“An Opportunity For Change”: Could The Ferguson Conflict Produce Actual Reform On The Limits Of Policing?
Every once in a while, a dramatic news story can actually produce real reform. More often the momentum peters out once the story disappears from the news (remember how Sandy Hook meant we were going to get real gun control?), but it can happen. And now, after the aftermath of the killing of Michael Brown in Ferguson, Missiouri, turned to a chaotic nightmare of police oppression, we may have an opportunity to examine, and hopefully reverse, a troubling policy trend of recent years.
The focus has now largely turned from an old familiar story (cops kill unarmed black kid) to a relatively unfamiliar one, about the militarization of the police. The images of officers dressed up like RoboCop, driving around in armored assault vehicles, positioning snipers to aim rifles at protesters, and firing tear gas and rubber bullets at Americans standing with their hands up saying “Don’t shoot!” has lots of Americans asking how things got this way. This issue offers the rarest of all things, an opportunity for bipartisan cooperation.
One member of Congress, Rep. Hank Johnson, has already said he’ll be introducing a bill to cut back on the 1033 program, under which the Department of Defense unloads surplus (and often brand-new) military equipment to local police departments at little or no cost. So for instance, a town might be able to acquire a Mine Resistant Ambush Protected vehicle (MRAP), designed to protect soldiers against roadside bombs and worth hundreds of thousands of dollars, for two or three grand. Radley Balko found towns with as few as 3,900 residents that had acquired an MRAP.
In the past, all that firepower has usually been directed at individuals—the person suspected of selling drugs who’s sitting at his kitchen table when a SWAT team made up of local cops, fancying itself Seal Team Six taking down Osama bin Laden, comes barrelling through the wall. But in Ferguson, a militarized police force was unleashed on an entire community.
On Thursday, Rand Paul wrote an excellent op-ed in Time magazine on both the militarization of law enforcement and the unequal treatment of black Americans by the police. As I’ve suggested elsewhere, this would be a great opportunity for a liberal who, like Paul, has something of a national constituency—let’s say Elizabeth Warren—to join with him and push for a bill, whether it’s the Senate version of what Hank Johnson is proposing or a different way to accomplish a similar set of goals.
So could they actually come together? This is unlike Sandy Hook for one big reason: in that case, there were powerful interests standing in the way of change. It wasn’t just the power of the NRA that stopped any gun reform from happening, it was the fact that almost no elected official in the Republican party wanted it either. That’s not the case here—as much as cops might like these shiny toys that make them feel like warriors, there isn’t a core interest of the GOP at work.
On the other hand, there are limits to what the federal government can do. The militarization of the country’s police forces is something that has been growing for a couple of decades, fueled first by the War on Drugs and then by the insane idea that the police in every hamlet in every corner of the country needed to be able to wage battles against Al Qaeda strike teams. Congress could turn off the spigot that pours this equipment into these communities, but unless the federal government starts repossessing the equipment it already distributed (highly unlikely, to say the least), police departments all over the country will still be awash in military gear.
And that’s the biggest challenge: the problems the Ferguson case highlights are widely distributed, through thousands of police departments and millions of interaction between cops and citizens. The federal government can respond in a limited way to what we’ve all seen, but its actions will go only so far.
But I can’t imagine there’s a police chief anywhere in America who hasn’t looked at this situation and concluded that the Ferguson police completely bollixed it up. They also can’t help but notice what happened when the Ferguson police were told to stand down in favor of the Missouri state troopers, who didn’t bother with the riot gear or armored personnel carriers, but just went out and listened to people, and the result was so different. So maybe some of those police chiefs will examine their own policies, when it comes to both using that equipment and dealing with crowds of protesters. Ferguson surely won’t change everything. But it might be a start.
By: Paul Waldman, Contributing Editor, The American Prospect, August 15, 2014
“Watching A Bad Idea Backfire”: Republican Antics Are Killing The GOP Among Swing Voters
For the last several weeks, the more congressional Republicans talked about suing, and possibly impeaching, President Obama, the more Democrats smiled. Aaron Blake explained why: the Republican antics are “killing the GOP among swing voters.”
The McClatchy-Marist College poll shows political moderates oppose the impeachment of Obama 79 percent to 15 percent. That’s a stunning margin. And not only that, if the House GOP did initiate impeachment proceedings, moderates say it would turn them off so much that they would be pulled toward the Democrats. By 49-27, moderates say impeachment would make them more likely to vote Democratic than Republican in 2014.
