Early Projections On Control Of The Senate

If you want another source besides Nate Silver’s site at FiveThirtyEight for information to make an educated guess about control of the Senate, check out Electoral-vote.com. The page has a map of all the states which links to the latest polls from each state. As an example of how close things are, today’s projection shows the Democrats with 49 seats, the Republicans with 50, and one tied. The Democrats retain control if they can maintain fifty seats due to Vice President Biden casting the deciding vote in a tie.

The tie is in Iowa, which does seem to give the Democrats a fighting chance of winning the 50th seat based upon this projection. FiveThirtyEight gives Democratic candidate Bruce Braley a 55 percent chance of winning that race.

Some of the states are classified as barely leaning towards one party and there is no doubt that some of these (and perhaps other) states will change. For example, Electoral-vote.com has Mary Landrieu barely leading in Louisiana. FiveThirtyEight gives her a 45 percent chance of winning, and predicts that this race will come down to a run-off in December. With control of the Senate very possibly coming down to a single seat, we can easily have a situation where we are waiting until the December run-off, which would then turn into an extremely high profile race.

The Democrats also face a tough challenge in North Carolina despite this state being listed as barely Democratic. FiveThirtyEight sees it as even tighter, giving Kay Hagan a 50 percent chance of winning.

Other races could also provide the Democrats with the 50th seat should the other races go as Electoral-vote.com predicts. They currently have Colorado listed as barely Republican, while FiveThirtyEight gives Mark Udall a 60 percent chance of winning. At this point I would place more credence in a human projection than in Electoral-vote.com’s projections based purely on the polls.

These sites certainly do not provide an answer as to who will win. The next question would be the impact of winning with Ezra Klein joining many other political writers in seeing a Republican controlled Senate as further increasing the chances that the Democratic presidential candidate will win in 2016. Will this keep Hillary Clinton from campaigning for Democrats this fall despite the risk of ill will from some Democrats?

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Tea Party Has Republicans Afraid To Discuss Scientific Consensus On Climate Change

ocean temperature increase

Republicans must say idiotic things to get elected, often denying science, but that does not mean that all elected Republicans are idiots. Bloomberg has discussed the scientific consensus on climate change with many Republicans. While well ninety-seven percent of climate scientists agree on how human action has caused global warming, rank and file Republican remains in denial, often seeing this as stemming from a left wing conspiracy. Republicans must play to this attitude even if they know better:

In stark contrast to their party’s public stance on Capitol Hill, many Republicans privately acknowledge the scientific consensus that human activity is at least partially responsible for climate change and recognize the need to address the problem…

In Bloomberg BNA interviews with several dozen former senior congressional aides, nongovernmental organizations, lobbyists and others conducted over a period of several months, the sources cited fears of attracting an electoral primary challenger as one of the main reasons many Republicans choose not to speak out.

Most say the reluctance to publicly support efforts to address climate change has grown discernibly since the 2010 congressional elections, when Tea Party-backed candidates helped the Republican Party win control of the House, in part by targeting vulnerable Democrats for their support of legislation establishing a national emissions cap-and-trade system…

While environmental groups continue to search for Republican candidates to back, Goldston said the Tea Party movement has swept many more deniers of climate change into Congress than ever before, and it has pushed Republicans away from basic environmental principles. He disagreed with others who said many Republicans privately acknowledge the risks of climate change, even if they don’t say so publicly.

“It’s very comforting for people to think that these people are pretending,” Goldston said. “It’s not true. The problem would be in many ways easier to solve if it was true.”

Chris Miller, who served as a senior energy policy adviser to Senate Majority Leader Harry Reid (D-Nev.), agreed with Goldston’s assessment that the Tea Party has made it “impossible” for Republicans to speak on the issue.

“I have had no or very few private and honest interactions with Republicans on the topic,” Miller told Bloomberg BNA. “They’re all too scared of speaking the truth.”

It is ironic that Republicans are now afraid to express support for cap and trade considering that this was largely a Republican idea in the past, similar how Republicans now oppose aspects of the Affordable Care Act which were initially advocated by Republicans such as the individual mandate and selling insurance through exchanges.

