“This President Should Be Able To Do Absolutely Nothing”: In Dramatic Pointless Gesture, Boehner To Sue Obama
Pretty much since the moment Barack Obama finished speaking the oath of office in January 2009, Republicans have been charging that he was abusing his power, exceeding his authority and acting like a tyrant. You might remember that for a time in those early days, conservatives (led by Glenn Beck) were obsessed with the idea that Obama had appointed a group of “czars” who were wielding unaccountable power to implement all sorts of nefarious schemes. They were unable to say how a “czar” differed from “a person who works in the White House,” and that particular iteration of their outrage faded, but the underlying suspicion only grew. In the years since, the list of alleged usurpations of authority has grown daily, the charge that Obama is “lawless” becoming a constant.
At its root is the idea that Barack Obama’s presidency is inherently illegitimate, and whatever he does in that office must be illegal, or nearly so. This often translates into complaints about process, so that even when they lose, Republicans charge that the game was rigged. For instance, conservatives have said thousands of times that the Affordable Care Act, despite being probably the most exhaustively debated piece of legislation in decades, was “rammed through” Congress before anybody realized what was happening. Actions that all presidents undertake, like making recess appointments, signing executive orders, or simply having agencies write regulations, become yet more evidence of Obama’s horrific authoritarian rule.
It’s safe to say that many if not most Republicans would be eager to impeach Obama were such a move not a guaranteed political disaster for them. So John Boehner has decided to pursue a kind of impeachment-lite, announcing that the House of Representatives will be suing the president for abusing his power. “The Constitution makes it clear that the president’s job is to faithfully execute the law,” he said. “In my view, the president has not faithfully executed the law.” It’s impossible to tell at this point whether the suit has any merit, because Boehner didn’t actually cite any specific transgressions the suit will allege.
But my guess is that the suit will throw in every process complaint the Republicans have had over the last five years, because it’s mostly about Boehner’s right flank, both in Congress and in the Republican electorate. Even if the suit gets thrown out of court, Boehner will still be able to say to the eternally angry members to his right, “Hey, I’m the guy who sued Obama! I hate him as much as you do!”
It’s irresistible to charge Republicans with hypocrisy, especially given the fact that they were unconcerned when the Bush administration pushed so vigorously at the limits of presidential power. Bush and his staff regularly ignored laws they preferred not to follow, often with the thinnest of justifications, whether it was claiming executive privilege to ignore congressional subpoenas or issuing 1,200 signing statements declaring the president’s intention to disregard certain parts of duly passed laws. (They pushed the limits of vice presidential power, too—Dick Cheney famously argued that since the vice president is also president of the Senate, he was a member of both the executive and legislative branches, yet actually a member of neither and thus not subject to either’s legal constraints. Seriously, he actually believed that.)
Needless to say, at the time Republicans were perfectly fine with these moves, because when the Bush administration was doing these things, it was in support of policies they favored. And that’s how it goes: Process complaints are almost always a cover for substantive disagreement. A backroom deal made to pass a piece of legislation you agree with is just how the sausage gets made; a deal made for a piece of legislation you disagree with is evidence of deep corruption. A filibuster of a bill you oppose is a principled use of established procedures; a filibuster of a bill you favor is cynical obstructionism. And it’s a little rich to hear congressional Republicans wail that Obama has subverted their will, when their will is that this president should be able to do absolutely nothing.
To be clear, I’m not saying that it’s impossible that there could be any merit to whatever claims Boehner and his colleagues will make. There may have been situations in which Obama pushed presidential prerogatives beyond what the law and the Constitution allow, which the courts will decide. But this question comes up with every president, both because they all want to pursue their goals and try to find every means at their disposal to do so, and because the limits of that power are somewhat vague and complex. As it happens, in numeric terms, Obama has been far more restrained than his predecessor; he has issued fewer executive orders than other recent presidents, and has also used signing statements only occasionally (although recently he cited one of his signing statements as justification for failing to notify Congress 30 days before the release of Taliban prisoners in exchange for Bowe Bergdahl).