But it’s not just impeachment. As we’ve noted before, the House GOP’s lawsuit against Obama’s use of executive orders is turning out to be a political loser too. In fact, it’s not much more popular than impeachment.
Americans say 58 percent to 34 percent that the GOP should not sue Obama, and moderates agree 67-22. Moderates also say by a 50-25 margin that the lawsuit makes them more likely to back Democrats in 2014.
Oops.
Congressional Republicans, by targeting the president so aggressively, probably assumed this would motivate the GOP base, if nothing else, but even that isn’t entirely going according to plan. Greg Sargent, looking at the same data, explained this morning, “The poll also finds that 88 percent of Democrats say the lawsuit would make them more likely to vote for their side, while 78 percent of Republicans say the same.it…. [T]his effort may scratch the hard-right GOP base’s impeachment itch, but it could end up motivating Democrats more.”
And yet, GOP officeholders and candidates still can’t help themselves.
Even as Republican leaders try to downplay their anti-Obama schemes, and dismiss impeachment rhetoric as a Democratic “scam,” the message doesn’t seem to have reached everyone in the party. Just yesterday, we heard more impeachment talk from a House GOP candidate…
Matthew Corey, the Republican challenging Rep. John Larson (D-CT) in Connecticut, said Saturday that he believes President Obama should be impeached, according to the Bristol Press. Corey said that Obama has violated the constitutional provision that gives Congress “all legislative powers” and said the president has been “breaking the oath of office.” He also said he supported the House’s efforts to sue Obama for choosing “what parts of a law he wants to enforce.”
… and a current House GOP lawmaker.
Rep. Steve King called into Glenn Beck’s radio program this morning to discuss his confrontation last week with advocates of immigration reform. During the interview, King told Beck that it is vitally important for House Republicans to rein in President Obama for the remainder of his term so that he cannot destroy America before this nation can elect a new president “whom God will use to restore the soul of America.”
Saying that Republicans cannot “unilaterally disarm” by taking the threat of impeachment off the table, King declared that the GOP must work to “restrain this president so that he doesn’t do serious destructive damage to our constitution” in order to allow this nation to “limp our way through his terms of office.”
This sort of talk has practically become a daily occurrence. If the McClatchy-Marist data is correct, Democrats are likely hoping it doesn’t stop anytime soon.
By: Steve Benen, The Maddow Blog, August 13, 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
“Sunlight Is The Best Disinfectant”: In 2014, You Can Still Buy A Senate Seat
Leaving aside for the moment the debate over whether or not individuals, corporations or nonprofits should be able to give an unlimited amount of money to a political candidates, shouldn’t we at least know who they are and when they do it?
Our federal representatives are so controlled by the money they receive that they have not been able to pass legislation requiring simple disclosure of contributions from outside groups.
So, as is the case with many other issues these days, the states are stepping in when the federal government demonstrates no capability to lead. Which is pretty much all the time, on every issue.
Last week, Massachusetts Governor Deval Patrick signed a reasonable disclosure law requiring all groups making independent expenditures—that is, money for campaign ads and the like—to disclose their donors within seven days, or within 24 hours if it is 10 days or less before an election. Additionally, the top five donors of more than $5,000 must be listed in advertisements.
Let’s take a look at the kind of problem the lack of any federal action encourages.
Recently, a candidate for the U.S. Senate in Georgia, David Perdue, came from behind and won a tightly contested runoff against a former congressman, Jack Kingston. And it turns out he did so with the help of more than $2 million in advertising attacking his opponent that came from a couple of political organizations based in Ohio, one of which was formed in 2011 with the express purpose of “promoting a stronger economic climate in Ohio.”
Would it surprise you to learn there is a loophole in federal disclosure requirements? Technically, a political action committee is supposed to disclose its donors. But tax-exempt “social welfare” nonprofits do not. And, guess what? Nearly all the money that was dumped into the PACs that funded the George Senate race came from two nonprofits.
So we now have a candidate for the U.S. Senate in Georgia whose margin of victory was absolutely supplied by, um, we have no idea.
For all we know, Perdue may be a terrific guy and a potentially great U.S. senator. But it sure doesn’t instill faith in our system, or encourage voters to participate, when unknown special interests from outside a state can swoop in and affect the outcome of an election.
And believe me, this is not just happening in Georgia. It’s happening in most high-profile political races, with the rare exception of those where the candidates have engaged in agreements to ban outside funding, or are considering pledges to disclose all “dark money” funding.
