Jeb Bush Not As Transparent As He Claims

The revelations this week regarding Hillary Clinton’s use of private email (discussed here, here, and here) added to questions about her secrecy, opposition to transparency in government, and her character. Her actions also look remarkably foolish for a major candidate, especially considering how she had previously criticized Republicans in the Bush administration for the same actions. Her actions, and her poor response to the situation, have also reinforced concerns among some Democrats that Clinton is not a very good campaigner.

Initially it appeared that Jeb Bush had out-maneuvered her by recently releasing email from when he was Governor of Florida. Now CNN is reporting that Bush is exaggerating the transparency of his administration:

Bush has released hundreds of thousands of emails from the personal account he used during his eight years as governor in the name of transparency — and after public records requests for those emails. A Bush aide told NBC News that a number of his staffers and his general counsel’s office decided which emails to release.

But a CNN review of those emails turned up evidence a number of his official aides and family members also had email addresses housed at Jeb.org — and used them to conduct both official and political business — raising questions about how transparent that email dump ultimately was.

Of course Bush isn’t the only potential Republican candidate with email problems. Chris Christie’s administration had similar problems. Perhaps that is why Hillary Clinton thinks she can get away with primarily keeping quite about the whole thing.

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Quote of the Day: Conan on Jeb Bush

Conan Photo

“Yesterday during a speech on national security, Jeb Bush mispronounced Boko Haram and got confused between Iran and Iraq. When reached for comment, his brother George W. said, ‘He sure sounds presidentiary to me.'” –Conan O’Brien

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Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016

Clinton Email

The reports I discussed yesterday regarding Hillary Clinton using private email as Secretary of State are leading some, such as Frank Rich, to wonder if Democrats need a backup plan for 2016. A follow up story in The New York Times reports how Clinton used her private email to thwart requests for information, including requests from Congress and Freedom of Information requests from journalists. These ethical breaches by Hillary Clinton are of particular concern taking place so soon after scandals in the Bush administration regarding private use of email, making many liberals besides myself question why Clinton could have done something so foolish.

As The Guardian summarized the significance of the news:

It leaves Clinton vulnerable to at least three lines of criticism: that she potentially broke fundamental rules governing the handling and security of state secrets; that she skirted around guidelines put in place to ensure historical accountability and transparency within high public office; and the political attack that she must have had something to hide.

Perhaps the most serious accusation facing Clinton is that she may have breached one of the fundamental tenets of classified information. J William Leonard, former director of the body that keeps watch over executive branch secrets, the Information Security Oversight Office, told the Guardian that if Clinton had dealt with confidential government matters through her personal email, that would have been problematic. “There is no such thing as personal copies of classified information. All classified information belongs to the US government and it should never leave the control of the government.”

The Associated Press is considering legal action in response to her failure to respond to Freedom of Information Act requests for email:

The unusual practice of a Cabinet-level official running her own email server would have given Clinton — who is expected to run for president in the 2016 campaign — significant control over limiting access to her message archives.

It also would complicate the State Department’s legal responsibilities in finding and turning over official emails in response to any investigations, lawsuits or public records requests. The department would be the position of accepting Clinton’s assurances she was surrendering everything required that was in her control…

The AP said Wednesday it was considering taking legal action against the State Department for failing to turn over some emails covering Clinton’s tenure as the nation’s top diplomat after waiting more than one year. The department has failed to meet several self-imposed deadlines but has never suggested that it doesn’t possess all Clinton’s emails.

Having checked more coverage in the media and blogosphere since my initial post, I was pleased to see that most liberal bloggers I read did question Clinton’s conduct. For example, rather than a partisan defense Steve Benen‘s post raised the same objective points:

There’s no shortage of problematic angles to this. Obviously, there’s the question of transparency and compliance with the Federal Records Act. Clinton wasn’t the first Secretary of State to make use of a personal email account – Colin Powell did the same thing during his tenure in the Bush/Cheney administration – but preservation rules have changed and Clinton apparently faced more stringent requirements.
There’s also the matter of security: as Secretary of State, Clinton sent and received highly sensitive information on a daily basis, including classified materials, from officials around the world. By relying on private email, instead of an encrypted State Department account, Clinton may have created a security risk.

Other liberal bloggers have been far harder on Clinton.  Clinton is also receiving criticism on MSNBC, as opposed to the partisan defense we would expect in the reverse situation from Fox. Needless to say, conservatives tended to be quite critical, and  hypocritical, usually ignoring the comparable use of private email by many Republicans, including officials in the Bush administration, Chris Christie, and Sarah Palin.