In order to oppose the scientific consensus on climate change, conservatives frequently spread false claims and distort statements from scientists. For example, Rebecca Leber recently described how conservatives misquoted climate scientists to promote their claims that global warming is on hiatus:

Norman Loeb, an atmospheric scientist with NASA, gave a crash course in climate change science for the public at Virginia Air and Space Center on Tuesday. He talked about all the evidence that the planet is warminglike the fact that temperatures right now are the hottest they’ve been since record-keeping began in 1850. He also noted that the rise in surface temperatures has slowed considerably since 2000. This doesn’t contradict the theory of global warming, he explained. Land temperature regularly varies, and much of the warming in the last decade is happening unseen in the ocean.

The same day, the frequently conservative-leaning Washington Times ran a short story on the talk. It said that a prominent NASA scientist had admitted global warming is on “hiatus.” As the writer explained, “The nation’s space agency [has] noticed an inconvenient cooling on the planet lately.”

It was pretty much the opposite of what Loeb was trying to say. But it’s not an isolated incident. Conservatives love to cite the relative stability of global surface temperatures for the last 15 years as proof that climate change is a hoax. And they frequently twist the words of scientists to do it. I read or hear versions of this argument all the timefrom outlets like Forbes, National Review, and Fox News. Sometimes the conservatives even talk about “global cooling,” joking that maybe we should be more worried about that, instead. This sort of commentary probably helps explain why still find that just 67 percent of Americans accept that humans cause climate change, even though there is nearly unanimous scientific consensus.

Needless to say, the conservatives have it all wrong. And the science really isn’t that hard to understand…

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Left and Right Join Together To Oppose Militarization Of Police

Police Missouri

The militarization of the police force seen with the shooting in Ferguson, Missouri has led to another case of portions of the left and right joining together. This includes a push for legislation in Congress with the backing of both the American Civil Liberties Union and Gun Owners of America.:

Groups on the left and right are uniting behind calls to end what they say is the rise of a “militarized” police force in the United States.

They say the controversial police tactics seen this week in Ferguson, Mo., are not isolated to the St. Louis County Police Department and warn the rise of heavily armed law enforcement agencies has become an imminent threat to civil liberties.

“What we’re seeing today in Ferguson is a reflection of the excessive militarization of police that has been happening in towns across America for decades,” said Kara Dansky, senior counsel for the American Civil Liberties Union (ACLU).

The ACLU is aligned with Sen. Rand Paul (R-Ky.) and groups on the right who are calling for an end to a controversial Defense Department program that supplies local police departments with surplus military equipment, such as armored tanks, machine guns and tear gas.

According to the Defense Logistics Agency, more than $4 billion in discounted military equipment has been sold to local police departments since the 1990s.

“Why are those guns available to the police?” asked Erich Pratt, spokesman for the conservative Gun Owners of America. “We don’t technically have the military operating within our borders, but they’re being given the gear to basically operate in that capacity.”

Gun Owners of America and the ACLU are both backing a forthcoming bill from Rep. Hank Johnson (D-Ga.) that would curtail the sale of DOD weapons to local police departments.

More libertarian factions of the Republican Party are speaking out on this issue:

The killing of 18-year-old Michael Brown by a police officer in Ferguson, Mo., has produced a rare and surprisingly unified response across the ideological spectrum, with Republicans and Democrats joining to decry the tactics of the city’s police force in the face of escalating protests.

Most notably, the reactions reflect a shift away from the usual support and sympathy conservatives typically show for law enforcement in such situations. Although possibly unique to the circumstances of the events in Missouri this week, the changing reaction on the right is clear evidence of a rising and more vocal libertarian wing within the Republican Party.

No better sign of that came Thursday than in an article by Sen. Rand Paul (R-Ky.) published on Time’s Web site.

“If I had been told to get out of the street as a teenager, there would have been a distinct possibility that I might have smarted off,” he wrote. “But, I wouldn’t have expected to be shot.”

In his piece, Paul criticized what he called the growing militarization of local police forces. “There is a legitimate role for the police to keep the peace,” he wrote, “but there should be a difference between a police response and a military response.”

This comes as a change from what we generally expect from Republicans:

Since Richard M. Nixon made cracking down on crime a central issue of his 1968 presidential campaign, Republicans have held themselves up as the alternative to a Democratic Party they have derided as soft on issues of law and order. But an appetite for changes in the criminal justice system has been building among Republicans, many of whom believe the tough-justice approach has run its course.

