make the rounds quickly in conservative circles, so let's nip it in the bud.

First, the notion that there might be a bunker-like room at the vice president's residence is hardly a surprise. In 2002, construction crews spent eight months at the Naval Observatory, and the neighborhood complained about a series of blasts that shook nearby homes. Of course they were building a bunker for the vice president. As Michael Crowley noted, "The real surprise might be that there wasn't already a bunker down there."

Second, as Steve M. noted, way back during Bush's first term, Time and a variety of newspapers had reports on something called "Site R," which was described as Cheney's "underground Pentagon," close to the Maryland-Pennsylvania border. That, apparently, was Cheney's "undisclosed location."

Biden's revelation? Not too big a deal.

Steve Benen 1:30 PM Permalink | Trackbacks | Comments (31)

Bookmark and Share

IT ALWAYS COMES BACK TO THE SENATE BLUE DOGS.... By some measures, today is something of a breakthrough moment for climate-change legislation. The House Energy and Commerce Committee will begin work today on a cap-and-trade bill shaped by Reps. Henry Waxman (D-Calif.) and Ed Markey (D-Mass.), a compromise measure that Joe Romm has called "a stunning legislative achievement."

Paul Krugman noted that the measure, which has been endorsed by Al Gore, has come under fire from conservative global-warming deniers, and some environmental groups that have argued it compromises too much. Krugman argued, however, that it's a big step in the right direction.

[T]he bill represents major action to limit climate change. As the Center for American Progress has pointed out, by 2020 the legislation would have the same effect on global warming as taking 500 million cars off the road. And by all accounts, this bill has a real chance of becoming law in the near future.

So opponents of the proposed legislation have to ask themselves whether they're making the perfect the enemy of the good. I think they are.

After all the years of denial, after all the years of inaction, we finally have a chance to do something major about climate change. Waxman-Markey is imperfect, it's disappointing in some respects, but it's action we can take now. And the planet won't wait.

The "disappointing" aspects of the bill are the result of watering the legislation down to garner support from less progressive Democrats. It worked: Rep. Rick Boucher (D-Va.), a key House centrist, endorsed the bill last week.

Does this point to a chance at real progress on addressing the climate crisis? It might, if it weren't for the Blue Dogs in the Senate. Roll Call reports today that the House compromise has given the legislation some "momentum," but "it still may not be enough to break the logjam in the Senate."

...Senate Democratic aides said that while the House deal is encouraging, it's not clear how lasting it will be or whether it can overcome the deep-seated concerns of a host of moderate Senators. [...]

Another senior aide said Waxman's "pragmatic approach ... will be appreciated in the Senate" but cautioned that the deal is unlikely to fully satisfy Senate moderates who are looking to temper the bill even more.

"Rick Boucher does not equal Evan Bayh does not equal Debbie Stabenow," the senior Senate Democratic aide said of the Democratic Senators from Indiana and Michigan, respectively. Bayh and Stabenow have expressed reservations about cap-and-trade provisions, which would cap emissions and allow industries to trade for pollution permits.

"There are a substantial number of moderate Democrats who are uneasy at best," the knowledgeable Senate Democratic aide noted.

Remember, Boucher is from a coal-rich, conservative district in Southwestern Virginia, and he's on board with the Waxman-Markey compromise. But senators like Bayh and Landrieu are "uneasy," putting the future of the bill in doubt.

At a certain point, Bayh and the Blue Dogs will simply have to decide whether they have the stomach to govern. There are real crises in need of real solutions, and "centrist" Democrats seem reluctant to rise to the occasion.

Steve Benen 12:40 PM Permalink | Trackbacks | Comments (33)

Bookmark and Share

MONDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* In a significant setback for Democratic recruiting efforts, North Carolina Attorney General Roy Cooper (D) announced late last week that he will not challenge Sen. Richard Burr (R) next year. Some recent polls showed Cooper faring very well in a hypothetical match-up. Rumor has it, the party will now turn its attention to Rep. Heath Shuler (D).

* As expected, Florida Attorney General Bill McCollum (R) announced this morning that he will run for governor next year, now that Charlie Crist (R) is running for the Senate.

* Speaking of Crist, Republican National Committee Chairman Michael Steele declined to say yesterday whether the national party supports Crist's Senate campaign. The National Republican Senatorial Committee has already endorsed the governor's bid.

* Senate Minority Leader Mitch McConnell (R-Ky.) declined to endorse his fellow Kentucky Republican, Sen. Jim Bunning, during a Fox News interview yesterday. I can't wait to hear Bunning's response to the news.

* Rep. Steve Israel (D-N.Y.) announced late last week that he, at President Obama's urging, will not run for the Senate next year. Israel was poised to take on Sen. Kirsten Gillibrand in a Democratic primary.

* Obama's intervention on Gillibrand's behalf has not, however, discouraged Rep. Carolyn Maloney (D-N.Y.), who continues to eye the Senate race.

* Former Bush Budget Director Rob Portman (R) saw his Senate campaign in Ohio get a boost the other day, when state Auditor Mary Taylor, Portman's only credible primary foe, withdrew from consideration.

* And Virginia's Democratic gubernatorial primary took an interesting twist this morning, when Brian Moran launched a new radio ad, going after Terry McAuliffe for criticizing Barack Obama during the 2008 presidential primary process. McAuliffe, Hillary Clinton's campaign chairman, supported Obama after Clinton withdrew and endorsed her rival.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (15)

Bookmark and Share

CAN'T TAKE 'YES' FOR AN ANSWER.... For months, a wide variety of Democratic officials and leading progressive voices insisted that some kind of investigation of Bush-era torture, possibly through a "truth commission," would serve the nation's interests. The idea was going nowhere fast -- the Obama White House discouraged the idea, and congressional Republicans were staunchly opposed. In time, proponents grew discouraged, and predicted that their efforts would likely come up short.

And that's the irony of the Republicans' attack on Speaker Pelosi. The idea, by all appearances, was to intimidate Democrats -- if Dems wanted to look into Bush's policies, the GOP would want the same probe to look into Dems' activities during the same period. As Matt Yglesias explained very well, the tactic seems to be backfiring.

What conservatives are missing here is that this is a fight they were winning before they started gunning for Pelosi. Their best ally in this fight was Barack Obama, whose desire to "move forward" rather than focusing on the past had been the subject of much consternation. Had conservatives simply reached out to grab the hand that was being extended to them, they could have gotten what they wanted.

But in their zeal to score a tactical win, the right has made a truth commission more likely not less likely. Obama wanted to avoid a backward-looking focus on torture in part because it distracted from his legislative agenda. But if we're going to be looking backward anyway, thanks to conservatives' insistence on complaining about Pelosi, then the move forward strategy lacks a rationale. And far from forcing a standoff in which Pelosi will abandon her support for an investigation, the right has forced her into a corner from which she can't give in to moderate Democrats' opposition to such a move without looking like she's cravenly attempting to save her own skin.

Exactly. Republicans were getting exactly the result they wanted, right up until they thought to go after Pelosi. Now, the liberal Democratic House Speaker and the conservative Republican RNC chairman are saying the same thing: let's investigate and get the whole story.

Indeed, Pelosi has been using this to great effect. When the right argues that she's lying or was somehow complicit in Bush's alleged crimes, she always responds with the same compelling answer: "Let's have an investigation and see who's right."

As far as the strategy goes, Republicans should have taken "yes" for an answer.

Steve Benen 11:20 AM Permalink | Trackbacks | Comments (40)

Bookmark and Share

THE ROUTINE REPLACEMENTS.... Late last week, the White House announced six presidential nominees for U.S. Attorney posts. Attorney General Eric Holder told reporters the Justice Department would be sensitive to the "continuity" of the offices, but added that "elections matter," and the DoJ intends to have Obama's choices in place nationwide quickly.

I assumed it was only a matter of time before a confused, high-profile conservative started comparing this to the Bush purge scandal. Sean Hannity, not surprisingly, did just that.

On the May 15 edition of Fox News' Hannity, host Sean Hannity suggested that President Obama's plans to replace current U.S. attorneys with his own appointees are analogous to President Bush's controversial firing of nine U.S. attorneys in 2006. [...]

During the segment, Hannity said: "[R]emember how outraged Democrats were when President Bush replaced a handful of his own U.S. attorneys? Now, liberals claim the prosecutors were unjustly removed for political reasons and argued that President Bush had no right to replace his own appointees. Well, get this -- according to the AP, on the very same day that Karl Rove is reportedly meeting with a prosecutor to discuss President Bush's decision, President Obama is one step closer to ousting a group of U.S. attorneys."

Hannity later aired a clip of Attorney General Eric Holder stating during a May 14 congressional hearing, "Elections matter. It is our intention to have the U.S. attorneys that are selected by President Obama in place as quickly as we can." Hannity then said: "All right. 'Elections matter'? That's your reason? Now, correct me if I'm wrong, but isn't that considered politically motivated?"

None of this makes a lick of sense, but the U.S. Attorney purge scandal is a few years old now, and it's possible there might be some confusion about the process.

So, let's set the record straight. The standard practice for new presidents is to replace his predecessor's team of U.S. Attorneys with a new slate of prosecutors. U.S. Attorneys know this when they accept the nomination -- their service will likely follow the president's term in office.

What the Bush White House did, however, was identify specific U.S. Attorneys, in the middle of their term, who fell out of favor because they prosecuted Republicans or failed to prosecute Democrats. The purge of nine U.S. Attorneys in 2006 was without modern precedent, and is currently under investigation.

When Holder said "elections matter," he was noting the obvious: Obama won, so he's going to replace most of Bush's U.S. Attorneys, just as Bush did with Clinton, Clinton did with Bush, Reagan did with Carter, etc. Obama's move is just a simple, routine part of a transition between administrations. This isn't controversial, and it bears no resemblance to the Bush-era controversy.

Hannity specifically said, "Correct me if I'm wrong." Sean, consider yourself corrected.

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (14)

Bookmark and Share

CLUB FOR CONSERVATIVE FEALTY.... One might expect congressional Republicans to be a little less disciplined under the circumstances. When a popular president wins by a wide margin, and governs during a crisis with a popular agenda, it stands to reason the minority party might be at least a little splintered -- especially among those representing states or districts the rival party's president just won.

But that hasn't happened, and there's been near unanimity among Republicans in opposition to President Obama's economic recovery package and budget (among other things). Where's all of this party discipline coming from, especially in a party with no clear leadership?

Chances are, the Club for Growth has had something to do with it.

Pennsylvania Sen. Arlen Specter's switch to the Democratic Party underscores the clout of Club For Growth, a conservative group that targets Republicans it brands insufficiently committed to low taxes and small government.

The move also has inflamed a debate within the party: Are the group's tactics good or bad for Republicans?

Mr. Specter fingered Club For Growth as the key factor behind his decision, saying he would have lost the Republican primary to a Club-backed rival. His decision has prompted some Republicans to turn on the organization, saying it backs those who are so conservative that they then lose to Democrats.

"If their goal is to increase the Democrats' numbers in Congress, they're doing a very good job," said Rep. Steven LaTourette (R., Ohio), a moderate who won his seat in 1994. "Do they want a permanent minority of 140 people as pure as Caesar's wife, or a Republican majority that can get them 70% of the issues that are important to them?"

Not surprisingly, the Club for Growth believes Republicans would be wildly successful nationwide, if only every member of the party would agree to cut taxes, slash spending, and reject every Democratic economic idea. The group's leadership really seems to believe the nation is made up of Grover Norquists from coast to coast, and the GOP is in a deep hole because it's just too darn liberal.

The result is an outfit that launches very aggressive primary challenges against key Republican officeholders who stray from the Club for Growth's vision.

It's why DCCC Chairman Chris Van Hollen (D-Md.) told the WSJ that every time they see the Club for Growth take on a Republican, "it brings a smile to our face."

Steve Benen 10:10 AM Permalink | Trackbacks | Comments (17)

Bookmark and Share

MR. SECESSION.... Over the weekend, Texas Gov. Rick Perry (R) had an op-ed explaining, "I have never advocated for secession and never will." He added that he's "simply sounding the alarm" about taxes, spending, budget deficits, etc.

That Perry even found it necessary to write the op-ed suggests his secession talk in April did some fairly significant harm to his credibility as a governor. The rhetoric probably gave him a boost with the right-wing base in advance of his gubernatorial primary fight with Kay Bailey Hutchison, but Perry seems to realize there's no upside to being known as "the secession governor." (For the record, Perry specifically said last month that while he saw "no reason" to "dissolve" the union, "if Washington continues to thumb their nose at the American people, you know, who knows what might come of that.")

And while all of this is interesting, reader P.B. reminded me of a Perry-related anecdote in Robert Draper's GQ piece on Donald Rumsfeld.

[Frances Fragos Townsend] had received a promotion -- to assistant to the president for homeland security and counterterrorism -- yet was still unable to command Rumsfeld's respect. In the midst of Hurricane Rita, Townsend learned that Texas governor Rick Perry had signaled his willingness to cede control of the National Guard to the federal government. She called Rumsfeld's aide and was told, "The secretary and Mrs. Rumsfeld are at an event."

Townsend knew that. The event was an ambassadors' ball; she was supposed to be there but was instead dealing with the crisis. "Put me in to his detail," she ordered.

A minute later, Townsend was on the phone with Rumsfeld's security agent, who then spoke to the SecDef. "The secretary will talk to you after the event," she was told.

Later in the evening, her phone rang. It was Chief of Staff Andy Card. "Rumsfeld just called," said Card. "What is it you need?"

Livid, Townsend said, "I want to know if the president knows what a fucking asshole Don Rumsfeld is."

Now, the obvious takeaway from this is that Rumsfeld was impossible to work with. But there's also that other part -- Perry was willing to cede control of the Texas National Guard to the federal government? This from a guy who complains bitterly, "We think it's time to draw the line in the sand and tell Washington that no longer are we going to accept their oppressive hand in the state of Texas"?

Steve Benen 9:30 AM Permalink | Trackbacks | Comments (14)

Bookmark and Share

OBAMA AND THE FIGHTING IRISH.... I hadn't heard until this morning that President Obama, after accepting Notre Dame's invitation to deliver a commencement address, had no intention of talking at any length about abortion rights. But in light of the criticism from some conservative corners, the NYT noted that he "decided to devote most of his address to bridging the chasm over abortion and other moral issues."

It was clearly the right call. Indeed, the Washington Post added, "Obama appeared energized by the controversy over his appearance, and he addressed the debate over abortion with relish."

E. J. Dionne's take was spot-on:

Facing down protesters who didn't want him at Notre Dame, President Obama fought back not with harsh words but with the most devastating weapons in his political arsenal: a call for "open hearts," "open minds," "fair-minded words" and a search for "common ground."

There were many messages sent from South Bend. Obama's opponents seek to reignite the culture wars. He doesn't. They would reduce religious faith to a narrow set of issues. He refused to join them. They often see theological arguments as leading to certainty. He opted for humility.

He did all this without skirting the abortion question and without flinching from the "controversy surrounding my visit here." ... By facing their arguments head-on and by demonstrating his attentiveness to Catholic concerns, Obama strengthened moderate and liberal forces inside the church itself. He also struck a forceful blow against those who would keep the nation mired in culture-war politics without end. Obama's opponents on the Catholic right placed a large bet on his Notre Dame visit. And they lost.

In some ways, the half-hour address was a great example of Obama doing precisely what he enjoys doing -- engaging those who disagree with him, extending respect to his rivals, emphasizing the value of dialog, searching for areas of agreement, and all the while, taking the high ground.

Note how he addressed the abortion issue, without backing down from his own long-held position. Obama emphasized, for example, how fair-minded people can work to reduce unwanted pregnancies, which would necessarily lower the number of abortions, and do more to "provide care and support for women who do carry their children to term."

"Now, understand -- understand, Class of 2009, I do not suggest that the debate surrounding abortion can or should go away. Because no matter how much we may want to fudge it -- indeed, while we know that the views of most Americans on the subject are complex and even contradictory -- the fact is that at some level, the views of the two camps are irreconcilable. Each side will continue to make its case to the public with passion and conviction. But surely we can do so without reducing those with differing views to caricature."

Notre Dame President Fr. John Jenkins said in introduction, "President Obama has come to Notre Dame, though he knows well that we are fully supportive of Church teaching on the sanctity of human life, and we oppose his policies on abortion and embryonic stem cell research. Others might have avoided this venue for that reason. But President Obama is not someone who stops talking to those who differ with him."

If you missed it, the Politico has the full video, and here's the transcript (which, interestingly enough, included the words of the occasional protestor).

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (35)

Bookmark and Share

WHEN COPYING AND PASTING GOES AWRY.... As you may have heard by now, the New York Times' Maureen Dowd ran into a little trouble over the weekend. A TPM Cafe blogger noticed a phrase in the Pulitzer Prize winning columnist's latest piece that sounded pretty familiar.

Here's Dowd, yesterday:

More and more the timeline is raising the question of why, if the torture was to prevent terrorist attacks, it seemed to happen mainly during the period when the Bush crowd was looking for what was essentially political information to justify the invasion of Iraq.

And here's TPM's Josh Marshall, in a post on Thursday:

More and more the timeline is raising the question of why, if the torture was to prevent terrorist attacks, it seemed to happen mainly during the period when we were looking for what was essentially political information to justify the invasion of Iraq.

Where Josh wrote "we were," Dowd wrote "the Bush crowd was." The other 41 words, including every comma, are exactly the same.

I'd assumed that Dowd would chalk this up to a careless error, perhaps pin it on a research assistant, explain that she meant to credit TPM, and express contrition over the mix-up.

But that's not quite what transpired. Dowd told the Huffington Post that the quote was obviously from TPM, but said she doesn't read the blog. "I was talking to a friend of mine Friday about what I was writing who suggested I make this point, expressing it in a cogent -- and I assumed spontaneous -- way and I wanted to weave the idea into my column," Dowd said. "But, clearly, my friend must have read Josh Marshall without mentioning that to me."

That's not much of a response. The friend told Dowd an exact-word quote, including the commas, and she "weaved" it into her column? (It seems more likely to me the friend emailed Dowd the paragraph, Dowd liked it, and pasted the paragraph into her column.)

Dowd's explanation is, to put it mildly, unpersuasive. In fact, Jamison Foser asks the right question: "So how do you think Maureen Dowd would react if, say, Joe Biden ripped off a few dozen of someone else's words, then offered up an excuse this lame? Or if Al Gore did?"

The Biden question is especially relevant, since Dowd personally helped end Biden's presidential campaign in 1987 ... exposing a plagiarism problem.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (39)

Bookmark and Share

HENRY WAXMAN'S MOMENT.... Late last week, members of the House Energy and Commerce Committee reached an agreement on a bill that represents Congress's first serious attempt to wrestle with climate change. Among other things, it seeks to create a cap-and-trade system that would limit the amount of greenhouse gases industries could emit, reducing America's carbon emissions by 17 percent over the next decade.

But the bill has a long road to travel before it becomes law. While the Obama administration has supported the legislation, it has higher priorities this year, and getting together enough votes for cap and trade in the Senate -- where Republicans are almost unanimously opposed and many centrist Democrats remain skeptical -- will be a tall order.

But if there's a reason for supporters of climate change legislation to not be concerned about this, it is the man in charge of guiding the House bill through Congress: Representative Henry Waxman, a California Democrat and the committee chairman. In the May/June issue of the Washington Monthly, Charles Homans looks at Waxman's record as a legislator, which includes decades of battles against the tobacco industry, a surprising series of health care expansions under the Reagan administration, and, most significantly, a decade-long fight to expand the Clean Air Act.

In fact, Homans writes, most of Waxman's accomplishments have been like the battle over cap and trade: struggles that lasted longer -- sometimes much longer -- than a single session of Congress, and were won largely based on the congressman's ability to outlast and outflank the opposition. The bid to regulate climate change is the most daunting assignment Waxman has faced -- but it is one for which he has been preparing his entire career.

Read Homans's profile of Waxman, "Marathon Man."

Steve Benen 2:00 AM Permalink | Trackbacks | Comments (12)

Bookmark and Share
By: Hilzoy

The Uighurs: 3

I'm trying to track down the truth behind the various claims that are being made about the Uighur detainees at Guantanamo. (Previous posts: 1, 2.) One that keeps coming up is this:

"At Guantanamo Bay, the Uighurs are known for picking up television sets on which women with bared arms appear and hurling them across the room."

Jonah Goldberg:

"While watching a televised soccer game, the camera showed women with exposed arms, and the Uighurs went ballistic, picking up the TV and smashing it." [UPDATE: I originally had the Gingrich quote twice. I have no idea how that happened. Sorry. END UPDATE]

As far as I can tell, the source for this story is this paragraph from the LA Times:

"But the TV privileges underscored potential difficulties to come, according to one current and one former U.S. official. Not long after being granted access to TV, some of the Uighurs were watching a soccer game. When a woman with bare arms was shown on the screen, one of the group grabbed the television and threw it to the ground, according to the officials."

I was thinking about this while I was waiting for Obama's Notre Dame speech to start: about the way the story had metamorphosed from one incident into Gingrich's "known for picking up television sets" (apparently not just once, but often enough to acquire a reputation), and Jonah Goldberg's "going ballistic". Suddenly the phone rang; I ran to get it, and realized: if some official with an axe to grind had been in my house, s/he could easily have told the LA Times that I fled the room as soon as the President got up to speak. It would have been true. But it would have been awfully misleading.

So I decided to find out what actually happened. I wrote to the Uighurs' lawyer, Sabin Willett. I have corresponded with him occasionally in the past, he has always been completely trustworthy, and I was hoping that he would be able to tell me the story behind this episode. But guess what? He has no idea what those officials are talking about. From his email (quoted with permission):

"I have seen this reference. I have no idea where it comes from.

from my own observation, our clients are neither violent nor badly disposed to women. our translator is a woman, and some of the attorneys are women, and in our meetings the lawyers do not cover -- ie -- wear a headscarf. The men are extremely courteous toward women, actually.

the idea that the clients are religious extremists is silly. five of their companions have been living in Europe, peaceably, for three years now, in cultures that are primarily western."

If anyone reading this actually knows anything about this episode, please feel free to contact me. Until then, I'm left wondering how an allegation by unnamed officials in one article, concerning an episode that might never have happened, or that might be described very differently, ends up being cited by so many people as though it were gospel.

While I'm on this subject: Senator Webb should know better than to say this:

"The situation with the Chinese Uighurs that you're talking about, on the one hand, it can be argued that they were simply conducting dissident activities against the government of China. On the other, they accepted training from al Qaeda and as a result they have taken part in terrorism. I don't believe they should come to the United States."

This post has a description of the village the Uighurs stayed in, and the training they received. It involved learning to assemble and disassemble a rifle, and firing a few rounds from it. I did as much in summer camp, and I'm not all that dangerous. This post covers the organization they were either staying with or members of. It was not designated as a terrorist organization while they were there; it had no affiliation with al Qaeda; and when it was designated as a terrorist organization later, that designation was widely regarded as a concession the Bush administration made to China in return for China's acquiescence in the UN's Iraq war resolution.

The Uighurs did not "accept al Qaeda training", and Sen. Webb should not say that they did.

Hilzoy 1:19 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share
By: Hilzoy

Sri Lanka

After twenty five long horrible years, one of the longest-running civil wars on earth might just have come to an end:

"The ethnic Tamil separatist rebels of Sri Lanka, one of the world's most feared and enduring guerrilla movements, acknowledged Sunday that their war of more than a quarter-century for a homeland had "reached its bitter end."

The announcement by their group, the Liberation Tigers of Tamil Eelam, coming as the Sri Lankan military said it was conducting final mop-up operations on a tiny sliver of coast that had been the rebels' last refuge, paves the way for the conclusion of Asia's longest-running civil war.

It does not, however, eliminate the possibility of guerrilla strikes. The L.T.T.E., as the rebels are often called, are known for suicide bombings. And the statement by their spokesman, Selvarasa Pathmanathan, posted on the pro-rebel Web site, TamilNet, pointed to the group's "fearless and unending commitment to this cause."

"This battle has reached its bitter end," Mr. Pathmanathan said. "We have decided to silence our guns." The statement made no mention of surrender and did not concede defeat, but the acknowledgment of finality suggested that the rebels knew the war was over. (...)

As the war's climax approached, both sides had rebuffed repeated calls from the United Nations and several foreign countries to spare civilians caught in the war zone. The United Nations estimates that at least 7,000 have died since January.

The government has been pressed to stop shelling known civilian sites, including hospitals. The rebels have been accused of holding their own people hostage. No amount of international pressure has worked, not even appeals from Sri Lanka's powerful neighbor, India, where Tamil refugees have trickled in, via flimsy fishing boats."

Thank God. The fighting has recently focused on a small area on a little spit of land surrounded on three sides by water. The people who lived there were essentially trapped, and the Tamil Tigers were said to be using them as human shields. There were, reportedly, 50,000 of them as of May 15. Aid has not been able to get through for some days. Here are some photos from a report commissioned by Human Rights Watch and Amnesty International (via the BBC) that give some sense of the recent damage to this area:

Photobucket

Bear in mind that those photos are of the same area, and that they were taken four days apart. That's how long it took for most of those houses -- which had been set up for displaced persons -- to be obliterated by government shelling.

May the peace hold, and may the people who lived in these houses find refuge, the strength to rebuild their lives, and the help they need.

Hilzoy 12:07 AM Permalink | Trackbacks | Comments (11)

Bookmark and Share
 
May 17, 2009
By: Hilzoy

Keeping Us Safe

I wanted to highlight one other bit of the GQ story on Rumsfeld. The author writes:

"What Rumsfeld was most effective in doing," says a former senior White House official, "was not so much undermining a decision that had yet to be made as finding every way possible to delay the implementation of a decision that had been made and that he didn't like." At meetings, he'd throw up every obstacle he could. "Rumsfeld would say, 'Golly, we haven't had time to read all of these documents! I mean, this is radical change!'" the official adds. "And then, if you suggested that maybe he should've read all the documents when everyone first got them a week ago, he'd say: 'Well! I've been all over the world since then! What have you been doing?'"

What a charmer. Here are some specific examples involving Russia:

"Rumsfeld's office cut against Bush's pledge of cooperation and transparency with Russia on "a whole host of things," says this official: the proposed Russian-American Observation Satellite, the Joint Data Exchange Center, plutonium disposition. By 2005 the Bush-Putin partnership had soured for a variety of reasons, including Russia's growing economic swagger and America's Iraq-induced decline in global prestige. But, the official observes, Rumsfeld "did not help the relationship; that's clear." Russia came to believe that the U.S. wasn't interested in cooperating, and Rumsfeld's actions "devalued what the president had originally said. It made the Russians believe he lacked credibility.""

If you're not an arms policy wonk, you might not recognize some of these examples. That would be a shame, since what this paragraph actually means is that Donald Rumsfeld slow-walked proposals designed to do two things that might strike the casual observer as quite important: keep weapons-grade plutonium out of the hands of terrorists, and prevent the accidental launch of nuclear weapons at our cities.

"Plutonium disposition" is part of the general attempt to secure and destroy Russian nuclear material. If you're worried about al Qaeda getting nuclear weapons, securing Russian loose nukes is the most obvious place to start: so obvious that our failure to prioritize this always struck me as one of the abiding mysteries of the Bush administration. There are nuclear weapons sitting around in enormously insecure locations. (Howard Baker: "I'm talking about finished weapons that are barely protected. I'm talking about doors that have an ordinary padlock on them and sometimes not even that." Quoted in Allison, Nuclear Terrorism, p. 74.)

Plutonium disposition is one part of securing loose nukes: the part where you take weapons-grade plutonium and render it unusable. As of mid-2003, here's what we had done:

"The entire nine year program to date has been focused on investing to prepare for beginning to reduce excess plutonium stockpiles in the future."

"Investing to prepare for beginning to reduce" -- that sounds promising! As of April 2007, things had not improved much:

"Although the original agreement called for each side to start off at a rate of two tons of plutonium a year and seek to move to four tons a year, the four-ton objective appears to have been largely abandoned, and the planned Russian program now stretches to 2040. (...)

A wide range of other obstacles have contributed to these slowing schedules and escalating costs. After delays resulting from a year-long Bush administration policy review, the Bush team delayed matters further by demanding that Russia accept liability provisions that would make Russia liable even for damage caused by intentional sabotage by U.S. personnel, a provision Russian negotiators predictably rejected. Because construction of the U.S. and Russian MOX plants had been linked, this dispute resulted in years of delay in both countries. A liability protocol for plutonium disposition, in which the Bush administration effectively abandoned its earlier demands, was finally signed in September 2006, ironically not long after the linkage between U.S. and Russian construction was dropped."

So that's what Rumsfeld dragging his feet on plutonium disposition meant: not helping to destroy weapons-grade material that was often stored in insecure locations, and which a terrorist might use to build a bomb. Thanks, Don.

Here's a description of the Joint Data Exchange Center from the joint US/Russian press release announcing it:

"This agreement (...) establishes a Joint Data Exchange Center (JDEC) in Moscow for the exchange of information derived from each side's missile launch warning systems on the launches of ballistic missiles and space launch vehicles.

The exchange of this data will strengthen strategic stability by further reducing the danger that ballistic missiles might be launched on the basis of false warning of attack. It will also promote increased mutual confidence in the capabilities of the ballistic missile early warning systems of both sides."

Basically, the fact that the US and Russia have nuclear missiles pointed at one another means that it's rather important to ensure that neither side mistakenly concludes that the other has launched a nuclear strike to which it must respond. After all, you don't want to get into a nuclear war over something like this:

"In 1995 the Russians mistakenly interpreted a Norwegian meteorological missile launch as a launch of a military missile, and the black case of the Russian President was activated for the first time since the end of the Cold War."

The JDEC is basically designed to help prevent that sort of needless catastrophe. But guess what?

"The agreement regarding the JDEC was first signed by Presidents Bill Clinton and Putin at their June 2000 meeting in Moscow. Over the next several years, implementation of the center fell prey to bureaucratic issues between Moscow and Washington such as the question of which side would pay for upgrading the school building that had been selected for the site. In addition, the general disinterest of the Bush administration toward negotiated agreements with Russia, especially when negotiated by earlier presidents, served to shelve the JDEC further. The agreement remains intact, however, and the center could be rapidly established as a venue for confidence building on missile defenses."

The next time you hear Dick Cheney talk about how the Bush administration kept us safe, don't just think about 9/11, the people who have died in the Iraq war, etc. Think about the fact that this administration slow-walked things like mechanisms to keep us from being incinerated because of a mistake and measures to destroy Russian weapons-grade plutonium so that it didn't fall into the hands of terrorists.

Hilzoy 5:59 PM Permalink | Trackbacks | Comments (13)

Bookmark and Share
By: Hilzoy

"The Righteous Nation"

Steve already mentioned GQ's article about Donald Rumsfeld. You should really read the whole thing. I just thought I'd highlight this bit, about the Biblically-themed cover sheets that Rumsfeld attached to the President's daily intelligence briefings on Iraq:

"In the days before the Iraq war, Shaffer's staff had created humorous covers in an attempt to alleviate the stress of preparing for battle. Then, as the body counting began, Shaffer, a Christian, deemed the biblical passages more suitable. Several others in the Pentagon disagreed. At least one Muslim analyst in the building had been greatly offended; others privately worried that if these covers were leaked during a war conducted in an Islamic nation, the fallout -- as one Pentagon staffer would later say -- "would be as bad as Abu Ghraib." (...)

The Scripture-adorned cover sheets illustrate one specific complaint I heard again and again: that Rumsfeld's tactics -- such as playing a religious angle with the president -- often ran counter to sound decision-making and could, occasionally, compromise the administration's best interests. In the case of the sheets, publicly flaunting his own religious views was not at all the SecDef's style -- "Rumsfeld was old-fashioned that way," Shaffer acknowledged when I contacted him about the briefings -- but it was decidedly Bush's style, and Rumsfeld likely saw the Scriptures as a way of making a personal connection with a president who frequently quoted the Bible. No matter that, if leaked, the images would reinforce impressions that the administration was embarking on a religious war and could escalate tensions with the Muslim world. The sheets were not Rumsfeld's direct invention -- and he could thus distance himself from them, should that prove necessary."

Gosh: who could possibly think that something like this could make people think that we were on a crusade against Islam?

righteous nation

The full slideshow is here. I also very much liked the one that said: "Commit to the LORD whatever you do, and your plans will succeed" (from Proverbs). In view of Rumsfeld's actual record on this point, it would have been more accurate to say: "Plans? We Don't Need No Stinking Plans!"

Hilzoy 2:12 PM Permalink | Trackbacks | Comments (50)

Bookmark and Share

MCCONNELL'S MALLEABLE PRINCIPLES.... Remember when Sen. Mitch McConnell (R-Ky.) believed filibustering a president's judicial nominee was just about the worst thing a senator could do? When McConnell was prepared to change the rules, execute the "nuclear option," and declare judicial filibusters unconstitutional?

Well, never mind that now.

Senate Minority Leader Mitch McConnell said on Sunday that he would not rule out employing a filibuster to block Barack Obama's Supreme Court nominee despite having vehemently opposed the use of the parliamentary procedure over judicial appointments four years ago.

Appearing on Fox News Sunday, the Kentucky Republican said that, per the rules of the Senate, "all things are possible" when it came to the vote on Obama's choice for the Court. When reminded that he threatened to resort to the "nuclear option" when Democrats were threatening to filibuster George W. Bush's Court appointments, McConnell largely embraced his 180 degree turn in position.

"The Senate rejected my advice," he reminded host Chris Wallace. "And the Senate is a place that frequently operates on precedent. So I think the Senate deliberately decided not to take a position one way or the other."

It was just four years ago this week that McConnell had a very different perspective.

"Because of the unprecedented obstruction of our Democratic colleagues, the Republican conference intends to restore the principle that, regardless of party, any President's judicial nominees, after full debate, deserve a simple up-or-down vote. I know that some of our colleagues wish that restoration of this principle were not required. But it is a measured step that my friends on the other side of the aisle have unfortunately made necessary. For the first time in 214 years, they have changed the Senate's 'advise and consent' responsibilities to 'advise and obstruct.' [...]Given those results, many of us had hoped that the politics of obstruction would have been dumped in the dustbin of history. Regretfully, that did not happen." [Senate Floor Speech, 5/19/05]

I can only assume he won't be the only conservative Republican who suddenly finds judicial filibusters a whole lot less outrageous than he used to.

Steve Benen 12:45 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share

COMPETING ENDS OF PENNSYLVANIA AVENUE.... White House Chief of Staff Rahm Emanuel seems delighted by recent legislative progress. Beyond the early victories on economic stimulus, S-CHIP, Lily Ledbetter, and the budget, Emanuel sees a productive Spring: "[A] credit card bill, anti-contract waste, the financial fraud bill, a major housing bill, F.D.I.C. finance bill, let alone the supplemental. I challenge you to go back to anybody in a spring session and see something like that."

The near future is likely to prove far more challenging.

In the end, a president and a Congress trying to achieve big things invariably see things differently and at some point Mr. Obama and lawmakers will come to a showdown over the direction they want to take the country. At that point, Mr. Obama's measure will be taken more fully.

The opening of the Obama presidency has been characterized by energy, action and Democratic solidarity but the truly big decisions are only now coming into view over the horizon. While deferential to Mr. Obama's enduring popularity, the Democratic Congress is showing increasing signs of restlessness over his national security policies and has signaled that it will not necessarily bow to his wishes on the form of health care or climate change legislation. His plan to reorient the defense budget away from big-dollar hardware to Special Operations strikes at the heart of many lawmakers' district jobs.

So, there will be conflicts, in part because there are still just enough Republicans and conservative Democrats to paralyze the legislative process in the Senate, and in part because even Democratic allies of the president have their own vision of how best to shape the national agenda.

It's a point Time's Michael Scherer also emphasized this week: "While much of the political chatter continues to focus on the waning Republican opposition, Obama's real challenge comes from within his own party. With increasing frequency, Democrats have been scratching away at the promises Obama made during his campaign, watering down reforms, removing possible revenue sources and protecting key constituencies."

Obviously, Congress is a co-equal branch of government, and it stands to reason that Democratic lawmakers, free of Bush veto threats, would want to govern as they see fit. There's nothing wrong with that, per se, except for the inconvenient fact that too many Dems on the Hill are reluctant to pass truly progressive legislation. This leads them to water good bills down, quietly support GOP obstructionism, and embrace committee tactics that ultimately gum up the works.

If nothing else, this certainly offers an illustrative contrast between Democratic control of the White House and Congress and Republican control. Indeed, it underscores an important difference between the parties -- GOP lawmakers under Bush tended to look at Congress as a Parliament, while Democrats are a notoriously undisciplined bunch. As Matt Yglesias noted the other day, "Congressional Republicans from 2003-2006 showed a strong disposition to pass as much conservative legislation as they felt they could get away with politically whereas large numbers of congressional Democrats seem genuinely inclined to try their utmost to block progressive reform."

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (4)

Bookmark and Share

KATRINA REVISITED.... I'm reluctant to highlight just one anecdote from Robert Draper's GQ piece on Donald Rumsfeld, because there's an awful lot of information in the article that deserves to be read, but the story about Rumsfeld during the Hurricane Katrina crisis is remarkable.

As Draper explained, there were search-and-rescue helicopters available for New Orleans, but Rumsfeld refused to approve their deployment, despite the belief from the commander of Joint Task Force Katrina that they were needed.

[T]hree years later, when I asked a top White House official how he would characterize Rumsfeld's assistance in the response to Hurricane Katrina, I found out why. "It was commonly known in the West Wing that there was a battle with Rumsfeld regarding this," said the official. "I can't imagine another defense secretary throwing up the kinds of obstacles he did."

Though various military bases had been mobilized into a state of alert well before the advance team's tour, Rumsfeld's aversion to using active-duty troops was evident: "There's no doubt in my mind," says one of Bush's close advisers today, "that Rumsfeld didn't like the concept."

The next day, three days after landfall, word of disorder in New Orleans had reached a fever pitch. According to sources familiar with the conversation, DHS secretary Michael Chertoff called Rumsfeld that morning and said, "You're going to need several thousand troops."

"Well, I disagree," said the SecDef. "And I'm going to tell the president we don't need any more than the National Guard."

After the president had returned to the White House, he eventually convened a meeting in the Situation Room to discuss the government's response. Bush barked, "Rumsfeld, what the hell is going on there? Are you watching what's on television? Is that the United States of America or some Third World nation I'm watching? What the hell are you doing?"

When Rumsfeld mentioned his concerns about "unity of command" issues, Bush stopped talking to his Defense Secretary and directed all inquiries to Lieutenant General Honore, via video screen, who was on the ground in Louisiana.

But still the troops hadn't arrived. And by Saturday morning, says Honoré, "we had dispersed all of these people across Louisiana. So we needed more troops to go to distribution centers, feed people, and maintain traffic." That morning Bush convened yet another meeting in the Situation Room. Chertoff was emphatic. "Mr. President," he said, "if we're not going to begin to get these troops, we're not going to be able to get the job done."

Rumsfeld could see the writing on the wall and had come prepared with a deployment plan in hand. Still, he did not volunteer it. Only when Bush ordered, "Don, do it," did he acquiesce and send in the troops -- a full five days after landfall.

And here I thought Rumsfeld was a nightmare at the Pentagon before reading the Draper piece.

Steve Benen 11:45 AM Permalink | Trackbacks | Comments (30)

Bookmark and Share

SCARY THOUGHT OF THE DAY.... Much to the disappointment of the DNC, Dick Cheney did not appear on any of the Sunday morning talk shows. Instead, his daughter, torture apologist Liz Cheney, went on ABC News' "This Week."

It promoted Time's Karen Tumulty to tweet a clever-but-scary idea.

Does anyone else think that what the Cheneys are really after here is their own reality show?

That would explain a few things.

I'm admittedly out of my depth talking about reality shows, but looking over the Wiki page for the genre, there's a subset of reality programming involving well-known personalities. It seems, though, that most of these "celebrities" get reality shows, not when their careers are in ascendance, but when they're past their prime and have limited career options. The Osbornes, Hulk Hogan, MC Hammer, Corey Feldman, Vanilla Ice -- these folks seemed to go the reality-show route after their public notoriety had severely waned.

In this sense, the Cheneys would be perfect.

Perhaps, though, I shouldn't scoff too quickly. I don't doubt for a second that Fox News would air "The Cheneys" without hesitation.

Steve Benen 11:00 AM Permalink | Trackbacks | Comments (15)

Bookmark and Share

DRAPER ON RUMSFELD.... Frank Rich teased the new blockbuster article in his NYT column today, noting that GQ has run an important new piece by Robert Draper, "adding new details to the ample dossier on how Donald Rumsfeld's corrupt and incompetent Defense Department cost American lives and compromised national security."

In general, when these pieces run, the right reflexively attacks the motives (and/or ideology) of the writer. But Draper is hardly a left-leaning partisan -- he wrote the Bush-endorsed biography, "Dead Certain," written after receiving cooperation from the former president and some of his top aides.

Rich highlights some of Draper's Rumsfeld-related revelations.

Draper reports that Rumsfeld's monomaniacal determination to protect his Pentagon turf led him to hobble and antagonize America's most willing allies in Iraq, Britain and Australia, and even to undermine his own soldiers. But Draper's biggest find is a collection of daily cover sheets that Rumsfeld approved for the Secretary of Defense Worldwide Intelligence Update, a highly classified digest prepared for a tiny audience, including the president, and often delivered by hand to the White House by the defense secretary himself. These cover sheets greeted Bush each day with triumphal color photos of the war headlined by biblical quotations. GQ is posting 11 of them, and they are seriously creepy.

Take the one dated April 3, 2003, two weeks into the invasion, just as Shock and Awe hit its first potholes. Two days earlier, on April 1, a panicky Pentagon had begun spreading its hyped, fictional account of the rescue of Pvt. Jessica Lynch to distract from troubling news of setbacks. On April 2, Gen. Joseph Hoar, the commander in chief of the United States Central Command from 1991-94, had declared on the Times Op-Ed page that Rumsfeld had sent too few troops to Iraq. And so the Worldwide Intelligence Update for April 3 bullied Bush with Joshua 1:9: "Have I not commanded you? Be strong and courageous. Do not be terrified; do not be discouraged, for the LORD your God will be with you wherever you go." (Including, as it happened, into a quagmire.)

What's up with that? As Draper writes, Rumsfeld is not known for ostentatious displays of piety. He was cynically playing the religious angle to seduce and manipulate a president who frequently quoted the Bible. But the secretary's actions were not just oily; he was also taking a risk with national security. If these official daily collages of Crusade-like messaging and war imagery had been leaked, they would have reinforced the Muslim world's apocalyptic fear that America was waging a religious war. As one alarmed Pentagon hand told Draper, the fallout "would be as bad as Abu Ghraib."

The cover-sheets are not only creepy, they point to Rumsfeld's belief -- which was probably accurate -- that then-President Bush was easily manipulated. Accompanying a photo of U.S. tanks rolling into an Iraqi city, Rumsfeld included this scriptural reference: "Open the gates that the righteous nation may enter, The nation that keeps faith."

Draper's piece is online. Read it, as the saying goes, and weep.

Steve Benen 10:30 AM Permalink | Trackbacks | Comments (30)

Bookmark and Share

THE BATTLE LINES ARE DRAWN.... The White House would reportedly prefer not to have a bitter culture war over the president's Supreme Court nominee. The New York Times obtained some materials that show such a war is all but inevitable.

Charlie Savage reported today that a variety of leading conservative groups and activists are pooling their resources and created a research network -- it calls itself the "Supreme Court Review Committee" -- which has begun circulating attack strategies against those rumored to be on the president's short-list.

Preparing to oppose the confirmation of Mr. Obama's eventual choice to succeed Justice David H. Souter, who is retiring, conservative groups are working together to stockpile ammunition. Ten memorandums summarizing their research, obtained by The New York Times, provide a window onto how they hope to frame the coming debate.

The memorandums dissect possible nominees' records, noting statements the groups find objectionable on issues like abortion, same-sex marriage, the separation of church and state and the propriety of citing foreign law in interpreting the Constitution.

While conservatives say they know they have little chance of defeating Mr. Obama's choice because Democrats control the Senate, they say they hope to mount a fight that could help refill depleted coffers and galvanize a movement demoralized by Republican electoral defeats.

"It's an immense opportunity to build the conservative movement and identify the troops out there," said Richard A. Viguerie, a conservative fund-raiser. "It's a massive teaching moment for America. We've got the packages written. We're waiting right now to put a name in."

I tend to disagree with these far-right activists on practically everything, but this strategy is actually fairly sound. They're going to lose. Obama's nominee is almost certain to be confirmed by a comfortable margin. The only meaningful question for conservatives to consider is how they lose -- which is to say, whether they can use this defeat to help advance their broader goals.

I suspect this isn't going to go well. Their collective message is probably going to be something along the lines of, "This is what happens when you vote for Democrats: you get liberal judges." This might help gin up some excitement from rabid anti-Obama ideologues, but they're already pretty excited. It's not, however, the kind of message that resonates with a broader audience. The American mainstream tends to disagree with conservative activists on civil rights and church-state separation. The outreach opportunities are minimal here.

"I think the mood and the politics of the country have passed them by," said Nan Aron, the president of the Alliance for Justice, a liberal group. "It's not going to work."

Steve Benen 9:40 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share

THE UNDERLYING GOAL.... There are more than a few annoying angles to the recent Republican attacks on House Speaker Nancy Pelosi, related to the CIA interrogation briefings she received in 2002 and 2003. Most notably, the GOP's goal is transparent: don't investigate officials from our team, they're telling Democrats, or we'll want an investigation of officials on your team.

With that in mind, Faiz Shakir did a nice job pulling together some Fox News coverage from this week, in which this very dynamic is discussed rather candidly. The goal, the reports indicated, is to create a "Mexican standoff," in which both sides back off in some kind of mutually-assured-destruction scenario. Looking at accountability for possible war crimes through this lens seems crazy, but here we are anyway.

As long as this is the debate, and with the Sunday morning shows likely to explore this "controversy" in great detail today, it's probably worth re-emphasizing how pointless it is to make Nancy Pelosi the villain of the Bush administration torture scandal.

In 2002 and 2003, Pelosi was the oft-ignored House Minority Leader, with minimal power, and even less influence, over what kind of interrogation policies the Bush administration used. She was briefed on the administration's tactics, but according to her, Bob Graham, and a healthy dose of common sense, officials were far from forthcoming when it came to details on torture.

It boils down to this: Republicans are demanding to know what Pelosi knew about the Bush administration's crimes and when she knew it. This is more important, they argue, than the crimes themselves.

Note that some of the right's criticism is backwards. The Weekly Standard's Stephen Hayes said on Fox News that Democrats are reluctant to push the idea of a truth commission because it might produce evidence that makes Pelosi look bad. In our reality, Pelosi -- who might seem like she'd want all of this to go away -- is actually the leading proponent of a truth commission. She's not trying to sweep all of this under the rug; she's trying to do the opposite, even in the face of Republican intimidation tactics.

To be sure, there are legitimate questions about the briefings. If Pelosi was told about torture and failed to raise objections, that warrants criticism. If there's evidence that Pelosi was less than candid about what she was told -- there isn't -- that's a political problem.

But in general, this entire "controversy" is a ridiculous GOP stunt, which the media is falling for. We've effectively been told that the only person who should face real scrutiny for the Bush/Cheney torture scandal is the liberal, powerless, then-House Minority Leader who opposes torture.

As A.L. noted the other day, "The level of hypocrisy and incoherence it takes for Republicans to point to Pelosi as being some sort of key figure in this scandal is astounding. And the fact that the press corps would latch on to this rather ridiculous diversion is telling."

Steve Benen 8:50 AM Permalink | Trackbacks | Comments (35)

Bookmark and Share

THE CHAIRMAN OF THE 'PRO-FAMILY' PARTY.... When RNC Chairman Michael Steele addressed the National Rifle Association yesterday, some nonsense was inevitable. For example, Steele, who used to support gun-control measures that the NRA staunchly oppose, said, "Democrats in Congress are threatening to deny Americans their Second Amendment right to own a firearm and defend their families and homes." That doesn't make any sense, of course, but Steele rarely does.

But Steele also shared with the gun enthusiasts his thoughts on gay marriage, specifically with regards to the economy.

Steele said he used the argument weeks ago while chatting on a flight with a college student who described herself as fiscally conservative but socially liberal on issues like gay marriage.

"Now all of a sudden I've got someone who wasn't a spouse before, that I had no responsibility for, who is now getting claimed as a spouse that I now have financial responsibility for," Steele told Republicans at the state convention in traditionally conservative Georgia. "So how do I pay for that? Who pays for that? You just cost me money."

As Steele sees it, some employers extend benefits to employees and their spouses. If gay employees are allowed to get married, employers will have a "financial responsibility" to provide benefits to two people, instead of one.

There's one small problem with this: it's applied just as easily to employers with straight workers, some of whom may have the audacity to have children. Indeed, some of these same straight employees might be so bold as to have children, adding all kinds of "financial responsibilities" to companies nationwide.

Steele, in other words, presented a scenario in which all marriages and children are necessarily bad for business. For the chairman of the party that presents itself as "pro-family," it's an odd argument to make.

For what it's worth, there's evidence that Steele is completely wrong, and that gay marriages actually improve economic development, but for the RNC, these pesky details don't matter. The key for Steele is to convince people that families are an undue burden on American employers.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share
 
May 16, 2009

THE SIGNIFICANCE OF HUNTSMAN'S MOVE.... Utah Gov. Jon Huntsman (R) was supposed to be spending quite a bit more time in New Hampshire and Iowa, not Beijing. And yet, Huntsman appears to have scrapped his 2012 plans to give up his governorship and become President Obama's U.S. Ambassador to China.

I was speaking earlier with Michael Cohen via email, and he compared Huntsman's move to Arlen Specter's party switch.

"Specter is a hack who switched parties for his own cynical reasons -- but for a guy like Huntsman in a safe state with a bright political future to basically say, 'To hell with the GOP. I'll spend a few years carrying water for a Democratic President' ... well, it just speaks volumes.

"Not only does it suggest that the GOP is alienating non-dogmatic conservative politicians, but it suggests that Huntsman basically considers the Republican Party, in the near-term, a lost cause. This is the kind of guy who could move Republicans to a more sensible middle ground and he doesn't seem to have any interest at all. It's the political equivalent (sort of) of Bill Clinton joining the Bush Administration in 1989."

That sounds right to me. Huntsman has clearly been eyeing the 2012 Republican presidential race -- he brought on John Weaver as a leading advisor for a reason -- and even leading Dems like David Plouffe saw him as a pol to watch. Now, however, he's not only giving up his job to serve overseas, he's doing so for a Democratic president. "Rising stars" in Republican politics just don't do this very often.

Seeing Huntsman alongside President Obama this morning at the White House, I kept thinking about an incident from a couple of weeks ago. Huntsman had scheduled several campaign-style stops in Michigan, apparently to help lay the groundwork for future support. Republican leaders in one key Michigan county abruptly withdrew Huntsman's invitation, however, when local officials learned that the Utah governor had the nerve to support civil unions for gay couples.

"The voters want and expect us to stand on principle and return to our roots," the local chairwoman of the GOP said. "Unfortunately, by holding an event with Gov. Huntsman, we would be doing the exact opposite."

It was a ridiculous move, of course, but it also sent a signal to Huntsman about the level of maturity in his party -- or in this case, the lack thereof. It's certainly possible the response from this county and other GOP activists made clear to Huntsman that it's not worth even trying to take the lead in the party, at least not in the near future.

So, for now he's teaming up with Obama, perhaps wondering if Republicans will have grown up by 2016.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (35)

Bookmark and Share

THE GOP BASE VS THE NRSC, REDUX.... We talked the other day about the disgust among far-right Republican activists with the Republican establishment support for Florida Gov. Charlie Crist's (R) Senate campaign. For the party base, Crist isn't nearly conservative enough, especially as compared to his main primary opponent, Florida's former far-right House Speaker, Mark Rubio.

Erick Erickson of RedState.com responded by urging rank-and-file Republicans to cut off support for the NRSC. Tim F. notes today quotes organizers of the effort, who seem to think they're on the right track.

You may remember my reaction when the "treacherous bastards" at the National Republican Senatorial Committee endorsed Charlie Crist in the Florida Senate race -- 15 months before the primary!

Erick Erickson of Red State started a Facebook group to protest the NRSC's endorsement of Crist, and Erick just sent this message to group members:

Subject: They are listening
I've been getting all sorts of emails begging me to shut this group down.
Instead, please consider inviting ten friends each.
The NRSC will not listen to us unless we help shut down their fundraising. You can help.

Thanks,
Erick

Meanwhile, there is a new blog HQ for the grassroots anti-NRSC protest: NOT ONE RED CENT.

I'm going to assume the DSCC will be supporting the grassroots anti-NRSC protest with great enthusiasm.

Indeed, while Dems struggle with their usual divisions and intra-party strife, they've been awfully fortunate of late to be blessed with foolish rivals. Half the Republican establishment is rallying around Newt Gingrich and Dick Cheney as their top leaders. The other half is launching a rebranding effort featuring the party's failed presidential candidate and their failed president's brother.

All the while, the GOP base is working hard to make sure the party doesn't move one inch towards the political mainstream.

Democrats can still screw this situation up in any number of ways, but they're lucky to have rivals on the other side of the aisle who seem hopelessly lost.

Steve Benen 2:00 PM Permalink | Trackbacks | Comments (26)

Bookmark and Share

A VERY SMALL FAN CLUB.... Bill Kristol has been watching Dick Cheney's offensive against the White House and after careful evaluation, the Weekly Standard editor is convinced that the former vice president is absolutely right about everything. Imagine that.

[W]hile some Hill Republicans were fretting about getting a positive message out and others were launching substance-free listening tours, while GOP operatives were wringing their hands about whether Republicans could recover from the Bush years, and while most senior Bush alumni were in hiding, Dick Cheney -- Darth Vader himself, Mr. Unpopularity, the last guy you'd supposedly want out there making the case -- stepped onto the field. He's made himself the Most Valuable Republican of the first four months of the Obama administration....

The real question any Republican strategist should ask himself is this: What will Republican chances be in 2012 if voters don't remember the Bush administration -- however problematic in other areas -- as successful in defending the country after 9/11? To give this issue away would be to accept a post-Herbert-Hoover-like-fate for today's GOP. That's why Republicans should listen carefully when Cheney gives a speech this week in which he'll lay out the case for the surveillance, detention, and interrogation policies of the Bush administration in the war against terror.

It's one of those rare times in which the Democratic National Committee and Bill Kristol want the exact same thing: for Dick Cheney to take the lead and for Republicans to hold on tight to Bush-era policies.

Kristol concluded his love letter to the former vice president by gushing, "Dick Cheney probably won't be the glamour quarterback of the Republican comeback. But he's proving to be a heck of a middle linebacker."

Sticking with the metaphor, Kristol seems unaware of the fact that his MVP was supposed to have retired quite a while ago; he led the league in costly penalties for eight years straight; football fans are sick of him; but he feels the need to keep playing because he's on a team with a strikingly weak bench.

Coach Kristol can keep cheering him on, but that doesn't mean he can make a play. Indeed, the other team seems awfully happy to see him on the field.

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (24)

Bookmark and Share

WHETHER HE'S LOOKING FOR A FIGHT IS IRRELEVANT.... The LA Times has an interesting piece today on the process of looking for a new Supreme Court justice. I didn't, however, find the article especially encouraging.

Obama is determined to avoid a "culture war" over the choice, White House aides and Democratic lawyers say, and he hopes to select a candidate who will not galvanize conservative activists over wedge issues such as abortion and same-sex marriage.

With that in mind, the White House is poring over the records of leading candidates for the high court, looking for potential flash points. That could lead to problems for some who are thought to be on Obama's short list.

For example, Judge Diane P. Wood, a veteran of the U.S. 7th Circuit Court of Appeals in Chicago, has a strong record in support of abortion rights. She was a law clerk to Justice Harry Blackmun, the author of the Roe vs. Wade opinion, and she dissented when the appeals court upheld Wisconsin and Illinois bans on a late-term abortion procedure called dilation and extraction, which opponents call "partial birth" abortion. She also wrote an opinion reviving a lawsuit against the leaders of the antiabortion group Operation Rescue for using violence and "human blockades" to shut down abortion clinics. But the Supreme Court unanimously reversed her opinion in 2006.

As the Democratic governors of Michigan and Arizona, respectively, Jennifer M. Granholm and Janet Napolitano -- two other potential court candidates -- vetoed state bans on dilation and extraction.

Now, it's hard to say whether the article is a genuine reflection of the president's thinking. But if it is, I suspect the White House will have to adjust its expectations.

There's nothing wrong with aiming for a smooth confirmation process, but conservatives aren't going to be happy with anything but a conservative nominee, and Obama is unlikely to give them one. Hoping to avoid a right-wing freak-out is likely counter-productive -- these activists are going to be angry no matter who the president nominates.

Indeed, we've seen one very illustrative example of this. In March, Obama nominated District Court Judge David Hamilton of Indiana for the 7th Circuit last month. Given Hamilton's record of moderation, the White House said the nomination was intended to send a signal that this process need not be contentious. "We would like to put the history of the confirmation wars behind us," one aide said.

And what happened? The right-wing base flipped out and one far-right senator soon after announced he will filibuster the nomination.

This was after Obama went out of his way to avoid a fight.

The point is, there's very little the president can do to discourage a conservative fit. Passing over a qualified nominee because he or she might spark a "culture war" is pointless if the right is determined to launch a "war" anyway.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

A NEW FOUNDATION.... When presidents pursue an ambitious agenda, which breaks with the recent past, the larger vision tends to get a name. We've seen a "New Deal," a "Square Deal," a "Fair Deal," a "New Frontier," and the drive for a "Great Society."

President Obama is subtly hoping to build a "New Foundation."

President Obama told doctors and insurers on Monday that revamping health care would "lay a new foundation for our economy." He told graduating college students on Wednesday that "we need to build a new foundation." He told consumers on Thursday that protecting them was vital "to the new foundation we seek to build."

Ready for a new New Deal? How about the New Foundation? As Mr. Obama labors to pull the country out of the deepest recession since the Great Depression and simultaneously overhaul energy, education and health care, he has coined an expression to encapsulate his ambitious program in the same way Franklin D. Roosevelt did in the 1930s.

New Foundation may not come tripping off the tongue quite as easily as New Deal -- it has twice as many syllables, after all -- but it has become a staple of Mr. Obama's speeches in the last month. Whether a 21st-century public buys a 20th-century political technique is another question.

"Every administration seeks to brand itself, and New Foundation certainly captures the recovery and rebuilding project on the president's hands," said Joel P. Johnson, a White House counselor under President Bill Clinton. "But only history decides whether or not it sticks or whether or not an era can be defined in a phrase. If he produces results, then New Foundation could be one for the books. If not ... ."

It apparently started with a subtle reference in Obama's inaugural address, when the president vowed to "act not only to create new jobs but to lay a new foundation for growth." It's been thrown into 15 speeches and addresses since, with the president acknowledging this morning, "I have spoken repeatedly of the need to lay a new foundation for lasting prosperity."

As frames go, a "New Foundation" isn't bad. Its meaning is not immediately obvious -- which is perhaps a bad sign -- but thematically, it seems to tie together seemingly disparate agenda items. Health care reform isn't just about reforming a broken system; it's about providing a better foundation for future growth. Improving the nation's energy framework isn't only about addressing emissions in the short term; it's about a stronger environmental and national security foundation for generations to come. Expanding access to good schools and higher education isn't just about those students; it's about providing a foundation for generational success.

Obama inherited a series of crises and a country moving quickly in the wrong direction, so he's committed to a new foundation that the nation can build upon.

This does not appear to be an accidental rhetorical ploy. The White House hasn't given the phrase a hard sell -- aides probably hope to see the frame picked up organically -- but when the president's introductory remarks from his recent press conference were sent to reporters, the phrase "New Foundation" was capitalized.

These phrases don't always stick. Some visions from previous presidents are barely remembered, and others -- Clinton liked "New Covenant" for a while, but gave up when it didn't stick -- are quickly dispatched.

Will "New Foundation" have a future? Time will tell, of course, but it's growing on me.

Steve Benen 11:20 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share

PAYING FOR THE NATIONAL COUNCIL FOR A NEW AMERICA.... House Minority Whip Eric Cantor (R-Va.) wants to help lead a "rebranding" effort for his party. Fine. He wants to hold outside-the-Beltway events inside the Beltway. No problem. He wants to argue that his National Council for a New America is and isn't launching a "listening tour." Whatever.

It's more problematic, though, when Cantor asks taxpayers to foot the bill for the whole endeavor.

As Roll Call reported on Monday, Cantor staff and GOP ethics attorney Jan Baran have walked a very fine line to comply with House rules in funding, publicizing and staffing the new organization.

But we think that the whole endeavor ought to be paid for out of political contributions.

The NCNA's original launch letter carefully -- though disingenuously -- declared "this is not a Republican-only forum."

Leading Republicans are hosting events to talk about Republican ideas in the hopes of Republican renewal. Calling this "bipartisan" and worthy of taxpayer investment is foolish, even for Cantor.

To be fair, the first NCNA event was paid for with Cantor's campaign funds. The problem is that the NCNA is staffed by Cantor's aides, who are paid by taxpayers. In this sense, we're paying Republican staffers to work on the Republican Party's rebranding efforts, as compared to those funds coming from the RNC, political action committees, or the party's campaign committees.

Eric Kleefeld spoke to Meredith McGehee, policy director for the Campaign Legal Center, who said Cantor's initiative is going by the letter of the law, but not the spirit of the law, calling Cantor's rationale "a pretty tortured reading of the rules."

The University of Virginia's Larry Sabato added:

I'd be willing to bet that the current funding arrangement is legal, because Jan Baran is one of the most skilled and careful campaign and ethics attorneys in America. But plenty of things that are legal are wrong. This is one of them. Taxpayer money should not be used to support what is clearly a partisan effort. [...]

By the way, I had wondered why Cantor and others went to such pains to claim this new effort was bipartisan, when no one with half a brain would ever buy that. Now we know why.


Steve Benen 10:35 AM Permalink | Trackbacks | Comments (12)

Bookmark and Share

THIS WEEK IN GOD.... First up from the God Machine this week is an effort on the part of Rep. Paul Broun (R) of Georgia, perhaps best known for having compared President Obama to Hitler, who now wants Congress to pass a resolution declaring 2010 as "The Year of the Bible."

The bill was introduced last week by Rep. Paul Broun , a Republican from Georgia, and co-sponsored by 13 other Republicans.

The bill states , among other things, that "the Bible has inspired acts of patriotism that have unified Americans, commemorated through shared celebrations such as Dr. Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas."

The bill seeks to have the president designate 2010 as the Year of the Bible and "to issue a proclamation calling upon citizens of all faiths to rediscover and apply the priceless, timeless message of the Holy Scripture which has profoundly influenced and shaped the United States and its great democratic form of Government."

I've never understood about efforts like these, not only because the truly faithful tend to think the Bible doesn't need help from politicians in the House of Representatives, but also because the symbolic gesture is necessarily fleeting. In 2010 is declared by Congress to be "The Year of the Bible," what's 2011? Or 2012? For those who take scripture seriously, isn't every year the "Year of the Bible," whether it's declared by officials in Washington or not?

Broun's resolution has been forwarded to the House Committee on Oversight and Government Reform, where it will likely be ignored.

Also from the God Machine this week:

* Will faith healers be eligible for funding under the proposed health care reform measures? Time's Amy Sullivan considers the issue, and suggests President Obama's standard -- if there's science to support a treatment, the treatment should be covered -- may not be good enough for some faith communities. Specifically, Obama has said, "My attitude is that we should do what works.... I will let the science guide me." For practitioners of Christian Science as well as other "alternative" therapies, that standard may prove too rigorous.

* In Miami, the Rev. Alberto Cutie is something of a celebrity. The Cuban-American priest has hosted shows on Telemundo, is a syndicated Spanish-language columnist, and headed the archdiocese's Radio Paz and Radio Peace broadcasts, heard throughout the Americas and in Spain. He's even earned the nickname "Father Oprah" for his relationship advice.

