“The GOP Gang Of Supremes Go After Obamacare”: This Lawsuit Was A Fraud From The Get-Go
Look out — the Supreme Court’s black-robed gang of far-right ideologues is rampaging again! The five-man clan is firing potshots at Obamacare — and their political recklessness endangers justice, the Court’s own integrity, and the health of millions of innocent bystanders.
In an attempt to override the law, these so-called “justices” have jumped on a wagonload of legalistic BS named King v. Burwell. But that case is a very rickety legal vehicle. It sprang from a frivolous lawsuit concocted in 2010 by a right-wing front group funded by such self-serving oligarchs as the Koch brothers, Big Oil, Big Tobacco and Big Pharma. The chairman of the front group was neither delicate nor discreet in describing the purpose of the lawsuit as a raw political assault on Obamacare: “This bastard has to be killed as a matter of political hygiene,” he howled at the time. “I do not care how this is done, whether it’s dismembered, whether we drive a stake through its heart … I don’t care who does it, whether it’s some court someplace or the United States Congress.”
So much for the intellectual depth of the King case, which was fabricated on a twisted interpretation of only four words in the 906-page health care law. The plaintiffs claim that the law prohibits insurance subsidies to the millions of low- and middle-income Americans living in the 36 states that did not set up a state exchange — thus making health care unaffordable to millions of hard-working Americans and small businesses who are purchasing insurance on the federal exchange—essentially nullifying the heart of Obamacare.
Both the district and appeals courts rejected that perverse ideological tommyrot, and even the nation’s largest health care provider called the claim “absurd.” Nonetheless, the gang of Supremes grabbed the case as a chance to wreak their own brand of ideological havoc on a law they personally dislike.
By taking over this case, these Republican judges have openly become partisans, thrusting the Supreme Court itself into the forefront of the GOP’s war against Obamacare — and against Obama himself.
While we know that an anti-government group funded by plutocratic corporate powers is behind the lawsuit intended to terminate Obamacare — who are the four people who are out front as the actual plaintiffs in the case?
The Competitive Enterprise Institute is the corporate front, but it had no standing to sue, so it had to find some actual people who would claim they’ve been harmed by the health care law. Thus, David King, a 64-year-old Vietnam vet, was recruited to be the lead plaintiff in King v. Burwell, which is now in the Supreme Court’s hands. He and three co-plaintiffs were chosen to put sympathetic human faces on what essentially is a right-wing political ploy.
But who are they? An investigative article in Mother Jones magazine by Stephanie Mencimer reveals that King’s modest income as a self-employed limo driver exempts him from Obamacare’s insurance mandate — so he’s been done no harm by the law and, therefore, has no standing to sue. Moreover, as a veteran, he’s entitled to VA care and, in a few months, to Medicare, making him double-covered by public health programs. Mr. King’s main reason for being on CEI’s lawsuit appears to be that he loathes Obama, referring to him as “a joke” and “the idiot in the White House.”
None of the three other recruits seem to have been harmed by Obamacare, either. “I don’t know how I got on this case,” says Brenda Levy, adding that, “I don’t like the idea of throwing people off their health insurance.” Then there’s Rose Luck, whose low income also exempts her from the law’s mandates. But she, too, fiercely loathes Obama. She posted on her Facebook page that she “wouldn’t admit he was our president,” calling him “The anti-Christ” who only won the Oval Office because “he got his Muslim people to vote for him.”
This lawsuit was a fraud from the get-go — and if five Supremes use it to take away the health coverage of some 10 million Americans, they’ll also be exposed as rank political hatchetmen masquerading as “justices.”
By: Jim Hightower, The National Memo, March 4, 2015
“O’Reilly’s Trouble Deepens”: A Kennedy Tall Tale That Could Unravel Fox News’ Bully
Writers and advocates on the left have long catalogued the exaggerations, meltdowns and many stumbles of Fox’s Bill O’Reilly, to show that the guy who runs the No-Spin Zone is frequently unfair and relentlessly unbalanced. But now O’Reilly has a different sort of watchdog in CNN media reporter Brian Stelter, host of “Reliable Sources” – and Stelter is attracting more company.