Mr. Paul, Senator Rob Portman of Ohio and Representative Paul D. Ryan of Wisconsin are among those who say that the federal and state governments need to rethink the way convicts are sentenced and imprisoned, arguing that the current system is inhumane and too costly.

Mr. Paul’s remarks on Thursday were similar to those of other leading conservatives who have weighed in on the events in Ferguson.

“Reporters should never be detained — a free press is too important — simply for doing their jobs,” Senator Ted Cruz, Republican of Texas, wrote on his Facebook page on Thursday, reacting to news that journalists from The Washington Post and The Huffington Post had been held by the police. “Civil liberties must be protected, but violence is not the answer.”

Erick Erickson, a conservative writer, took to Twitter to question why the police needed to display so much firepower. “It is pretty damn insane that people who spend all day writing speeding tickets,” he wrote, “hop in tanks with AR-15s at night.”

But not all conservatives are as concerned about the civil liberties aspects:

Other conservatives have focused on instances in which chaos has broken out in the streets. Images and headlines on The Drudge Report and Breitbart.com have singled out acts of violence among demonstrators and shown looters breaking store windows…

In much of the conservative news media, the protesters in Ferguson are being portrayed as “outside agitators,” in the words of Sean Hannity, the Fox News host.

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Obama Runs Against The Haters In The Do-Nothing Congress

Republicans have the edge going into the midterm elections considering the traditional disadvantages of a president’s party in the sixth year, but considering the negatives faced by the Republicans there is still a question of whether campaigning against them will improve the outcome for Democrats. Obama spoke out against them today (video above). He criticized Congressional Republicans for their inaction in solving current problems, pointing out the economic gains despite their obstructionism:

“They have not been that helpful,” Obama told a crowd in a local theater. “They have not been as constructive as I would have hoped and these actions come with a cost.”

The House is set to vote later on Wednesday on legislation authorizing a lawsuit against Obama over his use of executive actions, particularly to delay ObamaCare’s employer health insurance mandate.

Obama highlighted the administration’s successes in boosting the economy, saying that his administration caused the bounce-back reflected in statistics released Wednesday that showed 4 percent growth in the second quarter.

He noted that the 6.1 percent unemployment rate is the lowest since September of 2008. But he blamed Republicans for preventing him for doing more for every day Americans.

“We could do so much more if Congress would come on and help out a little bit,” he added. “Stop being mad all the time. Stop. Stop just hating all the time. C’mon … I know they’re not happy that I’m president but that’s okay. I got a couple of years left. C’mon … then you can be mad at the next president.”

The president slapped the GOP for the lawsuit. “Instead of suing me for doing my job, I want Congress to do its job.”

Obama criticized the Republican lawsuit as a stunt and did not mention impeachment. John Boehner has been using the lawsuit as a means to appease many Republicans who have called for impeachment, with impeachment talk backfiring against Republicans and helping Democratic fund raising

On Tuesday, the chairman of the Democratic Congressional Campaign Committee said the party had raised $7.6 million online since Boehner announced the suit in June, including $1 million collected Monday alone after incoming House Majority Whip Steve Scalise (R-La.), during a network television interview, repeatedly refused to rule out the possibility of impeachment.

I heard that interview with Steve Scalise on Fox News Sunday and found him to be very evasive on what should have been home turf for him. Republicans like Scalise like to have it both ways. They claim that the impeachment talk is coming from Democrats for fund raising purposes but many refuse to rule out the possibility in order to keep the Republican base happy. One Republican was honest enough to say that the lawsuit was just for show, but then went on to show what many Republicans really have in mind

Rep. Walter Jones (R-N.C.) told The Hill that the lawsuit, spearheaded by Speaker John Boehner (R-Ohio), is “theater, is a show.”

Jones, who will vote no on the legislation that is scheduled to hit the House floor on Thursday, said he prefers impeaching Obama.“Why not impeach instead of wasting $1 million to $2 million of the taxpayers’ money? … If you’re serious about this, use what the founders of the Constitution gave us,” Jones said.

