“The Constitution Has Established A Process”: Obama Delivers Unmistakable Message To Republicans
President Obama hosted a press conference at the U.S.-Association of Southeast Asian Nations summit in California yesterday, which comes against a backdrop in which the future of the Supreme Court is dominating much of the domestic political conversation. The president is obviously aware of Senate Republicans’ plans for a total blockade against nominee, regardless of merit, so Obama took some time to remind GOP lawmakers about the constitutional process.
“The Constitution is pretty clear about what is supposed to happen now. When there is a vacancy on the Supreme Court, the President of the United States is to nominate someone. The Senate is to consider that nomination, and either they disapprove of that nominee or that nominee is elevated to the Supreme Court.
“Historically, this has not been viewed as a question. There’s no unwritten law that says that it can only be done on off years – that’s not in the constitutional text. I’m amused when I hear people who claim to be strict interpreters of the Constitution suddenly reading into it a whole series of provisions that are not there. There is more than enough time for the Senate to consider in a thoughtful way the record of a nominee that I present and to make a decision.”
Unfortunately for the right, all of this has the benefit of being true. The Constitution has established a process; Obama intends to follow the process; and there’s plenty of time for senators to do their jobs. It’s all surprisingly simple, and to date, Republicans haven’t come up with any coherent defense for rejecting any White House nominee, sight unseen.
Reflecting on the broader political circumstances surrounding judicial nominees, the president added, “The fact that it’s that hard, that we’re even discussing this, is I think a measure of how, unfortunately, the venom and rancor in Washington has prevented us from getting basic work done. This would be a good moment for us to rise above that.”
You can almost hear GOP senators laughing at a distance.
Looking ahead, the president reminding Republican lawmakers, “This is the Supreme Court. The highest court in the land. It’s the one court where we would expect elected officials to rise above day-to-day politics. And this will be the opportunity for senators to do their job. Your job doesn’t stop until you’re voted out or until your term expires. I intend to do my job between now and January 20th of 2017. I expect them to do their job as well.”
Of course, the high court vacancy isn’t the only subject on the political world’s mind. There’s also the matter of the election to choose President Obama’s successor.
As NBC News reported, Obama has taken note of the Republican frontrunner.
President Barack Obama on Tuesday reiterated that he doesn’t believe New York businessman Donald Trump will ever be president, saying the American people realize the highest office in the nation “is not a reality show.”
“I continue to believe Mr. Trump will not be president,” Obama said…. “And the reason is because I have a lot of faith in the American people. And I think they recognize that being president is a serious job.”
“It’s not hosting a talk show or a reality show. It’s not promotion, it’s not marketing. It’s hard. And a lot of people count on us getting it right.”
My suspicion is the leading Republican candidate and his team were delighted to hear this – with just a few days remaining before the South Carolina primary, Obama criticizing Trump is probably the best thing Trump can hope for.
By: Steve Benen, The Maddow Blog, February 17, 2016
“Never As Consistently Anti-Intervention As Advertised”: Vetting Bernie: He Never Voted For Intervention In Iraq — Except Twice
The only topic that preoccupies Bernie Sanders more than income inequality is his vote against authorization of war in Iraq, which he mentions at every debate and whenever anyone questions his foreign policy credentials. Fair enough: Sanders turned out to be right on that vote and Hillary Clinton has admitted that she was wrong to trust George W. Bush.
But the socialist Vermont senator is under fresh scrutiny today on the (further) left, where his support for intervention in Bosnia and Afghanistan has raised sharp questions. In Counter-Punch, the online magazine founded by the late Alexander Cockburn, his longtime collaborator Jeffrey St. Clair complains that even on Iraq, Sanders is a “hypocrite” who was never as consistently anti-intervention as advertised:
In 1998 Sanders voted in favor of the Iraq Liberation Act of 1998, which said: “It should be the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime.”
Later that same year, Sanders also backed a resolution that stated: “Congress reaffirms that it should be the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime.”
According to St. Clair, Sanders has dismissed those votes as “almost unanimous,” but that implies an absurdly elastic definition of the term. Looking up the actual vote, St. Clair found that 38 members of varying ideology and party affiliation voted no. To him, this means Sanders should be held responsible for the bombing campaign that followed, as well as the deaths of 500,000 Iraqi children who allegedly perished as a result of US sanctions (which seems to absolve the late dictator of any culpability for the sanctions regime, but never mind).
Certainly it is fair to ask Sanders — who strives to distance himself from his rival on foreign and security policy – why he cast those fateful votes to support Bill Clinton’s Iraq policy in 1998.
By: Joe Conason, Editor in Chief, Editor’s Blog, The National Memo, February 17, 2016
“Inconvenient Facts, Far Beyond The Pale”: Crazy Nut Donald Trump Thinks George W. Bush Was President On 9/11
Last fall, Donald Trump claimed that, on September 11, 2001, thousands of Muslims cheered the fall of the World Trade Center. This vicious fiction drew the scorn of fact-checkers and social liberals but caused nary a ripple in the Republican field. But, on Saturday night, Trump said something else about 9/11, something so far beyond the pale that conservatives finally rose up in righteous indignation. He claimed that on 9/11 the president of the United States was George W. Bush.
