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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Sarah Palin Adds New Litmus Test To Far Right Wing GOP Agenda: Impeaching Obama

sarah palin

There were times when Republicans were divided by real ideological differences, such as the Goldwater versus Rockefeller wings of the party. Since then nearly the entire Republican Party has moved so far to the extreme right that not only would Rockefeller be too liberal but so would Barry Goldwater with his strong opposition to the religious right. In the 1960′s conservative leaders such as William F. Buckley, Jr. worked to keep extremists such as the Birchers out of the GOP. Now their modern day equivalents in the Tea Party set the agenda for the party, with internal party debates limited to matters of how far to go in their tactics.

Dana Milbank described the current position of the Republican Party:

Imperial Japan taught its soldiers that death was preferable to surrender. The tea party’s code is similar: Stand firm, regardless of the odds of success or the consequences of failure. I’ve argued before that the struggle between the Republican establishment and the tea party is no longer about ideology — establishment figures have mostly co-opted tea party views — but about temperament.

It has become the amiable vs. the angry, the civil vs. the uncivil, a conservatism of the head vs. a conservatism of the spleen. The division now is between those who would govern and those who would sooner burn the whole place to the ground…

In past years Ronald Reagan would not hesitate to raise the debt ceiling to cover the nation’s debts. Now the Republican establishment fights with the Tea Party over whether to shut down the government over this.

Sarah Palin has now established a new litmus test for the establishment versus bat-shit crazy Republicans–impeachment of Barack Obama over immigration:

Without borders, there is no nation. Obama knows this. Opening our borders to a flood of illegal immigrants is deliberate. This is his fundamental transformation of America. It’s the only promise he has kept. Discrediting the price paid for America’s exceptionalism over our history, he’s given false hope and taxpayer’s change to millions of foreign nationals who want to sneak into our country illegally. Because of Obama’s purposeful dereliction of duty an untold number of illegal immigrants will kick off their shoes and come on in, competing against Americans for our jobs and limited public services. There is no end in sight as our president prioritizes parties over doing the job he was hired by voters to do. Securing our borders is obviously fundamental here; it goes without saying that it is his job

President Obama’s rewarding of lawlessness, including his own, is the foundational problem here. It’s not going to get better, and in fact irreparable harm can be done in this lame-duck term as he continues to make up his own laws as he goes along, and, mark my words, will next meddle in the U.S. Court System with appointments that will forever change the basic interpretation of our Constitution’s role in protecting our rights.

It’s time to impeach; and on behalf of American workers and legal immigrants of all backgrounds, we should vehemently oppose any politician on the left or right who would hesitate in voting for articles of impeachment.

This could cause new dilemmas for Republicans who fear primary challenges from the right but hope to avoid looking too extreme in a general election. Aaron Blake outlined the choices Republicans now have:

If a significant pro-impeachment portion of the conservative base does materialize — and that’s a big “if” — it will put Republican lawmakers in the unenviable position of responding to questions about whether they, too, agree with the idea of impeachment.

From there, there are three options:

1) Oppose impeachment and risk making yourself a target in the 2016 primary
2) Try to offer a non-response that doesn’t really support or oppose impeachment
3) Support impeachment and, while likely saving your own hide from becoming a target, exacerbate the problem with the larger Republican Party.

So just why is the whole impeachment talk bad for the GOP?

Well, as we’ve said before, it throws a sizable and unpredictable variable into what was already shaping up to be a good election year for Republicans. That same could be said for the Benghazi investigation (though that effort appears to have the support of the American people). The name of the game for the GOP right now is maintaining their edge and trying to win back the Senate. Everything else is noise.

Secondly, it lends credence to Democrats’ argument that Republicans are controlled by the extreme wing of their party. And to the extent that Democrats can make the 2014 election a referendum on the GOP’s conduct in Congress (see: government shutdown), it’s to their benefit.

Lastly, impeachment is a very difficult issue to press. Even in the late 1990s, when an American president had an affair in the White House and then lied about it, support for impeachment was still well shy of a majority — as low as 30 percent.