Oh sure, the Fox bully dismisses Stelter — along with his critics at Mother Jones, Media Matters and, for that matter, Salon — as just another left-winger out to get him. But that charge won’t stick. The bright, earnest, hardworking former New York Times reporter isn’t known for his ideological crusading; he goes after MSNBC, not just Fox. But when Stelter finds an important story, he digs in.
The CNN host just spent his second straight Sunday on the O’Reilly mess, this time advancing the story about what has become the most damning and incontestable charge against the Fox host: that he lied about personally hearing the suicide of a mysterious friend of Kennedy assassin Lee Harvey Oswald, in Palm Beach, Florida, back in 1977, just as congressional investigators were closing in on the source. O’Reilly told the lie in his book “Killing Kennedy” as well as on the air at Fox.
In his book, O’Reilly wrote of tracking George de Mohrenschildt, who’d lived in Minsk and became friends with Oswald and his wife, Marina, in Dallas, after they returned from a stay in the Russian city. Kennedy assassination researchers believe de Mohrenschildt was a CIA asset, and he’s implicated in a lot of theories about the real motive for Kennedy’s murder. O’Reilly doesn’t dig into that story, but he tells a dramatic tale of his search for the Oswald associate:
As the reporter knocked on the door of de Mohrenschildt’s daughter’s home, he heard the shotgun blast that marked the suicide of the Russian, assuring that his relationship with Lee Harvey Oswald would never be fully understood.
By the way, that reporter’s name is Bill O’Reilly.
There’s no evidence O’Reilly was anywhere near the shooting. In fact, two years ago Jefferson Morley obtained a tape of a conversation between O’Reilly and congressional investigator Gaetan Fonzi, which proves he wasn’t there. Morley, a former Washington Post and Salon editor, posted the tape on his site JFKFacts.org, a clearinghouse for assassination news.
But it wasn’t easy to hear. After Media Matters surfaced Morley’s reporting, CNN obtained a much more audible version of the taped conversation from Fonzi’s widow. It proves O’Reilly wasn’t on the scene when de Mohrenschildt died. You can hear Fonzi tell O’Reilly “he committed suicide,” as O’Reilly asks when and how (“they say he shot himself). The Dallas-based reporter wraps the conversation by saying, “I’m comin’ down there tomorrow, I’m comin’ down to Florida,” and as he discusses grabbing a flight, it’s clear he wasn’t anywhere close. “Bill O’Reilly did not hear a gunshot from 1,200 miles away,” Morley told Stelter Sunday morning.
The journalist and JFK assassination investigator took his findings to Fox News two years ago, he said, but got no reply. Since Media Matters revived the Morley story, Fox has referred all questions to O’Reilly’s publisher, which is mildly interesting, since on the other charges Roger Ailes has staunchly stood behind his anchor.
The Kennedy lie is different from the other charges against O’Reilly – although as the number of challenged O’Reilly claims mount, it’s possible to wonder how much more reporters have yet to uncover. Let’s take them in order.
When it comes to reporting on his exaggerations and falsehoods about his time covering the Falklands War and guerrilla uprisings in El Salvador, there is at least some confusion over the real story. Although it’s clear O’Reilly didn’t come close to combat in the Falklands as he claimed, he’s been able to produce enough conflicting accounts about the Buenos Aires riot that he did cover to at least cloud the charges against him. Likewise, he obviously, even ludicrously exaggerated the danger he saw reporting in El Salvador, but you have to sort through different versions of different war scenes to get the truth.
O’Reilly’s claims that he witnessed the murder of nuns in El Salvador – “I saw nuns get shot in the back of the head,” he said more than once – were debunked by Media Matters too. But the Fox host told Mediaite, one of his go-to defenders, that he was referring to seeing photos of the murdered nuns, not the actual murders. “No one could possibly take that segment as reporting on El Salvador,” O’Reilly sputtered. Critics widely mocked him, but he seems to be getting away with that one too.
