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“Ted Cruz’s A.G. Fight Already Misguided”: More So Than Usual, Cruz Has No Idea Of What He’s Talking About

Sen. Ted Cruz (R-Texas) does not believe in wasting time. Less than 24 hours have passed since Attorney General Eric Holder announced he’s stepping down, and at this point, no one seems to have any idea when the White House will announce a successor or who he or she will be.

But for Cruz, that just means now is a good time to start drawing battle lines.

Sen. Ted Cruz (R-Tex.) issued a political call to arms for conservatives, saying that outgoing senators should not vote on the nominee during the post-election lame-duck session. “Allowing Democratic senators, many of whom will likely have just been defeated at the polls, to confirm Holder’s successor would be an abuse of power that should not be countenanced,” Cruz said in a statement.

Perhaps more so than usual, Cruz has no idea what he’s talking about.

As Kevin Drum noted in response, “Unless Cruz is suggesting that they should be banned completely, then of course business should be conducted during lame duck sessions. What else is Congress supposed to do during those few weeks?”

Right. Members of the Senate are elected to serve six-year terms. The Constitution, which Cruz usually loves to talk about, is quite explicit on this point. Article I does not say senators’ terms end after 5 years and 10 months, with the final two months designated as goof-off time.

Indeed, if Cruz is still confused, he can look to very recent history to understand that nominating and confirming cabinet officials during a lame-duck session is the exact opposite of “an abuse of power.”

In November 2006, then-Defense Secretary Donald Rumsfeld announced he was stepping down at the Pentagon. Almost immediately thereafter, then-President George W. Bush nominated Robert Gates as Rumsfeld’s successor, and during the lame-duck session, the Senate held confirmation hearings, a committee vote, and a confirmation vote on the Senate floor.

Gates was confirmed, 95 to 2, and he was sworn in the week before Christmas 2006. Some of the senators who voted in support of the nominee, to use Cruz’s language, had “just been defeated at the polls,” but it didn’t make a bit of difference.

Why not? Because they were still senators who had a job to do. Indeed, 2006 was an especially important year: the Republican majority in the Senate had just been voted out in a Democratic wave election, in large part because of the Bush administration’s national-security policy. And yet, the Senate still moved quickly and efficiently to consider and confirm a new Pentagon chief.

This wasn’t an “abuse of power.” It was just the American political process working as it’s designed to work.

The same is true now, whether Cruz understands that or not.

Of course, there’s another scenario the far-right Texan may also want to keep in mind: the longer Cruz and his cohorts delay the process, the longer Eric Holder will remain the Attorney General. Indeed, Holder made it quite clear yesterday that he intends to stay on until his successor is ready to step into the office.

Under the circumstances, and given the right’s uncontrollable hatred for the current A.G., shouldn’t Cruz want the Senate to vote on Holder’s replacement during the lame-duck session? Has he really thought his current posturing through?

 

By: Steve Benen, The Maddow Blog, September 27, 2014

September 28, 2014 Posted by | Eric Holder, Senate, Ted Cruz | , , , , , , , | Leave a comment

“The Usual Sorry For Your Loss”: Ferguson Police Chief’s Sad Excuse For An Apology

It took four hours for the police in Ferguson, Mo., to remove the body of Michael Brown, the unarmed teenager killed by a police officer, from the street where it lay. It took the police chief nearly seven weeks to issue an apology to Mr. Brown’s family. His videotaped comment was late, oddly staged and very unclear about what exactly he was apologizing for and why (apart from perhaps a desire to keep his job).

The videotape (http://nyti.ms/1BceEnw) by the police chief, Thomas Jackson, was bizarre in many ways. Appearing before an American flag and what looks like a city flag of Ferguson, he was not just in plain clothes instead of his uniform but he was wearing a golf shirt.

He started by talking about how the shooting of Michael Brown had sparked a national “conversation” about race and the role of the police “in that conversation.” Well, no. It sparked angry protests that were met by police armed to the teeth with automatic weapons, armored vehicles and tear gas. It sparked some rioting and looting. And it sparked outrage among African Americans around the country and not just in Ferguson, a suburb of St. Louis that is heavily black but has a town government and police force that is almost entirely white.

If that is Mr. Jackson’s idea of a conversation, I’d hate to see his idea of an argument.