Last week, however, a magazine ran pictures of Rev. Cutie and his girlfriend kissing, which is something of a no-no for Roman Catholic priests. He is now mulling a plan to leave the priesthood and get married, but says he continues to support mandatory celibacy for priests.

* And don't forget, Obama's commencement address at Notre Dame, which some apparently find controversial, is today tomorrow. Should be interesting.

Steve Benen 10:00 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

AMBUSH IRONY.... Clearly, the most hilarious part of this is the fact that Bill O'Reilly has no idea why this is amusing.

After the Wednesday edition of the O'Reilly Factor, Fox News host Bill O'Reilly complained on his daily "O'Reilly Factor Post Game Show" that, in his view, today's technology means "we don't have any privacy at all." He warned his viewers, "Somewhere along in your life, somebody is going to come up and start snapping pictures of you. If you can, avoid that."

It's touching to hear O'Reilly express concern for privacy rights. If only he would practice what he preaches, O'Reilly might even have credibility on the subject.

When Bill O'Reilly's camera crew ambushed Mike Hoyt at a bus stop in Teaneck, N.J., a few months ago, the on-camera confrontation and the microphone in his face reminded him, oddly enough, of the "60 Minutes" interviewer Mike Wallace.

Mr. Hoyt, executive editor of The Columbia Journalism Review, was well-versed in the venerable art of the on-camera, on-the-street confrontation, perfected by Mr. Wallace and other hard-charging television journalists in decades past. Now, in an appropriation of Mr. Wallace's techniques, ambush interviews have become a distinguishing feature of Mr. O'Reilly's program on the Fox News Channel.

Mr. Hoyt, one of more than 50 people that Mr. O'Reilly's young producers have confronted in the past three years, said the interviews were "really just an attempt to make you look bad." In almost every case Mr. O'Reilly uses the aggressive interviews to campaign for his point of view.

Mr. O'Reilly, the right-leaning commentator who has had the highest-rated cable show for about eight years, has called the interviews a way to hold people accountable for their actions. "When the bad guys won't comment, when they run and hide, we will find them," he said on "The O'Reilly Factor" recently.

If you can, avoid O'Reilly and his ambush attackers.

Steve Benen 9:25 AM Permalink | Trackbacks | Comments (17)

Bookmark and Share

REVOLVING-DOOR WATCH.... Fox News was apparently in the market for a couple of new political analysts, and wouldn't you know it, the Republican network hired two Republicans.

Tucker Carlson and Dana Perino have joined Fox News as contributors, the Huffington Post has learned.

Carlson hosted the 6PM hour on MSNBC until March 2008, when his show, "Tucker," was canceled. Since then, he served as a senior campaign correspondent for MSNBC and has written for The Daily Beast.

Perino served as White House Press Secretary from September 2007 through the end of George W. Bush's second term.

It's mildly amusing to see Fox News hire Carlson given that the conservative commentator once called Fox News a "mean, sick group of people." But I find the Perino hire more interesting, because of the larger trend of loyal Bushies getting hired to work at major news outlets.

It's been tough to keep up with them all, but I think Perino is the 11th. Michael Gerson (Washington Post), Mary Matalin (CNN), Sara Taylor (MSNBC), Tony Snow (CNN), Frances Fragos Townsend (CNN), Nicole Wallace (CBS News), Dan Bartlett (CBS News), Jeff Ballabon (CBS News), Tony Fratto (CNBC) and, of course, Karl Rove (Fox News, Newsweek, and the Wall Street Journal) have all gone from working for Bush/Cheney to working for the mainstream media. (If Fox News' case, I use "mainstream" loosely.)

Given the previous administrations' record, it's tempting to think these former officials would stay out of the public eye. After all, haven't they done enough damage to the country already?

But the mainstream media keeps hiring these folks anyway. The end of the Bush/Cheney era, alas, does not mean the end of loyal Bushies misleading the country.

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (15)

Bookmark and Share

HUNTSMAN TO CHINA.... When it comes to the political chessboard, this is an intriguing move.

Utah Gov. Jon M. Huntsman Jr. (R) will be introduced today as President Obama's choice as ambassador to China, a source familiar with the decision said last night. [...]

Several Salt Lake City media outlets reported last night that Huntsman had accepted the offer to head the U.S. mission in Beijing, and that Lt. Gov. Gary R. Herbert would replace him as governor. The Salt Lake Tribune reported that Huntsman was in Washington last night, but that calls to his spokeswoman and various staffers were not returned.

Huntsman was elected in November to a second term as Utah's governor, drawing 70 percent of the vote. He served in the George W. Bush administration as deputy U.S. trade representative from 2001 to 2004 and, for President George H.W. Bush, was ambassador to Singapore. He is an expert on China, and he speaks Mandarin Chinese fluently.

David Plouffe, who managed the Obama campaign, conceded recently that he saw Huntsman as one of the few Republicans on presidential caliber, and hinted that, for Democrats' sake, he hoped Huntsman doesn't run in 2012.

Now, that probably won't be an issue.

By tapping Huntsman for the job, Obama gets a Mandarin-speaking official -- something Chinese leaders will no doubt appreciate -- while also removing a credible re-election challenger. The president also boosts his bipartisan cred by adding another high-profile Republican to his administration.

By accepting the job, Huntsman, part of the small sane wing of the Republican Party, probably puts his 2012 ambitions on hold, but boosts his long-term prospects considerably. By 2016, he'll likely be the only Republican presidential candidate to have a resume that includes impressive domestic experience (popular governor), impressive foreign policy experience (two-time ambassador), service under three different presidents, first-hand knowledge of a burgeoning superpower, and some bipartisan bona fides of his own.

What's more, in 2016, Huntsman will only be 56 years old.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share
By: Hilzoy

The Uighurs: 2

This is a continuation of my last post, on the Uighurs now detained at Guantanamo. I described the "training" that the Uighurs received, and quoted a description of them and their motivations given by an FBI agent who interviewed them in 2002. But I didn't address one crucial part of the current campaign against releasing them into the US, namely the claim that they "are members or associates of the Eastern Turkistan Islamic Party (ETIP), a designated terrorist organization with ties to al Qaeda."

Or, as Newt Gingrich put it:

"By their own admission, Uighurs being held at Guantanamo Bay are members of or associated with the Eastern Turkistan Islamic Movement (ETIM), an al Qaeda-affiliated group designated as a terrorist organization under U.S law.

The goal of the ETIM is to establish a radical Islamist state in Asia. Last year, during the Beijing Olympics, the ETIM released a video in which an ETIM member stood in front of an al Qaeda flag and threatened anyone who attended the games.

Prior to 9/11, the Uighurs received jihadist training in Tora Bora, Afghanistan, a known al Qaeda and Taliban training ground. What's more, they were trained, most likely in the weapons, explosives and ideology of mass killing, by Abdul Haq, a member of al Qaeda's shura, or top advisory council. President Obama's own interagency review board found that at least some of the Uighurs are dangerous."

The Uighurs were at a camp, or a village, run by ETIM in 2001. Abdul Haq is supposed to have been a member of al Qaeda's shura since 2005, years after the detainees had anything to do with him. If there is evidence that he or his group were affiliated with al Qaeda in 2001, I do not know of it, and the Uighurs have consistently denied any affiliation with al Qaeda.

It seemed to me that rather than citing things ETIM has been up to within the last few years, it might be better to look at contemporaneous coverage of the Bush administration's decision to add ETIM to its list of terrorist organizations. Here's what I found. First, the NYT:

"The Bush administration's decision to brand as terrorist an obscure Muslim group with roots in western China has been greeted with skepticism by many Western diplomats and scholars. They say the Americans have offered little hard evidence for applying the label, and seem more concerned with softening Chinese opposition to a possible attack on Iraq than with the potential threat posed by the group. (...)

''This listing was a sop to the Chinese, giving them a lot of face,'' said Dru Gladney, an expert on Chinese Muslims at the University of Hawaii, who sees no reason to single out this group and said terrorism had actually been uncommon in Xinjiang. (...)

Several diplomats from allied nations said the charges provided by the United States appeared to be largely a rehash of unproved Chinese assertions. They said their governments had acquiesced in the United Nations listing only to preserve unity.

State Department officials refused to provide instances of violations by the group, while asserting that Washington has independent evidence of its terrorist acts both in and out of China.

But if the Bush administration has such evidence, it was not visible in the internal ''background statement and press guidance'' the State Department prepared on Aug. 30. The document went beyond any recent Chinese charges, blaming this single group for all the violent acts in the last 11 years that the Chinese had ascribed to a spectrum of separatist organizations."

The Washington Post (Sep. 11, 2002):

"Two weeks ago, the Bush administration ordered that any U.S. assets associated with the East Turkestan Islamic Movement (ETIM) be frozen under an executive order, signed by President Bush after the Sept. 11 attacks, that singles out groups deemed to pose a terrorist threat to Americans or U.S. interests.

Since then, several Western European governments have raised questions about U.S. motives and asked Washington for more evidence of the group's terrorist connections, according to diplomats.

"We are concerned that the Americans are doing the Chinese a favor" at the same time the Bush administration is seeking China's support in the Security Council for tougher action against Iraq, said one Western diplomat who asked not to be identified. Administration officials anticipate that China and Russia, both with Security Council vetoes and strong economic relations with Iraq, will be the most reluctant to agree to any strong new international disarmament action against Baghdad."

CNN:

"Beijing has since late last year put pressure on Washington to publicly declare the ETIM a terrorist organization.

But it was only during Deputy Secretary of State Richard Armitage's visit to Beijing last month that Washington acceded to Beijing's demands.

This is seen by Chinese analysts as a concession made by the U.S. in return for Chinese acquiescence in Washington's possible attack on Iraq."

The Washington Times:

"During a visit to Beijing last month, Deputy Secretary of State Richard Armitage announced that Washington had placed a separatist group in Xinjiang province, the East Turkestan Islamic Movement (ETIM), on the U.S. list of terrorist organizations. Mr. Armitage said the movement has been responsible for attacks on civilians. (...)

But many Uighur specialists think Beijing and Washington have inaccurately portrayed the situation in Xinjiang. They argue that, although there is tension in Xinjiang between Uighurs and Chinese, few Uighurs want to join a global Islamist movement, and that violent incidents in Xinjiang stem from local problems.

"Many Uighurs resent that the Chinese increasingly dominate the economy and society in Xinjiang, but they do not necessarily want their own country since they have seen how independent states in Central Asia have weathered economic catastrophes," says Dru Gladney, a specialist on Xinjiang at the University of Hawaii. (...)

Xinjiang specialists consider the Uighurs among the most liberal and pro-U.S. Muslims in the world, and in Kashgar women interact freely with men, run businesses and hold political office."

EurasiaNet:

"The U.S. decision came as a surprise for many Uighurs and international observers. Adding the little-known group to the U.S. terrorist list, they say, may have a negative impact on other Muslim Uighurs living in China’s western Xinjiang province.

Enver Can, president of the Munich-based East Turkestan National Congress, said Uighurs have never been religious extremists. Moreover, he said there are dozens of various Uighur organizations around the world, but that ETIM is virtually unknown. He questioned whether ETIM is even large enough to warrant classification as an independent Uighur group. "They are a small group of people who first fled to Central Asia, to neighboring Central Asian republics. After [governments there] began to deport some Uighurs back to China, the others who remained crossed to Pakistan and Afghanistan. There they received shelter and for different reasons, to settle their lives, they joined one group or another in Afghanistan," Can said."

I note several features of this coverage. First, while the Bush administration and the Chinese government claimed that ETIM were terrorists, virtually no independent observer did. Second, most observers thought that while there was an independence movement in Xinjiang province, and while some groups that were part of it were violent, it was neither fundamentalist in character nor clearly terrorism. Third, virtually all accounts noted that the Bush administration's evidence was bizarre: their figures were identical to the figures China had given for separatist attacks in general, attacks China had blamed on many different groups; but for some reason the Bush administration blamed them all on ETIM.

Finally, a recurring theme in the coverage of this decision is the suspicion that the Bush administration put ETIM on its terrorist list in order to get China to acquiesce in the invasion of Iraq. Here one might also recall the FBI report I cited in my last post, in which an agent wrote:

"At the time of my TDY, US officials were considering whether to return the Uighurs to the Chinese, possibly to gain support for anticipated US action in the Middle East."

Whatever ETIM might have become, I think there are grounds for serious skepticism that it was in any way affiliated with al Qaeda in 2001, when the Uighurs were present in its camp.

And don't forget: the Bush administration cleared them.

Hilzoy 3:46 AM Permalink | Trackbacks | Comments (11)

Bookmark and Share
By: Hilzoy

The Uighurs: 1

Newt Gingrich has decided to move on from lecturing us about Democrats' moral degeneracy and terror-coddling ways, and warn us about a brand new peril:

"America, meet the Uighurs.

Seventeen of the 241 terrorist detainees currently being held at Guantanamo Bay are Chinese Muslims known as Uighurs. These Uighurs have been allied with and trained by al Qaeda-affiliated terrorist groups. The goal of the Uighurs is to establish a separate sharia state. (...)

But as you can see, the truth about the Uighurs (which you definitely won't hear from the anti-Guantanamo legal industry) is very different. Contrary to the claims of their defenders, the Guantanamo Uighurs are not pro-democracy activists unjustly held by American authorities.

Even if you accept the argument made by their defenders that the Uighurs' true targets are Chinese, not Americans, it does nothing to change the fact that they are trained mass killers instructed by the same terrorists responsible for killing 3,000 Americans on September 11, 2001."

Given his track record, I'm not sure why anyone listens to anything Gingrich says. But since people are saying this sort of thing about the Uighurs, I thought I might provide some evidence to the contrary.

The short version is: the Uighurs are refugees from China who wound up in a village in Afghanistan affiliated with a group called the East Turkestan Islamic Movement. Some wanted to resist Chinese rule; some were just trying to get away from Chinese oppression; one was trying to go to Turkey and couldn't get a visa. They were not trained by al Qaeda. There is no evidence that any of them had anything against the US, or ever acted against us. The village was bombed, and they fled and were turned in by bounty hunters.

Even the Bush administration's Combatant Status Review Commissions, which were heavily slanted towards the government, found them not to be enemy combatants. (The government had decided that some of them were not enemy combatants even before their CSRT hearings.) Despite that fact, we have kept them in prison for over seven years. (After they were cleared in 2003, they could not be released back to China, since they would be tortured or killed.) That's a very long time to be locked away without having done anything. Some of them have children they have never met. Their wives and families did not know that they were alive for several years.

Even if you don't think that we owe them a home, at least we owe them honesty. Using them to score political points is obscene.

This brief (pdf) contains some background about the Uighurs. Here's a description of the village they stayed in (the "terrorist training camp"):

"There were no Afghans or Arabs in the village. The village itself was no more than a handful of houses bisected by dirt tracks. Each Petitioner, as well as five Uighurs who would later be determined non-combatants, lived in this village in October, 2001. In return for food and shelter, the Uighur men did odd jobs and manual labor. They helped build houses and a mosque.

In the village there was a single AK-47 Kalashnikov rifle and a pistol. Sixteen of the eighteen Uighurs (including all Petitioners and all five of the Uighurs later determined to be noncombatants) freely admit that they were shown the Kalashnikov, and how to assemble and disassemble the weapon. Some engaged in target practice. (Akhtar Qassim, later determined not to be an enemy combatant, shot three or four rounds.)"

Think of it: they shot several rounds from a gun, and helped build houses. I believe some of them might also have dug latrines. That sounds pretty dangerous. Thank heavens we don't have any people who have shot guns and built houses in our neighborhoods!

Here's a description (pdf, see pp. 211-212) of the Uighurs from an FBI report filed in 2004, and describing a visit in 2002. It follows what seems to be an account of abuse of one of the Uighurs:

"The Uighurs are moderate Muslims who occupied East Turkestan, which was taken over by the Chinese and renamed the Xinjiang province of China. The Uighurs were offered land in Afghanistan in order to gather personnel opposing Chinese oppression. They were often inspired by Radio Free Asia, which [redacted] was often a broadcaster for. The Uighurs considered themselves to be fighting for democracy, and they idolized the United States. Although the Uighurs are Muslim their agenda did not appear to include Islamic radicalism. They claimed to have no political connection to Islamic terrorists or the Taliban. However, their camp in Afghanistan was bombed, and they fled to Pakistan. The Uighurs were captured by the Pakistanis, with half being transferred to US custody, and half being remanded directly to Chinese officials. It was alleged that the Uighurs who were transferred directly to the Chinese were immediately executed. At the time of my TDY, US officials were considering whether to return the Uighurs to the Chinese, possibly to gain support for anticipated US action in the Middle East. The Uighur detainees at GTMO were convinced that they would be immediately executed if they were returned to China."

That's not a defense lawyer speaking; it's an FBI agent, interviewing them about a year after their detention. These are not terrorists. These are people we picked up by mistake.

On reflection, I'm going to post this now, and put some other stuff in a later post. But think of this: these men are now halfway through their eighth year in captivity. They deserve better than Newt Gingrich playing politics with their lives.

Hilzoy 2:28 AM Permalink | Trackbacks | Comments (10)

Bookmark and Share
 
May 15, 2009

FRIDAY'S MINI-REPORT.... Today's edition of quick hits:

* The military commission system is back: "The White House said on Friday that some Guantánamo detainees would be prosecuted in a military commission system that was a much-criticized centerpiece of the Bush administration's strategy for fighting terror." Obama has expanded the legal rights of defendants, banned evidence via torture, restricted evidence from hearsay, and extended more flexibility to defendants to choose their own lawyers.

* CIA Director Leon Panetta encouraged his agency today to "ignore the noise," in reference to the media and the dust-up with House Speaker Pelosi. Sounds like good advice.

* Former Senate Intelligence Committee Chairman Bob Graham (D-Fla.), who has a well-earned reputation for honesty, said Pelosi is right and the CIA did not brief lawmakers on waterboarding in September 2002.

* 1,100 GM dealers are poised to lose their franchises.

* Lakhdar Boumediene is leaving Gitmo and headed to France.

* Hospitals and insurance companies are already backpedaling a bit on this week's health care breakthrough with the White House. Obama Budget Director Peter Orszag and Jonathan Oberlander say we shouldn't worry too much about this.

* Works for me: "New York City Health Commissioner Thomas R. Frieden, known for his aggressive and sometimes controversial efforts to limit smoking and consumption of trans fats in the nation's largest metropolis, has been chosen by President Obama to direct the Centers for Disease Control and Prevention, the White House said this morning."

* Rep. Rick Boucher (D-Va.), a key House centrist, has endorsed a compromise climate-change bill after negotiations with Henry Waxman (D-Calif.). Al Gore seems encouraged by the bill, calling it "a good start."

* As of this afternoon, 57 senators support Dawn Johnsen's OLC nomination, with four undecided on whether to let the Senate vote on her confirmation: Olympia Snowe, Susan Collins, Arlen Specter, and Ben Nelson.

* Tucker Carlson and Dana Perino have joined the Fox News payroll? It's almost as if the network likes hiring people of a certain ideological bent.

* It appears that former astronaut and retired Marine Corps Gen. Charles Bolden has emerged as the president's likely choice to head NASA.

* I'm glad to see Schumer take an interest in those "extend your car warranty" spam calls.

* And finally, Michael Steele and Michele Bachmann are teaming up to attack ACORN. With intellectual firepower like that, what could possibly go wrong?

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (33)

Bookmark and Share

WHERE ARE JIM WRIGHT AND TOM FOLEY?.... One of the big political stories of the day, apparently, is Newt Gingrich's blind-rage attack on House Speaker Nancy Pelosi. I mentioed it earlier, in large part because a) I find it hilarious that Republicans have let a disgraced former Speaker become one of their leading attack dogs; b) his argument was incoherent, but common among Republicans; and c) Newt seems to be getting nuttier as time goes on.

Nevertheless, Gingrich's tantrum is being treated as one of the day's most important political stories by major outlets. Atrios asks the right question:

[Y]ou know, disgraced former House Speaker Newt Gingrich has precisely zero power but his every pronouncement is treated as Incredibly Important News. Any journalists want to explain why?

I suspect it's not because they think it's hilarious that Republicans have let a disgraced former Speaker become one of their leading attack dogs and because Newt seems to be getting nuttier as time goes on.

Let me put this a slightly different way.

Remember Jim Wright? He was a Texas Democrat who served as the House Speaker for about a year and a half in the late 1980s. Remember Tom Foley? He was a Washington state Democrat who served as the House Speaker for about six years, following Wright.

When was the last time you heard either of them throw a partisan temper tantrum, lashing out wildly at Republican officials? If, every other day or so, Wright and/or Foley popped up in D.C. to take cheap shots at GOP leaders, would it be treated, each and every time, as a huge political story by establishment reporters?

More to the point, when was the last time major news outlets asked Wright and/or Foley to appear on major news programs, giving them a platform to launch attacks at their political rivals?

Newt Gingrich left office more than a decade ago as a national embarrassment. He is one of the nation's least liked and least respected political figures. And as a practical matter, he is just as relevant to the current political landscape as Jim Wright and Tom Foley. (Wright fell victim to an ethics scandal, but then again, so did Gingrich.)

In fairness, Gingrich maintains slightly more importance, by virtue of the fact that his shrinking political party keeps turning to him for advice, as compared to Wright and Foley, who Dems tend to ignore. But that's not much of an excuse -- just because Republicans on the Hill are foolish enough to take Gingrich's tirades seriously doesn't mean political reporters should do the same.

Steve Benen 4:30 PM Permalink | Trackbacks | Comments (27)

Bookmark and Share

'I WAITED TWO YEARS'.... Most national leaders, once they leave office, usually maintain some sense of decorum, refraining from attacking their successors until quite a bit of time has passed. Putting aside whether or not one agrees with Dick Cheney's rhetorical attacks on the White House, there's no modern precedent for his offensive -- Cheney waited just two weeks after Obama's inauguration before accusing the new administration of coddling terrorists and putting American lives at risk. Two weeks.

His predecessor seems surprised by Cheney's classlessness.

Al Gore said Friday that fellow former Vice President Dick Cheney has jumped back into the political fray too soon into the new administration's term.

"I waited two years after I left office to make statements that were critical," Gore said during an interview on CNN, pointing out that his critiques were focused on "policy."

"Talk about somebody that shouldn't be talking about making the country less safe, invading a country that did not attack us and posed no serious threat to us at all," Gore said of Cheney.

The comparison is imprecise, because the Clinton/Gore administration left the stage with an impressive record of peace and prosperity, making matters pretty easy for their successors, while everything Bush/Cheney touched turned to garbage. That said, I'm trying to imagine the response from the political world, and Republican in particular, if the situation were reversed.

What if Bush/Cheney had just taken office, were forced to deal with a series of national and international crises, and all Al Gore could do was go around taking deceptive shots at the elected U.S. leadership, trying to undermine public confidence in the White House during an emergency.

I think we know what would happen.

Indeed, we don't have to imagine.

In 2002, when Bush Junior was ramping up to his war against Saddam, Al Gore made a speech trying to slow down that war resolution, pointing out that pivoting from Osama to Saddam for no reason, initiating "pre-emptive" war, and blowing off our allies would undermine the war on terror.

Charles Krauthammer called Gore's speech "a disgrace." Michael Kelly, his fellow Washington Post columnist, called it "vile" and "contemptible." Newt Gingrich said that the former vice president asserting that W. was making America less safe was "well outside the mark of an appropriate debate."

"I think the president should be doing what he thinks is best as commander in chief," Gingrich said flatly.

I'm glad to see Gore weighing in on this. He has the kind of credibility and decency his successor clearly lacks.

Steve Benen 3:50 PM Permalink | Trackbacks | Comments (20)

Bookmark and Share

WHEN FUNDRAISING STUNTS GO AWRY.... Rick Scott and his Conservatives for Patients Rights, the leading opponents of health-care reform, sent an email to its membership this morning, alerting them to "an important development." From the letter:

As you may know, the liberal group Health Care for America Now recently started running a mudslinging TV ad against me personally. After reviewing HCAN's ad, Comcast has determined that it is misleading and has been pulled off the air. By attacking me, HCAN proved that they were desperate to change the subject and not debate the substance of what we believe -- choice, competition, accountability and personal responsibility -- versus what they want which is government-run health care. But they were taught a lesson. You can try to change the subject, but you can't lie to change the subject.... That's why I need your help....

The irony is rich. Scott is falsely accusing HCAN of running a deceptive ad (the ad was truthful), it's arguing that Comcast pulled HCAN's ad (Comcast did nothing of the sort), all the while insisting that "you can't lie to change the subject."

This from a group that's already run wildly misleading television ads.

In our reality, HCAN bought an ad on Comcast. The media buy lasted through May 13. The ad stopped airing, not because Conservatives for Patients Rights didn't like it, but because the contract ran out.

Rick Scott is claiming victory -- and soliciting funds from donors who may not know better -- for something he had nothing to do with. Even for Conservatives for Patients Rights, this is pretty cheap.

And as the healthcare debate unfolds further, it's only going to get worse.

Steve Benen 3:25 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share

SOME OF HIS BEST FRIENDS ARE JEWS.... Arkansas' Kim Hendren ran into a little trouble this week when he said he believes in "traditional values," unlike "that Jew," Sen. Chuck Schumer (D-N.Y.). He later apologized, adding, "I shouldn't have gotten into this Jewish business because it distracts from the issue."

Schumer accepted his apology, and Hendren no doubt hopes to redirect his attention by to his Republican campaign for the U.S. Senate, but before we move on, Hendren has one more clarification.

Defending himself again to the Arkansas News, Hendren went further, saying he didn't know why the words "that Jew" came out of his mouth. He added that there is a Jewish person in history he admires -- Jesus. He's also partial to Connecticut Sen. Joe Lieberman.

Oh my.

In general, when someone is accused of bigotry, and they deny it by pointing to two individuals in the targeted group that he or she likes, it tends to reinforce the perception of bigotry. It's why "some of my best friends are..." has become such a painful cliche.

Moreover, to prove his affection for Jews, Hendren really thought to point to ... Jesus and Joe Lieberman? Are you kidding me?

I hope Jon Chait won't mind if I just borrow his snark:

While I don't want to begrudge Mr. Hendren his taste in Jews, the pairing here is a little odd. I can easily imagine what qualities he admires in Jesus, and likewise I can imagine what draws him to Joe Lieberman, I have trouble seeing how one could look at all the Jews throughout history and pluck out these two examples as your ideal type of Jew.

Both, of course, are apostates of sorts. (You could easily imagine Jesus saying that he didn't leave the Jewish faith, the Jewish faith left him.) Yet the differences seem more stark than the similarities. The contradistinction between the two in terms of speaking style and general charisma is fairly stark. Jesus, moreover, forgave his friends for betraying him and causing his own crucifixion, while Lieberman couldn't forgive his friends for the comparatively minor betrayal of endorsing his general election opponent.

Hendren really should have quit while he was behind.

Steve Benen 2:40 PM Permalink | Trackbacks | Comments (28)

Bookmark and Share

A NATIONAL SHIFT ON ABORTION?.... The new Gallup poll on public attitudes on abortion rights offers some unexpected results.

A new Gallup Poll, conducted May 7-10, finds 51% of Americans calling themselves "pro-life" on the issue of abortion and 42% "pro-choice." This is the first time a majority of U.S. adults have identified themselves as pro-life since Gallup began asking this question in 1995.

This seems to point to a striking reversal. A year ago, 50% self-identified as "pro-choice," and 44% were "pro-life." The new poll shows a complete turnaround, with pro-choicers dropping eight points, and pro-lifers climbing seven points. It's the first time since Gallup started polling on the question that "pro-life" garnered a majority.

So, what's happened? It's certainly possible that nothing happened and the poll is simply an outlier. There's no obvious reason to explain this kind of dramatic shift over the course of just one year, and there are other recent polls -- including one with a larger sample -- that show different results. Once in a while, when poll results seem wrong, it's because they are wrong.

What's more, the same Gallup poll asked respondents, "Do you think abortions should be legal under any circumstances, legal only under certain circumstances, or illegal in all circumstances?" Here, a majority (53%) wants to see abortion legal under certain circumstances, while the other groups of respondents were evenly split.

Of course, since "certain circumstances" is frustratingly vague, this only tells us that the majority of Americans reject the notion that life begins at conception, but they're comfortable with some state-imposed restrictions on reproductive rights. What kind of restrictions? We'd need a more detailed poll to say with any confidence.

I suspect, though, that polls like this are asking the wrong questions. These are the questions that seem to have the most policy salience in the debate:

* Some lawmakers and activists would like to see a constitutional amendment prohibiting abortions in the United States. Do you support or oppose such an amendment?

* The Supreme Court ruled in Roe v. Wade that women have a right to an abortion. Do you think the Supreme Court should overturn Roe?

It's interesting to know how many Americans consider themselves "pro-choice" and "pro-life," but there are plenty of folks for whom these labels are ambiguous. Some, for example, might say they're "pro-life," but don't want to see the government mandate their beliefs on everyone else. I'm more interested in the two questions I pose, because they're more likely to have a political effect.

Nevertheless, the right is excited about the recent developments. The Gallup poll comes on the heels of a Pew survey that also shows support for abortion rights falling.

All things being equal, I think Dana Goldstein's take is the right one: "[E]ndless coverage of rare, late-term abortion -- combined with complacency due to abortion's long-term legality -- has made many Americans 'squishy' on the issue, open to various restrictions while still supportive of general access to the procedure.... In general, I think we should be wary of reading too much into two polls. Longer-term trend lines confirm that we are living in a country divided on abortion but with a clear preference for choice in most circumstances."

Steve Benen 1:55 PM Permalink | Trackbacks | Comments (57)

Bookmark and Share

IF WE JUDGE PELOSI BY HER ENEMIES.... The other day, I compared Newt Gingrich to an erupting popcorn maker, spewing incoherent talking points in every direction. Today, he offered a good example of what I was talking about.

In an interview with ABC News Radio's Marcus Wilson, Gingrich, R-Ga., said Pelosi, D-Calif., "has lied to the House" in claiming that she was never briefed by the CIA about the Bush administration's use of waterboarding and other harsh tactics.

"I think she has lied to the House, and I think that the House has an absolute obligation to open an inquiry, and I hope there will be a resolution to investigate her. And I think this is a big deal. I don't think the Speaker of the House can lie to the country on national security matters," Gingrich said.

He continued: "I think this is the most despicable, dishonest and vicious political effort I've seen in my lifetime."

"She is a trivial politician, viciously using partisanship for the narrowest of purposes, and she dishonors the Congress by her behavior."

I see. The Bush administration engaged in systematic torture, but our disgraced former House Speaker is outraged that Nancy Pelosi did what members of Congress have been doing for decades: she questioned the veracity of a CIA briefing.

I'm not even sure what ol' Newt was whining about. The Speaker of the House is a "trivial politician"? What does that even mean? Pelosi's questions about the briefing she received in 2002 is "despicable" and "vicious"? How's that, exactly? Kevin Drum suggested Gingrich may be "getting political Alzheimer's or something," which sounds about right.

But the controversy surrounding Pelosi's comments yesterday seem to have brought out the nuttiness in the GOP's most nutty personalities. Fox News' Megyn Kelly, always a paragon of journalistic integrity, asked Rep. Steve King (R-Iowa) this morning "what can be done to take away her speakership?" King then called for Pelosi's ouster, calling her "an enemy of national security."

And if Steve King wants the Speaker replaced, I'm sure House Democrats will get right on that.

In the meantime, let's not lose sight of a key detail here: Pelosi wants a full investigation. She's so confident that she's telling the truth, she's anxious for a Truth Commission to determine exactly who's right, who's wrong, who committed crimes, and who covered them up.

As Josh Marshall concluded earlier, "[Pelosi] still says there should be an investigation. Her critics still want the book closed. That says it all. She'll have to stand or fall with the results of an actual investigation. Her opponents on this are simply risible hypocrites."

Steve Benen 1:15 PM Permalink | Trackbacks | Comments (59)

Bookmark and Share

TOUGH TALK FROM ANONYMOUS REPUBLICANS.... National Journal routinely polls a panel of "political insiders" to gauge the establishment's take on various issues. This week's question was a good one: "Has Dick Cheney helped or hurt the Republican Party since leaving office?"

Among Democrats, it wasn't close -- out of 103 insiders, 92% believed Cheney is hurting the GOP. Among Republicans, it was far less clear, but a majority (57%) agreed that the former vice president is doing more harm than good for his party.

But notice some of the quotes Republican insiders gave to National Journal:

"The message on interrogation techniques is right. The messenger is not."

"He seems determined to vindicate his decisions and policies even if it damages the GOP's recovery. And it has."

"Anything that reminds the public of the Bush administration harms the party's ability to turn the page. If he'd had any concern for his public image when he was in office, he wouldn't have to worry as much about defending his reputation now."

"There is nothing Dick Cheney can say or do to help the Republican Party today. The best thing he can do is disappear for the next 10 years."

"Overall, hurts, but if there is a terrorist attack on the United States, Lord forbid, he will have turned out to be prescient, and the Democrats will be out of power for a long time."

"Let's face it: The guy doesn't know anything about winning elections outside of Wyoming."

"Not even a close call. With Cheney out there, Obama doesn't even need to remind the American people about the mess that was the Bush years."

"He's advocating for what's left of the party. We need to expand the party."

"Cheney represents the grumpy intolerance that has come to characterize the GOP. Get off the stage!"

That's real tough talk from a group of Republicans who know their anonymity will be protected.

It gets back to what we talked about yesterday: most of the party is anxious to see Cheney go away, but they're still afraid to say so. The GOP doesn't like Cheney, but it does fear him.

Maybe the former vice president put together embarrassing dossiers on everyone he could think of during his time in office? Sure, it seems unlikely, but let's not hastily rule anything out.

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (28)

Bookmark and Share

FRIDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* Facing poor prospects, Democrat Joe Torsella has dropped out of Pennsylvania's Senate race. It means Arlen Specter is facing no Democratic opposition -- at least not yet.

* If Norm Coleman loses at the state Supreme Court, as is expected, 70% of Minnesotans want him to concede the race, while 27% want him to keep fighting in federal courts.

* The latest Rasmussen poll in New Jersey shows Gov. Jon Corzine (D) continuing to trail former U.S. Attorney Chris Christie, though the margin is getting slightly better for the incumbent. In March, Corzine trailed by 15 points. Now, he's down by nine.

* In one of his first moves as a Republican candidate for Senate, Florida Gov. Charlie Crist signed onto Grover Norquist's anti-tax pledge.

* South Carolina State Rep. Nikki Haley (R) announced that she's running for governor next year, and promises to be every bit as right-wing as current Gov. Mark Sanford (R).

* According to a Democracy Corps poll, Missouri Sec. of State Robin Carnahan (D) leads Rep. Roy Blunt (R) in the state's open U.S. Senate race, 53% to 44%.

* Sen. Richard Burr (R-N.C.) continues to look vulnerable next year, with the Public Policy Polling survey showing only 36% of voters in the state approving of Burr's job performance.

* Rumors circulated this week that Ohio Secretary of State Jennifer Brunner (D) may be ending her Senate campaign. Yesterday, Brunner rejected the speculation out of hand and vowed to keep campaigning. She's currently facing Lt. Gov. Lee Fisher in a Democratic primary.

* National Republican Senatorial Committee Chairman John Cornyn told reporters yesterday that he expects Texas Sen. Kay Bailey Hutchison to give up her seat sometime this year as part of her gubernatorial campaign. This will, of course, further complicate the party's 2010 midterm strategy.

* Rand Paul, Ron Paul's son, is running for the Senate in Kentucky as a Republican.

* And before Minnesota Gov. Tim Pawlenty (R) focuses too much attention on 2012, he may want to notice new poll results showing Minnesotans hoping he doesn't run for re-election in 2010.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share

THE SEQUEL IS RARELY AS GOOD AS THE ORIGINAL.... There were script problems, the original cast didn't sign on, and as much as 20th Century Fox invested heavily in the original, the sequel was bound to fail.

I'm referring, of course, to Tea Party II. The first, held a month ago, featured a series of national events and the support of a major cable network and corporate lobbyists. The second, held yesterday, was a conference call with a couple of right-wing governors (Texas' Rick Perry and South Carolina's Mark Sanford). It was, not surprisingly, touted by Fox News, but it struggled for relevance.

Regardless, how did the call go? My friend Alex Koppelman actually endured the whole thing.

[T]hough they paid plenty of lip service to tea parties and tea partiers during the call, Thursday night was really about fundraising for the Republican Governors Association, which sponsored the teleconference. A third man, who played emcee, continually reminded those on the line that they could, by pressing *0, donate to the RGA. And by setting up the call so that participants had to sign up in advance, providing their phone numbers and e-mail addresses, the RGA assured itself a list of people it can go to later for money and other kinds of support. They even took an idea that the Obama campaign used to great success last year, asking those on the call to text a message to a special number, and thereby collecting even more personal information for later use.

Can't you just feel the organic, grass-roots, bottom-up, revolutionary fervor?

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (29)

Bookmark and Share

DOBSON PANICS.... A month ago, James Dobson conceded that the religious right movement has effectively lost the culture war, but he and his like-minded allies are going to keep trying. "We're not going anywhere," Dobson told Sean Hannity. "[T]he war is not over. Pendulums swing and we'll come back. We're gonna hang in there and, you know, it's not going to be a surrender."

That was last month. This month, Dobson sounds utterly hopeless.

"I want to tell you up front that we're not going to ask you to do anything, to make a phone call or to write a letter or anything.

"There is nothing you can do at this time about what is taking place because there is simply no limit to what the left can do at this time. Anything they want, they get and so we can't stop them.

"We tried with [Health and Human Services Secretary] Kathleen Sebelius and sent thousands of phone calls and emails to the Senate and they didn't pay any attention to it because they don't have to. And so what you can do is pray, pray for this great nation... As I see it, there is no other answer."

The context of this was Dobson's disgust with the House-passed hate-crimes bill -- which he refers to as "utter evil" -- that has drawn the ire of the religious right.

It's the sound of a culture warrior realizing the culture has passed him by.

Right Wing Watch added, "Dobson says he's 'never seen a time quite like this' and I have to agree because I have never seen the Religious Right as utterly terrified as it is at the moment."

Steve Benen 10:45 AM Permalink | Trackbacks | Comments (45)

Bookmark and Share

WHY OBAMA MUST TRULY HATE BUSH.... Andrew Sullivan had an item this week, arguing that President Obama might have some strategy in mind that will, eventually, get the truth out about the Bush administration's torture policies. Yesterday, Sullivan posted a reader response that did a nice job summarizing what the White House is likely thinking.

Imagine what such prosecutions would entail: years of courtroom drama, depositions, lawsuits and counter-suits; the long parade of powerful and high ranking ex- and current members of government, including a goodly number of Democrats, being called on the carpet and having to testify against one another; the enormous rancor and bitterness. This would be Watergate on steroids. And imagine the shot in the arm this would give the zombified Limbaugh Right.

The prosecutions you are asking for would simply swallow the Obama presidency whole. It is the kind of energy draining, oxygen consuming drama that is the nightmare of every president. It would come to define his presidency in the same way the Hostage Crisis defined Carter's and there is zero chance he will opt for this.

President Obama is making a realistic, cold, clear-eyed cost-benefit analysis. This is the choice: Does he fix the economy, fix healthcare, get a handle on the two wars he's dealing with, or does he prosecute Bush era war crimes? He has chosen his agenda and is asking us to choose that to.

Right. Obama, I suspect, just doesn't want to deal with any of this anymore; he has too much else to do. Investigating alleged Bush/Cheney crimes, prosecuting alleged Bush/Cheney crimes, releasing photographs documenting alleged Bush/Cheney crimes ... the president apparently doesn't see the utility in any of this.

Indeed, I've been trying to think about this from Obama's perspective. Bush left him with a generational economic crisis, an abysmal job market, a budget mess, a war in Iraq, a deteriorating war in Afghanistan, an nuclear-armed and unstable Pakistan, a nuclear-armed and nutty North Korea, a warming planet, a collapsing U.S. auto industry, an ineffective health care system, a massive debt, an absurd national energy framework, and a nation that has lost much of its global prestige.

Ready to dive in and start getting the nation back on track, the president is then told, "Wait, we have to deal with the consequences of the previous administration's alleged war crimes, too."

I can only assume the president wakes up every morning thinking, "God, I just hate that guy."

He's probably looking at all of this in cold, calculating terms, and has decided none of torture-related allegations and/or evidence advance the nation's interests. Except, there's a nagging problem -- that darn rule of law.

While I can easily understand the president's calculation, I still think some of Obama's recent calls are mistaken, not because they're inexplicable, but because expedience just isn't a good enough excuse.

It's a real shame Bush and Cheney screwed up so spectacularly, and ignored the law so systematically, that it's interfering with Obama's desire to govern. It really is. If I were in the president's shoes, I might feel the same temptations. But he signed up for this gig, vowing to rebuild the nation. As much as he'd like to get beyond the recent past, nothing of any value is ever built on a corrupted foundation.

Steve Benen 9:55 AM Permalink | Trackbacks | Comments (93)

Bookmark and Share

KRAUTHAMMER'S BEST EXAMPLE.... The Washington Post's Charles Krauthammer received some well-deserved flak after his pro-torture column a couple of weeks ago. He argued at the time, that "the ticking time bomb" is a reasonable excuse for torture. "An innocent's life is at stake," Krauthammer said. "The bad guy you have captured possesses information that could save this life. He refuses to divulge. In such a case, the choice is easy."

The general response to this is that the proverbial ticking time bomb is a fantasy scenario, best left to action shows on television. Today, the conservative columnist responds by pointing to a specific example, that actually happened, to help bolster his point.

On Oct. 9, 1994, Israeli Cpl. Nachshon Waxman was kidnapped by Palestinian terrorists. The Israelis captured the driver of the car. He was interrogated with methods so brutal that they violated Israel's existing 1987 interrogation guidelines, which themselves were revoked in 1999 by the Israeli Supreme Court as unconscionably harsh. The Israeli prime minister who ordered this enhanced interrogation (as we now say) explained without apology: "If we'd been so careful to follow the [1987] Landau Commission [guidelines], we would never have found out where Waxman was being held."

Who was that prime minister? Yitzhak Rabin, Nobel Peace laureate. The fact that Waxman died in the rescue raid compounds the tragedy but changes nothing of Rabin's moral calculus.

Krauthammer had weeks to come up with a real-world scenario to help prove his case for justifiable torture, and this was the best he could do.

There was no ticking time bomb in this anecdote. There was a soldier who'd been captured by his enemy. Obviously the government wanted to save the man's life and mount a rescue operation, but officials brutally tortured an accomplice and the soldier was nevertheless killed.

It's clearly a tragic outcome to an awful situation, but does the anecdote help justify the U.S. government committing acts of torture? I don't think so.

What Krauthammer has offered is a story in which bad guys kidnapped a good guy. If that's grounds for torture, practically every kidnapping would compel U.S. officials -- not just the CIA and the military, but state and local law enforcement, too -- to torture suspected accomplices with some regularity. The "rare exception" would quickly become routine.

What's more, what does it say about the strength of Krauthammer's case that the single most compelling anecdote he can find to defend torture is a kidnapping in a foreign country 15 years ago in which the hostage was killed?

Steve Benen 9:05 AM Permalink | Trackbacks | Comments (67)

Bookmark and Share

SECOND-TERM TACTICS.... Lawrence Wilkerson's comments yesterday about the Bush administration torturing detainees in the hopes of establishing a Saddam/al Qaeda link were obviously important. But there was something else Wilkerson said that bears repeating.

My investigations have revealed to me -- vividly and clearly -- that once the Abu Ghraib photographs were made public in the Spring of 2004, the CIA, its contractors, and everyone else involved in administering "the Cheney methods of interrogation", simply shut down. Nada. Nothing. No torture or harsh techniques were employed by any U.S. interrogator. Period. People were too frightened by what might happen to them if they continued.

What I am saying is that no torture or harsh interrogation techniques were employed by any U.S. interrogator for the entire second term of Cheney-Bush, 2005-2009. So, if we are to believe the protestations of Dick Cheney, that Obama's having shut down the "Cheney interrogation methods" will endanger the nation, what are we to say to Dick Cheney for having endangered the nation for the last four years of his vice presidency?

That's a good point. All of the recent revelations about detainee abuse, torture memos, administration directives, etc., point to incidents from Bush's first term. Wilkerson's contention that the explosive Abu Ghraib scandal changed the nature of the process seems entirely plausible.

If so, the Bush/Cheney torture policies weren't dropped four months ago, when President Obama took office, but rather, five years ago. If the tactics were absolutely necessary for our national security, and to protect Americans from deadly terrorist attacks, this wouldn't have happened.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (16)

Bookmark and Share

THAT'S NOT A TICKING TIME BOMB.... About a month ago, McClatchy reported that the Bush administration abused detainees in part because officials were desperate for non-existent evidence linking al Qaeda to Saddam Hussein's regime. The piece talked to a senior former U.S. intelligence official who said Cheney and Rumsfeld were "demanding proof of the links" in 2002 and 2003. When the imaginary evidence wasn't produced, the administration "blew that off and kept insisting that we'd overlooked something, that the interrogators weren't pushing hard enough, that there had to be something more we could do to get that information."

Yesterday, this became a subject of renewed interest.

Lawrence Wilkerson, Colin Powell's former chief of staff in Bush's State Department, raised a few eyebrows with this item:

What I have learned is that as the administration authorized harsh interrogation in April and May of 2002 -- well before the Justice Department had rendered any legal opinion -- its principal priority for intelligence was not aimed at pre-empting another terrorist attack on the U.S. but discovering a smoking gun linking Iraq and al-Qa'ida.

It wasn't just Wilkerson.

Writing on The Daily Beast, former NBC producer Robert Windrem reports that in April 2003, Dick Cheney's office suggested that interrogators waterboard an Iraqi detainee who was suspected of having knowledge of a link between Saddam and al Qaeda.

Sen. Sheldon Whitehouse was questioned on the issue today in two TV interviews. Speaking to CNN, Whitehouse allowed: "I have heard that to be true." To MSNBC, he noted that there was additional evidence of this in the Senate Armed Services committee report, and from Lawrence Wilkerson, former chief of staff to Colin Powell. "This thing is just getting deeper and deeper," said Whitehouse, noting that if it were true, it would significantly bolster the case for prosecutions.

And MSNBC's Chris Matthews also picked up on the issue this evening, as did Ed Schultz of the same network.

Torture is wrong (and illegal, and counter to our national security interests) regardless of the Bush administration's motivations. But many -- in the media, on the Hill, etc. -- seem inclined to think doing the wrong thing for the right reason is somehow tolerable. Bush/Cheney was wrong to torture, the argument goes, but they were only trying to protect Americans from another terrorist attack.

Which is precisely why these revelations, if accurate, have the potential to be devastating. There was no "ticking time bomb," but there was a political agenda. Getting a detainee to offer evidence of a non-existent link wouldn't have furthered our security interests or saved American lives, but it would have made the Bush White House's sales pitch for an unnecessary war a lot easier.

Are the same torture apologists we've heard from lately willing to also accept "extracting false confessions" as a reasonable justification?

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share
 
May 14, 2009

THURSDAY'S MINI-REPORT.... Today's edition of quick hits:

* Chrysler is poised to eliminate a fourth of its U.S. dealerships.

* The House passed the war supplemental, 368 to 60.

* More of this, please: "President Obama took his populist campaign against the credit card industry into the country on Thursday, declaring 'enough's enough' of predatory practices and pressing Congress to pass new limits on 'anytime, any-reason rate hikes,' unfair late fees and misleading policies."

* After some minor modifications, it looks like marriage equality will be legal in New Hampshire, too.

* I guess Arlen Specter suddenly noticed his new political circumstances: he's nearly done putting together a new EFCA compromise measure. The devil, of course, will be in the details.

* On a related note, Dick Cheney seems to have done unions a favor by lashing out at EFCA this week.

* Alberto Gonzales doesn't know what "empathy" means. What a joke.

* Sen. Jeff Sessions (R-Ala.) thinks the humane thing to do would be to keep detainees at Gitmo, so they can enjoy "the tropical breezes." He's a joke, too.

* Democrats closing ranks around John Murtha strikes me as a bad idea.

* House Republicans plan to try to kill energy reform through attacking it with more than 100 amendments before it can advance from the Energy and Commerce Committee.

* Sen. John Cornyn (R-Texas) was gracious enough to concede that President Obama is not deliberately trying to destroy the country. It's a setback for Rep. Pete Sessions (R-Texas).

* Michele Bachmann, still nutty.

* The Washington Times' John Solomon explains what happened yesterday with the unfortunate issue involving the president's children.

* I still have no idea who Elisabeth Hasselbeck is, or why her political opinions are of any significance, but she seems to have a habit of saying things that don't make any sense.

* And finally, the sooner Jim Cramer stops whining about Jon Stewart, the better it will be for his reputation. The world has moved on, Jim, you should, too.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

IS IT REALLY THAT HARD TO BELIEVE?.... House Speaker Nancy Pelosi apparently raised quite a few eyebrows today when she argued that CIA officials misled congressional leaders on interrogation techniques during Bush's first term. Specifically, she said the briefings included "inaccurate and incomplete information."

The usual suspects quickly lined up to express their outrage.

Sen. Joe Lieberman (I-Conn.) said today that he "totally disagrees" with Speaker Nancy Pelosi's (D-Calif.) assertion that the CIA regularly misleads Congress.

"No, on that specific point I totally disagree," Lieberman told MSNBC's Norah O'Donnell. "Over the 20 years I've been here, I've been briefed constantly by the CIA, and I'd say they've told me the truth as they see it."

Republican lawmakers were, not surprisingly, far harsher in their rhetoric. Sen. Kit Bond (R-Mo.), for example, exclaimed, "It's outrageous that a member of Congress would call our terror-fighters liars."

I realize Republicans see some value in trying to exploit this for partisan gain, but is what Pelosi said really all that hard to believe? I don't want to alarm anyone, but once in a while, the CIA is less than forthcoming with those who might try to limit their activities. This is especially true when the agency is engaged in conduct that might not be legal.

Let's also note the context. It was 2002 and 2003. The Bush administration was not only lying about Iraq, but administration officials had already begun committing acts of torture. It's outrageous to think that maybe, just maybe, the same Bush administration might not tell members of Congress the whole truth? C'mon.

John Boehner said today he finds it "hard...to imagine that our intelligence area would ever mislead a member of Congress." This, of course, is the same John Boehner who, as recently as 2007, said that he didn't trust U.S. intelligence agencies that gave him news he didn't want to hear.

The phrase of the day is "feigned outrage."

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (56)

Bookmark and Share

ROVE TO ANSWER PURGE-SCANDAL QUESTIONS.... Well, this ought to be interesting.

Former top White House official Karl Rove will be interviewed tomorrow as part of an ongoing criminal investigation into the firing of U.S. attorneys during the Bush administration, according to two sources familiar with the appointment. [...]

As a senior adviser to President George W. Bush, Rove emerged at the center of numerous policy and political debates. He will be questioned tomorrow by Connecticut prosecutor Nora R. Dannehy, who was named last year to examine whether any former senior Justice Department and White House officials lied or obstructed justice in connection with the dismissal of federal prosecutors in 2006.

As those who've followed this scandal closely no doubt recall, Rove has plenty of insights that will be worth sharing on this subject. Indeed, David Iglesias, one of the Republican prosecutors purged as part of this scandal, told MSNBC last year he believes Rove has "information that ... would show illegal activity."

And back in 2007, according to NPR's sources, "[T]he plan to fire all 93 U.S. attorneys originated with political adviser Karl Rove. It was seen as a way to get political cover for firing the small number of U.S. attorneys the White House actually wanted to get rid of."

The White House, which Rove helped run, was deeply involved with selecting which U.S. Attorneys were fired (remember: those failed to be "loyal Bushies" were shown the door) and it was a Rove deputy who got to replace one of the purged prosecutors.

He'll no doubt be a wealth of information for Dannehy.

Steve Benen 4:10 PM Permalink | Trackbacks | Comments (18)

Bookmark and Share

OBSTRUCTIONIST NELSON.... The Senate Democratic caucus has 59 members. Sen. Dick Lugar (R-Ind.) supports Dawn Johnsen's nomination to head the Justice Department Office of Legal Counsel. So, what's stopping the majority from breaking the Republican filibuster and confirming Johnsen? Ben Nelson is.

Sen. Ben Nelson's opposition to President Obama's choice to head the Justice Department Office of Legal Counsel appears to be the key obstacle to her confirmation. Democrats say Dawn Johnsen, an Indiana University law professor, has 59 backers in the Senate -- just one vote shy of cloture. Nelson, a Nebraska Democrat, is standing firmly against her appointment, pointing to Johnsen's job 15 years ago as a counsel to the abortion rights group NARAL.

All of which has left Nelson's critics furious. Where was the principled opposition from the Senator during the Bush years? Why is he refusing to show Obama the same deference that he offered the previous administration?

It's hardly news that Nelson is the most conservative Senate Democrat, but even for him, this is ridiculous. Just a few weeks ago, Nelson's office assured observers, "the senator doesn't support obstruction and usually votes for cloture," even though he doesn't support Johnsen.

Which is fine. Nelson has "concerns" about Johnsen because she, like most Americans and the vast majority of Democrats, is pro-choice. It stands to reason that he'd vote against her nomination.

But what's at issue here is Republican obstructionism. Nelson isn't just opposing a qualified nominee, he's refusing to even let the Senate vote on her nomination. A senator who claims to be a Democrat will not let a Democratic Senate vote, up or down, on a Democratic president's choice for the OLC. This from a man who claims to oppose "obstructionism."

To add insult to injury, Nelson found filibusters against George W. Bush's nominees to be offensive, and routinely voted with Republicans to cut off Democratic efforts. He explained that he believed Bush's nominees "deserve an up-or-down vote," even when the person in question "isn't popular with the special-interest groups in Washington."

Nelson, in other words, is going easier on Bush than Obama -- all because Dawn Johnsen worked for NARAL 15 years ago.

Whenever you hear talk about Dems having a "filibuster-proof majority," remember that Ben Nelson is one of the 60, and he'll betray his allies whenever it suits his purposes.

Steve Benen 3:40 PM Permalink | Trackbacks | Comments (35)

Bookmark and Share

A BIG TENT.... And Republicans wonder why they struggle with minority communities.

[Kim] Hendren explained, "I don't use a teleprompter and occasionally I put my foot in my month." At the meeting, Hendren addressed the comments that Sen. Schumer made shortly before last week's meeting. Sen. Schumer, appearing on MSNBC's Rachael Maddow Show, said "The hard right, which still believes that when the Federal Government moves, we chop off its hands, still believes in the traditional values kind of arguments, in strong foreign policy, all that is over."

Hendren told me, "At the meeting I was attempting to explain that unlike Sen. Schumer, I believe in traditional values, like we used to see on 'The Andy Griffith Show.' I made the mistake of referring to Sen. Schumer as 'that Jew' and I should not have put it that way as this took away from what I was trying to say."

Hendren is a member of the Arkansas State Senate, and is currently a Republican candidate for the U.S. Senate.

If he wins next year, Hendren will be able to tell "that Jew" all about the "traditional values" he saw on "The Andy Griffith Show."

Update: Hendred told the AP today, "When I referred to him as Jewish, it wasn't because I don't like Jewish people... I shouldn't have gotten into this Jewish business because it distracts from the issue."

Yeah, that's much better. Good thing Hendren clarified matters.

Steve Benen 2:55 PM Permalink | Trackbacks | Comments (41)

Bookmark and Share

CIA TO CHENEY: NO DOCS FOR YOU.... Dick Cheney asked the National Archives to release two classified documents that, he insisted, detailed instances in which torture produced useful intelligence. According to the Weekly Standard's Stephen Hayes, a close Cheney ally, the former vice president's request has been denied.

A letter dated May 7, 2009, from the CIA's Information and Privacy Coordinator, Delores M. Nelson, rejected Cheney's request because the documents he has requested are involved in a Freedom of Information Act court battle.

"In researching the information in question, we have discovered that it is currently the subject of pending FOIA litigation (Bloche v. Department of Defense, Amnesty International v. Central Intelligence Agency). Therefore, the document is excluded from Mandatory Declassification Review," Nelson wrote in the letter to the National Archives, the agency responsible for handling Cheney's request.

Hayes, predictably, suggests the Obama administration didn't deny the request because of the pending FOIA litigation, but rather, because of some kind of political agenda.

I don't know if politics was a factor -- I rather doubt it -- but Cheney and his allies are likely to disappointed if and when these documents are declassified. White House officials who've seen the materials have explained that they don't help Cheney's case, and Sen. Russ Feingold (D-Wis.), just yesterday, said he's seen the documents and Cheney's just wrong.

And at the risk of belaboring the point, it doesn't matter anyway. We're not going to use the Bush/Cheney torture techniques anymore. Cheney thinks there's evidence of torture's efficacy. He's almost certainly wrong, but since the United States is going to start following the law again, "it worked" isn't going to cut it in the future, no matter what's on these classified documents.

Steve Benen 2:15 PM Permalink | Trackbacks | Comments (25)

Bookmark and Share

SCHOOL OF HARD KNOX.... Harry Knox, the Human Rights Campaign's Religion and Faith Director, was understandably troubled by the Pope's recent comments about sexual health. "The Pope needs to start telling the truth about condom use," Knox said. "We are eager to help him do that. Until he is willing to do that and able, he's doing a great deal more harm than good -- not just in Africa but around the world. It is endangering people's lives."

These comments struck me as common sense. They struck House Republicans as an anti-Catholic attack, which warrants Knox's resignation from President Obama's faith-based council.

Rep. John Boehner (R-Ohio) and Thaddeus McCotter (R-Mich.) co-signed a letter characterizing Harry Knox, a member of the President's Advisory Council on Faith-Based and Neighborhood Partnerships, as a "virulent anti-Catholic bigot" who has made "numerous vile dishonest attacks against the Church and the Holy Father."

The letter, delivered to the White House [yesterday] morning, says that "[Knox] has no business on any Council having to do with faith or religion," and calls on President Obama to "remove Mr. Knox from his position and to formally disassociate yourself from his militant anti-Catholicism."

The letter was signed by 20 Catholic organizations leaders concerned about past comments made by Knox. The group, in a press conference Wednesday, stressed that the disagreements they have with Knox extend beyond policy, and go to nature and tone of his comments.

Mr. Knox "has not only criticized the public policy of a Catholic leader, but in did so terms that are hateful and simply prejudice," said Chuck Donovan, executive vice president of the Family Research Council.

Really? Knox is a "virulent anti-Catholic bigot"? U.S. News' Dan Gilgoff asked the Catholic League for a catalog of Knox's alleged anti-Catholic statements. The sent over seven Knox quotes. You can see for yourself whether they meet your standards for "vile" and "hateful" language, but I'll just say this: I've heard militant anti-Catholicism. This ain't it. Not even close.

And yet, Minority Leader Boehner's spokesperson said he "felt it was important to weigh in condemning the abusive rhetoric."

As manufactured controversies go, GOP leaders and their misguided allies are grasping at straws here. They no doubt resent the fact that the president put together a faith-based council and invited (eek!) a gay-right supporter to participate. That Knox disagrees with the Pope on a variety of major policy issues -- a lot of American Catholics disagree with the Pope, too, by the way -- has become a convenient excuse for another tantrum.

Steve Benen 1:50 PM Permalink | Trackbacks | Comments (28)

Bookmark and Share

PELOSI MAKES HER CASE.... It's not every day that the Speaker of the House accuses CIA officials of lying to Congress about torture.

Pelosi repeated that she had not been told about the use of torture techniques, despite the claim in the recently released CIA documents that she had been. "I am saying that the CIA was misleading the Congress," she said.

Pelosi was less clear when asked about reports that her top aide had been briefed about waterboarding in 2003 and told her about it. She said she was told that her aide "had been briefed about the use of certain techniques," but added that there was little she could have done to protest.

Pelosi also said she supports the full release of CIA notes and memos detailing who was told what and when, as GOP Rep Pete Hoekstra has been demanding. "I would be very happy if they would release the briefings," she said, reiterating her call for a truth commission.

In general, I find the interest in what Pelosi knew and when to be something of a distraction. In fact, the Republicans' criticism of the Speaker needs a little work. The first GOP line is, "The Bush administration didn't torture; everything was legal; and even having this discussion is outrageous." The second GOP line is, "We demand to know what Pelosi knew about the Bush administration's torture policies."

The arguments don't quite add up.

Perhaps it's time to refocus. Isn't it far more important to know the whole truth about the torture policies and those who authorized them than it is to know what kind of briefings lawmakers received?

I wouldn't be the least bit surprised if Pelosi was less than forceful in pushing back in 2002 and 2003, serving at the time as House Minority Leader. Maybe the briefings she received at the time were deliberately vague, and the CIA -- which had a strong incentive to play fast and loose with the details -- chose to keep lawmakers in the dark a bit. Maybe Pelosi was glad. Maybe both.

But I'm curious, why is Pelosi the one hosting press conferences and being peppered with questions, while those who were actually responsible for the torture have precious little to say?

Steve Benen 1:15 PM Permalink | Trackbacks | Comments (46)

Bookmark and Share

BIG BABIES.... Tim Noah pondered an interesting question last night: why are Republicans such "sore losers"? As Noah sees it, "When Democrats lose, they're pathetic. When Republicans lose, they're bitter and mean."

That certainly seems true. Well before President Obama's 100th day in office, leading Republicans had already labeled him a communist/fascist dictator hell bent on ending civilization and getting us all killed. Prominent Republican officials made casual references to secession, emulating the Taliban, and keeping conservative activists "armed and dangerous."

In other words, after just a couple of months of Democratic rule, a few too many in the minority party were struggling to cope with reality.

When George W. Bush took office eight years ago, congressional Democrats actually tried to work with him, especially on education policy, and largely pretended not to notice the painful circumstances -- in Florida, at the Supreme Court -- that led to his presidency. This year, congressional Republicans have largely treated President Obama to a series of increasingly intense tantrums.

So, why are Republicans, to borrow Noah's phrase, "bigger babies"? He offers two possibilities:

* When it comes to losing presidential elections, Democrats have more experience. During the past 40 years, the GOP won seven presidential elections. Democrats have won only four, and all of these were under conditions that were unusually favorable.... When the Republicans lose a presidential election, it's a shock to their system. When Democrats lose, it mostly just confirms their tragic view of life.

* Democrats view elections as a means to an end, while Republicans view an election as an end in itself. This arises from their differing views about government. Democrats want to use government as a force for good in society, while Republicans want to diminish government's capacity to do harm.... These differing views of government's value cause Democrats to favor compromise (since they tend to view minimal action as preferable to no action at all) and Republicans to favor deadlock (second-best to active dismantlement of government).

The first argument doesn't really work for me. It was probably more persuasive in 1992, when Republicans thought they owned the White House, controlling it for 20 of the previous 24 years. But those days are long gone. As it stands, the Democratic candidate has won more votes than the Republican candidate in four of the last five presidential elections. The "shock to the system" defense just doesn't sound right.

The second argument is better in explaining why the GOP sees value in obstructionism, but Noah's larger question is why Republicans are "big babies" after a defeat, and act in such a "bitter and mean" fashion. Their anti-government vision doesn't really address this.

Maybe there's a problem with Noah's premise. He asks why Republicans act like spoiled children after losing a presidential race. But isn't it at least possible that these same Republicans were just as infantile before losing the presidential race? Can we rule out the notion that GOP leaders aren't sore losers, but are generally just a more ornery bunch?

Steve Benen 12:40 PM Permalink | Trackbacks | Comments (58)

Bookmark and Share

THURSDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* As expected, Florida Chief Financial Officer Alex Sink (D) announced yesterday that she is running for governor next year, in what will be an open-seat contest. Sink, initially recruited for the Senate campaign, will likely avoid a major primary challenge.

* It's long been assumed that former U.S. Attorney Chris Christie would win the Republicans' gubernatorial primary in New Jersey without too much trouble, and stood a pretty good chance of winning the general election in November. But a Rasmussen poll yesterday showed Christie leading his even-further-right primary challenger, former Bogota Mayor Steve Lonegan, by just 10 points, 39% to 29%.