Then former colleagues came forward in the Guardian to refute O’Reilly’s heroic accounts of his reporting on the 1992 Los Angeles riots. O’Reilly claimed “concrete was raining down on us” and “we were attacked by protesters,” but journalists on the scene with him say they faced no such violence, though a camera was smashed by an angry resident. Jon Swaine reported:
Two of the team said the man was angered specifically by O’Reilly behaving disrespectfully after arriving at the smoking remains of his neighbourhood in a limousine, whose driver at one point began polishing the vehicle. O’Reilly is said to have shouted at the man and asked him: “Don’t you know who I am?”
A Fox spokeswoman told Swaine the Los Angeles stories were “nothing more than an orchestrated campaign by far left advocates.”
That’s a lot of smoke, and O’Reilly critics clearly believe there’s fire. But Fox is able to use the “he said, she said” nature of some of the charges to polish its brand and trash its perfidious left-wing enemies in the media. The Kennedy story isn’t crumbling under that treatment, because we have a tape of Bill O’Reilly contradicting Bill O’Reilly. It’s a “he said, he said” conflict — but the guy on tape is more believable than the guy writing the book.
I’m not going so far as to predict the Kennedy story will endanger O’Reilly’s perch at Fox. But this one might get other editors and reporters to take the story more seriously. It could encourage other former colleagues to bring more evidence about his serial exaggerating, even lies. O’Reilly may well survive this round of challenges to his credibility, but the stories aren’t going away any time soon.
By: Joan Walsh, Editor at Large, Salon, March 2, 2015
“The Same Old Stink Of Insinuation”: Hillary Clinton’s Emails; Is This A Scandal? Or A ‘Scandal’?
To someone who has watched many “scandals” that were expected to ruin Hillary Rodham Clinton evaporate into the Washington mist — even after a Pulitzer Prize-winning New York Times columnist predicted she would end up in prison! – the current furor over her email habits hardly seems earth shaking.
Now it isn’t unreasonable to ask public officials to conduct public business on government email accounts, but there was no such ironclad rule when Clinton became Secretary of State. In hindsight, it might have been better for her and the public if she had done so. Yet many prominent people, both in and out of government, have preferred private email, in the belief that those accounts provide stronger encryption and safeguards against hacking.
So far, the former Secretary of State doesn’t appear to have breached security or violated any federal recordkeeping statutes, although those laws were tightened both before and after she left office. She didn’t use her personal email for classified materials, according to the State Department. The Government Executive magazine website nextgov.com offers an admirably concise review of the legal and security issues here.
Certainly Clinton wasn’t the first federal official or cabinet officer to use a personal email account for both personal and official business, as most news outlets have acknowledged by now – indeed, every Secretary of State who sent emails had used a personal account until John Kerry succeeded Clinton in 2013.
As for the issue of archiving Clinton’s emails, which is required by federal regulations and law, the Washington Post suggests that she violated an Obama administration edict by using her own account. But that was still “permissible,” according to the Post, “if all emails relating to government business were turned over and archived by the State Department.”
Did Clinton – or more to the point, someone with line responsibility for such bureaucratic housekeeping – observe that rule? Last year, the State Department requested that all of the living former Secretaries of State turn over relevant emails for its archives. To date, only one of them has complied: Hillary Clinton. Her aides provided more than 50,000 emails to the government – and sent about 300 to the House Select Committee that is still investigating Benghazi.
Angry Republicans on that committee, plainly frustrated by years of failure to find any evidence that incriminates Clinton or President Obama in the loony conspiracy theories cherished by Tea Party Republicans, are behind the email stories first published by the Times. In fact, Clinton’s use of a private account has been publicly known for nearly two years — but that fact didn’t seem to trouble the Republicans until now, as she prepares to run for president. And today the House Government Operations Committee, chaired by Rep. Jason Chaffetz — a right-wing extremist whose own business card lists his Gmail address – is poised to take up the “investigation.”
