“Oil And Gas”: The Combustible Mix Of Ted Cruz And The House GOP
Congress will have to act fairly soon to approve a new stopgap spending measure, called a “continuing resolution,” to prevent a government shutdown at the end of the month. Leaders in both parties and both chambers seem fairly optimistic – especially now that President Obama has postponed an announcement on immigration executive actions – that an ugly fight can be avoided.
But as we learned during the Republican shutdown last fall, congressional leaders don’t always get what they want.
Sen. Ted Cruz again met with a small group of House Republicans late Tuesday night, this time to discuss over pizza a conservative strategy on the continuing resolution.
While many of the Cruz meetings have seemed to lack a specific agenda or resolution, members trickled out of Tuesday’s nearly two-hour meeting repeating a similar refrain: We want a new expiration date on the CR.
The House GOP leadership seems to have adopted a let’s-not-screw-this-up-again strategy. They’ll advance a “clean” spending measure that will keep the government open through mid-December, then act again during the lame-duck session that will follow the midterm elections. No muss, no fuss.
Cruz isn’t sure he likes that plan. The far-right Texan, for example, yesterday suggested members use “any and all means necessary” to prevent President Obama from using his executive powers to further address immigration policy. In the context of the continuing resolution, that presumably means Cruz would like to see measures added to the spending bill to tie the president’s hands – and if those measures aren’t there, then the spending bill should be blocked, regardless of the consequences.
The senator and his allies also have concerns about the length of the CR and a possible extension of the Export-Import Bank.
Whether their concerns have the traction necessary to shut down the government again is another matter entirely.
The fact remains that most House Republicans appear eager to spend as little time as possible on Capitol Hill before the elections. The goal, in general, is to keep the government’s lights on and get back to the campaign trail. Luckily for the GOP, most voters no longer seem to remember last year’s ridiculous shutdown, and so long as Republicans don’t do it again, they probably won’t face any real consequences for their actions at all.
And so when Cruz interjects to argue that he and his far-right cohorts should do it again, it’s a tough sell for the Texas Republican.
Still, strange things happen when Cruz and House Republicans huddle for private meetings.
As we discussed earlier in the summer, Cruz met privately with a group of House Republicans in late July to urge them to ignore their own leadership and oppose their party’s border bill. Less than a day later, House GOP leaders were forced to pull their preferred legislation – too many of House Speaker John Boehner’s members were listening to Cruz, not him.
It’s part of a growing pattern. Last September, for example, Boehner presented a plan to avoid a government shutdown. Cruz met directly with House Republicans, urged them to ignore their own leader’s plan, and GOP House members followed his advice. A month later, Cruz held another meeting with House Republicans, this time in a private room at a Capitol Hill restaurant.
This year, in April, the Texas senator again gathered House Republicans, this time for a private meeting in his office. In June, less than an hour after House Republicans elected a new leadership team, Cruz invited House Republicans to join him for “an evening of discussion and fellowship.”
In July, as Congress prepared for some 11th-hour legislating before their month-long break, Cruz and House Republicans met to plot strategy, and a week later, they huddled once more.
The Texas Republican doesn’t seem to get along with other senators, but he spends an inordinate amount of time huddling with House Republicans who actually seem to listen to his advice.
This time, though, the odds are against Cruz’s success. Will the House GOP majority really move towards a government shutdown – two months before Election Day – in the hopes of blocking executive actions on immigration that haven’t even been introduced? The fact that Cruz and his allies would consider such a tactic is itself remarkable, but he’s nevertheless likely to lose this round.
By: Steve Benen, The Madow Blog, September 10, 2014
“The Return Of The Ruthless Cyborg”: Republicans Just Can’t Get Enough Of Dick Cheney
It was just a few months ago when the Republican Study Committee, a group of far-right House GOP lawmaker, invited former Vice President Dick Cheney to Capitol Hill to complain about President Obama for a while. Rep. Steve Scalise (R-La.), now a member of the House GOP leadership, said at the time, in reference to Cheney, “He’s got a lot of credibility when it comes to talking about foreign policy.”
I don’t think he was kidding.
Apparently, this thinking remains quite pervasive among GOP lawmakers, who keep extending invitations to Cheney, his spectacular failures and incompetence notwithstanding. The Washington Post reported late yesterday:
The leading architect of the Iraq war will be on Capitol Hill for a private chat with House Republicans on Tuesday, just as Congress is grappling again with how involved the United States should be in the region’s snowballing unrest.