* In New York, Gov. David Paterson (D) continues to struggle in statewide polls. A new Quinnipiac poll shows the governor's approval rating at just 28%. He would lose badly in a primary match-up against state Attorney General Andrew Cuomo or in a general election match-up against Rudy Giuliani.

* In New Hampshire, a new Dartmouth University poll shows Rep. Paul Hodes (D) with narrow leads over his most likely Republican opponents in next year's Senate race. The poll found former Sen. John Sununu (R) trailing Hodes by three points, and former Rep. Charles Bass trailing Hodes by just one point.

* With Republicans unable, so far, to recruit a mainstream Senate candidate in Pennsylvania, some GOP leaders are slowly throwing their support to former Rep. Pat Toomey. Today, Rep. Charlie Dent (R) endorsed Toomey's campaign.

* Rep. Mary Fallin (R) appears to be the frontrunner in Oklahoma's gubernatorial race, but a new poll shows former Rep. Rep. J.C. Watts (R-Okla.) giving Fallin a run for her money, should he get into the race.

* And in 2012 news, it looks like Sen. John Ensign (R) of Nevada is mulling a presidential campaign, and is spending some time in Iowa early next month.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (12)

Bookmark and Share

'TERRORISTS IN THE NEIGHBORHOOD'.... For Democratic lawmakers who might be worried about the Republican demagoguery on closing the detention facility at Guantanamo Bay, I'd encourage them to take a look at Steve Chapman's column on the subject today.

Here's the Obama administration's plan for emptying out Guantanamo, as I understand it: Take each prisoner out of his cell. Give him a personal apology, a big kiss and an AK-47. Then hand him a free airline ticket good for any destination in the continental United States.

Maybe I've got one or two details wrong, but I'm having trouble thinking clearly. That's because I've been listening to politicians who have responded to the news of Gitmo's pending closure with disconcerting shrieks of panic.

Senate Republican leader Mitch McConnell (R-Ky.) was beside himself upon hearing Defense Secretary Robert Gates tell a Senate committee that the Pentagon might need to transfer 100 inmates to American soil. "The administration," announced McConnell, "needs to tell the American people how it will keep the terrorists at Guantanamo out of our neighborhoods and off of the battlefield."

How on earth could that be done? Hmmm. Maybe by locking them up in grim buildings replete with iron bars and concertina wire. Same way, in other words, it kept accused terrorists Jose Padilla and Ali al-Marri out of our neighborhoods and off the battlefield.

Of course, lawmakers probably know this. Democrats no doubt realize that there are already terrorists in detention on U.S. soil, and that these attacks -- and the truly nonsensical "Keep Terrorists Out of America Act" -- are as shameless as they are ridiculous.

Republicans, one hopes, know it, too, but are counting on Americans not knowing the difference. "This issue is at the intersection of good policy and good politics," Republican pollster Glen Bolger recently argued. "All in favor of having Gitmo terrorists housed in your congressional district, raise your hand. Whoa -- no hands go up!"

Except, it has nothing to do with "good policy," which Bolger probably realizes (I find it hard to imagine he's foolish enough to believe his own talking points). It's "good policy" to close the detention facility that's become an international disgrace. It's "good policy" to take away a terrorist recruiting tool. It's "good policy" to lock up dangerous people in supermax facilities where they won't be able to hurt anyone. We know it's "good policy" because we're already doing that effectively.

Chapman added the interesting partisan twist on who's responsible for shaping U.S. national security policies.

It seems like only yesterday conservatives were intent on upholding the powers of the commander in chief against encroachment by 535 armchair generals. I'm trying to imagine the reaction if, after the Sept. 11, 2001, attacks, Democrats had proposed legislation requiring the president to get a state's consent to send its National Guard troops to Iraq.

Republicans believed, up until fairly recently, that the Commander in Chief has an obligation to shape national security policy, and any efforts to interfere with those responsibilities are an outrage that puts American lives at risk.

Unless the Commander in Chief is a Democrat, at which point these deeply held principles no longer apply.

Steve Benen 11:20 AM Permalink | Trackbacks | Comments (36)

Bookmark and Share

ENDING THE 'WAR ON DRUGS'.... It's been very encouraging of late to see the Obama administration chart a new course on drug policy. Obama's Justice Department has scrapped federal raids on legal medical marijuana clubs established in states, for example, and has also tried to bring some sanity to the vast sentencing disparities between possession of powdered cocaine and rock cocaine.

Even better, the president's new head of the White House Office of National Drug Control Policy, Gil Kerlikowske, is dropping the whole notion of a "war on drugs."

The Obama administration's new drug czar says he wants to banish the idea that the U.S. is fighting "a war on drugs," a move that would underscore a shift favoring treatment over incarceration in trying to reduce illicit drug use.

In his first interview since being confirmed to head the White House Office of National Drug Control Policy, Gil Kerlikowske said Wednesday the bellicose analogy was a barrier to dealing with the nation's drug issues.

"Regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them," he said. "We're not at war with people in this country."

Mr. Kerlikowske's comments are a signal that the Obama administration is set to follow a more moderate -- and likely more controversial -- stance on the nation's drug problems. Prior administrations talked about pushing treatment and reducing demand while continuing to focus primarily on a tough criminal-justice approach.

It is, in other words, a welcome change. Indeed, Kerlikowske told the WSJ that the Obama administration intends to address drug policy as a public health issue, not a criminal matter.

This has always seemed like a common-sense shift in emphasis, and it's long overdue.

As Matthew DeLong noted, "[T]he government's apparent recognition that America's tough drug control policies have failed to stem drug use or availability -- while ballooning the nation's incarceration rate -- is certainly welcome news for those who support a more realistic and compassionate approach to tackling the drug problem."

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (27)

Bookmark and Share

CHENEY'S FEARFUL GOP CRITICS.... Dan Balz has a report today on Republicans "wincing" in response to Dick Cheney's public-relations offensive against the president. Many in the GOP seem to like the message, but not the messenger.

Another GOP strategist, who also spoke on the condition of anonymity, pointed out the conundrum for Republicans over the former vice president's current role. "Even if he's right, he's absolutely the wrong messenger," this strategist said. His main worry, he added, is that Cheney keeps the public focused on the past, rather than the future. "We want Bush to be a very distant memory in the next election. The more Cheney is on the front burner, the more difficult it's going to be."

It seems like we've had quite a few of these reports lately -- Cheney keeps presenting himself as the official Republican critic of the White House, and Republicans keep asking why the former vice president won't go back to his undisclosed location.

But notice one key detail: none of Cheney's GOP detractors are willing to go on the record. They want him to go away; they think he's hurting their cause; they're sure he's making Democrats happy by becoming the face of the Republican Party, but not one wants to have his or her name associated with a discouraging word.

The party may not like Cheney, but for reasons that aren't altogether clear, the party clearly fears Cheney. Until the GOP's heavy-hitters get over this, the former vice president will continue to make them look bad.

Post Script: Balz's piece includes several quotes from Liz Cheney, talking about how great her dad's efforts are. Is that really necessary? I can appreciate the fact that the article is supposed to be "balanced" -- Republican fans vs. Republican detractors -- but was there any doubt as to what Liz Cheney would say about Dick Cheney?

Steve Benen 10:10 AM Permalink | Trackbacks | Comments (41)

Bookmark and Share

DIMINISHING RETURNS.... Last month's "Tea Party" protests weren't especially consequential. Far-right activists, with a variety of messages and goals, got together; Fox News seemed awfully excited; and plenty of jokes were told about Tea Baggers. But I'm left with the same feeling a month after the events that I had on April 16: what was all that about?

There's apparently going to be some kind of sequel today.

Two prominent GOP governors will host a telephonic anti-tax tea party today, an effort organized by the Republican Governors Association to capitalize politically on the outrage expressed in last month's nationwide protests.

The call, which will be led by Govs. Rick Perry (Texas) and Mark Sanford (S.C.), will feature 30,000 participants in a sort-of virtual town hall, according to RGA spokesman Mike Schrimpf.

"I have never before seen this level of political energy," said Sanford yesterday in an interview with the Fix. The goal of today's town hall, added Sanford, is to figure out "how do you take that energy and continue building it toward a movement that accomplishes change."

Perry emphasized, "These aren't crazy people." Given the Texas governor's recent support for secession, he lacks a certain credibility on who is and isn't "crazy."

Nevertheless, I'm less inclined to be annoyed at Tea Party II (Electric Boogaloo), and more inclined to feel sorry for it. These folks have gone from a series of national events and the support of a major cable network and corporate lobbyists to a giant conference call with Sanford and Perry. Feel the "revolutionary" fervor? Not so much.

For that matter, according to conservative activists, the whole point of the "Tea Parties" was to witness a more-or-less spontaneous uprising, generated by organic right-wing outrage, in a bottom-up model. Today's "Tea Party 2.0," however, drops the pretense altogether -- it's organized by the Republican Governors Association, which is encouraging activists to help (read: raise money for) the GOP in this year's gubernatorial races in New Jersey and Virginia.

It is, in other words, a shameless partisan stunt, from a party desperate for a few wins in November.

Steve Benen 9:25 AM Permalink | Trackbacks | Comments (76)

Bookmark and Share

COLEMAN'S OTHER LEGAL PROBLEM.... Former Sen. Norm Coleman and his team of lawyers are still fighting hard to reverse the outcome of last year's Senate race in Minnesota, but it appears that the Republican may end up in another courtroom for an entirely different set of reasons.

The FBI is investigating allegations that former Senator Norm Coleman had clothing and other items purchased on his behalf by a longtime friend and businessman Nasser Kazeminy, according to a source in Minnesota who was interviewed recently by federal agents. [...]

The FBI has also been conducting interviews in Texas, according to media reports, in regards to different allegations that Kazeminy tried to steer $75,000 to Coleman through his wife's employer. Up to this point, there have not been reports of any FBI work taking place in Coleman's home state.

The St. Paul Pioneer Press had a similar report, noting that the FBI has begun looking into the relationship between Coleman and Kazeminy.

It's unfortunate that this scandal has been percolating for quite some time, but it's been easily overshadowed by the seemingly endless litigation over the election itself. Coleman is fighting tooth and nail to overturn his defeat, despite a) the fact that he lost; and b) the fact that a wealthy friend of his apparently paid Coleman $75,000 under the table.

Indeed, Jon Chait had a very good piece in February, explaining that there's ample evidence to suggest that Coleman is at least as scandalous a figure as Rod Blagojevich, except Coleman's corruption scandal has been ignored by the national media. Indeed, Chait argues that in some ways, the allegations surrounding Coleman are worse than the former Illinois governor's: "Coleman is accused by a Houston businessman of having actually accepted illicit funds, while Blagojevich is merely being accused of harboring an intention to sell his Senate seat."

And while Democrats quickly and forcefully threw Blagojevich under the bus, Coleman's fellow Republicans have shown an almost comical level of tolerance for alleged corruption, and are willing to do whatever it takes to keep Coleman from officially losing his Senate race.

I can't help but wonder how the dragged-out process in Minnesota would be perceived if more people -- voters, politicians, political reporters -- realized that the candidate who keeps fighting is the same one who's under an ongoing criminal investigation by the FBI. Perhaps, if this generated even a little attention, the Republican establishment might be a little less enthusiastic about their support for Coleman, and he might be more inclined to quit one legal fight to focus his energies on the other.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share

NEVER MIND WHAT KRAUTHAMMER SAID BEFORE.... Just two weeks ago, in a strikingly unpersuasive column, Charles Krauthammer did his best to present a defense for occasional uses of torture. In the same column, however, Krauthammer conceded that waterboarding is torture and that torture is "an impermissible evil."

It was clear from the argument that when Krauthammer said torture is an "impermissible evil," he meant it, except for the part about it being impermissible, and the part about it being evil. But just as important, Matt Corley reported that Krauthammer appeared on a radio show yesterday and reversed course on waterboarding, too.

"Some people on the right have faulted me because in that column that you cite I conceded that waterboarding is torture. Actually, I personally don't think it is cause it's an absurdity to have to say the United States of America has tortured over 10,000 of its own soldiers because its, you know, it's had them waterboarded as a part of their training. That's an absurd sentence.

"So, I personally don't think it is but I was willing to concede it in the column without argument exactly as you say to get away from the semantic argument, which is a waste of time and to simply say call it whatever you want."

There's obviously a lot of nonsense here. The SERE argument, for example, is patently absurd, and Krauthammer knows it.

But notice that Krauthammer tries to rationalize making a concession in his printed column that he didn't actually believe. He doesn't believe waterboarding is torture, but said the opposite in a Washington Post piece to "get away from the semantic argument"? What does that even mean?

For that matter, why should Washington Post readers consider -- or Washington Post editors publish -- Krauthammer's arguments if he's willing to make claims he admittedly doesn't support?

A columnist relies, above all else, on his or her credibility as an observer. If Krauthammer had a legitimate change of heart -- he used to believe torture is torture, but has since gained learned additional information -- that's fine. But he's arguing that he intentionally made a claim he doesn't believe for rhetorical purposes. That's hardly in line with the standards of a professional.

Post Script: As for the substance of Krauthammer's torture apologetics, an Army National Guard lieutenant colonel has a few words for the Post columnist.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (30)

Bookmark and Share
By: Hilzoy

Refugees

From the UNHCR:

"The number of people who have fled the fighting in northwest Pakistan this month and been registered or recorded by authorities reached 670,906 on Wednesday, up from just over half a million the day before.

The majority of those registered by Pakistani authorities with the assistance of UNHCR are staying in the homes of friends and relatives or camping out in the open; a fraction of the total -- 79,842 -- are now living in camps."

Here's the story of a barber from Barikot in Swat:

"A few months back his business closed down as shaving was declared an unacceptable business. He had no intention of leaving Barikot.

But as the military action started and the firing of guns grew louder - along with the shrieks and howls of terrified people - it became impossible for him and his family to live there any longer.

Children had become hysterical - crying endlessly - and everyone was in a trauma not knowing when the shells would hit them.

Like many others, he decided on the spur of the moment to leave as he could not take it anymore."

These people badly need help: many of them fled with nothing, and while those in refugee camps are probably the worst off, those who have relatives to stay with also need help. (Click here to read about a security guard who supports his wife and three children on $153/month, and who is presently housing and feeding twenty relatives, with more probably on the way.) They've suffered through the Taliban; now their homes are in the middle of a war zone. As Ahsan at Five Rupees says:

"The people living in these areas have been through absolute hell for over a year now, as the Taliban encroached upon their land, slowly took over, extended their brutal form of "government", and are now being driven out by the Pakistani military. Again, to reiterate, they never asked for any of this."

You can help them out via the UNHCR, Oxfam, Save the Children, and other organizations. I think it's especially important since we are not exactly uninvolved in this war. Thanks.

Hilzoy 1:55 AM Permalink | Trackbacks | Comments (8)

Bookmark and Share
 
May 13, 2009
By: Hilzoy

Release The Photos

From the Washington Post:

"A month after making public once-classified Justice Department memos detailing the Bush administration's coercive methods of interrogation, President Obama yesterday chose secrecy over disclosure, saying he would seek to block the court-ordered release of photographs depicting the abuse of detainees held by U.S. authorities abroad.

Obama agreed less than three weeks ago not to oppose the photos' release but changed his mind after viewing some of the images and hearing warnings from his generals in Iraq and Afghanistan that such a move would endanger U.S. troops deployed there.

"The publication of these photos would not add any additional benefit to our understanding of what was carried out in the past by a small number of individuals," Obama said yesterday. "In fact, the most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in danger."

Civil liberties and human rights advocates said the reversal would serve to maintain the Bush administration's legacy of secrecy. Kenneth Roth, executive director of Human Rights Watch, said Obama's shift was "deeply disappointing.""

Deeply disappointing is right. I gather the administration is appealing on grounds they think have not been made previously; with any luck, these arguments will be rejected.

I have precisely no desire to put our troops in danger. (Just one more reason not to torture people in the first place.) But we are supposed to be a democracy, and what our government does in our name ought to be available to us unless there is some very good reason to keep it secret. And the fact that people would be appalled by it is not such a reason -- if anything, it just makes the case for disclosure stronger. After all, the things it is most important to disclose are the things that people care about, not the things that are a matter of complete indifference.

Oh, and Chris Cilizza: I don't mind this because it's "a perceived poke in the eye". It's not about me; it's about having an open government that does not act as though we need to be protected from the knowledge of what is done in our name.

Hilzoy 10:29 PM Permalink | Trackbacks | Comments (47)

Bookmark and Share

WEDNESDAY'S MINI-REPORT.... Today's edition of quick hits:

* A disappointing White House reversal: "President Obama said on Wednesday that he is seeking to block the release of photographs that depict American military personnel abusing captives in Iraq and Afghanistan, worrying that the images could 'further inflame anti-American opinion.'" He added that the pictures "are not particularly sensational."

* You can tell when the president makes a bad decision by the number of high-profile Republicans who offer Obama praise.

* In more encouraging White House news, the administration is poised to announce new regulations of derivatives.

* What did we learn at today's Senate hearing on Bush-era torture?

* There were hopes that some of the economic numbers from April would offer some signs of hope. They didn't -- foreclosure and retail numbers were both awful.

* The president believe the "stars are aligned" to get health care reform passed this year. I hope he's right.

* On a related note, Organizing for America is getting to work rallying support on the issue.

* Something to keep in mind while Senate Republicans block Dawn Johnsen: "Her predecessor, Jay Bybee -- who went on to authorize illegal torture -- won easy confirmation in 2001 through a simple voice vote. Bybee's successor, Jack Goldsmith, was also approved by a voice vote. Steven Bradbury served for three years as an acting OLC head, and so did not have to come up for a vote. Having a full -- and filibuster-proof -- Senate vote on Johnsen would be an unusual break with recent precedent."

* I'm not sure if the new cooperative plan with the Pakistani government over the use of Predator drones is going to work out.

* Congrats to Marcy Wheeler for winning a Hillman Foundation journalism award. It's well deserved.

* Marriage equality takes a step forward in New York.

* The language Christopher Hitchens used to attack Wanda Sykes is not OK.

* Eric Boehlert asks a question I've pondered many times myself: "Does anybody actually edit the WashTimes?"

* And once in a while, it feels good to be appreciated. This very generous post brought a smile to my face.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (47)

Bookmark and Share
By: Hilzoy

Meeting Them On Their Level

I write to inform you that I have just concluded a special extraordinary session of me, in which I unanimously adopted the following resolution:

WHEREAS the Urban Dictionary defines "Poopyhead" as "The single most offensive thing you can call someone. It's like the atom bomb of arguments. Men fear it's omnipotent and awesome power. It it literally unmatched and all humble themselves in the presence of it's divinity. Few have survived to tell of it..." [sic];

WHEREAS the Republican Party, in its present incarnation, is deserving of any number of schoolyard epithets;

WHEREAS something has to stop them from making fools of themselves, and neither reason, decency, good sense, nor the prospect of an endless series of electoral defeats seems to do the trick;

WHEREAS the time therefore seems ripe to deploy "the atom bomb of arguments"; therefore be it

RESOLVED: that I, the member of me, recognize that the Republican Party is dedicated to reorganizing American society along poopyhead ideals; and be it further

RESOLVED: that I, the member of me, do call upon the Republican Party to be honest and truthful with the American people by acknowledging that they have devolved into a party of schoolchildren and should, therefore, agree to rename themselves the Grand Old Poopyheads.

Hilzoy 4:41 PM Permalink | Trackbacks | Comments (25)

Bookmark and Share

TAYLOR CROSSES RUSH LINE, FACES WRATH.... The other day, I teased Jerry Taylor for a post at the National Review in which he said President Obama wants to convince the public that guys like Sean Hannity and Rush Limbaugh "are the leaders of the GOP at the moment." Taylor said this is premised on the notion that these personalities "are thought to be relatively unpopular with non-movement Americans."

I joked that there isn't any real mystery here; clowns like Limbaugh really are unpopular with Americans outside the conservative "movement." Taylor responded yesterday, and after encouraging me to "cut back on the coffee," he conceded he is "no fan" of Limbaugh and Hannity.

While I will admit to not listening to their shows, the snippets that I have caught over the years have irritated. One can agree with a majority of their vision regarding what constitutes good public policy and who is worthy of my vote while being annoyed by the manner in which their arguments are being made and chagrined by the dubious logic and dodgy evidence being forwarded to buttress their arguments. One can also be driven to frustration by the seemingly endless parade of political red herrings and conspiracy-minded nonsense that I have heard both of them traffic in.

Good for Taylor for having the courage to say so publicly. Indeed, after taking a few mild shots from fellow conservatives at "The Corner," Taylor returned to the subject.

[T]he more people who think Rush Limbaugh leads the GOP, the fewer votes the GOP will get. [...]

Just because Sean Hannity and Rush Limbaugh agree with us more often than not doesn't mean conservatives should shout "Amen!" when Obama coronates them as leaders of the Republican party or the conservative movement.

Regarding my claim that Rush Limbaugh and Sean Hannity often use "dodgy evidence" to back their claims, I can only plead that on the rare occasions that I've listened, this is exactly what I have found.... [I]f you want chapter and verse on that score, you can't do better than Al Franken's two books on this subject (Lying Liars and Rush Limbaugh). Now, I know that this will double my hate mail, but the fact is that Mr. Senator-Elect is often spot-on regarding the facts when he goes after these guys.

He added that many of Hannity's bizarre attacks on the president are "bark-at-the-moon crazy," which makes Hannity a poor banner-carrier for conservative ideas.

This, not surprisingly, also did not go over well at "The Corner." In fact, Mark Stein called Taylor's arguments "pathetic," and "an embarrassment to National Review." So, Taylor returned to the subject once more.

The question for conservatives is this: Do you want President Obama to succeed in painting the Republican party as the party of Rush Limbaugh? Given his sub-Nixon popularity figures, I can't believe I'm causing a firestorm by suggesting the answer here is probably "no."

Except, of course, he was causing a firestorm by crossing the one line conservatives aren't supposed to cross -- he questioned the value of letting a deceptive, drug-addled radio shock-jock lead a party and movement.

The irony here is that Democrats have worked for months to carefully characterize Limbaugh as the right's driving force and leading authority. Corner-ites, by slamming their conservative colleague for questioning the utility in following Limbaugh, only help reinforce the Dems' point.

The left keeps arguing, "Conservatives are a bunch of mindless ditto-heads, reflexively taking orders from a man who lies on the radio for a living." And the right keeps responding, "You're damn right we are!" It just never seems to occur to the right, Taylor's valiant efforts notwithstanding, that it's rarely a good idea to let Democrats call their shots for them.

Steve Benen 4:40 PM Permalink | Trackbacks | Comments (24)

Bookmark and Share

THE GOP BASE VS THE NRSC.... When Florida Gov. Charlie Crist (R) announced yesterday that he's running for the Senate next year, the Republican Party started feeling pretty good for a change. Crist, who enters the race as a favorite, gives the GOP a fairly good chance at keeping a key Senate seat, and sends a larger signal about relative moderates still feeling welcome in the party.

The party's activist base, however, has a far different take.

Uh oh -- the conservative backlash against the national GOP for its endorsement of moderate, stimulus-supporting Governor Charlie Crist in the GOP primary continues apace.

Top right wing blogger Erick Erickson of RedState.com is now calling for conservatives to stop giving money to the NRSC over the endorsement of Crist, who is running against conservative former House Speaker Mark Rubio.

Erickson denounced the NRSC's decision to endorse Crist as "wholly unacceptable," adding: "If the NRSC thinks this is smart, we must not waste our time or energy with them. Join me in pledging no money, no help, no aid, and no support for the NRSC's efforts in the 2010 election cycle."

In an apparent reference to rumors surrounding the Florida governor's personal life, Erickson later tweeted that NRSC support for Crist "will blow up in their face big time when the salacious stuff comes out."

The far-right party base was already annoyed when the NRSC lobbied Tom Ridge, another relative moderate, to run in Pennsylvania, but support for Crist seems to have exacerbated the frustrations.

Erickson isn't alone on this. Matt Lewis reported on the conservative bloggers' widespread frustrations with party leaders, most notably on recruiting and 2010 strategy.

There are a long 15 months between now and Florida gubernatorial primary. Expect the tensions between the party and the base to grow increasingly fervent.

Steve Benen 3:25 PM Permalink | Trackbacks | Comments (37)

Bookmark and Share

TORTURE AND THE RELIGIOUS RIGHT.... We haven't heard too much from the religious right on the debate over Bush's torture policies, which is something of a surprise since the movement is trying to reassert its relevance in Republican politics. How do the self-appointed arbiters of morality view torture?

Well, it's a mixed bag. The Southern Baptist Convention's Richard Land, to his credit, is on the side of angels on this issue. Christianity Today reported, "Land explained that while he supports capital punishment for convicted killers, he denounces torture in all cases because he's compelled to honor the image of God as reflected in all human beings." Land added that he rejects the notion that the ends justify the means, adding, "[T]hat is a very slippery slope that leads to dark and dangerous places."

And on the flip-side, there's Gary Bauer.

Gary Bauer, a former Republican presidential candidate affiliated with several Christian right groups over the years, said the discussion should not come down to "Would Jesus torture?"

"There are a lot of things Jesus wouldn't do because he's the son of God," he said. "I can't imagine Jesus being a Marine or a policeman or a bank president, for that matter. The more appropriate question is, 'What is a follower of Jesus permitted to do?'"

Bauer said the answer is "it depends" -- but the moral equation changes when the suspect is not a soldier captured on a battlefield but a terrorist who may have knowledge of an impending attack. He said he does not consider water-boarding -- a form of interrogation that simulates drowning -- to be torture.

"I think if we believe the person we have can give us information to stop thousands of Americans from being killed, it would be morally suspect to not use harsh tactics to get that information," Bauer said.

Got that? It would be morally suspect not to think the ends justify the means, according to this prominent Christian conservative leader.

Something to keep in mind the next time the religious right is lecturing the rest of us about our moral depravity.

Steve Benen 2:40 PM Permalink | Trackbacks | Comments (77)

Bookmark and Share

WASN'T THAT DEBUNKED ALREADY?.... Sen. Lindsey Graham (R-S.C.) cited in a committee hearing the infamous ABC News interview with John Kiriakou. It was a 2007 report in which Kiriakou, a former CIA interrogator, said Abu Zubaydah broke quickly under Bush-endorsed "enhanced interrogation techniques."

The report was a conservative favorite, since it seems to support the right's principal argument -- morality and the law notwithstanding, the administration's torture tactics produced valuable results.

What Graham neglected to mention is that the ABC News report has since been debunked. Even the network itself has followed up by disavowing its report.

Graham referenced this ABC News story, which aired former CIA officer John Kiriakou's unverified and second-hand claims that suspected terrorist Abu Zubaydah broke after being waterboarded for under a minute. Graham said the suspect had been broken "within 35 seconds."

Unfortunately for Graham, that ABC story is the same one that got lots of attention last month, including a front-page piece in The New York Times, because it was contradicted by the revelation in the torture memos that Abu Zubaydah had been waterboarded over 80 times.

After that Times piece ran, ABC itself did another story conceding that its earlier one had been wrong.

When told that the ABC report he was relying on had already been debunked, Graham apologized, acknowledged that he wasn't prepared for today's hearing, and conceded he didn't know what he was talking about.

No, no, I'm just kidding. Graham actually just stared blankly for a moment before changing the subject, unwilling to admit his humiliating mistake.

There's also, of course, the larger question of why Graham is going down this road in the first place. He's one of the handful of GOP lawmakers who pretends to find torture offensive. Why, then, would it matter if torture broke Abu Zubaydah in 35 seconds? The claim itself is clearly wrong, but is Graham's new argument that torture is now acceptable just so long as it's brief?

Steve Benen 2:05 PM Permalink | Trackbacks | Comments (18)

Bookmark and Share

PROVING POSNER RIGHT.... The Republican Party doesn't have an economic policy. Or a coherent foreign policy. It's more than a little fuzzy when it comes to health care, energy, the environment, and education.

But the shrinking GOP has invested quite a bit of time and energy into coming up with a new name for Democrats. Roger Simon reports:

A member of the Republican National Committee told me Tuesday that when the RNC meets in an extraordinary special session next week, it will approve a resolution rebranding Democrats as the "Democrat Socialist Party."

Notice, these clowns can't even get the grammar right. The "Democratic Socialist Party" would merely be moronic; the "Democrat Socialist Party" is both moronic and an insult to the English language.

Regardless, the effort is a breakthrough moment in political inanity. Members of the Republican National Committee are holding a special meeting so they can officially ask Democrats to change the name of their political party to something Republicans prefer. In fact, the resolution, which might as well have been written in crayon, concludes that the RNC is "calling on" the Democratic Party to embrace the GOP-endorsed name. It adds that Democrats "should agree" to the re-naming.

If Democrats disagree, the RNC has promised to stomp its feet and hold its breath.

If you're thinking the RNC might need a "time out," we're on the same page.

Richard Posner, a well-known conservative and Reagan-appointed federal judge, argued this week that "conservative intellectuals" no longer have a political party. For some reason, the Republican National Committee appears anxious to prove Posner right.

Steve Benen 1:20 PM Permalink | Trackbacks | Comments (59)

Bookmark and Share

GOP OBSTRUCTIONISM BLOCKS HAYES NOMINATION.... A little too often, the world's most deliberative body is a dysfunctional mess.

For the first time, Senate Republicans blocked a nominee of the Obama administration, mounting a filibuster against the appointment of David Hayes to be deputy secretary of the Interior Department in a dispute over oil and gas leases in Utah.

An attempt to force a final vote on Mr. Hayes's nomination fell short of the required 60 votes Wednesday morning as Republicans stood nearly united against Mr. Hayes, a former Interior Department official during the Clinton administration.

Well, "required 60 votes" is itself a dubious claim. A majority of the Senate wanted to confirm Hayes, but Republicans, for reasons that had nothing to do with Hayes or his qualifications, decided he shouldn't get a vote.

Indeed, the GOP has been quite candid about this. Sen. Robert Bennett's (R-Utah) office conceded yesterday, "This is not about Hayes." What it's about is a decision by the Obama administration to rescind some oil and gas leases in the West. Oil companies aren't happy about it, which means Republican senators aren't happy about it, which means the GOP has decided to punish the administration by refusing to let the Senate vote on a qualified Interior Department nominee.

What does Hayes have to do with the oil and gas leases? Nothing. Republicans just want to obstruct to make a point. They are, in other words, playing a petty, partisan game. Again.

Here's the roll call, but it's a little misleading. Hayes secured 57 votes, three short of the artificial minimum set by the shrinking Republican minority. It would have been 58, but Majority Leader Harry Reid switched for procedural reasons (by voting "nay," he can bring the nomination back to the floor at another time). It would have been 59, but John Kerry was in Massachusetts attending a funeral for a soldier killed in Iraq. It would have been 60, but Barbara Mikulski of Maryland wasn't in the chamber at the time.

Why the leadership didn't wait and hold the vote when Kerry and Mikulski were available, giving Hayes 60 votes, is unclear, but it suggests the nomination isn't completely dead yet.

Either way, though, it points to a process that is unsustainable. Qualified nominees who "only" enjoy the bipartisan support of a clear majority of the Senate are now denied floor votes. The Senate was never created to work (or not work) this way, and as Matt Yglesias noted this morning, the trend is "pointing in the direction of constant filibustering leading to the total paralysis of the American government."

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (31)

Bookmark and Share

WEDNESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* A coalition of unions have launched a new TV ad in Pennsylvania, taking on Arlen Specter for his opposition to EFCA.

* Republicans really seem to believe Senate Majority Leader Harry Reid is vulnerable in Nevada next year. They just can't seem to find a credible opponent for him.

* In Florida, with Charlie Crist running for the Senate, the gubernatorial race will probably come down to state CFO Alex Sink (D) vs. state Attorney General Bill McCollum.

* Speaking of Florida, almost immediately after Crist announced, former House Speaker Marco Rubio launched an ad accusing the governor of being overly supportive of President Obama.

* John McCain is up for re-election next year, and while he's likely to win another term, a new poll shows a plurality of Arizonans believe the senator is out of touch with his constituents.

* NRCC Chairman Pete Sessions' (R-Texas) bizarre anti-Obama tantrum the other day is now the subject of a DNC fundraising effort.

* Utah Attorney General Mark Shurtleff accidentally announced that he's challenging Sen. Bob Bennett in a Republican primary next year, indicating his plans in a Twitter message he intended to send to one person. Shurtleff tried to pull his announcement, but it was too late.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share

QUOTE OF THE DAY.... Sen. Lindsey Graham (R-S.C.) said something interesting this morning in an opening statement during a hearing of the Senate Judiciary Committee. He was trying to offer a defense of the Bush administration's interrogation practices, but I think Graham ended up saying something that undermines his own case.

"Here's what I think happened [after Sept. 11, 2001]: the nation was rattled. The administration went on the offensive and they looked at some statutes on the book as a way I wouldn't have looked at. They were very aggressive. They were going to make sure this didn't happen again, and they tried to come up with interrogation techniques, evaluating the law in a way I disagree with their evaluation. But there is not one iota of doubt in my mind they were trying to protect the nation.

"But they made mistakes. They saw the law, many times, as a nicety that we couldn't afford. [emphasis added]

"So, they took a very aggressive interpretation of what the law would allow, and that came back to bite us. It always does.

"But that's not a crime. What we have to understand as a nation, is the fact that we embrace the rule of law is a strength, not a weakness."

I wish the second part of Graham's speech would take a closer look at the first part of Graham's speech.

Embracing the rule of law sounds great, but when an administration looks at the law as "a nicety we can't afford," then it's an abandonment of the rule of law. Indeed, Graham is saying exactly what liberals are saying -- instead of following the law, Bush and his team saw the law as something that can and should be avoided. Graham, in effect, is endorsing the left's case.

He quickly added, however, that this isn't a "crime." But how does Graham know? If he agrees that Bush treated the law as little more than "a nicety," how can Graham be sure the activities were legal?

If the embrace of the rule of law is "a strength, not a weakness," wouldn't Graham support some kind of independent investigation to determine whether or not any laws were, in fact, broken?

Steve Benen 11:20 AM Permalink | Trackbacks | Comments (41)

Bookmark and Share

THE DEMS' NEW BEST FRIEND.... Dick Cheney, after appearing on "Face the Nation" on Sunday, sat down for a lengthy interview with Fox News' Neil Cavuto yesterday, before making another appearance in New York last night. He's trashing the president, weighing in on the debate against EFCA, talking up war with Iran ... and generally making Democrats awfully happy.

...Cheney's reappearance delights Democrats -- "Bring it on!" quipped a White House official Tuesday afternoon when asked about Cheney's re-emergence -- and dismayed Republicans. Said one: "We're trying to turn the page and he's climbing out of the grave to haunt us."

For some reason, Nelson Muntz's "ha, ha" keeps coming to mind.

Even Maureen Dowd is writing good columns on the subject.

Cheney has replaced Sarah Palin as Rogue Diva. Just as Jeb Bush and other Republicans are trying to get kinder and gentler, Cheney has popped out of his dungeon, scary organ music blaring, to carry on his nasty campaign of fear and loathing. [...]

Cheney's numskull ideas -- he still loves torture (dubbed "13th-century" stuff by Bob Woodward), Gitmo and scaring the bejesus out of Americans -- are not only fixed, they're jejune.

He has no coherent foreign policy viewpoint. He still doesn't fathom that his brutish invasion of Iraq unbalanced that part of the world, empowered Iran and was a force multiplier for Muslims who hate America. He left our ports unsecured, our food supply unsafe, the Taliban rising and Osama on the loose. No matter if or when terrorists attack here -- and they're on their own timetable, not a partisan red/blue state timetable -- Cheney will be deemed the primary one who made America more vulnerable.

An official from the first Bush administration went so far as to say that Cheney is "giving the whole party a black eye."

Maybe the DNC can put together an "Employee of the Month" award for the former Vice President. He's clearly earned it.

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (39)

Bookmark and Share

YOO CAN'T BE SERIOUS.... The Philadelphia Inquirer's defense for hiring John Yoo as a columnist was even worse yesterday than it was the day before.

Harold Jackson, The Inquirer's editorial page editor, said he was surprised by the sudden delayed anger directed his way over Mr. Yoo. He said the decision to hire a columnist was his, but that "Mr. Yoo was suggested by the publisher," Brian Tierney.

"There was a conscious effort on our part to counter some of the criticism of The Inquirer as being a knee-jerk liberal publication," Mr. Jackson said. "We made a conscious effort to add some conservative voices to our mix."

Asked if the release of the memos affected his view of hiring Mr. Yoo, Mr. Jackson said: "From a personal perspective, yes. We certainly know more now than we did then, but we didn't go into that contract blindly. I'm not going to say the same decision wouldn't have been made."

But Tierney said the memos did not alter his opinion.

This doesn't work at all. First, there was "delayed anger" because no one knew -- and the paper didn't announce -- that the Inquirer had actually hired Yoo until this past weekend. As a rule, people rarely complain about a development before learning about it.

Second, hiring the author of torture memos to prove the paper isn't liberal is just crazy. The Inquirer, which publishes in one of the nation's most Democratic cities, is already paying Rick Santorum, for crying out loud. What some in the media fail to realize is that reflexive conservatives, who expect all news outlets to follow the standards of Fox News and the Wall Street Journal editorial page, won't be impressed. Republicans who think the paper is a "knee-jerk liberal publication" will continue to think that whether or not it pays John Yoo for poorly written columns.

I was most surprised, though, to see the Inquirer brass say they just didn't care much about Yoo's work. It seemed at least plausible to me the paper might argue, "When we hired Yoo, the torture memos hadn't been released yet." That wouldn't have been persuasive -- Yoo's record and tolerance for routine law-breaking was already clear -- but it would have at least offered the Inquirer some deniability. Yoo was hired in November 2008; Yoo's memos were released in April 2009.

But the paper's publisher and editorial page editor seem largely unfazed, and suggested Yoo would have been hired anyway. The torture advocate runs the risk of getting arrested if he leaves the country, but the Inquirer is nevertheless pleased to pay him to share his insights on current events.

There are probably some creative, thoughtful right-of-center writers in Philly who could write some interesting columns. The problem isn't that the Philadelphia Inquirer hired another conservative, it's that the paper hired someone who made alleged war crimes possible.

Post Script: Tierney told the NYT few of his readers actually care about this: "I've gotten more mail recently on our making our comics smaller than I have on John Yoo." Here's hoping that changes fairly soon.

Steve Benen 9:50 AM Permalink | Trackbacks | Comments (39)

Bookmark and Share

WHO PAYS FOR THE NEWS?.... American journalism has entered a phase of what the economist Joseph Schumpeter called "creative destruction." Gone are the fat profit margins that once underwrote investigative teams and deep, experienced teams of reporters to monitor and hold accountable both government and private power. New and exciting forms of journalism are sprouting, but new business models have yet to evolve to replace the old ones that are crumbling.

And while the demise of any one media outlet is a problem mainly for its owners and audience, the broad decline of independent, investigative journalism is a serious threat to U.S. politics and public interest. If the market won't underwrite good journalism, are there other models that will?

The Washington Monthly and the New America Foundation are co-hosting an event today to discuss the future of journalism and the role philanthropy might play in its transformation. The first panel will feature Washington Monthly Editor-in-Chief Paul Glastris, along with The Atlantic's James Bennet, MiXT Media Strategies' Maxine Teller, the NAF's Douglas McGray, and Alex Jones from the Joan Shorenstein Center on the Press, Politics and Public Policy.

The event is just now getting started at the NAF offices. For those who aren't in D.C., I'm embedding a video feed below.


Steve Benen 9:05 AM Permalink | Trackbacks | Comments (11)

Bookmark and Share

SCREWING OVER DAWN JOHNSEN.... In a Senate where the Democratic caucus now stands at 59 votes, this is just ridiculous.

As Senate Majority Leader Harry Reid (D-Nev.) moves to ease a backlog of executive branch nominations, he suggested on Tuesday that he does not have the votes to bring up President Barack Obama's pick to run the Department of Justice's Office of Legal Counsel.

"Right now we're finding out when to do that," Reid said, responding to a question about the status of Indiana University law professor Dawn Johnsen's nomination to the Justice post. "We need a couple Republican votes until we can get to 60."

Let's acknowledge at the outset that allowing a shrinking Senate minority to mandate 60 votes for confirmation is itself absurd. No president in American history has had to deal with this kind of obstructionism to put together the team he wants, staffing relatively unknown administration posts. It's obstructionism on an unprecedented scale and it's an unsustainable way for the political process to operate.

Let's also take a moment to note that Johnsen is an exceptional nominee, who is unquestionably qualified, and clearly deserves confirmation.

That said, what kind of show is Harry Reid running here? His caucus has 59 members, and Sen. Dick Lugar of Indiana, a conservative Republican, has already endorsed Johnsen's nomination. We have Democratic senators who won't even let the president's choice for the OLC get a vote because she's pro-choice?

I know that Ben Nelson (Neb.) and Arlen Specter (Pa.) oppose Johnsen's nomination. Fine, they can vote against her when the Senate votes on her confirmation. But denying Johnsen an up-or-down vote, because 15 years ago she provided legal counsel in support of legal reproductive rights, is farcical.

Christy Hardin Smith noted this morning, "This is a failure of leadership. Period." She's absolutely right.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (43)

Bookmark and Share

THE ORIGINAL KING OF IRONY.... Anyone looking for reasoned, sensible analysis from Karl Rove is bound to be disappointed. But since President Obama took office, the man the former president affectionately called Turd Blossom has spent most of his time acting like a child who believes it's "opposite day."

As Ali Frick reported, Rove appeared on (where else?) Fox News yesterday, arguing that the abolition of U.S. torture policies will make it easier for terrorists to recruit new members. As Rove sees it, now that Obama has "forsworn" Bush-era interrogation tactics, it's given terrorists "a tool to make it more attractive to recruit people."

The irony is, it was Rove's boss that made terrorist recruiting easier by using the very torture techniques Obama has rejected. Rove's argument doesn't even make any sense -- terrorists will find more willing volunteers to strike at the United States because we're not torturing detainees? Humane treatment of prisoners has become some kind of rallying cry for radicals?

As Frick explained, "Experts from FBI special agent Jack Cloonan to torture victim Sen. John McCain (R-AZ) to former Army JAG Major General Thomas Romig all agree that Bush and Rove's "enhanced interrogation" program recruited terrorists who have killed thousands of Americans. Indeed, former military interrogator Matthew Alexander cited Bush's interrogation program as the most effective means to recruiting insurgents in Iraq who were battling Americans every day."

I'd just add that this fits into a larger pattern with Rove. He identifies some of the worst developments of the Bush/Cheney White House -- in this case, the fact that the Bush administration made terrorist recruiting easier -- and projects the same faults onto President Obama. Consider some of Rove's recent arguments: Obama is guilty of using hardball political tactics; the president looks at every policy issue "from a political perspective"; the White House is making "power grabs"; Obama, unlike Bush, is "polarizing," because of his "petty" partisanship.

About a year ago, Rove accused the New York Times of having "outed a CIA agent," which "obviously puts the CIA agent in danger." Rove added that disclosing the name of a CIA operative represents "a very callous view about our nation's security and interests." It was, at the time, one of the most ironic things I'd ever heard.

Apparently, it was just a sign of things to come.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (24)

Bookmark and Share
By: Hilzoy

"My Colleagues Just Stared At That Line"

Michael Crowley catches an important development:

"Obama's new budget plan includes a little-noted sea change in U.S. nuclear policy, and a step towards his vision of a denuclearized world. It provides no funding for the Reliable Replacement Warhead program, created to design a new generation of long-lasting nuclear weapons that don't need to be tested. (The military is worried that a nuclear test moratorium in effect since 1992 might endanger the reliability of an aging US arsenal.) But this spring Obama issued a bold call for a world free of nuclear weapons, and part of that vision entails leading by example. That means halting programs that expand the American nuclear stockpile. For the past two budget years the Democratic Congress has refused to fund the Bush-era program. But Obama's budget kills the National Nuclear Security Administration program once and for all.

"My colleagues just stared at that line," says Joe Cirincione, a longtime nonproliferation expert and president of the Ploughshares Fund. "They had never seen anything like that." Killing the program, he said, was "the first programmatic impact of the new [zero nukes] policy. People have said they want to see more than words, this is the very first action.""

This is serious. And it's very welcome. We need to strengthen international controls on nuclear weapons, not weaken them. That will be very hard to do if we are simultaneously trying to build more. Good for Obama for following through on this point.

Hilzoy 2:08 AM Permalink | Trackbacks | Comments (15)

Bookmark and Share
By: Hilzoy

Repeal 'Don't Ask, Don't Tell'

Lt. Daniel Choi, who recently came out as gay, wrote a letter to Barack Obama, citing the values of honesty and integrity that he learned at West Point, and asking: "Please do not wait to repeal Don't Ask, Don't Tell. Please do not fire me." He also makes some very good points about the effect of DADT on the Army itself:

"I have personally served for a decade under Don't Ask, Don't Tell: an immoral law and policy that forces American soldiers to deceive and lie about their sexual orientation. Worse, it forces others to tolerate deception and lying. These values are completely opposed to anything I learned at West Point. Deception and lies poison a unit and cripple a fighting force.

As an infantry officer, an Iraq combat veteran and a West Point graduate with a degree in Arabic, I refuse to lie to my commanders. I refuse to lie to my peers. I refuse to lie to my subordinates. I demand honesty and courage from my soldiers. They should demand the same from me. (...)

The Department of the Army sent a letter discharging me on April 23rd. I will not lie to you; the letter is a slap in the face. It is a slap in the face to me. It is a slap in the face to my soldiers, peers and leaders who have demonstrated that an infantry unit can be professional enough to accept diversity, to accept capable leaders, to accept skilled soldiers.

My subordinates know I'm gay. They don't care. They are professional.

Further, they are respectable infantrymen who work as a team. Many told me that they respect me even more because I trusted them enough to let them know the truth. Trust is the foundation of unit cohesion. (...)

Do not fire me because my soldiers are more than a unit or a fighting force -- we are a family and we support each other. We should not learn that honesty and courage leads to punishment and insult. Their professionalism should not be rewarded with losing their leader. I understand if you must fire me, but please do not discredit and insult my soldiers for their professionalism."

It has always seemed obvious to me that Don't Ask, Don't Tell is immoral and discriminatory. But I've never understood why it isn't clear that it's also an insult to the professionalism of the military. The very idea that our soldiers should not be quite capable of subordinating their personal beliefs to the needs of their unit is as insulting. The idea that if some of them can't, we should fire the people they object to rather than the ones who cannot be counted on to put their jobs first is just bizarre.

That said, I am wary of asking Obama to simply set aside a law, however misguided. I didn't like it when Bush did that, and I don't like it now. The idea of suspending it while the administration "studies" it seems like a disingenuous way to get around the law. The Palm Center (pdf) has a better idea:

"The President has the authority to issue an executive order halting the operation of "don't ask, don't tell." Under 10 U.S.C. § 12305 ("Authority of the President to Suspend Certain Laws Relating to Promotion, Retirement, and Separation"), Congress grants the President authority to suspend the separation of military members during any period of national emergency in which members of a reserve component are serving involuntarily on active duty."

I am not a lawyer, so I don't know whether this would work, but if it could, Obama should use it. (Unlike the idea of studying DADT, this would not be a dodge: we do need, for instance, Arabic linguists like Lt. Choi.)

Whether or not Obama can legally suspend DADT, though, Congress plainly can. HR 1283, which would repeal DADT, is still in committee. Nancy Pelosi should move it as quickly as possible. While Congress dawdles, people's careers are being ended. And that's not right.

Hilzoy 1:30 AM Permalink | Trackbacks | Comments (5)

Bookmark and Share
 
May 12, 2009
By: Hilzoy

Two Sizes Too Small

In a piece called "How Jezebel is Hurting Feminism", Linda Hirshman writes:

"The Jezebels are clearly familiar with the rhetoric of feminism: sexism, sexual coercion, cultural misogyny, even the importance of remembering women's history. But they are also a living demonstration of the chaotic possibilities the movement always contained. In its origins, women's liberation meant lifting the restrictions of a sexist and ancient culture. From removing the barriers to women working to striking down the criminal laws against birth control and abortion, feminism was first and foremost a liberation movement. Liberation always included an element of sexual libertinism. It's one of the few things that made it so appealing to men: easy sexual access to women's bodies. (And to their stories about sex, which helps explain why 49 percent of Jezebel's audience is men.)

But unregulated sexual life also exposes women to the strong men around them, and here, the most visible of the Jezebel writers reflect the risks of liberation. Even if the girls gone wild stories are substantially overstated, the emergence of Tkacik and Egan as brand emissaries of Jezebel, and its attendant increase in popularity -- as well as the responsive posts from the community of commenters, who call themselves "Jezzies" or "Jezebelles" -- forces feminism to confront their public sexual narrative. How can women supposedly acting freely and powerfully keep turning up tales of vulnerability -- repulsive sexual partners, pregnancy, sexually transmitted diseases, even rape? Conservatives have long argued against feminism by saying women are vulnerable, and we need to take care of them. Liberals say there's no justification for repressing sexual behavior.

As a generation of young women is discovering, and as polemicists from Camille Paglia to Ariel Levy have pointed out, there's something missing in both points of view. Women can pretend they're female chauvinist pigs, but it's still women who are more sexually vulnerable to stronger men, due to the possibilities of physical abuse and pregnancy. These Jezebel writers are a symptom of the weaknesses in the model of perfect egalitarian sexual freedom; in fact, it's the supposed concern with feminism that makes the site so problematic. How can Tracie, who posted this picture, criticize the men who go to Hooters? How can writers who justify not reporting rape criticize the military for not controlling ... rape? It's incoherent."

The writer who "justified not reporting rape" is Megan Carpentier, in this post. Actually, she didn't justify any such general thing as "not reporting rape". She said this, about not reporting one particular rape:

"Could I have reported it? I guess. On the other hand, I was 17, in a conservative country where I didn't speak their language or the (completely different) language of the man involved. I had 2 more days in the country. And the thing that I needed to do was not to tell the friends with which I was staying, and try to go to the police and explain and/or be castigated for going to his place, or making out, or having some sangria (or telling him I was 18), I needed, desperately, to deny it. I needed for that night to not occupy the place in my mind that it would've occupied if I could have called it by its name. I needed time, and healing and knowledge and I wasn't going to get that from a foreign police station or the legal need to revisit it constantly."

Also:

"My body is mine -- it doesn't belong to Feminism anymore than it belongs to the men who sexually assaulted me -- and what I choose to do with it, or about it, is supposed to be my choice."

I completely agree with Megan. Sexual assault is horrible. The aftermath of sexual assault is horrible. (I'd tell you a story here, but since, as we all know, "a personal, revelatory anecdote tends to abort what is supposed to be a political conversation", I'll refrain. Except to say that it involves being told by a police officer: Just walk down the beach tomorrow in a bikini and maybe he'll try again. Reporting is not all it's cracked up to be.)

When you have been sexually assaulted, you get to let your emotions work themselves out in whatever peculiar way they see fit, and unless you're working through it by doing something truly awful, like shooting random strangers or cutting off your limbs, people who tell you that you are responding to it in the "wrong" way are as completely out of line as someone who tells someone who has just lost her spouse or her child that she's grieving in the "wrong" way.

There are people like that -- people whose heart is two sizes too small, who have no more empathy than your average tin can. I have never understood them. It's especially odd when they go out of their way to lecture people about their responses, or to tell them they're hurting feminism. As Linda Hirshman did.

It's also completely unclear to me why not having reported one's own rape is inconsistent with urging the military to do a better job of controlling it. It would be one thing if we knew that the military was doing the absolute best it could to control rape, and the only thing that stood in the way of a completely successful response was the fact that not all victims report rape. In that case, I don't know anyone who would criticize the military. But we don't know any such thing. And as long as there are other problems with the military's (or any other organization's) response to rape -- the fact that some people in the military don't take allegations of rape seriously when it is reported, or think that rape victims are whiners who ought to just suck it up (no pun intended), etc. -- I can't see why someone who didn't report her own rape is in any way inconsistent for pointing those problems out.

I'm also puzzled by this sentence from Hirshman's piece:

"How can women supposedly acting freely and powerfully keep turning up tales of vulnerability -- repulsive sexual partners, pregnancy, sexually transmitted diseases, even rape?"

Um: maybe because neither freedom nor power protects you against those things? Because even if you're the strongest, bestest feminist ever, you can still get pregnant, or be raped? Because feminism does not confer magical superpowers or complete invulnerability? Is there something here I'm missing?

One more puzzling thing: if I wanted to write a piece about how Jezebel hurts feminism, which I don't, I would have focussed on this episode, which Hirshman discusses. In particular, I would have focussed on the fact that when Tracie is asked why she has never been raped, she says first that "maybe it's about education", and then: "I think it has to do with the fact that I am like, smart". Even if we set aside the fact that she was, apparently, drunk when she said this, it does seem like an obvious starting point, a lot more obvious than the Jezebels' "unregulated sexual life", or the fact that one of them "could not be bothered to call the police when she was raped."

And yet, oddly enough, in her litany of complaints, Hirshman doesn't so much as mention Tracie's ignorant and condescending view of rape victims. Funny thing, that.

Hilzoy 10:58 PM Permalink | Trackbacks | Comments (17)

Bookmark and Share

TUESDAY'S MINI-REPORT.... Today's edition of quick hits:

* AP: "Eleven Taliban suicide bombers attacked government buildings in eastern Afghanistan on Tuesday, sparking running gunbattles that killed at least 20 people and wounded three U.S. troops, officials said. U.S. and Afghan troops freed 20 hostages taken by the insurgents."

* Get ready for a new round of entitlement hysteria: "The financial underpinnings of the Medicare and Social Security programs have eroded substantially as a result of the nation's recession, according to a government forecast issued today."

* Good to see a growing number of mainstream Muslim religious leaders forming an alliance to "openly oppose the Taliban" in Pakistan.

* A bill to protect consumers from abusive credit card industry practices looks likely to pass the Senate.

* The was apparently an AP story making the rounds today about the White House faulting the EPA's findings on carbon emissions. The article was wrong.

* The budget deficit is projected to be reach $1.84 trillion this year, slightly higher than the February forecast.

* Sen. David Vitter (R-La.) is finally prepared to let the Senate vote on the president's FEMA nominee.

* It took a few tries, but prosecutors finally gained convictions against five members of the "Liberty City Six."

* 49 governors will accept stimulus funding for energy efficiency programs. Sarah Palin won't.

* Lt. Dan Choi sure would appreciate it if the Obama administration didn't fire him.

* Blue Dogs are bothered because they're not helping write the health care bill.

* The administration is poised to get tougher on enforcement of anti-trust laws. Good.

* Harold Ford's endorsement of torture won't help improve the credibility of the DLC.

* Nice to see Double X, a new online women's magazine, make its debut.

* The New York Times reported today that smaller banks have found it much easier to weather the recession. If you read the Washington Monthly, you learned all about this several months ago.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (36)

Bookmark and Share

INHOFE GETS HYSTERICAL (AGAIN).... I often feel bad for Americans who are represented by lawmakers who've gone mad. When folks who don't know better hear a U.S. senator insist publicly that something is true, they might not realize their elected official is a nut. The deceptive argument necessarily comes with some credibility, by virtue of the office. (So-and-so can't be completely crazy; he's a senator.)

Take Sen. James Inhofe (R-Okla.), for example, who reportedly told a group of constituents the other day that President Obama intends to let "hard-core terrorists" run "loose in the United States."

"There are 245 hard-core terrorists that would be turned loose in the United States and one of the locations where they would be putting them is Fort Sill," Inhofe told a gathering of constituents, according to the Ada Evening News. "You turn these people loose and they become magnets for terrorism all over the country."

Now, those constituents may not realize that Inhofe is mad as a hatter, and that his claims are ridiculous. No one is talking about turning terrorists loose in the country. Inhofe may or may not realize this -- the poor guy is pretty far gone -- but it's clearly an argument detached from reality.

But what about those Oklahomans who don't know this? It's not like Inhofe walks around with a reality-based fact-checker at all times (now there's an idea...), helping audiences separate fact from fiction. For them, there's at least a possibility that the president intends to let hard-core terrorists loose in our country. There might be at least something to this, they might assume, since a long-time U.S. Senator just told them it's true. (The local newspaper covering Inhofe's speech ran the senator's quotes, but made no effort to tell the reader why the quotes are wrong.)

Inhofe added that the president, after just three months in office, has already "completely devastated" the U.S. military, in part because the president "just doesn't believe that we need a military."

Inhofe neglected to mention that Obama plans to increase military spending from $513 billion under Bush to $534 billion in 2010. It probably just slipped his mind.

Steve Benen 4:30 PM Permalink | Trackbacks | Comments (37)

Bookmark and Share

IS DICK RUNNING FOR SOMETHING?.... What's that line? How can we miss you if you won't go away?

Just a few days ago, Dick Cheney explained his belief that it's time for some of the older establishment Republican voices to exit the stage. "I think periodically we have to go through one these sessions. It helps clear away some of the underbrush," the former vice president said, adding, "Some of the older folks who've been around a long time -- like yours truly -- need to move on and make room for that young talent that's coming along."

Two days later, he appeared on "Face the Nation." Next week, he's delivering a speech on national security at a Washington think tank.

Amid claims that the interrogation methods amount to torture and that those who approved them should be prosecuted or censured, it is clear that we know surprisingly little about the scope and efficacy of the Bush administration's national security policy. Many questions linger: What type of information did enhanced interrogation methods yield? Were lives saved as a result? Could that intelligence have been effectively collected by other means? How effective was the terrorist surveillance program in detecting the threat of al Qaeda and its operatives in the post-9/11 period? Will inhibiting these procedures cost more American lives?

On May 21, former vice president Dick Cheney will speak at AEI to address these critical issues and provide a blueprint for keeping America safe in the future.

It's all part of his plan to "move on and make room for that young talent that's coming along."

I'm not trying to start any rumors, but Cheney is certainly acting like a guy who plans to run for something. He's doing lots of media interviews, cultivating his connection with Limbaugh, attacking the president, lying about Democratic ideas, and giving at least one speech at a major conservative think tank about his vision for the future.

Put it this way -- if one of the Republicans with his/her eyes on 2012 maintained this kind of high-profile schedule in Washington, wouldn't the assumption be that he or she was laying the groundwork for a campaign?

I really doubt Cheney has political ambitions at this point; even he has to realize how unpopular he is. But no matter how much Cheney believes what he's saying, it might occur to him one of these days that the Republicans' "young talent that's coming along" might want to deliver a similar message about the same issues. It's not like the former vice president holds a unique level or credibility and/or respect with the nation at this point.

Indeed, I can only assume that the DNC will be working the phones, hoping to get all the networks to cover Cheney's speech next week live and on the air.

Steve Benen 3:45 PM Permalink | Trackbacks | Comments (40)

Bookmark and Share

ANGELS, DEMONS, AND DISCLAIMERS.... In general, the "Angels and Demons" movie hasn't generated too much controversy in religious circles, at least as compared to "The DaVinci Code" a few years back. It's certainly possible that some who might be inclined to criticize "Angels and Demons," which apparently opens this week, realized that offering the movie free publicity would be counter-productive.

But there are exceptions. Variety reported last week, "U.S. Catholic League president Bill Donohue on Monday issued a statement asking that a disclaimer be inserted in the 'Angels and Demons' titles saying that the movie is a work of fiction."

I've seen the trailer for this movie, and it doesn't look like a documentary. We're talking about an adventure starring Tom Hanks, who hopes to unravel a mystery before there's some kind of attack on the Vatican. It never occurred to me that movie-goers might rush out to the theater and think the action/mystery story is anything but fiction.

My friend Rob Boston tried to put the issue in perspective for Donohue.

I haven't read either [of Dan Brown's books], but I know enough about them through cultural osmosis to figure out that they posit some kind of elaborate conspiracy involving the Vatican, cover-ups, mysterious symbols, hidden codes, secret brotherhoods, etc.... Typical of summer action films, it's escapist fare and all in good fun. From what I've read about the movie, one scene involves a character jumping out of the pope's helicopter -- without a parachute.

Yes, I can see that we really need a disclaimer reminding us that this is just fiction. [...]

Deep breath, Bill, deep breath. Remember, not everything you see on the big screen is true or even meant to be. For example, you know those "Star Trek" guys who have been whizzing around in that spaceship battling aliens with ray guns? I've been doing some investigating and it turns that's all totally fake!

It is? You mean there's no real Enterprise? The next thing you'll tell me is that Wolverine is a fictional character and John Connor doesn't really battle SkyNet.

"Angels and Demons" is obviously a work of fiction, based on a novel. No one has suggested that the events are real, or that the story is rooted in anything but fantasy. There's obviously no need to pressure the studio for a "disclaimer."

Bill Donohue has to have better things to do with his time.

Steve Benen 3:00 PM Permalink | Trackbacks | Comments (50)

Bookmark and Share

'REPARATIONS'.... Over the weekend, Rep. Pete Sessions (R-Texas), the chairman of the National Republican Congressional Committee, launched into a nutty tirade. Yesterday, Rush Limbaugh managed to make it even more offensive.

Sessions insisted that President Obama is deliberately trying to increase unemployment and weaken Wall Street as part of a "divide and conquer" strategy to consolidate power. Sessions, who recently said he'd like to see the GOP emulate the insurgency tactics of the Taliban, added that the president intends to "inflict damage and hardship on the free enterprise system, if not to kill it."

As truly nutty as this is, Limbaugh's version is actually more nauseating.

"The [economic] deterioration reflects lower tax revenues and higher costs for bank failures, unemployment benefits and food stamps. But in the Oval Office of the White House none of this is a problem. This is the objective. The objective is unemployment. The objective is more food stamp benefits. The objective is more unemployment benefits. The objective is an expanding welfare state. And the objective is to take the nation's wealth and return to it to the nation's quote, 'rightful owners.' Think reparations. Think forced reparations here if you want to understand what actually is going on."

Kevin Drum replied, "Limbaugh's message could hardly have been more obvious if he'd donned blackface and performed a soft-shoe in his studio." Andrew Sullivan added, "I guess no one ever accused Limbaugh of keeping his racism under wraps."

Quite right. The "substance" of Limbaugh's argument is obviously insane, but the racism of his attack is hardly subtle. It's almost hard to believe -- the nation's leading conservative argued, in all seriousness, that the president of the United States is trying to destroy the economy, on purpose, as part of a "forced reparations" campaign.

I realize several far-right voices get angry over what they consider "cheap liberal accusations of 'racism,'" which they consider common. But if conservatives would express at least a modicum of disgust for tirades like Limbaugh's, instead of ignoring his frequent race-driven tirades, it'd do wonders for the discourse.

Steve Benen 2:15 PM Permalink | Trackbacks | Comments (38)

Bookmark and Share

TWO CHENEYS ARE WORSE THAN ONE.... It's not enough to have Dick Cheney all over the airwaves, defending torture, we also apparently need Liz Cheney to do the same thing.

In the midst of an argument with the Washington Post's Eugene Robinson on MSNBC this morning, the younger Cheney kept agreeing that torture is illegal, but also kept arguing that torture isn't torture. At one point she posed the inevitable Jack-Bauer-like hypothetical to Robinson directly.

"If you knew that Khalid Sheikh Muhammad had information about an imminent threat on the United States, information that would result in the death of your family members, the death of people you care about and love, and that if he were waterboarded, you would be able to get that information and prevent the attack, you wouldn't do it?" Liz Cheney asked. "You would let him go ahead and launch the attack? Eugene, that's exactly the situation these folks were in."

That's total nonsense, for all the reasons sensible people already know. We can rattle them off in our sleep: we've always prosecuted waterboarding as torture; these hypothetical "24" fantasies aren't realistic; if waterboarding were such an effective torture technique, it wouldn't have been necessary to use it on Khalid Sheikh Muhammad 183 times in March 2003; KSM did not have information about an imminent terrorist attack; valuable information is accessible through legal interrogation techniques; etc.

By any reasonable measure, Liz Cheney's argument is morally, legally, and strategically bankrupt. Her entire question is based on unsupported assumptions -- a terrorist might have information that he might share about an attack that might happen, unless we use a technique that might be torture. And if you disagree, you're willing to let al Qaeda slaughter innocent Americans. What a pathetic display.