John Boehner has been caught in the middle of the disputes between the establishment and the Tea Party. If he was really in control he seems like the type who might be willing to compromise with Obama, as Tip O’Neil compromised with Ronald Reagan, and then get back out on the golf course. He has come out against impeachment, realizing what a disaster proceeding with impeachment would be for the Republicans. Once again, this is purely a difference in opinion regarding tactics, with Boehner preferring his frivolous lawsuit against Obama. Paul Begala had this to say about the lawsuit:

As political stunts go, Boehner’s is too transparent for my tastes. And I say this as a guy who has perpetrated some serious stunt work in my political career.
Boehner’s not a bad guy. One gets the sense he’d rather be sharing Marlboros and merlot with Obama than taking him to court. But he is a SINO: Speaker in Name Only. The tea party is driving the GOP train these days, which explains the frequent train wrecks. So, perhaps to appease the tea party bosses, Boehner has decided to sue the President.

But appeasement never works. Highly influential conservative blogger and pundit Erick Erickson calls the Boehner lawsuit “taxpayer-funded political theater” and notes that some of Boehner’s complaints about Obama are political, not legal or constitutional.

Then there’s the small problem of hypocrisy. As the progressive group Americans United for Change notes in this clever ad, Boehner has long opposed citizens’ rights to sue corporations over, say, defective products or gender discrimination in the workplace. He rails against “frivolous lawsuits” — until he decides to file one.

A second way Boehner is being hypocritical is his support for robust executive authority when George W. Bush was exercising it. Bush issued far more executive orders than Obama, going so far as to use his executive authority to authorize waterboarding, which Sen. John McCain flatly describes as torture and a “violation of the Geneva Conventions.”

So, to be clear: Dubya uses his executive authority more often — including to turn Americans into torturers — and Boehner goes along. But Obama uses his executive authority to give businesses more flexibility in complying with Obamacare or to extend family leave to gay couples, and Boehner literally wants to make a federal case of it.

There is no longer any principle behind the actions of Republicans. They supported Bush and Cheney while they  lied the country into a disastrous war, crashed the economy in order to transfer more wealth from the middle class to the ultra-wealthy, and ignored the Constitution with theories such as the Unitary Executive which would give virtually unlimited power to the President and/or Vice President. Now Republicans are united on an extremist, far right wing platform while they fight over matters such as whether to shut down the government or to impeach versus sue the president with no real justification for either.

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What The Republicans Got Wrong On Iraq

Iraq Republican Predictions

Why is anyone still listening to these people?

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Sarah Palin’s Lost Email

When not inventing conspiracy stories regarding Benghazi, conservatives are preoccupied with conspiracy theories about the IRS, primarily spread by looking at investigations of conservative groups while ignoring similar investigation of progressive groups. The lost email has further excited them, despite a policy of only backing up email on IRS servers for about six months, making the claims of lost email appear quite plausible. Surely conservatives are capable of understanding the consequences of government inefficiency, such as a poor backup policy.

Of course the same conservatives who see a conspiracy here showed no concern over the 22 million lost emails under Bush during the controversy over the improper dismissal of U.S.  attorneys for political reasons (when, contrary to the IRS case, there was real evidence on wrong doing). Similarly they ignore the manner in which the Bush administration broke the law by using outside email accounts to avoid detection.

If we are seeing rampant hypocrisy among conservatives, the most flagrant, not surprisingly, is Sarah Palin. Despite all her attacks on Obama over the lost email (which would have nothing to do with him even if Lois Lerner really was hiding something), Palin had a number of missing email of her own:

Perhaps Palin forgot what it was like to be the subject of a similar investigation exactly three years earlier after her office released her emails to the press. On June 13, 2011, the Anchorage Daily News reported that “Nearly a month of former Gov. Sarah Palin’s emails are missing from the documents released to media organizations last week, a gap that raises questions about what other emails might also be missing from what’s being nationally reported as her record as Alaska governor.”

According to the documents Palin’s office provided, she sent no official emails from between December 8, 2006 and December 29, 2006, in other words her first full month in office. As the paper put it, “That means zero emails during a period during which, among other things, Palin put out her proposed state budget, appointed an attorney general, killed the contract for a road out of Juneau and vetoed a bill that sought to block state public employee benefits to same-sex couples.”

The Anchorage Daily News that the gap was due to Palin’s preponderance to use a personal Yahoo email account instead of the official state account, thereby allowing her to hide certain communication from public view. The first email Palin was on record as sending came on January 2, 2007, one month after she took office.