The numbers aren’t really the point, though; the question is whether Obama actually ever exceeded his authority. This lawsuit may help us understand whether that occurred, and the result might set a useful precedent to guide future presidents. But I doubt it. More likely, it’ll be an intensely partisan document whose purpose is to shake a fist at the president Republicans so despise, and it’ll get tossed out of court and thrown in the dustbin where it belongs, one more futile, angry gesture from an opposition that has lost the ability to offer anything else.
By: Paul Waldman, Contributing Editor, The American Prospect, June 26, 2014
“She Can See Things 16 Days Before They Happen”: The Woman At The Center Of The IRS ‘Scandal’ Must Be Clairvoyant
If I were the Republican Party, rather than attacking Lois Lerner as a modern-day E. Howard Hunt, I’d hire her as an election consultant. Why? Because the former commissioner at the center of the “newly re-burgeoning” IRS “scandal” is clearly a clairvoyant. I should think she’d be pretty handy for Reince Priebus to have around this October. You see, she can see things 16 days before they happen.
How do I know this? Consider the timeline of events. Lerner, who worked in the service’s Washington office, was first alerted that employees in the Cincinnati branch were using “inappropriate criteria” (key words like “tea party”) to process the applications of nonprofit groups on June 29, 2011. This comes from the very Treasury Department IG report that first made this whole business public. See the timeline here.
OK, so that’s that. Now, you’ve been hearing all this stuff lately about her lost emails, right? Her emails from between January 2009 and April 2011 disappeared. Went poof. It was in early 2010 that the IRS began using the inappropriate criteria. Looks awfully suspicious, doesn’t it? She lost all her emails pertaining to the period under examination and then some. Stinks to high heaven. Some have compared the missing two-plus years to the famous 18 1/2-minute gap in the Watergate tapes.
One problem. Her computer crashed on June 13, 2011. It was the following day that she wrote to other IRS personnel to tell them: “My computer crashed yesterday.” This date was noted last week by Sander Levin, the ranking Democrat on the House Ways and Means Committee.
That was when all those emails disappeared on her. It happened 16 days before she even knew about the problem in the Cincinnati office. So how likely is it that she deleted those emails in order to prevent House investigators from being able to learn anything about the “scandal”? Considering that she didn’t know about the problem yet, I’d say bloody unlikely.
In other words, this is just another ridiculous allegation in a parade of them. Admittedly, all of these revelations have looked dubious at first glance. But all of them have fizzled upon serious examination. It wasn’t just groups on the right that were targeted. The IRS head who visited the White House 155 times or whatever it was turns out to have gone to the Old Executive Office Building, not the White House, most of those times, and largely to talk about the IRS’ role in crafting and implementing Obamacare. And so on.
On top of that, the idea that Obama himself had some hand in this stuff, which was of course the original suspicion and orgasmatronic dream in Wingnuttia, is and always has been utterly crazy. I wouldn’t have put much past George W. Bush, but I would never have believed that even he would have orchestrated a scandal with such little upside (keeping some groups from getting 501c3 status) and such massive downside (possible Nixonian illegality). Dick Cheney, maybe, but not Bush.
And on top of that, the extremely unsurprising fact is that federal government computers crash all the time. These agencies’ internal operations are all underfunded, and bureaucrats all over the country are using primitive computers that groan under the weight of today’s demands. Plus, requirements for data preservation are fairly lax—and even if they weren’t, problems happen in this realm frequently.
Remember the Bush-era U.S. attorney firings? The Bush White House announced that it had lost 5 million emails during that probe. Not all emails relating to the Valerie Plame investigation were properly preserved. And finally, a Justice Department report found that many emails written by and to two Bush administration officials who’d been involved in crafting the “torture is legal” argument had suddenly gone missing. I’m sure the people today saying that the IRS scandal is bigger than Watergate were making excuses then.
In this case, no excuses need to be made. Unless Lois Lerner is a clairvoyant, the idea that she deleted emails on June 13 to cover up behavior she didn’t even learn about until June 29 is simply preposterous to any rational person with even a passing respect for facts and evidence. Unfortunately, that doesn’t describe Darrell Issa, who is holding another hearing Monday night (yes, night!), casting his fishing line out into the sea one more time. His colleague Trey Gowdy is going to be getting all the Benghazi headlines once that committee is up and running, so Issa has to find something to do, I suppose.