I don't blame Eugene Robinson for not having all of the possible responses right on the tip of his tongue; dealing with Cheney's absurdities can be disorienting. But I wouldn't mind hearing Cheney (either of them, actually) respond to the question Steve Chapman recently posed: "[I]f effectiveness is the only gauge, why even debate whether these techniques fit the definition of torture? The problem with using "it worked" as an argument is that it justifies too much. By that rationale, we can justify subjecting enemy captives to every form of torture ever devised. We can even justify torturing and killing their spouses, siblings, parents and children, right in front of them."

If Cheney were to argue that this is a bridge too far, we end up right where she left us: If she knew that Khalid Sheikh Muhammad had information about an imminent threat on the United States, information that would result in the death of her family members, the death of people she cares about and loves, and that if we were to shoot KSM's children in front of him, we would be able to get that information and prevent the attack, she wouldn't do it? She would let him go ahead and launch the attack?

It's a ridiculous game.

Steve Benen 1:30 PM Permalink | Trackbacks | Comments (59)

Bookmark and Share

ASK A WINGNUT.... The fine folks at Salon have a fun new feature called "Ask a Wingnut," in which reasonable people, curious what a real-live conservative thinks about a given issue, get to pose a substantive question to a former Bush administration official. We don't know who the official is -- he/she writes pseudonymously -- but the "wingnut" goes by the name of "Glenallen Walken."

In this week's edition, readers asked why the Republican Party, and conservatives in general, are hostile to science. Glenallen Walken responded:

To me, the question is almost laughable on its face. Conservatives are pro-science and, as a general rule, pro-cost-benefit analysis and pro-thinking.

As evidence to support the argument that the right loves science, Salon's resident wingnut pointed to some specific examples: Reagan supported the creation of a missile-defense system (SDI) a few decades ago; George W. Bush once said something about going to Mars; Gingrich supported expanding NIH funding 15 years ago; and Bush "was the first president to propose federal funding for stem cell research."

While I'm delighted that "Glenallen Walken" is willing to respond to questions like these, his/her response isn't exactly persuasive.

Right off the bat, the provided examples are pretty weak. Most notably, Bush may have been the first to make federal funds available for stem-cell research, but that's a silly argument. For one thing, it's a new scientific field. I'm sure FDR and Abe Lincoln would have been happy to invest in such research if it were available before the 21st century. For another, Bush's approach to stem-cell science was utterly ridiculous, and the restrictions he imposed were incoherent. This isn't evidence of Republicans embracing science; it's evidence of the opposite.

But just as important is the fact that "Glenallen Walken" takes an incredibly narrow view of the question. Right now, the Republican mainstream rejects scientific evidence on everything from global warming to stem-cell research to evolutionary biology to sex-ed. Recently, the very idea of credible scientific inquiry -- "something called 'volcano monitoring'" -- became the subject of Republican mockery.

Under Bush/Cheney, there was an effective "war on science," in which scientific research was either rejected or manipulated to suit political ends. The integrity of the scientific process itself came under attack, to the delight of the party and its base.

If "Glenallen Walken" thinks the question is "almost laughable on its face," it only helps reinforce why this is a problem for the party.

Steve Benen 12:45 PM Permalink | Trackbacks | Comments (80)

Bookmark and Share

TUESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* As expected, Florida Gov. Charlie Crist (R) made it official this morning, kicking off his Senate campaign.

* In a blow to former Florida House Speaker Marco Rubio (R), the National Republican Senatorial Committee immediately threw its support to Crist.

* RNC Chairman Michael Steele was asked whether former Sen. Norm Coleman should concede after Al Franken is deemed the winner in Minnesota. Steele replied, "No, hell no."

* Good news for Rep. Kendrick Meek (D-Fla.): Tampa Mayor Pam Iorio (D) has decided not to run for the Senate next year. With Crist getting into the race, it looks like the Democratic nomination will come down to Meek and state Sen. Dan Gelber.

* Will Sen. Blanche Lincoln's (D) opposition to EFCA push unions to support the Green Party candidate in Arkansas next year?

* The Republican field running for Missouri's open Senate seat may get a little bigger, with Washington University law school professor Thomas Schweich eyeing the race. He would likely face off against Rep. Roy Blunt and former state Treasurer Sarah Steelman.

* Michael Steele said the other day Mitt Romney's presidential campaign came up short because the Republican base "had issues with Mormonism." Yesterday, Romney criticized those comments, and Steele responded with a non-apology apology (he "regrets the way his comments have been interpreted").

* Were John Edwards' aides prepared to sabotage his campaign last year? Joe Trippi isn't buying it.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (17)

Bookmark and Share

WHAT IS RICHARD COHEN TALKING ABOUT?.... The reader knows from the first 12 words that Richard Cohen has written another very weak column: "Blogger Alert: I have written a column in defense of Dick Cheney."

Except, the column isn't even a defense of Cheney, so much as it's an argument that Cheney might (or might not) be right about the efficacy of torture.

Torture is a moral abomination, and President Obama is right to restate American opposition to it. But where I reserve a soupcon of doubt is over the question of whether "enhanced interrogation techniques" actually work. [...]

If Cheney is right, then let the debate begin: What to do about enhanced interrogation methods? Should they be banned across the board, always and forever? Can we talk about what is and not just what ought to be?

In candor, I read it a few times, hoping to see some kind of elusive creative thought. There wasn't one. Cohen hates torture, but thinks it might work. He doesn't trust Cheney, but thinks Cheney might be telling the truth. He supports Obama's decision to drop U.S. torture policies, but thinks those policies might have merit. What's the point of this? I have no idea.

I'm especially fond of the notion that now, May 12, 2009, thanks to Richard Cohen's breakthrough column, we can finally "let the debate begin" over whether the United States should torture detainees -- as if we haven't already been through this debate, over and over again, for several years now.

Indeed, I was tempted to start writing about all of the ways Cohen is confused about torture -- morally, legally, strategically -- but quickly realized there's no point. We've been through this. The debate Cohen thinks should "begin" has been rehashed ad nauseum.

I will, however, say that Adam Serwer raises a good point, noting that Cohen seems to have forgotten a similar column he wrote two weeks ago, which came to a different conclusion. What's more, publius notes that Cohen doesn't even have the courage to come right out and take a firm stand on the wrong side of the issue: "It would be one thing for him to openly defend torture. Say what you like about the tenets of Yoo/Cheney torture, Dude, but at least it's an ethos. Cohen, however, uses the even more pathetic dodge of -- hey, what if Cheney's right? I'm not saying he is. Cheney kind of sucks. But the man asked a question, didn't he?"

As for Cohen starting his column, "Blogger Alert," he seems to expect criticism, but the problem is that Cohen doesn't understand why. He thinks the left will be outraged that he's "defending" Cheney. This misses the point. If Cohen wants to defend Cheney, fine, he should make the case. But this column doesn't even do that.

It's just a waste of a column.

Steve Benen 11:20 AM Permalink | Trackbacks | Comments (78)

Bookmark and Share

COLUMNIST YOO.... In November 2006, 84% of Philadelphia voters rejected Rick Santorum as their senator. Soon after, the Philadelphia Inquirer hired him as a columnist.

The paper's decision to hire John Yoo, however, seems even worse. Yoo is, after all, the former Bush administration official who not only authored torture memos, but also took a comically expansive view of presidential power, including the notion that a chief executive could ignore laws in pursuit of national security interests. Will Bunch has a great item explaining why the Inquirer has made a terrible mistake giving Yoo this platform, and why the paper's defense of the move is unpersuasive.

But I also went ahead and read Yoo's most recent piece for the paper, which was the first to feature his byline as an Inquirer columnist. While it's offensive to see the paper add Yoo to its roster in light of his background and alleged crimes, it's also worth noting that Yoo isn't a good columnist, either.

In his 2005 confirmation hearings, Roberts compared judges to neutral umpires in a baseball game. Sen. Obama did not vote to confirm Roberts or Alito, but now proposes to appoint a Great Empathizer who will call balls and strikes with a strike zone that depends on the sex, race, and social and economic background of the players. Nothing could be more damaging to the fairness of the game, or to the idea of a rule of law that is blind to the identity of the parties before it.

Like so many of his cohorts, Yoo, apparently, doesn't understand what "empathy" means.

He went on to clumsily attack affirmative action, denounce "judicial activism," and insist that FDR's New Deal "never really worked" during the Great Depression.

John Yoo, in other words, seems to write columns that are about as compelling as his legal theories. It's hard to imagine what the Philadelphia Inquirer was thinking.

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (84)

Bookmark and Share

THE WAY FORWARD IS KRISTOL CLEAR.... For about a year, Bill Kristol was a columnist for Time magazine, where he would routinely write pieces explaining what he'd like to see the Republican Party do. The editors were unimpressed, so Time dropped him.

From there, Kristol became a columnist for the New York Times, where he routinely wrote pieces explaining what he'd like to see the Republican Party do. The paper of record was also unimpressed, so it dropped him, too.

Fortunately for Kristol, conservative pundits are not part of a merit-based system, so he's been hired by the Washington Post, and is using his new position to write columns about what he'd like to see the Republican Party do.

The Republican Party's navel is a pretty unattractive thing.

So maybe Republicans should stop obsessively gazing at it. Instead, the GOP might focus on taking on the Obama administration, whose policies are surprisingly vulnerable to political and substantive attack. Battling Barack Obama is an enterprise that offers better grounds for Republican hope than indulging in spasms of introspection or bouts of petty recrimination.

And to think, I expected Kristol to write a column encouraging his beloved GOP to forge a more cooperative relationship with the popular Democratic president, while moving closer to the mainstream on major policy disputes. Imagine my surprise to see the Post run the same column Kristol's been writing since 1993, only with slightly different issue specifics.

As the Weekly Standard editor sees it, if Republicans go on the attack now, voters will know who to "blame next year" and the 2010 midterms "could be the winter of Obama's discontent."

Time and the New York Times let this guy go? What were they thinking letting a visionary like Kristol slip through their fingers?

Steve Benen 9:55 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

THE DREADED 'E' WORD.... When Justice David Souter announced his retirement from the Supreme Court, President Obama described his ideal justice as a person of intelligence, excellence, integrity, and empathy. "I will seek someone who understands that justice isn't about some abstract legal theory or a footnote in a casebook," the president said. "It is also about how our laws affect the daily realities of people's lives."

Almost immediately, "empathy" became a terribly scary word to conservatives, who said it was "code" for "judicial activism." (The irony is, phrases like "judicial activism" and "strict constructionist" are themselves code words for the right.) It led the erudite chairman of the Republican National Committee, Michael Steele, to tell a national radio audience last week, "Crazy nonsense empathetic! I'll give you empathy. Empathize right on your behind!"

Dahlia Lithwick argued last night that the "Republican war on empathy has started to border on the deranged." The problem, it seems, is that the right simply doesn't understand the meaning of the word, at least as it's applied in this context.

Empathy in a judge does not mean stopping midtrial to tenderly clutch the defendant to your heart and weep. It doesn't mean reflexively giving one class of people an advantage over another because their lives are sad or difficult. When the president talks about empathy, he talks not of legal outcomes but of an intellectual and ethical process: the ability to think about the law from more than one perspective. [...]

[A]s used by the president, the word empathy does not strike me as "code" for anything.... Empathy means knowing what you don't know and questioning why you think you know what you do.... Empathy means being impartial toward all litigants without being blind to the consequences of your decisions. You can send up such concerns as gooey judicial sentimentalism, unmoored from any fixed legal principle. Or you can admit that judging requires acts of judgment beyond the mechanical application of law to facts and that it's best for judges to know when the mechanical act of deciding cases gives way to ideology and personal preference. Empathy isn't sloppy sentiment. It's not ideology. It's just a check against the smug certainty that everyone else is sloppy and sentimental while you yourself are a flawless constitutional microcomputer.

Well said.

I'd just add that the discussion surrounding this high court vacancy went from zero to annoying with surprising speed. From the right, which hasn't launched a meaningful campaign against a Supreme Court nominee in more than a generation, we've heard a series of increasingly useless talking points about filibusters, the horror of "policy" being "made" at the appellate level, and the nightmare of "empathy."

I can't wait to see how much worse this gets once there's an actual nominee.

Steve Benen 9:10 AM Permalink | Trackbacks | Comments (39)

Bookmark and Share

STIMULUS, STEELE, AND THE SUNSHINE STATE.... In February and March, RNC Chairman Michael Steele was so incensed over President Obama's economic recovery package, he said publicly that Republicans who endorsed the stimulus may face retribution from the party. He told Fox News that might include withheld support in a GOP primary.

With that in mind, Aaron Blake raises a good point.

Well, Florida Gov. Charlie Crist (R) not only supported the stimulus; he actually appeared alongside President Obama in Fort Myers, Fla., when the package was being launched.

So, with the party establishment behind Crist in Florida's Senate race, how will Steele treat Crist? Does he hold fast to his crusade against stimulus apostasy, or back a man who was even more gung-ho about the stimulus than Sen. Arlen Specter -- the original target of Steele's threat?

It seems unlikely Steele will seriously follow through on his threats, especially in Florida's open-seat race. National party leaders see Crist's statewide approval ratings, and will be thrilled to see him throw his hat into the ring today. But Crist was an enthusiastic supporter of the Obama recovery plan, suggesting Steele will probably be forced to back away, again, from his previous comments.

That said, Crist's work with Obama on the stimulus speaks to a larger truth: the far-right Republican base tends to hate the Florida governor.

The assumption has long been that Crist, with his high approval ratings, would not only cruise in a GOP primary, but also be the likely favorite on Election Day. But the governor will face a very aggressive Republican opponent -- former Florida House Speaker Marco Rubio -- who will run far to Crist's right. In fact, Rubio, laying the groundwork for his primary message, recently said, "If you agree with Susan Collins or Olympia Snowe on some of these issues, you might as well become a Democrat."

Rubio recently won plaudits from the Weekly Standard, will no doubt enjoy support from the Club for Growth, and is rumored to enjoy the quiet backing of Jeb Bush. He's going to spend the next year throwing red meat to the party base, dismissing Crist as an unprincipled moderate.

Crist may be "the star of the Republican recruiting efforts to date," but this primary isn't going to be a cakewalk for him.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

FIRING A GENERAL.... It's extremely unusual for a four-star commander of a war zone to get fired in the middle of the conflict. It's why yesterday's developments, with the Obama administration firing Gen. David McKiernan, were so striking.

Defense Secretary Robert M. Gates announced yesterday that he had requested the resignation of the top American general in Afghanistan, Gen. David D. McKiernan, making a rare decision to remove a wartime commander at a time when the Obama administration has voiced increasing alarm about the country's downward spiral.

Gates, saying he seeks "fresh thinking" and "fresh eyes" on Afghanistan, recommended that President Obama replace McKiernan with a veteran Special Operations commander, Lt. Gen. Stanley A. McChrystal. His selection marks the continued ascendancy of officers who have pressed for the use of counterinsurgency tactics, in Iraq and Afghanistan, that are markedly different from the Army's traditional doctrine.

"We have a new strategy, a new mission and a new ambassador. I believe that new military leadership is also needed," Gates said at a hastily convened Pentagon news conference.

Just to be clear, in cases like these, "request the resignation" means "fired."

Under the circumstances, the first question tends to be, "What, exactly, did McKiernan to prompt this unusual move?" But that seems to be the wrong way to look at this. "Gen. McKiernan is a good man," said Jack Keane, a retired Army general who advised the Bush administration on the 2007 troop buildup in Iraq. "But he was the wrong man at the wrong time. What the war needs is a new strategy and a new plan."

Based on most of the accounts I've seen, McKiernan hoped to apply conventional tactics to an unconventional conflict. The WaPo report added, "[S]enior officials said McKiernan's leadership was not bold or nimble enough to reenergize a campaign in which U.S. and other NATO troops had reached a stalemate against Taliban insurgents in some parts of Afghanistan. One senior government official involved in Afghanistan policy said McKiernan was overly cautious in creating U.S.-backed local militias, a tactic that Petraeus had employed when he was the top commander of U.S. forces in Iraq."

Slate's Fred Kaplan noted the larger dynamic: "An intellectual battle is now raging within the Army between an 'old guard' that thinks about war in conventional, force-on-force terms and a "new guard" that focuses more on "asymmetric conflicts" and counterinsurgency. McKiernan is an excellent general in the old mold. McChrystal, who rose through the ranks as a special-forces officer, is an excellent general in the new mold."

As McChrystal takes command, he'll be joined by Lt. Gen. David Rodriguez who will now oversee day-to-day management of U.S. forces in Afghanistan. Both have extensive experience with counterinsurgency and unconventional warfare.

The period of muddling through in Afghanistan appears to be over.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (28)

Bookmark and Share
By: Hilzoy

Division

In a comment thread at Obsidian Wings, CharleyCarp makes a very important point about prosecuting Bush administration officials for making torture US policy:

"The people who think prosecution of these people is too divisive need to take into account their continuing conduct. They are trying to sow division right now. I'm not saying we should give in to them, but at a certain point holding back to preserve societal consensus isn't on the menu."

I think this is absolutely right. I do not think that we ought to fail to prosecute Bush officials because it would be divisive -- I think that upholding the rule of law is more important than avoiding divisiveness, and besides, since any prosecution of high administration officials is always divisive, this principle would seem to me to imply that no high official should ever be punished for breaking any law. I think this would be disastrous. I also hate the idea of a double standard for the powerful and the powerless.

That said, some people, possibly including our President, do seem to think that it is important to avoid divisiveness. Anyone who holds this view ought to consider whether there is anything that, say, Dick Cheney might do that would render this consideration beside the point.

I don't mean to suggest that we should prosecute administration officials because they seem to have nothing better to do with their time than accuse the present administration of willfully sacrificing American security. My argument all along has been that we should make the decision whether to prosecute on purely legal grounds; prosecuting people for being complete pains would be obviously abhorrent.

The point is rather that if one were already convinced that someone did deserve to be prosecuted, but were holding back in order to avoid divisiveness, there ought to be some point at which that impediment to prosecution ceases to carry any weight. And it's worth asking where that point is.

Of course, were the administration to decide to prosecute high administration officials who had been criticizing them, that would carry political dangers of its own. (I have wondered whether Cheney is as outspoken as he is precisely to make it seem plausible that any prosecution of him would be an attempt to silence an administration critic.)

That's why I have been in favor of appointing a special prosecutor from the get-go. Find someone of unimpeachable integrity, appoint him or her as a special prosecutor, make him or her completely independent, and let the chips fall where they may.

Hilzoy 1:13 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share
By: Hilzoy

Comparative Effectiveness Research

Reading this post by Merrill Goozner (it's very good) reminded me that I meant to write about the articles on comparative effectiveness research in the recent New England Journal of Medicine. One, by Jerry Avorn, concerns the backlash against CER:

"The contested provisions were designed to support studies comparing the efficacy and safety (and, by extension, the cost-effectiveness) of alternative ways of addressing common clinical problems. Interventions to be evaluated will include pharmaceuticals, devices, procedures, and diagnostic approaches, such as imaging studies. This research will fill important information gaps facing clinicians, patients, and payers concerning what works best. Currently, the Food and Drug Administration (FDA) often approves new medications on the basis of modest-sized studies involving patients with relatively few coexisting conditions who are followed for brief periods. Sometimes the only efficacy requirement is a demonstration that a new product works better than placebo in improving a surrogate outcome measure, such as a laboratory-test result, rather than achievement of an actual clinical benefit. The bar is set even lower for medical devices such as pacemakers and implantable defibrillators, which may only have to be shown to be similar to previously approved products or simply not to be dangerous. For new surgical procedures or imaging studies, there may be almost no evidentiary bar at all.

Vigorous marketing of the costliest new approaches fills this informational vacuum, encouraging the widespread use of goods or services that may be no better, less safe, or more costly than usual care -- or all of the above. Of course, many new interventions clearly are better in one or more of these domains, but we have no systematic way of collecting or disseminating such information. It is these lacunae that the funding for comparative-effectiveness studies was designed to help fill. At 1/20 of 1% of our $2 trillion annual health care expenditure, the CER funding amounts to a fraction of what any corporation would spend to find out whether it was getting its money's worth from its purchases. It represents one of the best investments we can make to edge the health care system away from the fiscal catastrophe it faces, since such studies will help to reduce spending on poorer clinical decisions and to spare resources for expenditures that will help patients most (and most affordably). This research is a public good, like highways and clean air. The private sector is no more likely to identify badly mispriced or potentially toxic treatments than it was to spot badly mispriced or potentially toxic products of the banking industry. (...)

In calmer times, fiscal conservatives might have been expected to support a plan to generate information about treatment benefits, risks, and costs so that physicians, consumers, and payers could use this knowledge in making purchasing decisions. But these are not normal times. On January 23, Representative Tom Price (R-GA), a physician, sent out an "alert" through the Republican Study Committee, falsely warning that the CER legislation would create "a permanent government rationing board prescribing care instead of doctors and patients." The true intent of the CER provision, Price warned, was "to enable the government to ration care" (emphases in original). "Every policy and standard will be decided by this board and would be the law of the land for every doctor, drug company, hospital, and health insurance plan."

Parallel arguments appeared in a letter sent January 26 to several influential members of Congress, cosigned by more than 60 advocacy groups, and again in a January 29 editorial in the Wall Street Journal. In an op-ed by columnist George Will that appeared in the Washington Post the same day, CER had morphed from a form of research into an imaginary new federal body with broad powers. Will named the agency "the CER" and claimed that with such a system, "Congress could restrict the tax exclusion for private health insurance to 'insurance that complies with the Board's recommendation.' The CER," he went on, "which would dramatically advance government control -- and rationing -- of health care, should be thoroughly debated, not stealthily created in the name of 'stimulus.'" In fact, unaffordability rations care far more than comparative studies ever could."

You'd think that doing research to figure out which treatments are most effective would be an obviously good thing. But no: it is, apparently, the first step on the road to socialized medicine. A lot of the attacks rely on this "first step" argument. For instance, the Heritage Foundation wrote that "The type of information collected by CER could eventually be used inappropriately if a "Federal Health Board" was created to decide which types of treatment would be available to whom and when."

It could be used to do bad things! At least, if a board that doesn't exist were created and told to use this information! Pass me my smelling salts. I await with eager anticipation the Heritage Foundation's realization that this very same logic could be used to ban guns: after all, they too can be used to do very bad things, and (unlike comparative effectiveness research) actually are so used. Do you think consistency will oblige Heritage to come out in favor of a ban on all guns? Me neither.

But the Heritage Foundation is a marvel of sanity and good sense compared to John Griffing in the American Thinker, who describes the language providing for CER as "a line that would sentence millions of people to death", and adds, by way of explanation: "If you are picturing Germany circa 1930, you're right on. With the passing of this bill, government, not doctors, will decide who receives care and who doesn't, in essence, who lives and who dies." Deacon for Life, for his part, calls it "Mengele-esque". The idea that Hitler and Mengele's great sin was conducting research into the comparative effectiveness of various medical treatments is, shall we say, peculiar.

More seriously, there is something about the arguments against CER that I have never understood. The opponents of CER claim that it will inevitably be used to make decisions about care. Insurers will not want to pay for care that is not effective, and so people will be deprived of the care they need. But notice what "deprived of care" means here. No one is seriously proposing to make it illegal to purchase whatever medical care you want on your own.

This means that even if your insurance company decides that it will not pay for some treatment that has been shown to be ineffective, you will, under any proposal being seriously considered, still be able to get that care; you just won't be able to get someone else to pay for it. If not having someone else pay for your medical care counts as being "deprived of care", then 46 million people are being deprived of care even as we speak -- and that's just the uninsured; it doesn't include people who have insurance that doesn't cover the treatments they need. And yet, strange to say, the opponents of CER generally do not see this as a problem.

Moreover, once you notice that what the opponents of CER describe as "being deprived of care" just consists in someone's deciding not to pay for some treatment, the idea that decisions about who gets what treatment are currently made by your physician is true only if you pay for your care out of your own pocket. If, like most of us, you rely on medical insurance, then someone other than your doctor is already making decisions about your care. All CER would do is allow this person to do so on the basis of actual knowledge about what works and what doesn't.

Hilzoy 12:31 AM Permalink | Trackbacks | Comments (24)

Bookmark and Share
 
May 11, 2009

MONDAY'S MINI-REPORT.... Today's edition of quick hits:

* A U.S. soldier shot and killed five fellow soldiers at a stress clinic a U.S. base in Baghdad. It appears to be the worst case of soldier-on-soldier violence since the start over the war.

* The Obama administration intends to replace Gen. David McKiernan with Special Operations commander Lt. Gen. Stanley McChrystal in Afghanistan. Joe Klein seems to think that's a good move.

* Roxana Saberi will be released from an Iranian prison. That's great news.

* Three people have now died in the U.S. from H1N1. The CDC noted today, however, that the virus is spreading so quickly, it's hard to count confirmed cases.

* AP: "Two days of shelling across Sri Lanka's northern war zone killed at least 430 ethnic Tamil civilians -- and likely as many as 1,000 -- a government doctor in the area said Monday. The United Nations branded the attacks a 'bloodbath.'"

* The space shuttle Atlantis is en route to the Hubble Space Telescope.

* Robert Gibbs doesn't seem to mind at all when Dick Cheney goes on the attack.

* Interesting: "Former Senator Bob Graham, who received a classified briefing on terror detainees during the same month in the fall of 2002 as Nancy Pelosi, was not briefed about the use of either waterboarding or enhanced interrogation techniques during the meeting, he claimed in an interview with [Greg Sargent]."

* Local efforts to deter piracy are growing in Somalia.

* Fascinating item from Peter Dizikes about the "growing blue state-red state gap" surrounding stem-cell research.

* CBS Sports golf analyst David Feherty apologized yesterday (for this). No word on whether the network has plans to punish him or not.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (13)

Bookmark and Share

'THOUGHT TO BE RELATIVELY UNPOPULAR'.... Interesting item today from Jerry Taylor at National Review's "The Corner." (via Jon Chait)

There's nothing strange or mysterious ... about President Obama's political assualts [sic] on Sean Hannity, Rush Limbaugh, and other radio voices on the Right. The administration hopes that it can convince the public that these guys are the leaders of the GOP at the moment. Since these guys are thought to be relatively unpopular with non-movement Americans, this holds all sorts of political promise.

Bill Clinton did the same thing in the 1990s by tying the GOP to Newt Gingrich and thereby reviving his political fortunes after the 1994 mid-term debacle. And since the GOP seems more than happy to cede political and intellectual leadership to the likes of Hannity and Limbaugh, it may well prove as politically useful now as it did then.

That last point sounds about right; Republican leaders really do seem willing to cede leadership to Hannity and Limbaugh, which is almost certainly a recipe for failure.

But the rest of this is pretty unpersuasive. For example, there's the idea that the president is launching "assaults" on conservative radio voices. I can't think of Obama launching any kind of meaningful attacks against any of these guys, at least in public.

The real gem here, though, is the notion that guys like Limbaugh are "thought to be relatively unpopular with non-movement Americans," as if it were possible that Rush is actually a widely respected public figure.

There's no great mystery here. Limbaugh really is widely loathed by the American mainstream. I've seen poll putting his favorable rating as low as 19%. (Indeed, one of the oddities of the past couple of days is that Cheney and Limbaugh are teaming up to go after Colin Powell, but Powell's public support is stronger than both of theirs put together.)

"These guys are thought to be relatively unpopular with non-movement Americans"? It's not as if the jury is still out on this one.

Steve Benen 4:50 PM Permalink | Trackbacks | Comments (23)

Bookmark and Share

THE DEBATE HAS BARELY BEGUN.... Rasmussen asked Americans what a cap-and-trade policy is. Not whether they liked the idea, just whether they have some sense as to what the policy is all about. There was widespread confusion. (via David Weigel)

The gap between Capitol Hill and Main Street is huge when it comes to the so-called "cap-and-trade" legislation being considered in Congress. So wide, in fact, that few voters even know what the proposed legislation is all about.

Given a choice of three options, just 24% of voters can correctly identify the cap-and-trade proposal as something that deals with environmental issues. A slightly higher number (29%) believe the proposal has something to do with regulating Wall Street while 17% think the term applies to health care reform. A plurality (30%) have no idea.

So, nearly a third admit they've never heard of the idea, while nearly half (46%) think they know what it is, but don't really.

Reading this, I'm reminded of a David Broder column from a month ago that argued that Obama's cap-and-trade proposal was in deep trouble because political independents weren't convinced the idea has merit.

Once political independents, who like the idea of clean air, grasped that cap-and-trade would mean a big tax increase for them, Republican opposition was reinforced and Democratic support weakened to the point that the Obama plan may already be doomed this year.

Now, Broder was wrong about the "big tax increases," but more importantly, his argument was premised on the idea that voters not only know what a cap-and-trade policy is, but knew enough about it to consider the proposal on the merits.

If Rasmussen's numbers are right, and they seem fairly reasonable, there's absolutely no reason to think public perceptions should be "reinforcing" or "weakening" any contingent's position on the issue. Americans can't have strong opinions about a complex policy they know very little about.

As the debate unfolds, maybe proponents will be able to sell cap-and-trade to the public, maybe not. Either way, the debate over energy policy has barely begun.

Steve Benen 4:15 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share

OUR SILLY DISCOURSE.... At the White House Correspondents Association dinner, Wanda Sykes delivered exactly the style of comedy that's made her a success, only she applied it to the political world. It's apparently caused quite a bit of heartburn in some corners.

"Rush Limbaugh said this administration fails," Sykes said in her most memorable bit of the night. "He just wants the country to fail. To me that's treason. He's not saying anything different than what Osama Bin Laden is saying. You might want to look into this, sir, because I think Rush Limbaugh was the 20th hijacker but he was just so strung out on Oxycontin he missed his flight." After excessive groaning, Sykes asked, "Too much?"

Nearly 48 hours later, the answer for some is, "Yes." A variety of news outlets have been pondering the propriety of Sykes' Limbaugh mockery, and today, White House Press Secretary Robert Gibbs backed away from the joke. "I think there are a lot of topics that are better left for serious reflection rather than comedy," Gibbs said. "I think there's no doubt that 9/11 is part of that."

That's not too big a surprise. Gibbs almost certainly knew this question was coming, and speaking from the White House podium, was likely to keep Sykes' joke at arm's length.

But what I find annoying about the discourse is that Sykes' joke, while obviously pushing the envelope, is hardly more outrageous than the typical daily edition of her intended target. I had an idea for how to drive this point home, but Adam Serwer beat me to it.

Wanda Sykes' comedy routine at the White House Correspondent's Dinner was really offensive. In it, Sykes suggested that conservative radio host Rush Limbaugh is supported by Hamas, and that Islamists are "constantly issuing Limbaugh talking points". She joked about terrorists supporting conservatives in general, suggesting that recent violent events in Iraq are attempts by terrorists to swing the upcoming midterm elections in favor of Republicans.

Then she got really personal. She joked that Limbaugh was a racist who doesn't want black people to "escap[e] the underclass". She accused him of being responsible for killing "a million babies a year", and aired her friend's theory that Limbaugh himself was a terrorist attack," a followup to 9/11. She also, most disgustingly, said that if conservatives kept apologizing to Limbaugh, they'd eventually contract "anal poisoning." She wondered when Republicans would finally stop "bending over and grabbing their ankles" for Limbaugh, and finally concluded that Limbaugh was just a "bad guy".

The punch line, of course, is that Sykes didn't say any of these things. They're all comments from Limbaugh, directed at the president or his party in the past year. Traditional news outlets rarely find any of this newsworthy, in part because it's so routine. He's a hateful radio host who says outrageous things for a living. It's just "Rush being Rush."

But it's partly why it's not worth getting worked up over Sykes' jokes. Not only was she going for a laugh, she's an actor/comedian with no political influence to speak of. Limbaugh says genuinely crazy things on a daily basis, but he's not kidding, he's the ostensible head of a major political party, and he has almost unrivaled power in conservative circles.

What's more, when the Obama White House was pressed on Sykes' provocative humor, the president's spokesperson offered no defense. When the Bush White House was pressed on Limbaugh's ugly attacks, the former administration's leadership would not only defend the radio host, but would also give him exclusive interviews as a reward.

Something to consider when the media flips out over Sykes.

Steve Benen 3:35 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

QUOTE OF THE DAY.... Mother Jones' David Corn ran into RNC Chairman Michael Steels at the White House Correspondents' Association dinner over the weekend. Corn had the wherewithal to say the smart thing: "Well, I have to say, thank you. You've been good for business."

It was, of course, a good-natured insult -- Steele is "good for business" because he makes bizarre comments with surprising frequency. I enjoyed Steele's response.

He leaned back, pulling himself to his full height, and, laughing, proclaimed, "I'm the gift that keeps on giving." Almost as if he were proud of that. Certainly, he was just engaging in that self-deprecating humor that pols are taught to deploy. But it struck me as odd that he would beam so much as he said that. I wondered about the guy.

"I've always been of the view," I said, "that party chairs ought not to be seen or heard but should stick to managing the party mostly behind the scenes." Hint, hint.

"That's what I keep telling them," he said. Them? I wasn't sure who "them" was. But it seemed as if he meant Republican insiders. And that was odd. Was Steele suggesting that he would prefer not to be in the public light as much but that "them" wanted him in front of the television cameras and microphones representing the GOP -- rather than doing all that inside work?

I wonder how many Republicans on the Hill watch Steele and just slap their foreheads.

Steve Benen 2:55 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

PATIENT-DRIVEN RATIONING.... Best health care in the world.

In hindsight, maybe Jesse Ashlock shouldn't have walked out of the New York emergency room last summer, only a couple hours after being knocked unconscious in a Brooklyn bicycle crash.

Medical crews told him he needed a blood test, chest X-rays and probably a CT scan to check for head injuries. And he certainly should have had treatment for major road rash, including raw scrapes on his face, neck and hands.

But the 31-year-old editor for a design magazine was between jobs, briefly without health insurance and afraid of being stuck with a sky-high hospital bill. The doctor on duty dismissed Ashlock's questions about cost, telling him she was "a physician, not an accountant," he said.

So Ashlock stalked out of Woodhull Hospital without treatment, becoming part of a small but growing number of patients turning down emergency care because they fear they can't afford it.

In Ashlock's case, he had to make a decision. On the one hand, he was afraid of the hospital bill. On the other hand, he was afraid to go to sleep, since if he had a concussion, he could slip into a coma. He decided the fear of the hospital bill was more intense, so he went home. (He's fine.)

The MSNBC report is a little fuzzy on specifics, but said physicians are finding stories like this increasingly common. A growing number of patients are refusing certain treatments, tests, and exams, which they suspect will cost too much. It is, in effect, patient-driven rationing.

Dr. Sara L. Laskey, who who works in the emergency department of MetroHealth Medical Center in Cleveland, Ohio, told MSNBC about a woman with bronchitis and pneumonia with life-threatening oxygen levels. She refused treatment -- even after Laskey tried to arrange for an oxygen kit to be sent to the woman's home -- because she didn't have insurance.

"She refused, saying she would share her husband's oxygen," Laskey said. "Ultimately she left without the oxygen or an admission."

When patients are more afraid of medical bills than life-threatening ailments, there's a problem.

Steve Benen 2:10 PM Permalink | Trackbacks | Comments (41)

Bookmark and Share

MOTIVATIONS.... Dick Cheney stuck up for Rush Limbaugh yesterday, so Rush Limbaugh stuck up for Dick Cheney today. From Mark Halperin's transcription of Limbaugh's radio show:

"What motivates Dick Cheney? He doesn't need the money. He has no further political ambitions. He is not hot for interns. He is not a torture freak. He knows that he is toxic and despised by the drive-by media and the Democrat party and the left in this country.

"What motivation does Dick Cheney have to go out and say these things? Is it possible that Dick Cheney is motivated by national interest? Is it possible that Dick Cheney is motivated by love of and for his country? Is it possible that Dick Cheney is speaking from his heart and is not speaking politically?"

Is that a rhetorical question?

Honestly, I haven't the foggiest idea what motivates Cheney. I didn't understand his motivations while he was in office, and I understand them even less now. I could hazard a guess -- he's bitter about being perceived as a national joke, viewed by most Americans as a Vader-like malevolent political force, so he's lashing out at Obama now as angry partisan -- but I'm not in a position to say for sure.

But the question itself seems rather pointless. Limbaugh wants Americans to consider the notion that Dick Cheney is sincere, and his desire to undermine the president is driven entirely by his concern for the nation.

I find that pretty hard to believe -- if Cheney's sole concern was "national interest," he wouldn't have governed as he did -- but it really doesn't matter. Cheney's motivations are irrelevant. Whether he's sincere or putting on a partisan show doesn't change the fact that Cheney's completely wrong.

Limbaugh wants us to think Cheney is speaking "from his heart"? What difference does it make? Cheney's wrong about torture, wrong about the rule of law, wrong about national security, and wrong about the economy. He's been wrong about just about every important policy question of the last decade.

Whether Cheney believes what he's saying is of no consequence.

Steve Benen 1:25 PM Permalink | Trackbacks | Comments (45)

Bookmark and Share

HEARTS AND MINDS.... It's hardly a secret that the nation's stature and reputation took a serious hit between 2002 and 2008, especially in the Middle East. A new McClatchy/Ipsos Poll shows that while suspicions about the U.S. remain deep in the region, President Obama's outreach to Middle Eastern countries appears to be having an effect.

The poll of six Arab nations found that residents think that Obama will have a positive impact on the Middle East -- a region marked by war, religious disputes, ethnic and sectarian violence -- as well as on the United States and the rest of the world.

Obama scored highest in Jordan, where 58 percent of its citizens have a favorable opinion of him, 29 percent have an unfavorable view, 6 percent had no opinion and 7 percent didn't know.

Saudi Arabians have a 53 percent favorable opinion of Obama, followed by 52 percent in the United Arab Emirates. From there, Obama's popularity dips below 50 percent with a 47 percent favorability rating in Kuwait, 43 percent in Lebanon and 35 percent in Egypt. In none of these countries, however, was Obama's unfavorable rating higher than his favorable one.

In contrast, only 38 percent of Saudis have a favorable view of the United States, followed by 36 percent of Jordanians, 34 percent of UAE residents, 31 percent of Lebanese and 22 percent of Egyptians.

The difference between Obama's popularity and that of the United States is a goodwill gap that spreads from 26 points in Kuwait to 11 points in Lebanon, all in Obama's favor.

That's somewhat discouraging, since it's preferable to see Middle Easterners have as a high opinion of the United States as they do of our president, but it also offers Obama an opportunity. As an Ipsos analysis noted, Obama is in a position "to literally 'bridge the gap' where his repository of goodwill lifts the goodwill towards America."

The next step, of course, is follow through. His favorability numbers extend some leeway to the president -- it's a foot in the door, suggesting the region is at least willing to hear him out. Ending the war in Iraq, closing the detention facility at Guantanamo Bay, and playing an active role in the Israeli peace process will bolster those impressions, and obviously improve the nation's standing in the region.

Also, the results of the poll have to be discouraging for al Qaeda, which has worked to convince Middle Easterners that Obama is not trustworthy. It's not working. And as Richard Clarke explained in October, the last thing al Qaeda wants is a popular U.S. president who enjoys respect and support on the world stage.

Steve Benen 12:40 PM Permalink | Trackbacks | Comments (16)

Bookmark and Share

MONDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* Florida Gov. Charlie Crist (R) will reportedly announce tomorrow that he is running for the Senate next year, just two years after taking office. Expect a very interesting primary battle to take shape between Crist and former state House Speaker Marco Rubio.

* MoveOn.org is entering the fray in Pennsylvania, pushing for a primary challenger to take on Arlen Specter next year.

* Speaking of Specter, the Pennsylvania senator recently launched a website that appeared to be raising money to combat cancer, when it was actually just a re-election effort. The site's wording was overhauled over the weekend.

* To the frustration of Republicans everywhere, Sen. Jim Bunning (R-Ky.) re-emphasized over the weekend that he will, in fact, seek re-election next year.

* With Tom Ridge passing on the Senate race in Pennsylvania, are Republicans content to roll the dice with former Rep. Pat Toomey? No, but their options are limited. Chris Cillizza noted this morning, "State and national Republicans are treating the race like an open seat and are still looking for alternatives to Toomey -- although the names are few and far between."

* Rep. Steve Israel (D-N.Y.) is poised to announce his next move, though it's not entirely clear what that will be. Israel was initially eyeing the mayoral race in New York, but is now reportedly planning to challenge Sen. Kirsten Gillibrand (D-N.Y.) in a Democratic primary.

* Illinois Attorney General Lisa Madigan (D) had been eyeing the state's gubernatorial race, but with Gov. Pat Quinn (D) looking fairly strong, the popular Madigan is rumored to be turning her attention to next year's Senate race.

* Nicolle Wallace, a top adviser to George W. Bush and John McCain's presidential campaign, believes actor Gary Sinise could be the Republican Party's savior. "The natural strengths that an actor brings to politics would come in handy to anyone going up against Obama in 2012," Wallace argued over the weekend. "We will need an effective communicator who can stand toe to toe with Obama's eloquence." She was, in case you're wondering, serious.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (36)

Bookmark and Share

HEALTH CARE REFORM TAKES AN ENCOURAGING TURN.... When Senate leaders cleared the way for health care reform to pass through the reconciliation process, it made the prospects for passage a whole lot better. In about an hour, representatives of hospitals, doctors, insurance companies, and the pharmaceutical industry will present a proposal to the White House that makes passage even more likely.

Volunteering to "do our part" to tackle runaway health costs, leading groups in the health-care industry have offered to squeeze $2 trillion in savings from projected increases over the next decade, White House officials said yesterday. [...]

The groups aim to achieve the proposed savings by using new efficiencies to trim the rise in health-care costs by 1.5 percent a year, the officials said. That would carry huge implications for the national economy and the federal budget, both of which are significantly affected by health-care expenses. [...]

"I don't think there can be a more significant step to help struggling families and the federal budget," a senior administration official said in a conference call with reporters.

These are, of course, some of the very same health industry trade groups that worked to kill health care reform in 1993. We're dealing with a very different landscape now.

Marc Ambinder said, "What's the bottom line political significance of all of this: it means that the White House is gonna get health care reform, this year." Jon Cohn added, "[M]ake no mistake: This is a big deal.... [T]he industry groups aren't promising to control costs as an alternative to reform. They're promising to control costs as part of reform." Paul Krugman, while noting the reasons for skepticism, described today's announcement as "tremendously good news" and "some of the best policy news I've heard in a long time."

Krugman added, "The fact that the medical-industrial complex is trying to shape health care reform rather than block it is a tremendously good omen. It looks as if America may finally get what every other advanced country already has: a system that guarantees essential health care to all its citizens. And serious cost control would change everything, not just for health care, but for America's fiscal future."

Ezra Klein takes a more skeptical approach, highlighting the groups' fierce ongoing opposition to comparative effectiveness review and the public plan, and questioning what the industry trade groups are going to do, exactly, once they have a seat at the proverbial table.

All of those concerns have a lot of merit. That said, I'm encouraged anyway, in part because it suggests the right's opposition is completely falling apart, as the reform push picks up needed momentum, and in part because it brings these heavy-hitters into the tent, where they're far less likely to start launching vicious attacks.

The writing is on the wall, and to mix crude LBJ metaphors, the White House sees the value in having these industries inside the tent pissing out, as compared to the alternative.

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

TURNING THE NUTTINESS TO 11.... Rep. Pete Sessions (R-Texas), the chairman of the National Republican Congressional Committee, is perhaps best known for arguing that his party should emulate the insurgency tactics of the Taliban. It's the kind of comment that offers some perspective on the Republican leader's frame of mind.

The right-wing Texan continues to show the temperament and wisdom of an unhinged child. Matt Corley flagged this gem from a New York Times piece.

[Sessions argues] that Mr. Obama is not trying to create jobs. In an interview, Mr. Sessions cited rising unemployment in asserting that the administration intended to "diminish employment and diminish stock prices" as part of a "divide and conquer" strategy to consolidate power.

Mr. Sessions, in his seventh term, said Mr. Obama's agenda was "intended to inflict damage and hardship on the free enterprise system, if not to kill it." By next fall, he predicted, voters may regain appreciation for the era of Republican governance when "many dreams were achieved," the size of the economy doubled and employment and financial markets hit record levels.

Now, expecting Americans to long for the days of Bush/Cheney is on its face comical, but let's not brush past the fact that an elected congressman and member of the Republican leadership believes the president of the United States deliberately wants to undermine the country and destroy capitalism. The elected leader of the country, Sessions argues for no apparent reason, is actively engaged in a campaign to weaken the country, on purpose.

This, of course, is insane. That Sessions was willing to say this, out loud and on the record, is compelling evidence that the Republicans' deranged hysteria is getting worse, not better.

It also reminded me of something Matt Yglesias wrote last month.

[T]o be fair, during the Bush years more than one person passed me this "14 Characteristics of Fascism" document in order to prove that under George W. Bush the United States had become a fascist regime. Overreaction to policies you don't like is a pretty understandable human impulse. The difference is that mainstream, prominent outlets usually try to restrain that kind of impulse. But this sort of over-the-top rhetoric isn't burbling from the grassroots up, it's being driven the very most prominent figures in conservative media and also by a large number of members of Congress.

Right. If some random right-wing blog or shock-jock argued that the president is intentionally ruining the economy and killing capitalism, as part of an incomprehensible campaign to consolidate power, it'd be easier to dismiss as just another conservative tantrum.

But Pete Sessions is an elected member of Congress. Republican lawmakers think so highly of his intellect, they put him in charge of the NRCC. And not even four months into Obama's first term, he's already delivering bizarre tirades to the New York Times.

For all the recent talk about what the Republican Party needs to do to get back on track, I might recommend a simple step for the top of the to-do list: stop being crazy.

Steve Benen 10:35 AM Permalink | Trackbacks | Comments (29)

Bookmark and Share

MORE TORTURE DISCLOSURES ON THE WAY.... Revelations about the Bush administration's torture policies have been quite informative of late, but there are reportedly still more on the way.

Government officials familiar with the CIA's early interrogations say the most powerful evidence of apparent excesses is contained in the "top secret" May 7, 2004, inspector general report, based on more than 100 interviews, a review of the videotapes and 38,000 pages of documents. The full report remains closely held, although White House officials have told political allies that they intend to declassify it for public release when the debate quiets over last month's release of the Justice Department's interrogation memos.

According to excerpts included in those memos, the inspector general's report concluded that interrogators initially used harsh techniques against some detainees who were not withholding information. Officials familiar with its contents said it also concluded that some of the techniques appeared to violate the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by the United States in 1994.

Although some useful information was produced, the report concluded that "it is difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks," according to the Justice Department's declassified summary of it.

Given the incessant complaints from some corners about torture having thwarted terrorist attacks and saving American lives, it would appear these additional revelations would only serve to undermine the right's arguments further.

Greg Sargent, who found CIA and White House officials unwilling to knock down the Post's story, added, "Dem Congressional staffers tell me this report is the 'holy grail,' because it is expected to detail torture in unprecedented detail and to cast doubt on the claim that torture works -- and its release will almost certainly trigger howls of protest from conservatives."

That's no doubt true, but what will conservatives be able to complain about? Aren't they the ones demanding that the administration declassify more relevant materials?

Steve Benen 10:00 AM Permalink | Trackbacks | Comments (11)

Bookmark and Share

SCOTT TAKES CENTER STAGE.... I'm going to guess that in the not too distant future, conservatives are going to regret letting Rick Scott lead the way on health care.

The television ads that began airing last week feature horror stories from Canada and the United Kingdom: Patients who allegedly suffered long waits for surgeries, couldn't get the drugs they needed, or had to come to the United States for treatment.

"Before government rushes to overhaul health care, listen to those who already have government-run health care," intones Rick Scott, founder of a group called Conservatives for Patients' Rights. "Tell Congress to listen, too."

Scott, a multimillionaire investor and controversial former hospital chief executive, has become an unlikely and prominent leader of the opposition to health-care reform plans that Congress is expected to take up later this year. While disorganized Republicans and major health-care companies wait for President Obama and Democratic leaders to reveal the details of their plan before criticizing it, Scott is using $5 million of his own money and up to $15 million more from supporters to try to build resistance to any government-run program.

Scott has hired the public-relations firm behind the Swiftboat lies from 2004, and together they've already produced an ad campaign with a message that isn't even close to reality.

More important, though, is the dynamic of pitting Rick Scott against policy makers committed to reform. Mark Kleiman noted last night, "If I were a Republican, I don't think this is the ally I'd want to have out front." Given Scott's background, he's making this easy.

The effort has alarmed many Democrats and liberal health-care advocates, who are pushing back with attacks highlighting Scott's ouster as head of the Columbia/HCA health-care company amid a fraud investigation in the 1990s. The firm eventually pleaded guilty to charges that it overbilled state and federal health plans, paying a record $1.7 billion in fines.

In an ad broadcast in the Washington area and in Scott's home town of Naples, Fla., last week, a group called Health Care for America Now says of Scott: "He and his insurance-company friends make millions from the broken system we have now."

The group's national campaign manager, Richard Kirsch, said: "Those attacking reform are really looking to protect their own profits, and he's a perfect messenger for that. His history of making a fortune by destroying quality in the health-care system and ripping off the government is a great example of what's really going on."

Kirsch recently added, "He's a great symbol from our point of view. We cannot have a better first person to attack health care reform than someone who ran a company that ripped off the government of hundreds of millions of dollars."

Scott is apparently unfazed by this, and this month alone, he'll spend more than $1 million on his deceptive attack ads. Unlike 1993, insurers, hospitals and other health-care providers are not rushing out to join conservative activists in a negative p.r. campaign, in large part because they want to at least try to have some influence over how the policy is shaped.

This, in turn, makes it easier to characterize opposition to reform as a Scott-led movement. In light of his controversial background, it only helps discredit the proponents of the status quo.

Steve Benen 9:25 AM Permalink | Trackbacks | Comments (13)

Bookmark and Share

THE ESTABLISHMENT'S EXPECTATIONS.... To close out "Face the Nation" yesterday, CBS's Bob Schieffer offered a commentary on Justice David Souter's retirement. Since Souter announced he's leaving the bench, there's been a fair amount of discussion about his service and legacy, but I think Schieffer is the first prominent public voice to criticize Souter for not being more of a social butterfly. (Media Matters has the video.)

"Finally today, so David Souter, maybe the quietest and most low-key man ever to serve on the Supreme Court, has made it official. He is retiring to return to the New Hampshire woods from whence he came. By all accounts, he was a good justice, thoughtful, reasonable. For sure, he was the surprise to the man who nominated him, the first George Bush, who thought he was picking a conservative, only to discover he had chosen a liberal. But these things happen sometimes when people get jobs for life.

"I had no problem with the justice's legal work, but as one who has lived 40 years in Washington, I'll be honest -- I didn't care for his attitude.

"He made it no secret that he hated the city, once describing his work as the best job in the world in the worst city in the world. Another time he called life here akin to an 'intellectual lobotomy.' Really? Our nation's capital, one of the most beautiful cities in the world?

"Call me corny, but I have to confess I've run into some pretty smart people here over the years. But then again, I've tried to get to know the city and its inhabitants. Who wouldn't, if you were going to live in a place? Justice Souter, obviously. I've never known anyone who ever saw him outside the court. And now he is leaving. I take it he won't miss Washington, but my guess is Washington will hardly miss him."

It reminds me a bit of David Broder famously criticizing Bill Clinton for having "trashed the place -- and it wasn't his place." For members of the D.C. establishment, there's a certain sense of ownership when it comes to the center of the political world. It's theirs, and you're supposed to play along with their rules and expectations.

Souter, by all appearances, didn't much care for Washington, and preferred privacy over politics. The high court justice was no doubt invited to some of the social gatherings Schieffer and his friends attended, but he never felt compelled to rub elbows.

Part of this, I suppose, has to do with the nature of one's responsibilities. If you're an ambitious House member, I can see why you might be anxious to hit the cocktail party circuit to raise your profile.

But Souter was a justice, and already had the last job he'd ever have (a job, by the way, he was awfully good at). Who cares if no one Schieffer knows "ever saw him outside the court"? What about this suggests a bad "attitude"?

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (42)

Bookmark and Share

CHENEY HEARTS RUSH.... The good news for Democrats is that Dick Cheney, despite assurances about exiting the stage, keeps talking. The better news for Democrats is the message the former vice president chooses to emphasize.

One of the main goals of the DNC this year, for example, has been to position Rush Limbaugh as a leader, if not the leader, of the Republican Party. Yesterday, Cheney helped move this argument forward.

Former Vice President Dick Cheney said on Sunday that he preferred Rush Limbaugh's brand of conservatism to former Secretary of State Colin L. Powell's, saying Mr. Powell had abandoned the Republican Party when he endorsed Barack Obama for president last year.

"Well, if I had to choose in terms of being a Republican, I'd go with Rush Limbaugh, I think," Mr. Cheney said in an interview on "Face the Nation" on CBS. "I think my take on it was Colin had already left the party. I didn't know he was still a Republican."

Mr. Cheney said he "assumed" Mr. Powell's support of Mr. Obama over Senator John McCain was "an indication of his loyalty and his interest."

This is, of course, music to the DNC's ears. Putting aside the question of whether Powell's image deserves rehabilitation -- there's ample reason to believe his Bush administration service tarnished his reputation beyond repair -- the former Secretary of State remains a respected public figure. For most of the country, I suspect, admiration for Powell dwarfs toleration for Limbaugh.

Which is why Cheney's comments yesterday were so helpful for the GOP's detractors. As the Republican Party shrinks, and more Americans would prefer to see more influence from moderates like Powell and less influence from right-wing radio hosts, a wildly unpopular former vice president publicly embraced the opposite line. Indeed, he effectively dismissed the very idea of Powell even being a Republican anymore, throwing his support to the loudmouth who wants to see the president and his policies fail.

Dick Cheney, the DNC's manna from heaven.

In the same interview, Cheney effectively argued that a failure to torture will kill Americans; said he may be willing to testify under oath about the administration's torture policies; conceded that Bush personally "signed off on" the torture program; and added that he has "no regrets" over his alleged wrongdoing.

If you missed yesterday's interview, you can a) watch it online; or b) wait for Cheney's next national television appearance, which if recent history is any guide, should be any day now.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (29)

Bookmark and Share
By: Hilzoy

Sleep Deprivation

A major newpaper has an interesting story on the CIA's use of sleep deprivation:

"Because of its effectiveness -- as well as the perception that it was less objectionable than waterboarding, head-slamming or forced nudity -- sleep deprivation may be seen as a tempting technique to restore.

But the Justice Department memos released last month by Obama, as well as information provided by officials familiar with the program, indicate that the method, which involves forcing chained prisoners to stand, sometimes for days on end, was more controversial within the U.S. intelligence community than was widely known.

A CIA inspector general's report issued in 2004 was more critical of the agency's use of sleep deprivation than it was of any other method besides waterboarding, according to officials familiar with the document, because of how the technique was applied."

As well they should have been. The story suggests that the concerns involved the methods used to keep detainees awake:

"The prisoners had their feet shackled to the floor and their hands cuffed close to their chins, according to the Justice Department memos.

Detainees were clad only in diapers and not allowed to feed themselves. A prisoner who started to drift off to sleep would tilt over and be caught by his chains."

But that's not the only reason for concern. The various kinds of psychological torture, of which sleep deprivation is one, are just as disturbing as physical torture; possibly more so, since their aim is to induce regression and learned helplessness, which is a way of inflicting serious psychological damage. Keeping someone awake for long periods of time, or using sensory deprivation, isn't awful in the obvious ways that, say, beating someone to a pulp is. But even though it does not leave visible scars, it's profoundly wrong.

***

You might wonder why I didn't link to the story above. If you want to know, it's here. Read the last paragraph, and then check this link. -- It had not previously occurred to me not to credit sources I was quoting from, so I thought I'd give it a try. And, of course, I wondered how they'd feel about the idea.

Hilzoy 1:15 AM Permalink | Trackbacks | Comments (15)

Bookmark and Share
 
May 10, 2009
By: Hilzoy

How Dare He?

Dick Cheney on Face The Nation:

"SCHIEFFER: What do you say to those, Mr. Vice President, who say that when we employ these kinds of tactics, which are after all the tactics that the other side uses, that when we adopt their methods, that we're weakening security, not enhancing security, because it sort of makes a mockery of what we tell the rest of the world?

CHENEY: Well, then you'd have to say that, in effect, we're prepared to sacrifice American lives rather than run an intelligent interrogation program that would provide us the information we need to protect America."

I'm not going to rehearse again all the reasons to think that torture is immoral, does not work, and makes us less safe, not more. I've said all that many, many times before. What I do want to say is just this:

Dick Cheney forfeited the right to lecture anyone on their willingness to sacrifice American lives the day he decided to deceive us into an unnecessary war.

He might have forgotten about the 4,287 American lives that have been lost because of him and the administration he was a part of -- not to mention the 318 other coalition troops, and God alone knows how many Iraqis. But I have not. And I don't think I'm alone.

Hilzoy 11:55 PM Permalink | Trackbacks | Comments (25)

Bookmark and Share
By: Hilzoy

Exodus

Kevin Drum linked to this story about the evacuation of the Carteret Islands, a tiny atoll in the South Pacific. The sea levels have been rising, toppling trees and swallowing up the coastline. Salt water bubbles up from what were once the gardens where the islanders used to grow food. Every so often, king tides sweep across the islands; one recently cut one of them in two. Now, they're leaving:

"This morning I stood on black volcanic sand, pressed up right against the jungle, and watched a small white boat powered by a single outboard engine run in against the shore. On board were five men from the Islands, the fathers of five families, who have come to finish building houses and gardens already begun in a cleared patch of jungle at Tinputz, on the east coast of Bougainville. When these homes are ready the five will return to the Carterets, to fetch their wives and children back. Life, they hope, will be better for them here. On the Carterets, king tides have washed away their crops and rising sea levels poisoned those that remain with salt. The people have been forced to move.

The men climbed silently from the boat and into the shallows. They splashed towards us, carrying almost nothing. From beside me, others who had come to meet them walked out quietly in welcome. The air was still, both sad and happy, which seemed to suit the moment. That single boat carrying these five men is the first wave in what is, as far as I can tell, the world's first official evacuation of an entire people because of climate change. Some say they will be ready to bring their families here next month when the houses are completed. Others that it will be June, when the first crop of sweet potatoes will be ready to feed them."

Dan Box, who wrote that, is blogging the evacuation, though he seems to have gone silent now that he's on the (electricity- and internet-free) islands. The islanders have set up an NGO to help with the relocation; if I can find out how to contribute, I will update accordingly. Here's a good video report on the Carterets; it gives you a sense of what life is like there, and of the beauty of the place:

While the Carterets are a small and remote island community, the inhabitants are moving to Bougainville, which is a lot bigger, and has problems unknown to the Carterets: mining operations and attendant social, economic, and environmental issues, which led to a civil war that only concluded a few years back. It will be a huge adjustment, but it beats starving to death and watching your home gradually swallowed by the ocean.

***

Preemptive note: in reading up on this, I noticed that articles on the Carterets seem to attract comments about how this is not due to global warming, but to the islands sinking. I have no idea whether the islands are sinking or not; offhand, I see no reason why they shouldn't be. But that would not show that global warming did not also contribute to what's happening: sea levels are rising, the main cause of recent sea level rise is climate change (pdf), and sea levels are rising particularly in the region where the Carterets are found:

"In a landmark series of reports released this year, the UN climate-science network reported that seas rose by a global average of about 0.12 inch (0.3 centimeter) annually from 1993 to 2003, compared to an average of about 0.08 inch (0.2 centimeter) annually between 1961 and 2003.

A 2006 study by Australian oceanographers found the rise was much higher -- almost an inch (2.5 centimeters) every year -- in parts of the western Pacific and Indian oceans."

It would be odd if the Carterets were exempted from the general rise in sea levels. If they aren't, then the question whether the islands are sinking or not would only tell us whether climate change is the sole cause of the islanders' problems, or one of several.

Hilzoy 11:18 PM Permalink | Trackbacks | Comments (10)

Bookmark and Share

CULT-LIKE QUALITIES.... CNN's Bill Schneider is hardly a liberal voice in media. He's a resident fellow at the conservative American Enterprise Institute think tank, and has offered some nasty anti-Democratic rhetoric on the air. So, when the CNN analyst spoke at UCLA yesterday, these weren't the kind of remarks most expected.

"The Republicans aren't a party, they're a cult."

"The moderates aren't a wing of the Republicans, they're a feather."

In each case, Schneider said he was quoting what people in Washington are saying to him. But he didn't seem to disagree.

As for the "cult" comment, Kevin Drum twists the knife: "[T]oday's GOP does seem to check most of the boxes in the International Cultic Studies Association's 'Characteristics Associated with Cultic Groups.' Except for this one: 'The group is preoccupied with bringing in new members.' That doesn't seem to be much of a priority for them these days."

Ouch.

Steve Benen 2:45 PM Permalink | Trackbacks | Comments (36)

Bookmark and Share

KEEP ON TALKING, NEWT.... About a fifth of the country no doubt found all of this hysterical nonsense quite compelling.

In an interview that was fiery even by his standards, former House Speaker Newt Gingrich accused the Obama administration of coddling terrorists, tarred the idea of investigating the Bush administration as modern day "McCarthyism," and falsely charged that the Democratic-controlled Congress never tried to outlaw torture.

It was, if nothing else, an unrestrained tour de force in oppositional politics. Sitting down with Chris Wallace on Fox News Sunday, Gingrich claimed that the former firm of Attorney General Eric Holder had represented 17 alleged terrorists on a pro-bono basis. "For no fee," he added, for good measure. "It is the largest single thing they were doing for free, defending Yemenis."

Firms like Holder's Covington & Burling, of course, have represented alleged terrorist under the notion that everyone deserves a legal defense, not out of some shared ideology or political sympathies. But context and clarification weren't Gingrich's order of business on Sunday. There was, he claimed, a "weird pattern" of Democratic administrations "defending alleged terrorists," as opposed to Bush officials, who "defend[ed] Americans."

"You look at the Obama administration," he said, "the number of attorneys that have been appointed who were defending alleged terrorists. There's this weird pattern where the Bush people wanted to defend Americans and were pretty tough on terrorists. These guys are prepared to take huge risks with Americans in order to defend terrorists."

The disgraced former House Speaker went on to ironically accuse the Obama administration of McCarthyism, accuse Democrats of launching "a bitter a partisan attack" against Bush administration officials, accuse the White House of "putting alleged terrorists on welfare," and accuse the president of supporting "the right of the abortionists to kill babies still alive."

It was as if the poor man was suffering some kind of ideological breakdown, sputtering right-wing talking points at a rapid clip, whether they made sense or related to the question or not. It was like watching a popcorn maker erupt, only the sound of kernels popping usually makes more sense than this clown.

Here's hoping Gingrich is able to get the help he clearly needs.

Steve Benen 1:45 PM Permalink | Trackbacks | Comments (31)

Bookmark and Share

IN SYNC.... John McCain appeared on ABC's "This Week" this morning, in what I believe was his 10 millionth appearance on a Sunday morning talk-show. It's quite an accomplishment. Congrats to the senator.

The interview didn't exactly break any new ground, but George Stephanopoulos did note the current difficulties of the Republican Party. McCain heartily endorsed the National Council for a New America rebranding initiative, and outlined a bit of his vision.

"I think we have to be an inclusive party. That does not mean betrayal of fundamental principles. One of the fundamental principles of the Republican Party is to as much as possible, to let people lead their own lives without government interference in their lives. To go as far as their hopes and dreams and aspirations will take them.

"We have to understand that there may be a candidate that can win in one part of our country like the South, may not be able to get elected in Pennsylvania. And local needs and local issues are important but fundamental principles can be articulated. I believe America is a right of center nation. I believe the Republican Party is a right of center party. We have to get in sync with the American people."

If the U.S. is a center-right nation, and the GOP is a center-right party, aren't Republicans already "in sync with the American people"? Indeed, if the electorate and the GOP both want to take the nation in the same direction, why is the number of Americans identifying themselves as Republican keep shrinking?