If the IRS deliberately destroyed evidence of wrongdoing by “losing” emails, that would be unacceptable. So far, there is no concrete evidence that that is what happened. Similarly, Palin’s camp never offered an explanation for the missing emails from her office and we will likely never know if they were intentionally trying to hide specific actions.

Either way, Palin’s decision to focus her anger on missing emails has more than a whiff of hypocrisy.

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Republicans Plan Frivolous Law Suit Against Barack Obama’s Use of Executive Power

After over fifty votes to repeal the Affordable Care Act the Republicans are in the need for another gimmick. John Boehner believes he has come up with a new one in suing Barack Obama for doing what he supported when Bush was president. Republicans are giving up their claimed opposition to frivolous law suits to sue Barack Obama for issuing Executive Orders despite the fact that Obama has used issues far fewer executive orders and signing statements than other recent president such as George Bush. As Paul Waldman wrote:

It’s irresistible to charge Republicans with hypocrisy, especially given the fact that they were unconcerned when the Bush administration pushed so vigorously at the limits of presidential power. Bush and his staff regularly ignored laws they preferred not to follow, often with the thinnest of justifications, whether it was claiming executive privilege to ignore congressional subpoenas or issuing 1,200 signing statements declaring the president’s intention to disregard certain parts of duly passed laws. (They pushed the limits of vice presidential power, too—Dick Cheney famously argued that since the vice president is also president of the Senate, he was a member of both the executive and legislative branches, yet actually a member of neither and thus not subject to either’s legal constraints. Seriously, he actually believed that.)

It is certainly hypocritical for Republicans to object to abuse of executive power after they backed Dick Cheney and George Bush’s claims on the Unitary Executive with virtually unlimited power. It is also notable that the problem stems from Republican abuses in the Congress which are responsible for the current gridlock which necessitates executive action.

This flip flop on executive orders includes Speaker Boehner personally:

President Obama has issued about 180 executive orders — a power that has been utilized by every president since George Washington except for the brief-tenured William Henry Harrison — and taken other executive actions. A Boehner spokesman denounced these as “a clear record of ignoring the American people’s elected representatives and exceeding his constitutional authority, which has dangerous implications for both our system of government and our economy.”

But Boehner embraced the power of a Republican president to take action, even at times when he would circumvent Congress by doing so. President George W. Bush’s issued hundreds of orders of his own over his eight years in office. In 2001 and 2007, Boehner strongly supported unilateral actions by Bush to prevent embryonic stem-cell research involving new embryos, saying the 2001 decision “preserves the sanctity of life and allows limited research that could help millions of Americans suffering from life-threatening diseases.” He endorsed a 2008 Bush executive order to limit earmarks. In the final days of Bush’s second term, he even wrote to the president asking him to use an executive order to exempt a historic steamboat from safety regulations after Congress opted not to do so.

Boehner even pushed for administrative compliance with one of President Obama’s executive orders. In 2010, he asked Obama for a progress report on implementation of an executive order banning taxpayer funding for abortion in Obamacare. In a letter to then-Secretary of Health and Human Services Kathleen Sebelius, he noted that the order had “paved the way” for the law’s passage and that the lack of update on implementation “does little to diminish widespread skepticism about the administration’s commitment to enforcing the Executive Order and preventing the law law from increasing federal support for abortion.”

Most likely this comes about in response to demands from the far right wing base. It has cost the Republicans a fortune to block most Tea Party challenges in the primaries this year. In the process the establishment Republican Party has become almost as radical as the Tea Party and is forced to pull stunts such as this. It is largely a way to appease those who are demanding impeachment after the Republicans saw how that worked for them when they tried it against Bill Clinton. I imagine many Democrats would love to see the Republicans try impeachment. For now they will have to settle for this, already using the threatened law suit to raise money.

Democrats have been more successful than Republicans in raising money so far this year with small Democratic donors contributing more to the Democrats than people like the Koch Brothers are donating to the Republicans.  This is undoubtedly coming from a small percentage of the country which is more politically engaged. Ideally we would have a higher percentage of the voters outraged by the Republican tactics and abuse of the democratic process. This is unlikely to occur as the Democrats lack the ability to make an issue out of the ways in which the Republicans abuse the system. Of course it is harder to make voters aware of such problems in a country in which only 40 percent are aware of which party controls which house of Congress.