What’s amusing to me here is this: Conservatives are the people who think government can’t do anything right. That is exactly the situation we have here. IRS employees in Cincinnati really screwed up the processing of applications. The people in the charge of them in Washington were to some degree asleep. Computers crashed and emails were lost. As far as conservatives are concerned, that’s what government does all the time.
To conservatives, that usually explains a lot. But here of course they thought they had a chance to advance the more delectably sinister theory that Obama is out to destroy his political enemies. But sorry. Obama’s no Nixon, and Lois Lerner is no Rose Mary Woods.
By: Michael Tomasky, The Daily Beast, June 23, 2014
“June Is GOP Throwback Month”: Republicans Are Not Trying Very Hard To Escape Their Past
The right has long seemed stuck in the 1980s, ever basking in Ronald Reagan’s warm glow and policy solutions. This month it seems conservatives have decided to switch things up and temporally relocate themselves to the 2000s, if just for a little while.
So a giant squirrel is following former Secretary of State Hillary Clinton around the country on her book tour. Seriously. The Republican National Committee has dispatched someone in a bright orange squirrel costume to appear at her book events. The costume, Mother Jones reported this week, is left over from a similar 2008 publicity stunt in which the party used the squirrel to illustrate its concerns about ACORN, the now-defunct voter mobilization group. There was a logic to it then – squirrels and acorns – but now it’s as if someone at the RNC was cleaning out a closet, came across the squirrel suit and thought to themselves: Well, we can’t let this beauty go to waste. So the squirrel now wears a T-shirt which reads, “Another Clinton in the White House is Nuts.”
That sentiment neatly channels one of the early, sanctimonious premises of the George W. Bush presidency – the idea of Clinton fatigue, that the country didn’t want any more of the 42nd president, that “America wants somebody to restore honor and dignity to the White House,” as Bush put it while campaigning for the office. That somebody at the RNC thinks describing a return to Clintonism as “nuts” indicates that that particular delusion hasn’t been dislodged in the intervening 14 years. Remember that when he left office Bill Clinton enjoyed a 66 percent approval rating, according to Gallup. And just this week a Wall Street Journal/NBC News/Annenberg poll found that he is easily the most admired president of the last quarter century, with 42 percent of respondents naming him the most admired chief executive in that time. That’s light-years ahead of President Barack Obama (18 percent), the Bush who succeeded Clinton (17) and the one who preceded him (16). Peace and prosperity will do that for you.
Of course the Bush presidency reoriented itself after 9/11, and we’re getting a flashback of those years as well, thanks to the collapse of the Iraqi armed forces in the face of the jihadist Islamic State of Iraq and the Levant (an al-Qaida splinter group) and the civil war in Syria. So the whole neocon cast that devised the original Iraq fiasco have crawled out of the GOP memory hole apparently intent on proving the old Karl Marx-ism that history repeats itself first as tragedy then as farce. “This is about preventing another 9/11,” former Deputy Defense Secretary Paul Wolfowitz said on MSNBC this week, having updated his talking points not a wit from the first time he advocated sending armed forces into Iraq. Writing on The Weekly Standard’s website, Fred Kagan and Bill Kristol argue for air strikes and ground troops as “the only chance we have to persuade Iraq’s Sunni Arabs that they have an alternative to joining up with” al-Qaida or facing government death squads. Truly nothing persuades people of our benevolent intentions like bombing and invading their country. We’ll be greeted as liberators – just like we were the first time, right?
But the award for abject lack of self-awareness goes to former Vice President Dick Cheney, who wrote with his daughter in The Wall Street Journal this week: “Rarely has a U.S. president been so wrong about so much at the expense of so many.”
Meanwhile back in the original Bush country – Texas – the 43d president’s gubernatorial successor this month channeled one of the uglier aspects of the 2004 presidential campaign, shameless gay-bashing. Recall the role played in the Bush re-election campaign of riling up the social right with state level campaigns against gay marriage. Speaking in San Francisco last week, Texas Gov. Rick Perry compared homosexuality with alcoholism, saying that both afflictions can be resisted with a sufficient amount of will power. This sort of noxious comparison might have been unremarkable a decade ago, but times have changed and rapidly, with polls now showing majorities of Americans favoring marriage equality, for example. In 2014 it draws rebukes like this one, from CNBC host Joe Kernen: “I don’t think gay marriage leads to cirrhosis of the liver or domestic violence or DWIs.” Yeah, there is that.