As for McCain's response about Americans leading "their own lives without government interference," might that suggest the senator is open to seeing the party change its position on gay rights and reproductive freedoms? Apparently, not. He added that people who disagree on those issues are welcome in the party, just so long as the GOP's "sticks to our fundamental
principles which are right of center."

It's similar to the line Michael Steele took recently: moderates are welcome, but the party isn't going to shift on any issue.

If anyone found McCain's appearance too brief, fear not. He'll no doubt be on one or more of the Sunday morning shows very soon. Television producers do realize he lost last year's presidential election, by a pretty wide margin, right?

Steve Benen 12:20 PM Permalink | Trackbacks | Comments (23)

Bookmark and Share

IGNORANCE IS EXPENSIVE.... Kathleen Parker has a worthwhile column today on Francis Collins, the physician-geneticist who led the Human Genome Project for the National Institutes of Health. Apparently, Collins is also an evangelical Christian who was home-schooled until sixth grade.

In addition to his work in science, Collins, Parker explained, devotes quite a bit of time to explaining to those who share his faith that there's nothing incompatible about religion and modern biology. To that end, Collins has created the BioLogos Foundation as part of a larger effort to "raise the level of discourse about science and faith, and to help fundamentalists -- both in science and religion -- see that the two can coexist."

Parker said Collins can "advance an alternative to the extreme views that tend to dominate the debate." I'm not sure which "extremes" she's referring to -- accepting modern biology without a supernatural explanation hardly seems "extreme" -- but Collins' efforts seem worthwhile, especially given the woeful state of the public's scientific understanding.

Having earned a PhD and a medical degree, Collins is nonetheless a scientist with little patience for those who insist that evolution is just a theory that one may take or leave. Most human genes, he points out, are similar to genes in other mammals, "which indicates a common ancestry."

Even so, a Gallup Poll found last year that 44 percent of Americans believe God created human beings in their present form within the past 10,000 years.

"You can't arrive at that conclusion without throwing out all the evidence of the sciences," says Collins.

The problem of not believing in evolution as one might not believe in, say, goblins or flying pigs has repercussions beyond the obvious -- that the United States will continue to fall behind other nations in science education.

The point about falling behind other nations is probably one of the key parts of the larger issue, at least for me. At first blush, if millions of Americans choose to be wrong about science, it doesn't seem especially consequential.

But I think Collins is right about the national interests here. The country just can't afford confusion on a grand scale about scientific basics. The competitive advantage the United States used to enjoy is vanishing, and an anti-science push comes with too high a burden for the country.

The country needs to start taking science seriously again -- our economy depends on it -- and ignorance costs far too much. If Francis Collins can help turn some people around who reject biology for religious reasons, he's a welcome addition to the discourse.

Steve Benen 11:35 AM Permalink | Trackbacks | Comments (36)

Bookmark and Share

EDWARDS AIDES PLANNED SABOTAGE.... I haven't followed all of the details of the story surrounding John Edwards' affair, though it seems to be generating quite a bit of renewed interest in light of Elizabeth Edwards' book and Oprah interview. That said, from a political perspective, the basics seem pretty straightforward: the former senator had an affair, knew the information might go public, and ran for the Democratic nomination anyway.

On ABC's "This Week," George Will noted, "Think about what a tragedy it would have been if he had won." George Stephanopoulos reported something new: Edwards campaign aides weren't going to let that happen.

I've talked to a lot of former Edwards staffers about this. Up until December of 2007, most on Edwards' staff didn't believe rumors about the affair.

But by late December, early January of last year, several people in his inner circle began to think the rumors were true.

Several of them had gotten together and devised a "doomsday" strategy of sorts.
Basically, if it looked like Edwards was going to win the Democratic Party nomination, they were going to sabotage his campaign, several former Edwards' staffers have told me.

They said they were Democrats first, and if it looked like Edwards was going to become the nominee, they were going to bring down the campaign.

Edwards was pretty consistently the third of three, so such a scenario probably never got beyond the talk-about stage, but I can't help but wonder what the "sabotage" might have consisted of.

In either case, it's something for future reckless candidates to think about.

Steve Benen 10:50 AM Permalink | Trackbacks | Comments (65)

Bookmark and Share

A WHOLE LOT OF COOKS.... About a year before the 2008 presidential election, many on the right decided that what Republicans really needed were membership groups like MoveOn.org. So, groups were formed en masse. Freedom's Watch, the Coalition for a Conservative Majority, The Vanguard, Victory Caucus, some Gingrich outfit, FreedomWorks, Reagan 21, Move America Forward, and a revitalized Citizens For The Republic all said they could duplicate the bottom-up success on the left (with a top-down model).

They didn't. None of these groups had any significant impact on the elections, some have since collapsed, and a few struggled to get beyond an initial press release. Republicans' problems have been systemic and overwhelming, and these organizations were irrelevant.

A half-year after the elections, the right has decided what Republicans really need are a series of new organizations committed to rebranding and renewing the struggling party. David Weigel put together a terrific list of the various groups that intended to get the GOP back on track. Weigel's analysis is well worth reading, but here's just the names on the list:

* Rebuild the Party

* The Center for Republican Renewal

* Young Conservatives Coalition

* The Tea Party movement

* Renewing American Leadership

* Resurgent Republic

* The National Council for a New America

Five of the seven have kicked off their efforts since late February. One of the seven, the Republican National Committee's Center for Republican Renewal, has already disbanded. Six of the seven are reportedly making plans and getting organized, but it's still very much unclear what they want to do, what they're going to do, and why anyone should care.

None of the groups seem interested in dragging the party away from the far-right cliff; none have a credible policy agenda; and none have come up with a way to convince party members that their initiative has any practical value.

Getting committed partisans together to consider engineering a GOP comeback makes sense. But if these outfits have any impact at all over the next couple of years, it will be a big surprise.

Steve Benen 10:05 AM Permalink | Trackbacks | Comments (18)

Bookmark and Share

THE SKY HASN'T FALLEN.... Nearly a decade ago, the state of Vermont, responding to a state court ruling, passed a law allowing civil unions between same-sex couples. At the time, the outrage and disgust among Vermont's conservative activists was overwhelming, and talk of various nightmare scenarios -- cultural, legal, economic, religious -- were common.

As the state began a debate over marriage equality, the 2000 debate seems almost quaint in retrospect. None of the dreaded consequences came to fruition, and even conservative Republicans came to look at civil unions as a common-sense measure with no reasonable downsides. The sky, right-wing rage notwithstanding, did not fall.

The same is true in Massachusetts, where gay marriage has been legal for five years.

One of the striking developments, since 2004, is the fading away of opposition to gay marriage among elected officials in Massachusetts.

When the state's Supreme Judicial Court ruled in 2003 that banning same-sex marriage was unconstitutional, there seemed to be sufficient support in the Legislature for a ballot measure that would overturn the decision. But efforts to unseat pro-gay-marriage legislators floundered; a gay-marriage supporter, Deval Patrick, was elected governor; and a climactic push for a referendum was rejected by lawmakers in 2007 by a 151-45 vote.

Last year, lawmakers went further, repealing a 1913 law that blocked most out-of-state gays from marrying in Massachusetts. The vote in the House was 119-36.

It's just not that scary. Nothing has changed, except families who were denied equality before 2004 enjoy it now. Barney Frank's prediction about the issue becoming less controversial over time looks to be true.

To be sure, there isn't unanimity. The president of the conservative Massachusetts Family Institute told the AP, "We absolutely believe the sky is falling." A Roman Catholic bishop added, "The mantra that the sky hasn't fallen takes a short-term view. We don't know what the implications will be."

The "implications" of consenting adults getting married?

That the sky-is-falling crowd sounds almost comical now demonstrates the changing nature of the debate.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (10)

Bookmark and Share

RICH LITTLE, SHE ISN'T.... At the 2006 White House Correspondents Association dinner, Stephen Colbert delivered one of the all-time great performances ... and was immediately denounced by the establishment for crossing some imaginary lines of propriety ("He criticized Bush, Cheney, and political reporters! Outrageous!"). In 2007, the Correspondents Association turned to Rich Little, the 70-year-old impersonator, who proceeded to do a routine that would have killed in 1977. The Correspondents Association gave Little specific instructions about not criticizing Bush or the war in Iraq, which ensured the dullest possible entertainment.

To its credit, event organizers saw the value in bringing some "edge" back to the event, and invited Wanda Sykes to host this year, the first woman comedian to m.c. in 16 years.

In one of the more memorable moments, Sykes noted some of the president's biggest critics. "Rush Limbaugh said this administration fails," she said. "He just wants the country to fail. To me that's treason. He's not saying anything different than what Osama Bin Laden is saying. You might want to look into this, sir, because I think Rush Limbaugh was the 20th hijacker but he was just so strung out on Oxycontin he missed his flight." After excessive groaning, Sykes asked, "Too much?"

She added, "Rush Limbaugh, 'I hope the country fails.' I hope his kidneys fail, how about that? He needs a good waterboarding, that's what he needs."

Sykes went on to note that Sarah Palin pulled out of last night's dinner "at the last minute." Sykes added, "You know, somebody should tell her, that's not how you really practice abstinence."

When some started booing, Sykes said, "Oh, shut up. You gonna be telling that one tomorrow."

Rich Little, she isn't.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (31)

Bookmark and Share

CUT-UP IN CHIEF.... It appears President Obama was a hit at the White House Correspondents Association dinner last night, delivering a few good-natured digs at pretty much everyone, including himself. (At the outset, there was a nice gag involving a fake teleprompter.

By way of the fine folks at FireDogLake, here's Part 1 of the president's routine:

And here's Part 2:

My personal favorites came when Obama got in some good natured shots at his friends on the other side of the aisle. For example, the president said, "Michael Steele is in the house tonight," the president said, "Or as he would say, 'In the heezy.' Michael, for the last time, the Republican Party does not qualify for a bailout. Rush Limbaugh does not count as a troubled asset, I'm sorry."

Soon after, Obama noted how much he has in common with House Minority Leader John Boehner. "He is a person of color," Obama noted. "Although not a color that appears in the natural world."

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (19)

Bookmark and Share
 
May 9, 2009

HUCKABEE'S ADVICE.... The National Council for a New America, the Republicans' rebranding initiative, seems to have made a deliberate effort to downplay the party's social agenda. When it unveiled a list of broad policy priorities last week, there were no references to abortion, gays, state-sponsored religion, etc., suggesting party leaders don't see the culture war as the key to long-term success.

The religious right is, not surprisingly, not at all pleased. Yesterday, Mike Huckabee raised his own concerns.

In an interview with the California newspaper The Visalia Times-Delta, Huckabee said the GOP would only further decline in influence should it alienate social conservatives -- largely considered the most energetic and loyal faction of the party.

"Throw the social conservatives the pro-life, pro-family people overboard and the Republican party will be as irrelevant as the Whigs," he said in reference to the American political party that largely disbanded in the mid 1800s.

"They'll basically be a party of gray-haired old men sitting around the country club puffing cigars, sipping brandy and wondering whatever happened to the country. That will be the end of the party," he said in the interview published Thursday.

Some of this is probably over-dramatized. The GOP leaders pondering re-branding aren't likely to literally reject the religious right movement's concerns; they're just more likely to stop pretending they care. One assumes the party's official platform will still have plenty of nutty culture-war content; the only thing that will disappear is the pretense that the party will fight aggressively in support of these measures.

But Huckabee's point isn't wrong. If the religious-right crowd no longer feels welcome or valued in the Republican Party, and the GOP is left with a country-club base, it's not likely to do well in national elections. It might as well be "the end of the party."

On the other hand, if the Republican Party takes the culture warriors seriously, and signals to the rest of the country that the GOP is dominated by far-right activists who are principally concerned with gays, abortion, Terri Schiavo, and state-sponsored religion, the party will remain stuck where it is now. And that's not a good place to be.

It's quite a conundrum. Good luck to the whole gang.

Steve Benen 11:25 AM Permalink | Trackbacks | Comments (54)

Bookmark and Share

BEYOND THE ICONS.... In light of the silly Republican in-fighting this week over whether or not to obsess over Ronald Reagan, MSNBC's "First Read" said, "The issue of Reagan reminds us of the Kennedy-obsession Democrats had for decades. One could argue it took the Democrats nearly 30 years to kick the Kennedy habit (maybe longer). So, this Reagan issue may take the Republicans another 10 years to get over."

That's probably a misread on how Dems perceive JFK. Jonathan Chait explained:

The Democratic obsession with the Kennedys is/was primarily stylistic. It recurs whenever a young, stylish presidential candidate makes people feel inspired. It is not, and really never has been, common for Democrats to argue that a certain course of action is wise simply because a Kennedy once advocated it. But Republicans have been doing so with regard to Reagan for twenty years now.

I think that's exactly right. There have been various discussions in Democratic circles over the last couple of decades about the future direction of the party, what policy priorities should be emphasized, how to grow the party, etc. It's exceedingly unusual for party leaders to reference John F. Kennedy as some kind of policy signpost. That's not to say his memory isn't widely revered; it is. But when considering domestic, economic, or foreign affairs, when was the last time a leading Democrat said, "Let's just do what JFK would do if he were here"?

In contrast, for many Republicans, the answer to almost every significant policy and/or political question is, "Follow Reagan." More than two decades after the 40th president left office, the obsession in some corners is kind of creepy, and bears no resemblance to the Democratic affinity for JFK. Kennedy is looked to more as a symbol of inspiration; Reagan is considered some kind of timeless, all-knowing sage. In GOP circles, to reference his name or ideology is to be self-evidently correct.

To borrow "First Read's" word, Democrats have never had this "habit" with regards to Kennedy.

Ramesh Ponnuru suggested this points to a certain vacuity on the left, since conservatives' "reverence for Reagan" is rooted in "philosophical content."

But this misses the point. The left's "philosophical content" is rooted outside the memory of JFK. Some on the left don't even care for Kennedy's approach to policy (see Yglesias, Matt). As Chait added, liberalism's "philosophical content does not consist of latching onto an old president, glossing over the reality of his record, and trying to recreate all of his actions whether or not they have any bearing upon the circumstances of the present day.... The 'philosophical content' of Reagan-worship is a cult-like process for circumscribing original thought."

It's painful to think it "may take the Republicans another 10 years to get over" this, but given what we've seen of late, it may take even longer than that.

Steve Benen 10:50 AM Permalink | Trackbacks | Comments (37)

Bookmark and Share

BOND. DUMB BOND.... Sen. Kit Bond (R-Mo.), the ranking member of the Senate Intelligence Committee, delivered the Republican Party's weekly address, and not surprisingly, he used it to attack President Obama on closing Guantanamo Bay. Since it's helpful to have the whole argument presented in one place, I thought I'd do a little fact-checking.

"Guantanamo Bay -- known as GITMO -- doesn't house middle-of-the-road, white-collar criminals. Instead, this detainee facility houses deadly terrorists, including 9-11-mastermind Khalid Sheihk Mohammed."

That's largely true. Some of the detainees at the facility are not "deadly terrorists," but some are. Of course, there are also deadly terrorists in U.S. facilities on U.S. soil, including admitted al Qaeda agent Ali Saleh Kahlah al-Marri, Ramzi Yousef, Zacarias Moussaoui, and Richard Reid.

"...I keep calling on President Obama to tell us, the American people, how his plan to close Guantanamo will make our nation safer."

It's really not that complicated. Gitmo became an international symbol of abuse. It was an embarrassment to the nation; it undermined our reputation and ability to lead; and served as a rallying cry to terrorists. The president explained in January that closing the detention center "has to be part of our broader national security strategy because we will send a message to the world that we are serious about our values."

"Americans also have a right to know if President Obama plans to send any of these terrorists to their communities."

If an American's "community" includes a supermax facility, the answer is quite possibly "yes." But so what? Bond hopes people are too dumb to understand that these Americans who live near supermax facilities already have the worst of the worst living -- behind bars, under close scrutiny, in secure cells -- in these "communities."

"Whether these terrorists are coming to a prison in Kansas, or a halfway house in Missouri, or any other state -- I can tell you this: Americans don't want these terrorists in their neighborhoods."

Who's talking about putting suspected terrorists in halfway houses in Missouri? Why would anyone do that? Besides, how many "neighborhoods" can Bond point to with supermax federal detention facilities?

"[W]e know that terrorists detained at Guantanamo and released have gone back to the fight. The Pentagon has confirmed that at least 18 detainees who were released have gone back to the fight. And, 43 more are suspected of doing the same."

First, Bond is referring to detainees released by the Bush administration. Second, the numbers he's using are highly dubious.

"I, for one, am not willing to gamble with our national security."

No, but he is willing to gamble that we're so easily misled by ridiculous demagoguery that we'll buy this nonsense without thinking.

Steve Benen 10:05 AM Permalink | Trackbacks | Comments (25)

Bookmark and Share

INHOFE'S 'EXPERTS'.... Periodically, Sen. James Inhofe (R-Okla.) unveils a list of "prominent scientists" who he claims agree with his rejection of evidence of global warming. His latest update was published about a month ago, and according to the far-right Republican, he's up to 700 names.

Generally, conservative activists find this pretty impressive. After all, if a U.S. senator can point to 700 "prominent scientists" who are global warming deniers, then those mean ol' liberals shouldn't be allowed to say there's a scientific consensus on climate change.

Problems arise, however, when Inhofe's work is subjected to scrutiny. For example, some of the senator's scientists are actually economists. Others are scientists and inventors who have "no expertise in climate science whatsoever." Many are on ExxonMobil's payroll.

But an alert reader brought this item to my attention, and it's my favorite.

One of the listed prominent scientists is Chris Allen, who holds no college degree, believes in creationism and belongs to a Southern Baptist church. Allen is a weatherman at the FOX-affiliated TV station in Bowling Green, Ky.

On pages 227-228 of the report, Inhofe identified Allen as a meteorologist and quoted from his "scientific writing" -- a blog -- about global warming.

"[J]ust because major environmental groups, big media and some politicians are buying this hook, line and sinker doesn't mean as a TV weatherperson I am supposed to act as a puppy on a leash and follow along," wrote Allen. "All of this (global warming alarmism) is designed to get your money and then guilt you in to how you live your life."

Allen's blog rejects global warming, in part because he doesn't believe "God would allow humans to destroy the earth He created." He's also argued that his perspective on science has value, despite not having a background in science, because, "The way I see it, some people are too smart for their own good."

The point here is not to pick on a TV weathermen, who is obviously entitled to his opinions. Rather, the point is that a U.S. senator labeled this man a "distinguished scientist" and "a meteorologist," whose "expertise" on climate change should cast doubt on overwhelming scientific evidence.

Something to keep in mind the next time Inhofe is on Fox News boasting about his latest "report."

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (28)

Bookmark and Share

THIS WEEK IN GOD.... First up from the God Machine this week is an ongoing source of concern for those interested in religious liberty: the intersection of evangelism and the U.S. military.

A U.S. church raised money to send Bibles, printed in the Pashtu and Dari languages, to American soldiers stationed in Afghanistan, a report on Al Jazeera documented Sunday night.

It is against military rules to proselytize -- a regulation one of the soldiers filmed by the network readily acknowledged. "You cannot proselytize, but you can give gifts," says the soldier. It is a crime in Afghanistan to attempt to convert anyone from Islam to any other religion. "I also want to praise God because my church collected some money to get Bibles for Afghanistan. They came and sent the money out." The footage is said to be roughly a year old.

The Al Jazeera report also shows a military preacher urging army parishioners to "hunt people for Jesus."

"The Special Forces guys, they hunt men. Basically, we do the same things as Christians. We hunt people for Jesus. We do, we hunt them down. Get the hound of heaven after them, so we get them into the Kingdom. That's what we do, that's our business," he says.

The Al Jazeera report is part of the larger phenomenon of blurring the proselytizing line in the military, as Jeff Sharlet's subscription-only cover story from the May issue of Harper's documented very well. The piece was filled with jarring examples, but I was especially struck with this: "In a lecture for [Officers' Christian Fellowship] titled 'Fighting the War on Spiritual Terrorism,' Army Lieutenant Colonel Greg E. Metzgar explained that Christian soldiers must always consider themselves behind enemy lines, even within the ranks, because every unsaved member of the military is a potential agent of 'spiritual terrorism.' Even secularists with the best intentions may be part of this fifth column, Air Force Brigadier General Donald C. Wurster told a 2007 assembly of chaplains, noting that 'the unsaved have no realization of their unfortunate alliance with evil.'"

Military officials have said there have been some isolated problems that have been properly addressed, but "the leadership of the U.S. military has a problem, whether they acknowledge it or not. An influx of aggressive fundamentalists has entered the military chaplaincy and is creating havoc."

Also from the God Machine this week:

* The younger generation is increasingly following a more secular path: "New research shows young Americans are dramatically less likely to go to church -- or to participate in any form of organized religion -- than their parents and grandparents. 'It's a huge change,' says Harvard University professor Robert Putnam, who conducted the research."

* TV preacher Pat Robertson responded to Maine's new law on marriage equality by telling a national television audience that gay marriage will lead to legalization of polygamy, bestiality, child molestation, and pedophilia. "You mark my words, this is just the beginning in a long downward slide in relation to all the things that we consider to be abhorrent," said Robertson.

* And in Findlay, Ohio, 17-year-old Tyler Frost is facing suspension from high school if he takes his girlfriend to her school prom. What's the problem? Frost attends a fundamentalist Baptist school that forbids dancing, hand-holding, and other forms of affection. It's not enough that his school doesn't host dances, school officials say students can't attend other schools' dances, either. Sounds a bit like Footloose, doesn't it?

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (33)

Bookmark and Share

TIME TO UPDATE THE RESUME, FEHERTY.... Chances are, David Feherty, a golf analyst of CBS, thought he was being funny. He wrote a disjointed, 1,500-word piece for D Magazine about George and Laura Bush moving to Dallas, and Feherty apparently thought it would be a good time to dabble in some political analysis.

After explaining his belief that Bush's critics are awful, his presidency will be appreciated in the future, and Bush was dealt "rotten cards" to play, Feherty argued:

From my own experience visiting the troops in the Middle East, I can tell you this, though: despite how the conflict has been portrayed by our glorious media, if you gave any U.S. soldier a gun with two bullets in it, and he found himself in an elevator with Nancy Pelosi, Harry Reid, and Osama bin Laden, there's a good chance that Nancy Pelosi would get shot twice, and Harry Reid and bin Laden would be strangled to death.

It's not clear why Feherty wrote this, or even what his point was. As best as I can tell, the golf analyst believes Democratic leaders' opposition to Bush's Iraq policy has led servicemen and women to want to kill them. Or something, it's hard to tell.

Regardless, Rush Limbaugh's audience got to hear Feherty's words of wisdom yesterday; Media Matters is on the case pressing for an apology; and Keith Olbermann labeled Feherty the "worst person in the world" last night.

As for the "substance" of Feherty's bizarre perspective, it's also worth noting how insulting this is to those who wear the uniform. Atrios noted, "I'm sure there are plenty in the military who hate Democrats. I bet plenty don't! I don't really know how it breaks down and it doesn't really matter. I'm not going to play mindreader, but if I were in the military I wouldn't be too thrilled if someone assumed that we were all just waiting for an opportunity to assassinate leading politicians."

VoteVets had an item striking a similar note: "Evidently, Feherty believes that we are mindless machines of death, who would without hesitation accept a loaded weapon from a stranger in civilian society, and then use that weapon to assassinate political leaders of the country we have sworn to defend.... Feherty, who to my knowledge has never served his country or ours in uniform, makes the assumption that he knows Soldiers and Veterans, and that 'any U.S. soldier' has such hatred for (again) the political leaders of the country we have sworn to defend, that we could not be professional enough to help ourselves from committing murder on the spot. What Mr. Feherty might not understand is that there are few Americans who have been as loyal to Veterans and Soldiers as Nancy Pelosi and Harry Reid. If I found myself in that proverbial elevator, the first thing I would do is thank them both profusely."

I'm guessing Feherty will issue some kind of statement this weekend, explaining that his column was a poor attempt at humor, and he's sorry if his insult against the troops and congressional leaders caused offense. One wonders if CBS will find that sufficient.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (48)

Bookmark and Share
By: Hilzoy

"I Don't Believe I've Ever Met A Homosexual"

James Kirchick writes:

"I oppose using a person's sexual orientation as a job qualification for the same reasons that I oppose the privileging of a candidate based upon their race or sex: It boils individuals down to their immutable traits. The only aspect that Obama should consider as he weighs his options over the next few days is the candidates' jurisprudence."

Matt Yglesias responds:

"The nature of the Supreme Court is that a great many of its most important cases concern the rights of women and various kinds of minority groups. It's absurd to think that a forum of nine white, male, heterosexual Christians could possibly compose the best possible forum for deciding these kinds of issues. The reality is that a nine-person group can't possibly fully represent the diversity -- in terms of religion, sexual orientation, ethnicity, gender, etc. -- that exists in the country at large. But one can do better or worse on this regard and it makes perfect sense to aspire to do better. That's not an alternative to caring about the quality of the jurisprudence, it's part of trying to get good jurisprudence."

This is absolutely right, and I think it's why Obama was right to say that he wanted to nominate a justice who is not just "dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role", but who has the "quality of empathy, of understanding and identifying with people's hopes and struggles". This is not opposed to caring about getting the law right; it's about understanding what is at stake in various cases well enough to see how the law, as it is written, actually applies.

To see why this matters, consider an anecdote about Justice Powell's deliberations in Bowers v. Hardwick.

Bowers was a case in which Matthew Hardwick, who had been arrested for engaging in consensual homosexual sex in his own home, challenged the Georgia sodomy statute under which he had been charged. One of the crucial questions on which the case turned was: are sexual activities between consenting adults, carried out in their own homes, protected under either the ninth or the fourteenth amendments?

Given previous cases involving the right to privacy, it was crucial to decide whether such acts involved what Justice Blackmun, in his dissent, called "the fundamental interest all individuals have in controlling the nature of their intimate associations with others", or just a right to engage in homosexual sodomy, as the majority claimed. Is the right to decide which consenting adult to have sex with, and how, one of those fundamental interests that we take the ninth and fourteenth amendments to protect, or is it not?

In their arguments (1, 2, 3), the majority discussed only gay sex, even though the Georgia statute also criminalized heterosexual sodomy. They also described their findings in terms of their application to homosexuals, saying things like: "The Constitution does not confer a fundamental right upon homosexuals to engage in sodomy."

One might therefore ask: did the various Justices have any clear conception of the importance, to gay men and lesbians, of being able to have sex with the people they love? One might think that anyone would understand that, but that is only true if one accepts the idea that gay men and lesbians are people, rather than members of some strange alien species. So: how did the Justices think about gay men and lesbians?

Here's some evidence from Jeffrey Toobin's The Nine, pp. 218-219 (note that Justice Powell was the swing vote in this case, and came down in favor of upholding Georgia's sodomy statute):

"One Saturday in the spring of 1986, Justice Lewis Powell struck up a conversation with one of his law clerks, Cabell Chinnis Jr., about Bowers v. Hardwick. As Chinnis recounted the exchange to Joyce Murdoch and Deb Price, authors of a history of gay rights at the Supreme Court, Powell asked about the prevalence of homosexuality, which one friend-of-the-court brief estimated at 10%. Chinnis said that sounded right to him. "I don't believe I've ever met a homosexual", Powell replied. Chinnis said that seemed unlikely. Later the same day, Powell came back to Chinnis and asked, "Why don't homosexuals have sex with women?" "Justice Powell," he replied, "a gay man cannot have an erection to perform intercourse with a woman." The conversation was especially bizarre not just because of its explicit nature but because Chinnis himself was gay (as were several of Powell's previous law clerks.)"

You have to feel for the poor clerk: there he is, a closeted gay man, being quizzed by his boss about why homosexuals don't have sex with women. (Apparently, Justice Powell wasn't thinking of lesbians at all.) I think that a good working definition of empathy would be: that quality that allows a straight man or woman to know the answer to that question without having to ask his or her law clerks. And I would think that the fact that Justice Powell had to ask that question might explain why he believed, falsely, that he had never met a homosexual: if you were gay, would you tell him?

Justice Powell was, as I said, the swing vote in a case that upheld criminalizing consensual gay sex carried out in the privacy of one's own home. It seems pretty clear that he had no conception of what it was like to be gay, and was therefore in no position to decide on the importance of the rights that he was deciding on. That is not a good way to interpret the law when, as in this case, the importance of a right is central to the question whether or not it is protected.

Consider how different things might have been had there been an openly gay man or woman on the Supreme Court, one who might have explained his or her take on this to Justice Powell.

I do not believe that we ought to try to represent every group in existence on the Supreme Court. Most importantly, representation obviously matters less than things like wisdom, devotion to the law and to its faithful interpretation, depth of understanding, and so forth. For another, there are only nine justices, and many more groups whom it would, other things equal, be good to represent. (This is one reason why empathy matters: it's obviously impossible to represent everyone, so there's no substitute for Justices being able to understand the impact of their decisions on people unlike themselves.) And the groups people normally think of are not all the relevant ones: in terms of understanding the importance of laws to those they affect, I think that Sonia Sotomayer's having grown up in the projects is as important as the fact that Kathleen Sullivan and Pam Karlan are openly gay.

(Side note: some conservatives seem to think that empathy necessarily favors criminals. I don't think this is true at all. Growing up in the projects might give someone a particularly clear understanding of just how much damage crime does to inner city communities. I think that it's the understanding that matters, not which side it turns out to favor in a given case.)

But Kirchick is not objecting to the idea that we should care only about getting representatives of various groups on the Court, which I agree is absurd. He says that sexual orientation should not be "a job qualification", which I take to mean that it should not be a consideration at all, even when one is choosing between several highly qualified candidates. For the reasons given above, I think this is wrong. And it's not wrong because representing groups matters more than good jurisprudence, but because, as Bowers v. Hardwick makes clear, ignorance can lead to bad law.

Hilzoy 1:54 AM Permalink | Trackbacks | Comments (25)

Bookmark and Share
 
May 8, 2009

FRIDAY'S MINI-REPORT.... Today's edition of quick hits:

* Probably worth repeating: "President Barack Obama said Friday that while the swine flu virus does not appear to be as dangerous as initially thought, Americans should not let down their guard."

* The window for negotiations closes: "Pakistan declared war on its homegrown Islamic extremists Thursday in a dramatic move that could trigger a wider conflagration. Prime Minister Yousuf Raza Gilani, in a late-night televised address to the nation, said Pakistan would launch a full-scale offensive against Pakistani Taliban guerrillas who've seized control of the vast Swat valley, which is about 100 miles north of the capital."

* Not too big a surprise: "The director of the White House Military Office submitted his resignation on Friday, less than two weeks after he authorized an Air Force One flyover of the Statue of Liberty that terrified thousands of people in New York City."

* Sen. Jon Kyl (R-Ariz), the #2 Republican in the Senate, today urged Obama not to fire any of the banking CEOs who've received bailout money.

* Reports that House Speaker Nancy Pelosi was briefed on Bush administration torture techniques may not reflect what actually happened.

* The Obama administration will now spend more money in Afghanistan than Iraq.

* The White House will not announce the next Supreme Court nominee next week.

* Rep. Rush Holt (D-N.J.) is stepping up to help repeal "Don't Ask, Don't Tell."

* Good to see Attorney General Eric Holder emphasize the importance of Dawn Johnsen's OLC nomination.

* The crown of the Statue of Liberty will re-open to tourists on the 4th of July.

* There's nothing wrong with considering diversity when nominating a judge.

* Women in Texas are billed for rape kit collections?

* Apparently, some right-wing blogger, who claims to be a law professor at Cornell, is all excited about the president putting mustard on his hamburger. So is Fox News. I have no idea why.

* And finally, my friend Rob Boston debated Bill Donohue on Fox News this morning, discussing Notre Dame welcoming President Obama. Donohue said giving the president an honorary degree "would be like Howard University giving David Duke a degree in racial politics." He wasn't kidding.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (42)

Bookmark and Share

YOU CAN'T STOP STEELE, YOU CAN ONLY HOPE TO CONTAIN HIM.... The poor guy is clearly trying too hard.

Last week, when Supreme Court Justice David Souter said that he intended to retire, President Obama said that in naming a replacement, he would not only "seek somebody with a sharp and independent mind and a record of excellence and integrity," but also someone who has "empathy" for "the daily realities of people's lives." Conservatives quickly latched onto Obama's use of the word "empathy," lampooning it and claiming it is a "code word" for an "activist judge."

Guest hosting Bill Bennett's radio show today, RNC chairman Michael Steele derided "crazy nonsense empathetic." "I'll give you empathy. Empathize right on your behind!" said Steele.

"Empathize right on your behind"? Michael Steele, a visionary leader for our times.

What I find amusing to think about is Howard Dean's tenure in early 2005, shortly after he took over as DNC chairman. He had a tendency to make some provocative comments -- including telling a California audience that Republicans are "a pretty monolithic party. They all behave the same. They all look the same. It's pretty much a white Christian party."

If you go back and look at that period, however, two things jump out. One, major news outlets not only pounced on Dean, but quickly pressed Democratic leaders whether they agreed with the DNC chairman's remarks.

And two, leading Democrats -- most notably John Edwards, Joe Biden, and Bill Richardson -- all publicly distanced themselves from Dean.

Dean's "controversial" comments were practically meaningless compared to Steele's near-constant habit of saying dumb things. How about political reporters on the Hill press GOP leaders for their daily reactions to Steele's odd musings?

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

DUMBING DOWN THE DEBATE.... The House GOP leadership is obviously excited about this "Keep Terrorists Out of America Act" nonsense, but the harder they push, the more it seems obvious John Boehner and other leaders think Americans are idiots.

House Republicans released a new video today showing footage of the 9/11 attacks and attacking President Obama's decision to close Guantanamo Bay.

The video is part of a Republican offensive against the prospect of transferring or releasing Guantanamo detainees into the United States.

Last week, House Republicans launched an "ad" intended to scare Americans, showing the president shaking hands with Hugo Chavez. This week, it's a new "ad," showing terrorists held at Guantanamo Bay who may be "coming soon to a neighborhood near you."

It's obviously shameless demagoguery, but what Boehner & Co. continue to fail to grasp is that tactics like these make them look desperate. The ridiculous attacks say more about them than Obama.

There are, to be sure, legitimate questions about the administration's policies. Will the remaining Gitmo detainees face charges? If they're put on trial, which system will the administration use? What about evidence against terrorist suspects that was obtained via torture? Republicans aren't asking any of these questions, probably because they don't care. The point here is to make American families think the president is going to let Khalid Sheikh Mohammed walk around your neighborhood.

John Cole asks, "Has anyone told these guys that we intend to put them in prisons, and not just release them in the wild?" Probably, yes. In fact, I suspect Boehner and his cohorts realize that these attacks are moronic. But they're tried everything else from their bag of tricks, and partisan panic leads weak people to take desperate measures.

The question I'd really like to see Boehner answer, however, is simple: what about all the terrorists we're already holding on U.S. soil?

Maybe I'm missing something, but I'm not sure just what these ads are saying we have to fret about. A prison break? Though there are some prisoners at Gitmo who deserve to be let go -- something even the Bush administration admitted -- Obama isn't going to release the worst-of-the-worst detainees the ad features onto American streets. Indeed, the GOP's video even shows the heavy gates and high-security features of the facilities in which these prisoners would likely reside. Recently admitted al Qaeda agent Ali Saleh Kahlah al-Marri lived in a naval brig in South Carolina for nearly six years, and nearby Charleston is still intact. Colorado's federal Supermax prison already holds Ramzi Yousef, the World Trade Center bomber, Zacarias Moussaoui, the 20th 9/11 hijacker, and Richard Reed, the guy who tried to blow up a plane with a shoe bomb. The state's no less safe for it. There's a reason they call it Supermax.

If Boehner were consistent -- stop laughing, it could happen -- he would have made an effort years ago to remove terrorists from U.S. prisons. Instead, he's never said a word, probably because he knows these madmen are safely locked up in maximum-security facilities.

It's not about policy or security; it's about politicizing fear, and doing it in a ham-fisted way.

As Richard Clarke said today,

"This video and the recent Republican attacks on Guantanamo are more desperate attempts from a demoralized party to politicize national security and the safety of the American people. But what is more disturbing is their brazen use of imagery and the memory of 9/11 to score political points. Thousands of Americans tragically died that day, and for the GOP to think it can win elections by denigrating their memory is disgraceful.

"The difference between these Republican videos and the very terrorist propaganda that seeks to damage our society is negligible. Each attempt to stoke the embers of fear in order to disrupt American life. Just as al Qaeda videos should be viewed as misguided rants from a small group of marginalized radicals, so too should these Republican videos be equally dismissed. As opposed to what the GOP thinks, the American people are not that naive."


Steve Benen 3:50 PM Permalink | Trackbacks | Comments (40)

Bookmark and Share

IF IT'S SUNDAY.... Just yesterday, Dick Cheney explained his belief that it's time for some of the older establishment Republican voices to exit the stage. "I think periodically we have to go through one these sessions. It helps clear away some of the underbrush," the former vice president said, adding, "Some of the older folks who've been around a long time -- like yours truly -- need to move on and make room for that young talent that's coming along."

Keep that in mind when looking over the guest list for the Sunday morning shows for this weekend. Sam Stein noted:

2008 presidential nominee, Senator John McCain will be on ABC's "This Week." Former House Speaker Newt Gingrich will be on "Fox News Sunday." And former Vice President Dick Cheney will be on "Face the Nation" on CBS. ("Face the Nation" confirmed that Cheney would be getting the full half hour.)

The Obama White House and DNC must be salivating at the slate. The latter two officials have been actively elevated by Democrats as the face of the GOP.

That's probably true. The more Cheney and Gingrich are the face of the Republican Party, the happier Democratic leaders are. Sometimes I wonder whether the DNC actually works the phones, urging producers to have these two on. McCain is hardly any better.

Indeed, that all of this is happening in the midst of an alleged "rebranding" effort is almost comical. Eric Cantor is trying to emphasize fresh faces, and Cheney concedes it's time to "clear away some of the underbrush," but there's the Sunday line-up, featuring a disgraced former House Speaker who left Congress 11 years ago, the 72-year-old defeated Republican presidential nominee, and a wildly unpopular former vice president who his own party wants to see go away.

I'd add, however, that these shows' producers really ought to expand their rolodexes a bit. During the Clinton years, Republican guests dominated. During the Bush years, Republican guests dominated. And a few months into Obama's presidency, we have a Sunday morning featuring Cheney, Gingrich, and McCain -- and no current or former Democratic elected officials.

Steve Benen 3:10 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

THE WRONG THREAT.... Of all the various arguments against holding Bush administration officials accountable for alleged wrongdoing, this is probably the least persuasive.

Republican senators used a hearing Thursday with Attorney General Eric Holder to discourage an investigation into torture under the Bush administration. Both Lamar Alexander of Tennessee and Richard Shelby of Alabama suggested that they would push hard to expand any probe of the CIA's "rendition" program and other legally and morally questionable tactics to include the Clinton administration, as well as members of Congress who were briefed on interrogation methods.

In other words, it's all just a partisan game. If there's an effort to apply the rule of law to Bush administration officials, Republicans might want decide to seek justice on a broader scale. And wouldn't that be awful.

In this sense, legal accountability for criminal wrongdoing, ensuring that no one is above the law, is not a bedrock principle of a mature democracy, it's a bargaining chip. Don't make us go there, Sens. Alexander and Shelby warn. If you investigate alleged crimes committed by guys who play for our team, we'll want to investigate alleged crimes committed by guys on your team, they caution the attorney general.

For all I know, some Democrats on the Hill or in the administration might find this persuasive. But to me, it doesn't sound like much of a threat. If Republican lawmakers have reliable evidence of officials in Democratic administrations committing war crimes, I think they should bring it forward. If these GOP members are willing to support an investigation of Bush-era wrongdoing if the probe will also consider alleged crimes committed by Democratic officials, that sounds like a deal most reasonable Dems should jump at.

Steve Benen 2:20 PM Permalink | Trackbacks | Comments (36)

Bookmark and Share
By: Hilzoy

About That Georgia Nullification Resolution ...

As Steve and others have reported, the Georgia State Senate has adopted a resolution allowing the state to nullify any federal laws it thinks are unconstitutional. Hendrik Hertzberg actually read the resolution, and wrote a post that made me want to read it as well: he described it as "a Kompletely Krazy Kocktail of militia-minded moonshine and wacko white lightning -- a resolution that not only endorses defiance of federal law but also threatens anarchy and revolution."

So I did, and as I read I had two main thoughts. First, while Hertzberg writes that the resolution is written in "a mock eighteenth-century style, ornate and pompous", I thought it was an unnervingly good imitation of eighteenth-century prose. And not just in general: in referring to the Constitution as "a compact under the style and title of a Constitution for the United States", the 'style and title' part struck me as pitch-perfect.

Second, there is something very peculiar about its content. Consider this passage:

"That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress."

Where, I wondered, is the Supreme Court in all this? The Supreme Court determines the constitutional limits on the exercise of federal power. It has the power to nullify federal statutes. Therefore, it obviously puts a check on the executive and legislative branches. And while one might think that it has interpreted the Constitution wrongly, it's very odd to write as though it didn't exist, and did not have the authority to keep the other branches of the federal government within constitutional limits.

It occurred to me that there was a simple explanation for all this. So I googled a distinctive phrase, and lo! it turns out that the Georgia resolution is a lightly modified version of Thomas Jefferson's Resolutions Related To The Alien And Sedition Acts. (Most of the resolution follows this version, but towards the end, it substitutes the eighth resolution, here.) It omits all references to the Alien and Sedition Acts themselves, as well as the part where Jefferson seems to say that states, rather than the federal government, have authority over "alien friends", and that the federal government has no right to imprison people who do not obey deportation orders.

UPDATE: I inadvertently cut the following: And they added this piece of lunacy:

"Any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of the United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America."

It's followed by a list of laws that would constitute a nullification of the Constitution. Read it and weep. END UPDATE

This matters for the following reason. Jefferson wrote his Resolutions in 1798. At that time, it was still an open question how the Constitution was to be enforced, and, in particular, how the federal government was to be kept within its limits. In 1803, the Supreme Court decided Marbury v. Madison, which answered that question by holding that federal courts had the power to determine whether or not federal laws were constitutional. It did so on grounds similar to those that moved Jefferson:

"To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction, between a government with limited and unlimited powers, is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.

Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.

If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature illimitable."

Jefferson and Justice Marshall were confronting a similar problem: the need to keep the federal government within constitutional limits. They proposed different solutions: in Jefferson's case, state nullification, in Marshall's, judicial review. When Jefferson wrote, his views were not "militia-minded moonshine and wacko white lightning". They were an attempt to answer a serious problem that had not yet been answered. His solution was, in my view, not the best one, but it was a serious answer to a serious question.

It matters when you write something. The Articles of Confederation were not ideal, but when they were written, they were a real solution to a real problem. Proposing them now would be idiotic. Likewise, what makes the Georgia resolution a Kompletely Krazy Kocktail is that it parrots Jefferson's words as though we had not arrived at a solution to that problem nearly two centuries ago. But we have, and acting as though that solution does not exist, or as though it does not make state nullification both superfluous and a recipe for lawlessness, is absurd.

Hilzoy 1:42 PM Permalink | Trackbacks | Comments (35)

Bookmark and Share

MAINTAINING THE FACADE.... It was a surprise this week to see leading conservatives take a firm position: if President Obama nominates a gay Supreme Court justice, they won't object on the grounds of sexual orientation. Greg Sargent had this encouraging item yesterday:

In a move that will surprise gay activists and liberals, a spokesperson for Focus on the Family, a top religious right group, tells me that his organization has no problem with GOP Senator Jeff Sessions' claim today that he's open to a Supreme Court nominee with "gay tendencies."

The spokesperson confirms the group won't oppose a gay SCOTUS nominee over sexual orientation.

"We agree with Senator Sessions," Bruce Hausknecht, a spokesperson for Focus on the Family, which was founded by top religious right figure James Dobson, told me a few minutes ago. "The issue is not their sexual orientation. It's whether they are a good judge or not."

Their sexual orientation "should never come up," he continued. "It's not even pertinent to the equation."

That is, to be sure, an encouraging thing for the Focus spokesperson to say. I'm just not sure if he means it.

At this point, given the general public discomfort with outright, unambiguous bigotry, most conservatives are reluctant to say, "I care more about sexual orientation than a judge's qualifications. No gays need apply." Sen. John Thune (R-S.D.), the Republicans' Chief Deputy Whip, went this far the other day, and he sounded ridiculous.

With this in mind, I think Focus and Sessions are concerned about appearances, and are taking the line that will make them sound reasonable. If the president does nominate a gay jurist for the court, however, I suspect it will help fuel the right's opposition.

I'd love to think leading conservatives like these have matured and are willing to consider a person on the merits. But if that were the case, Focus' position on gays in the military would be, "The issue is not their sexual orientation, which should never come up. It's whether they are a good soldier or not."

Update: This morning, Sessions' new-found respect was already on the wane. He told Fox News a gay justice would be "a big concern" that might make Americans "feel uneasy."

Second Update: The Family Research Council has a similar line, saying it would oppose a gay justice if he/she has a "pro-gay ideology."

The shift here is interesting. Greg noted that FRC used to oppose gay judicial nominees outright, and that's true. The real shift, then, is the right's perception that it needs to be cautious about anti-gay bigotry. That's a real change.

Steve Benen 1:10 PM Permalink | Trackbacks | Comments (31)

Bookmark and Share

JOHN BOEHNER NEEDS TO TRY HARDER.... When major reports are released, party leaders routinely put out public statements, hoping reporters will pick up on their spin. Sure enough, when new unemployment figures were released this morning, House Minority Leader John Boehner (R-Ohio) quickly released his best pitch. I was curious as to what he'd come up with.

Most of the statement is made up of the usual palaver. Boehner denounces "borrow and spend" ideas, despite the fact that Republicans have embraced "borrow and spend" for years. He insists the approach embraced by the president "isn't helping," though it seems a little premature to draw such a conclusion.

But here's the entertaining part:

"Washington's arrogance must be replaced by a new spirit of bipartisan cooperation to improve job prospects for millions of Americans. Republicans have taken every opportunity to reach out to the President and find areas of agreement. We offered a stimulus bill that created twice the jobs at half the price as the Democrats' bill. Our budget alternative curbed spending, created jobs by cutting taxes, and controlled the debt. And we've proposed legislation to help Americans' rebuild their nest eggs and college savings for their children.

Unfortunately, the Democrats in control of Congress have chosen a go-it-alone approach. It's time for the President and the Democratic leadership in Congress to reverse course and embrace this opportunity for real bipartisan action to help put more Americans back to work."

Let's take these one at a time.

Republicans have "taken every opportunity to reach out" to the president? Actually, that's backwards. Obama has engaged GOP lawmakers, and they've rejected everything he's proposed. That's fine -- it's what the minority party is expected to do -- but let's not pretend otherwise.

The Republicans' stimulus bill would have "created twice the jobs at half the price as the Democrats' bill"? That talking point has been around for a while, but it's wildly wrong. In fact, it's not even close to reality.

GOP lawmakers unveiled a credible "budget alternative"? Actually, their alternative "budget" was a fiasco for the party, and on a substantive level, was completely insane. It was so crazy, about a fifth of Boehner's own Republican caucus voted against it.

Maybe Boehner would have been better off not releasing a statement this morning?

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (17)

Bookmark and Share

FRIDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* A Research 2000 poll for Daily Kos found Arlen Specter looking strong against potential Democratic primary opponents in Pennsylvania -- leading Joe Sestak by 45 points and Joe Torsella by 55 points -- but there's a glimmer of hope for Specter's Democratic detractors. The same poll found only 37% of Pennsylvania Democrats said they would "definitely" vote for the incumbent.

* The same poll offered very bad news for Republican hopeful Pat Toomey. Not only would he lose badly to Specter in a general election, he also trails Sestak and Torsella, despite the fact that few know who they are.

* Now that former Pennsylvania Gov. Tom Ridge has said he's not running, will he throw his support to Toomey? Not yet. On "Hardball" yesterday, Ridge wouldn't say whether he thinks Toomey can win, and wouldn't even commit to voting for him.

* Perhaps all that ridiculous secession talk paid off -- a Rasmussen poll in Texas shows Gov. Rick Perry edging ahead of Sen. Kay Bailey Hutchison in next year's Republican gubernatorial primary.

* Former Rep. J.C. Watts (R-Okla.) has gone from college football player to congressman to infomercial salesman to CNN contributor to lobbyist. Now, he's expected to announce next week whether he'll run for governor in Oklahoma next year.

* And speaking of Oklahoma, it's unclear whether Sen. Tom Coburn (R) will seek re-election next year, but if he doesn't, a lot of Democratic leaders hope Gov. Brad Henry (D), a moderate Dem with a high approval rating, can be recruited to seek the seat.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (7)

Bookmark and Share

BUILDING A BRIDGE TO THE 19TH CENTURY.... These "sovereignty" resolutions in "red" states are generating a little too much support for our modern democracy. Hendrik Hertzberg takes a closer look at a stark-raving mad resolution out of Georgia.

[Georgia] has passed a resolution that mixes three parts inanity and one part prospective treason into a Kompletely Krazy Kocktail of militia-minded moonshine and wacko white lightning -- a resolution that not only endorses defiance of federal law but also threatens anarchy and revolution.

Really, you can't make this stuff up. You have to read it in full to believe it. Even then you can't believe it. You thought that "nullification" had been rendered inoperative by the Civil War? Well, think again. You considered secession a pre-Appomattox kind of thing? Well, reconsider. You assumed that John C. Calhoun was a dead parrot? Well, turns out he was only resting.

The resolution is written in a mock eighteenth-century style, ornate and pompous.... But the substance is even nuttier than the style.

The substance, if you want to call it that, delves into "nullification" theory (Georgia can nullify federal laws it doesn't like), and suggests federal gun-control laws can lead to the disbandment of the United States.

The measure passed the Georgia state Senate 43 to 1. Similar measures have been embraced by lawmakers in other states, primarily in the South, and all of this comes after the governor of Texas spoke publicly about secession. Other governors, including South Carolina's Mark Sanford, are reportedly warming up to Civil War-era ideas.

Ed Kilgore explained:

As someone just old enough to remember the last time when politicians in my home southern region made speeches rejecting the Supremacy Clause and the 14th amendment, I may take this sort of activity more seriously than some. But any way you slice it, Republicans are playing with some crazy fire. For all the efforts of its sponsors to sell the "sovereignty resolution" idea as a grassroots development flowing out of the so-called Tea Party Movement, its most avid supporters appear to be the John Birch Society and the Council of Conservative Citizens, the successor to the White Citizens Councils of ill-fame. And given the incredibly unsavory provenance of this "idea," it's no surprise that these extremist groups are viewing the "movement" as an enormous vindication of their twisted points of view.

If John C. Calhoun offered the definitive articulation of the nullification theory, his nemesis, President Andrew Jackson, offered the definitive response, which holds true today. He said the doctrine was "incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed."


Steve Benen 11:15 AM Permalink | Trackbacks | Comments (59)

Bookmark and Share

'WHERE POLICY IS MADE'.... It seems a little premature to start attacking individual quotes from a judge who might be considered for the Supreme Court. After a nominee is announced, scrutinize away. But before then, it's very likely a pointless exercise.

That said, one of the right's overheated criticisms of Judge Sonia Sotomayor, rumored to be a contender for the high court, speaks to a larger point of confusion among conservatives about the judiciary.

There's a video of Sotomayor speaking at Duke University Law School four years ago in which the judge said appeals courts are "where policy is made." Conservative activists and Republican senators have seized on those four words as evidence of "judicial activism." After all, they argue, "policy" shouldn't be "made" in the courts; it should come from the legislative process. To do otherwise, the theory goes, is to "legislate from the bench."

I have no idea whether Sotomayor will get the nomination or whether these four words will influence the process, but A.L. did a nice job explaining why the Republicans' argument is misguided.

The entire video clip can be found here. The context, as Orin Kerr helpfully explains in this post, is that Sotomayor was explaining the differences between clerking at the District Court level and clerking at the Court of Appeals level. Her point, which is unquestionably true as a descriptive matter, is that judicial decision making at the Court of Appeals level is more about setting policy, whereas judging at the District Court level is a more about deciding individual cases and disputes. And the reason for this is obvious. Decisions at the Court of Appeals level don't just determine the fates of individual litigants; they serve as controlling precedent for all District Court judges within that circuit. Thus any decision by a Court of Appeals becomes the policy of that circuit, at least until it's overruled by the Supreme Court (which is rare).

There is nothing remotely controversial about this. Cases get appealed to the Circuit Court level for one reason: because the answer to the question being litigated is not clear.... But in Simplistic Republican World, none of this actually happens. Good conservative judges don't "make policy," they simply enforce the law. The law is apparently always clear. Indeed it's a wonder that lawyers even bother to appeal cases in the Fourth Circuit. After all, they should know that the conservative jurists in that circuit will simply "enforce the law" (because they wouldn't dream of "making policy"), so the outcome should be very predictable.

I realize the right is on hair-trigger alert over this Supreme Court vacancy, and many are probably laying the groundwork now for future attacks, so they'll be more effective when the nomination is made.

But Sotomayor's quote is just common sense about how the appeals courts function. If she's chosen to succeed Souter, and the right is looking for something to freak out over, they'll need to look elsewhere.

Steve Benen 10:30 AM Permalink | Trackbacks | Comments (31)

Bookmark and Share

NAZIS VS. AL QAEDA.... If Republican leaders want to sound even remotely credible on national security, they're going to have to open a history textbook. With increasing frequency, they're arguing that suspected al Qaeda terrorists are a more serious threat than WWII-era Nazis.

The latest to make the claim: GOP Rep Pete Hoekstra, at a press conference today announcing the GOP's new "Keep Terrorists Out Of America Act," which is designed to restrict the housing of Guantanamo detainees on American soil.

Asked by a reporter whether this wasn't comparable to the detainment of Nazis in prisoner of war camps during World War II, Hoekstra said the two were "night and day" because of the threat of "homegrown terrorism" and because of 9/11.... Hoekstra appears to be making a slightly different argument: That the individual terror suspects are a greater threat than individual Nazis were on American soil because of their alleged association with terror.

Former Secretary of State Condoleezza Rice made a similar claim last week, telling Stanford University students, "Nazi Germany never attacked the homeland of the United States.... Three-thousand Americans died in the Twin Towers and the Pentagon."

The argument, in a nutshell, is that Nazis were bad, but at least they didn't kill Americans in America. Since al Qaeda has, it makes the terrorist threat more serious than the German threat in World War II.

The flaws in this kind of thinking are overwhelming. First, as a factual matter, Rob Farley recently noted that German troops did, in fact, kill Americans in and around US territorial waters between January and June 1942. Farley explained, "I suspect that an attack on an American ship in US territorial waters would be interpreted by just about anyone as an attack on the homeland of the United States."

Second, the comparison is just bizarre on its face. Millions of Nazis took large swaths of Europe by force; tens of millions died. Al Qaeda is a group of lunatics who live in caves.

The context of all of this is what to do with 250 detainees at Guantanamo Bay. The United States detained 425,000 Axis Powers prisoners of war, many of them Nazis. Gitmo holds about 250 guys, who can be locked up pretty easily.

I'd just add that in the 1940s, the Republicans of the era didn't feel compelled to run ads telling the public that FDR wanted to send Nazis "to a neighborhood near you."

Steve Benen 9:35 AM Permalink | Trackbacks | Comments (36)

Bookmark and Share

JOBLESS CLIMBS, PACE SLOWS.... How awful has the recession been? So awful that a month with 539,000 job losses is considered an improvement.

GR2009050801189.bmp

The United States economy lost 539,000 jobs in April, the government reported on Friday, a sign that the relentless pace of job losses was starting to level off slightly. A year ago, the loss of more than half a million jobs in a single month would have seemed like a disaster for the economy. On Friday, experts were calling it an improvement.

The Bureau of Labor Statistics reported that the unemployment rate surged to 8.9 percent in April, its highest point in a generation. But some economists saw glimpses of a bottom in the latest grim accounting of job losses. The economy, while still bleeding hundreds of thousands of jobs, is starting to lose them at a slower pace, offering the latest hint that the recession is bottoming out.

Economists were expecting job losses of 600,000 in April, and predicted the unemployment rate would rise to 8.9 percent from 8.5 percent in March. That may not comfort the 13. 7 million unemployed people in the United States, but economists said the figures offered a rare signal that the labor market was not tumbling lower quite as fast.

The 539,000 job losses amounted to the best month for the U.S. economy since October -- November through March featured monthly totals of 600,000 job losses or more.

Economists were expecting April totals to reach 620,000 job cuts, but the number was better thanks to what the AP described as "a burst of government hiring."

The 8.9% unemployment rate climbs to 15.8% if we include those who are working part-time but want full-time employment, or those who've simply given up. This number, often referred to as the U6 measure, is now at its highest point since the government began keeping track in 1994.

In all, to date the U.S. has lost 5.7 million jobs since the start of the current recession in December 2007.

Update: Chart by way of the Washington Post.

Steve Benen 9:00 AM Permalink | Trackbacks | Comments (5)

Bookmark and Share

SOONER RATHER THAN LATER.... Lt. Dan Choi has been serving the nation with great distinction. He's a West Point graduate, a combat veteran, and an officer in the Army National Guard. He also happens to be fluent in Arabic, a skill that's in short supply and high demand. If we're lucky, our military will have a lot more men and women like Dan Choi willing to put on the uniform and volunteer to serve in a time of war.

Choi, however, isn't going to be allowed to serve anymore. He acknowledged in March that he's gay, and this week, was told the military was ending his career. Choi appeared on MSNBC's "The Rachel Maddow Show" to discuss how frustrating this is to him personally, and how insulting it is to his unit. In the same clip, we see Rep. Joe Sestak (D-Pa.), a retired Navy admiral and the highest ranking officer serving in Congress, who is anxious to end the indefensible "Don't Ask, Don't Tell" policy.

By now, we've all heard every argument, from every angle, so there's no point in rehashing the debate. I would, however, love to hear a conservative DADT supporter explain why the United States is stronger, safer, and more secure with Lt. Choi out of the military.

President Obama has committed to ending the absurd and discriminatory policy, though the administration doesn't appear to be in much of a hurry. That said, just this week, the president sent a handwritten note to Second Lieutenant Sandy Tsao, who was recently kicked out of the military for acknowledging her sexual orientation.

"It is because of outstanding Americans like you that I committed to changing our current policy," Obama said in his note. "Although it will take some time to complete (partly because it needs Congressional action) I intend to fulfill my commitment."

For what it's worth, Sestak told Maddow last night that he'd like to see congressional action on this before the fall. He'd prefer that the president not use his authority to suspend enforcement of the law, hoping instead that Congress can change the law and send it to the White House for Obama's signature.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (27)

Bookmark and Share

BEFORE HE 'MOVES ON'.... Dick Cheney spoke at some length with radio host Scott Hennen yesterday, and acknowledged that it's time for older Republican leaders, like him, to exit the stage. "I think periodically we have to go through one these sessions. It helps clear away some of the underbrush," the former vice president said, adding, "Some of the older folks who've been around a long time -- like yours truly -- need to move on and make room for that young talent that's coming along."

That would likely bring some relief to current GOP leaders who would love nothing more than to see Dick Cheney "move on," but before he does, the former VP wants to take a few more bites at the apple. In yesterday's interview, Cheney defended torture, went after the president again, and perhaps most importantly, said he doesn't want to see his party moderate.

Calling politics cyclical, he concluded that the party did not need to go through a process of moderation.

"I think it would be a mistake for us to moderate. This is about fundamental beliefs and values and ideas...what the role of government should be in our society, and our commitment to the Constitution and constitutional principles," he said. "You know, when you add all those things up the idea that we ought to moderate basically means we ought to fundamentally change our philosophy. I for one am not prepared to do that, and I think most us aren't."

Cheney added, "Most Republicans have a pretty good idea of values, and aren't eager to have someone come along and say, 'Well, the only way you can win is if you start to act more like a Democrat.'"

I can only assume Democrats are delighted to hear this. Indeed, if the DNC were writing up the script, party leaders would have Dick Cheney doing public interviews, encouraging his party not to move towards the middle. The former vice president continues to do more to help the majority party than hurt it.

This weekend, Cheney is scheduled to appear on CBS's "Face the Nation." It's all part of his plan to "move on and make room for that young talent that's coming along."

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (30)

Bookmark and Share
By: Hilzoy

Signs And Portents

Steve already noted the brouhaha over Obama's decision to observe National Prayer Day in private. This is an instance of something that generally bothers me about many discussions of politics: the assumption that political figures are not doing things for normal human reasons, but should instead be seen as communicating in a sort of code. Everything they do has a symbolic meaning: it's a symbol of disrespect for this, or craven obedience to that, or whatever; and if we want to understand them, we should not try to figure out why some comprehensible human being might have done what they did, but try to crack this code.

This is, in my view, silly. It's what leads to things like outrage over Obama's shaking hands with Hugo Chavez: if you view that handshake as the normal civil response to someone's extending his hand to you, it seems completely innocuous; but if you see it as a Fraught With Meaning, it looks like a sign that Obama thinks that Chavez is a wonderful guy.

Likewise in this case. I would think that people of faith, in particular, should be wary of politicians holding ceremonial observances of National Prayer Day. For one thing, one's communications with God are intensely personal. If you think of God as a person, and not as a political weapon, the idea of having a ceremony of this kind would be like observing National Have A Serious Talk With Your Spouse Day by having such a talk in front of TV cameras.

Of course, prayer is not entirely like having a serious talk with your spouse. In many religions, there is such a thing as communal prayer; whereas communal serious talks with one's spouse are generally a sign that something has gone badly askew. That said, to a person of faith, communal prayer is a religious act, not a political one. The idea of politicians using it to send political messages, or to score political points, ought to be repugnant to people who take faith seriously.

I have absolutely no idea what led Barack Obama to decide not to have a public ceremony in honor of National Prayer Day. I do know that having a nice ecumenical service would have been the path of least resistance, politically, and the idea that he was "giving in to his left-wing base" is ludicrous to me. (We all know that he's religious, and most of us are fine with that.) Possibly the thought that prayer is private, and not something to be used to score political points, had nothing to do with it.

That said, though, it's an obvious possibility. And anyone who thought about why someone might not have such a ceremony, and who was thinking of that person as a human being, rather than as a Speaker in Code, should have considered it.

***

There are, obviously, occasions when the symbolic meaning of some act is worth taking seriously. I imagine, for instance, that on some occasion, Obama might feel like skipping a state dinner for some visiting dignitary and watching a movie with his family. Presumably, he'd go to the dinner anyways: skipping out, however comprehensible, would be a gesture of great disrespect, and one that he should avoid unless that is a message he actually wants to send.

But I think we should try not to multiply those occasions beyond what's strictly necessary. If we insist on taking everything any politician does to be some sort of coded message, we give them no incentive to act like actual human beings, and cannot complain when they turn out to have neither character nor personality.

Moreover, finding symbols everywhere constrains people's actions in undesirable ways. On this occasion, it simply means that Obama cannot decide for himself how he wants to pray, but has to choose between holding a ceremony he might find religiously objectionable and sending the signal that he doesn't care about prayer. This is a recipe for the multiplication of ceremonies: every time you add one, you are sending a signal of respect to some constituency; every time you stop holding one, you send a signal of disrespect. Go too far down this road and you'll end up holding ceremonies non-stop. This is a bad way for Presidents to spend their time.

But it's worse in other cases. Consider the Chavez handshake again. When Chavez stuck out his hand, Obama had various choices. He could have refused to shake Chavez' hand, which is a serious insult. He could also have indicated real enthusiasm for Chavez, e.g. by throwing his arms around him and saying "Soulmate!" But he also had the option of doing something essentially meaningless: shaking Chavez' hand.

If we wish to construe anything other than clear expressions of disdain or horror as "legitimizing" Chavez, we deprive politicians of the option of being basically civil and non-committal. Is there any earthly reason to suppose that narrowing their options in this fashion would be a good thing? That it would advance America's interests, or those of anyone other than people who thrive on perpetual outrage? I can't see how.