Mr. Jackson allowed that Mr. Brown’s death was “the central issue that brought us here today.” And he said to the slain teenager’s family: “I’m truly sorry for the loss of your son. I’m also sorry that it took so long to remove Michael from the street.”

Please note: He’s not apologizing for the actual killing of Mr. Brown. He’s just offering the usual “sorry for your loss” that police offer people whose loved ones are killed – say in an automobile crash. And as for his apology for the four-hour delay in which the boy’s body lay on the street, that seemed pretty conditional too.

“The time that it took involved very important work on the part of investigators who were trying to collect evidence,” he said, adding that the investigators “meant no disrespect” and were “simply trying to do their jobs.”

He then apologized — actually seeming sort of sincere about it — to “peaceful protesters who did not feel I did enough to protect their constitutional right to protest.”

But it was not that you did not do enough to protect that right, Mr. Jackson, but you sent your small-town trained, big-war equipped cops out to deny them that right with the threat of deadly force.

As I said, I’m not sure why Mr. Jackson made this video. But it’s far too late, far too confused and far too self-serving to matter a whole lot.

 

By: Andrew Rosenthal, Taking Note, The Editorial Page Editors Blog; The New York Times, September 26, 2014

 

September 28, 2014 Posted by | Ferguson Missouri, Law Enforcement, Michael Brown | , , , | Leave a comment

“Paralysis Isn’t Inevitable”: Income Inequality And N.R.A. Dominance May Not Last Forever

One of the hardest things for us to do is to envision a future that is different from the present. For instance, we live in an age of paralyzed politics, so it is hard, in the here and now, to imagine what could change that. A second example: It is difficult to think of a scenario where federal gun legislation could be passed over the objections of the National Rifle Association. And a third: Income inequality has been the trend for some three decades; doesn’t it look as if it will always be that way?

What prompts these thoughts are two papers that landed on my desk recently. Although they tackle very different issues, they have one thing in common: They imagine a future that breaks from the present path.

The first is a draft of a speech given earlier this month at TEDMED by Daniel Webster, the director of the Johns Hopkins Center for Gun Policy and Research. (TEDMED is associated with TED Talks.) The second is an article in the latest edition of the Harvard Business Review by Roger Martin, the former dean of the Rotman School of Management at the University of Toronto.

Webster’s speech lays out an agenda that he predicts will reduce the murder rate by 30 to 50 percent within 20 years. “I don’t think that our current level of gun violence is here to stay,” he declares in the draft of the speech. Martin’s article is about how the rise of the “talent economy,” as he calls it, has helped further income inequality. But he doesn’t believe a high level of income inequality is an inevitable part of our future.

Let’s tackle Webster first. Politically, he told me, “It’s a loser to call for a gun ban.” Instead, his reforms would make it more difficult for criminals to get their hands on guns. Using background checks, he would keep guns away from people who have a history of violence. He would raise the age of gun ownership to 21. (Webster notes that homicides peak between the ages of 18 and 20.) He would pass laws that make gun dealers more accountable, including “requiring business practices that prevent guns being diverted to criminals.” And he would mandate something called microstamping, “which would make it possible to trace a gun used in a crime to its first purchaser.”

When I asked him why he thought these changes would eventually take place, given the inability of the Senate to pass a background check bill after Newtown, he pointed to polls that show the vast majority of gun owners favor such changes.

“The N.R.A. has been very successful in controlling the conversation and making it about a cultural war,” he told me. “But I believe that narrative won’t persist.” The key, he says, is to change the conversation so that it is about pro- and anti-crime instead of pro- and anti-gun. Once that happens, “gun owners will start to demand changes.” He added, “I think that ultimately that idea will prevail, and it will be a pretty mainstream idea.”

Now to Roger Martin. His essay traces the way “talent” came to replace labor and capital as the most important factor in the economy, so much so that those who were part of the talent economy could become billionaires even as the median income stalled and then slipped back. Chief executives, who have gorged on stock options, are part of the talent economy, and so are hedge fund managers, who charge the infamous “2 and 20” (meaning a 2 percent management fee and 20 percent of the profits), which ensures their wealth no matter how poorly their investors do. The interests of such talent, in his view, simply don’t align with the interests of the rest of us.

Like Webster, Martin also proposed a series of changes to “correct the imbalance,” as he puts it. He suggests that pension funds should see that they are best served when they do not hand capital to hedge funds, for instance. And he wants talent to show “self-restraint.”