It was disappointing but not surprising to see that the Clintonistas did quickly get some writers out to defend Clinton. Typically their defenses were no more honest than a report from Fox. Defenses of Clinton tended to concentrate on the arguing that Clinton did not actually break the law. This is definitely a case of moving the goal posts and possibly also incorrect. The initial articles raising these concerns did note that Clinton may have broken the law and with the complexity of the regulations involved avoided a definite conclusion, but it was her conduct and judgment, not whether she was in violation of the law, which is the heart of the issue.  The defenses of Clinton point out that Colin Powell used private email, but ignore the changes in regulations made in 2009 which “required that all emails be preserved as part of an agency’s record-keeping system.” Her defenders have also ignored the more stringent requirements put into place in 2011. As a consequence of these rules changes, John Kerry has used government email for his communications, as has Barack Obama since taking office in 2009.

Many of the other defenses of Clinton are rather trivial attacks on the journalist who wrote the story. The statements that these revelations came out as part of the Benghazi hearings is contradicted with finding a journalist who had reported on this previously. This is analogous to the debates as to who discovered America. Finding that someone had previously reported on Clinton’s private email does not change the substance of this story any more than discovering that Vikings beat Columbus to America substantially other facts regarding American  history post-Columbus.

The rapid release of such dishonest defenses of Clinton by her allies is yet another reason why I would hate to see Hillary Clinton as president. I have always been disturbed by the degree of secrecy when she was working on health care reform, her push for war against Iraq based upon fictitious claims of ties between Saddam and al Qaeda, along with many questionable statements I’ve heard from her over the years. Electing Clinton would be a great blow to honesty and transparency in government. Democrats should be able to do better.

There is no question that Clinton was at least skirting the rules in effect when she became Secretary of State, if not outright breaking them. Her honesty has already been a serious question. Someone with a reputation for dishonesty and lack of transparency should have realized that this would only make matters worse. Her credibility, already in question, will be even lower when there is always the question of secret emails looming. Republicans will be able to drag out their hearings on Benghazi even longer because of this. If she runs against Jeb Bush she would be on the defensive over transparency after the release of his emails. Clinton has never been a very good campaigner, and her lack of judgment in this matter only raise.

Update: Hillary Clinton On Private Email 2007 And 2015

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Did Hillary Clinton Learn Anything During All Her Years In Politics?

The report in The New York Times that Hillary Clinton used a private email account while Secretary of State, possibly violating the law, has me wondering whether Hillary Clinton has learned anything during her years in public life. There is no doubt that the majority of attacks on Clinton from the right are bogus. To a certain degree these attacks even give her some protection among thinking people who have seen right wing attacks and conspiracy theories, such as those over Benghazi, constantly being debunked. However this does not mean that there are not people beyond the Fox sheep, including myself, who still have concerns regarding the judgement and integrity of Hillary Clinton. This only increases such concerns, along with concerns about secrecy and lack of transparency on the part of the Clintons.

Hillary Clinton followed the same procedures as Colin Powell before her, and many other politicians, such as Chris Christie and Sarah Palin, have had problems with using private email accounts. In contrast, John Kerry and Barack Obama use secure government email systems. Clinton’s actions look worse in historical context, following the scandals and reckless disregard for transparency during the Bush administration, just before she became Secretary of State. It is also reasonable to hold a Secretary of State, with aspirations to become president, to a higher standard than a corrupt Governor of New Jersey and the incompetent half-term former governor of Alaska. We have low expectations of people such as Christie and Palin, but should expect more of a potential Democratic candidate for president.

Hillary Clinton, if she has any real awareness of her public reputation, should have been aware of how this would have looked. Beyond the legal and security issues this raises, there is the simple question of whether she should have known better, even if no evidence of actual dishonesty is uncovered. Democrats should also have learned something about Clinton in light of her conduct during her 2008 campaign. In retrospect. Jeb Bush now looks far smarter for having released his email, despite the embarrassment of including some private information on constituents which should have been redacted.

Update: Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016. Plus response to the initial reports, and concerns over national security and use of private email to avoid Freedom of Information Act requests.

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Landmark FCC Decision Is A Victory For Freedom Of Expression And Free Enterprise

In what PoltiFact calls ” a significant accomplishment for Obama” and a “Promise Kept,” the FCC has voted for major changes to help guarantee a free and open Internet. Net neutrality is important for freedom of expression, including helping small blogs such as this to continue, important for small business, and important to maintain the lifestyle we are becoming accustomed to, such as streaming video as an alternative to often exorbitant cable rates.