Hilzoy 12:07 AM Permalink | Trackbacks | Comments (28)

Bookmark and Share
 
May 7, 2009

THURSDAY'S MINI-REPORT.... Today's edition of quick hits:

* President Obama unveiled the details of his federal budget today. He also identified $17 billion in spending cuts, which was immediately deemed insufficient. (The White House has posted the budget and related materials online.)

* GM lost $6 billion in the first quarter, and its cash reserves are dwindling. In related news, GMAC has to raise $13.1 billion in a hurry.

* Pakistan declares war on the Taliban.

* According to the World Health Organization, there are now more than 2,000 people in 23 countries with confirmed cases of the H1N1 flu. Over half are in Mexico.

* North Korea appears to be gearing up for a new nuclear test.

* Senate Democratic leaders gave Sen. Arlen Specter the chairmanship of the Crime and Drugs Subcommittee. Judiciary Committee Chairman Pat Leahy isn't happy about it.

* Sen. Orrin Hatch (R-Utah) said Judge Sonia Sotomayor would face stiff GOP opposition if she were nominated for the Supreme Court.

* Brian Beutler takes a closer look at the whole whisper campaign against Sotomayer.

* It's odd to hear Sen. Jeff Sessions (R-Ala.), the ranking member on the Judiciary Committee, sound more reasonable than most of his GOP colleagues when it comes to judicial qualifications.

* Every time an Arabic linguist is thrown out of the U.S. military for being gay, I get a little more outraged.

* The Senate confirmed Gil Kerlikowske today as the new director of the Office of National Drug Control Policy. The vote was 91 to 1.

* The Obama administration now supports letting D.C. public school students who've received vouchers to keep receiving them through graduation, but without expanding the program or allowing new students to receive taxpayer-subsidized private school tuition.

* A marriage-equality bill is headed for New Hampshire Gov. John Lynch's (D) desk. It's unclear what he'll do.

* Circle your calendar: "Karl Rove's long-awaited testimony before Congress about the US Attorney firings will likely occur around early June, according to Rove's lawyer."

* If Bill O'Reilly wanted to be less sexist, he could "help" it.

* And finally, Obama is Spock. Good to know.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (28)

Bookmark and Share

QUOTE OF THE DAY.... Time has an interesting cover story in its new issue, exploring the depths of the Republican Party's problems, and when the party might recover. There was one quote in the piece, however, that I had to read a few times, just to make sure I wasn't seeing things.

The most urgent question is the meaning of economic conservatism. Representative Patrick McHenry of North Carolina, a conservative who keeps a bust of Reagan on his desk, surprised me by declaring that the Reagan era is over. "Marginal tax rates are the lowest they've been in generations, and all we can talk about is tax cuts," he said. "The people's desires have changed, but we're still stuck in our old issue set."

That's true, of course, but it's incredible to see McHenry admit it, out loud and on the record.

Indeed, just three weeks ago, McHenry was getting conservative activists worked up at a "Tea Party" in North Carolina, arguing that the current tax burden is outrageous. He neglected to mention to the crowd of angry conservatives, "Marginal tax rates are the lowest they've been in generations."

It probably slipped his mind.

Also note, McHenry isn't even close to being a moderate. Long-time readers of the Monthly may recall this fascinating item from 2005, detailing McHenry's rapid ascent in Republican politics, thanks to his uncanny ability to position himself to the right of just about everyone.

When he's admitting that the Reagan era is over and the Republican demands for tax cuts are no longer relevant, it suggests the GOP is need of a whole new identity. By the time the same congressman leading the tax revolt concedes that taxes are already low, you know the jig is up.

Post Script: How quickly will Limbaugh and the Club for Growth force McHenry to denounce himself? And how can McHenry spin out of unambiguous comments like these?

Steve Benen 4:00 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

SETTING THE NDP RECORD STRAIGHT.... We talked earlier about President Obama breaking with Bush's habit of recognizing the National Day of Prayer. In the past few hours, though, the bizarre lies from the right about the president's decision have been remarkable.

Let's quickly summarize. In the early 1950s, when lawmakers were adding "under God" to the Pledge and changing all American money to include the phrase "In God We Trust," Congress created an official annual Prayer Day for the nation. Congress, under pressure from the religious right, changed the law in 1988 to set the National Day of Prayer as the first Thursday in May. Obama, like his predecessors, issued a proclamation (pdf) honoring the "holiday."

So, what's the problem? Unlike George W. Bush, Obama didn't open up the White House to the self-appointed National Day of Prayer Task Force, run by religious right activists, which has hosted exclusive events for the last eight years.

This has led a variety of conservatives to make a variety of demonstrably false claims.

Lie #1: Rush Limbaugh said Obama tried to "cancel" the National Day of Prayer.

That's obviously not true; Obama issued a proclamation acknowledging the day. No effort was made to "cancel" anything.

Lie #2: Fox News' online project, Fox Nation, said the president "won't celebrate" the National Day of Prayer.

Again, the proclamation proves otherwise.

Lie #3: Fox News' Gretchen Carlson said the president's decision to participate in "private" prayer on "National Prayer Day" is evidence of Obama "giving in to the PC society that we live in."

No one pressured Obama to keep the National Day of Prayer Task Force out of the White House; it was just the obvious thing to do. As for the knock on "private" prayer, I might recommend Gretchen Carlson read Matthew 6:6.

Lie #4: Fox News' Steve Doocy said Reagan and George H. W. Bush held events similar to that of George W. Bush.

As hard as this is to believe, Doocy has it backwards. Reagan largely ignored the NDP for his first seven years in office.

Lie #5: Elisabeth Hasselbeck said on Fox News that the National Day of Prayer "has been a huge tradition" in the U.S.

That's just nonsense, since most presidents, like most Americans, have largely ignored the "holiday." Besides, Obama is keeping the "tradition" going by doing what his predecessors have done -- he issued a proclamation. [Update: And if we're really going to talk about American "traditions," it's also worth remembering that Thomas Jefferson and James Madison explicitly rejected state-sponsored prayer days. And all Madison did was write the Constitution.]

Hasselbeck -- who is she again? -- concluded, "We should be able to gather and pray as we see fit." What I'll never understand about conservative activists is why they think they need government to get involved in spiritual matters. Hasselbeck could get together with others to pray as they see fit yesterday, today, and tomorrow. Whether the Dobsons get to hang out in the East Room of the White House is irrelevant.

Honestly, I'm not sure which is more annoying -- the conservatives' prayer-related dishonesty or their prayer-related whining.

Steve Benen 3:20 PM Permalink | Trackbacks | Comments (59)

Bookmark and Share

THEY'RE NOT SUPER VILLAINS; THEY LACK SUPER POWERS.... Literally every attack Republicans have thrown at the Obama administration has been a dud. Some have been more embarrassing than others, but when "socialism" started polling well, it probably should have been a signal to the GOP to reevaluate their smear tactics.

Now, however, Republicans leaders are very excited about the new line of attack. Today, they're rallying support for the "Keep Terrorists Out Of America Act." This follows up on arguments from January, and the message hasn't improved since.

The GOP argument is that the president, by closing the detention facility at Guantanamo Bay, may move as many as 250 detainees to detention facilities in the U.S. Congressional Republicans want to make that next to impossible, arguing that Obama would put American lives at risk by bringing suspected terrorists onto American soil.

This is a very stupid argument.

There are multiple angles to this, but let's cut to the chase: we already lock up some extraordinarily dangerous people in maximum-security facilities. Al Qaeda suspects may be scary, but they don't have super powers. Obama isn't going to just drop off bad guys on Main Street and ask them to play nice.

I'll just quote Jon Stewart's commentary from January, which summed up the problem nicely. In a message to Republicans, the "Daily Show" host explained:

"I know you guys are freaking out, but you know what we in these United States do better than anyone? Imprison people.

"We've got 2.3 million people locked up. Per capita, we're #1... But these detainees are 'the worst of the worst'; the creme de la crud; they want to kill Americans. Yeah, unlike our current inmate population of jaywalkers, cream puffs and boy scouts who only want to hug Americans [images of Charles Manson, Tim McVeigh, et al, on screen].

"Look, I know you're Republicans so you don't watch MSNBC, but check it out on the weekends. They have this 6-10 hour block called 'Lockup.' [video shows a prisoner saying, 'I pulled his brain out and took a bite out of it'] We can't handle these piddly punks from Guantanamo? I'll put a good, old fashioned, USA born and raised, brain0eater against any of those motherf***ers. Any of them. USA! USA!

"Let's stop pretending these Guantanamo guys are all super villains. They're thugs and jackasses, not Magneto. If they had mutant powers we would've known by now. But you don't want them on our soil. I understand. We're safe as long as they're in Cuba with 90 miles of ocean between us. Yeah, nobody could ever make that harrowing journey -- oh, except maybe a six-year-old with access to high-tech innertube technology. I know Janet Reno would like you to believe that Elian got here on the wings of a magical schnauzer, but no! It might be comforting to keep these prisoners in legal limbo, but the thing is they're not actually in limbo. They still exist. So until we can come up with an actual limbo, a phantom zone so to speak, I'll take my chances with the system that's been able to contain the brain-eater guy."

It's hard to know for sure whether Republicans know all of this, but are desperate for an effective attack (in which case they're lying), or if they actually believe their own nonsense (in which case they're fools). Either way, the "Keep Terrorists Out Of America Act" is absurd.

Steve Benen 2:30 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

WHAT CONSTITUTES A 'DISGRACE'.... Yesterday, a Politico headline read, "Disgraced John Edwards back in the spotlight." Jamison Foser responded with a short item that got me thinking.

Maybe someday, we'll see a Politico headline like this about Newt Gingrich.

That would be nice. After all, Gingrich, while in Congress, was plagued by questions over ethics violations, carried on an extramarital affair with a younger aide while impeaching President Clinton, enjoyed Cheney-like approval ratings from the public, was forced from his leadership post by his own caucus, and soon after resigned from the House altogether. Is he a "disgrace"? Sounds like it.

I'm not necessarily bothered by the Politico's use of the word in relation to John Edwards. The former senator's future in public life is certainly bleak. But Foser's broader point -- what constitutes a "disgrace"? -- is worth considering.

As far as I can tell, doing something disgraceful isn't enough. Republicans like Gingrich, Tom DeLay, and David Vitter, among many others, have seemingly disgraced themselves, but none are commonly awarded the term.

In contrast, Dems like Edwards and Rod Blagojevich are labeled a "disgrace" with minimal hesitation.

The rule, then, seems to be that politicians are a "disgrace" when their allies no longer want anything to do with them. If like-minded figures are willing to hang out with you, you're in good shape. If not, expect the "d" word. Democrats won't return Edwards' calls,so he's in trouble. Vitter is seeking re-election, presumably on a "pro-family" platform, so he's fine.

With this in mind, the problem with Gingrich isn't that he doesn't deserve to be called a "disgrace," it's that Republicans still consider him credible. Perhaps, if the GOP had higher standards, we'd have more "disgraces."

Steve Benen 1:45 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

RIDGE TAKES A PASS.... Republicans leaders practically begged Tom Ridge to run for the Senate in Pennsylvania, assuming, correctly, that he would be their best candidate.

The lobbying efforts didn't pay off -- Ridge passed on the race today.

"After careful consideration and many conversations with friends and family and the leadership of my party, I have decided not to seek the Republican nomination for Senate," Ridge said in a statement.

"I am enormously grateful for the confidence my party expressed in me, the encouragement and kindness of my fellow citizens in Pennsylvania and the valuable counsel I received from so many of my party colleagues."

Ridge's decision is a setback for Republicans looking to challenge Sen. Arlen Specter (D-Pa.) in next year's general election. Several public polls showed Ridge running competitively against Specter in a general election.

The party is concerned that former GOP congressman Pat Toomey is too conservative to win a general election in the Keystone State.

Ridge would have no doubt faced some withering attacks from Toomey and the right, which may have discouraged him. His association with the Bush administration, his lobbying work, and the fact that he hasn't actually lived in Pennsylvania for several years might have also factored into the decision. That Ridge would have had to take a big pay cut no doubt mattered, too.

As for the party and the Senate race, Republicans are now likely to turn to Rep. Jim Gerlach, from the southeast corner of the state, as a challenger for Toomey.

And what of the Democrats? The good news for Specter is that Ridge was a very credible general-election candidate, and today's decision removes the most competitive Republican. The bad news for Specter, as Brian Beutler explained, "[O]ne of the key arguments for nominating Specter is his name recognition and strength in a general election. With Ridge out of the race, the risk to Democrats of a potential Joe Sestak candidacy is greatly diminished."

Steve Benen 1:15 PM Permalink | Trackbacks | Comments (10)

Bookmark and Share

THERE'S THAT PHRASE AGAIN.... With last month's "Tea Parties" having come and gone, there's been a noticeable decline in the number of silly conservative arguments about taxes. Rep. Mary Fallin (R-Okla.), a 2010 gubernatorial hopeful, tries to get the ball rolling again with a very creative op-ed. (via Eric Zimmermann)

Tens of thousands of Americans attended community tea parties in mid-April to express their concerns about runaway federal spending. I was privileged to speak at one of these gatherings in Norman, and I was heartened by the growing awareness Americans have of the wrong turn this administration has taken.

Some critics of the tea parties claimed that, unlike the original Boston Tea Party, we no longer have taxation without representation. Sadly, the spending going on in Washington isn't being applied against today's taxes. It will burden future generations with massive deficits that won't be paid off for generations.

These taxpayers, our grandchildren and great-grandchildren, haven't been born yet. So they are not being represented today. That's taxation without representation of the worst kind.

If I'm reading this right, Rep. Fallin believes budget deficits are bad and might someday lead to tax increases. Those potential tax increases would be imposed on people in the future, some of whom haven't been born. Since these future people haven't voted yet, they're not literally represented.

So, Fallin believes hypothetical tax increases imposed on hypothetical people necessarily amounts to "taxation without representation." Indeed, it's the "worst kind" of "taxation without representation."

It's hard to know where to start with this kind of argument. If Fallin is right, any and all deficits, no matter the circumstances, are "taxation without representation," since budget deficits might someday lead to tax increases. That would apply to FDR's deficits during WWII, Reagan's deficits during his Cold War defense build-up, etc.

More to the point, the revolutionary Americans of the 18th century -- the ones who really had concerns about "taxation without representation" -- borrowed money extensively to launch a war against the British.

If the early Americans who came up with the phrase didn't believe hypothetical tax increases imposed on hypothetical people amounted to "taxation without representation," then maybe far-right lawmakers like Fallin should come up with some new talking points.

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

THURSDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* The Progressive Change Campaign Committee launched an online straw poll yesterday to gauge support for a Joe Sestak primary campaign against Arlen Specter.

* John McCain has personally urged Tom Ridge to run in Pennsylvania against Pat Toomey.

* The National Republican Congressional Committee has launched a new attack ad campaign against Blue Dog Democrats who supported the economic recovery package in February.

* Alaska Gov. Sarah Palin has seen her favorability ratings drop in her home state from 86% a year ago to 54% now.

* Rep. Kendrick Meek's (D) Senate campaign in Florida continues to generate some momentum, as evidenced by DSCC Chairman Bob Menendez's shout-out this morning on MSNBC.

* Porn star Stormy Daniels is apparently serious about running for the U.S. Senate in Louisiana, and campaigned last night in downtown Baton Rouge. Daniels, on a self-described "listening tour," is a Louisiana native, but needs to re-establish her residency after moving to Florida seven years ago. Asked about her likely opponent, Republican David Vitter, Daniels replied, "I think it's about time David Vitter started answering David Vitter questions."

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (15)

Bookmark and Share

THE RELIGIOUS RIGHT TAKES NOTICE.... When the National Council for a New America, the Republican rebranding initiative, unveiled a list of broad policy priorities last week, it left out cultural and social issues altogether. Nothing about abortion, gays, state-sponsored religion, etc. It suggested a subtle realization -- the GOP won't get back on track fighting the losing side of a culture war.

The party's religious-right base, however, isn't pleased about the prospect of being left behind by their political party. After all, conservative evangelicals are often the foot-soldiers for Republicans, and they're not about to compromise on the only issues they truly care about.

Yesterday, the Family Research Council, arguably the religious right movement's most powerful and politically relevant organization, blasted their Republican allies for considering a vision for the future that is "devoid" of "values."

The [NCNA's] priorities, which were unveiled at a pizza parlor press conference, include the economy, health care, education, energy, and national security. Notice anything conspicuously absent? Former Gov. Jeb Bush explained the values void by saying it was time for the GOP to give up its "nostalgia" for Reagan-era ideas and look forward to new "relevant" ideas. (Yes, because that worked so well for Republicans in 2006 and 2008!) Bush ignored the fact that abandoning the array of principles that Reagan espoused is exactly what got the GOP into this mess. [...]

Too many Republicans leaders are running scared on the claims of the Left and the media that social conservatism is a dead-end for the GOP. If that were the case, why are pro-family leaders like Mike Huckabee creating such excitement in the conservative base? The Republican establishment doesn't draw a crowd. Governor Sarah Palin does. Also, take a look at the recent Pew Research poll, which showed overall support for abortion in America has dropped eight percentage points in the last year and support for it among moderate and liberal Republicans has dropped a whopping 24%. Based on that, how can the GOP suggest that life is a losing issue? If there were a road sign for the GOP on this new journey, it would read: Welcome to the wilderness. You're going to be there for awhile.

I can only assume this kind of talk will become louder and more prevalent, because the religious right no doubt realizes they're losing clout. The NCNA ignored culture/social issues, as did the "Resurgent Republic" project and most of the "Tea Party" rhetoric. There's no shortage of talk from Republican leaders -- on the Hill, on Fox News, within the RNC -- and practically no one is out there arguing that bashing gays and limiting reproductive rights should be the basis for a GOP comeback.

The more the religious right movement feels ignored, the more it's going to rebel. And the more the movement gets noticed, the more Republican leaders will be put in a bind -- embrace intolerant culture warriors stuck in the past, or distance the party from a large part of its base?

What I suspect will happen is that Boehner, Steele, and others will start quietly telling religious right leaders, "Don't worry, we're still with you. We're not talking about your issues, but this is just p.r."

Except, that won't work for groups like the Family Research Council and their ilk. The whole point of a culture war is to take the religious right's issues to the public and put "the family" up front and center.

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (44)

Bookmark and Share

BOLTON NEVER EXPECTED THE SPANISH INQUISITION.... Spanish Magistrate Baltasar Garzon continues to look into possible charges against the "Bush Six" -- Alberto Gonzales, Jay Bybee, John Yoo, William J. Haynes II, David Addington, and Doug Feith -- for their role in the torture of five Spanish citizens held at Guantanamo Bay.

John Bolton, Bush's former U.S. ambassador to the United Nations and one of the nation's least credible but most recognized neocons, wrote an op-ed for the Washington Post urging President Obama to intervene to protect the former Bush administration officials.

That wouldn't be especially noteworthy, were it not for Bolton's choice of words. (thanks to reader M.J. for the tip)

Behind-the-scenes diplomacy is often the best, and sometimes the only, way to accomplish important policy objectives, and one hopes that such efforts [from Obama administration officials] are underway. But in this case, firm and public statements are necessary to stop the pending Spanish inquisition and to dissuade others from proceeding.

Does Bolton really want to throw around, "Spanish inquisition" in this context? It seems pretty ironic since the actual Spanish Inquisition was when waterboarding was put to extensive use -- the very torture technique that's proven to be so problematic for the Bush Six.

Bolton added, "I believe strongly that criminalizing policy disagreements is both inappropriate and destructive." But as should be obvious by now, we're not talking about criminalizing "policy disagreements"; we're talking about criminalizing crime.

The real Spanish Inquisition in the 16th century and the Bush administration in the 21st century embraced the same torture technique. This problem goes well beyond a "policy disagreement."

Steve Benen 10:45 AM Permalink | Trackbacks | Comments (26)

Bookmark and Share

PARTISAN SCRUTINY.... Karl Rove thinks Democratic senators are much meaner than Republican senators when it come to Supreme Court nominees.

Republicans ... generally do not treat Supreme Court nominees as roughly as do Democrats. Consider their treatment of President Bill Clinton's picks for the high court. Ruth Bader Ginsberg [sic] was confirmed by a 96-3 vote in 1993. The following year, Stephen Breyer was confirmed by a vote of 87-9. There were no fireworks at either hearing and nothing close to what Democrats did to Robert Bork and Clarence Thomas.

That's one way of looking at it. The other way is to realize that Ginsburg and Breyer were consensus choices that Orrin Hatch had endorsed before Clinton even nominated them, while Bork was a radical ideologue that even many Republicans were uncomfortable with, and Clarence Thomas was a right-wing jurist who apparently sexually harassed Anita Hill.

Other than the overwhelming differences, though, Rove's comparison is the kind of sharp insight we've come to expect from the Wall Street Journal columnist.

Steve Benen 10:05 AM Permalink | Trackbacks | Comments (20)

Bookmark and Share

IF AT FIRST THE TALKING POINT DOESN'T SUCCEED.... George Will just can't seem to stay away from environmental policy, no matter how much trouble it gets him in.

On Sunday, Will argued on ABC's "This Week" that Toyota's Prius is only affordable because the company "sells it at a loss, and it can afford to sell it at a loss because it is selling twice as many gas-guzzling pickup trucks of the sort our president detests."

The conservative pundit liked the observation so much, he repeated it in his Washington Post column today.

[Obama] says: "If the Japanese can design [an] affordable, well-designed hybrid, then, doggone it, the American people should be able to do the same." Yes they can -- if the American manufacturer can do what Toyota does with the Prius: Sell its hybrid without significant, if any, profit and sustain this practice, as Toyota does, by selling about twice as many of the gas-thirsty pickup trucks that the president thinks are destroying the planet.

Will already seems to be backpedaling, at least a little. On Sunday, Toyota sold every Prius at a loss. On Thursday, Toyota sells every Prius "without significant, if any, profit." What constitutes a "significant" per-sale profit? Will doesn't say.

We talked a bit yesterday about Will's latest error, but this item helped explain the facts in additional detail.

By George, Toyota and independent analysts say the Prius is a money maker for Toyota, and it has been since 2001.

As we noted last week, Toyota and Honda, though both struggling in the recession, are making about 300,000 yen (US$3,100) on each hybrid they sell, a number similar to what they are making on gasoline-only cars, according to Japan's Nikkei. The Nikkei adds that "Toyota appears to have earned gross profits of around 100 billion yen (US$1 billion) on its sales of second-generation Prius hybrids last year." And in spite of the recession, pre-orders are rolling in for the third generation, solar-roof-optional, 50-MPG 2010 Prius hybrid.

For years, the research and development costs that Toyota poured into its flagship hybrid car had kept it from earning true profits, something that it sought to quietly play down. While the company still doesn't reveal exact figures, financial analysts have backed up the company's claims.

But as Mike pointed out recently, "since [R&D;] can be spread over many vehicles, over a long period of time, and since it can help automakers future-proof (a lot of hybrid tech will probably be useful in plug-in hybrids and electric cars), it would probably cost more not to make those investments." [...]

Ultimately, the Japanese automakers profits from hybrid cars can't be completely verified. But that doesn't mean they aren't making profits -- and evidence suggests they are, and increasingly so.

Maybe Will should stick to baseball?

Steve Benen 9:25 AM Permalink | Trackbacks | Comments (53)

Bookmark and Share

NATIONAL DAY OF PRAYER.... As "holidays" go, the official National Day of Prayer is difficult to understand. For the faithful, every day is a day of prayer. For a secular government that separates church from state, the idea of a state-sanctioned day in which the public is encouraged to pray is rather odd.

In the early 1950s, when lawmakers were adding "under God" to the Pledge and changing all American money to include the phrase "In God We Trust," Congress created an official annual Prayer Day for the nation. Congress, under pressure from the religious right, changed the law in 1988 to set the National Day of Prayer as the first Thursday in May, which brings us to today.

The good news is, President Obama is choosing to honor the official National Day of Prayer in a very different way than his predecessor.

The National Day of Prayer White House event is history -- for now.

The White House has announced that President Obama will sign a proclamation on the National Day of Prayer, to be held on Thursday, but will not hold any sort of event. This marks a return to the practice of presidents before George W. Bush, who hosted religious leaders for a ceremony in honor of the day.

Conservative Christian leaders who popularized the event are regarding it at a snub, calling it a "boycott." ... During the Bush administration, the first Thursday in May -- the National Day of Prayer, as mandated by Congress -- included a ceremony in the White House East Room with prominent evangelicals. It was headed by Shirley Dobson, wife of Focus on the Family founder James Dobson.

There's no White House ceremony this year.

Good. If Americans want to pray today, they will. If not, that's fine, too. There's no need for the White House to host a special event, organized by evangelical activists, promoting an exclusive and unnecessary "holiday" encouraging worship.

My friends at Americans United for Separation of Church and State noted that Obama is doing the right thing. The Rev. Barry W. Lynn said, "I am pleased that President Obama has made this decision. The president is required by federal law to declare a National Day of Prayer, but there is no requirement that a special event be held at the White House in observance of this event. During the Bush years, the Dobsons and other Religious Right leaders were given special access to the White House. That seems to have come to an end, and I'm glad."

So am I.

Post Script: One prominent religious right activist, Concerned Women for America's Wendy Wright, said, "President Obama may have problems believing in the Christian faith, he should at least honor the traditions and foundation of our country."

First, the president doesn't have a problem "believing in the Christian faith," and these ridiculous attacks only make the religious right appear sleazy. Second, if we're going to honor "the traditions and foundation of our country," I'd remind the religious right that Thomas Jefferson and James Madison specifically opposed government-endorsed prayer days.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (53)

Bookmark and Share

SELECTIVE POPULISM.... More than a few bloggers, including me, have raised questions about the propriety of Sen. Jeff Sessions (R-Ala.) becoming the ranking member of the Senate Judiciary Committee, given his history on race relations. With that in mind, Sen. Lindsey Graham (R-S.C.) shuddered yesterday at the thought of bloggers having political influence.

Sen. Lindsey Graham (R-S.C.) said Republicans would fight back hard if Democrats or liberal groups try to make the Supreme Court confirmation process about Sessions' record, rather than about Obama's nominee to replace Justice David Souter.

"If people try to go down that road, it'll blow up in their face, because Jeff is a good guy," Graham said. "My hope is that our Democratic colleagues -- if you start listening to the bloggers -- if we're going to let the bloggers run the country, then the country's best days are behind us."

The notion that bloggers might try to "run the country" is silly, and the idea that Democratic lawmakers are somehow inclined to take marching orders from the netroots is belied by reality.

But what I found interesting about Graham's comments is the elitism behind them. I don't much care that Lindsey Graham doesn't like bloggers. I do care about the larger pretext behind Graham's thinking -- only certain kinds of people are entitled to get involved in politics.

For example, when regular ol' mainstream Americans take to the streets, waving tea bags because of a 39% top rate, they deserve the respect and the attention of policymakers. When regular ol' mainstream Americans host (and call into) conservative talk-radio shows, their opinions need to be taken seriously.

But when regular ol' mainstream Americans write about politics online, they deserve to be ignored and dismissed. Indeed, if these Americans' concerns are taken seriously, it might ruin the country.

It's nice of Graham to explain this to us.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (39)

Bookmark and Share
By: Hilzoy

Dueling Videos

The Senate Republicans have put up an unusually boneheaded video about the idea of holding Guantanamo detainees in the US:

Something about 9/11 seems to have produced a kind of amnesia among some people on the right. It's as though they think that we have never before had to figure out such questions as: how can we hold dangerous people in detention safely? When someone has served his time and we think he might go on to do something bad, how might we monitor him to ensure that he doesn't? Suppose we have captured someone who might be guilty of a violent crime, but we do not have enough evidence to charge him: what should we do?

These are not problems that we confronted for the first time after 9/11. They have been with us from the founding of our country. We somehow managed to face down the world's most powerful empire, survive a brutal civil war, defeat Hitler, and live for about forty years with an immense arsenal of thermonuclear weapons pointed at our cities, and do all that without giving up on the rule of law. But let nineteen guys with boxcutters fly planes into our buildings and, apparently, we face a Brand New Existential Threat that causes our entire legal history to fly out of our collective heads.

To explain this point, and to prove that I too can make a movie with Carl Orff's 'O Fortuna' as the soundtrack, I present my own YouTube. (It's the first time I've ever made a movie. Be gentle.)

If we can't have dangerous people living among us, then we are going to have a whole lot of extra prisons sitting around empty.

Just saying.

Hilzoy 12:37 AM Permalink | Trackbacks | Comments (40)

Bookmark and Share
 
May 6, 2009

WEDNESDAY'S MINI-REPORT.... Today's edition of quick hits:

* President Obama continues to press Pakistan and Afghanistan on their response to the Taliban. Secretary of State Hillary Rodham Clinton said the discussions have produced "some very promising early signs."

* On a related note, Clinton expressed her deep regret today for civilian casualties caused by U.S. airstrikes in Afghanistan. (The right will start whining about U.S. "apologies" in 3 ... 2 ... 1 ...)

* At least 11 Iraqis were killed today when a car bomb exploded at a popular south Baghdad produce market.

* Bank of America needs another $34 billion in capital. This, for reasons that I don't understand, is not horrible news for the company.

* The White House is getting a little tired of Sen. David Vitter (R-La.) refusing to let the Senate vote on the president's FEMA nominee.

* The Boston Globe lives to publish another day.

* Arlen Specter has lost his Senate seniority, but if things turn out well for him, he might get it back in 2011.

* Justice Ruth Bader Ginsburg makes the extremely persuasive case for more gender diversity on the Supreme Court.

* Rush Limbaugh wants to see Colin Powell leave the Republican Party.

* The latest national CNN poll shows a majority of Americans do not want to see Bush administration officials investigated over torture policies.

* It was all off the record, but I'm glad Obama recently had dinner with Paul Krugman and Joseph Stiglitz, both of whom believe the president's economic policies have been inadequate.

* Someday, I'd love to hear the editors of the LA Times justify paying Andrew Malcolm.

* Rep. Michele Bachmann (R-Minn.) continues to have a way with words.

* Birthers are not only at odds with reality, they're at odds with each other.

* Remember that crazy Washington Times editorial, insisting that Obama's approval ratings are awful? The paper retracted the piece today. Good move.

* And finally, the right's attacks against the president have become so reflexive, yesterday some conservatives blasted Obama for his choice of condiments on a hamburger.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (34)

Bookmark and Share

OVERREACH.... A friend of mine forwarded a crazy email he received today from the American Family Association, one of the religious right movement's nuttier organizations, urging its membership to call Capitol Hill about the pending hate-crimes legislation. According to the email, AFA Chairman Donald E. Wildmon believes urgent action is needed because the Senate is "poised to give special protection status to pedophiles."

My friend and I joked about why these far-right groups always seem to overreach. After all, what kind of sane person is going to seriously believe that Congress would give "special protection status to pedophiles"? Why not go with an argument that's at least vaguely believable?

Of course, the AFA is just some bizarre religious right outfit. It's so much more offensive when a major cable network repeats the same nonsense.

Discussing the Local Law Enforcement Hate Crimes Prevention Act, which defines as a crime acts of violence or attempted violence "motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim," Fox News hosts Sean Hannity and Bill Hemmer, and The Fox Nation, have all recently advanced the false claim that House Democrats voted to "protect" or "defend" pedophiles by voting against an amendment to the bill by Rep. Steve King (R-IA) stating that "the term 'sexual orientation' shall not include pedophilia."

In fact, as Rep. Tammy Baldwin (D-WI) noted during an April 23 House Judiciary Committee hearing, the term "sexual orientation" is already defined by federal statute as applying only to "consensual homosexuality or heterosexuality," thereby excluding pedophiles, who engage in nonconsensual sexual relationships with children. In providing her reasons for opposing King's amendment, Baldwin said that it "is unnecessary and, I would add, inflammatory in terms of insinuations." [...]

Hemmer teased the segment by saying Democrats had reportedly "voted to give special protection to pedophiles." Also, a May 6 headline on The Fox Nation -- Fox News' purportedly bias-free website -- read: "House Democrats Defend Pedophiles Over Veterans."

There are legitimate concerns about the hate-crimes legislation, and some of the arguments are more persuasive than others. But once the right starts throwing around the "soft on pedophiles" garbage, it's safe to assume the credible arguments just aren't working.

As for the fact that Fox News' coverage of a legislative debate is mirroring that of a strange religious right group, I'm starting to get the impression that Fox News isn't a serious news outlet interested in informing the public.

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (27)

Bookmark and Share

TRANSPARENT BIGOTRY.... Following up on an earlier item, at least one high-profile Republican senator announced he doesn't want to see President Obama nominate a gay American for the Supreme Court.

[C]onservative leaders have warned the nomination of a gay or lesbian justice could complicate Obama's effort to confirm a replacement for Souter, and another Republican senator on Wednesday warned a gay nominee would be too polarizing.

"I know the administration is being pushed, but I think it would be a bridge too far right now," said GOP Chief Deputy Whip John Thune. "It seems to me this first pick is going to be a kind of important one, and my hope is that he'll play it a little more down the middle. A lot of people would react very negatively."

I don't expect much from Thune, but I have to wonder if he realizes how incredibly ridiculous this is.

As he put it, the nominee has to be straight, otherwise the would-be justice "would be a bridge too far right now." Honestly, what the hell does that mean? Thune, as a practical matter, is establishing a litmus test -- qualifications and merit are important, but homosexuality, regardless of any other factor, is more important. Why? Because Thune says so.

Indeed, the president, Thune says, should "play it a little more down the middle." What if the nominee is both gay and well within the judicial mainstream? Why would any thinking person assume that a gay nominee is necessarily someone on the ideological fringe?

Sen. Jeff Sessions (Ala.), the ranking Republican on the Senate Judiciary Committee, to his credit, told reporters today, "I'm not inclined to think [being gay is] an automatic disqualification."

Good lord, Jeff Sessions is starting to look moderate compared to some of his GOP colleagues.

Steve Benen 4:00 PM Permalink | Trackbacks | Comments (62)

Bookmark and Share

THE CHAIRMAN HAS NO CLOTHES.... Last week, Republican National Committee members launched a move to strip Chairman Michael Steele of his authority to spend party money on his own. A Steele ally denounced this as an "unprecedented" effort to "embarrass and neuter the chairman of the RNC."

Yesterday, Steele's intra-party foes succeeded in taking some of his power away.

Capitulating to critics on the Republican National Committee, embattled Republican Party Chairman Michael S. Steele has signed a secret pact agreeing to controls and restraints on how he spends hundreds of millions of dollars in party funds and contracts, The Washington Times has learned.

The "good governance" agreement revives checks and balances Mr. Steele resisted implementing for RNC contracts, fees for legal work and other expenditures that were not renewed after the 2008 presidential nominating contest.... It represents the first time in memory that rebel members of the Republican Party's national governing body have successfully taken on the party's historically powerful national chairman and his loyalists.

Making matters worse for Steele, Jay Banning, who Steele recently fired, will be brought back to help keep an eye on RNC spending. That might be a little awkward.

Keep an eye on what the anti-Steele contingent might try next. They don't like Steele, and clearly don't trust him, and just learned that they can win fairly easily when they challenge his leadership. They have no incentive to stop seeking additional checks on him, especially since Steele seems to need the party more than the party needs him.

Steve Benen 3:30 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

A DIFFERENT KIND OF BREAKTHROUGH ON THE COURT.... There have been 110 Supreme Court justices. Of that total, zero have been openly gay. Marc Ambinder notes today that this may change fairly soon.

Two of the most qualified center-left jurists in the country are gay, and they've got friends in high places.

Channeling our inner Joy Behars: "Who cares?"

Sexual orientation won't matter to President Obama -- this I do believe, based on several years of reporting on the guy. Unless he's influenced by subconscious patter, he's not going to choose someone because she's gay, and he's not going to remove someone from a list because she's gay.

That does not mean, in any way, that he won't want to think through the ramifications of what the appointment of the first openly gay jurists would entail.

This is not just idle speculation. Kathleen Sullivan, a First Amendment scholar and former dean of Stanford Law School, frequently appears on lists of possible high court nominees, as does Stanford's Pam Karlan, and both are lesbians.

Ambinder, speculating about the possibility, argues, "Journalists will cover the issue reductively, interest groups on all sides won't be able to resist; opponents may well use her sexuality as a weapon against her, and proponents will see every attack against her as motivated by antipathy to homosexuality." Perhaps.

But I hope White House officials remain open to the possibility anyway. At a minimum, I'd like to see conservative activists try to rationalize their intolerance. I expect we'd hear a lot of, "I don't hate gay people, but...."

Steve Benen 2:50 PM Permalink | Trackbacks | Comments (30)

Bookmark and Share

POLLING SECESSION.... The latest Research 2000 poll for Daily Kos asks respondents, "Do you think the state that you live in would be better off as an independent nation or as part of the United States of America?" About four out of five Americans prefer to keep the union together. But there were some political and regional differences.

Self-identified Democrats, for example, feel pretty strongly about staying in the U.S., with 91% rejecting the idea of their state becoming an independent country. Among Independents, it was 80%. Among Republicans, the number drops to 62%, with 12% preferring to leave the U.S., and 26% of Republicans unsure.

It's funny what three months of a Democratic president will do to one's sense of patriotism.

But I was even more intrigued by the regional differences. I even made a chart, using the poll results.

regionchart

In the Northeast, there's near unanimity about staying in the United States. The numbers are nearly as strong in the West and Midwest. But in the South, only 61% expressed support for keeping the union together, 9% believe their state would be better off as an independent nation (the other regions were below 5%), and 30% aren't sure.

The same poll also asked, "Would you approve or disapprove of the state that you live in leaving the United States?" The trend was similar. In the Northeast, there was strong support for staying in the country (94% to 1%), as was the case in the West (87% to 3%) and Midwest (89% to 4%). In the South, the numbers were comparably much closer (63% to 8%).

The poll comes just as the Oklahoma legislature is set to vote on a resolution affirming its sovereignty. Gov. Brad Henry (D) vetoed the measure, but lawmakers are poised to override.

Steve Benen 2:05 PM Permalink | Trackbacks | Comments (34)

Bookmark and Share

MAYBE LISTENING IS OVERRATED.... GOP leaders, over the weekend:

"What we're trying to do here today is kick off a series of town hall forums so that we can get back to listening to the people," Cantor told CNN on Sunday morning as he kicked off the rebranding effort.

"Listening to people can make a difference," declared Mitt Romney while sitting on stage with Cantor during the first event. "That's what we're talking about here, we're listening to people."

Fellow GOP luminary Jeb Bush sounded like an echo: "I'm actually optimistic [about the future], if we have the humility to start listening and learning..."

Rush Limbaugh, Monday:

"We do not need a listening tour; we need a teaching tour. That is what the Republican Party, or, slash, the conservative movement needs to focus on. Listening tour ain't it."

Eric Cantor, this morning:

"You know, Joe, really, this -- this is not a listening tour.... What the National Council for a New America is, is an opportunity for us to go out across this country to talk about our conservative principles...."

Just so we're clear, less than a week after unveiling their new latest initiative, Republican leaders are rebranding the rebranding, at least in part because a radio talk-show host didn't approve.

Impressive.

Steve Benen 1:35 PM Permalink | Trackbacks | Comments (56)

Bookmark and Share

AND THEN THERE WERE FIVE.... Both chambers of the state legislature Maine passed a bill allowing gay marriage, but it was unclear whether the state's Democratic governor, John Baldacci, would sign the measure into law. Baldacci was on record opposing gay marriage, but did he feel strongly enough to veto a bill endorsed by the state's democratically elected lawmakers?

Fortunately, no. The bill became law this morning.

Gov. John Baldacci on Wednesday signed a gay marriage bill passed just hours before by the Maine Legislature.

Baldacci made his announcement within an hour of the Maine Senate giving its final approval to LD 1020. The Senate voted 21-13 in favor of the measure after a short debate.

"In the past, I opposed gay marriage while supporting the idea of civil unions," Governor Baldacci said in a written statement. "I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage."

The House of Representatives gave its approval on a 89-57 vote Tuesday.

Maine is now the fifth state to approve marriage equality. Connecticut, Massachusetts, and Iowa did so through the courts, and Maine joins Vermont as the two states to approve gay marriage through the legislative process.

Four of New England's six states now allow gay marriage, which suggests to me that New Hampshire and Rhode Island really need to get on the ball.

As the right continues to lose these fights, the defeats in Vermont and Maine have to be especially difficult. Conservatives had argued that marriage equality lacked legal legitimacy because it was being "forced" through the courts. That argument disappears when state lawmakers choose to pass these laws, not because of an order from a judge, but because they realize it's the right thing to do.

The debate has shifted -- politically, legally, culturally, morally. The number of Americans who would deny the right to marry to consenting adults is shrinking -- quickly. Social norms relating to respect and equality for all are experiencing a sea change, and the old way simply isn't coming back.

It's a development Americans can be proud of. Kudos, Maine.

Steve Benen 1:00 PM Permalink | Trackbacks | Comments (39)

Bookmark and Share

WHAT TO SAY, WHAT NOT TO SAY.... Over the weekend, at the first event hosted by the National Council for a New America, Eric Cantor, Jeb Bush, and Mitt Romney were asked about what Republicans would do to reform the health care system. Cantor answered by criticizing England and Canada.

This morning, Cantor appeared on MSNBC and was asked, "[W]ithout the pretty language, without the big words, can you tell me: what's your health plan, what's it going to cost, how are you going to get it done, how can you work with the Democrats ... in coming up with a health plan that works for everyone?" Cantor couldn't answer this either.

So, it looks like GOP leaders still need a little help coming up with a policy they support. According to the Politico's Mike Allen, however, Republicans have a very clear framework on a policy they hate.

[Frank Luntz, a Republican pollster/consultant,] says Republicans should warn against a "Washington takeover" of health care, and insist that patients would have to "stand in line" with "Washington bureaucrats in charge of healthcare." [...]

Adding a personalized patina to familiar conservative arguments, Luntz also urges Republicans to say that "One-size-does-NOT-fit-all."

And he suggests they steer constituents toward keep the "current arrangement by asking at "every healthcare town hall forum": "Would you rather ... 'Pay the costs you pay today for the quality of care you currently receive,' OR 'Pay less for your care, but potentially have to wait weeks for tests and months for treatments you need.'"

Luntz's memo apparently goes on to urge Republicans to tell the public the Democratic plan "could lead to the government setting standards of care," "puts the Washington bureaucrats in charge," and "could lead to the government rationing care, making people stand in line and denying treatment like they do in other countries with national healthcare."

There are, not surprisingly, a few problems with this. First, it's deceptive propaganda. Second, we already have rationing and people standing in line for care under the status quo. Third, Mike Allen reported all of this without so much as a hint of analysis about whether Luntz's arguments had any merit.

And finally, as Greg Sargent noted, it's also terribly familiar: "[I]f Luntz and House GOPers were hoping this new linguistic strategy would help the party recast itself as ready for today's challenges -- and not trapped in the past, as Dems have sought to portray them -- they have a bit of a problem. That's because the language echoes, to a striking degree, the same language that was used in the infamous 'Harry and Louise' ads to defeat health care reform back in 1993 -- 16 years ago."

How bad has it gotten? This morning, Joe Scarborough said, "It seems to me the Republican Party has to do one of two things: either they come up with an alternative or they stay off the stage.... Talking in generalities is not going to do it. They're going to have to come up with a plan of their own."

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (40)

Bookmark and Share

WEDNESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* At least for now, Arlen Specter enjoys a huge lead over potential primary challenger Joe Sestak. A Public Opinion Strategies shows the incumbent ahead, 57% to 20%, thanks at least in part to Specter's name recognition advantage.

* With just one month to go before the Democratic gubernatorial primary, Terry McAuliffe appears to be pulling ahead. Public Policy Polling shows the former DNC chairman out in front with 30%, followed by Brian Moran at 20%, and Creigh Deeds at 14%.

* Concerned about the incumbent's chances in November, allies of New Jersey Gov. Jon Corzine (D) are beginning to direct their attention to the state's Republican primary.

* A new Quinnipiac poll in Ohio shows a wide-open Senate race, though Dems appear to have the early edge. Lt. Gov. Lee Fisher and Secretary of State Jennifer Brunner, both Democrats, lead Republican Rob Portman in hypothetical general-election match-ups, though polls are expected to tighten as Portman becomes better known statewide.

* In related news, the same Quinnipiac poll shows Ohio Gov. Ted Strickland (D) leading his top Republican challenger, former Rep. John Kasich, 51% to 32%.

* Nate Silver's recent piece comparing Joe Sestak and Arlen Specter is, according to Brendan Nyhan's analysis, flawed.

* All of a sudden, quite a few Minnesota Democrats are anxious to take on Rep. Michele Bachmann (R) next year.

* Presumably in preparation for the 2012 presidential campaign, former John McCain aide John Weaver has signed on to advise Utah Gov. Jon Huntsman (R).

* The DNC is playing "Survivor" with Republican leaders, riffing off Olympia Snowe's recent comments, in a new web ad.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (5)

Bookmark and Share

BRITAIN BANNING EXTREMISTS.... I can vaguely understand why these measures might be tempting, but it's developments like these that remind me why U.S. civil liberties are worth appreciating.

The British government on Tuesday named 16 people who have been banned from entering Britain for "fostering extremism or hatred," including Muslim extremists, a former Ku Klux Klan grand wizard, a U.S. radio talk show host and a Kansas preacher.

Home Secretary Jacqui Smith, who is responsible for domestic security, said she decided to make the names public to show the kind of behavior that Britain is "not willing to have in this country."

The list includes six Americans. Perhaps the most prominent is Michael Savage, a nationally syndicated conservative radio host who has made controversial remarks about immigrants and Muslims, such as urging Americans to "burn the Mexican flag on your street corner" and saying that "when I see a woman walking around with a burqa, I see a Nazi."

Among the other Americans on the list are former Klan leader Stephen Donald Black and Fred Phelps, the radical anti-gay preacher best known for picketing funerals.

"Coming to the U.K. is a privilege and I refuse to extend that privilege to individuals who abuse our standards and values to undermine our way of life," Home Secretary Jacqui Smith said in a statement. "Therefore, I will not hesitate to name and shame those who foster extremist views as I want them to know that they are not welcome here."

At first blush, this is understandable. These extremists are truly loathsome, spewing ugly and ridiculous ideas, based on a twisted and deranged worldview.

But I'm still not at all comfortable with these kinds of bans. It's not about defending right-wing lunatics; it's about the basics of civil liberties in a modern democracy.

It's not all right for a government to target individuals based on their public comments and ideology. As Oliver Willis noted, "If you ban certain types of speech, as the UK, Canada, and Germany do in one form or another, all it does is lend strength to the hatemongers. It tells them and their supporters that their speech is so powerful the government has to specifically restrict it."

I don't want to see clowns like Savage censored, I want to see the sun work as a disinfectant, exposing him as a nut. I much prefer a free society that rejects or rewards speech based on its merit.

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (80)

Bookmark and Share

PRESIDENTS AND PRESS PROTOCOL.... It seems quite a few conservatives are unhappy about a video that's making the rounds, showing the White House press corps failing to stand up when George W. Bush walked in the briefing room, and standing last week when Barack Obama entered the same room. The clip is evidence, they say, of the press showing more respect and deference for the current president than his predecessor.

As controversies go, this is pretty silly. For those of us who've watched a lot of White House press conferences over the years, it's easy to remember plenty of instances in which the press corps stood for Bush -- in the East Room, at the Rose Garden, etc. -- as he approached the podium. (If you're skeptical, go back and look at the transcripts of Bush's press conferences, and notice all the times he started, "Please be seated.") This is just the norm.

But why, then, does this video show the two presidents receiving different treatment. John Dickerson explained that it's the room that matters.

There are different rules for the briefing room, though, which is the place both events on the video took place. It's more informal.... It's not that there is a no-standing policy, exactly, but more that the question is unresolved. The press didn't stand for Bush in February but did when the president visited the briefing room for the last time. When he held press conferences in the Eisenhower Old Executive Office Building, the press did stand. [...]

One reason reporters stay in their seats in the briefing room is that the space there is very tight. The cameramen and still photographers are in the back of the room and can't get a clean shot of his few brief steps if the press is standing. (Listen to the cameras click wildly when Bush walks in.) The president is powerful and all, but it's never wise to thwart the cameramen and still photographers. [...]

Why, then, didn't the members of the press stay in their seats when Obama walked in last Friday? Unlike the Bush planned press conference in February, Obama's visit was a complete surprise (you hear fewer clicks because not every photographer is there), which meant the natural instinct to stand when a president enters the room may have kicked in as it did with Bush's last visit.

There's no real controversy here. Obama surprised the press corps when he entered the room for the first time last week, and it's likely some of the newer members, caught off guard and unaware of the customs of the room, stood reflexively, prompting their colleagues to follow.

Those looking for evidence of bias will have to look elsewhere.

Steve Benen 10:45 AM Permalink | Trackbacks | Comments (24)

Bookmark and Share

THAT'S RICH.... The Politico has a fairly long piece today on whether President Obama will be able to keep the "well-to-do friends" who supported his campaign last year. The president, the argument goes, might alienate the wealthy with economic proposals geared towards leveling the economic playing field.

One striking, if little-noted, trend of the past presidential election was that Obama won the affluent vote -- those making more than $200,000 annually -- with 52 percent. Moving down the income scale a bit, he and John McCain essentially tied among those making between $100,000 and $200,000.

In 2008, exit polls showed the percentage of voters earning more than $100,000 had jumped to a historic high of 26 percent, compared with just 9 percent in 1996. Obama's strong showing among this bloc reversed a decades-old pattern in which the more money someone made, the more likely he or she was to vote Republican.

But these voters are not being repaid for their support -- more like the other way around.

Mark Penn posed a series of questions, telling the Politico, "If Obama comes down more heavily on them, how will they react? Will their support fade?"

All of this strikes me as overwrought. What is the president accused of doing to the wealthiest Americans? Most notably, he plans to raise their taxes back to pre-Bush levels, and exclude them from policies geared towards the middle class.

If this were some kind of new, post-inauguration proposal, I could see why it might be slightly more controversial. But the point of the article seems to be that wealthy voters may reject the same Obama plans he outlined during the campaign.

In other words, the same people who voted for Obama and his platform might be disappointed if he keeps his promises and does what he said he'd do.

Seems like a stretch.

Steve Benen 10:00 AM Permalink | Trackbacks | Comments (36)

Bookmark and Share

GEORGE WILL KEEPS DIGGING.... Given George Will's errors on the environment lately, it's tempting to think he'd avoid the subject altogether. No such luck.

Over the weekend, ABC's "This Week" briefly covered the president's latest White House press conference. The show featured a clip from Obama in which he said, "I know that if the Japanese can design an affordable, well-designed hybrid, then doggone it, the American people should be able to do the same. So my job is to ask the auto industry, 'Why is it you guys can't do this?'"

George Will was unimpressed.

"I assume the president is talking about the Prius. It's affordable because Toyota sells it at a loss, and it can afford to sell it at a loss because it is selling twice as many gas-guzzling pickup trucks of the sort our president detests. So as an auto executive, he's off to a rocky start."

Actually, the only thing "rocky" here is the quality of Will's analysis.

In reality, Toyota used to sell hybrids at a loss -- in 1997. The industry and consumer trends have changed considerably over the last 12 years, and Toyota started making a profit on each Prius sold way back in 2001.

Indeed, reader R.H. directed me to this item, which noted, "[T]he Nikkei newspaper in Japan estimated just last week that both Honda and Toyota make over $3,000 of profit on each hybrid sold."

Will isn't having a good year.

Steve Benen 9:10 AM Permalink | Trackbacks | Comments (54)

Bookmark and Share

BLINDING PENCE WITH SCIENCE.... On one side, we have President Obama, who seems to care so much about scientific integrity that some have begun calling him "almost strident" on the issue. On the other, we have leading congressional Republicans such as Rep. Mike Pence (R-Ind.), the third highest-ranking GOP lawmaker in the House.

MSNBC's Chris Matthews spoke with Pence yesterday, and started with a straightforward question: "Do you believe in evolution, sir?" Pence replied, "Uh, I, do I believe in evolution? Ah, I, I, uh, I embrace the, uh, the, uh, the view, ah, that God created the heavens and the earth, the seas and all that's in them."

I'll put him down for a "maybe."

Pence went on to repeat already discredited talking points on cap-and-trade policy; falsely argued that "the science is very mixed on the subject of global warming"; and said public school science classes should cover "all these controversial areas" regarding the origins of life on Earth.

Matthews, incredulous, asked, "Did you take biology in school? If your party wants to be credible on science, you gotta accept science.... I don't think your party is passionately committed to science, or fighting global warming, or dealing with the scientific facts we live with."

This is plainly true, and one of the core reasons why policy discussions with congressional Republicans go so poorly. For lawmakers like Pence, facts, evidence, and reason are obstacles to be avoided. It makes debate in good faith next to impossible.

In the broader context, I'm also reminded of something Matt Yglesias wrote earlier this year: "The larger issue ... is that Mike Pence is a moron, and any movement that would hold the guy up as a hero is bankrupt.... I would refer you to this post from September about the earth-shattering ignorance and stupidity of Mike Pence.... I can only gather from the fact that his colleagues have elevated him to a leadership post, that a large faction of them are actually so much stupider than Pence that they don't realize how dumb he is. But it's really staggering. In my admittedly brief experience talking to him, his inability to grasp the basic contours of policy question was obvious and overwhelming."

The Republican war on science did not end when Bush left office.

Steve Benen 8:30 AM Permalink | Trackbacks | Comments (42)

Bookmark and Share

TEAM PLAYER.... For Democrats, it was annoying to see Arlen Specter, after leaving the Republican Party, vote against the Democratic budget. Matters worsened when he rejected a Democratic measure to help prevent mortgage foreclosures, announced his opposition to the president's OLC nominee, rejected a key component of the Democratic health care plan, and publicly denied he would be "loyal" to his new party.

And given Specter's comments to the New York Times' Deborah Solomon, it's reasonable to wonder if the Pennsylvania senator even understands what it means to be a member of a political party. It generally involves rooting for members of your team to win elections over members of the other team, a point that seems lost on Specter.

NYT: With your departure from the Republican Party, there are no more Jewish Republicans in the Senate. Do you care about that?

Specter: I sure do. There's still time for the Minnesota courts to do justice and declare Norm Coleman the winner.

In case there's any confusion, Solomon is certain that Specter wasn't kidding.

By late yesterday, Specter had reversed course.

"In the swirl of moving from one caucus to another, I have to get used to my new teammates," he said. "I'm ordinarily pretty correct in what I say. I've made a career of being precise. I conclusively misspoke."

Asked who he's backing now in elections, Specter said, "I'm looking for more Democratic members. Nothing personal."

In other words, a Democratic senator, speaking to the New York Times, simply forgot he was a Democrat and repeated the Republican talking points he'd grown accustomed to. (They weren't even good talking points, since even most GOP leaders concede that Coleman is very likely to lose.)

I don't mean to sound ungenerous; everyone misspeaks from time to time. But in the context of Specter's recent votes, and his opposition to Democratic policies and nominees, arguing publicly that Norm Coleman deserves "justice" is the kind of development that will encourage more than a few Democrats to get contributions ready for Joe Sestak.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (34)

Bookmark and Share
By: Hilzoy

Disbar Them

Steve noted the DOJ report on Yoo, Bybee, and Bradbury earlier; I just wanted to follow up. From the NYT:

"An internal Justice Department inquiry into the conduct of Bush administration lawyers who wrote secret memorandums authorizing brutal interrogations has concluded that the authors committed serious lapses of judgment but should not be criminally prosecuted, according to government officials briefed on a draft of the findings.

The report by the Office of Professional Responsibility, an internal ethics unit within the Justice Department, is also likely to ask that state bar associations consider possible disciplinary action, including reprimands or even disbarment, for some of the lawyers involved in writing the legal opinions, the officials said.

The conclusions of the 220-page draft report are not final and have not yet been approved by Attorney General Eric H. Holder Jr. The officials said it is possible the final report might be subject to revision, but they did not expect major alterations in its main findings or recommendations.

The draft report is described as very detailed, tracing e-mail messages between Justice Department lawyers and officials at the White House and the Central Intelligence Agency. Among the questions it is expected to consider is whether the memos reflected the lawyers' independent judgments of the limits of the federal anti-torture statute or were skewed deliberately to justify what the C.I.A. proposed.

At issue are whether the Justice Department lawyers acted ethically in writing a series of legal opinions from 2002 to 2007. The main targets of criticism are John Yoo, Jay S. Bybee, and Steven G. Bradbury, who as senior officials in the department's Office of Legal Counsel were the principal authors of the memos."

I really, really, really want to see those emails.

I can see not recommending prosecution. I am not a lawyer, so I could be wrong, but as I understand it, in order to convict someone in Yoo or Bybee's position, you'd have to show that they knew that what they were recommending violated the law. If anything could establish that, the emails could; but it's a high bar to meet. As, in general, it should be: while I think that in principle, offering legal counsel might well be part of a criminal conspiracy, I also think that one should have to meet a fairly high burden of proof before bringing charges on that basis.

(Please do not confuse this with some sort of solicitude for Messrs. Yoo, Bybee, and Bradbury. This is the way I think the system ought to work in general. When attorneys advise their clients about what's legal, it's always possible that they get it wrong, and say that something is legal when it's not. I would not want lawyers who made that kind of mistake to be prosecuted for conspiracy. Thus, the high bar. It's not about these particular people, any more than my belief that detainees at Guantanamo should have habeas rights has to do with my thinking that all of them are nice people.)

That said, I think disbarment would absolutely be appropriate. The difficulty with prosecution is establishing intent. When a lawyer makes a stupid legal argument, it's always possible that s/he is not malicious, just a terrible lawyer. When you've narrowed the options to criminal intent or complete ineptitude, you have not got enough to prosecute. You have, however, got enough to disbar someone, since while total ineptitude is not an indictable offense, it is a good reason not to let someone go on practicing law.

If Yoo, Bybee, and Bradbury did not write their memos in order to provide a shield for criminal activity, then I think they had to be completely inept as lawyers. Their job, remember, was to interpret the law for their clients, and to advise them on what was legal and what was not. By getting the law spectacularly wrong, they exposed their clients to serious legal liability, and in so doing completely failed to meet their obligations to their clients. Moreover, they made some fairly stunning mistakes, like failing to cite any of the cases in which the US government had prosecuted people for waterboarding when those cases were plainly relevant.

I am somewhat puzzled by the fact that, if the NYT is right, the report does not recommend sanctions against Bradbury. His memos have many of the same mistakes as Yoo and Bybee's. In addition, as I noted earlier, Bradbury (like Yoo and Bybee) discusses the question whether the techniques he's writing about cause "prolonged mental harm", which is relevant to the question whether they constitute psychological torture under the law. In this discussion, he cites a number of background papers, scholarly publications, etc. But he does not discuss the most obvious source of evidence available to him: namely, the detainees themselves.

His memos, like the others, go on and on (and on) about how often the detainees are examined by doctors and psychologists. Whereas Yoo and Bybee wrote their memos soon after the "enhanced techniques" were first used, Bradbury wrote his nearly three years later. Unlike Yoo and Bybee, therefore, he did not need to extrapolate from sleep deprivation studies carried out in very different circumstances to decide whether sleep deprivation, as practiced by the CIA, caused "prolonged mental harm". He could simply have asked all those doctors and psychologists who were, we are assured, examining the detainees regularly.

And yet, oddly enough, he didn't.

Imagine, by analogy, that you were suing someone for damages resulting from the fact that that person had burned your house down, and you needed to show that you had endured real pain, suffering, and financial hardship as a result. Could it possibly fail to occur to your lawyer that in addition to citing various studies of what arson victims typically suffer, she might take advantage of the fact that she had you available, and ask what financial and emotional hardships you had suffered? If she avoided any mention of you in particular, and acted as though she had to make her case entirely on the basis of scholarly studies of arson victims in general, would it not be logical to suppose that she had some reason for not putting you on the stand?

In this case, as before, I think that there are two options: it did occur to Bradbury that the psychological condition of the detainees was relevant, but he had some reason for not mentioning it, or it did not. In the first case, he is failing to mention something that is on its face crucial to determining whether the practices he is discussing constitute torture under the law. Doing so intentionally would make criminal intent a whole lot more likely. In the second, he is incompetent as a lawyer. In either case, he should be disbarred.

Yoo, Bybee, and Bradbury had a series of professional obligations. They had obligations to their clients: to inform them accurately of what the law required, and to err on the side of caution so as not to expose their clients to liability. They had obligations to the courts: to uphold our system of laws, and to represent those laws faithfully. In addition to those professional obligations, they had obligations to humanity: not to countenance torture. They violated all three, and made a mockery of the ethics of their profession. They deserve to be disbarred.

Hilzoy 2:48 AM Permalink | Trackbacks | Comments (21)

Bookmark and Share
 
May 5, 2009

TUESDAY'S MINI-REPORT.... Today's edition of quick hits:

* AP: "U.S. health officials are no longer recommending that schools close if students come down with swine flu, the government said Tuesday." HHS Secretary Kathleen Sebelius said the virus has, for now, turned out to be milder than feared and the government decided to change its advice.

* That said, a woman in Texas today became the second person to die of H1N1 in the U.S.

* Federal Reserve Chairman Ben Bernanke expressed some qualified optimism today about the eventual end of the recession.

* Pakistani journalist Ahmed Rashid made a very good case today for increased U.S. investment in Pakistan. Senate Foreign Relations Committee chairman John Kerry and ranking Republican Richard Lugar agree.

* The Maine House approved a gay marriage bill today, joining the Maine Senate. If Gov. John Baldacci (D) signs it into law, Maine will join Vermont as the only states to approve marriage equality outside the courts.

* In related news, the D.C. city council voted 12 to 1 today to recognize gay marriages from other states.

* President Obama and Democrats on the House Energy and Commerce Committee agreed today on a "cash for clunkers" provision in the pending energy bill. (It's not quite the Jeffrey Leonard plan, but it's progress.)

* Tony Fabrizio, a prominent Republican pollster, hated John Boehner's new ad, which attempted to scare Americans with an attack on the president's national security policies.

* If Jack Murtha isn't thinking about retirement, he should be.

* Mike Pence really doesn't know what he's talking about.

* We probably won't hear about the president's Supreme Court nominee this week, but in the meantime, Obama has already chatted with Sens. Hatch and Specter about the process.

* AIG rebrands.

* Irrational fears have sent ammo sales soaring.

* And Samuel "Joe the Plumber" Wurzelbacher has had gay friends, but he "wouldn't have them anywhere near" his children. I wonder what his alleged gay friends were thinking hanging out with this guy?

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (28)

Bookmark and Share

REPLACING ONE MODERATE WITH ANOTHER.... Arlen Specter left the Republican Party when Pennsylvania Republicans rejected his relative moderation. Pessimistic about Pat Toomey's chances, GOP leaders have been scrambling, looking for a credible Republican alternative.

It appears the party has rallied behind former Gov. Tom Ridge (R) as their new go-to guy. Ridge, a two-term chief executive and the first DHS Secretary, is probably the only Republican with a realistic shot at winning the statewide race.

There are, however, a couple of problems. First, Ridge lives in Maryland, not Pennsylvania, and as Rick Santorum can attest, Keystone State voters tend to care about whether their candidates live in the same state as they do.

Second, there's the inconvenient fact that Ridge isn't that much more conservative than Specter. If the party's far-right base found Specter intolerable, Ridge, whose pro-choice views were rumored to have kept him off the McCain ticket, may find himself vulnerable to attacks from the right.

They've apparently already started.

The first shots have been fired: National Review's David Freddoso takes a quick look at Ridge's record as a congressman (1983-95), and finds it worrisome on a number of fronts to conservatives:

While in Congress, writes Freddoso, Ridge "voted to expand welfare eligibility (1984), to fund abortions with public money, and in favor of the fairness doctrine (in 1987)."

"Ridge voted against an early school choice program in 1992," Freddoso continues.

Ridge also "voted against an early school choice program in 1992," the article states. "He also voted for a number of union priorities -- in 1988, he voted to re-hire the air traffic controllers who had gone toe-to-toe with President Reagan seven years earlier and lost."