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Peter Beinart Says It All: Hillary does learn from her mistakes. But only after the damage is done.

Bush Clinton

Peter Beinart has an article on A Unified Theory of Hillary in today’s issue of National Journal.The entire article is worth reading but one line really sums up the article and my overall opinion of Hillary Clinton: “Hillary does learn from her mistakes. But only after the damage is done.” He also pointed out how her tunnel vision “might produce a presidency more stylistically akin to that of George W. Bush.”

Beinart does have also have some praise for Hillary Clinton as being tough-minded, and does feel she might have a better chance of dealing with Congress than other recent Democratic presidents. Looking back to the  years when Bill was in the White House, and even earlier, he had this to say:

From their days in Arkansas, Hillary took the lead in combating the scandalmongers who threatened Bill’s career. Her default position was single-minded and relentless. She repeatedly urged her husband’s advisers to meet attacks on Bill’s character by going after the character of his opponents. (According to Bernstein, in 1992 she urged the campaign to fan rumors about George H.W. Bush’s infidelity.) It was Hillary who called in Dick Morris when Bill was losing his bid for reelection as governor in 1980, and who became Morris’s point of contact when the Clintons entered the White House. According to Jeff Gerth and Don Van Natta Jr.’s biography Her Way, when a liberal Arkansas staffer objected to Morris’s presence, Hillary responded, “If you want to be in this kind of business, this is the kind of person you have to deal with.”

Tough-minded, but also showing the lack of principle she is known for.

Clinton has a history of making big mistakes on the big issues, such as her handling of health care reform:

Hillary’s failure to see that her model, which she had developed in Arkansas, was not working and needed to be altered midstream. As in Arkansas, Hillary—now aided by Magaziner—kept tight control of the process. At task force meetings, Bernstein notes, participants were forbidden from copying draft documents or, in many cases, even taking notes. The secrecy alienated not only members of Congress, health care activists, and the press, but key figures in the Clinton administration as well. Hillary and Magaziner both knew a great deal about health care policy. But neither knew as much about health care politics as Treasury Secretary Lloyd Bentsen, Health and Human Services Secretary Donna Shalala, or Office of Management and Budget Director Leon Panetta. Yet because of the task force’s secrecy, and because they feared directly confronting the president’s wife, Bentsen, Panetta, Shalala, and others in the administration often felt marginalized. As Haynes Johnson and David Broder document in The System—their indispensable book on the health care battle—Clinton officials angered by their lack of influence repeatedly leaked damaging information to a press corps angered by its lack of access.

Her biggest mistake was in getting her husband to agree to promise to veto anything other than what Hillary wanted, despite the fact that the Republican counter-proposal was extremely similar to the Affordable Care Act passed under Barack Obama, and would have served as a point to negotiate from at the time rather than having to wait until just recently to achieve health care reform. Some Clinton staffers recommended considering more modest proposals from moderate Democrats when it became clear that her entire package could not pass in Congress.

But Hillary resisted switching course, and she and Magaziner won the day. In his State of the Union address the following January—at Hillary’s urging and over Gergen’s opposition—Bill pledged to veto any health care bill that did not provide universal health coverage, even though key figures in his own party already believed that was the only kind of health care bill Congress would pass.

Hillary proceeded to move to the right to counter the false impression spread by the right that she was a left-wing radical.

IF HILLARY’S FAILURE to improvise contributed to the demise of health care reform, it also contributed to her greatest foreign policy blunder—her support for the Iraq War—and her subsequent loss to Barack Obama in 2008.

As with health care reform, Hillary’s transition from first lady to elected official relied on a clear plan, a key component of which was: Disprove the caricature of herself as a left-wing radical (an effort made easier by the fact that the caricature had never been remotely true). In her New York Senate race, Tomasky notes, Hillary ran to Rudy Giuliani’s right on abortion: She supported parental-notification laws; he did not. In the Senate, she cosponsored legislation with former impeachment champion Sam Brownback to study the effects of mass media on children and hired a staffer to reach out to abortion foes.

Clinton has also come under criticism recently for not supporting marriage equality until 2013, long after this became the politically safe position to take. She has most recently received unfavorable criticism for her handling of an interview with Terry Gross on this subject, although after listening to the interview I did not feel she did as badly as many others have written.

For the right to call Hillary Clinton a left-wing radical is even more absurd than their current claims that Barack Obama is a socialist. How would they respond if an actual leftist were to become president?