Net neutrality is a tremendous victory for freedom of expression and free enterprise. Not surprisingly, conservatives have been spreading the untrue talking points of the large telecommunications companies which fear seeing their power diminished. Whenever the goals of the powerful conflict with the best interests of the nation, we know which side conservatives will invariably side with.

There are all sorts of false claims being spread by conservatives about net neutrality, such as that it will lead to $15 billion in new taxes and will lead to either Barack Obama or the United Nations (depending upon the source) controlling the Internet. In other words, this sounds like lots of right wing conspiracy theories we have already heard.

FCC Chairman Tom Wheeler disputed conservative claims that the new regulations are intended to regulate communication on the Internet:

This is no more a plan to regulate the Internet than the First Amendment is a plan to regulate free speech. They both stand for the same concept: openness, expression and an absence of gatekeepers telling them what they can do, where they can go and what they can think.

The Fact Checker at The Washington Post called the claims of higher taxes false. Ron Wyden, who wrote the Internet Tax Freedom Act, debunked conservative claims that the FCC’s action would invalidate the law and result in higher taxes. This ban on taxes in will expire in October, but there is nothing stopping Congress from renewing it.

AP’s fact checking included the following:

THE CLAIM: “President Obama’s plan marks a monumental shift toward government control of the Internet.” — Republican FCC Commissioner Ajit Pai.

THE FACTS: It’s a shift for sure, but the FCC hasn’t proposed regulating Internet content or controlling access to websites. The question is how to regulate Internet service so providers don’t block or slow web traffic for financial gain.

FCC Chairman Tom Wheeler says the only way to do that is to subject retail Internet service to Title II of the 1934 Communications Act. That would expand FCC power significantly by allowing regulators to step in if there were allegations of harm to consumers. But it’s a reach to suggest that these new powers equate to a government takeover.

Also worth noting is that the FCC is independent from the administration. While Obama has put pressure on the FCC to enact tougher regulations, and he appointed Wheeler to head the agency, this is not the president’s call.

After debunking additional claims, the article explained why this change is now needed, and not necessarily a break from previous administrations:

THE CLAIM: The FCC plan “represents a stunning reversal of the policies of the Clinton and Bush administrations.” It will backtrack on “decades of bipartisan agreement to limit Internet regulation.” — Former FCC commissioner Robert McDowell in an opinion article in The Wall Street Journal.

THE FACTS: The question of Internet “fast lanes” is far more pressing for Obama than it ever was for Clinton or Bush. In 2000, only 3 percent of American households had broadband access, compared with 70 percent by 2013, according to the Pew Research Center.

It wasn’t until President George W. Bush’s second term, in 2005, that YouTube became available and video services like Netflix became more popular. By the time the FCC voted in 2008 against Comcast for throttling Web traffic, Bush was nearing the end of his presidency.

For those who might find this all boring, here is a more entertaining explanation of net neutrality from John Oliver:

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Seth Meyers Responds To Giuliani and Walker Regarding Obama’s Love For America

It is never good for a politician to become a frequent punchline of the late night comedians. Seth Meyers had the above response to Rudy Giuliani’s false claim that Obama does not love America, along with Scott Walker’s difficulty in responding to a question as to whether he agreed. (Media and graphic below via Mediaite).

Walker is complaining of being hit with gotcha questions but  he has made two major errors which a serious candidate for the presidency should not have made. At this stage in what used to be called the invisible primary, but now is very open, questions serve the purpose of dividing out the serious and not serious candidates. On the one hand a candidate does have to be able to handle difficult questions, including questions which might not be fair. On the other hand, in an era of 24/7 news and Twitter, it is hard for anyone to go for a couple of years without giving a poor response and seeing it spread instantly.

Walker’s problem is that he has recently given two bad answers which shouldn’t have been that difficult. He will face far more difficulty, and potentially unfair, questions if he runs for president. The worst response from Walker, to me, was on evolution. On the other hand, questioning evolution is a common view among Republican primary votes so it might not hurt him. The Democrats are not effective enough politically to capitalize on that in a general election.

The question of whether Obama loves America was also not difficult. Other Republicans have given answers along the lines that Obama loves America but his policies are bad for America. Obviously I disagree, but I see that as a good answer politically for a Republican. Most of the base will not object as they are still critical of Obama, and sane people will not see them as kooks for saying this.