When I told him that seemed unlikely, he told me he thought we were approaching a moment like 1935, when, after years of letting labor fend for itself, the government passed laws that protected labor and helped bring about the rise of the labor movement.

If talent doesn’t start taking the rest of the country into account, he said, he feared that the government would once again take significant action to level the playing field.

Given the current political paralysis, I asked, what might bring that about? “Another boom and crash,” he said.

Martin clearly sees his article as a warning to corporate executives and others who are part of the 1 percent. And maybe, just maybe, it will take hold. After all, not long after his article was published, Calpers, the huge California pension fund, announced that it was going to eliminate hedge funds from its portfolio. There’s hope yet.

 

By: Joe Nocera, Op-Ed Columnist, The New York Times, September 26, 2014

September 28, 2014 Posted by | Economic Inequality, Gun Deaths, National Rifle Association | , , , , , , | Leave a comment

“Corporate Tax Deserters”: Shirking Their Responsibility To Pay For What They Get

Corporations love to wrap themselves in the flag with sun-drenched TV commercials that proclaim a deep devotion to American workers and communities. But when it comes to actually taking responsibility for supporting the workers and communities that create the conditions for corporate profits, a record number of big businesses are deserting America.

Burger King is the latest corporation to announce it is moving to Canada — at least on paper — where it will pay lower taxes. In the past three years alone, at least 21 companies have completed or announced mergers with foreign corporations to avoid taxes in an operation known as “inversion.” That compares with 75 over the past 30 years. These only-on-paper moves will gouge a $20 billion tax loophole over the next decade.

These companies may be moving their taxes overseas, but they’re not ending their reliance on the U.S. government to operate profitably. They are just shirking their responsibility to pay for what they get. The companies still make money in the United States, where they hire workers educated by public schools, ship their goods on public roads, are kept safe by local police officers and firefighters, and protect their patents in America’s courts.

Of course, small businesses and American families can’t play the same traitorous game. We can’t hire lawyers and accountants to pretend to ship our homes and our income overseas. And most of us wouldn’t do that if we could.

We understand that paying taxes is part of our basic obligation as citizens and essential to building strong communities.

What we do resent about taxes is that the current system is upside down — big corporations and the wealthy game the system so they pay a smaller share of their income in taxes than working families and small business. The share of profits corporations spend on taxes stands at a record low. And those profits are reaching record highs.

It’s time to turn the tax system right side up by closing the tax loopholes that allow billionaires and huge corporations to escape paying their fair share to support the country that made them rich.

The Obama administration just took a major step to do that. Tiring of Republican objections to closing the corporate tax deserter loophole, Treasury Secretary Jack Lew announced he was issuing new regulations aimed at making it much harder for companies to reap tax benefits from an offshore move.

This step may curb some corporate desertion. In the long run, it would be best if Congress took action. Two bills (S2360 and HR4679) would end the current practice of treating corporate deserters as foreign companies when they are still really based right here.

Consumers can play a role too. In August, Walgreens — which bills itself as “America’s drugstore” — abandoned its plan to dodge $4 billion in taxes in the next five years by changing its corporate address to Switzerland. Walgreens reversed course when outraged consumers protested at its stores and on the Internet.

This nation faces huge challenges in building an economy that works for all of us. If we plan to build a better future for our children, we must insist that corporations be held accountable for their responsibilities to our families and communities.

 

By: Richard Kirsch, Senior Fellow at the Roosevelt Institute; The National Memo, September 26, 2014

September 28, 2014 Posted by | Big Business, Corporations, Tax Inversions | , , , , , , , | 1 Comment

“Dole, Nazis, And Desperation In Kansas”: Pat Roberts’ Oblique-But-Clear Hitler Comparison

Weren’t politicians supposed to agree that invoking Hitler is usually a bad idea? Somebody better remind Pat Roberts, the Kansas senator on whom the GOP’s hopes of taking over the Senate increasingly depend, that that’s the general bargain. Because lately, the evermore desperate incumbent is going around the Jayhawk State saying things like this:

“There’s a palpable fear among Kansans all across the state that the America that we love and cherish will not be the same America for our kids and grandkids, and that’s wrong. One of the reasons that I’m running is to change that. There’s an easy way to do it. I’ll let you figure it out. But at any rate, we have to change course because our country is headed for national socialism. That’s not right. It’s changing our culture. It’s changing what we’re all about.”