Republicans disagree internally on aspects of Bush’s domestic legacy, but his record on counterterrorism remains a point of unified party doctrine. Bush, they agree, Kept Us Safe. To praise the president who oversaw the worst domestic terrorist attack in American history for preventing domestic terrorism is deeply weird, and the only way this makes any sense is to treat 9/11 as a kind of starting point, for which his predecessor is to blame. (Marco Rubio, rushing to Dubya’s defense at Saturday night’s Republican debate, explained, “The World Trade Center came down because Bill Clinton didn’t kill Osama bin Laden when he had the chance to kill him.”) Trump not only pointed out that Bush was president on 9/11 and that the attacks that day count toward his final grade, but he also noted that Bush failed to heed intelligence warnings about the pending attack and that his administration lied to the public about weapons of mass destruction in Iraq.
Conservatives have always dismissed such notions as far-left conspiracy theorizing, often equating it with the crackpot notion that 9/11 was an inside job. The ensuing freak-out at Trump’s heresy has been comprehensive. “It turns out the front-runner for the GOP nomination is a 9/11 ‘truther’ who believes Bush knew 9/11 was going to happen but did nothing to stop it,” says Marc Thiessen, the columnist and former Bush administration speechwriter. “Moreover, Trump says, Bush knew there were no weapons of mass destruction in Iraq but lied to the American people to get us into a Middle East war.” Trump is “borrowing language from MoveOn.org and Daily Kos to advance the absurd ‘Bush lied, people died’ Iraq War narrative,” cried National Review’s David French. Weekly Standard editor Bill Kristol demanded that, even should Trump win the nomination, fellow Republicans refuse to “conscientiously support a man who is willing to say something so irresponsible about something so serious, for the presidency of the United States.”
In fact, Trump has not claimed that Bush had specific knowledge of the 9/11 attacks. He said, “George Bush had the chance, also, and he didn’t listen to the advice of his CIA.” That is correct. Bush was given numerous, detailed warnings that Al Qaeda planned an attack. But the Bush administration had, from the beginning, dismissed fears about terrorism as a Clinton preoccupation. Its neoconservative ideology drove the administration to fixate on state-supported dangers — which is why it turned its attention so quickly to Iraq. The Bush administration ignored pleas by the outgoing Clinton administration to focus on Al Qaeda in 2000, and ignored warnings by the CIA to prepare for an upcoming domestic attack. The Bush administration did not want the 9/11 attacks to occur; it was simply too ideological and incompetent to take responsible steps to prevent them.
It is certainly true that Trump took his attack a step too far when he insisted the Bush administration “knew” there were no weapons of mass destruction in Iraq. All of the evidence suggests that the Bush administration, along with intelligence agencies in other countries, believed Saddam Hussein was concealing prohibited weapons. But the evidence is also very clear that the Bush administration manipulated the evidence it had to bolster its case publicly, like police officers framing a suspect they believed to be guilty.
The cover-up was grotesquely crude. Republicans in Congress insisted that the original commission investigating the issue confine itself to faulty intelligence given to the Bush administration and steer clear of manipulation by the Bush administration itself. The report stated this clearly: “Our executive order did not direct us to deal with the use of intelligence by policymakers, and all of us were agreed that that was not part of our inquiry.” It was not until a subsequent commission that the administration’s culpability was investigated. And that commission, which became known as the “Phase II” report, found that the Bush administration did indeed mislead the public: “[T]he Administration repeatedly presented intelligence as fact when in reality it was unsubstantiated, contradicted, or even non-existent.”
You might think Republicans would have developed a sophisticated response, but they haven’t. Their defense for the last decade has consisted of claiming the Phase I report, which was forbidden from investigating the Bush administration, actually vindicated Bush, and ignoring the existence of the Phase II report. Today’s Wall Street Journal editorial does it again, calling the claim that Bush lied a “conspiracy theory,” which was refuted by — you guessed it — the Phase I report. (“Their report of more than 600 pages concludes that it was the CIA’s ‘own independent judgments — flawed though they were — that led them to conclude Iraq had active WMD programs.’”)
Republicans have walled inconvenient facts about the Bush administration’s security record out of their minds by associating them with crazed conspiracy theorists. It is epistemic closure at work: Criticism of Bush on 9/11 and Iraq intelligence is dismissed because the only people who say it are sources outside the conservative movement, who by definition cannot be trusted. The possibility that the Republican Party itself would nominate a man who endorses these criticisms is horrifying to them. To lose control of the party in such a fashion would be a fate far worse than losing the presidency.
By: Jonathan Chait, Daily Intelligencer, New York Magazine, February 16, 2016con
“It’s A Question Of Legitimacy”: Both Democrats And The Media Need To Be Clear About What Is Happening
It was only an hour after reports had confirmed that Supreme Court Justice Antonin Scalia was dead that Mitch McConnell declared “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” Of course that statement completely ignores the fact that almost 66 million people had used their voice to elect President Barack Obama to a four year term back in 2012. But it wasn’t long before people like Sen. Grassley – chair of the Senate Judiciary Committee – and all of the Republican presidential candidates weighed in to agree with McConnell.
