“Shifting Winds, Changing Landscape”: Eric Holder Steps Up, GOP Stands Down On Sentencing Reforms
If you missed Rachel’s segment last night on Attorney General Eric Holder’s dramatic announcement on sentencing in drug crimes, it’s well worth your time. Indeed, by any fair measure, yesterday may be one of the most important days of the Obama administration’s second term, at least insofar as criminal justice is concerned.
Holder declared what many have long argued: too many Americans convicted of non-violent drug crimes are stuck in too many prisons for far too long. It’s a policy that costs too much, ravages families and communities, and has no practical law-enforcement rationale. That the Attorney General is using his prosecutorial discretion to circumvent mandatory minimums is an incredibly important step in the right direction — it’s the kind of move that will put fewer Americans behind bars for low-level, non-violent drug crimes.
What I was also eager to see were the next-day reactions, most notably from the right. Would Holder face a backlash from Republicans? So far, no. The conservative Washington Times ran this report today:
Grover Norquist, a conservative libertarian Republican and founder and president of Americans for Tax Reform … [claimed] that the Holder directive simply cribs from legislation by Democratic Sens. Richard J. Durbin of Illinois and Patrick J. Leahy of Vermont, along with Republicans Mike Lee of Utah and Rand Paul of Kentucky, that would give federal judges greater discretion in sentencing certain drug offenders.
In the House, Rep. Jason Chaffetz, Utah Republican, and Robert C. “Bobby” Scott, Virginia Democrat and ranking member on the House Judiciary subcommittee on crime, terrorism, homeland security, and investigations, also have introduced legislation to reduce recidivism and federal prison costs through post-sentencing risk assessments and other evidence-based programs developed by states.
Mike Huckabee responded to the AG’s announcement by saying he “finally found something I can agree with Eric Holder on.”
As best as I can tell, not one member of the congressional Republican leadership in either chamber criticized Holder’s decision in any way.
And that matters enormously.
As we discussed earlier in the summer, in the not-too-distant past, the conservative line on these issues lacked all reason and nuance. The right wanted more prisons, more prisoners, harsher sentences, an aggressive “war on drugs,” and no questions. To disagree was to invite the “soft on crime” condemnation. As the nation’s prison population soared to unprecedented levels, the right simply responded, “Good.”
The landscape has, however, changed rather quickly. Twenty years ago, if an Attorney General from a Democratic administration had made this announcement, conservatives would have condemned “letting drug addicts onto our streets.” Yesterday, such reactionary, knee-jerk reactions were muted, and among prominent Republicans, non-existent.
On the surface, this gives the Obama administration some breathing room — Holder and other officials will realize they can adopt common-sense measures without facing political fury and instigating a national uproar. But below the surface, the response suggests more systemic reforms may yet be possible — the A.G.’s move represents progress, but Congress will have to act to make more sweeping changes.
And for the first time in recent memory, that now seems realistic. As Greg Sargent explained yesterday, as the political winds shift on this issue, the “soft on crime” attacks “no longer have anywhere near the cultural potency or political relevance they once did. As a result, “this may now be an area where compromise is possible.”
By: Steve Benen, The Maddow Blog, August 13, 2013
“Pleading Ignorance”: Congress Can’t Pretend It Didn’t Know About NSA Surveillance
Having been, at one place or another in my career, on each side of the perennial debate in Washington about “who knew what and when,” I knew it was a matter of time before we started hearing it about the leaked NSA operations.
Since leaving government, I have written before about the weird dynamics of “briefing” Congress on sensitive operations, e.g., Nancy Pelosi’s claim that she didn’t know about CIA’s program of “enhanced interrogations” during the Bush Administration. Now, and perhaps ironically, we have a spate of Republicans saying they knew little or nothing of the NSA operations
So, what’s the real story behind this typical Washington play to the media?
The media, of course, has a field day because on any day, they can get someone in Congress who wants to get their face on TV to say most anything – this whips up the hysteria that gives the story legs.To them, it’s media Nirvana – it’s the Trayvon Martin case of national security, and the best thing since the “torture” scandal.
Here is what’s behind all this political smoke:
There are some traditional Republican vs. Democrat tensions at work, in that it’s an opportunity for Republicans to criticize a Democratic President.