Yes, as in Dick Cheney, one of the war’s most ardent defenders. The former vice president was invited by the GOP’s campaign arm to speak at its first weekly conference meeting since Congress’s five-week break, a House GOP official confirmed.
It says something important about Republican lawmakers that to better understand international affairs, they not only keep turning to failed former officials, they keep seeking guidance from the same failed former official.
Indeed, this isn’t a situation in which Cheney was just wandering around, looking for someone who’d listen to his mindless condemnations of the president who’s cleaning up Cheney’s messes, and GOP lawmakers agreed to listen as a courtesy. Rather, Congressional Republicans have gone out of their way to make the former V.P. one of their most sought after instructors.
Just in this Congress, Cheney has been on Capitol Hill advising GOP lawmakers over and over and over again.
It’s tempting to start the usual diatribe, highlighting all of Cheney’s horrific failures, his spectacular misjudgments, and his propensity for dishonesty on a breathtaking scale. But let’s skip that, stipulating that Cheney’s tenure in national office was a genuine disaster, the effects of which Americans will be dealing with for many years to come.
Let’s instead note how truly remarkable the timing of Cheney’s latest invitation to Capitol Hill is.
Republicans are concerned about the threat posed by ISIS? The group’s existence is largely the result of the disastrous war Cheney helped launch under false pretenses.
Republicans are outraged that the White House is completing a plan for the next phase of the U.S. counter-terrorism policy? Cheney’s the guy who helped invade Iraq without a plan for what would happen after the war began.
I talked to a Democratic source last night who also reminded me of the current circumstances in Iraq, which are illustrative of a larger point. During Cheney’s tenure, the U.S. policy in Iraq was incoherent – the Republican White House couldn’t figure out what to do about the terrorist threat, parts of which they inadvertently helped create; picked Maliki to run the country almost at random; and struggled to understand the value of political solutions.
President Obama, meanwhile, has been adept where Cheney was clueless – patiently pushing Maliki aside and helping produce tangible political results in Baghdad, including the ones we saw just yesterday.
I don’t imagine any of this will come up during today’s “private chat.”
By: Steve Benen, The Maddow Blog, September 9, 2014
“Boehner’s Constitution Of Convenience”: Sermonizing Politicians Cannot Meet Even Their Most Rudimentary Responsibilities
People who live in glass houses shouldn’t throw stones. Especially when your glass house is the House of Representatives. Speaker of the House John Boehner made headlines last month, when he launched a misguided lawsuit against President Obama for ostensibly violating “his constitutional authority.” Yet if anybody is treading on the Constitution, it is Boehner himself. Speaker Boehner and his conservative caucus have shown a blatant disregard for the Constitution’s Sixth Amendment, which guarantees criminal defendants “the assistance of counsel.” In the process, they have failed to meet their basic constitutional responsibilities.
Boehner is cynically using the very process he refuses to fund for others less fortunate. In announcing his decision to sue the President, Boehner made the anodyne observation that “the legislative branch has an obligation to defend the rights and responsibilities of the American people.” These rights include those contained in the Sixth Amendment, which specifies the procedures of criminal prosecution. Notably, the Amendment protects the fundamental rights of criminal defendants to a speedy trial and to be represented by legal counsel.
Congressional Republicans’ extreme budget cuts threaten the core of the Sixth Amendment. Since 2010, Congress slashed hundreds of millions of dollars from the federal judiciary and federal public defense programs. Simultaneously, Congressional Republicans allowed states to enact draconian cuts to public defense. From Michigan to Mississippi, state legislators balanced their budgets on the backs of poor Americans who rely on public defenders. States rights are all well and good, but states do not have the right to violate the Constitution. Despite efforts by Democrats in Congress to stop the damage, Congressional Republicans refused to increase appropriations and provide reasonable levels of funding.
The results have been catastrophic. And the victims are some of the most vulnerable people in our society: low-income Americans trapped in a biased justice system. As noted by the ACLU and other advocacy organizations, the “deep cuts to the federal public defenders’ budget” resulted in “significant layoffs, 15-20 day furloughs, and the complete elimination of defender training.” Continuing on this dangerous path, according to the advocacy coalition, would “decimate the federal defender system.” On the state level, the consequences have been equally devastating. According to the Brennan Center for Justice, many state public defenders spend as little as six minutes per case because of paltry funding. The Brennan Center also found that public defenders often juggle “more than 300 cases at one time.”