Democrats have been raising campaign donations on the prospects of impeachment. GOP leaders have stressed repeatedly they are not going to impeach Obama.

Boehner on Tuesday said that the notion that Republicans would impeach Obama is a “scam” drummed up by Democrats to boost their campaign coffers.

Other Republicans who have expressed support for impeachment include Reps. Louie Gohmert (Texas), Steve Stockman (Texas) and Michele Bachmann (Minn.).

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No Signs Of A Wave Election So Far

Nate Cohn looked at the small amount of generic Congressional polling there is available and concluded, consistent with other indicators, that there is no sign of a wave election this year. The polls he looked at showed an average 1.9 percent advantage for the Democrats over Republicans. Cohn wrote:

These findings bear no resemblance to the one-sided results at this point in 2010, when Republicans held a clear 4.7-point advantage, or in 2006, when Democrats were ahead by 10.1 points. The current slight Democratic edge is fairly similar to what generic ballot surveys showed in the days ahead of the 2012 presidential election.

It’s important to emphasize that these polls are of registered voters, not likely voters. Previous years’ surveys were also of registered voters. The Republicans probably have a slight advantage among the older and whiter electorate that’s likely to participate this November. But that’s a separate matter from national political conditions.

While some have predicted a Republican wave based upon Obama’s unpopularity in the polls, the fact that both Congress and the Republican Party have even worse favorability ratings must count for something. The actual result seems to be a decreased turn out at the polls in primary elections so far this year, possibly indicating that voters are fed up with everybody. There is still quite a while until the election, and an unforeseen event still might tilt things towards either party.

The lack of a Republican wave, assuming things stay as they are, should limit the expected loses by Democrats which we would normally see in the sixth year of a presidency. Unfortunately the Republicans are in a good position to take control of the Senate without a wave as the Democrats are forced to defend several Senate seats in red states which they picked up in 2008.

As it now stands, the Republicans have a very slight edge to take the Senate, but there are a number of reasons that Democratic incumbents might still hold onto enough seats to narrowly maintain control. The Hobby Lobby might get more single women to turn out to vote for the Democrats.  Republicans still could find ways to lose elections which are now close, such as with a call for nullification of federal laws by the states by the Republican Senate candidate in Iowa:

Joni Ernst, the Republican nominee for U.S. Senate in Iowa, appears to believe states can nullify federal laws. In a video obtained by The Daily Beast, Ernst said on September 13, 2013 at a form held by the Iowa Faith & Freedom Coalition that Congress should not pass any laws “that the states would consider nullifying.”

“You know we have talked about this at the state legislature before, nullification. But, bottom line is, as U.S. Senator why should we be passing laws that the states are considering nullifying? Bottom line: our legislators at the federal level should not be passing those laws. We’re right…we’ve gone 200-plus years of federal legislators going against the Tenth Amendment’s states’ rights. We are way overstepping bounds as federal legislators. So, bottom line, no we should not be passing laws as federal legislators—as senators or congressman—that the states would even consider nullifying. Bottom line.”

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Three Reasons Democrats Might Retain Control Of The Senate

Republicans have an excellent chance to gain control of the Senate this year due to a combination of Republican voters traditionally turning out in higher percentages in midterm elections and the need for Democrats to defend several seats in red states. Current projections from most sources give the Republicans a slight edge but there are a few reasons to believe that the Democrats might hold on to one or two more seats than projected, and retain control of the Senate:

1) The power of incumbency:

Democrats must hold onto seats in red states, but they are states that Democrats have won once before, even if in a presidential election year which was more favorable to Democrats. While they don’t have this advantage in 2014, having candidates running as incumbents might increase the chance of winning. Since 2000 Democratic Senate candidates have usually won reelection in the south, despite their states going heavily to the Republicans in presidential elections. Polls are showing that incumbent southern Democrats remain competitive.

2) Women voters:

Republican hostility towards reproductive rights and attempts to restrict access to contraception as well as abortion has many women voters angry, hopefully enough to turn out to vote. The Hobby Lobby decision might also motivate women.