This unappetizing scenario is most reminiscent of the bad old days, when a House committee chair “investigated” the tragic suicide of White House aide Vince Foster by pumping several pistol rounds into a watermelon in his back yard. Back then, various Senate and House committees chaired by Republicans endlessly “investigated” Whitewater, the FBI files, and other putatively scandalous matters, at a cost of tens of millions of dollars, with no purpose beyond selective, salacious leaks to reporters at the top newspapers and networks. Then everybody would feign outrage for a day or a week or a month, until the latest whatever passed into oblivion.
Someone might ask the congressional Republicans (and their media enablers) what they expect to find now. Is there any evidence of actual wrongdoing by Clinton and her staff – or merely the same old stink of insinuation? Will they seek testimony from former Secretary Powell, former White House aide Karl Rove — whose RNC.com emails mysteriously disappeared before a prosecutor could obtain them – or any of the thousands of other ex-officials who have used private email addresses to conduct government business? Or will they simply continue a political hunting expedition with taxpayer millions, which is what they seem to believe they were elected to do instead of governing?
By: Joe Conason, Editor in Chief, Editor’s Blog, The National Memo, March 4, 2015
“The Only Way Victory Can Be Achieved”: Republicans Still Obsessed With Message-Sending
There was a weird little sidelight to the just-concluded mini-crisis over funding for the Department of Homeland Security, which was that the American Action Network, a group allied with John Boehner, was running ads criticizing conservative Republicans for not supporting a clean DHS funding bill, even as Boehner was trying to win them over with a much softer approach. But what really struck me watching this was something about the message itself:
You may have noticed that when the ad says “put real teeth in immigration enforcement,” the image is of a Predator drone, presumably because we’ll be raining missiles down on people wading through the Rio Grande. Which is…interesting. But here’s the text:
“While the threats grow, conservatives in Congress want to beef up our security, enhance cybersecurity, and put real teeth in immigration enforcement. It’s the right message to send to our enemies. But some in Washington are willing to put our security at risk by jeopardizing critical security funding. That’s the wrong message to send to our enemies. Tell Congressman Tim Huelskamp to fund homeland security. Our safety must come first.”
This is a common argument, particularly when it comes to national security policy. “Sending messages” is supposed to be extremely important, and not just to friends and potential supporters, but to adversaries and enemies as well. Indeed, sometimes it seems that victory can be achieved if only we “send the right message.”
George W. Bush was particularly fond of citing the importance of proper message-sending. For instance, here are some of the things he said in the first debate he did in 2004 with John Kerry:
“[Iraqi Prime Minister Allawi] doesn’t want U.S. leadership, however, to send mixed signals, to not stand with the Iraqi people…I don’t see how you can lead this country to succeed in Iraq if you say wrong war, wrong time, wrong place. What message does that send our troops? What message does that send to our allies? What message does that send the Iraqis?…I know we won’t achieve if we send mixed signals. I know we’re not going to achieve our objective if we send mixed signals to our troops, our friends, the Iraqi citizens…The way to make sure that we succeed is to send consistent, sound messages to the Iraqi people…I think that by speaking clearly and doing what we say and not sending mixed messages, it is less likely we’ll ever have to use troops…But by speaking clearly and sending messages that we mean what we say, we’ve affected the world in a positive way…[Kim Jong-Il] wants to unravel the six- party talks, or the five-nation coalition that’s sending him a clear message…You cannot lead if you send mixed messages. Mixed messages send the wrong signals to our troops. Mixed messages send the wrong signals to our allies. Mixed messages send the wrong signals to the Iraqi citizens.”