As I watched all this unfold on Saturday night, this is the tweet that captured it for me:
Republicans rejected the President’s constitutional right to fill a Supreme Court vacancy before he’s named a nominee. Think about that.
— Jon Favreau (@jonfavs) February 13, 2016
The word “before” is carrying a lot of weight in that statement. It wasn’t long before much of the media had bought the underlying premise. Notice the word “technically.”
“He still will be technically the pres. of the US for another 11 months.” – CNN. Technically?
— John Aravosis (@aravosis) February 14, 2016
What this means is that Republicans are not even going to wait and question President Obama’s nominee on the merits. They are directly challenging his legitimacy to nominate anyone. That goes to the heart of a case they have been making for seven years now (starting with the whole “birther movement”). It is what Doug Muder referred to as the Confederate worldview.
The essence of the Confederate worldview is that the democratic process cannot legitimately change the established social order, and so all forms of legal and illegal resistance are justified when it tries…
The Confederate sees a divinely ordained way things are supposed to be, and defends it at all costs. No process, no matter how orderly or democratic, can justify fundamental change.
It is also reminiscent of Grover Norquist’s response back in 2003 when talking about how the GOP would handle a Democratic presidency in the “permanent Republican majority.” He said, “We will make it so that a Democrat cannot govern as a Democrat.”
That is what we are seeing played out right now with respect to a nomination to the Supreme Court. Republicans are questioning the very legitimacy of our current President to perform his Constitutional duties. That’s because the social order is changing (both in terms of cultural issues and demographics) and, for them, any form of resistance is justified.
Both Democrats and the media need to be clear about what is happening. Regardless of how often Republicans try to don the mantle of defending the Constitution, they are in the midst of attempting to undermine our democratic processes.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, February 15, 2016
“The Base Doesn’t Care About Conservatism”: In The Battle Of Us vs. Them, The Donald Has Been Winning From The Start
I think Lindsey Graham is about to find out that his predictive powers are not better than Bill Kristol’s:
Sen. Lindsey O. Graham (S.C.), a supporter of [Jeb] Bush, said of Trump: “This man accused George W. Bush of being a liar and suggested he should be impeached. This man embraces [Russian President Vladimir] Putin as a friend. The market in the Republican primary for people who believe that Putin’s a good guy and W. is a liar is pretty damn small.”
It takes a certain kind of determined myopia not to see in retrospect that George W. Bush was a liar of immense proportions. It’s also extremely difficult to ignore the disastrous consequences of his presidency:
“The war in Iraq has been a disaster,” Trump said Sunday on CBS’s “Face the Nation.” “It started the chain of events that leads now to the migration, maybe the destruction of Europe. [Bush] started the war in Iraq. Am I supposed to be a big fan?”
Despite all this, it might not be entirely accurate to say that the base of the GOP agrees with Trump’s assessment of our 43rd president. It’s probably more a matter of them not really caring much one way or the other. They’ve moved on.
I think it’s interesting that the Republican rank-and-file seem impervious to heresies against the Conservative Movement. Trump’s past comments calling for universal health care don’t bother them, nor do they hold his pro-Planned Parenthood funding against him. Was he pro-gay rights and pro-choice in the past? It’s no matter.
He makes a left-wing critique of the Iraq War and President Bush? Apparently, not too many people are offended.
You can go down a growing list. Trump calls for protective tariffs and opposes free trade. He uses eminent domain and strategic bankruptcy to further his business interests. He clearly fakes his piety in an unconvincing and frankly insulting manner. His private life is nearly the opposite of what the family values crowd espouses. He uses expletives and sexual innuendo (who will protect the children?).
What this calls into question is how much the appeal of conservative ideology has ever really explained the cohesiveness of the Republican coalition. Has it always been more a matter of tribalism and a team mentality? Could it be that what unites them is less free enterprise, retro-Christian values and a strong national defense than a shared antipathy for common enemies?
That’s been my working hypothesis for a while now, which is why I thought the Republican Establishment was deluding themselves when they said they’d destroy Trump once they began running ads about his record as anything but a movement conservative.
The people who support Trump are supporting him because he’s the kind of guy who will stand up the president and say that he wasn’t even born here. They don’t care whether he’s an economic protectionist or not. But they damn sure like that he’s willing to tell the Mexican government that he’s going to force them to pay for a Great Wall on the southern border.
In the battle of us vs. them, The Donald has been winning from the start.
Cruz is doing a decent job, too, but he’ll probably never be more than Trump’s caddie.
And, if Cruz does eventually outshine Trump, his appeal will be the exact same. It won’t be his adherence to strict constitutional originalism or his appeal to Christian Dominionists. It will be that Cruz convinces the base that he’ll do a better job than Trump of shattering the liberals.
By: Martin Longman, Political Animal Blog, The Washington Monthly, February 15, 2016
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