Conservative Matt Lewis, after noting some of Ridge's controversial lobbying work, questions how Pennsylvania primary voters might react when the former governor's record draws closer scrutiny.

... What will happen when Pennsylvania Republicans find out that Ridge voted for the outrageous Fairness Doctrine in 1987 that would force radio stations to "balance" conservative talk show hosts like Rush Limbaugh with liberal hosts?

... What will happen when PA Republicans find out that Ridge went out of his way to oppose President Reagan's Missile Defense efforts, voting against funding for the program numerous times?

... What will happen when voters find out that Ridge voted to send taxpayer dollars to the National Endowment for the Arts to be spent on obscene and indecent work, including child pornography?

It's very early, and there's at least some evidence that Ridge would be heavily favored to beat Toomey in a GOP primary. But given Ridge's occasional moderation, Toomey and other conservative activists are no doubt drawing up plans to make the former governor look like their up-until-recently Republican senator, and they'll have plenty of material to work with.

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (22)

Bookmark and Share

ASHCROFT'S PROMOTIONAL WORK.... Former Attorney General John Ashcroft has an op-ed in the New York Times today, and the teaser on the "Opinion" page of the Times' site started well. The first 10 words read, "The government must hold accountable any individuals who acted illegally..."

Regrettably, Ashcroft was referring to bailed out corporations, not Bush administration officials.

Ashcroft's piece, in a nutshell, argues that there may be instances in which companies that received bailout money also broke the law. To hear the former AG tell it, that creates a predicament for administration officials, who want those companies to succeed for the sake of the larger economy. What to do? Ashcroft recommends "deferred prosecution agreements," authorized by courts, which "avoid the destructiveness of indictments and allow companies to remain in business while operating under the increased scrutiny of federally appointed monitors."

There is, however, a detail that readers of Ashcroft's piece may find relevant: a conflict of interest. Zachary Roth reports:

To argue for the idea, Ashcroft cites the example of a deferred prosecution agreement that DOJ reached in 2007 with nation's five largest manufacturers of prosthetic hips and knees, accused of giving kickbacks to orthopedic surgeons who used their products. In the spirit of disclosure, he notes in parentheses: "I was a paid monitor for one of these companies, Zimmer Holdings."

But those pithy parentheses don't begin to make clear that making such deals more prevalent, as Ashcroft desires, would represent a potential financial boon for the ex-AG, who now runs the Ashcroft Group, a law and lobbying firm -- assuming he intends to remain active in the deferred prosecution agreement business.

Ashcroft is encouraging officials to pursue more deferred prosecution agreements. And who runs a firm that helps specialize in deferred prosecution agreements? Ashcroft does.

It reminds me of the time that Floyd Flake had an NYT op-ed touting the greatness of charter schools, without noting that he works for a company that operates for-profit charter schools in 21 states.

If the biggest problem on the Washington Post's op-ed page is a lack of fact-checking (see Will, George), the biggest problem on the New York Times's op-ed page is a lack of disclosure.

Steve Benen 4:05 PM Permalink | Trackbacks | Comments (10)

Bookmark and Share

BUSHIES SCRAMBLING IN ADVANCE OF OPR REPORT.... Way back in February, Hilzoy had an item on an important internal Justice Department report, which has gone largely overlooked. The department's Office of Professional Responsibility (OPR) has been investigating whether Bush administration attorneys who wrote torture memos gave legal advice "consistent with the professional standards that apply to Department of Justice attorneys." A draft reportedly had less than kind things to say about Jay Bybee, John Yoo, and Steven Bradbury.

Not surprisingly, this sent a ripple of panic out among loyal Bushies. With the OPR report poised to be published, old Bush hands are scrambling.

Former Bush administration officials are launching a behind-the-scenes lobbying campaign to urge Justice Department leaders to soften an ethics report criticizing lawyers who blessed harsh detainee interrogation tactics, according to two sources familiar with the efforts.

In recent days, attorneys for the subjects of the ethics probe have encouraged senior Bush administration appointees to write and phone Justice Department officials, said the sources, who spoke on condition of anonymity because the process is not complete.

A draft report of more than 200 pages, prepared in January before Bush's departure, recommends disciplinary action by state bar associations against two former department attorneys in the Office of Legal Counsel who might have committed misconduct in preparing and signing the so-called torture memos. State bar associations have the power to suspend a lawyer's license to practice or impose other penalties.

It appears, based on the reports, that Bybee and Yoo, both of whom faced deadlines yesterday to respond to OLC questions, do not end up looking good in the report. It remains to be seen whether a) the lobbying efforts to water down the report will have any effect; and b) whether Bybee and Yoo, among others, will face disbarment as a result of the investigation.

Steve Benen 3:15 PM Permalink | Trackbacks | Comments (27)

Bookmark and Share

RECRUITING STRATEGY.... The New York Times reported the other day that National Republican Senatorial Committee Chairman John Cornyn of Texas intends to "recruit candidates who he thought could win in Democratic or swing states, even if it meant supporting candidates who might disagree with his own conservative views."

This sounds sensible. Cornyn saw the DSCC and Chuck Schumer boost their numbers using a similar approach, and apparently realized Republicans could do the same thing, even if it caused grumbling with the party's base. "Some conservatives would rather lose than be seen as compromising on what they regard as inviolable principles," Cornyn added.

It's curious, then, that the NRSC chairman seems to be backpedaling.

Senator John Cornyn, the head of the NRSC, appears to be backing off his earlier vow to field more moderate Senate candidates who have a better shot at winning general election. [...]

Asked if he would back conservative Club for Growth president Pat Toomey or the more moderate Tom Ridge in the 2010 Pennsylvania GOP primary, Cornyn made a few pro forma comments about hoping the strongest candidate would win, but said:

"I don't think it's wise for me to tell Pennsylvania Republicans who their nominee should be, so I'm not going to do that."

Obviously, primary voters are solely responsible for choosing their party's nominee. But Cornyn knows full well that the party recruits candidates for a reason, and then supports those candidates -- with varying degrees of subtlety -- to give the party the best chance of success. That's one of the reasons the parties' campaign committees exist.

Indeed, that's precisely why Cornyn indicated to the NYT that he would deliberately recruit less-conservative candidates to compete in less-conservative states. Why back off of that now?

Perhaps someone explained to him the value of maintaining "inviolable principles"?

Steve Benen 2:55 PM Permalink | Trackbacks | Comments (7)

Bookmark and Share

THE USUAL 'COOKIE CUTTER'.... Digby watches Chris Matthews' broadcasts so we don't have to. In this exchange, the "Hardball" host ponders diversity on the Supreme Court.

Matthews: Will [Obama] go to the usual cookie cutter. He's supposed to pick a Latina, a Hispanic woman, would be a woman. Would he do that just because that's sort of the unfilled void in his patronage plan so far?

Robinson: I don't know. I doubt it.

Matthews: Sonya Sotomayor from New York.

Simon: He wouldn't do it just because, but if you're asking if there was a qualified Latina out there would he ...

Matthews: Well, there is one.

I haven't the foggiest idea what Matthews is talking about. What "patronage plan"? It's one thing to hear rich white guys complain about additional diversity on the high court, but to characterize it as some kind of political-payback scheme is just nutty.

But the "usual cookie cutter" line is even more bizarre. Adam Serwer noted last week, "There have been 110 Justices on the Supreme Court. Of those, two have been women, and two have been black. The other 106 have been white men. That means that around 96 percent of Supreme Court justices have been white men."

I'm reading the transcript, rather than hearing the audio, so perhaps Matthews' inflection hinted that he meant "usual cookie cutter" in some other connotation. It seems more likely, though, that Matthews is just confused and hung up on the idea that the next Supreme Court justice might not look like him.

Steve Benen 2:05 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

DEFINING EXPERTISE DOWN.... CNN has a report today noting that Alaska Gov. Sarah Palin (R) has, after a couple of fits and starts, agreed to join Eric Cantor's National Council for a New America. The report, however, used an interesting phrase more than once.

The governor's decision to join the NCNA's panel of experts was confirmed Monday by spokeswoman Meg Stapleton. [...]

Palin joins Louisiana Gov. Bobby Jindal, Mississippi Gov. Haley Barbour, [John] McCain, [Jeb] Bush and [Mitt] Romney on the NCNA's national panel of experts.

In a press statement, Minority Whip Cantor used the same phrase: "I am pleased to announce that Governor Palin has joined the National Council for a New America's panel of experts." (thanks to V.S. for the tip)

What is it, exactly, that Palin and these Republicans are "experts" in?

This NCNA project is ostensibly a rebranding initiative, helping change the image of the tattered party. Some of these Republican faces are fresher than others -- McCain hardly seems like a wise choice given the task -- but in what way are they a "panel of experts"? (Maybe in the same way they'll get outside-the-Beltway ideas by staying inside the Beltway.)

If this endeavor were about public policy, this panel would be an underwhelming show of force. But as a public-relations project, it's almost comical.

I don't doubt that the Republican Party has some experts in their midst. They're probably not famous, but there are conservatives who care about substance and can probably offer some credible insights about the party's future.

But if the party's heavy hitters are assembling a "panel of experts," and Sarah Palin signs up, it's hard to take the project too seriously.

Steve Benen 1:15 PM Permalink | Trackbacks | Comments (35)

Bookmark and Share

ALL DRESSED UP AND READY TO COMPROMISE.... Karen Tumulty shares an important anecdote about negotiations over health care reform.

When Barack Obama informed congressional Republicans last month that he would support a controversial parliamentary move to protect health-care reform from a filibuster in the Senate, they were furious. That meant the bill could pass with a simple majority of 51 votes, eliminating the need for any GOP support for the bill. Where, they demanded, was the bipartisanship the President had promised? So, right there in the Cabinet Room, the President put a proposal on the table, according to two people who were present. Obama said he was willing to curb malpractice awards, a move long sought by the Republicans and certain to bring strong opposition from the trial lawyers who fund the Democratic Party.

What, he wanted to know, did the Republicans have to offer in return?

Nothing, it turned out. Republicans were unprepared to make any concessions, if they had any to make.

So far, we've seen quite a bit of this when the president and the shrinking congressional minority disagree. President Obama sought a stimulus package, for example, and hoped to win over Republicans with a healthy dose of tax cuts. What did Republicans respond with? Nothing, except a counter-proposal with nothing but huge tax cuts.

The president also wants health care reform. He doesn't want to curb malpractice awards, but he's willing to compromise and make concessions to win over Republicans. What is the GOP willing to compromise on? Not a thing. They want the folks who won the elections and are pushing a popular idea to move closer to them -- in exchange for nothing.

As Matt Yglesias explained, "I think it makes a certain amount of sense for a battered minority party to say to hell with bipartisan compromise, now it's your turn to govern by your ideas and pay the consequences when they fail. But that's not really what's happening here. Instead the minority whines that White House isn't doing enough to compromise, but doesn't actually want any kind of compromises."

Obama drove this point home last week, during the White House press conference.

"[T]o my Republican friends, I want them to realize that me reaching out to them has been genuine. I can't sort of define bipartisanship as simply being willing to accept certain theories of theirs that we tried for eight years and didn't work, and the American people voted to change. But there are a whole host of areas where we can work together.

"And I've said this to people like Mitch McConnell. I said, 'Look, on health care reform, you may not agree with me that I've -- we should have a public plan. That may be philosophically just too much for you to swallow. On the other hand, there are some areas like reducing the cost of medical malpractice insurance where you do agree with me. If I'm taking some of your ideas and giving you credit for good ideas, the fact that you didn't get 100 percent can't be a reason every single time to oppose my position.' And if that is how bipartisanship is defined, a situation in which, basically, wherever there are philosophical differences, I have to simply go along with ideas that have been rejected by the American people in an historic election, you know, we're probably not going to make progress.

"If, on the other hand, the definition is that we're open to each other's ideas, there are going to be some differences, the majority will probably be determinative when it comes to resolving just hard-core differences that we can't resolve but there is a whole host of other areas where we can work together, then I think we can make progress."

If only Republicans wanted to make progress, reaching out to them would make more sense and produce better results.

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (34)

Bookmark and Share

TUESDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* Will Arlen Specter enjoy union support next year if he continues to oppose EFCA? Joe Sestak, who keeps inching closer to the race, doesn't think so.

* On a related note, a top AFL-CIO official was more explicit regarding Specter: no EFCA support, no campaign support.

* Both Howard Dean and James Carville have urged Specter to earn party support by voting with his new party. What a concept.

* Former Florida House Speaker Marco Rubio (R) announced this morning that he's running for the Senate next year, setting up a heated fight against Gov. Charlie Crist (R), who's also likely to run.

* A new poll in New Hampshire offers Republicans hope against Rep. Carol Shea-Porter (D-N.H.) next year. The same poll offered the GOP additional good news, with former Sen. John Sununu leading Rep. Paul Hodes (D-N.H.) in a hypothetical match-up, 46% to 41%.

* Sen. Jim Bunning (R-Ky.) insisted this morning that he is, despite rumors to the contrary, seeking re-election next year.

* And speaking of Kentucky, Rep. Ron Paul's son, Rand, told CNN yesterday he's poised to run for the Senate in the Bluegrass State, too. Rand Paul, an ophthalmologist, said he would seek to raise money for the race by turning to his father's supporters.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (16)

Bookmark and Share

'HE TRIED TO PERSECUTE US'.... By any reasonable measure, congressional Republicans don't need another headache. As a "rebranding" initiative gets underway, the last thing the GOP wants is a flap showing the party to be out of step with the American mainstream.

Elevating Sen. Jeff Sessions (R) of Alabama to be ranking member of the Senate Judiciary Committee, then, is an unusually bad idea.

We talked yesterday about Sessions' nauseating background with regard to race relations. He considers the NAACP "un-American" because it "forced civil rights down the throats of people." He referred to a white attorney as a "disgrace to his race" for litigating voting rights cases on behalf of African Americans. He called an African-American "boy" and warned him to "be careful what you say to white folks." Sessions has spent much of the past decade opposing provisions of the Civil Voting Rights Act, which he considers "intrusive."

But perhaps the single most offensive part of Sessions' background was the trumped up voter-fraud charges he used to prosecute three civil rights workers -- Albert Turner, Turner's wife Evelyn, and Spencer Hogue, Jr. -- after the 1984 elections.

Brian Beutler took a closer look at the case and talked to Hogue about Sessions.

Sessions was unconcerned with claims of fraud outside the so-called Black Belt, but he alleged that the trio had falsified absentee ballots in Perry County during the 1984 election. After conducting an exhaustive investigation, though, he was able to account for only a small handful of questionable examples, and even those he couldn't pin on his defendants, who were acquitted after only a few hours' deliberation.

Albert Turner -- who was an adviser to Martin Luther King, Jr. -- passed away in 2000, and his wife could not be immediately located, but Hogue still lives in Marion, and by phone today he expressed his displeasure with the news that Sessions is, in effect, getting a promotion.

"I don't know why he'd be promoted," Hogue said. "It will give him more power to do things he shouldn't."

"We were trying to get the right to vote," Hogue said. "He tried to persecute us."

Now, Sessions will be the leading Republican on the Senate Judiciary Committee -- which deals with, among other things, civil rights laws.

If this starts to draw attention from political reporters -- the Washington Post reported on Sessions' promotion, and briefly alluded to his scandalous background -- it may prove to be a Trent Lott-like problem for the party.

For more on this, I talked with Rachel Maddow about Sessions' new role on MSNBC last night.

Steve Benen 11:10 AM Permalink | Trackbacks | Comments (34)

Bookmark and Share

THE NEVER-ENDING STORY.... Al Franken spoke to the Minneapolis Star-Tribune the other day, and noted that while the legal process continues to drag out, he tries to keep things in perspective. "As life's challenges go, this is pretty low on the totem pole," Franken said. "Our kids are OK, we're not in danger of losing our home to foreclosure. We're fine."

He conceded, though, that he occasionally finds himself "grumpy." Franken added, "And I'll go, 'Why am I grumpy?' Oh, I know why -- waiting for five and a half months to see what happens! (laughing) That's why."

In light of Arlen Specter's party switch, the likelihood of a much longer wait seems to have gone up. It's going to make a lot of people "grumpy."

Pennsylvania Sen. Arlen Specter's shocking decision last week to become a Democrat has upped the ante in the never-ending Minnesota Senate race, providing a strong incentive for Republicans to hold out until every last appeal is exhausted.

With former Sen. Norm Coleman now standing between Democrats and their 60-seat supermajority, the GOP is prepared to back the Republican's appeal to the federal level if even a shred of doubt emerges in the case currently before the Minnesota Supreme Court.

"This makes it pretty darn important," said Sen. John Cornyn (R-Texas), chairman of the National Republican Senatorial Committee, of the race following Specter's switch. "I expect they will pursue the appeals until they are exhausted, whenever that may be.... I would assume if they were unsuccessful in the Minnesota Supreme Court, there may very well be an appeal to the United States Supreme Court."

Gov. Tim Pawlenty (R-Minn.), perhaps concerned with his own political future, may have been more inclined to sign Franken's election certificate after the state Supreme Court rules against Coleman, but with GOP fears over the number 60, it seems more likely than not that Pawlenty and other Republicans will do whatever they can to drag this process out indefinitely. Cornyn, you'll recall, said not too long ago that he'd like to see the matter remain unresolved for "years."

One thing to keep an eye on is whether Senate Democrats try to seat Franken -- after the state Supreme Court ruling, without the governor's signature. If Harry Reid can keep his caucus together on this, he'd need just one Republican vote to end this farce and fill Minnesota's vacancy.

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (21)

Bookmark and Share

'WHATEVER IT IS'.... Tom Schaller caught Fox News' Neil Cavuto yesterday commenting on the recent upswing on Wall Street. Cavuto told viewers:

"I want you to take a look at this, because if Wall Street's worried about all the crosscurrents in Washington right now, it has a funny way of showing it: the Dow up better than 214 points, 8,426. We are very close to being even on the year, when for a while we down 20 more than percent on the year, the Dow storming back to levels we've not seen since early January.

"So on the year now we are effectively at a wash, a year that had us cascading better than 20 percent, well, well, well into bear territory. Like I said, Wall Street climbed a wall of worry. Whatever it is, it's climbing through this."

Yep, "whatever it is" that's pushing up the major indexes, Cavuto's pleased. If only it weren't a total mystery.

Of course, Fox News wasn't nearly this confused when Wall Street was in a tailspin. At that point, it was irrefutable evidence of the failure of President Obama's economic policies. Several on-air Fox News figures -- as recently as March, less than two months after the president's inauguration -- labeled the steep decline the "Obama bear market."

It's not just Fox News. The Wall Street Journal ran a very foolish editorial in March.

As 2009 opened, three weeks before Barack Obama took office, the Dow Jones Industrial Average closed at 9034 on January 2, its highest level since the autumn panic. Yesterday the Dow fell another 4.24% to 6763, for an overall decline of 25% in two months and to its lowest level since 1997. The dismaying message here is that President Obama's policies have become part of the economy's problem.

Americans have welcomed the Obama era in the same spirit of hope the President campaigned on. But after five weeks in office, it's become clear that Mr. Obama's policies are slowing, if not stopping, what would otherwise be the normal process of economic recovery. [...]

So what has happened in the last two months? The economy has received no great new outside shock.... What is new is the unveiling of Mr. Obama's agenda and his approach to governance.

The WSJ editorial board was hardly subtle. Wall Street declines didn't reflect the economic downturn; they were evidence of Obama's shortcomings.

To be clear, this entire approach is just silly. Using the Dow as some kind of financial approval rating for the president doesn't make any sense, no matter which direction the indexes are headed.

The result, though, is conservative pundits who end up looking pretty foolish, not only for exaggerating the significance of short-term Dow fluctuations, but also for doing so in a nakedly partisan way. When the market goes down, it's proof that Obama is the fool to blame; but when the market goes up, conservatives can't even begin to know who or what deserves credit? Please.

Steve Benen 10:05 AM Permalink | Trackbacks | Comments (15)

Bookmark and Share

APOLOGIES AND ARROGANCE.... Defense Secretary Robert Gates spoke with Fareed Zakaria over the weekend on CNN, and the Newsweek editor asked Gates to respond to one of the right's favorite talking points: "President Obama -- you've heard a lot of Republican criticism that he's going around the world apologizing about America. Do you accept that?"

I found Gates' response pretty compelling.

"Well, I like to remind people that, when President George W. Bush came into office, he talked about a more humble America. And, you know, you go back to Theodore Roosevelt and his line about speaking softly, but carrying a big stick.

"I think that acknowledging that we have made mistakes is not only factually accurate, I think that it is unusual, because so few other governments in the world are willing to admit that, although they make them all the time. And some of them make catastrophic mistakes.

"And in speeches myself, I have said that at times we have acted too arrogantly. And I didn't feel that I was being apologetic for America, I just was saying, because the next -- I was just saying that that's the way we are in terms of being willing to recognize our own limitations, and when we make a mistake to correct it.

"Because I think the next line that I always use is, no other country in the world is so self-critical, and is so willing to change course when we feel that we've strayed from our values, or when we feel like we've been too arrogant.

"So, I think -- I have not seen it as an apology tour at all, but rather a change of tone, a more humble America. But everybody knows we still have the big stick."

Well said.

I can only assume Republicans will now feel compelled to call for Gates' resignation, and Sean Hannity will spend the next several months mocking the Republican Pentagon chief for secretly hating America.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (23)

Bookmark and Share

STUCK IN 1984.... Just yesterday, there a fair amount of discussion about former Florida Gov. Jeb Bush (R) encouraging the Republican Party to give up its "nostalgia" for the heyday of the Reagan era.

There are, not surprisingly, quite a few party leaders who disagree. David Weigel flagged this gem from former Rep. Pat Toomey (R) in Pennsylvania, explaining why he expects to defeat a Democratic Arlen Specter in 2010:

"Reagan carried this state twice. I don't think this state has changed."

That's quite extraordinary, even for Toomey. Weigel added, "Is there any state, or county, or freshwater lake that hasn't changed since November 1984? This is campaign spin that has the unintended effect of making Toomey sound like he doesn't realize the scale of his problem in building an electoral coalition in the new Pennsylvania."

That sounds about right. Either Toomey is just spinning, hoping to convince Republicans to give him the nomination, or he actually believes Pennsylvania's political attitudes haven't changed since Walter Mondale won 46% of the vote in the Keystone State a quarter-century ago. (That the Democratic presidential nominee has carried Pennsylvania in five of the last five elections -- including President Obama's double-digit win last year -- seems like a relevant detail.)

What's more, while Toomey doesn't think "this state has changed," he may want to take a closer look at the registration numbers from last year.

Democratic voter registration in Pennsylvania has hit a record of more than 4 million voters.

"It's kind of incredible," Harry A. VanSickle, the state's elections commissioner, tells The Caucus as his office prepares to post the new numbers. "It's the first time we know of that a party in Pennsylvania has gone over 4 million."

A total of 4,044,952 people are now registered to vote in the Democratic primary; a total of 3,215,478 are registered for the Republican primary.

The shift helped push Arlen Specter out of the party. There are just a lot fewer Republicans in the state than there used to be.

The broader question, I suppose, is just how widespread Toomey's confusion is. He doesn't think Pennsylvania has changed since 1984, but the even more salient question is whether his party believes the same thing about the country.

Steve Benen 8:35 AM Permalink | Trackbacks | Comments (26)

Bookmark and Share

ENOUGH WITH THE 'INSURGENT' TALK.... Every member of the House Republican leadership signed on to work with Minority Whip Eric Cantor (R-Va.) on the National Council for a New America "rebranding" initiative. That is, except for House Republican Policy Committee Chairman Thaddeus McCotter (R-Mich.), who likes the current brand just fine, thank you.

Instead of potentially diluting their message by outsourcing its development to outside players, McCotter said, House Members should focus on engaging the Democratic majority as an "entrepreneurial insurgency" and continue to build their strength from within the Conference.

"We should be focusing on doing the little things right and building on them," McCotter told Roll Call. "We have to do it every single day in the House."

GOP lawmakers really ought to reconsider all of this "insurgency" talk. I realize it's a word with a generic meaning, but given the two wars the U.S. is currently engaged in, "insurgencies" generally apply to "terrorist uprisings." It's why National Republican Congressional Committee Chairman Pete Sessions (R-Texas) raised so many eyebrows in February when he argued his party should emulate the insurgency tactics of the Taliban.

Indeed, try to imagine the response we would see if leading Democratic lawmakers, during Bush's presidency, casually referred to the party's efforts as an "insurgency," at the same time as the U.S. military was implementing counter-insurgency tactics in Iraq and Afghanistan. We would -- thanks to Drudge, Fox News, et al -- never hear the end of it.

I'm not in the habit of offering strategic advice to the House Republican caucus, but it seems there has to be a better, non-terrorist-related word for their efforts.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (12)

Bookmark and Share

EFCA WITHOUT CARD CHECK?.... In recent weeks, the prospects for passing the Employee Free Choice Act have faded considerably. The measure enjoys the support of a Senate majority, but to overcome a filibuster, proponents have looked for 60 votes and come up short. Arlen Specter's decision to oppose the measure, despite having supported it in the past, likely sealed EFCA's fate.

But there's renewed hope that something similar to EFCA might still have a shot, and a renewed push for a compromise measure is generating some attention in the Senate.

The controversial "card check" provision in the Employee Free Choice Act (EFCA) may be dropped in a compromise, one of the bill's Democratic sponsors in the Senate said Monday.

"Compromises are going to be made," Sen. Tom Harkin (D-Iowa) told Bloomberg News. "It [the bill] probably won't be card-check because too many people are opposed to it now."

The legislation, prized by organized labor groups, has faltered in recent months after Democratic Sens. Arlen Specter (Pa.) and Blanche Lincoln (Ark.) announced they wouldn't support it. Labor groups have hoped they might sway Specter, who switched parties to run for reelection as a Democrat in Pennsylvania.

Harkin hoped a compromise might win "the grudging support of labor and maybe the grudging support of some businesses," according to Finance and Commerce.

What would an EFCA-like bill look like without card check? As regular readers know, in the January issue of the Washington Monthly, T.A. Frank sketched out how and why this could work.

Steve Benen 7:30 AM Permalink | Trackbacks | Comments (9)

Bookmark and Share
By: Hilzoy

Resolution

Matthew Richardson and Nouriel Roubini have an op-ed on the stress tests in the WSJ. It makes a number of good points, but this one is particularly important:

"Stress tests aside, it is highly likely that some of these large banks will be insolvent, given the various estimates of aggregate losses. The government has got to come up with a plan to deal with these institutions that does not involve a bottomless pit of taxpayer money. This means it will have the unenviable tasks of managing the systemic risk resulting from the failure of these institutions and then managing it in receivership. But it will also mean transferring risk from taxpayers to creditors. This is fair: Metaphorically speaking, these are the guys who served alcohol to the banks just before they took off down the highway.

And we shouldn't hear one more time from a government official, "if only we had the authority to act . . ."

We were sympathetic to this argument on March 16, 2008 when Bear Stearns ran aground; much less sympathetic on Sept. 15 and 16, 2008 when Lehman and A.I.G. collapsed; and now downright irritated seven months later. Is there anything more important in solving the financial crisis than creating a law (an "insolvency regime law") that empowers the government to handle complex financial institutions in receivership? Congress should pass such legislation -- as requested by the administration -- on a fast-track basis."

It's never a pleasant experience when a large firm goes bankrupt. But the real problem with Lehman Brothers was not that it went bankrupt; it was that it went bankrupt in a completely unforeseen and disorderly way. Likewise, the reason why it's not a catastrophe when the FDIC takes over a bank isn't just that the banks it takes over are smaller than Lehman Brothers; it's that it has a very well-defined and orderly procedure that allows things that need to happen to go on happening while the bank is being taken over.

As long as we do not have such a procedure for dealing with insolvent banks like Citi or Bank of America, they will have a gun to our collective heads, and they will be able to go on extracting money from us. We might not like it, but the alternative will be worse.

For this reason, we obviously need to create a new alternative: a mechanism for taking over insolvent large banks that allows us to deal with them in an orderly fashion. Thomas Hoenig, President of the Kansas City Fed, proposed one such mechanism yesterday. I am not competent to say whether his version is best. But I do know that we need some such mechanism in place, and we need it immediately.

Relying on improvised deals and ad hoc solutions might have been necessary right after the crisis hit. But it is long past time to give ourselves the tools we need to do it right.

Hilzoy 1:47 AM Permalink | Trackbacks | Comments (7)

Bookmark and Share
By: Hilzoy

Conflict Of Interest

There is just no way that this ought to have been allowed:

"The Federal Reserve Bank of New York shaped Washington's response to the financial crisis late last year, which buoyed Goldman Sachs Group Inc. and other Wall Street firms. Goldman received speedy approval to become a bank holding company in September and a $10 billion capital injection soon after.

During that time, the New York Fed's chairman, Stephen Friedman, sat on Goldman's board and had a large holding in Goldman stock, which because of Goldman's new status as a bank holding company was a violation of Federal Reserve policy.

The New York Fed asked for a waiver, which, after about 2 1/2 months, the Fed granted. While it was weighing the request, Mr. Friedman bought 37,300 more Goldman shares in December. They've since risen $1.7 million in value. (...)

Mr. Friedman, who once ran Goldman, says none of these events involved any conflicts. He says his job as chairman of the New York Fed isn't a policy-making one, that he didn't consider his purchases of more Goldman shares to conflict with Fed policy, and bought shares because they were very cheap."

Whatever Mr. Friedman might think, having a director of the New York Fed serving on the board of Goldman Sachs, and owning 98,600 shares of Goldman Sachs, became an obvious conflict of interest once Goldman became a bank holding company. The New York Fed regulates banks and bank holding companies headquartered in New York, New Jersey, and Fairfield County, Connecticut, and enforces laws governing them, in addition to doing various other things that can affect their share prices. Goldman Sachs is a bank holding company headquartered in New York. I'm not sure how a conflict of interest could be more obvious than that.

In saying this, I do not mean to impugn Mr. Friedman's motives. I don't know Mr. Friedman. For all I know, he is a pillar of rectitude and a prince among men. That doesn't matter. For one thing, owning stock in a company you regulate can influence you without your awareness. In fact, it's hard to see how owning so much stock that a mere $1 change in the stock price means that your net worth goes up by nearly $100,000 could fail to affect your thinking, however hard you tried.

Moreover, even if you do manage to completely wall your decisions off from any such influence, conscious or unconscious, no one other than God can be certain of that. And if there's reason for people to wonder whether your decisions are influenced by your stock holdings, those decisions will be suspect.

The legitimacy of the Fed's decisions is very important. The Fed and its subordinate banks are unaccountable bodies with enormous powers. It matters both that their decisions be, and that they be believed to be, made without undue influence by politicians, bankers, or anyone else. It will not survive otherwise. The fact that it has not seemed to be independent either of politicians or of Wall Street recently is a very big problem. It needs to be dealt with directly. But the least we can expect is that its directors not make things worse by having large and obvious conflicts of interest.

Hilzoy 12:45 AM Permalink | Trackbacks | Comments (15)

Bookmark and Share
 
May 4, 2009

MONDAY'S MINI-REPORT.... Today's edition of quick hits:

* The CDC believes the current trends on the H1N1 virus are "encouraging," at least for now.

* President Obama is targeting off-shore tax havens. Republicans aren't happy about it.

* The vulnerabilities in Pakistan's nuclear arsenal are more than a little terrifying.

* The Boston Globe's future is very bleak, but no official word yet on whether it'll survive the rest of the month.

* The White House says it doesn't plan on asking Congress for any more bank bailout money.

* Violence is down in Iraq, but for gay Iraqis, the danger is constant.

* The Obama administration's efforts during Chrysler's bankruptcy proceedings should strengthen its position in upcoming negotiations with GM stakeholders.

* We can do without the early whisper campaign against Sonia Sotomayor.

* Sen. Chris Dodd (D-Conn.) is at least open to the idea of criminal prosecutions for Bush administration officials who may have broken laws related to torture.

* EFCA without "card check"? A compromise measure is generating some attention in the Senate.

* Stan Greenberg writes an interesting letter to Ed Gillespie.

* Weather obviously isn't the same thing as climate, but weather apparently influences public perceptions about global warming.

* Rep. Michele Bachmann (R-Minn.) continues to have a way with words.

* Jack Shafer explains why Cokie Roberts probably ought to retire from the punditry business.

* John Edwards is under investigation for possible misuse of campaign funds in connection with his extramarital affair.

* Despite rumors to the contrary, Missouri has not outlawed emergency contraception.

* Al Gore for the Supreme Court? Seems like a stretch.

* And finally, Jack Kemp died over the weekend at age 73. I disagreed with him on a whole lot of issues, but in general, the former Republican vice presidential nominee was a first-class mensch. My condolences to his family and friends.

Update: I know it's late notice, but it looks like I'm going to be on MSNBC's "The Rachel Maddow Show" tonight, probably around 9:45 eastern. See you then.

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

NEITHER SEEN NOR HEARD.... There's an old expression that says children are to be seen and not heard. At the Milford Academy in "Arrested Development," children are to be neither seen nor heard.

The latter is the kind of approach the Republican National Committee takes when dealing with moderates in their midst. (via Eric Kleefeld)

Republican National Committee Chairman Michael Steele appealed to the political middle Friday to join his party but added that the party itself wouldn't moderate.

"All you moderates out there, y'all come. I mean, that's the message," Steele said at a news conference. "The message of this party is this is a big table for everyone to have a seat. I have a place setting with your name on the front.

"Understand that when you come into someone's house, you're not looking to change it. You come in because that's the place you want to be."

That's quite a message. GOP moderates are welcome to stick around in the party, just so long as they realize they won't be seen, won't be heard, and aren't allowed to have any influence.

Indeed, party members -- in any party -- often stick around despite being at odds with the party's mainstream in the hopes that they'll be able to help pull their party in one direction or another. Senators like Olympia Snowe and Susan Collins no doubt hope that they'll have some sway over their colleagues, and in time, Republicans will move away from the far-right cliff.

Steele's message, then, seems to be aimed at them quite directly -- they're welcome, as long as they don't expect to have any power.

Update: Keeping with the metaphor, Chris Orr went on to say: "Steele added that moderates would be expected to clear the table and wash dishes quietly while the other guests argued over whether Barack Obama was a fascist or merely a socialist. Oh, and hope you guys are up for a little unpaid babysitting: The rest of us were hoping to check out a tea party later tonight."

Steve Benen 4:45 PM Permalink | Trackbacks | Comments (27)

Bookmark and Share

ON MESSAGE.... Despite the half-hearted talk about substance and rebranding, quite a few GOP leaders believe the way to get the party back on track is to focus on a better communications strategy. Consider this advice, for example.

With little power to stop the enlarged House Democratic majority procedurally, Republicans say their best strategy is to head for the microphones.

In November, after Republicans lost 21 seats, Conference Chairman Mike Pence went so far as to urge members to cut their legislative staff to make room for communications aides.

I realize that Pence isn't exactly a policy wonk, despite his role as the #3 Republican in the chamber, but this advice only helps reinforce the notion that the minority party is fundamentally unserious about public policy. Legislative staffers tend to work on substantive issues, including constituent services. Pence encouraged his GOP colleagues to get rid of these aides in order to hire staffers to focus on media? C'mon.

One could argue that Pence is simply assuming that House Republicans won't have a policy role to play -- their bills won't get hearings; their amendments won't pass -- so there's no point in even hiring aides to tackle real legislative work. There may be some truth to that. But to urge lawmakers to fire staffers who work on issues to make room for communications aides is to effectively drop the pretense of having a credible role in government.

This isn't to say communication aides are unimportant. Believe me, I've been a communications aide myself, and the work matters. But when representatives start prioritizing message over policy, it reflects misguided priorities.

Steve Benen 4:20 PM Permalink | Trackbacks | Comments (23)

Bookmark and Share

'OUTSIDE' THE BELTWAY.... As part of the Republican Party's rebranding effort, House Minority Whip Eric Cantor (R-Va.) hosted a National Council for a New America event at a pizza shop over the weekend. Roll Call reported, "Cantor said the idea of the road show is to gather ideas from outside the Beltway to shape the Republican agenda."

CQ had a similar item: "After consecutive catastrophic electoral losses ... Republican leaders are turning their attention outside the Capital Beltway -- and outside their severely diminished party ranks -- to gather ideas from the public that they hope will help them rebound."

At the risk of sounding picky, it's probably worth noting that Republicans started gathering ideas "from outside the Beltway" at an event inside the Beltway.

A place called Pie-tanza, in an Arlington strip mall, hosted the event. Pie-tanza is just a few minutes from the Washington Golf and Country Club. Indeed, it's only about six miles from Capitol Hill.

Far be it for me to offer the National Council for a New America suggestions, but it seems to me that GOP leaders are far more likely to get "ideas from outside the Beltway" if they actually go outside the Beltway.

Steve Benen 3:20 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

SPECTER'S LOYALTY.... Last week, ABC's George Stephanopoulos, among others, reported on a Tuesday-morning conversation between Arlen Specter and President Obama. The Pennsylvania senator reportedly told Obama, "I'm a loyal Democrat. I support your agenda." The Wall Street Journal had a report with the identical quote.

Yesterday, however, Specter insisted on "Meet the Press" that he'd never made these comments. "I did not say I would be a loyal Democrat. I did not say that," Specter said, adding, "I did not say I am a loyal Democrat."

Who's right? Greg Sargent did some digging.

As I noted below, The Wall Street Journal's Jonathan Weisman, who reported Specter's promise, told me that he's sticking by the report's accuracy and that neither Specter nor his office disputed the story when it first came out last week.

Now ABC News' George Stephanopoulos, who reported the same thing last week when the news broke about Specter's switch, is telling me the same.

Stephanopoulos says his "reporting was well-sourced," and adds that Specter's office didn't object to it when it ran or since. "Never heard from Specter's office," Stephanopoulos emails.

It is rather odd. The quote in question ran on Tuesday, and was picked up far and wide. If Specter or anyone on his staff had a problem with it, they had several days to request a correction or try to walk it back. Neither senator nor his aides said a word. Now, however, Specter would have us believe he never made the comment?

What's more, it's not at clear why Specter is denying having said this to the president. He joined the Democratic Party and wants the Democratic Senate nomination in Pennsylvania next year. For Specter to go out of his way to let the public know he doesn't plan to be a "loyal" member of the party seems like a strange strategy.

Steve Benen 2:45 PM Permalink | Trackbacks | Comments (33)

Bookmark and Share

SESSIONS AND FILIBUSTERS.... Sen. Jeff Sessions' (R-Ala.) record as a crypto-segregationist is interesting enough, but under the circumstances, with Sessions becoming the ranking Republican on the Senate Judiciary Committee, his record on the handling of Supreme Court nominees is of particular interest.

Sen. Jeff Sessions (R-Ala.), now the Republican with the most power to delay President Obama's Supreme Court nominees, decried filibusters during the battle to confirm Justice Samuel Alito.

Sessions will take over for defector Arlen Specter as top Republican on the Senate Judiciary Committee, a position that enables him to drag out debate on potential Supreme Court justices.

No one knows if Sessions plans to do so -- but when Democrats opposed the nomination of Justice Alito, the Republican declared that judges should face only a "majority vote" and that filibusters of court nominees were "very painful."

As recently as 2005, Sessions argued that Democratic filibusters of Bush's most conservative judicial nominees -- "some of the best nominees ever submitted" for consideration in the 200-year history of the Senate, he said -- were inconsistent with a process that has been in place "since the founding of the republic."

It will be challenging for Sessions, if ever pressed by reporters, to explain a record of seemingly blatant, transparent, and ugly racism. It will nearly as difficult for him to explain, if asked, why Democratic judicial filibusters tear at the fabric of our democracy, while Republican filibusters are no cause for concern.

Steve Benen 2:10 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

LEAVING REAGAN BEHIND.... The Washington Times headline certainly sounds provocative, at least for Republicans: "Jeb Bush, GOP: Time to leave Reagan behind." The story reads:

Former Florida Gov. Jeb Bush said Saturday that it's time for the Republican Party to give up its "nostalgia" for the heyday of the Reagan era and look forward, even if it means stealing the winning strategy deployed by Democrats in the 2008 election.

"You can't beat something with nothing, and the other side has something. I don't like it, but they have it, and we have to be respectful and mindful of that," Mr. Bush said. [...]

"So our ideas need to be forward looking and relevant. I felt like there was a lot of nostalgia and the good old days in the [Republican] messaging. I mean, it's great, but it doesn't draw people toward your cause," Mr. Bush said.

As far as I can tell, the former Florida governor didn't actually mention Reagan by name, but simply encouraged his party to move past "nostalgia" for a bygone era. That sounds like common sense -- parties need to adapt to changing policy and cultural landscapes. It's hardly a controversial idea.

But the combination of the Times headline and the idea of moving beyond Reagan seems to have caused a bit of a stir in conservative circles.

House Minority Whip Eric Cantor (R-Va.) told CNN this morning that the party needs to be "forward looking and relevant," but added, "I don't think it's giving up Ronald Reagan."

The response from conservative blogs has been far more intense, with many trashing Jeb Bush, some personally, for raising such an idea.

I guess the "nostalgia" for "the good old days" will be hanging around for a while.

Steve Benen 1:25 PM Permalink | Trackbacks | Comments (36)

Bookmark and Share

RANKING MEMBER SESSIONS.... When Sen. Arlen Specter left the Republican Party last week, he created an inconvenient vacancy for the GOP: the party needed a new ranking member for the Judiciary Committee. With more senior Republicans already committed to other committees, the job will apparently fall to Jeff Sessions.

Sen. Jeff Sessions (R-Ala.) will take over the ranking member position on the Senate Judiciary Committee after striking a deal with his more senior colleagues over the weekend, sources confirm to The Hill. [...]

The seven Republicans who remain on the Judiciary Committee after Specter's departure will meet to vote on Sessions's ascension early this week. Once they do, the decision goes to the full Republican Conference, which usually ratifies decisions the committee makes. Sources could not recall a ranking member vote made by a committee that was not, in the end, ratified by the full conference.

Sessions is arguably the most right-wing member of the committee, so the move will no doubt please the Republican base. (Some conservative blogs began pushing for this last week.)

But this is also an opportunity of sorts for Democrats, who may want to use Sessions' promotion to reinforce the arguments about Republicans becoming far too extreme for the American mainstream.

In 2002, The New Republic ran a rather devastating piece about Sessions' background, most notably with regards to the Alabama Republican's background on race relations.

Sessions got his start in Alabama politics as a U.S. Attorney. His most notable effort was prosecuting three civil rights workers, including a former aide to Martin Luther King Jr., on trumped up charges of voter fraud.

Also during his illustrious career in Alabama, Sessions called the NAACP "un-American" because it, among other groups, "forced civil rights down the throats of people." A former career Justice Department official who worked with Sessions recalled an instance when he referred to a white attorney as a "disgrace to his race" for litigating voting rights cases on behalf of African Americans. Sessions later acknowledged having made many of the controversial remarks attributed to him, but claimed to have been joking. Yeah, "disgrace to his race" is hilarious.

That's not all. Thomas Figures, a former assistant U.S. Attorney in Alabama and an African American, later explained that during a 1981 murder investigation involving the Ku Klux Klan, Sessions was heard by several colleagues commenting that he "used to think they [the Klan] were OK" until he found out some of them were "pot smokers." Sessions once again acknowledged making the remark, but once again claimed to have been kidding. Figures also remembered having heard Sessions call him "boy," and once warn him to "be careful what you say to white folks."

All of this came to light when Reagan nominated Sessions to be a federal court judge. The Senate ultimately rejected the nomination, labeling Sessions an extremist. Regrettably, Alabama voters weren't troubled by his record in the slightest, and Sessions successfully ran for the Senate.

Now, he'll be the ranking member of the same Judiciary Committee that rejected him for being an apparent racist.

Digby added, "Making [Sessions] the ranking member today means the Republicans will put their ugliest face forward during judicial confirmation hearings. But hey, it's their long, ongoing funeral."

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (29)

Bookmark and Share

MONDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* Former Pennsylvania Gov. Tom Ridge (R) really is eyeing the Senate race.

* Joe Torsella, who was the only officially announced Democrat in Pennsylvania's Senate race before last week, doesn't appear anxious to step aside for Arlen Specter anytime soon.

* How bad are things for New York Gov. David Paterson (D) in advance of next year's campaign? A new Marist Poll not only shows his approval rating dropping to 19%, but the same poll shows a majority of New Yorkers would prefer to see former Gov. Eliot Spitzer (D) back in office.

* Speaking of New York, the same Marist Poll shows Sen. Kirsten Gillibrand (D) in a tough spot in her campaign next year. While Gillibrand still has a double-digit lead over Rep. Peter King (R), who has already indicated his interest in the race, she trails former Gov. George Pataki (R) in a hypothetical match-up.

* John Kasich, a former House Republican who became a Fox News personality, is running for governor in Ohio.

* Republicans had hoped to recruit a credible opponent to run against Rep. Carol Shea-Porter (D-N.H.) next year, and seem to have found their candidate: Manchester Mayor Frank Guinta.

* Will California Gov. Arnold Schwarzenegger (R) support the Republicans' gubernatorial nominee next year? Maybe, maybe not.

* John Oxendine, a Republican gubernatorial candidate in Georgia, seems to have decided on a vaguely secessionist platform. It is, by the way, the 21st century. Just thought I'd mention that.

* Former Rep. Bob Barr of Georgia, the Libertarian Party's presidential nominee in 2008, told CNN over the weekend it's hard to "overestimate the damage" that's been done to the Republican Party. He said today's GOP is "in very deep trouble."

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (8)

Bookmark and Share

SEEKING ADVICE FROM LOYAL BUSHIES.... Too often, Republicans have an odd habit of seeking advice from those who've already proven themselves unreliable. Newt Gingrich was a disastrous leader for the GOP, and yet the party still seeks his guidance. Karl Rove failed repeatedly, and is considered a genius in Republican circles.

And now Republicans want to learn lessons about communications management, and they're turning to aides from the Bush White House.

Republicans looking to recover from Bush-era defeats are turning to an unlikely source for advice: top aides to former President George W. Bush.

Former White House press secretary Dana Perino, former Bush counselor Ed Gillespie and former White House deputy press secretary Tony Fratto are among those set to provide words of wisdom to House Republican press secretaries at their annual workshop this Friday.

GOP House Conference Communications Director Matt Lloyd said Perino, Gillespie and Fratto represented "the gold standard for Republican communications professionals" and were obvious choices to advise the party's messengers.

Seriously? The House GOP conference, struggling to get back on track and suffering with the consequences of recent Republican failures, are turning to veterans of the Bush White House to help shape their communications strategy?

Dana Perino, explaining why she and her colleagues from the Bush gang have valuable insights to share, said, "We are battle-tested."

There's some truth to that, but it seems the point to keep in mind is that she and her team lost those battles. Their messaging proved unpersuasive.

Experience can be helpful. Successful experience matters more.

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (32)

Bookmark and Share

INHOFE SEARCHES FOR A SILVER LINING.... The day after Sen. Arlen Specter switched parties, Sen. Jim Inhofe (R-Okla.) went on Fox News to explain why the development was ... wait for it ... good news for Republicans. Inhofe argued that Pennsylvania Republicans' reluctance to support Specter was evidence of Democratic overreach.

Yesterday, while explaining why gay Americans can't be allowed to serve in the U.S. military without hiding their sexual orientation, Inhofe repeated the Specter argument in more detail.

There is no evidence more visible that the American people are already rebelling against the far-left agenda than Senator Arlen Specter switching parties to become a Democrat. He did this for one reason, and that is his advisers told him he couldn't retain his Senate seat as a Republican. In other words, the same people who supported Senator Specter six years ago have soundly rejected him today.

This is nutty for a couple of reasons. First, Inhofe is equating the shrinking GOP base in Pennsylvania with the nation overall, as if the prior is fairly representative of the latter. If conservative Republican activists don't approve of a moderate Republican senator, then the only logical conclusion, according to Inhofe, is to assume that the "American people" have no use for a "far-left agenda." This doesn't make a lick of sense.

Second, there's the context of Inhofe's foolishness. As Brian Beutler noted, a DADT repeal is hardly a "far-left" idea -- a majority of Americans support ending "Don't Ask, Don't Tell," putting Inhofe outside the American mainstream.

I can appreciate why a far-right lawmaker like Inhofe may want to spin Specter's switch, but he'll have to do better than this.

Steve Benen 10:35 AM Permalink | Trackbacks | Comments (24)

Bookmark and Share

SOCIETAL CHANGES THROUGH TUITION RATES.... The National Council for a New America, the Republicans' "rebranding" initiative, got to work over the weekend, hosting an event in a D.C. suburb to talk a bit about GOP policy ideas. Not surprisingly, there wasn't much in the way of new and/or creative thinking.

But Slate's Christopher Beam noted that there was at least one vaguely new idea.

The most original ideas came from perhaps the most establishment person in the room: Jeb Bush. When someone asked about how to make college affordable, Bush proposed incentivizing tuition by charging different amounts for different degrees. "We need nurses, scientists, engineers, qualified teachers.... If the government is going to subsidize at the fed level, there needs to be strategic nature to it," he said.

As Republican ideas go, this is at least a little different. As the former Florida governor sees it, America needs more nurses and engineers, so it's not unreasonable to think universities should charge lower tuition rates to those who major in those fields. Why should philosophy and poli sci majors pay the same tuition rates as nursing students, Jeb asks, if the country needs more of the latter than the prior?

The reason I found this interesting is that it doesn't sound like an especially conservative idea. In fact, it sounds like social engineering -- the government wants to encourage people to do certain things, so it's using the power of the state to reward those who are willing to work in the government-approved fields.

Jeb Bush, as a rule, hates social engineering and loves the free market. Government tinkering with "incentives" to encourage certain behavior seems like it would be anathema to conservative Republicans.

I can't wait to see what the NCNA comes up with next.

Steve Benen 10:10 AM Permalink | Trackbacks | Comments (42)

Bookmark and Share

PERCOLATING IN PENNSYLVANIA.... Quinnipiac released a poll out of Pennsylvania this morning that will no doubt be of interest to leaders in both parties. In the first survey taken since Arlen Specter switched parties, the incumbent senator would easily defeat former Rep. Pat Toomey (R) in a general election, 53% to 33%.

Of course, Toomey may not be the GOP nominee, especially with former Gov. Tom Ridge (R) eyeing the race. Should Ridge face off against Specter in a general election, Quinnipiac shows the incumbent ahead, but not by much, 46% to 43%. Perhaps most importantly, independents in Pennsylvania prefer Specter to Toomey, but also prefer Ridge to Specter.

"A former Republican Senator running as a Democrat against a popular former Republican governor seeking to make a political comeback would be a battle royal in Pennsylvania," said Clay F. Richards, assistant director of the Quinnipiac University Polling Institute. "Gov. Tom Ridge is probably the only political figure in Pennsylvania who could give Sen. Arlen Specter a run for his money."

At least in a general election, that is. While the poll showed Democrats in the state heavily preferring Specter to Toomey, there's still the matter of the Democratic nomination to consider.

Pennsylvania Rep. Joe Sestak told CNN Sunday that he wasn't sure Sen. Arlen Specter is really part of the Democratic Party, the latest in a series of tough comments aimed at his potential Senate primary rival.

"I'm not sure he's a Democrat yet," he told John King on State of the Union. [...]

After Specter's announcement last week, Sestak said he was taking a wait-and-see approach on the question of whether to embrace the party's newest senator. Later in the week, he finally confirmed publicly that he's weighing a Senate bid of his own, setting up the prospect of a primary fight between the Democratic congressman and the party's newest senator.

Complicating matters, SEIU head Andy Stern acknowledged via Twitter that he'll be visiting with Sestak today, presumably to discuss the Senate race. (The SEIU was rather explicit late last week in stating that support for Specter was hardly automatic, the party switch notwithstanding.)

Now, for Democrats, is Sestak a progressive champion? No. Nate Silver had a very good item over the weekend noting that Sestak may not literally be a "Blue Dog," but by the standards of the House caucus and his Democratic Pennsylvania district, Sestak is not even close to being a liberal.

The key, however, is that Sestak seems prepared to earn the Democratic nomination, while Specter, a Republican up until extremely recently, apparently feels like the nomination should just be handed to him, regardless of his votes.

At a minimum, this should be a wake-up call for Specter. Whether he hears the ringing or not remains to be seen.

Steve Benen 9:30 AM Permalink | Trackbacks | Comments (25)

Bookmark and Share

IS RICE SMARTER THAN A 4TH GRADER?.... Former Secretary of State Condoleezza Rice ran into a little trouble in April during a discussion with students at Stanford University, during which she denied waterboarding is torture and was necessarily legal because the president authorized the abusive techniques.

Yesterday, Rice was pressed on the same issue by another student, though this one was quite a bit younger.

...Misha Lerner, a student from Bethesda, asked: What did Rice think about the things President Obama's administration was saying about the methods the Bush administration had used to get information from detainees? [...]

"Let me just say that President Bush was very clear that he wanted to do everything he could to protect the country. After September 11, we wanted to protect the country," she said. "But he was also very clear that we would do nothing, nothing, that was against the law or against our obligations internationally. So the president was only willing to authorize policies that were legal in order to protect the country."

She added: "I hope you understand that it was a very difficult time. We were all so terrified of another attack on the country. September 11 was the worst day of my life in government, watching 3,000 Americans die.... Even under those most difficult circumstances, the president was not prepared to do something illegal, and I hope people understand that we were trying to protect the country."

Misha Lerner, a Washington-area fourth-grader, apparently intended to ask a more pointed question about torture, but his mother said "they" asked the student to "soften" his question.

As for the substance of Rice's remarks, they're obviously pretty unpersuasive. It's basically a two-pronged argument: 1) we were all scared out of our minds at the time, so we took extraordinary measures; and 2) the extraordinary measures were all legal, so don't worry about it.

The first -- let's call it the "temporary insanity" defense -- might be more compelling were it not for the second. In fact, I'd actually like to hear more Bush administration officials make this argument explicitly, telling the country, "Look, there was a panic and we crossed lines we shouldn't have. Cooler heads should have prevailed, but didn't. For a short while, we lost our heads, but we eventually got back on track. It was a regrettable lapse of judgment that won't happen again."

That may or may not be persuasive, it may or may not free Bush administration of legal responsibility for wrongdoing. But it's a hell of a lot better than, "Torture wasn't torture, and crimes weren't illegal." Even a fourth-grader can see through that nonsense.

Steve Benen 8:40 AM Permalink | Trackbacks | Comments (37)

Bookmark and Share

'CODE' AND THE COURT.... Sen. Orrin Hatch (R-Utah) appeared on ABC News' "This Week" yesterday to discuss the looming Supreme Court vacancy. George Stephanopoulos showed a video of President Obama describing his ideal justice as a person of intelligence, excellence, integrity, and empathy. "I will seek someone who understands that justice isn't about some abstract legal theory or a footnote in a casebook," the president said. "It is also about how our laws affect the daily realities of people's lives."

Stephanopoulos asked Hatch what he thought of Obama's comments. The Utah Republican wasn't happy.

"Well, it's a matter of great concern. If he's saying that he wants to pick people who will take sides -- he's also said that a judge has to be a person of empathy. What does that mean? Usually that's a code word for an activist judge.

"But he also said that he's going to select judges on the basis of their personal politics, their personal feelings, their personal preferences. Now, you know, those are all code words for an activist judge, who is going to, you know, be partisan on the bench."

There are a few key angles to this. First, Hatch is already laying the groundwork for Republican obstructionism, suggesting the president's own search criteria for a justice will necessarily make the nominee some kind of "activist."

Second, if we really want to talk about "activist" judges, Hatch may want to take a closer look at the current Roberts court.

And third, Obama hasn't used "code" in describing the qualities he's looking for in a justice. This is using code.

At a press conference two days after his re-election, President Bush was asked about what sort of Supreme Court justice he might nominate if and when the ailing Chief Justice William H. Rehnquist retires. Mr. Bush repeated the pledge he made in the presidential debates: "I would pick people who would be strict constructionists."

Nevertheless, Hatch is supposed to be one of the more amenable and cooperative Republicans left on the Senate Judiciary Committee. His comments yesterday were hardly reassuring.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share
By: Hilzoy

Motiveless Malignancy

The NYT has an interesting story on Bush administration fights over torture policy. (Though, as emptywheel says, it "seems to be at least partly the product of two entities--the Bellinger/Condi- and the Goss-reputation protection entities--that have been working overtime lately.") It claims that the CIA had stopped using the "enhanced interrogation techniques" by 2005:

"Still, Mr. Cheney and top C.I.A. officials fought to revive the program. Steven G. Bradbury, the head of the Justice Department's Office of Legal Counsel and author of the recently declassified 2005 memorandums authorizing harsh C.I.A interrogations, began drafting another memorandum in late 2006 to restore legal approval for harsh interrogation. Mr. Bradbury noted that Congress, despite the public controversy, had left it to the White House to set the limits.

Early drafts of the memorandum, circulated through the White House, the C.I.A. and the State Department, shocked some officials. Just months after the Supreme Court had declared that the Geneva Convention applied to Al Qaeda, the new Bradbury memorandum gave its blessing to almost every technique, except waterboarding, that the C.I.A. had used since 2002.

Forced as secretary of state to defend the C.I.A. program before angry European allies, Ms. Rice and her aides argued that it had outlived its usefulness.

In February 2007, Mr. Bellinger wrote to the Justice Department challenging Mr. Bradbury's position. He called Mr. Bradbury's memorandum a "work of advocacy" that gave a twisted interpretation of the Geneva Conventions and told colleagues he might resign."

This is one of the things I will never understand about Dick Cheney. It's wrong, but still in some way comprehensible, to use torture when you think you have some truly compelling reason to do so. And it's wrong, but comprehensible, for people in the administration to think that we had such a reason right after 9/11. But what kind of person would fight for the right to use these methods of torture after we had stopped using them?

Was there some burning need to have them available in theory, a need that warranted recommitting ourselves as a nation to the idea that they were lawful? Or was he just so committed to them that he felt that he could not back down, even in principle?

Coleridge once described Iago as "motiveless Malignancy". That is how I always think of Cheney. I think I have some sense of what moved Bush, Rumsfeld, Rice, et al. With Cheney, all I ever see is darkness, combativeness for its own sake, obsessive secrecy, a cramped and constricted heart, and a tiny shriveled thing that must once have been a soul. It never adds up to a human being.

Thank God he's gone:

"When Mr. Obama was sworn in on Jan. 20, the C.I.A. still maintained a network of empty jails overseas, where interrogators were still authorized to use physical pressure. Within 48 hours, he banned the methods.

Finally, last month, the program that had been the source of so many vigorous fights in Washington's power corridors met a prosaic end.

Leon E. Panetta, the new C.I.A. chief, terminated the agency's contracts providing the security and maintenance for the prisons, emphasizing the economic benefits. Closing the C.I.A. prisons, Mr. Panetta said, would save taxpayers $4 million."

Hilzoy 2:00 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share
 
May 3, 2009
By: Hilzoy

Well, I Think Demographics Is Interesting ...

Here's a fascinating article on global demographics (h/t):

"Something dramatic has happened to the world's birthrates. Defying predictions of demographic decline, northern Europeans have started having more babies. Britain and France are now projecting steady population growth through the middle of the century. In North America, the trends are similar. In 2050, according to United Nations projections, it is possible that nearly as many babies will be born in the United States as in China. Indeed, the population of the world's current demographic colossus will be shrinking. And China is but one particularly sharp example of a widespread fall in birthrates that is occurring across most of the developing world, including much of Asia, Latin America, and the Middle East. The one glaring exception to this trend is sub-Saharan Africa, which by the end of this century may be home to one-third of the human race."

It's full of interesting facts. For instance, I didn't know this:

"Iran is experiencing what may be one of the most dramatic demographic shifts in human history. Thirty years ago, after the shah had been driven into exile and the Islamic Republic was being established, the fertility rate was 6.5. By the turn of the century, it had dropped to 2.2. Today, at 1.7, it has collapsed to European levels. The implications are profound for the politics and power games of the Middle East and the Persian Gulf, putting into doubt Iran's dreams of being the regional superpower and altering the tense dynamics between the Sunni and Shiite wings of Islam. Equally important are the implications for the economic future of Iran, which by mid century may have consumed all of its oil and will confront the challenge of organizing a society with few people of working age and many pensioners."

Europe, however, is rebounding slightly (quick! Someone tell Mark Steyn!), while in the developing world, with the exception of sub-Saharan Africa, birthrates are shrinking fast. As a result of the discrepancy between sub-Saharan Africa and everywhere else:

"By midcentury, sub-Saharan Africa is likely to be the demographic center of Islam, home to as many Muslims as Asia and to far more than inhabit the Middle East. The non-Arab Muslim countries of Africa -- Niger, Mali, Burkina Faso, and Senegal -- constitute the one region of the Islamic world where birthrates remain high. In several of these countries, the average woman will have upward of five children in her lifetime. (...) By 2050, it is almost certain that most of the world's Christians will live in Africa."

Not surprisingly, the worst news comes out of Russia, which "is suffering a demographic decline on a scale that is normally associated with the effects of a major war." There's a lot more detail on Russia's horrifying demographics in this article, which describes the situation as amounting to "an ethnic self-cleansing":

"For the better part of a generation, Russia has suffered something akin to wartime population losses during year after year of peacetime political order. In the United Nations Development Program's annually tabulated "Human Development Index," which uses health as well as economic data to measure a country's living standards as they affect quality of life, Russia was number 73 out of 179. A country of virtually universal literacy and quite respectable general educational attainment, with a scientific cadre that mastered nuclear fission over half a century ago and launches orbital spacecraft and interplanetary probes today, finds itself ranked on this metric between Mauritius and Ecuador."

It's all very interesting. Enjoy!

Hilzoy 11:46 PM Permalink | Trackbacks | Comments (19)

Bookmark and Share

DINO.... When Sen. Arlen Specter announced that he's switching parties, there were press reports indicating that he told President Obama, "I'm a loyal Democrat. I support your agenda."

On "Meet the Press" this morning, David Gregory asked about health care, with this quote in mind. Specter's response was important.

GREGORY: It was reported this week that when you met with the president, you said, "I will be a loyal democrat. I support your agenda." Let me test that on probably one of the most important areas of his agenda, and that's health care. Would you support health care reform that puts up a government run public plan to compete with a private plan issued by a private insurance company?

SPECTER: No. And you misquote me, David. I did not say I would be a loyal Democrat. I did not say that. And last week, after I said I was changing parties, I voted against the budget because the budget has a way to pass health care with 51 votes, which undermines a basic Senate institution to require 60 votes to impose closure on key issues.... I did not say I am a loyal Democrat.

It's quite a start for Specter's career in Democratic politics, isn't it? In the four whole days he's been a Democrat, Specter has voted against the Democratic budget, rejected a Democratic measure to help prevent mortgage foreclosures and preserve home values, announced his opposition to the president's OLC nominee, and this morning rejected a key centerpiece of the Democratic health care plan.

For years, Republicans criticized Specter as a RINO -- Republican In Name Only. As is turns out, at this point, Specter appears intent on literally being nothing more than a DINO -- Democrat In Name Only. Specter doesn't want to do any of the actual work involved in being a valuable member of his new team, preferring to vote exactly as he used to, only now with a different letter after his name in parentheses.

I suspect party leaders, in DC and Pennsylvania, want to rally behind Specter because a) they feel like he's very likely to win next year as the Democratic nominee; and b) there's a near-automatic tendency to support a Democratic incumbent seeking re-election, even if he/she has been a Democratic incumbent for a matter of days.

But the strategy appears deeply flawed. Obama won Pennsylvania by double digits last year. Casey crushed Santorum in '06 by 18 points. There are real Democrats who can not only win a Senate race next year, but would like to run. For the party to push them away is, under the circumstances, an avoidable mistake.

Specter wants Democratic votes, but doesn't want to earn them. It's a dynamic that practically begs for a primary.

Steve Benen 1:20 PM Permalink | Trackbacks | Comments (88)

Bookmark and Share

IT'LL TAKE MORE THAN JUST TECHNOLOGY.... We've heard quite a bit in recent months about Republicans embracing modern technology to help get the party back on track. House Minority Whip Eric Cantor (R-Va.) told CNN this morning that it's an area the party is beginning to take more seriously.