The NSA operations are very awkward for many Democrats to support (and many don’t) because of their liberal views on personal liberties and conciliatory approaches to national security.
Likewise, Republicans – who traditionally are more aggressive in national security matters – are also reluctant to support a Democratic administration, even though they may agree with the NSA operations.
The “tea party” faction of the Republican Party opposes the NSA operations – and as such is aligned with the most liberal Democrats on the issue. Strange bedfellows indeed.
Members of the two intelligence committees, Republican and Democrat, seem generally to support the NSA operations – and they also seem to know the most about them. They should.
However, complaints that “we didn’t know about this” are now being heard from both congressional Republicans and Democrats who are not on the intelligence committees.
Coming, perhaps, are internal divisions within the intelligence committees, some Republican-Democrat spats and some between the committee leaderships and rank and file committee members. This is awkward for the intelligence committee leaderships.
The lawyers at the Department of Justice, are – uncomfortably perhaps – in bed with each other on the NSA ops, because the programs were started in the Bush administration and continued into the Obama administration. And the president himself has supported the programs in every opportunity he has had to talk about them. He clearly believes that privacy and security are in proper balance with the NSA operations – or at least not out of balance.
So, who (probably) knew what and when about the compromised NSA program?
Some relevant background: Ever since Watergate, the Church and Pike Committees, the creation of the intelligence committees and the enactment of the Foreign Intelligence Surveillance Act (by the Democrats, FYI) in the 70’s, there have been various legal requirements for the intelligence community to keep the Congress informed about what they are doing. And the Congressional Seniors, often called the “Gang of Eight” (majority and minority leaders of each house and majority and minority members of the intelligence committees), get briefed in more detail on the most sensitive intelligence activities and operations.
Now, put yourself in the place of the directors of the various intelligence agencies. If you have any political sense at all (and you wouldn’t be a director if you didn’t), you are going to tell all about your agency’s various activities and operations, including all the risks – at least to the gang of eight. This way no one can later accuse you of withholding information when one of these sensitive programs goes south or is compromised. And, because the most sensitive activities and operations are often the most risky, the odds of failure or compromise are correspondingly high.
So, we can assume that – at the very least – the gang of eight was fully briefed on the NSA operations. And we can also assume that any other member of the intelligence committees who expressed interest in the programs would have likewise had a complete briefing, including on-site briefings by agency technicians, if such were requested.
How about an ordinary member of Congress who was interested in these programs? They can also get briefings if they request them, and should approach their own party leaderships if they want additional information, or go to the leaderships of their house’s intelligence committee. Are these briefings often complex, technical and time consuming? Yes, for sure.
However, the suggestion that information is somehow being withheld from them is, frankly, silly, just as it was for Pelosi, a 10-plus year member of the gang of eight and a former chairman of the House Permanent Select Committee on Intelligence, to say that she didn’t know about the CIA’s enhanced interrogation program.
They know. They may wish they didn’t when the story hits the news, but they know. In fact, it’s to the administration’s advantage – whether Republican or Democrat – that they know all the details. In short, they are all in this boat together, whether they like it or not.
By: Daniel Gallington, U. S. News and World Report, August 12, 2013
“Republicans Against Reality”: The GOP Has Fallen Victim To Its Own Con Game
Last week House Republicans voted for the 40th time to repeal Obamacare. Like the previous 39 votes, this action will have no effect whatsoever. But it was a stand-in for what Republicans really want to do: repeal reality, and the laws of arithmetic in particular. The sad truth is that the modern G.O.P. is lost in fantasy, unable to participate in actual governing.
Just to be clear, I’m not talking about policy substance. I may believe that Republicans have their priorities all wrong, but that’s not the issue here. Instead, I’m talking about their apparent inability to accept very basic reality constraints, like the fact that you can’t cut overall spending without cutting spending on particular programs, or the fact that voting to repeal legislation doesn’t change the law when the other party controls the Senate and the White House.
Am I exaggerating? Consider what went down in Congress last week.
First, House leaders had to cancel planned voting on a transportation bill, because not enough representatives were willing to vote for the bill’s steep spending cuts. Now, just a few months ago House Republicans approved an extreme austerity budget, mandating severe overall cuts in federal spending — and each specific bill will have to involve large cuts in order to meet that target. But it turned out that a significant number of representatives, while willing to vote for huge spending cuts as long as there weren’t any specifics, balked at the details. Don’t cut you, don’t cut me, cut that fellow behind the tree.