Perry seems to have gotten the message, telling reporters at a press lunch on Thursday that he – and the GOP in general – shouldn’t get “deflected” onto social issues like the nature of homosexuality. “I stepped right in it,” he said.
Adjusting to rapid change can be hard, doubly so for conservatives whose ideology inherently resists it. Perhaps the best recent example of that emerged this week from North Carolina. State House Speaker Thom Tillis, the GOP Senate nominee, told “Carolina Business Review” in 2012 (the interview was ferreted out this week by Talking Points Memo) that “the traditional population of North Carolina and the United States is more or less stable. It’s not growing. The African-American population is roughly growing but the Hispanic population and the other immigrant populations are growing in significant numbers. We’ve got to resonate with those voters.” When asked whether Tillis was characterizing whites as the state’s and the country’s “traditional population,” his spokesman said no, that he was merely referring to “people who have been in North Carolina for a long time.” This is transparent nonsense. He contrasted the “traditional” population with, among others, the African-American population, which I’m fairly certain has been in the Tar Heel State for some time now.
But take a step back and look past the offensive content: Tillis was answering a question about his party’s inability to appeal to minorities, so when he talked about non-“traditional” voters he was doing so in the context of wanting to “resonate” with them. If this is the right’s idea of reaching out, it’s going to be a long decade for them – no wonder they’re trying to C.
By: Robert Schlesinger, U. S. News and World Report, June 23, 2014
“The Scandalmongers”: Benghazi, What New Details Reveal About The ‘Scandal’ And Its Promoters
In the years since the terrorist attack that killed Ambassador Chris Stevens, his aide Sean Smith and CIA officers Tyrone Smith and Glen Doherty in Benghazi on September 11, 2012, President Obama’s congressional critics have complained long and loudly about his failure to apprehend the perpetrators immediately. Republican experts like Ted Cruz and Darrell Issa, along with the right-wing media machine, even insinuated that Obama might not really want to catch the Benghazi perps.
So when news came last weekend that US forces had picked up Abu Khattala, the chief suspect, in a long-planned secret raid, all the politicians who have proclaimed their anguish over the murders of our diplomatic and intelligence personnel ought to have been elated. They should have sent congratulations, if not apologies, to the White House.
But if the Benghazi tragedy has revealed anything, it is the utterly partisan obsession of those who have tried to stoke the “scandal.” So naturally, the same Republicans who have been preparing yet another Capitol Hill show trial – their “select committee” to investigate Benghazi – were barely able to conceal the dismay they so obviously felt over Khattala’s capture.
It is astonishing to watch the long faces of these elected officials, who yield to none in their flag-waving super-patriotic posturing, when the Obama administration manages to neutralize a dangerous enemy of the United States. Their animosity toward the president always seems far more intense than their hatred of our country’s actual adversaries. It is equally remarkable to listen to their petty complaints and phony arguments, as they try in every instance to diminish his achievement.
In this particular instance – as the Republican “terrorism experts” on Capitol Hill, in Washington think-tanks and the national media undoubtedly know – the time required to nab the alleged Benghazi ringleader was fairly short. Remember that the Bush administration never managed to find Osama bin Laden for seven years following 9/11 – after seeming to allow the al Qaeda chief to escape from Tora Bora. Nobody heard a whining peep from the likes of Lindsey Graham or Darrell Issa over that “intelligence failure” – indeed, they appeared content to pretend, along with President Bush, that bin Laden truly no longer mattered. And former vice president Dick Cheney, author of all those failures, even invented a cheap reason to attack the president.
Finding and arresting terrorists abroad is almost always a long game, as proved in the 1998 African embassy bombings that killed a dozen Americans and hundreds of local employees in Nairobi and Dar es Salaam. That investigation entailed 15 years of hunting before Nazih Abdul-Hamed al-Ruqai was finally grabbed by American forces last October – including eight years during which the Bush administration accomplished nothing, again without eliciting a word of recrimination from the Republicans who now criticize Obama incessantly. Evidently none of those critics thought the Ruqai arrest worthy of notice.