Now I don’t mean to say that message-sending is never important. Adversaries and allies alike notice both what we do and what we say. But the idea that what matters in defeating ISIS is the message we send them is kind of crazy. There are plenty of reasons why it would have been a bad idea to shut down DHS, but it’s not like somewhere in Mosul a bunch of ISIS fighters would be watching CNN and say, “We were prepared to abandon this war, but this sends a message of weakness. The time to strike America is now!”
By: Paul Waldman, Senior Writer, The American Prospect, March 4, 2015
“Straight To ‘Hell No'”: The Rapid Radicalization Of The Republican Party By The Hard Right
This is a blog, not a history lesson. But I can’t resist trying to make some sense of the current Republican desire for self-immolation.
Where has this so-called “Hell No Caucus” come from? Whether it is refusing to pass bills to fund the government, approve increases in the debt ceiling or provide money for the Department of Homeland Security, the Republican Party has an increasingly apparent and growing antagonism to pragmatic solutions. It has drifted so far right that it is truly in danger of self-destruction. As New York Republican Rep. Peter King, put it on CBS’ “This Week,” “[T]here’s a wing within the Congress which is absolutely irresponsible – they have no concept of reality.” Speaking with MSNBC’s Luke Russert on Friday, he added, “I’ve had it with this self-righteous, delusional wing of the party.”
The GOP has become more and more extreme, to a point where it is barely recognizable from what it was in the 20th century. Even Ronald Reagan, and certainly Barry Goldwater, would not understand their party today.
I remember producing a pamphlet on the rise of the “New Right” in the early 1980s with an analysis of groups like the National Conservative Political Action Committee, the Heritage Foundation, the Moral Majority, the Conservative Victory Fund and many others. We argued how destructive the extreme right wing views were at the time but little did we realize how nihilistic they would become.
Here is the history lesson.
A very conservative group formed in 1973 called the Republican Study Committee. They were small, but they were opposed to both Richard Nixon and Gerald Ford as too liberal and decided to organize against their policies. Then-Rep. Phil Crane of Illinois and congressional staffers Paul Weyrich, who went on to found the Heritage Foundation, and Ed Feulner, who later headed Heritage, were driving forces, along with several other members of Congress. When Newt Gingrich became House speaker in 1995, he didn’t want a separate group on his flank causing trouble, despite the fact that his conservative views were not too far from theirs. So he abolished it; but it came back.
A National Journal article last year discussed in detail the evolution and rapid growth of this far right caucus.The growth of the Republican Study Committee since 1995 has been truly dramatic – 15 members out of 218 in 1995, up to 72 members out of 220 in 2001 and skyrocketing to 171 members in 2013. The percentage of Republicans who joined this very conservative group went from 7 percent in 1995 to over 70 percent last year.
It is not too difficult to understand why House Speaker John Boehner, or any speaker, might have trouble with his or her Republican caucus.
Of course, there are other groups. Michele Bachmann helped organize the Tea Party Caucus several years ago, a group more extreme than the Study Committee. And, now, an initial nine members of the Study Committee, led by Rep. Jim Jordan of Ohio, have begun to assemble the House Freedom Caucus. More trouble is afoot than Republicans may realize.
The vote last Friday where 52 Republicans bucked the speaker on his effort to move forward on funding for DHS says a lot about the GOP’s direction. The numbers don’t add up for Boehner to move much of anything forward, and the Senate won’t buy what the Study Committee or the Freedom Caucus are selling.
The rapid radicalization of the Republican Party is playing out in the presidential sweepstakes as well. The Conservative Political Action Conference has gone from a fringe gathering to a primary litmus test for most candidates.
There is no such thing as a moderate voice in the leadership of the Republican Party any longer; there is barely a Main Street conservative voice that will get traction within the party that now finds itself in control of the House and Senate. Even the John Boehners and the Mitch McConnells live in fear of the new suicide caucus.
The problem, as many Republicans know, is that this crowd is ungovernable and ultimately, nationally, unelectable.
By: Peter Fenn, U.S. News and World Report, March 3, 2015