Beinart went on to describe how, after 9/11, Clinton joined Joe Lieberman on the far right of the Democratic Party, going as far as to claim 9/11 as justification for the war in Iraq and failing to recognize her mistake until virtually everyone else had abandoned her original view:

Almost as soon as the twin towers fell, Hillary began staking out positions on the right edge of her party. On Sept. 12, from the floor of the Senate, she warned—in language similar to George W. Bush’s—that regimes that “in any way aid or comfort [terrorists] whatsoever will now face the wrath of our country.” As Gerth and Van Natta detailed, Hillary did not just vote to authorize war with Iraq—something most other nationally ambitious Democrats did as well—she justified her vote by citing Saddam Hussein’s ties to al-Qaida, a claim echoed by only one other Senate Democrat, Joe Lieberman.

Even once it became clear that governing postwar Iraq would be far harder than the Bush administration had predicted, Hillary gave little ground. In a December 2003 speech to the Council on Foreign Relations, she called her Iraq decision “the right vote” and insisted that “failure is not an option.” As late as February 2005, when Iraq was already in civil war, she drew attention to the “many parts of Iraq that are functioning quite well” and warned that it “would be a mistake” to set a timetable for withdrawing U.S. troops.

In bucking her party’s liberal base, Hillary almost certainly believed she was doing the right thing. She was “cursed,” she declared, when explaining her refusal to join John Edwards’s 2007 call for an immediate withdrawal of U.S. troops, “with the responsibility gene.” Hillary’s intellectual failure lay in her inability to recognize that the definition of “responsibility” she had developed during the 1990s, with its emphasis on American freedom of action and the utility of military force, was being abused and misapplied in Iraq. Her political failure lay in her inability to see how dramatically the center of gravity in her party was shifting away from her point of view.

As the situation in Iraq went south, liberal activists—enraged at the Democratic Party’s ideologically hawkish, politically submissive leaders—launched an intraparty rebellion. The first sign came in 2003, when blogs like Daily Kos and activist groups like MoveOn.org powered Howard Dean’s stunning insurgency against a field of Washington Democrats who had backed the war. Yet during that period, Hillary and her top advisers were remarkably slow to recognize that the ground was shifting underneath their feet, and that the centrist strategy they had laid out at the beginning of her Senate career was now dangerously outdated.

Clinton’s failure to recognize how the Democratic party was changing could be seen in her choice of Mark Penn to be chief strategist for her campaign: “Hillary put her fate in the hands of a consultant who not only discounted their influence but loathed them.” Her presidential campaign only reinforced suspicion of her among many liberals:

But while she may have had no good way to discuss her Iraq vote, Hillary could have at least signaled to angry liberals that she would act differently on Iran. Instead, she picked a fight over Obama’s willingness to meet Tehran’s leaders without preconditions, a fight that to many liberals confirmed that Obama would change Bush foreign policy while Hillary represented more of the same.

More broadly, Hillary’s campaign failed to adequately recognize that her Iraq vote had convinced many liberals that she lacked the courage of her convictions. As an actress playing Hillary quipped on Saturday Night Live in January 2007, “I think most Democrats know me. They understand that my support for the war was always insincere.” In that environment, Hillary’s unwillingness to embrace controversial liberal causes for fear that they’d be used against her in the general election became a character issue. Arguably, the key moment in Hillary’s demise came at a Drexel University debate on Oct. 30, when she refused to forthrightly endorse New York state’s plan to issue driver’s licenses to undocumented immigrants and was slammed by her opponents and the press for trying to have it both ways. Eleven days later, in perhaps his most important speech of the primary campaign, Obama wowed a Jefferson-Jackson Day Dinner in Iowa, declaring that “not answering questions because we are afraid our answers won’t be popular just won’t do.” At a time when Democratic primary voters were hungry for authenticity and backbone, Penn’s efforts to inoculate Hillary against right-wing attack convinced many liberals that she lacked both.

Beinart concluded (emphasis mine):

NONE OF THIS is to suggest that Hillary would be an ineffective president—only that her successes and failures would look different from Bill Clinton’s and Barack Obama’s. Bill’s failures often owed to indiscipline. Obama’s have stemmed in part from aloofness. If past is prologue, Hillary’s would stem in significant measure from unwillingness to change course. Hillary does learn from her mistakes. But only after the damage is done.