"President Obama is a great communicator. We understand that," he said in an interview that aired on CNN's State of the Union Sunday. "He's also been very adept at adopting the technology of today to access the youth vote and the younger population of this country. That's the future, and I believe we've got a lot to learn. The Republican Party can't keep doing things the way it always has in terms of technology."

If this sounds familiar, it's because it's become a principal talking point about the GOP's future. We've been told the GOP will mount a comeback "with the Twittering." We've seen candidates for the RNC chairmanship argue over who has more Facebook friends. The Republican Party, rumor has it, is going to go "beyond cutting edge."

This all sounds perfectly nice, I suppose. Last year, the Republican presidential nominee described the vice presidential vetting process as "a google." It certainly couldn't hurt for the party to get up to speed.

But I continue to think GOP leaders misunderstand what's possible with these applications. Yes, the left has generally been more adept at making use of technological advances, but it's been effective, at least in part, because of the substance and vision behind it.

Listening to Republican leaders talk about technology is a bit like listening to an inept advertising agency promising a business that they'll have a strong "online presence" because it'll have a blog and its commercials will be on YouTube.

Let's call it the Republicans' Underpants Gnomes' Innovation Agenda. It's a three-part plan:

Step 1: Embrace blogs, twitter, and social networking websites
Step 2: (awkward silence)
Step 3: Electoral victory!

The Republican Party has deep and systemic problems. Its ideas are unpopular, its policies have failed, and its vision for the future is bankrupt. The GOP's agenda and ideology are out of sync with the nation's needs.

Eric Cantor can tweet the hell out of a proposed five-year spending freeze to address the economic crisis, but it won't make the idea any less ridiculous.

Steve Benen 12:10 PM Permalink | Trackbacks | Comments (26)

Bookmark and Share

WHITE HOUSE RECOMMITS TO DADT REPEAL.... The official White House website updated some issue positions last week and appeared to soften its commitment to repealing the misguided "Don't Ask, Don't Tell" policy. The "civil rights" section of the site said the president supports "changing" the DADT policy, whereas it used to say Obama wants to "repeal" it.

Was this an error? A signal? A temporary shift?

Eric Umansky reports that, fortunately, the White House has addressed the questions by going back to the word "repeal." (via Ryan Powers)

Yesterday afternoon, we noted our handy Changetracker tool had spotted some interesting changes on Whitehouse.gov. In particular, the call to "repeal Don't Ask Don't Tell" had been replaced with softer language saying, President Obama "supports changing Don't Ask Don't Tell in a sensible way that strengthens our armed forces and our national security."

Well, last night the White House reinserted language saying President Obama supports the "repeal" of Don't Ask Don't Tell. The new phrasing: "He supports repealing Don't Ask Don't Tell in a sensible way that strengthens our armed forces and national security."

Good. Now if the White House could follow up on this by actually moving forward on the repeal, that'd be great.

Steve Benen 11:05 AM Permalink | Trackbacks | Comments (8)

Bookmark and Share

QUOTE OF THE DAY.... Chuck Norris, the martial-arts actor, continues to publish a fascinating column for various far-right outlets. His latest piece argues that federal officials are hostile to privatizing education and promoting home-schooling because the government is focused on "indoctrination."

The reason that government is cracking down on private instruction has more to do with suppressing alternative education than assuring educational standards. The rationale is quite simple, though rarely if ever stated: control future generations and you control the future....

Is it merely coincidental that the private choice of home schooling was outlawed by the Soviet state in 1919, by Hitler and Nazi Germany in 1938, and by Communist China in 1949?

Is America next?

The same column included a couple of promotional references to his "new best-selling book" and the "martial arts program for kids in Texas schools" that Norris runs.

Wow.

Steve Benen 10:30 AM Permalink | Trackbacks | Comments (56)

Bookmark and Share

THE NCNA GETS TO WORK.... The newly unveiled National Council for a New America officially launched yesterday, hosting a town-hall like forum for 100 people at a strip-mall pizza shop in a D.C. suburb. Leading the discussion were House Minority Whip Eric Cantor (R-Va.), former Florida governor Jeb Bush (R) and former Massachusetts governor Mitt Romney (R). I've read several reports on the event, and I'm still not sure what the point was.

The initiative reflects the emerging consensus of Republican leaders on how to take on Obama and rebuild their party. Worried that the GOP is being portrayed only as the opposition party, prominent Republicans hope to draw attention to their agenda by using well-known figures such as Bush and Romney to tout their ideas. But they don't believe they need to shift their political views to the left or the right to win.

And therein lies part of the problem. This new initiative is intended to be little more than a fresh coat of paint on a car that no longer runs. There's some value in a discussion that focuses more on Republican policy than politics -- the event reportedly featured very little Obama bashing -- but these GOP leaders don't seem to appreciate the fact that their policies failed miserably and aren't popular with voters.

There were two angles to yesterday's event that were of particular interest. First, there were protestors on hand, but they were Republican critics, not Democrats.

[T]he handful of peaceful protesters out front weren't Democrats -- they were conservatives upset over the new group's agenda and leadership. They brandished signs criticizing McCain, calling the NCNA "RINOs" -- Republicans in Name Only -- and urging them to push for stricter immigration enforcement.

Improving the party's image is going to be tricky when the GOP base likes the right-wing reactionary approach just the way it is.

Those were the Republican activists outside. The Republicans inside failed to offer anything in the way of new thoughts. One concerned citizen insisted that "people learn more from listening to Rush Limbaugh than they do in high school or college." The future of the GOP, indeed.

And second, there were some policy-oriented questions from an obviously Republican-friendly crowd, which spoke to a larger truth. One young person asked what the government can do for people who "have aspirations to college" but can't afford it "because college expenses have gone up." Another asked what government can do "to assist small businesses."

So, at a Republican event with a Republican crowd about the future of Republican ideas, those on hand wanted to hear more about what the government can do for them.

Good luck with that rebranding, guys.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (21)

Bookmark and Share

QUIT WHILE HE'S BEHIND.... Sen. Richard Burr (R-N.C.) recently ran into some trouble after telling voters that when the economic crisis first began, he urged his family to use ATMs to take as much money out of the bank as they could. Burr, in other words, was encouraging a bank run -- a strikingly irresponsible thing for a senator, who should know better, to say.

Looking back, does Burr realize why he was wrong? And why his panic-driven approach would make things worse? Apparently not.

"Absolutely I'd do it [again]," Burr told WFAE, a public radio station in North Carolina. "The exact situation we were faced with was a freeze bank to bank. And as I stated, my attempt was to make sure my wife had enough cash at home to make it through the next week."

But Burr added that the bank in question was never in trouble, which raises questions about why he feared it would run out of cash.

"It was not an attempt to run a bank," Burr said. "Nor was it a bank that was even considered then or now to be in trouble."

Burr, in other words, is still confused. If the bank was never in any trouble, why encourage people to withdraw the maximum as an economic crisis was getting underway? Indeed, why would he repeat this story dozens of times, in front of large audiences?

This really isn't complicated. Burr, a sitting senator seeking re-election next year, has been suggesting to the public that their bank deposits aren't entirely safe. At the first sign of real trouble, Burr thinks people should get to their banks and start withdrawing, just to be safe. That's not only crazy, it's the kind of advice that exacerbates the problem and creates a more intense panic.

Instead of rationalizing a foolish comment, maybe Burr can just acknowledge he said something stupid?

Ironically, about a week ago, Burr boasted that he's so intelligent, he can speak without teleprompters, unlike a certain president. And yet, when Burr comments on the economy, he promotes bank-runs, gets confused about economic growth, and proves that he has no idea how interest rates work.

Sounds like he could benefit from a teleprompter, among other things.

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (12)

Bookmark and Share

CHECKS AND BALANCES.... Maureen Dowd is not usually my cup of tea, but I think she's right to point out the hilarity of Republicans fretting about "checks and balances."

How quaint. The Republicans are concerned about checks and balances.

The specter of Specter helping the president have his way with Congress has actually made conservatives remember why they respected the Constitution in the first place. Senator Mitch McConnell, the leader of the shrinking Republican minority, fretted that there was a "threat to the country" and wondered if people would want the majority to rule "without a check or a balance."

Senator John Thune worried that Democrats would run "roughshod" and argued that Americans wanted checks and balances. Senator Judd Gregg mourned that "there's no checks and balances on this massive expansion on the size of government."

Bill Kristol, the editor of The Weekly Standard, tried to put the best face on it, noting, "This will make it easier for G.O.P. candidates in 2010 to ask to be elected to help restore some checks and balances in Washington."

This is quite touching, given that the start of the 21st century will be remembered as the harrowing era when an arrogant Republican administration did its best to undermine checks and balances. (Maybe when your reign begins with Bush v. Gore, a Supreme heist that kissed off checks and balances, you feel no need to follow the founding fathers' lead.)

Indeed, it's been quite a transformation for congressional Republicans, hasn't it? The same GOP lawmakers used to enthusiastically embrace phrases like "majority rule" and "up-or-down votes." Those who would dare stand in the way of measures endorsed by the president and congressional majorities were "obstructionists" and shameless "partisans." The reconciliation process was deemed a reasonable and judicious use of Senate procedures.

They rejected the very idea of administrative oversight. They saw little value in having a congressional minority even being allowed to offer amendments to legislation.

And as Dowd notes, "checks and balances" was an antiquated concept, too often touted by those with a pre-9/11 mindset. When Congress and the White House were led by members of the same party, they said, a rubber-stamp dynamic was to be expected.

The turnaround has been as fast as it is impressive.

For what it's worth, the "checks and balances" talk is largely misguided. For one thing, it's unlikely to connect with voters. The message, in effect, is, "Support the GOP to help promote gridlock on popular policy initiatives." Not exactly a winning slogan."

For another, Democrats are still Democrats. As the president reminded the press corps the other night, "I've got Democrats who don't agree with me on everything."

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (24)

Bookmark and Share
By: Hilzoy

"He Used ... Sarcasm"

Erick Erickson informs us that "The Obama Thugocracy Has Arrived", and that Obama is "turning to the bully pulpit and the press to beat the hell out of dissenters."

"Beating the hell out of dissenters"? With the White House Press Corps? It all sounded very peculiar, so I clicked the link Erick provided, expecting an account of Obama sending Helen Thomas to a tea party with a truncheon. To my surprise, I found a story about a lawyer for the hedge funds who sent Chrysler into bankruptcy, claiming that Obama had threatened his clients with "the full force of the White House Press Corps". The White House denies the story. But suppose it's true: how does this amount to a "thugocracy", or to "beating the hell out of dissenters"? Luckily, Erick explains:

"Yes, yes, the White House denies the story. But while denying it, the White House was also proving the story true. Barack Obama took to the bully pulpit to heap scorn and derision on the the bankruptcy attorney's hedge funds and money managers."

Ah. I see. He used scorn. He's a veritable Doug Piranha, that President of ours:

"Vercotti: Doug (takes a drink) Well, I was terrified. Everyone was terrified of Doug. I've seen grown men pull their own heads off rather than see Doug. Even Dinsdale was frightened of Doug.

2nd Interviewer: What did he do?

Vercotti: He used... sarcasm."

Though Obama added a twist that even Doug Piranha never thought of: not just scorn, but derision. Next time, he might go even further and add ambition, distraction, and uglification, or even -- I shudder to think of it -- fainting in coils.

I am a bit confused, though. Not by the fact that Erick, who just called a sitting Supreme Court Justice a "goat f*cking child molester", objects to "scorn and derision" -- we all have our moments of weakness. What puzzles me is how someone who thinks that waterboarding is fine and dandy can simultaneously believe that scorn and derision are just too much for the human heart to bear.

Hilzoy 2:15 AM Permalink | Trackbacks | Comments (30)

Bookmark and Share
By: Hilzoy

Erosion

The Washington Post has an article with the headline: "Wage Growth Is Eroding As Firms Rush To Slim Down". It opens with this example:

"In December, Timothy Owner, a trombone player with the Virginia Symphony Orchestra, called his landlord to tell her he might have trouble paying rent around May. He and the orchestra's 53 other full-time members, many of whom are paid less than $30,000 a year, had agreed to a month-long furlough.

The furlough, which ended yesterday, was rough, Owner said. But he and other musicians acknowledged that the alternative could have been worse. "We're less unhappy if this means the orchestra will survive," he said."

Unless Mr. Owner got a really big raise last year, it seems odd to describe the loss of one twelfth of his annual income as "erosion of wage growth", as opposed to a great big decline. But what's even odder is the idea that workers have had much in the way of "wage growth" recently. Consider this chart:

Photobucket

Ten percent over thirty years is not very much. Is it possible to erode a grain of sand?

Hilzoy 12:15 AM Permalink | Trackbacks | Comments (25)

Bookmark and Share
 
May 2, 2009

IN THE ALTERNATE UNIVERSE.... It seems like the conservative media item of the day is a Pajamas Media piece from John Hawkins, perhaps best known as the blogger behind "Right Wing News." Hawkins' item is well worth reading, especially for those who don't usually read conservative blogs, because it helps capture the alternate universe that activists on the right seem to enjoy.

Too often today, liberals are using below-the-belt tactics against conservatives and paying no price whatsoever. Meanwhile, those on the right like to pat themselves on the back for being above it all. This is like a boxer priding himself on never taking off his gloves while his opponent nearly beats him to death with his bare firsts. But in the end, there's not much to be said for lovable losers. Conservatives should realize that fair play isn't going to pay any dividends.

While we conservatives don't have to stoop quite as low as the left has, we do need to start giving them a taste of their own medicine, if only to make them think twice about the way they're treating our side.

Just to be clear, Hawkins isn't kidding. This isn't satire. As he sees it, the left is ruthless, dishonest, and destructive, while the right tries to maintain a sense of classy detachment, disappointed by the cheap and vicious acts of unhinged liberals.

He even has some ideas about how the right can respond to the left's nastiness.

Why don't conservatives do opposition research on the journalists endlessly running stories about Bristol Palin and Joe the Plumber? Have they ever been arrested? Whom do they own property with? Have they ever been paid to do a speech for someone and then run a favorable news story about him? Certainly Keith Olbermann's personal life is just as newsworthy as Joe the Plumber's, and the details of Maureen Dowd's life are just as noteworthy as those of Bristol Palin -- are they not?

Hawkins goes on to argue that conservative groups on college campuses should "shout down" liberal speakers; state lawmakers should refuse to fund universities that hire liberal faculty members; organizations that work with "poverty pimps like Al Sharpton" should be boycotted; and conservatives should file "obscenity complaints with the FCC" against MSNBC and CNN because of the use of the phrase, "Tea Baggers."

The piece also argues that George W. Bush tried to change the "tone" and Fox News "makes more of an effort to be balanced than any of the other networks and all the biggest newspapers in America." Conservatives, Hawkins added, "need to stop playing by Marquess of Queensberry rules," because Americans just aren't acknowledging that activists on the right are "actually nice guys."

Ron Chusid called this the "most delusional blog post ever." That's arguably true, though I do find pieces like this helpful, to the extent that they shed some perspective on how the right perceives the political world.

With that in mind, I wonder what weather is like in their reality.

Steve Benen 2:35 PM Permalink | Trackbacks | Comments (77)

Bookmark and Share

NELSON BEING NELSON.... It's a good thing health care is likely to pass through the reconciliation process. Nelson will have less of a chance to make the reform effort worse.

Sen. Ben Nelson (D-Neb.) said Friday that he will oppose legislation that would give people the option of a public health insurance plan. The move puts him on the opposite side of two-thirds of Americans.

A poll released this week by Consumer Reports National Research Center showed that 66 percent of Americans back the creation of a public health plan that would compete with private plans. Nelson, in comments made to CQ, joins the 16 percent of poll respondents who said they oppose the plan.

Nelson's problem, he told CQ, is that the public plan would be too attractive and would hurt the private insurance plans. "At the end of the day, the public plan wins the game," Nelson said. Including a public option in a health plan, he said, was a "deal breaker."

Instead, Nelson, the Senate's most conservative Democrat, intends to put together "coalition of like-minded centrists opposed to the creation of a public plan," in order to undermine the proposal supported by President Obama and a whole lot of Senate Democrats.

What I find interesting about this, though, is that Nelson worries that the public option would be too popular. The goal, according to Nelson's approach, has less to do with improving the system, and more to do with making sure insurance companies -- the ones whose services Americans may not like -- are protected.

Let's be clear about this. If the reform effort includes a public plan, Nelson is concerned that it will do such a good job of offering quality care at a lower cost that Americans might be inclined to move away from a system that has screwed them over for many years.

This would be a bad thing, says Nelson.

There's a very good reason reconciliation was included in the process. Can a quality bill pass this fall on an up-or-down vote? Yes. Can it get 60 votes? Probably not.

Steve Benen 12:10 PM Permalink | Trackbacks | Comments (32)

Bookmark and Share

NO MONEY FOR YOU.... A religious high school in Southern California a few years ago expelled students school officials believed to be lesbians. Because state law forbids businesses from discriminating on the basis of sexual orientation, the expulsions prompted litigation. A state court ruled that while the school charges tuition in exchange for a service, it isn't covered by California civil rights laws because it's not a "business."

This week, the state Supreme Court left that ruling intact, applying the standard to private schools throughout California.

Over Justice Kathryn Mickle Werdegar's dissent, the court denied review of an appeal by parents of two girls who were expelled from a high school in Riverside County. A lawyer for the parents said the ruling, which is binding on trial courts statewide, would allow private schools to discriminate against students on any basis they chose, including sex and religion.

The girls were juniors at California Lutheran High School in the town of Wildomar when the principal, Gregory Bork, called them to his office in September 2005 and questioned them separately about their sexual orientation, after another student reported postings on their MySpace pages.

Bork suspended the girls based on their answers, and the school's directors expelled them a month later. The girls, who later graduated from another high school, have not been identified and have not discussed their sexual orientation, said their parents' attorney, Kirk Hanson.

Apparently, the school is considered a social organization entitled to follow its principles, whether they're discriminatory or not.

While I found the ruling disappointing, it led to me to think of a message for private religious schools everywhere: no vouchers.

It's simple, really. If a private school wants to discriminate, fine. I don't like it, but it's a private religious entity. Don't, however, discriminate and then ask the government to use tax dollars to subsidize the institution.

Steve Benen 11:45 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

STEELE THE MAGIC SELLOUT.... Perhaps Republican National Committee Chairman Michael Steele should give up on guest-hosting Bill Bennett's conservative radio show. He manages to keep getting himself into trouble.

Take yesterday, for example.

CALLER: It's just like the LA Times said last year or two years ago: He is the magic Negro.

STEELE: Yeah he -- [laughing]. You read that too, huh? [still laughing]

CALLER: Oh yeah. I read that too. Even when things go wrong, he still manages to come out smelling like a rose.

STEELE: Well, yeah.

Ali Frick noted that when Chip Saltsman's distributed a CD with a song called "Barack the Magic Negro," Steele was critical, saying it "reinforces a negative stereotype of the party." Now, however, Steele seems to think it's hilarious.

I'd just add that it's also worth checking out the comments Steele made in February, at the State of the Black Union event, and contrast that with what we're hearing now. At the forum, Steele told a predominantly African-American audience how proud he is of President Obama and how insulted he was by the New York Post's infamous "chimp" cartoon, which Steele said was "a stupid, ignorant cartoon" that "denigrated" the president.

Just a couple of months later, Steele thinks "magic negro" comments are a laugh riot.

And the RNC wonders why its outreach to minority communities tends to go badly.

Steve Benen 11:10 AM Permalink | Trackbacks | Comments (14)

Bookmark and Share

THIS WEEK IN GOD.... First up from the God Machine this week is an interesting trend in American spirituality. While, historically, most Americans join a faith tradition through their families, and stay with it throughout their lives, we're now seeing a surprising number of people switch their affiliations.

Catholics who leave their faith say they drifted away from the church because it did not meet their spiritual needs or they stopped believing in its teachings, according to a new study, while Protestants often tend to cite circumstantial factors, a move, a marriage, or a problem with a particular minister or congregation.

Altogether, Americans are switching in and out of churches at unprecedented rates, with about half of Americans today saying that they have changed their religious affiliation at some point during their lives, according to a study released yesterday by the Pew Forum on Religion & Public Life.

"Americans change religious affiliation early and often and for varying reasons," said John C. Green, a political science professor at the University of Akron who oversaw the study.

A growing number of Americans switch from one tradition to becoming unaffiliated -- now 16% of U.S. adults -- while many more transition from one tradition to another.

There's no modern precedent for these kinds of changes in the nation's spiritual landscape; its cultural and political implications remain to be seen.

Also from the God Machine this week:

* A new Florida program allows people to design custom license plates, and one of the new popular designs shows Jesus Christ on a cross. Having the state offer such a plate raises First Amendment issues, but Gov. Charlie Crist (R) has said he supports giving the public the option.

* 33 churches that deliberately broke federal tax law last year by endorsing political candidates are still waiting for the Internal Revenue Service to take action against them.

* While atheists in the U.S. have often been reluctant to publicly acknowledge their beliefs, a growing number are "coming out of the closet." An NYT report noted this week, "The American Religious Identification Survey, a major study released last month, found that those who claimed 'no religion' were the only demographic group that grew in all 50 states in the last 18 years."

* And TV preacher Pat Robertson, who heads a massive evangelical empire, will take off one of his hats next year, stepping down as president of Regent University, a private Christian college in Virginia he founded in 1978. He will, however, stay on as chancellor.

Steve Benen 10:45 AM Permalink | Trackbacks | Comments (25)

Bookmark and Share

GET TO KNOW RULE IV.... With the Senate Democratic caucus up to 59 seats, chances are pretty good that President Obama's Supreme Court nominee will be confirmed, no matter how big a fit the right throws. Even if Republicans abandon everything they said during the Bush years and launched a filibuster, it'd be pretty difficult to sustain it.

The problem, however, might be getting the nominee to the floor.

The Senate Judiciary Committee has a procedural rule, Rule IV to be specific, that will require judicial nominees to get at least one vote from the minority party in order to advance to a vote of the full Senate. Up until last week, that one vote was likely to be Sen. Arlen Specter, the most moderate Republican on the committee.

Specter has, of course, become an ostensible Dem, and now there are no GOP moderates on the Judiciary Committee.

The current Republican Judiciary Committee members are: Orrin Hatch, Chuck Grassley, Jon Kyl, Jeff Sessions, Lindsey Graham, John Cornyn, and Tom Coburn (Roll Call is reporting that Hatch or Session -- both conservatives -- are Specter's potential successors for the ranking slot). Most of these Republicans are pretty conservative save Graham, who was a member of the Gang of 14 which, you may remember, came up with the solution to avoid the nuclear option on judges.

If Obama comes up with a nominee opposed by the right, Graham will be under a lot of pressure to block the appointment -- essentially an insurmountable committee filibuster. Rahm may want to put Graham's # on speed dial.

For what it's worth, Graham, at least for now, doesn't sound like he's inclined to block the eventual nominee.

"The only way the Obama administration can screw this up is to nominate someone who is a radical," said Sen. Lindsey O. Graham (R-S.C.), a senior member of the Judiciary Committee. Graham said Republicans understood that "you're basically going to replace one liberal with another."

Just one more angle to keep an eye on.

Steve Benen 10:10 AM Permalink | Trackbacks | Comments (31)

Bookmark and Share

OBAMA AND NOTRE DAME.... During Wednesday night's White House press conference, CNN's Ed Henry told the president, "In a couple of weeks, you're going to be giving the commencement at Notre Dame, and as you know, this has caused a lot of controversy among Catholics who are opposed to your position on abortion."

There were a few problems with this premise, most notably the fact that there's ample evidence that Catholics don't consider President Obama's appearance controversial, and tend to agree with him on abortion rights, too.

More than half of the Catholics surveyed by the Pew Research Center who have heard of the dispute -- 54 percent -- say they support the school's choice of a commencement speaker. Just 38 percent of those who have heard about it oppose the idea. Among those who hadn't heard of the controversy, the divide is even greater - 45 percent say fine, 18 percent no.

"These findings are consistent with Catholics' overall views of Obama: A majority voted for him in the 2008 presidential election and express approval of his performance in office thus far,'' Pew reports. "The new findings are also consistent with Catholics' views on abortion and embryonic stem cell research, with pluralities in the poll expressing support for each.'' [...]

"The absence of a general backlash on the part of Catholics to Notre Dame's invitation to Obama may not come as a surprise, given that most Catholics voted for Obama in the 2008 election and give him positive marks for his performance in office thus far,'' Pew notes. [...]

"Catholics' overall approval of Obama is consistent with the fact that many Catholics themselves do not share the Catholic Church's opposition to abortion and embryonic stem cell research,'' Pew reports.

Let's also not forget that while Catholics in general approve of the president and support him appearing at Notre Dame, the university's student body are even more enthusiastic about Obama: "73 percent of Notre Dame students, including 97 percent of its seniors, support the invitation."

So, if Catholics on campus welcome Obama, and Catholics in general support Obama, by what measurement has the scheduled commencement address "caused a lot of controversy among Catholics"?

There are some noisy conservative activists that know how to capture media attention, but in this case, they're not in the mainstream. It seems Ed Henry bought into the hype.

Steve Benen 9:20 AM Permalink | Trackbacks | Comments (43)

Bookmark and Share

NOT A GOOD SIGN.... Paul Krugman noted the other day, "Bobby Jindal makes fun of 'volcano monitoring,' and soon afterwards Mt. Redoubt erupts. Susan Collins makes sure that funds for pandemic protection are stripped from the stimulus bill, and the swine quickly attack. What else did the right oppose recently?"

Well, as it turns out, Sen. David Vitter (R-La.) doesn't want to let the Senate vote on President Obama's nominee to head FEMA.

A Louisiana senator is stalling Florida emergency management director Craig Fugate's nomination as head of the Federal Emergency Management Agency.

Fugate had sailed through his nomination hearing and Monday cleared the Senate Homeland Security and Governmental Affairs Committee by a unanimous voice vote. Republican Sen. David Vitter said, however, that he'd blocked Fugate because of concerns he has with FEMA.

"I have a hold on the FEMA nomination because I sent a list of hurricane recovery questions and projects to FEMA, many of which have not been adequately addressed," Vitter said in a statement. "I'm eager to get full responses and meet with the nominee immediately."

Fugate, of course, was chosen to lead FEMA in large part because of his impressive work responding to hurricanes in Florida. His nomination has garnered bipartisan support and Fugate was supposed to be easily confirmed.

But Vitter, who is seeking re-election next year despite a prostitution scandal that undermined his "family values" agenda, isn't quite satisfied.

Given the recent history with Jindal and Collins, I guess this means we should be bracing for a natural disaster sometime soon.

Steve Benen 8:30 AM Permalink | Trackbacks | Comments (25)

Bookmark and Share

THE FNC 'SNUB'.... On Wednesday night, President Obama held a prime time White House press conference, fielding questions from a variety of news outlets. It lasted about an hour, and is always the case, some news outlets didn't get a chance to ask a question. It's the nature of the process -- some folks are going to get left out. Better luck next time.

And while it's not uncommon to hear some grumbling the morning after a press conference about one outlet or another feeling "snubbed," I can't recall the last time a news outlet whined as incessantly as Fox News is whining now about not getting called on during Wednesday's presser.

Soon after the event, Fox News was complaining. That's hardly odd. But 48 hours later, the carping was still going strong.

Chris Wallace, for example, whined yesterday about the president "boycotting" Fox News, because Fox didn't air the press conference the way the real networks did. (Is "boycott" really the right word here?) Fox News White House correspondent Major Garrett said Friday the president deliberately sought "retribution" against the Republican network. Last night, Sean Hannity was outraged. Glenn Beck whined, "What a surprise. I mean how can the guy face Ahmadinejad but he can't face Fox?"

This is all terribly silly. For one thing, Fox News should be pleased it's even allowed to attend White House press conferences, as if it were a legitimate, professional news outlet. I've always considered it quite generous that the president's team doesn't just dismiss the network as a propaganda machine.

But more important is the fact that the network's incessant complaining overlooks recent history.

It's hard to suggest that Obama doesn't want to "face" Fox News, given that its White House correspondent, Major Garrett, was called on at the two previous prime-time news conferences. When Fox suggested that they were not being given enough access to Obama during last fall's presidential campaign, Garrett actually defended Obama. "[M]ay I point out Obama has done 5 interviews with me and one with Chris Wallace, one with Brit Hume and one with Bill O'Reilly," Garrett wrote in an e-mail obtained by Huffington Post.

Obama decided not to call on Fox News for one press conference, after having called on the network in the two previous press conferences. This is hardly grounds for days of on-air whimpering.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (26)

Bookmark and Share
 
May 1, 2009

FRIDAY'S MINI-REPORT.... Today's edition of quick hits:

* As the H1N1 virus reaches Asia for the first time, the World Health Organization said today the number of confirmed cases stand at 331.

* The AP suggests there's reason for at least some optimism: "The swine flu virus that has frightened the world is beginning to look a little less ominous.... One flu expert says there's no reason to believe the new virus is a more serious strain than seasonal flu."

* President Obama briefly interrupted a White House press briefing today to announce that he'd spoken with Justice Souter, who said he's retiring. The president lauded Souter's tenure and thanked him for his service. Obama hopes to have his nominee confirmed in time for the October session.

* April was the deadliest month for U.S. troops in Iraq in seven months.

* These developments in Iraq will not, however, change the withdrawal plan.

* Eleven Democrats opposed cramdown and screwed over struggling homeowners yesterday. Ryan Grim went and asked all 11 what they were thinking.

* Some still take Condoleezza Rice seriously. I don't know why.

* When it came to Chrysler's future, a couple of "vulture funds" played chicken with the Obama White House. The funds lost.

* I can only hope this was a clerical error and that the White House isn't backing off its commitment of ending "Don't Ask, Don't Tell."

* After quoting Dr. John Reilly, an MIT economist, for months, far-right lawmakers are now attacking him.

* Once in a while, I'm surprised at just how far prominent right-wing bloggers like Erick Erickson will go.

* I wonder if, right about now, Texas Gov. Rick Perry (R) is rethinking the whole "secession" idea.

* Anita Dunn is taking over for Ellen Moran, as the new communications director at the White House.

* Byron York's weak defense.

* Right-wing radio host Jay Severin blamed H1N1 on "some of the world's lowest of primitives in poor Mexico." He was then suspended by his employer.

* The Washington Times, reporting on a Senate Foreign Relations Committee hearing with Maersk Alabama Captain Richard Phillips, said John Kerry "clearly enjoyed a taste of the seaman." Seriously. This is supposed to be a newspaper.

* And finally, Happy "Mission Accomplished" Day. Has it been six years already?

Anything to add? Consider this an open thread.

Steve Benen 5:30 PM Permalink | Trackbacks | Comments (27)

Bookmark and Share

THE REFERENDUM ALREADY HAPPENED.... From the January 29, 2006, broadcast of "Fox News Sunday":

BILL KRISTOL: Let's have a referendum on that in 2006 and 2008. Do they want a liberal Supreme Court, or do they want a moderately conservative Supreme Court?

JUAN WILLIAMS: That's called a presidential election.

What a good point. Remind me, how did those referenda turn out?

Steve Benen 4:55 PM Permalink | Trackbacks | Comments (26)

Bookmark and Share

A TRIP DOWN MEMORY LANE.... A talking point emerges.

...Republicans are eagerly pointing out that Barack Obama, while in the Senate, voted to filibuster the nomination of Samuel Alito to the court.

Well, that's at least accurate. Obama, as a senator, declined to filibuster the Roberts nomination, but opposed cloture on the Alito nomination. On this point, Republicans are not lying or playing fast and loose with reality.

That said, this stroll down memory lane may not be as fruitful for the GOP as they'd like. For one thing, Obama, right around the time of the Alito hearings and floor vote, made a variety of comments that Republicans may find interesting. For example, he told ABC News in January 2006, "[T]here is an over-reliance on the part of Democrats for procedural maneuvers and mechanisms to block the president [on judicial nominees] instead of proactively going out to the American people and talking about the values that we care about. And, you know, there's one way to guarantee that the judges who are appointed to the Supreme Court are judges that reflect our values and that's to win elections."

For another, the more Republicans focus on Obama's efforts during the Bush years, the more it's a reminder of their own efforts during the same period.

In 2005, many Republican Senators went so far as to claim the filibuster of judicial nominees was unconstitutional. Now four year later, with President Obama's first Supreme Court appointment looming, will they remain consistent in their position or commit one of the most blatant acts of hypocrisy in the 220-year history of the United States Senate?

I seriously doubt it. Media Matters assembled quite a list of quotes from prominent Republican senators -- all of whom are still in the Senate and will be voting on Obama's choice -- arguing that filibustering a judicial nominee isn't just wrong, it's literally unconstitutional, at odds with the accepted norms of American government, and a tactic that tears at the heart of the legislative process.

I don't doubt that Republicans will shamelessly pretend none of this ever happened, and will pretend they never said the things they really did say, but I'm looking forward to the rhetorical acrobatics.

Sen. Jim Bunning (R-Ken.) said in May 2005, "The United States Senate faces an unprecedented crisis brought on by the minority party. Judges who have been nominated by the President of the United States to the federal bench have been held up by a filibuster and cannot get a fair up-or-down vote.... We must not let the minority party circumvent the Constitution, and take away the right of the President to have his judicial nominees voted on by a simple up-or-down vote." There are nearly identical quotes from 28 other sitting Republican senators.

How does one get out of that now? I'm sure they'll think of something, but will they be able to say it with a straight face?

Steve Benen 4:05 PM Permalink | Trackbacks | Comments (25)

Bookmark and Share

EXPECTATIONS.... When you think about it, conservative activists haven't had to fight to destroy a Supreme Court nominee in several decades. Clinton had two nominees, and both were confirmed with minimal opposition. Carter didn't fill any vacancies. LBJ had two, and Republicans filibustered Abe Fortas' nomination to be Chief Justice in 1968, but that was over four decades ago, before the modern conservative movement even existed.

So, this is the first real test for the right in contemporary political times, and the various players are obviously gearing up for a knock-down, drag-out fight, which they are, incidentally, very likely to lose.

At this point, before Souter even formally announces his intentions and long before we know who the nominee is going to be, I'd like to offer my friends on the right some advice: lower your expectations.

Early front-runners for the bogeyman nod have cropped up: Darling mentioned Yale University Law School Dean Harold Koh, whom he called "very extreme." [Jay Sekulow, the prominent conservative lawyer who heads the American Center for Law & Justice] specifically called out 2nd Circuit Appeals Court Judge Sonia Sotomayor, an early favorite for the nod, as "to the left of David Souter."

"This is not my ideal situation," said Kay Daly, president of the Coalition for a Fair Judiciary. "Obama could conceivably put a justice onto the bench that literally would make Souter look like [Associate Justice Antonin] Scalia."

Well, yes. Daly's misuse of the word "literally" notwithstanding, a progressive Democratic president, working with a large Democratic majority in the Senate, is likely to nominate a justice who would be "to the left" of a Republican nominee. That's how the game works. Democrats tend to nominate more liberal judges, Republicans tend to nominate conservative judges. It's not complicated. The issue came up repeatedly during the presidential campaign, and Obama won by a large margin anyway.

My point is, conservative activists seem to be all worked up, convinced that they're not going to like President Obama's choice. Guess what? They're not. And if somehow they manage to take down Obama's nominee, and the president picks someone else, they're going to hate his second choice, too.

"This is not my ideal situation," Daly said. You don't say. Since Daly's side lost and only has 40 votes in the Senate, I think that's an understatement. But, really, what do she and Sekulow expect to happen here?

Steve Benen 3:15 PM Permalink | Trackbacks | Comments (47)

Bookmark and Share

KRAUTHAMMER'S WEAK TORTURE DEFENSE.... The first five words of Charles Krauthammer's latest column were terrific: "Torture is an impermissible evil." I haven't agreed with a Krauthammer sentence in years, so this was a delightful surprise. Torture is an impermissible evil, we're not evil, we're not permitted to do the impermissible, so we end up with the right policy. Finally, a consensus.

Regrettably, Krauthammer didn't end the column after the first sentence.

Torture is an impermissible evil. Except under two circumstances. The first is the ticking time bomb. An innocent's life is at stake. The bad guy you have captured possesses information that could save this life. He refuses to divulge. In such a case, the choice is easy. Even John McCain, the most admirable and estimable torture opponent, says openly that in such circumstances, "You do what you have to do." And then take the responsibility.

Some people, however, believe you never torture. Ever.... [It is] imprudent to have a person who would abjure torture in all circumstances making national security decisions upon which depends the protection of 300 million countrymen.

The second exception to the no-torture rule is the extraction of information from a high-value enemy in possession of high-value information likely to save lives. This case lacks the black-and-white clarity of the ticking time bomb scenario. We know less about the length of the fuse or the nature of the next attack. But we do know the danger is great.... We know we must act but have no idea where or how -- and we can't know that until we have information. Catch-22.

Under those circumstances, you do what you have to do. And that includes waterboarding.

The column goes on to explain that torture was an effective method of acquiring intelligence; torture is routinely the most efficient way of gathering information; torture saved American lives; and it's all Speaker Nancy Pelosi's fault anyway.

So, when Krauthammer says torture is an "impermissible evil," he means it, except for the part about it being impermissible, and the part about it being evil.

The Washington Post's Dan Froomkin did a very nice job taking on Krauthammer's entire column, point by point, highlighting the series of errors of fact and judgment. But I just wanted to point out how wildly unpersuasive Krauthammer's two "exceptions" are.

First, the "ticking time bomb" is a tired cliche most often used by people who've seen a few too many episodes of "24." It's fine in the realm of fantasy, but Krauthammer suggests these imaginary scenarios should help shape a federal policy and an exception to the rule of law. That's silly.

And second, the idea that torture is acceptable when officials believe a detainee has "high-value information likely to save lives" is a recipe for creating building-sized loopholes to laws prohibiting torture. Every government or terrorist network can justify all torture with such a ridiculous standard. The Japanese tortured in World War II because they thought they'd captured "a high-value enemy in possession of high-value information likely to save lives." Did that make it right? Did it stop us from labeling their conduct "war crimes"?

As Kevin Drum put it, "Krauthammer's exception isn't an exception. It can justify practically anything, either from us or from anyone else. It's essentially the end of the civilized consensus against torture. Unfortunately, I imagine that's the point."

Steve Benen 2:15 PM Permalink | Trackbacks | Comments (34)

Bookmark and Share

WE'RE ALL VERY BAD PEOPLE.... The National Review's Jay Nordlinger offers some insights on one measurement to evaluate a person's character. (thanks to reader D.D. for the heads-up)

In my experience -- and I'm just generalizing here -- the better the person, the more positive he is about George W. Bush. Certainly the less snarky and narrow. Most of the people I admire most, admire the 43rd president. (Please note that I said "most of the people," not "all of the people.") This is particularly true of those who know something about tyranny, and the need to resist it: e.g., the Dalai Lama.

I was under the false impression that most conservatives had moved away from this kind of Bush cheerleading, and outside of the former president's top aides, the right saw little value in Bush worship. Indeed, I'd assumed the opposite was true -- as the Bush/Cheney presidency became indefensible, the right discovered that Bush wasn't really one of them after all (he spent too much, failed to rein in the size of government, bailed out the financial industry, added bureaucracy, etc.). The idea was to distance themselves from a failed and unpopular president, in order to protect the integrity of the ideology and the party.

Apparently, however, the admiration remains strong in at least some corners.

Steve Benen 1:45 PM Permalink | Trackbacks | Comments (49)

Bookmark and Share

SECESSION ATTITUDES IN GEORGIA.... A couple of weeks ago, there were some disturbing poll numbers out of Texas relating to secession. A Rasmussen poll found that 18% of Texans were willing to admit that they liked the idea of breaking off from the United States. A related poll from Research 2000/DailyKos found 48% of Texas Republicans approving of the idea.

But how about other Southern states? A new Research 2000/DailyKos poll found surprisingly (and depressingly) high support for the idea in Georgia.

Note to the teabaggers: two-thirds of Republicans in one of the more conservative states in the nation love their country and don't want to secede.

This, of course, means that about a third of Georgia Republicans do want out of America, but you can't have everything.

Specifically, the pollster asked respondents in Georgia, "Do you think Georgia would be better off as an independent nation or as part of the United States of America?" About a third (35%) of Georgians overall expressed their support for "independent nation." Among Republicans in Georgia, the number was even higher, 43%.

The pollster also asked a similar question using different wording: "Would you approve or disapprove of Georgia leaving the United States?" This time, 18% of respondents in Georgia backed secession, including 32% of Republicans.

So, Georgia hasn't quite reached Texas-like levels, but it's in the ballpark. And with some Republicans in the state legislature stoking the secession fires, the numbers might still go up.

Steve Benen 1:10 PM Permalink | Trackbacks | Comments (63)

Bookmark and Share

'NEED NOT APPLY'.... Seven of the nine sitting justices on the U.S. Supreme Court are white men. There isn't exactly a cause for concern that white men will be unrepresented at the high court.

halperin.jpg

It was odd, then, to see that Time's Mark Halperin, for the better part of the morning, has featured the headline, "White Men Need Not Apply" at the top of the page of his site. The "need not apply" phrase is generally associated with groups being discriminated against, which makes Halperin's lead story all the more striking.

Now, we don't yet know who the Obama White House might consider for the court, or what the demographic considerations might be, but is it necessarily awful that the president might consider adding a little diversity to the Supreme Court?

Eight of the nine are men. Eight of the nine are white. Given the diversity of the nation, and the qualifications of the vast field of American jurists, maybe it's a good thing if the president sought to improve the imbalances?

Dana Goldstein added, with tongue planted firmly in check, "You know what is so offensive? Those damn P.C. police pressuring the president to place a second woman on the Supreme Court. You know, because it's not embarrassing or anything that although 51 percent of the population is female, only 11 percent of the Court is. And it's not like the Court routinely makes decisions that affect women's health and very autonomy! No, siree. Let's get a white dude in there!"

Steve Benen 12:30 PM Permalink | Trackbacks | Comments (63)

Bookmark and Share

FRIDAY'S CAMPAIGN ROUND-UP....Today's installment of campaign-related news items that wouldn't generate a post of their own, but may be of interest to political observers.

* It appears Sen. Jim Bunning (R-Ken.), after months of insisting otherwise, might be getting ready to retire at the end of his term next year. Kentucky's Secretary of State Trey Grayson (R) formed an exploratory committee yesterday for the Senate race, a step he said he would not take if Bunning sought re-election.

* Rep. Mark Kirk (R-Ill.), as expected, is poised to announce that he's running for the Senate next year. Despite Illinois' Democratic leanings, Kirk appears to enter the race as a competitive candidate.

* While Sen. Arlen Specter clearly expects to run in the Democratic primary next year with minimal opposition, Rep. Joe Sestak (D-Pa.) continues to sound like a possible candidate.

* Speaking of Specter, Sen. Bob Casey (D-Pa.) was initially reluctant to say whether he'd support the former Republicans next year, but Casey told reporters this morning, "I'll support him. It doesn't mean he doesn't have some work to do to go around the state and to listen to people in our party and go through a process. But I think in the end, it is my goal and it has to be my goal to make, which is to make sure we have two Democrats in the Senate in 2011, it is important that we support him I believe."

* Is Sen. Johnny Isakson (R-Ga.) vulnerable next year? He's not on most target lists for vulnerable incumbents, but a Research 2000 poll conducted for Daily Kos shows Isakson leading former Gov. Roy Barnes (D) in a hypothetical match-up by only four points.

* Minnesota Gov. Tim Pawlenty (R) is reportedly eyeing the 2012 presidential race, but he may want to refocus attention closer to home. A new Star Tribune Minnesota Poll shows Pawlenty's approval ratings dropping below 50% for the first time.

Steve Benen 12:00 PM Permalink | Trackbacks | Comments (15)

Bookmark and Share

WHAT MAKES DEMAGOGUERY 'BENEFICIAL'.... We talked yesterday about the ridiculous new attack video from House Republicans, trying to scare the bejesus out of out Americans with an ad connecting President Obama, torture, Gitmo, 9/11, terrorism, Hugo Chavez, and scary music. The GOP's use of scare tactics is hardly new, but this seemed more desperate and panicky than usual.

As for the politics of all of this, it seems like an odd choice. The economy is clearly the number one issue on the minds of voters, and whenever the administration takes up an issue that seems unrelated to the economy, Republican lawmakers tend to have a fit. So why launch a new campaign on national security issues?

I found the Republican defense of the scurrilous video pretty interesting.

"We're quite happy to be talking about national security," said a House GOP leadership aide, who requested anonymity to speak freely about internal strategy.

"It's an issue that traditionally plays well for us," said the aide.

"From a political perspective, it will be beneficial over the long run."

I feel like I've been seeing this a lot in recent weeks. Republicans keep saying that the administration's national security policies are reckless, and defend the baseless attacks on the notion that they'll be "beneficial" for the GOP "over the long run."

Peter Wehner, Bush aide turned media personality, recently had an item that was similar to the House Republicans' ad, effectively predicting terrorism as a result of the president's policies.

[Obama] has taken a series of steps that, particularly as it relates to our intelligence agencies and their capacity to protect Americans from mass death, he, and his countrymen, may well come to regret.... The whirligig of time brings in his revenges.

Jon Chait responded to this, arguing, "Is there any way to read this other than as a prediction that terrorists will attack the U.S. again, and conservatives will blame Obama's anti-torture policies, causing the public to turn on him? Wehner has the requisite disclaimer that he hopes and prays this doesn't happen, but the rest of the post sure makes it sound like Wehner is waiting for terrorists to vindicate him."

And the same is true of the new ad from Boehner & Co. I'm not suggesting Republicans and their media allies want to see a terrorist attack on the United States. I'm suggesting that these voices believe an attack is possible, and they seem a little too anxious to lay the groundwork now so they can exploit a tragedy for partisan gain later.

"From a political perspective, it will be beneficial over the long run." What does that mean, if it doesn't relate to blaming the president for some unknown future catastrophe?

Steve Benen 11:15 AM Permalink | Trackbacks | Comments (37)

Bookmark and Share

'HARRY & LOUISE' LOOKED FAIR BY COMPARISON.... We've known for a while that Rick Scott and his Conservatives for Patients' Rights group were going to play a very unhelpful role in the debate over health care reform. Looking over Scott's new ad, we're getting a sense of just how spectacularly dishonest Conservatives for Patients' Rights is prepared to be.

Scott: Deep inside the stimulus bill Congress buried an innocent-sounding board, the Federal Coordinating Council for Comparative Effectiveness Research. It's not so innocent. It's the first step in government control over your health care choices. This federal council is modeled after the national board that controls Britain's health system. Listen to Britain's Dr. Karol Sikora about what happens to patients once the government takes over.

Sikora: They'll lose their own choice completely. Lose control of their own destiny within the medical system.

Scott: Not only could a government board deny your choice in doctors but it can control life and death for some patients. Ask Canada's Dr. Brian Day about bureaucrats rationing care.

Day: Patients are languishing and suffering on wait lists. Our own Supreme Court of Canada has stated that patients are actually dying as they wait for care.

Scott: Tell Congress you won't trade your doctor for a national board of bureaucrats. Let's put patients first.

I've looked for the slightest bit of honesty in this ad, and I literally can't find any.

The claim about the Federal Coordinating Council for Comparative Effectiveness Research is patently false. The claim that the government will have "control over your health care choices" isn't even remotely true. The notion that Obama's plan is similar to Britain's and Canada's health care systems is just ridiculously wrong.

But the closer one looks at the ad, the even more dishonest it becomes. Richard Scott relies on Dr. Brian Day, former head of the Canadian Medical Association, without noting that Day considers the current health care system in the U.S. -- the one Conservatives for Patients' Rights hopes to defend -- as the one thing Canada should go out of its way to avoid.

For that matter, if they want to talk about patients "languishing and suffering on wait lists" and "waiting for care," perhaps Conservatives for Patients' Rights would be interested to know that's already happening in the U.S. under the status quo.

Despite the overwhelming deceit, both CNN and Fox News have already begun airing the ad, and Scott's far-right group has invested $1 million to keep in on the air for a while. The Service Employees International Union has asked both networks to pull the commercial, describing it as "unfit to air."

Here's hoping SEIU is successful.

Steve Benen 10:40 AM Permalink | Trackbacks | Comments (29)

Bookmark and Share

WE'RE LIKELY TO HEAR A LOT OF THIS.... In February, when Supreme Court Justice Ruth Bader Ginsburg's health concerns made it seem like a high court vacancy was imminent, President Obama got quite a bit of advice from the media establishment. This item, from Newsweek's Stuart Taylor, is the kind of perspective we're probably going hear a lot of as the White House weighs a replacement for Justice David Souter.

Conservatives concede that the Democrat-led Senate would almost certainly confirm any Obama nominee, absent any damaging revelation. But the more liberal the nominee, the more contentious the confirmation hearings will be. The president's stance as a consensus builder might suffer if his first choice seems likely to support liberal causes such as gay marriage. [...]

When it's Obama's turn to pick a nominee, he'll either sacrifice some political good will or he'll upset his base. There's not much middle ground.

This is exactly the kind of perspective the White House would be wise to ignore, no matter how common it becomes among the chattering class.

The argument is straightforward: while Bush picked rigidly conservative justices, Obama should only consider centrists. To do otherwise might upset Republicans and "sacrifice" political "good will."

Except, of course, Republicans are going to be upset anyway -- assuming Obama doesn't nominate a Federalist Society member -- and have no intention of offering any "good will." If the president picks a high court nominee solely on the basis of Republican sensibilities and avoiding a "contentious" process, he'll be unnecessarily governing from a position of weakness. That's backwards -- Obama enjoys strong approval ratings and a huge Democratic majority in the Senate.

When all is said and done, one of any president's lasting legacies is the jurists he/she picks for the high court. Why worry about whether the discredited minority party is happy with his choice?

As Digby noted in February, "It's pretty clear that [Obama] will be expected to nominate moderate judges who aren't considered 'activists' or risk a full blown hissy fit of epic proportions and once again be said to risk his agenda. ('Give me everything I want, or I'll accuse you of partisanship!') If Obama worries about that, he'll end up pushing an already right wing court further right, and that is unthinkable."

If the White House is open to suggestions, I might recommend Dahlia Lithwick's recent piece on the kind of justice Obama should consider. Lithwick argued that Obama should, in effect, look for a liberal Scalia -- a persuasive and passionate visionary with a decidedly progressive worldview.

Steve Benen 10:00 AM Permalink | Trackbacks | Comments (48)

Bookmark and Share

WHO WOULD JESUS TORTURE?.... A variety of policy positions are generally associated with evangelical Christians. Abortion, for example, is a moral wrong. So is gay marriage. Pre-marital sex, pornography, and adultery are also all morally offensive, inconsistent with their spiritual values.

Torture, however, is fine.

According to a new study from the Pew Forum on Religion and Public Life, those who attend church at least weekly are more prone to say that torture is justifiable. Suffice it to say that, in the eyes of those who support the use of torture, Khalid Sheikh Muhammad and Abu Zubaydah do not have the seal of God on their foreheads.

A combined 54 percent of at-least-weekly church-goers say torture is either often or sometimes justifiable; for those who attend monthly or a few times a year, that figure is 51 percent; for those who do not attend, it is 42 percent.

Evangelicals, according to the survey, are more prone to saying torture is justifiable than members of the nation's other two main Christian groups: so-called "mainline" Protestants and white, non-Hispanic Catholics. Unaffiliateds -- a conglomerated group of atheists, agnostics, and those who say their religion is "nothing in particular -- support torture the least: 40 percent say it's justifiable often or sometimes.

I'm happy to let theologians speculate as to why this is, but Adam Serwer's concerns were very much in line with my own: "[T]here is a large number of people committed to preventing consenting adults from having sex or getting married because of their sexual orientation who nevertheless think it's okay to beat or waterboard people and shove them in tiny boxes."

Steve Benen 9:30 AM Permalink | Trackbacks | Comments (63)

Bookmark and Share

A CULTURAL SHIFT.... With four states now allowing gay couples to legally marry, some conservatives predicted a public backlash. The American "mainstream," they argued, would see these developments as too much change, too quickly, and the trend would only help the conservative push against marriage equality and give a rallying cry to the GOP base.

Recent evidence suggests their predictions had it backwards. As same-sex unions become more common, public acceptance is growing, not shrinking.

This week, a NYT/CBS poll found that 42% support gay marriage, an all-time high, while only about a fourth of the country is opposed to any legal recognition.

Yesterday, ABC News released a similar poll with even more encouraging results.

At its low, in 2004, just 32 percent of Americans favored gay marriage, with 62 percent opposed. Now 49 percent support it versus 46 percent opposed -- the first time in ABC/Post polls that supporters have outnumbered opponents.

More than half, moreover -- 53 percent -- say gay marriages held legally in another state should be recognized as legal in their states.

The surprise is that the shift has occurred across ideological groups. While conservatives are least apt to favor gay marriage, they've gone from 10 percent support in 2004 to 19 percent in 2006 and 30 percent now -- overall a 20-point, threefold increase, alongside a 13-point gain among liberals and 14 points among moderates.

When support for gay marriage among self-identified conservatives triples over the course of five years, it's safe to say the culture wars aren't going well for the right.

Now, in fairness, not all poll results are as encouraging. While CBS shows 42% support for marriage equality, and ABC puts the number at 49%, Quinnipiac released a poll yesterday that put the number at 38%. And while that's disappointing, the good news in the Quinnipiac poll was that a majority of respondents support ending the "Don't Ask, Don't Tell" policy, allowing civil unions, allowing same-sex couples to adopt children, and having states recognize gay unions from states where marriage equality already exists. (There's also some concern that the wording of the Quinnipiac question on gay marriage might have skewed the results a bit.)

Nevertheless, the larger trend is unmistakable -- conservatives are losing this fight and the culture is unlikely to shift back in their direction.

The right hoped for a backlash, but Americans saw gay marriages become more common, and noticed that civilization remained unaffected.

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share

SOUTER, OBAMA, AND THE COURT.... When Supreme Court Justice David Souter didn't hire clerks for the next term, that should have been a pretty big hint.

Justice David H. Souter plans to retire at the end of the term in June, giving President Obama his first appointment to the Supreme Court, four people informed about the decision said Thursday night.

Justice Souter, who was appointed in 1990 by a Republican president, the first George Bush, but became one of the most reliable members of the court's liberal wing, has grown increasingly sour on Washington and intends to return to his home state, New Hampshire, according to the people briefed on his plans. One official said the decision might be announced as early as Friday.

The departure will open the first seat for a Democratic president to fill in 15 years and could prove a test of Mr. Obama's plans for reshaping the nation's judiciary. Confirmation battles for the Supreme Court in recent years have proved to be intensely partisan and divisive moments in Washington, but Mr. Obama has more leeway than his predecessors because his party holds such a strong majority in the Senate.

A month ago, Supreme Court Justice Ruth Bader Ginsburg said President Obama would "surely" be able to choose a new justice "soon." Looks like she was right. It will be the first vacancy under a Democratic president in 15 years.

A few angles to consider this morning.

Why is Souter stepping down?

Souter, 69, clearly never enjoyed life in D.C., preferring quiet seclusion in New Hampshire. The Washington Post's report noted, "A friend who ran into him last summer in Concord said he was surprised by just how strongly Souter spoke about wanting to leave Washington. 'He said, 'If Obama wins, I'll be the first one to retire.'"

Will this change the balance of the high court?

That's highly unlikely. Souter is one of the court's more progressive voices, so Obama is poised to replace one liberal with another. The key, however, is age and longevity -- Obama may choose a youthful justice, who can be a progressive voice for decades to come.

Who's likely to get the nomination?

It's obviously very early -- NPR broke the story just 10 hours ago -- but speculation is already focused on a handful of names. Some of the leading contenders include federal appeals court judges Sonia Sotomayor and Diana Pamela Wood, Solicitor General Elena Kagan, and Georgia Chief Justice Leah Ward Sears. The early buzz is focused heavily on Sotomayor, who would be the Supreme Court's first Hispanic justice.

Salon republished a list of possible nominees this morning, as did ScotusBlog's Tom Goldstein. Sam Stein has a few replacement possibilities as well. (You'll notice, of course, that there's quite a bit of overlap among the lists.)

What should we expect from the confirmation hearings?

With the Democratic caucus at 59, chances are pretty good that Obama's nominee will get confirmed. How Republicans will act, however, is less clear.

As far back as November, literally just a few days after the election, Arizona Sen. Jon Kyl (R) the second-ranking Republican in the Senate, threatened to filibuster any of Obama's Supreme Court nominees he considered insufficiently conservative. That was 11 weeks before Obama was even inaugurated.

With this in mind, and given the GOP freak-out over uncontroversial cabinet nominees like Kathleen Sebelius, a severe Republican temper tantrum is likely, no matter who the president nominates. If for no other reason, the minority party will see some value in working the base into a frenzy of hot-button cultural issues.

Just when it seemed the political world couldn't get any more interesting, one more huge task is added to the president's to-do list.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (35)

Bookmark and Share
By: Hilzoy

Paul Krugman Asks An Excellent Question

Paul Krugman's column today is on the costs of cap and trade:

"If emission permits were auctioned off -- as they should be -- the revenue thus raised could be used to give consumers rebates or reduce other taxes, partially offsetting the higher prices. But the offset wouldn't be complete. Consumers would end up poorer than they would have been without a climate-change policy.

But how much poorer? Not much, say careful researchers, like those at the Environmental Protection Agency or the Emissions Prediction and Policy Analysis Group at the Massachusetts Institute of Technology. Even with stringent limits, says the M.I.T. group, Americans would consume only 2 percent less in 2050 than they would have in the absence of emission limits. That would still leave room for a large rise in the standard of living, shaving only one-twentieth of a percentage point off the average annual growth rate.

To be sure, there are many who insist that the costs would be much higher. Strange to say, however, such assertions nearly always come from people who claim to believe that free-market economies are wonderfully flexible and innovative, that they can easily transcend any constraints imposed by the world's limited resources of crude oil, arable land or fresh water.

So why don't they think the economy can cope with limits on greenhouse gas emissions? Under cap-and-trade, emission rights would just be another scarce resource, no different in economic terms from the supply of arable land."

Krugman is right. One of the main points of markets is to provide incentives to people to use their ingenuity to solve problems in the most efficient way. Cap and trade is a straightforward market solution to a straightforward market failure. There's no earthly reason why anyone who believes in the marvelous benefits of markets to decide that when it comes to reducing carbon emissions, those benefits will magically cease to exist.

Hilzoy 2:50 AM Permalink | Trackbacks | Comments (11)

Bookmark and Share
By: Hilzoy

No, We Shouldn't Close The Border. Sigh.

In the wake of the swine flu outbreak, we have the inevitable calls for closing the borders with Mexico (h/t):

"A spokesman for Rep. Trent Franks, R-Ariz., said Wednesday night that Franks believes the border should be closed right now except in critical cases or situations involving emergency personnel.

Sen. John McCain, R-Ariz., said all options should be considered to end the crisis involving swine flu, "including closing the border if it would prevent further transmission of the deadly virus."

In a twitter message early Wednesday, McCain wrote "I said to Napolitano, 'We need to be prepared to close the border with Mexico if the swine flu outbreak escalates further.'""

Regrettably, this idiocy seems to be bipartisan:

"Rep. Eric Massa (D-N.Y.) said the border should be closed until the threat is resolved.

"The public needs to be aware of the serious threat of swine flu, and we need to close our borders to Mexico immediately and completely until this is resolved," Massa said in a statement."

Closing the border is a silly idea. For one thing, in case these Congresspeople hadn't noticed, swine flu is already here. For another, it would cost a lot of money:

"One 2007 study by the Brookings Institution estimated, for example, that a 95% reduction in U.S. air travel would cost the economy $100 billion a year."

And that's just air travel. Shutting down the border with Mexico would mean shutting down all US-Mexican trade. That would do serious damage to both economies.

Besides all that, closing the border would be very unlikely to work, even if the border were a lot less porous than it is. The short explanation is: there are several factors that determine how effective you'd need your border closing to be in order to keep enough infected people out. The first is how infectious the disease is. Basically, you want your public health measures to bring the average number of people that a person with the disease you're worried about infects below 1, since if every person who's infected infects, on average, less than one person, the disease will die out. If you know how infectious the disease is, that tells you how successful your interventions will need to be to achieve that result.

If, in the absence of any public health measures (and any built-up immunity), an infected person will infect, on average, 1.1 people, then you don't need your various measures to be all that perfect in order to contain the disease. If, on the other hand, an average person would infect, say, 6 people in the absence of public health measures and immunity, then your public health measures have to work very, very well if you want to contain an epidemic.

(One way to think of it is this: once people are in your country, they will start infecting people, and if the average number of people that each person infects is over 1, the number of infected people will begin to increase exponentially until enough people are resistant to the disease, or dead. Your border control efforts, regrettably, will probably not increase exponentially. If the average number of people that each person infects is in the normal range for the flu -- 1.5-4 -- and the disease has a short incubation period, which the flu does, this means that in fairly short order, the number of people infected within your country will begin to swamp the number of people you're keeping out.)

Unfortunately, the swine flu is pretty infectious, partly because no one has partial immunity to it. It also spreads fast. For that reason, you'd need a border closing, or any kind of movement restrictions, to be very effective if you wanted to block it. One thing that helps make movement restrictions effective is having a readily sealable border -- the sort that a very small island nation might have. Obviously, the US does not have such borders.

It also helps if the disease you're trying to keep out has the right sort of profile, and specifically, if it produces symptoms before it makes people infectious. If you have a disease like that, you can screen people for the symptoms, the way Tokyo is trying to do by using heat sensors in its airport to spot people with fevers. If you get all the people with symptoms, you will get all the infectious people, who are the ones you need to spot if you're trying to contain an epidemic. You can also hope that people who develop symptoms will realize that they're sick and decide not to travel.

Unfortunately, the flu is infectious for about a day before people develop symptoms. That means that any attempt to screen people at the border will not work. (So much for those heat sensors.) You'd have to keep everyone out, period. We can't do that even without an influenza epidemic; I have no idea why anyone thinks we would suddenly be able to do it now.

Earlier today, Ezra linked to a World Bank review of the literature on containing pandemic flu. It explains the pros and cons of various measures, and estimates of their likely effect, quite well (if a bit wonkily.) The discussion of travel restrictions starts on p. 30, though some of the terminology is defined earlier. The takeaway message is that even very effective border controls, including shutting down almost all air traffic, would have very little effect.

This is worth bearing in mind more generally. Whenever a new disease pops up, people start talking about closing borders, quarantines, and so forth. It's generally a good idea to isolate people who actually have the disease, to urge people to voluntarily refrain from hanging out in crowded places, and so forth. But quarantining people who might have been exposed means violating their civil liberties, and shutting down borders means taking a serious economic hit. In both cases, you'd need some assurance that taking these steps will actually achieve something that makes those costs worthwhile.

If a disease (a) is pretty infectious and (b) makes people infectious before they develop any symptoms, then neither border controls nor quarantines are likely to work, absent very special circumstances (e.g., someone develops a very serious disease like ebola on an airplane, where you really can completely control the airplane's exits.)

If you hear someone talking about shutting down borders or quarantining people who are not already ill, if the disease they're worried about is reasonably infectious, and if people with that disease are infectious before they're symptomatic, and if you do not live in a small and remote island nation, then it's a pretty safe bet that that person don't know what s/he's talking about. We should expect better from our Senators and Representatives.

Hilzoy 1:11 AM Permalink | Trackbacks | Comments (22)

Bookmark and Share
 




 

 

Contribute to Washington Monthly

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for Free News & Updates

Advertise in WM



buy from Amazon and
support the Monthly


Place Your Link Here

--- Links ---

Drug Rehab

Krill Oil

Rehab

Addiction Treatment Centers

Alcohol Treatment Center

Loans

Long Distance Moving Companies

FREE Phone Card

Engagement Rings

Flowers

Personal Loan

Personal Loans

Addiction Treatment

Phone Cards

Less Debt = Financial Freedom

Addiction Treatment Programs

Bad Credit Loans