All right, no explicit Hitler mention. But…national socialism? We’ve all heard Obama equals socialism until it’s coming out our ears. But national socialism? That’s Nazism. The National Socialist Democratic Workers’ Party, in case you’d forgotten. And there was only one. Benito Mussolini came out of the more straightforwardly named National Fascist Party. Japan had something called the Imperial Rule Assistance Association.

But only Hitler’s Germany had a national socialist party (well, also certain successor offshoots, as in Hungary). So it’s pretty clear what Roberts is saying here. He would deny it, of course, if Kansas reporters tried to ask him. But denying it would be like giving a speech that makes reference to gruesome murders by repeated stabbing and using victims’ blood to write “Helter Skelter” on the walls and then saying goodness no, whatever gave you the idea that I was referring to Charles Manson?

This is not okay. But I would suspect Roberts is going to get away with it, because Greg Orman, the independent challenger who is lately running ahead of him, is not going to stand up in the state of Kansas a few weeks before Election Day and defend Barack Obama on anything, even an oblique-but-clear Hitler comparison.

The more one studies Roberts, the more one concludes that he is the kind of fellow that former Nebraska Senator Roman Hruska had in mind when he famously quipped that mediocre people are entitled to a little representation, too. Mediocre at best, malevolent at worst. It interests me that he’s lately trotted out old Bob Dole to campaign with him. Dole, coming as he does from an earlier time and now a defanged nonagenarian, represents a degree of old-school moderation at this point in his life, so by appearing with Dole while making references to national socialism, Roberts can cleverly have it both ways. But I hope enough Kansans remember what Roberts did to Dole when the latter was counting on him most.

Dole, who suffered a crippling injury in the Big War, had been one of the leading sponsors of the Americans With Disabilities Act in 1990. He always called it a proud moment. Fast-forward to late 2012, when the Senate was considering approval of an international treaty designed to spur other nations to emulate the United States’ groundbreaking law. Dole was its most famous spokesman. On December 4, 2012, the now-wheelchair-bound ex-senator rolled himself onto the floor of the old chamber to pigeonhole his former colleagues. A heart-rending scene. How could he lose?

Well, one way he could lose was for his old friend Roberts, who was in the House while Dole was in the Senate, to vote against him, which Roberts did. In fact both Kansas senators did—Jerry Moran’s betrayal was even worse, since Moran had committed to the measure publicly, which Roberts hadn’t. The right-wing lobbying machinery got cranked up and warned God-fearing Americans that approval of this treaty would give the United Nations the power to end home-schooling, or something like that. And so the world’s greatest deliberative body voted down a treaty inspired by our own good example because, you know, one-worldism, Obama, national socialism, and so on. And Roberts and Moran were the prime profiles in cowardice.

The only other time in his career that Washington took much notice of Roberts came during the Iraq War, when he walked point for the Bushies in bottling up for more than two years a report on how the administration misused pre-war intelligence. If you followed such things at the time, perhaps the phrase “Phase II report” will snap a synapse or two. Roberts made repeated promises early on that he would release the report, that there was nothing to fear and that he certainly wanted the truth. Then the weasel words crept in and he started to say things like: “I’m perfectly willing to do it, and that’s what we agreed to do, and that door is still open. And I don’t want to quarrel with Jay [Rockefeller], because we both agreed that we would get it done.” He reversed himself and danced all over the floor. The report was eventually released, but long after it would have had any dramatic political impact, which was of course why Roberts delayed in the first place.

So this is the career Roberts is seeking to salvage by dragooning the man he once betrayed into last-minute service and by raising the specter of America’s Nazi future. Roberts is behind right now, and GOP Governor Sam Brownback looks like he’s going to lose, meaning perhaps the top two Republicans in deep-red Kansas might go down in flames. And it would be nice to think that the right-wing extremism of the Obama era would come back to bite them in, of all places, the Koch brothers’ backyard.

UPDATE: I see from Greg Sargent that Roberts was asked about this quote by a reporter yesterday. He said: “I believe that the direction he is heading the country is more like a European socialistic state, yes. You can’t tell me anything that he has not tried to nationalize.” Great. So a United States senator has no idea what “national socialism” means. I guess in this case that qualifies as reassuring.

 

By: Michael Tomasky, The Daily Beast, September 26, 2014

September 28, 2014 Posted by | Kansas, Pat Roberts, Senate | , , , , , , , | 1 Comment

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