With their Senate majority at stake in November, Democrats and allied groups are now stepping up an aggressive push to woo single women — young and old, highly educated and working class, never married, and divorced or widowed. This week they seized on the ruling by the Supreme Court’s conservative majority, five men, that family-owned corporations do not have to provide birth control in their insurance coverage, to buttress their arguments that Democrats better represent women’s interests.

But the challenge for Democrats is that many single women do not vote, especially in nonpresidential election years like this one. While voting declines across all groups in midterm contests for Congress and lower offices, the drop-off is steepest for minorities and unmarried women. The result is a turnout that is older, whiter and more conservative than in presidential years…

Single women, Democrats say, will determine whether they keep Senate seats in states including Alaska, Colorado, Iowa, Michigan and North Carolina — and with them, their Senate majority — and seize governorships in Florida, Pennsylvania and Wisconsin, among other states.

The party is using advanced data-gathering techniques to identify unmarried women, especially those who have voted in presidential elections but skipped midterms. By mail, online, phone and personal contact, Democrats and their allies are spreading the word about Republicans’ opposition in Washington — and state capitals like Raleigh — to pay equity, minimum wage and college-affordability legislation; abortion and contraception rights; Planned Parenthood; and education spending.

3) Black Southern Voters:

Black southern voters have long voted Democratic, but now might turn out in high enough numbers to influence the results. Republican efforts to prevent them from voting might backfire, motivating more blacks to turn out:

Southern black voters don’t usually play a decisive role in national elections. They were systematically disenfranchised for 100 years after the end of the Civil War. Since the days of Jim Crow, a fairly unified white Southern vote has often determined the outcome of elections.

This November could be different. Nearly five decades after the passage of the Voting Rights Act, black voters in the South are poised to play a pivotal role in this year’s midterm elections. If Democrats win the South and hold the Senate, they will do so because of Southern black voters.

The timing — 50 years after the passage of the Civil Rights Act and 49 years after the passage of the Voting Rights Act — is not entirely coincidental. The trends increasing the clout of black voters reflect a complete cycle of generational replacement in the post-Jim Crow era. White voters who came of age as loyal Democrats have largely died off, while the vast majority of black voters have been able to vote for their entire adult lives — and many have developed the habit of doing so.

This year’s closest contests include North Carolina, Louisiana and Georgia. Black voters will most likely represent more than half of all Democratic voters in Louisiana and Georgia, and nearly half in North Carolina. Arkansas, another state with a large black population, is also among the competitive states…

Democrats lamented low black turnout for decades, but Southern black turnout today rivals or occasionally exceeds that of white voters. That’s in part because black voters, for the first time, have largely been eligible to vote since they turned 18. They have therefore had as many opportunities as their white counterparts to be targeted by campaigns, mobilized by interest groups or motivated by political causes.

Mr. Obama is part of the reason for higher black turnout, which surpassed white turnout nationally in the 2012 presidential election, according to the census. But black turnout had been increasing steadily, even before Mr. Obama sought the presidency. In 1998, unexpectedly high black turnout allowed Democrats to win a handful of contests in the Deep South; in 2002, Ms. Landrieu won a Senate runoff with a surge in black turnout.

The Supreme Court’s decision last year to strike down a central provision of the Voting Rights Act unleashed a wave of new laws with a disparate impact on black voters, including cuts in early voting and photo-identification requirements.

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The Secret To Success In The Senate

warren paul

Congress has a record low approval rating, which perhaps is why the most successful Senators appear to be those who haven’t spent much time there. Barack Obama sure didn’t waste much time in the Senate before successfully running for president. Hillary Clinton is a special case as her time in the Senate is only a small part of her resume, but she didn’t spend very much time there either. The most popular Senator from each party today very well might be a freshman. Both have ignored the old tradition for new Senators to be fairly quiet.

On the Democratic side, Elizabeth Warren has received the most enthusiastic support. There is even a Ready For Warren web site, despite her statements that she has no plans to run for president. She has spoken out the most on economic issues, but is now wading into social issues as well with her comments on the Hobby Lobby case:

I’ll be honest – I cannot believe that we are even having a debate about whether employers can deny women access to birth control. Guys, this is 2014, not 1914 . Most Americans thought this was settled long, long ago. But for some reason, Republicans keep dragging us back here – over and over and over again.