Gideon v. Wainwright (1963) and Argersinger v. Hamlin (1972) are unequivocal: the Sixth Amendment of the Constitution entitles criminal defendants to effective legal representation. Congress has the responsibility to secure this right with appropriate funding. And it is not doing so. Low-income Americans are paying a very real price for this constitutional abdication.
Tea Party Republicans frequently pontificate about the Constitution. The 112th Congress, in which John Boehner was elevated to Speaker, began with a ceremonial reading of the document “for the first time ever.” The House Republican Caucus introduced a rule in 2011 that requires all legislation to “cite its specific constitutional authority.” Republicans routinely allege that President Obama’s actions menace the Constitution. To quote Republicans in Congress, America faces a “constitutional crisis” because “King Obama” has “rewritten the Constitution for himself.” But when it is time to actually stand up for the Constitution, these sermonizing politicians cannot meet even their most rudimentary responsibilities. America doesn’t need politicians who lecture about the Constitution; we need politicians who follow it.
Conservative Republicans don’t stop at undermining public defense. They also embrace extreme cuts to civil legal assistance. While not protected by the Sixth Amendment, civil legal aid is a vital component of the safety net. Every year, it helps 1.8 million low income Americans facing everything from domestic violence to foreclosure. Like criminal legal aid, it is also egregiously underfunded. Almost every House Republican supported a 2011 plan to chop nearly 20% from the annual appropriation of the Legal Services Corporation (LSC), the nation’s primary provider of civil legal aid. For some Republicans, these severe cut to LSC did not go far enough. 170 Republicans, or 70% of the Congressional Republican Caucus, subsequently voted to eliminate all funding for the LSC.
Fortunately, the Obama Administration and Congressional Democrats have successfully blocked the most radical reductions in public defense. Attorney General Holder and Solicitor General Verrilli have been tireless advocate for reversing the cuts and establishing an equitable judicial system.
Ironically, Speaker Boehner resorted to the American justice system to sue President Obama, the very system he has worked relentlessly to underfund for indigents. Instead of suing Obama, he should start fixing the system he and his colleagues broke.
By: Duncan Hosie, The Huffington Post Blog, August 26, 2014
“It’s Your Money”: Speaker Boehner’s Lawyer Is Charging The American Taxpayer $500 An Hour To Sue Obama
Last January, a Washington attorney named David Rivkin co-authored an article in Politico Magazine that laid out a legal theory that Speaker John Boehner (R-OH) now plans to use to sue President Obama because the president is not implementing Obamacare fast enough. Yet, as ThinkProgress laid out shortly after Boehner announced that he would file the lawsuit, Rivkin’s legal theory rests upon “a glaring misrepresentation of a recent Supreme Court decision that undermines much of the basis for this lawsuit.”
Nevertheless, Boehner decided to hire Rivkin to represent the GOP-led House in its suit against the president. Rivkin’s price? $500 an hour, all charged to the American taxpayer.
The contract caps Rivkin’s fees at a total of $350,000, although, if past is prologue, this cap will rise quickly. During the litigation challenging the Defense of Marriage Act, Boehner hired former Solicitor General Paul Clement to defend anti-gay discrimination at a fee of $520 per hour. Although an early iteration of Clement’s contract capped his total fees at $500,000, the total cost of Boehner’s legal services rose to $2.3 million. Clement’s legal fees were also charged to the American taxpayer.
However much money Rivkin ultimately collects from the American people, he is unlikely to win his lawsuit if the judges who consider it follow existing law. As a general rule, a plaintiff bringing a lawsuit must have actually been injured in some way by the person they are suing. Neither Boehner nor any other member of Congress, however, has been injured by President Obama’s decision to delay implementation of the provision of the Affordable Care Act at issue in this case. Additionally, in a 1997 case called Raines v. Byrd, the Supreme Court explained that suits brought by members of Congress alleging that their institutional rights as lawmakers have been injured are highly discouraged.
Nevertheless, it’s worth noting that the Roberts Court has shown a willingness to abandon established law when Obamacare is involved, so there is no guarantee that Rivkin will lose.
By: Ian Millhiser, Think Progress, August 25, 2014
“Perry Case Complicates Boehner’s Lawsuit”: Republicans Arguing One Thing For Perry, And The Exact Opposite For Obama
The indictment of Governor Rick Perry of Texas and his subsequent court case are about to complicate things politically for John Boehner. No matter the actual outcome of Perry’s case, the arguments made by Perry and his supporters are going to provide an easy equivalence with Boehner’s plans to sue President Obama — an equivalence that would not have existed had Perry not been indicted.
