“Overturning Elections Has Consequences”: Perry v. Lehmberg And The Veto That Illuminated An Unsettling Trend
A truism: Almost nobody looks good in his booking photo.
That said, the 47th governor of Texas, one James Richard Perry, certainly gave it his best shot when he faced the camera at the Travis County Courthouse last week. The resultant image is … not terrible. Perry is caught somewhere between a tight smile and an outright grimace, his mien taut with confidence and seriousness of purpose.
Gazing on that photo, one cannot help but suspect that a transparently political indictment designed by his Democratic opponents to cripple this presumed presidential aspirant might actually help him instead. One is not usually disposed to think of Texas’ swaggering governor as a victim, but darn if this indictment hasn’t turned the trick.
Of course, if Democrats in Texas have done the Republican governor an inadvertent favor, they sure haven’t done the country one. What is this thing lately of political parties using the courts as weapons of political destruction, trying to win judicially what they could not win at the ballot box?
A few words of definition before we proceed. The reference here is not simply to lawsuits and prosecutions with political import. Obviously there has been no shortage of those. But the sins and alleged sins of Rod Blagojevich, William Jefferson, Larry Craig, Bob McDonnell, Tom DeLay and others — money-laundering, corruption, disorderly conduct — are at least recognizable as crimes.
By contrast, Republican Speaker of the House John Boehner is suing President Obama for issuing an executive order. Faced with mulish obstructionism from the GOP, Obama chose that route to make a technical change in a law — the Affordable Care Act — Boehner’s party hates. Now here’s Perry, indicted on felony abuse of power charges that could theoretically send him to prison for over a century. His crime? He issued a veto.
Here is the backstory: The district attorney of Travis County, Democrat Rosemary Lehmberg, was arrested last year for drunk driving. Video captured her being belligerent toward police. Perry called on Lehmberg, who oversees the state public integrity unit, to resign, perhaps so that he might appoint a friendly Republican successor to head an agency that has been a thorn in his backside. Lehmberg refused, so Perry vetoed $7.5 million in state funding for the integrity unit.
Neither principal in this sordid episode emerges covered with glory. Lehmberg’s behavior suggests the opposite of public integrity; she should have resigned. And Perry’s veto smacks of scorched earth, bully-boy politics, which is not pretty. It is also not a crime.
Things were not always thus. Once upon a time, the losing party felt itself bound to accept the will of the electorate with some modicum of grace. You weren’t happy about it, but you embraced the role of loyal opposition and bided your time until the next election in hopes your fortunes might change.
But that’s so 20th century.
For six years, the GOP has been trying to undo the election of 2008; Boehner’s lawsuit is only the latest of their many loopy schemes. Now, if Travis County is any bellwether, at least some Democrats are doing the selfsame thing.
It is behavior that should give all fair-minded Americans pause, regardless of party affiliation, for it illustrates with stark clarity the sheer brokenness of our political system. Flooded with corporate money, gerrymandered beyond any semblance of reason, it limps along prodded by those whose devotion to the “game” far outweighs any devotion they might have to that quaint relic we once called the public good. Now there is this misuse of the courts for political payback, this attempt to criminalize ordinary political activity.
The public should take note. Elections have consequences, folks used to say.
Overturning them does, too.
By: Leonard Pitts, Jr., Columnist, The Miami Herald; The National Memo, 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
“Bonzo Goes Bonkers”: Boehner’s Contempt For Obama Reaches Tipping Point
As a rule, those who ask House Speaker John Boehner (R-Ohio) about his relationship with President Obama tend to hear the same answer: the two leaders “get along fine,” the Ohio Republican likes to say.
But as Boehner’s frustrations mount, his commitment to a respectful tone has disappeared. The Speaker sat down with KTGO in North Dakota on Friday and showed real contempt for the president with a tone that seemed unusually caustic for Boehner.
Speaker John Boehner (R-Ohio) blasted President Obama’s domestic and foreign policies in a recent radio interview, saying Obama was “not prepared for the job.” […]
Boehner also blamed global tensions on Obama’s “apology tour” five years ago.
In political science circles, there are often spirited debates about whether anyone is ever truly “prepared for the job” of the presidency, but the fact remains that Barack Obama has some of the most significant accomplishments of any president in a generation, even in the midst of crises few of his predecessors have had to endure. Boehner, on the other hand, is routinely ignored and bullied by his own members, struggles to complete even routine legislative tasks, and his most notable accomplishment as Speaker – indeed, arguably his only accomplishment – was a government shutdown with no apparent purpose.