Her successes as president, on the other hand, would likely result from the kind of hands-on, methodical, unyielding drive that both Bill Clinton and Obama struggled to sustain. In her wonkishness and her moderate liberalism, Hillary has much in common with Obama and her husband. But her “tunnel vision”—in the words of a close friend quoted in Sally Bedell Smith’s For Love of Politicsmight produce a presidency more stylistically akin to that of George W. Bush. For years now, Democrats have yearned for a leader who champions their causes with the same single-minded, supremely confident, unwavering intensity that they believe Republican leaders bring to theirs. For better and worse, they may soon get their wish.

For better and worse. While undoubtedly far better than a presidency in the hands of any imaginable Republican opponent at present, I also feel that Democrats who are now so willing to hand her the nomination will also see the worse aspects.

Other controversies also surround Clinton at present. Matthew Contenetti has raised criticism this week of Clinton’s early defense of child rapist. See Doug Mataconis and Steve M for responses.

Even a simple question from The New York Times Book Review has created controversy as it reinforced views of Clinton as being calculating and dishonest:

If you had to name one book that made you who you are today, what would it be?

At the risk of appearing predictable, the Bible was and remains the biggest influence on my thinking. I was raised reading it, memorizing passages from it and being guided by it. I still find it a source of wisdom, comfort and encouragement.

Gawker’s reaction was that, “Some people like Hillary Clinton. Other people dislike Hillary Clinton. However you feel about Hillary Clinton, it is difficult to deny that she is one of the most cold and calculating political figures in all the land.” This led to a link to a 2013 article on Clinton’s Cowardice As a Political Philosophy, which looked at her views on Iraq and gay marriage.

The Daily Banter responded:

But does Clinton calling the Bible her most influential book tantamount to a political calculation?

Yes it does.

It would be one thing if Clinton meant that the Bible has been the most influential on her because it’s had a profound impact on the course of human history for more than 2,000 years. However, she wasn’t talking about the book’s cultural and political impact, but rather the influence it’s had on her personally as a reader of it.

Because if the book with the biggest influence on Hillary Clinton were truly the Bible, she would never have gotten to where she is. The Bible, however beloved it may be, is not a book conducive to thinking. Rather, the Bible deals in revealed wisdom written by men of antiquity who probably knew less about the natural world than a contemporary American fifth grader. Without question there are passages in the Bible that may very well have given her a modicum of wisdom, comfort, and encouragement, but for every such excerpt there is one or more that couldn’t be more disturbing and anathema to what we today call common decency.

There is no time to air all the dirty laundry of the Bible here. Besides, most Americans are familiar with its horrors, yet many seem to accept it as a sort of general guide on how to live by focusing on passages they find agreeable while discarding the rest.

The “rest” would include the multiple instances of mass killing in the Old Testament, including the great flood started by god that wiped out nearly all of humanity. Homosexuals, witches, and Sabbath-breakers are ordered killed. The Ten Commandments say that one must only worship Yahweh, who judges people merely for what they think. Interestingly enough, rape is not mentioned in the commandments.

In the New Testament, we come to learn that those who do not accept that Jesus was brutally tortured and killed for their sins will suffer in hell in anguish for all eternity simply for not believing. This is founding principle of Christianity.

And yet this is the text that Hillary Clinton — a Yale Law School-educated former U.S. Senator and Secretary of State — says is the book that’s had the biggest impact on her life.

You can believe it if you like. And if you do, there’s a bridge near me I’d like to sell you.

While hardly the biggest campaign issue, this also underscores Hillary Clinton’s lack of self-awareness, failing to understand how a dishonest and calculating answer such as this does nothing to appease the right while reinforcing reservations about her from the left.

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Norman Ornstein Writes Once Again That The Republicans Are The Problem

Norman Ornstein once again sets the record straight, resonding to those who say both parties are responsible for the degree of polarization and gridlock we are now experiencing:

Tom Mann and I, among others, have said that the polarization in the capital is asymmetric, much more on the conservative and Republican side than on the liberal and Democratic side. An army of journalists—including Ron Fournier, Paul Kane, and others—have said both sides are to blame. And journalists led by Jim Fallows have decried what he first called “false equivalence.” This malady itself has two components. The first, which in many ways is a larger ingrained journalistic habit that tries mightily to avoid any hint of reporting bias, is the reflexive “we report both sides of every story,” even to the point that one side is given equal weight not supported by reality. The second, often called the Green Lantern approach and typified by Bob Woodward, is that presidential leadership—demanding change, sweet-talking, and threatening lawmakers—could readily overcome any dysfunction caused by polarization, thus allocating responsibility in a different way that deflects any sign of asymmetry.