Perry is making the claim that the entire thing is just a partisan witchhunt, driven by out-of-control Democrats in the liberal enclave of Austin. He may succeed in convincing the public of this — and it remains to be seen whether this will help or hurt Perry among Republican primary voters in the upcoming presidential contest. So far, he has signaled that he’s going to wear it as a Republican badge of honor — standing up to liberals trying to tear him down in the courts. Here is Perry’s lawyer, summing up this defense:
The facts of this case conclude that the governor’s veto was lawful, appropriate and well within the authority of the office of the governor. Today’s action, which violates the separation of powers outlined in the Texas Constitution, is nothing more than an effort to weaken the constitutional authority granted to the office of Texas governor, and sets a dangerous precedent by allowing a grand jury to punish the exercise of a lawful and constitutional authority afforded to the Texas governor.
He is arguing that the voters entrusted Perry with executive powers, which Perry then faithfully exercised, and that the case against him is nothing more than Democrats fighting a partisan battle that they already lost at the ballot box.
Now, I should explicitly point out that I have no idea what the actual facts are and until a jury hears the case, it is impossible to know whether the indictment was partisan overreach or not. I’m not going to argue the facts of the case here, to put this another way — we’ll all have plenty of time to do so as the case makes its way through the legal system in the months to come. I’m instead focusing only on the politics of the case.
Perry and his defenders are going to be making the case for strong executive power, which (they will say) is supposed to be executed without the interference of the courts. That’s Perry’s argument in a nutshell, and so far he has not been shy about strongly making this argument himself.
But this is going to become a major political stumbling block for House Republicans when John Boehner actually files his own lawsuit against President Obama. Because they’ll be arguing that, in Texas, the executive should be allowed to execute his powers without interference from the courts; while at the same time arguing that on the national level the courts should indeed interfere with the executive attempting to exercise his powers. The parallels are going to be obvious to all, in fact.
Again, the facts of both cases won’t even really enter into the discussion much, because while one party thinks the Texas case is weak, the other party is going to say the same thing about Boehner’s case. The real argument, in both cases, is: Should this be the way politics works? At what point should political arguments be handled by the justice system? Perry’s case is all about politics from beginning to end. Boehner’s case will be too.
Republicans were counting on Boehner’s case to whip their base voters into a frenzy, right before the midterm elections. They were all set to pronounce the righteousness of their position, using the justice system to rein in an otherwise-unchecked president. That’s going to be a lot tougher sell now, especially since it is scheduled to happen after weeks and weeks of discussing the merits of the case against Perry. Republicans will be denouncing using the justice system against an executive in purely partisan fashion, and then they’ll have to start arguing that John Boehner has every right to use the justice system against an executive in purely partisan fashion. The turnabout will be so dramatic it might induce whiplash.
To the casual observer of politics, the two cases are going to sound an awful lot alike. Some Democrats, perhaps realizing this, have already expressed doubts about the case against Perry. The woman at the heart of the case isn’t exactly a “poster child” character, since video exists of her drunk driving arrest, which doesn’t exactly inspire confidence in her personality. To defend the case against Perry means also having to defend her, which is why some Democrats are already backing away from this one.
But Republicans won’t be able to back away so easily from Boehner’s case. This isn’t some squabble in one faraway state; this is national politics. The speaker of the House will be suing the president of the country, which can’t be written off as some sort of parochial affair. House Republicans are already on the record, having voted to proceed with the lawsuit right before the August break. For some Republicans, the lawsuit won’t even go far enough — Boehner is already walking a tightrope with Republicans who want to see him impeach Obama. Boehner won’t be able to back down, to put this another way.
But now the argument for suing Obama is going to get more complicated than anyone could have foreseen. Perry’s case is going to prepare the ground with the public, and provide Democrats with an easy response: “How is this case any different than Perry’s?” Republicans are going to be arguing one thing for Perry, and the exact opposite for Obama. This is going to become more and more obvious to all concerned, in fact.
The best Boehner can hope for, at this point, is that Perry’s case moves very, very slowly. Maybe everyone will forget about it if there is no breaking news from Austin in the next month or so. My guess, however, is that Democrats will be more than ready to remind everyone of the similarities between the two cases, and how Republicans are taking positions in the two which are completely contradictory. The Perry case — again, no matter how it turns out — has certainly made it a lot more politically complicated for Boehner to move forward with his lawsuit.
By: Chris Weigant, The Huffington Post Blog, August 20, 2014
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