Then House leaders announced plans to hold a vote on doubling the amount of cuts from the food stamp program — a demand that is likely to sink the already struggling effort to agree with the Senate on a farm bill.
Then they held the pointless vote on Obamacare, apparently just to make themselves feel better. (It’s curious how comforting they find the idea of denying health care to millions of Americans.) And then they went home for recess, even though the end of the fiscal year is looming and hardly any of the legislation needed to run the federal government has passed.
In other words, Republicans, confronted with the responsibilities of governing, essentially threw a tantrum, then ran off to sulk.
How did the G.O.P. get to this point? On budget issues, the proximate source of the party’s troubles lies in the decision to turn the formulation of fiscal policy over to a con man. Representative Paul Ryan, the chairman of the House Budget Committee, has always been a magic-asterisk kind of guy — someone who makes big claims about having a plan to slash deficits but refuses to spell out any of the all-important details. Back in 2011 the Congressional Budget Office, in evaluating one of Mr. Ryan’s plans, came close to open sarcasm; it described the extreme spending cuts Mr. Ryan was assuming, then remarked, tersely, “No proposals were specified that would generate that path.”
What’s happening now is that the G.O.P. is trying to convert Mr. Ryan’s big talk into actual legislation — and is finding, unsurprisingly, that it can’t be done. Yet Republicans aren’t willing to face up to that reality. Instead, they’re just running away.
When it comes to fiscal policy, then, Republicans have fallen victim to their own con game. And I would argue that something similar explains how the party lost its way, not just on fiscal policy, but on everything.
Think of it this way: For a long time the Republican establishment got its way by playing a con game with the party’s base. Voters would be mobilized as soldiers in an ideological crusade, fired up by warnings that liberals were going to turn the country over to gay married terrorists, not to mention taking your hard-earned dollars and giving them to Those People. Then, once the election was over, the establishment would get on with its real priorities — deregulation and lower taxes on the wealthy.
At this point, however, the establishment has lost control. Meanwhile, base voters actually believe the stories they were told — for example, that the government is spending vast sums on things that are a complete waste or at any rate don’t do anything for people like them. (Don’t let the government get its hands on Medicare!) And the party establishment can’t get the base to accept fiscal or political reality without, in effect, admitting to those base voters that they were lied to.
The result is what we see now in the House: a party that, as I said, seems unable to participate in even the most basic processes of governing.
What makes this frightening is that Republicans do, in fact, have a majority in the House, so America can’t be governed at all unless a sufficient number of those House Republicans are willing to face reality. And that quorum of reasonable Republicans may not exist.
By: Paul Krugman, Op-Ed Columnist, The New York Times, August 4, 2013
“And Then There Were 40”: The Madness Of The GOP Is The Central Issue Of Our Time
House Speaker John Boehner (R-Ohio) told reporters yesterday that President Obama and congressional Democrats are “in denial.”
Yeah, denial’s just awful, isn’t it?
Capping a legislative work period more noted for what it failed to pass than for what it completed, the House voted for the 40th time on Friday to repeal President Barack Obama’s health care reform law before heading home for a five week recess.
The GOP-controlled House voted to approve a measure to prevent the IRS from enforcing “Obamacare” in a 232-185 vote.
The legislation faces virtually no chance of advancing in the Senate, which is controlled by Democrats.
How many House Republicans voted for repeal? All of them who were on the Hill this morning.
If we include the Senate, the total number of votes held by congressional Republicans to repeal all or part of the federal health care law is 68.
We’re talking about a group of folks who are very slow learners.
At this point, what more can be said about such ridiculous congressional antics? Perhaps just this: with each one of these repeal votes, Republicans reinforce the impression that they’re not a serious governing party. On the contrary, they’re becoming rather pathetic.
Paul Krugman noted in passing last night, “[N]either you nor I should forget that the madness of the GOP is the central issue of our time.” This wasn’t in response to health care, but it might as well have been.
Whether GOP leaders are reluctant to do unglamorous work or not, Congress has an enormous amount of work it should be doing right now. This is especially true in the House, where lawmakers are supposed to be passing appropriations bills, working on the farm bill, negotiating on a budget, and if we’re really lucky, avoiding a debt-ceiling crisis in the fall.