It is still early and I doubt that this will be enough to derail Walker’s campaign. Plenty of other candidates will have bad moments before the first primary. This will only hurt if it is a trend which continues, in which case many Republicans will question whether he is ready for a national presidential campaign. If he continues to make such unforced errors, this will start to become how Walker is known by the general public and the campaign sign made by Seth Meyers will then stick:

Scott Walker I Dunno

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Question of the Day: Jon Stewart On Lies About Iraq

Jon Stewart

“Never again will Brian Williams mislead this great nation about being shot at in a war we probably wouldn’t have ended up in if the media had applied this level of scrutiny to the actual f**king war.” –Jon Stewart

This again raises the question–if Brian Williams is now being punished for lying about Iraq, what about Bush and Cheney?

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Two Democratic Congressmen Propose Bills To Legalize Marijuana At Federal Level

It is probably only a matter of time until marijuana prohibition ends. Like gay marriage, we will reach a tipping point where conservative opposition loses its impact. Also, like marriage equality, the majority of Democratic politicians will probably lag behind the country in openly adopting more liberal views, but two House Democrats have introduced bills to end marijuana prohibition. Sam Stein reports:

Two congressmen filed separate House bills on Friday that together would legalize, regulate and tax marijuana at the federal level, effectively ending the U.S. government’s decades long prohibition of the plant.

Rep. Jared Polis (D-Colo.) introduced the Regulate Marijuana Like Alcohol Act, which would remove marijuana from the Controlled Substances Act’s schedules, transfer oversight of the substance from the Drug Enforcement Administration over to the Bureau of Alcohol, Tobacco, Firearms and Explosives, and regulate marijuana in a way similar to how alcohol is currently regulated in the U.S.

Rep. Earl Blumenauer (D-Ore.) introduced the Marijuana Tax Revenue Act, which would set up a federal excise tax for regulated marijuana.

The bills would not force states to legalize marijuana, but a federal regulatory framework would be in place for those states that do decide to legalize it. To date, four states and the District of Columbia have legalized recreational marijuana (however, D.C.’s model continues to ban sales), 23 states have legalized marijuana for medical purposes and 11 other states have legalized the limited use of low-THC forms of marijuana for medical use.

During the Bush administration, the federal government would often raid medical marijuana facilities which were legal in the states the states where they were legal, and the Obama administration was slow to turn this around. With Obama going to be out of office in a couple of years, it is becoming more important to change federal law. Hillary Clinton has been to the right of most Democrats on this (as well as most other issues) and we cannot trust either Clinton or her likely Republican opponent to continue the liberalization finally seen under Obama. While unlikely to be accomplished in the current Congress, it would be preferable to take this issue out of the hands of either Clinton or a future Republican president.

Last year The New York Times argued for legalization of marijuana. Jeffrey Miron discussed the case for marijuana legalization in op-ed at CNN:

Marijuana legalization is a policy no-brainer. Any society that professes to value liberty should leave adults free to consume marijuana.

Moreover, the evidence from states and countries that have decriminalized or medicalized marijuana suggests that policy plays a modest role in limiting use. And while marijuana can harm the user or others when consumed inappropriately, the same applies to many legal goods such as alcohol, tobacco, excessive eating or driving a car.

Recent evidence from Colorado confirms that marijuana’s legal status has minimal impact on marijuana use or the harms allegedly caused by use. Since commercialization of medical marijuana in 2009, and since legalization in 2012, marijuana use, crime, traffic accidents, education and health outcomes have all followed their pre-existing trends rather than increasing or decreasing after policy liberalized…

Federal law still prohibits marijuana, and existing jurisprudence (Gonzales v. Raich 2005) holds that federal law trumps state law when it comes to marijuana prohibition. So far, the federal government has mostly taken a hands-off approach to state medicalizations and legalizations, but in January 2017, the country will have a new president. That person could order the attorney general to enforce federal prohibition regardless of state law.

As long as marijuana is illegal at the federal level we will continue to have many of the adverse consequences of prohibition, including inhibiting the use of medical marijuana. This includes states where medical marijuana is legal under state law. Besides the previous problems of DEA raids, having medical marijuana illegal under federal law makes many physicians unwilling to treat patients who are legally using medical marijuana under state law.