So, as the Georgia race just proved, you really can buy a U.S. Senate seat. And, while buying a Senate seat may be constitutionally protected thanks to the Citizens United decision, there are no similar protections for doing so anonymously.
So thank you, Massachusetts, for invoking in action the words of the former Supreme Court Justice Luis D. Brandeis: “Sunlight is the best disinfectant.”
By: Mort McKinnon, The Daily Beast, August 11, 2014
“Presidential Leadership Is A Moving Target”: For Republicans, President Obama Shouldn’t Do Anything That Might Make Them Mad
If Ron Fournier’s goal was to generate some discussion with his new column, he succeeded. Putting aside whether readers found his thesis compelling, it’s clearly generated some chatter.
Before highlighting Fournier’s case, it’s important to note for those unfamiliar with his work that the National Journal columnist is perhaps best known for his frequent – some might say, incessant – calls for President Obama to “lead” more. Many, including me, tend to think Fournier’s thesis is superficial and blind to institutional limits, but it’s nevertheless become a signature issue for him.
It’s with this background in mind that his latest piece seemed especially noteworthy. Fournier considered the president’s possible use of executive actions on some key issues, including immigration, and urged caution.
Bypassing Congress may be legal. The reforms he wants may be a good idea. But when I look beyond the next election and set aside my issue biases, I reluctantly conclude that it would be very wrong.
Depending on how far Obama extends presidential authority – and he suggested Wednesday that he’s willing to stretch it like soft taffy – this could be a political nuclear bomb. The man whose foundational promise was unity (“I don’t want to pit red America against blue America”) could seal his fate as the most polarizing president in history.
Well, that certainly sounds serious. Fournier has been eager, if not desperate, to see Obama lead more, but now that the president is considering a forceful demonstration of leadership, the columnist sees a “political nuclear bomb.” And why is that?
For argument’s sake, let’s say Obama is right on the issue and has legal authority to act. The big question is … Would it be wrong to end-run Congress? Another way to put it might be, “Would more polarization in Washington and throughout the country be wrong?” How about exponentially more polarization, gridlock, and incivility? If the president goes too far, he owns that disaster.
Hmm. For argument’s sake, the nation is facing some serious policy challenges, and the White House has some meaningful solutions in mind. Those solutions, again for argument’s sake, are both legally sound and correct on the merits. As a matter of public policy, President Obama could take these actions and advance proposals with real merit.
But apparently, he should do no such thing. Fournier, who has spent years complaining about the need for Obama to lead more, now recommends the president lead less – because doing the correct and legally sound thing would make Obama’s opponents unhappy.
It’s a curious prescription for presidential leadership: Obama should take bold moves to move the nation forward, but only if his opponents who refuse to govern first extend their approval.
Under this Fournier thesis, legal authority and policy merit are but two legs of a three-legged stool. The president still needs permission from those who would see him fail – even if they refuse to govern, even if they will not negotiate in good faith, even if their preferred policy is to do nothing, regardless of the consequences.
Kevin Drum summarized this nicely: “What Fournier is saying is that President Obama shouldn’t do anything that might make Republicans mad. But this means the president is literally helpless: No proposal of his has any chance of securing serious Republican engagement in Congress, but he’s not allowed to take executive action for fear of making them even more intransigent. Obama’s only legitimate option, apparently, is to persuade Republicans to support his proposals, even though it’s no secret that Republicans decided years ago to obstruct everything, sight unseen, that was on Obama’s agenda. So that leaves Obama with no options at all.”
I find Fournier’s argument well-intentioned, but ultimately incomprehensible. Indeed, to a certain degree it’s bizarre – Fournier has argued that Obama must “act” on his agenda. Great presidents, the columnist has said, “find a way” to advance their goals, even in the face of fierce opposition.
And as Obama prepares to do exactly that, effectively embracing on Fourier’s own advice, the National Journal columnist suddenly decides bold presidential action isn’t so great after all. Obama’s principal concern should no longer be advancing worthwhile ideas to advance national interests, but rather, the focus should be what might make Republicans – the unpopular party that lost the most recent elections – angrier than they already are.
The president’s detractors can’t have it both ways. They can’t say Obama is leading too much and too little at the same time. They shouldn’t demand bold action and passive timidity simultaneously.
By: Steve Benen, The Maddow Blog, August 8, 2014