On the Republican side, Rand Paul has generated the most excitement. As his foreign policy views are out of step with those of his party, there are real questions as to whether he has a chance to win a Republican presidential nomination. Gallup found that he falls just slightly behind Mike Huckabee among potential Republican candidates at this time. Aaron Blake looked at other polls to show that Paul is in a strong position to possibly win in both Iowa and New Hampshire, which certainly would give him strong momentum towards winning the nomination. Should Paul manage to win the nomination, a Quinnipiac poll shows that Paul is the strongest Republican candidate against Clinton in Iowa. Of course that might not hold nation wide.

A Huckabee versus Paul race for the Republican nomination would certainly offer a choice of different views. A presidential race between Paul and Warren would do the same, and most likley excite many on both the left and right far more than, say, another campaign between a Bush and a Clinton. Of course a race between Clinton, as opposed to Warren, and Paul is far more likley considering the state of the Democratic race. As I discussed previously, this would lead to a reversal in partisan foreign policy perspective, with the Democrats having the hawk as a candidate. As Peter Beinart pointed out, she sounded more like George Bush than a Democrat on foreign policy on her recent appearance on The Daily Show.

Updates: Digby also questions Clinton’s statement. Politico reports that Warren rallies the base. John Dickerson thinks a Warren run would be a good thing–but primarily to provide a worthy conversation and to “force Clinton to draw clear lines about what she believes, why she’s running, and why her message is something more than ‘It’s my turn.'” I would be more interested in a challenge to Clinton from the left which could actually beat her for the nomination, but that doesn’t look likely.

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Liberal Democrats and Libertarian Republicans Working On Common Goals

Republicans have always had a libertarian wing but their influence and willingness to fight for true freedom has varied over time. Far too often Republican talk of freedom turns into the freedom of businesses to ignore necessary regulations or the freedom to impose their social and religious values upon others. Limited government also far too often turns out to mean reducing the authority of the federal government in order to allow state governments to infringe upon the rights of minorities. With true defense of freedom being rare among Republicans in recent years, it was good to see a report from The New York Times that Liberals and Libertarians Find Common Ground in House.

The article lists several areas where some Republicans have crossed the aisle to work with liberal Democrats:

From abortion to electronic privacy to background checks for gun purchases, a strange thing has been happening on the floor of the House as it debates its spending bills for the coming fiscal year: the stirrings of liberalism.

The House on Thursday voted 221 to 200 to approve an amendment by one of its most vocal liberal members, Representative Rosa DeLauro, Democrat of Connecticut, to ban federal contracts for companies that set up sham headquarters in offshore tax havens like Bermuda. Thirty-four Republicans bucked their party to push it to passage.

That was only the most recent stirring of life on the House’s left flank. Democrats have long hoped they could find common cause on at least some issues with the Republican conference’s libertarian wing. That is starting to happen, fueled by rising distrust of government on the right, a willingness of Democrats to defy the Obama administration in some instances and a freewheeling amendment process on appropriations bills.

The article cites examples of liberals and libertarians working together on legislation to increase individual liberty, from medical marijuana to privacy protections:

The tally of left-libertarian legislation is growing, with the House at least on record voting to limit federal law enforcement actions, intelligence efforts and social policy reach. On May 30, 49 Republicans crossed the aisle to approve language barring the federal government from raiding medical marijuana dispensaries.

“Some people are suffering, and if a doctor feels that he needs to prescribe something to alleviate that suffering, it is immoral for this government to get in the way,” said Representative Dana Rohrabacher, Republican of California, once one of the chamber’s most ardent conservatives, now a co-sponsor of the marijuana measure.

The day before, 76 Republicans joined Democrats to add $19.5 million to the federal instant background check system for gun purchases. The House Appropriations Committee has approved an amendment to allow Peace Corps volunteers who become pregnant by rape to have a federally funded abortion and another measure limiting the federal government’s access to private email communications.

“By passing this amendment, the Appropriations Committee is taking a critical step towards ensuring all Americans are protected by the Fourth Amendment — their mail, documents on their desks at home, and now their private emails,” said Representative Kevin Yoder, Republican of Kansas and one of the measure’s authors.