I have seen many individuals who are taking medical marijuana legally under state law discharged from pain clinics which outright refuse to treat anyone using medical marijuana. This is both due to fears of violating federal law and due to personal biases.  I received a consult letter just last month from a pain specialist who opposed giving pain medications to a patient who was using medical marijuana, making arguments which are contradictory to the medical literature which demonstrates that using marijuana as part of a pain management regimen results in decreased opioid use and a decreased risk of overdoses.

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Bloomberg News Shows That Obamacare Is Not A Job-Killer As Republicans Claim

I’ve discussed many times, most recently yesterday, how the conservative arguments against the Affordable Care Act don’t hold up. Their predictions of doom have also consistently failed to come about. Bloomberg News looked at the effect of Obamacare on corporate profits, finding only a small effect, debunking the conservative claims that Obamacare is a job killer. It also helps that one of the benefits of the Affordable Care Act has a lower increase in premiums than has been seen in the past:

The biggest entitlement legislation in a generation is causing barely a ripple in corporate America.

The Patient Protection and Affordable Care Act — otherwise known as Obamacare — is putting such a small dent in the profits of U.S. companies that many refer to its impact as “not material” or “not significant,” according to a Bloomberg review of conference-call transcripts and interviews with major U.S. employers.

That’s even after a provision went into effect this year requiring companies with 50 or more full-time workers to provide coverage, and after more workers are choosing to enroll in existing company coverage because of another requirement that all Americans get insured.

“It’s just part of doing business,” said Bob Shearer, chief financial officer of VF Corp., which owns the North Face and Vans apparel brands. “Obamacare has added costs, but not so much that we felt we had to talk about it specifically.”

The collective shrug from the nation’s biggest employers undermines the arguments of Republicans, who call the law a job-killer as they seek its repeal.

While U.S. health-care costs continued to rise faster than inflation in the five years since the law was passed, their rate of growth has slowed. Employers spent an average of $11,204 per worker for health benefits in 2014, up 4.6 percent from a year earlier, according to Mercer LLC. That growth rate was 6.1 percent or more each year from 1998 to 2011.

Enrollment in insurance policies purchased on the exchanges has also beaten expectations. The Hill reports, “The administration announced on Tuesday that 11.4 million people had signed up ahead of Sunday’s deadline, a figure that puts the administration on track to beat its goal of 9.1 million enrollees. Republicans have been largely silent on the numbers.”

Taken together, these two reports are further evidence that the Affordable Care Act is helping to both increase the number of people insured and restrain health care costs.

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A Day In Conservative Stupidity: Three Examples

palin-finger-two

The conservative movement has become totally divorced from reality, often denying science and facts to make their positions. Here’s just three examples from the past day.

Conservatives Hate Historical Facts

Conservatives hate actual American history as the facts contradict so many of their claims. As Joseph Ellis has explained, the Founding Fathers established a secular state with overlapping sources of authority and a blurring of jurisdiction between federal and state power. Conservative claims of states’ rights and claims that the United States was founded as a Christian nation do not hold up. Oklahoma has a unique answer to teaching all those inconvenient facts in Advanced Placement History classes. Republicans there want to eliminate the AP classes and replace them classes which include the Ten Commandments and three speeches by Ronald Reagan.

Some Conservatives Still Think Obama Is A Muslim

The American Thinker is still making the conservative claim that Obama is a Muslim. Their evidence is a picture of Obama with a raised finger:

Is President Obama a Muslim?  A lot has been written about this, but if photographs speak louder than words, then a photo taken at last August’s U.S.-African Leaders’ Summit in Washington D.C. might shed considerable light.

It shows Barack Hussein Obama flashing the one-finger affirmation of Islamic faith to dozens of African delegates.

Steve M. gathered pictures of several other people who are also Muslims by this logic. The pictures include: Sarah Palin, Rush Limbaugh, Ben Carson, Scott Walker, Sean Hannity, Newt Gingrich, Andrew Breitbart, and Pam Geller. Who knew that the conservative movement was infiltrated by Muslims to this degree.

Conservatives Still Lack Any Actual Facts To Support Their Arguments Against Obamacare

Bill Maher called them Zombie Lies. Conservatives lack any real facts to dispute what a tremendous success Obamacare has become so they tell the same lies over and over, even when repeatedly proven to be lies. They are lies which just don’t die, because conservatives don’t care about facts. Jonathan Chait reviewed the latest claims from Stephen Moore, chief economist at the Heritage Foundation. See the full article to see how Chait shows that Moore’s claims are demonstrably wrong and that, “There is not a single substantive claim in this column that appears to be true.”

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