Indeed, in the not-too-distant past, this was one of the more productive weeks of the year on Capitol Hill — before a four-week break, lawmakers traditionally scrambled to meet deadlines and get some work done so they’d have something to boast about during the August recess.
But that was before Republicans decided governing was for saps. Why get real work done when there are talking points to repeat, partisan stunts to execute, and “message votes” to push?
GOP lawmakers have already wasted months championing culture-war bills they know can’t pass and obsessing over discredited “scandals,” so there’s something oddly fitting about voting 40 times to take away Americans health care benefits, not because they expect their legislation to pass, but because vanity exercises like these make Republicans feel warm and fuzzy.
It’s as if Americans elected children to control half of the legislative branch of government.
Indeed, it’s been interesting of late to see President Obama give a series of speeches on the economy, and in nearly all of them, he takes time to mock congressional Republicans for these votes. Every time, the audience laughs — because in a way, this really is funny.
When lawmakers make fools of themselves, I suppose Americans should laugh at them.
It’s a shame Republicans aren’t in on the joke.
Update: Americans United for Change released a new video this afternoon, driving home exactly what the House GOP voted for (all 40 times).
By: Steve Benen, The Maddow Blog, August 2, 2013
“The GOP Roadblock To Repairs”: With Limited Time And Opportunity, Republican Infrastructure Intransigence Strikes Again
In 2005, the World Economic Forum ranked America’s infrastructure Number 1 in the world for “economic competitiveness.” Only eight short years later, the U.S. occupies 14th place. Instead of leading our global competitors in planning, staying current and building a transportation system for the 21st century, we have continued to invest at the same rate (in real inflation-adjusted dollars) as we did in 1968.
By way of example, Canada spends 4 percent of its GDP on transportation, investment and maintenance, with China spending 9 percent. The U.S. spends only 1.7 percent.
More than 69,000 of America’s bridges are deemed structurally deficient, more than 11 percent of all the bridges in our country. According to the American Society of Civil Engineers, the U.S. would need to invest $3.6 trillion between now and 2020 just to keep its infrastructure in “good” repair.
As a nation, our cities have become more congested, our commutes more delayed and our companies less productive. According to UPS, five minutes of daily delay for its trucks adds up to $100 million lost annually.
President Obama has long understood that investments made to our nation’s infrastructure will create jobs here in America that can’t be outsourced or replaced overseas. Interestingly, this is the same dynamic that has united two bitter enemies, the AFL-CIO and the U.S. Chamber of Commerce, around their mutual quest to see Congress appropriate more funding for infrastructure projects.
Even Republicans seem to understand the need, or at least they have indicated so at times. Senate Minority Leader Mitch McConnell, R-Ky., has said, “Everybody knows we have a crumbling infrastructure. Infrastructure spending is popular on both sides. The question is how much are we going to spend.” Senator Lindsey Graham, R-S.C., once claimed, “If you’re a Republican and you want to create jobs, then you need to invest in infrastructure that will allow us to create jobs.”
This week, President Obama proposed to cut corporate taxes and to invest in infrastructure projects to boost American jobs, all while being “revenue neutral.” These are concepts that have been championed by Republicans in the past, but generally ignored in recent times.
Unfortunately, true to form, the GOP backlash was immediate, claiming Obama’s plan offered them no concessions at all. McConnell said on the floor, “The plan, which I just learned about last night, lacks meaningful bipartisan input,” and thus he will oppose it. As the president suggested in a recent interview with the New York Times, “there’s almost a kneejerk habit right now that if I’m for it, then they’ve [Republicans in congress] got to be against it.”
So, once again, Congress is at a standstill while it admires our nation’s crumbling infrastructure. Seemingly, Republican leadership would rather put up roadblocks than work with the president to build and restore some of our nation’s fundamental structural needs to remain economically competitive – operative roads, bridges, dams, levees and rails. There are only 61 days left before the next government shutdown and nine legislative working days on the calendar in September. This limited time and opportunity will require leaders from both sides to step forward and work efficiently to pass the necessary legislation to get this country back on track.
Perhaps, while members of Congress are away in August, they will actually remember what they were for before they were against it.
By: Penny Lee, U. S. News and World Report, July 31, 2013
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