As the Pew study makes clear, in the mid- to late-1990s, we did not have anywhere near the level of public polarization or ideological or partisan animosity that we have now. In the public, this phenomenon has been much more recent (and is accelerating). But in the Gingrich era in Congress, starting in 1993, where Republicans united in both houses to oppose major Clinton initiatives and moved vigorously from the start of his presidency to delegitimize him, the era of tribalism started much earlier, while the ante was upped dramatically in the Obama years. The fact is that it was not public divisions on issues that drove elite polarization, but the opposite: Cynical politicians and political consultants in the age of the permanent campaign, bolstered by radio talk-show hosts and cable-news producers and amplified by blogs and social media, did a number on the public.

The elite tribalism was not all one-sided. To be sure, there was plenty of vitriol hurled by Democrats at George W. Bush. But Democrats worked hand-in-glove with Bush at the early, vulnerable stage of his controversial presidency to enact No Child Left Behind, which gave his presidency precious credibility and provided the votes and support needed for his tax cuts. Contrast that with the early stages of the Obama presidency.

Merry uses immigration to dispute our characterization of the contemporary Republican Party as an insurgent outlier, dismissive of science; no surprise that he does not mention climate change. As for Ron Fournier, I have one point of contention and one response to his question, “Who cares?” First is the characterization of those who believe that the polarization is asymmetric as partisans. There are partisans who have seized on the ideas, but it is very unfair to characterize the scholars and most journalists who have written about this as biased—just as it would be deeply unfair to characterize Fournier, a straight-up journalist of the old school, as an instrument of Republicans or the Right.

More important is the question he raised. Does it matter whether the polarization, and the deep dysfunction that follows from it, is equal or not, including to the average voter? The answer is a resounding yes. If bad behavior—using the nation’s full faith and credit as a hostage to political demands, shutting down the government, attempting to undermine policies that have been lawfully enacted, blocking nominees not on the basis of their qualifications but to nullify the policies they would pursue, using filibusters as weapons of mass obstruction—is to be discouraged or abandoned, those who engage in it have to be held accountable. Saying both sides are equally responsible, insisting on equivalence as the mantra of mainstream journalism, leaves the average voter at sea, unable to identify and vote against those perpetrating the problem. The public is left with a deeper disdain for all politics and all politicians, and voters become more receptive to demagogues and those whose main qualification for office is that they have never served, won’t compromise, and see everything in stark black-and-white terms.

Besides, this excerpt, read the full article, along with his writings with Thomas Mann, including this op-ed and their book, It’s Even Worse Than It Looks. For a look at the unprecedented obstructionism towards Obama practiced by the Republicans, see this Frontline documentary,The Republicans’ Plan For The New President:

On the night of Barack Obama’s inauguration, a group of top GOP luminaries quietly gathered in a Washington steakhouse to lick their wounds and ultimately create the outline of a plan for how to deal with the incoming administration.

“The room was filled. It was a who’s who of ranking members who had at one point been committee chairmen, or in the majority, who now wondered out loud whether they were in the permanent minority,” Frank Luntz, who organized the event, told FRONTLINE.

Among them were Senate power brokers Jim DeMint, Jon Kyl and Tom Coburn, and conservative congressmen Eric Cantor, Kevin McCarthy and Paul Ryan.

After three hours of strategizing, they decided they needed to fight Obama on everything. The new president had no idea what the Republicans were planning.

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Cries Over Lois Lerner’s Lost Email Look Like Just Another Conservative Conspiracy Theory

Conservatives 1) love to act like the victim and 2) have been desperately trying to make it appear that there have been scandals which they can attribute to the Obama administration. As the Obama administration has been remarkably free of scandals, they have had to invent several. The IRS scandal first appeared to be something to be concerned about, until we realized that while Republicans like Darrell Issa were only looking at conservative groups which had problems with the IRS, it turned out that both conservative and progressive groups received extra scrutiny. This hardly comes as a surprise in light of the ambiguous tax regulations which deny tax breaks for political organizations when engaged in political activity.