One of these two leaders is probably “not prepared for the job,” but it’s not who Boehner thinks.
As for the Speaker’s reliance on the “apology tour” talking point, it’s a painfully dumb argument, but more importantly, it’s beneath Boehner’s office. We expect lazy, recycled rhetoric from random talking heads on Fox, not the Speaker of the House.
Wait, it gets worse.
“There’s nobody more frustrated than I am, but we’re the minority party,” Boehner added.
Well, not really. Boehner is the Speaker of the House because his party isn’t in the minority, at least not in the House. It’s a divided government, but Boehner is nevertheless the ostensible leader of the majority party in one chamber.
Boehner said he is committed to reforming the country’s “broken” immigration system, but until “we have an administration committed to security of the border, it won’t happen.”
“We’ve tried and tried and tried, but he just won’t go there,” he said.
Wait, does the Speaker now want sympathy? The truth is, the Obama administration has already improved border security, and would improve it further as part of comprehensive immigration reform. Boehner won’t even bring a popular, bipartisan bill to the floor, refuses to unveil an alternative, refuses to negotiate with Democrats, and refuses to even consider a compromise.
“We’ve tried and tried and tried”? Have all of these efforts happened in secret because when it comes to immigration policymaking, it appears the only folks who aren’t trying are Boehner and his far-right caucus.
As for the larger point, does the Speaker believe such rhetoric will improve governing prospects over the next couple of years? Almost certainly not, though by all appearances, Boehner no longer cares.
By: Steve Benen, The Maddow Blog, August 18, 2014
“What’s Wrong With The GOP’s ‘Hell No’ Faction”: They’re Draining The Vitality From America’s Democracy
Ah, August — that time of year when the going gets tough … and Congress gets going.
On vacation, that is. And, to be fair, maybe Congress needs a vacation. All the stress of not passing laws and constantly thwarting any attempt by President Obama to fix America’s problems seems to be straining their sanity.
For starters, if you thought that, surely, partisan posturing by far-right congresscritters couldn’t get any nuttier, you’d be wrong. Last month, the GOP claimed that all the talk about impeaching President Barack Obama is being led by — guess who? — Barack Obama!
If you’ll recall, the top Republican leader, John Boehner (having discovered that the larger public is appalled that his party would even consider wasting time on such extremist nonsense) tried to do a political backflip. Impeachment talk, he fumed, is “a scam started by Democrats at the White House.” No Republican lawmakers, he barked to the media, are even discussing it.
Boehner, Boehner, Boehner! Apparently he didn’t hear Rep. Steve Scalise of Louisiana, who’s No. 2 on his own GOP leadership team, tell Fox News that he refuses to rule out impeachment. Or Rep. Kerry Bentivolio of Michigan exult that “it would be a dream come true” to impeach Obama, and that he has pursued advice from experts on how to proceed. Or Iowa’s Rep. Steve King, saying flatly, “We need to bring impeachment hearings immediately.” How about Randy Weber of Texas, who put it unequivocally: “The president deserves to be impeached, plain and simple.” And Georgia’s Jack Kingston confirmed that: “Not a day goes by when people don’t talk to us about impeachment.”
Still, Boehner did receive some backing on his claim that no one in the GOP has given a moment’s thought to impeachment. The always insightful Tea Party radio ranter Glenn Beck, for example, waded in with this question to his audience on a recent broadcast: “Have you spoken to one person (pushing such an idea)?” he demanded. “No one” has used the “I” word, he snapped. But, in fact, Beck does know one person who has: Himself! Also, Sarah Palin! And at least a dozen other likeminded sparklies on the way-out far-right horizon.
Right up to the time they departed Capitol Hill to enjoy vacations that will stretch through all of this month, much of September, and a good part of October, GOP howlers in Congress were pointing to several emergency issues that needed to be addressed — such as the humanitarian crisis of immigrant children crossing the U.S.-Mexico border and the growing crisis of our nation’s crumbling infrastructure. But … nothing. They simply adjourned and bolted off the job.
OK. They did do one thing. Incapable of legislating, they litigated. Boehner filed a frivolous lawsuit against President Obama, charging that he’s been governing unilaterally by issuing executive orders. But there are big problems with their suit.