On June 19, the House voted 293 to 123 to prohibit the National Security Agency and C.I.A. from placing “backdoor” surveillance technologies on commercial technology products and to end warrantless collection of Americans’ online activities. That amendment, passed over the White House’s objections with a veto-proof margin, was written by Representative Thomas Massie, Republican of Kentucky and one of the House’s most outspoken libertarians, with the Democratic Representatives Zoe Lofgren, who represents Silicon Valley, and Rush D. Holt of New Jersey, a physicist.

An amendment by Representative Dave Reichert, Republican of Washington, reversed cuts to a Bill Clinton-era program that funds local police forces, a program long on the Republican target list. The liberal Democrat that Republicans love to hate, Representative Alan Grayson of Florida, convinced just enough Republicans to pass an amendment blocking the Justice Department from compelling journalists to divulge confidential sources. Another Democratic amendment clears a legal path for states to cultivate industrial hemp.

To be sure, Republicans note, plenty of amendments have driven spending bills to the right. Just last week, the House voted to block the Obama administration’s efforts to combat climate change on multiple fronts, including one amendment that prohibits any funding for any aspect of the administration’s “climate change agenda.”

Amendments also have passed to end the deferring of deportations of immigrants brought illegally to the country as children, to fund a Justice Department investigation of the Department of Homeland Security’s release of illegal immigrants and to block high-speed rail in California.

But, Mr. Massie said, the libertarian-liberal alliance is real and growing. He said he has been working with Ms. Lofgren on legislation that would repeal a federal law that makes it a felony to unlock a cellphone tied to a particular carrier, even after a contract is expired. Libertarians are also teaming with Democrats to change laws on federal mandatory minimum sentencing.

It would be helpful if left-libertarian goals were a higher priority from the executive branch. Obama had initially raised hopes that he would have governed as more of a left-libertarian, and Obama did receive some libertarian support when initially running for president. While he has been far preferable to George Bush on civil liberties, he has disappointed civil libertarians in areas ranging from continuing many of the Bush surveillance plans (even if seeking reform in some areas) to failing to keep his campaign promises regarding ending federal raids related to medical marijuana. While nothing is a certainty in politics, it looks most likely that Hillary Clinton, who has been to the right of Obama, is likely to win the 2016 nomination. This could leave it up to such a liberal and libertarian coalition in Congress to pursue liberal goals. There is hope for greater emphasis by the Democrats (and possibly some Republicans) on matters of personal freedom in the future as polls show that younger voters are more “determined to protect personal liberties from conservative moral constraint.”

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Boehner Throws Small Business Owners Under The Bus In Order To Find Suit To File Against Obama

The weakness of Republican efforts to paint Barack Obama as a dictator who has been abusing his presidential powers have been shown to be a sham with John Boehner’s attempt to find grounds for a law suit against Obama. Boehner, in a desperate attempt to ward off the Tea Party fanatics who are pushing for impeachment, decided on filing a frivolous law suit against Obama instead. For years Republicans have made all sort of claims of executive overreach under Obama, after ignoring real cases of abuse of executive power under Bush and Cheney. With all their screaming of a dictatorial president out of control, all Boehner could come up with was a complaint that Obama postponed enforcing the penalties in the employer mandate contained in the Affordable Care Act by two years.

The biggest irony here is that Republicans opposed the Affordable Care Act and the employer mandate (despite previous Republican support for mandates before Obama called for them). Republicans are suing Obama for failing to enforce a law which they opposed. Obama granted the two year extension in order to make it easier for small business to comply with the Affordable Care Act. With this suit, Boehner and the House Republicans are taking a stand in opposition to the interests of small business owners.

Of course Republicans had no objection when George Bush made a similar delay durinig implementation of the Medicare D program. Clearly if there was any validity to any of the other Republican complaints against Obama’s use of power they would use a different case for the lawsuit. As Brian Buetler posted, John Boehner’s Lawsuit Against Obama Proves the President Isn’t Lawless.

Obama is correct in calling this a political stunt and had these comments on the do-nothing Congress:

As long as Congress will not increase wages for workers, I will go and talk to every business in America if I have to. There’s no denying a simple truth: America deserves a raise, and if you work full-time in this country, you shouldn’t live in poverty. That’s something that we all believe.