Conservative conspiracy theorists typically work by using limited information to suggest something is not right, when the full facts often contradict this. There is no way I, or anyone else, can say for certain what happened to Lois Lerner’s lost emails, but once the full facts are reviewed, rather than the distorted reporting on many conservative sites, it looks far less likely that anything improper occurred. I’ve seen some claims that the email couldn’t really be lost because they are all backed up, but this just simply is not the case. The New York Times reports:

The I.R.S. initially provided 11,000 of her emails that it deemed directly related to the applications for tax exemption filed by political groups. Under pressure from Republican leaders, Mr. Koskinen later agreed to provide all of Ms. Lerner’s emails but said that doing so might take years. Since then, the I.R.S. has provided roughly 32,000 more emails directly from Ms. Lerner’s account.

After the agency discovered that its initial search of Ms. Lerner’s emails was incomplete because of the computer crash, it recovered 24,000 of the missing messages from email accounts on the other end of Ms. Lerner’s correspondence, the I.R.S. said.

Although Mr. Koskinen had indicated in congressional testimony that I.R.S. emails were stored on servers in the agency’s archives and could be recovered, the agency said Friday that was not the case.

The I.R.S. said that because of financial and computing constraints, some emails had been stored only on individuals’ computers and not on servers, and that “backup tapes” from 2011 “no longer exist because they have been recycled.”

Don’t trust the left-leaning New York Times? The right-leaning Politico reports the same practices with respect to email:

The IRS explains in the letter that it has not always backed up all employee emails due to the cost the agency would incur for allowing 90,000 employees to store their information on the IRS’s internal system.

Currently, IRS employees have the capacity to store about 6,000 emails in their active Outlook email boxes, which are saved on the IRS centralized network. But the letter and background document sent to the Hill Friday said they could only store about 1,800 emails in their active folders prior to July 2011.

When their inboxes were full, IRS employees had to make room by either deleting emails or archiving them on their personal computers. Archived data were not stored by the IRS but by the individual.

Such archived emails on Lerner’s computer were what were lost when her computer crashed.

“Any of Ms. Lerner’s email that was only stored on that computer’s hard drive would have been lost when the hard drive crashed and could not be recovered,” the letter reads.

Overall, more than 250 IRS employees have spent more than 120,000 hours digging up documents and emails for congressional investigators, spending $10 million.

On the one hand this does not look like a very efficient way to back up data. On the other hand, considering how many offices there are of the federal government throughout the country, the cost of backing up everything, including all email, indefinitely would be staggering. Not many government offices have the budget for this, but maybe the NSA still has record of the lost email.

I’m sure there are many conservatives who still won’t believe that email can be lost until they hear it on Fox or from Rush. In that case, how about what may have been as many as 22 million lost emails under Bush during the controversy over the improper dismissal of U.S.  attorneys for political reasons. There is a key difference here. While the Republican claims in the IRS case have been debunked, there was a real scandal and impropriety in the Bush White House which led directly to Karl Rove and Alberto Gonzales. In addition, the Bush administration broke the law by using outside accounts to avoid detection and circumvent laws regarding maintaining email in the Executive Branch.

If there was a conspiracy to hide emails,it doesn’t make sense that it would be email from before 2012 which is missing. Steve Benen put it into perspective:

For Republicans and their allies, this sounds like a convenient way to deny investigators access to Lerner’s emails. But note, the IRS has already produced 67,000 emails to and from Lerner, from 2009 to 2013, and were able to piece together 24,000 Lerner emails from the missing period based those who’d been cc’d in various messages. This is hardly evidence of a cover-up.

For that matter, note that Republicans and conspiracy theorists are principally interested in Lerner’s messages from 2012 – the election year. The computer crash affected emails from before 2012. If the IRS intended to hide potentially damaging materials from investigators, and it was willing to use a made-up technical problem to obscure the truth, chances are the agency would have scrapped Lerner’s emails from the relevant period, not emails from before the relevant period.

When all the facts are considered, Lois Lerner no longer looks like a modern day Rose Mary Woods. It all looks like just another weak attempt by conservatives to portray themselves as victims, and one more unfounded conservative conspiracy theory.

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