One: Obama has issued far fewer executive orders than did his GOP predecessor, George W. Bush. Two: Their suit claims the president defied Congress by inadequately implementing the Obamacare health reform — but, hello? Republicans fought that reform tooth and nail and are still trying to stop it from being implemented, meaning they’re suing him for not doing something they don’t want done (another indicator that Congress does need to take an extended leave for mental health reasons). And three: As they vacated the Capitol, howling House leaders said that, in their absence, Obama should immediately deport the terrorized and traumatized migrant children who fled to the U.S. this summer from the gang violence and implacable poverty they faced in their Central America homes.
Again … Hello? The GOP’s call for deportations was a demand that — get this — the president should act unilaterally, by issuing an executive order.
These ideological zealots are nutty, but they’re clogging the roadway, preventing any of the progress that America desperately needs. As a result, not only is the public fed up with them but voter turnout is plummeting this year as people see that the “hell no” faction has turned democratic participation into a farce — so why bother?
Put away all hope for honesty or seriousness, ye who enter the nuthouse presently known as Boehner’s U.S. House of Representatives. Their antics could be laughed off — except that they’re draining the vitality from America’s democracy.
By: Jim Hightower, The National Memo, August 13, 2014
“The Speaker In Wonderland”: Boehner Sees Basic Current Events In The Reflection Of A Fun-House Mirror
The headline, at first blush, doesn’t seem amusing. House Speaker John Boehner’s (R-Ohio) latest op-ed – a 700-word piece for Politico – begins, “Do Your Job, Mr. President.”
It gets funnier, though, once the piece gets going. Boehner (or whoever writes these pieces for him) falsely claims, for example, to have “sent more than 40 jobs bills to the U.S. Senate.” He also claims the president “rewrote the law” by helping Dream Act kids, which isn’t at all what happened.
But the crux of the piece is about tax policy. “Our tax code, like our immigration system, is badly broken,” Boehner argues. “Because we have the highest corporate tax rate in the developed world, American companies have an incentive to relocate their headquarters overseas to lower their tax bill.”
That’s not quite right. We have a relatively high corporate tax rate, which corporations don’t actually pay thanks to holes in the tax code. President Obama has proposed cutting the rate while closing existing loopholes as part of a broader tax-reform package.
Republicans have refused, which made this part of Boehner’s op-ed plainly ridiculous, even for him.
…President Obama is hinting that he may act unilaterally in an attempt to supposedly reduce or prevent these so-called “tax inversions.” Such a move sounds politically appealing, but anything truly effective would exceed his executive authority. The president cannot simply re-write the tax code himself.
The right choice is harder. President Obama must get his allies on Capitol Hill to do their job. Senate Democrats, including Senate Majority Leader Harry Reid and Senate Finance Chairman Ron Wyden, pay lip service to tax reform, but they have utterly failed to act.
It sometimes seems as if Boehner lives in an entirely different reality – one in which the Speaker sees basic current events in the reflection of a fun-house mirror.
Let’s briefly review reality in the hopes of refreshing Boehner’s memory.
As we last discussed in February, House Republicans originally gave tax reform the special H.R. 1 designation – a symbolic bill number intended to convey its significance – with the intention of unveiling House Ways and Means Committee Chairman Dave Camp’s (R-Mich.) plan in the fall of 2013. Camp had spent three years of his life on a tax-reform overhaul, and House GOP leaders saw it as an important priority.
And then they changed their minds. In November 2013, Republicans no longer wanted to tackle the difficult task of overhauling the tax code, choosing instead to complain about “Obamacare” full-time. Shifting their attention to policy work, the party decided, would have been an unwelcome distraction.
By March 2014, House GOP leaders decided to give up on the idea altogether. Sure, GOP lawmakers could try to accomplish something on the issue, but the effort would almost certainly divide Republicans, and there was no guarantee they’d get a bill done, anyway. Worse, if they succeeded, it might offer an election-year win for President Obama, the very idea of which was a non-starter.
Asked in the spring about the substance of a tax-reform bill, Boehner said, quite literally, “Blah, blah, blah, blah.”
And now the House Speaker, who hasn’t even considered bringing the issue to the House floor, is whining in an op-ed that Democrats “pay lip service to tax reform, but they have utterly failed to act.”
This kind of chutzpah is kind of scary. Boehner seems to think we’re fools, unable to remember what he said and did just a few months ago, and unable to access Google long enough to check.
I can appreciate the Speaker’s frustration – he’s proven himself incapable of governing, and when he tries, his own members betray him – but that’s no excuse for shameless dishonesty.
“Do Your Job, Mr. President”? This from the Speaker who wants tax reform but won’t even try to pass it through his own Republican-led chamber? Which of these two leaders is failing to do his “job”?
By: Steve Benen, The Maddow Blog, August 11, 2014
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