Now, here’s where it gets interesting. There are a number of Republicans, including a number in the Texas delegation, who are mad at me for taking these actions. They actually plan to sue me. Now, I don’t know which things they find most offensive — me helping to create jobs, or me raising wages, or me easing the student loan burdens, or me making sure women can find out whether they’re getting paid the same as men for doing the same job. I don’t know which of these actions really bug them.

The truth is, even with all the actions I’ve taken this year, I’m issuing executive orders at the lowest rate in more than 100 years. So it’s not clear how it is that Republicans didn’t seem to mind when President Bush took more executive actions than I did. Maybe it’s just me they don’t like. I don’t know. Maybe there’s some principle out there that I haven’t discerned, that I haven’t figure out. You hear some of them — ‘sue him,’ ‘impeach him.’ Really? Really? For what? You’re going to sue me for doing my job? Okay.

I mean, think about that. You’re going to use taxpayer money to sue me for doing my job — while you don’t do your job.

There’s a great movie called ‘The Departed’ — a little violent for kids. But there’s a scene in the movie where Mark Wahlberg — they’re on a stakeout and somehow the guy loses the guy that they’re tracking. And Wahlberg is all upset and yelling at the guy. And the guy looks up and he says, ‘Well, who are you?’ And Wahlberg says, ‘I’m the guy doing my job. You must be the other guy.’ Sometimes, I feel like saying to these guys, ‘I’m the guy doing my job, you must be the other guy.’

So rather than wage another political stunt that wastes time, wastes taxpayers’ money, I’ve got a better idea: Do something. If you’re mad at me for helping people on my own, let’s team up. Let’s pass some bills. Let’s help America together.

It is not clear what will become of this suit. The first question is whether the House has legal standing to file the suit. If it does proceed it is certainly possible that both Bush and Obama technically broke the law in extending deadlines independent of Congress. Even should there ever be a  ruling against Obama, it will not make much of a difference. By the time it works through the courts the issue will no longer matter as the temporary extension will be coming towards an end, if not already ended. It is over a pretty minor issue in the implementation of the Affordable Care Act and will have no bearing on the overall law. It is a pretty empty gesture by Boehner, but he has no real grounds to support right wing rhetoric that Obama has abused executive power.

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Republican Benghazi Consipracy Theory Shot Down Again

Repeated investigations of Benghazi have debunked the Republican conspiracy theories but that doesn’t keep Darrell Issa from continuing to try to find someone who will give testimony which agrees with him. Newly released testimony confirms yet again that his witch hunts have been failures as nine military officers disputed the common Republican claim that either Barack Obama or Hillary Clinton gave an order to “stand down” to deny military protection to the embassy. From AP:

The testimony of nine military officers undermines contentions by Republican lawmakers that a “stand-down order” held back military assets that could have saved the U.S. ambassador and three other Americans killed at a diplomatic outpost and CIA annex in Benghazi, Libya.

The “stand-down” theory centers on a Special Operations team of four — a detachment leader, a medic, a communications expert and a weapons operator with his foot in a cast — who were stopped from flying from Tripoli to Benghazi after the attacks of Sept. 11-12, 2012, had ended. Instead, they were instructed to help protect and care for those being evacuated from Benghazi and from the U.S. Embassy in Tripoli.

The senior military officer who issued the instruction to “remain in place” and the detachment leader who received it said it was the right decision and has been widely mischaracterized. The order was to remain in Tripoli and protect some three dozen embassy personnel rather than fly to Benghazi some 600 miles away after all Americans there would have been evacuated. And the medic is credited with saving the life of an evacuee from the attacks.

Transcripts of hours of closed-door interviews with the military leaders by the House Armed Services and Oversight and Government Reform committees were made public for the first time on Wednesday. The Associated Press had reviewed the material ahead of its release.

Rep. Darrell Issa, R-Calif., chairman of the Oversight panel, has suggested Hillary Rodham Clinton gave the order, though as secretary of state at the time, she was not in the military chain of command.

Despite lingering public confusion over many events that night, the testimony shows military leaders largely in agreement over how they responded to the attacks…

Fox has been the primary source of the “stand-down” conspiracy theory and we can be sure that Darrell Issa will continue to try prove the claims coming from Fox no matter how many people testify that the claims are untrue.

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