No doubt the Republicans will persist in their Benghazi inquest, without embarrassment – although everyone understands that it is nakedly aimed at Hillary Rodham Clinton, who worries them more than any terrorist could. But even as they brood and plot, the news proceeding from the Khattala arrest is even worse than they might have expected. Now that the alleged ringleader is in custody, the key element behind accusations of a White House “cover-up” is evaporating.
According to the Republican narrative, Ambassador Susan Rice was dispatched to recite misleading talking points about the Benghazi attack. In television interviews, she indicated that a video offensive to Muslims might be the underlying cause of the attack. The purpose was to suggest a spontaneous assault rather than a planned act of terror, which might contradict the president’s assertions, in the midst of the 2012 election, that his efforts had decimated al Qaeda.
The truth turned out to be more complicated than the guidance provided to Rice by the CIA. Terrorists, mainly from a Libyan gang known as Ansar al-Sharia, did participate in the assault on the U.S. diplomatic compound.
But The New York Times last weekend reported that Khattala told his associates he led the attack to “take revenge for an insult to Islam in an American-made online video.
“An earlier demonstration venting anger over the video outside the American Embassy in Cairo had culminated in a breach of its walls, and it dominated Arab news coverage. Mr. Abu Khattala told both fellow Islamist fighters and others that the attack in Benghazi was retaliation for the same insulting video, according to people who heard him.”
He made the same assertion on the record to a reporter for The New Yorker, while denying his own culpability.
So much for the Benghazi scandal, which was never much of a scandal at all: Whatever details may emerge in the months to come about the motives of Khattala, we already have learned all we need to know about the motives – and character – of the scandalmongers.
By: Joe Conason, The National Memo, June 20, 2014
“The Wars Not Fought”: The Doors Into Hell Are Many, The Exits However Are Fewer
We owe Mother Jones, the magazine, a public service nod for a graphic tour last year of all the countries that John McCain has wanted to attack. Spanning the globe, the fist-first senator has called for violent regime change in more than half a dozen nations, ranging from all-out ground invasions to airstrikes to arming sides in endless sectarian conflicts.
The map of McCain’s wars is worth considering as a what-if had the would-be vice president Sarah Palin and her running mate in 2008 prevailed. McCain continues to play quick-draw commander in chief to this day. He said he’d send troops into Nigeria “in a New York minute,” to rescue the girls kidnapped by Islamic terrorists, even without permission of the sovereign country. And just after President Obama’s speech Wednesday at West Point, McCain lamented that America’s young men and women were not still in the Iraqi city of Falluja.
Yes, Falluja — where tribal militias loyal to one warped religious tenet or another continue to slaughter each other with abandon. It’s a hard truth for a country as prideful as the United States to accept, but most Americans have now concluded that the Iraq War was a catastrophic mistake. Obama, at least, has tried to learn something from it.
Al Qaeda was never in Falluja before the American invasion. They have a stronghold in Falluja now, for which McCain blames the withdrawal of United States troops. Think about that: it’s not our fault because we opened the doors to the factions of hell; it’s our fault because we withdrew from hell.
As Obama tries to pivot from foreign policy by bumper sticker, McCain and an intellectually bankrupt clutch of neocons are trying to present themselves as the alternative. Dick Cheney, the warrior with five draft deferments, is in this diminishing camp, calling Obama “certainly the weakest” president in his lifetime. But both McCain and Cheney are outliers, blustery relics with little backing in either party. Only seven percent of Americans expressed support for even considering a military option after Russia forced Crimea into its fold. That’s a sea change in sentiment from 2001, or even 2008.
The nation’s future military leaders embody this shift. The biggest response from the cadets at West Point came when Obama said, “you are the first class to graduate since 9/11 who may not be sent into combat in Iraq or Afghanistan.” They cheered.
But all of that is not to let Obama off the hook. His big foreign policy speech was flat and passionless, with no central vision. The fault may lie with this particular moment in world history. The Cold War was easy to frame. The War on Terror was as well, at least at first. Now, things are more muddled. How do we help the newly elected government of Ukraine? If we aggressively arm one side in Syria, what happens if they turn out to be religious extremists who want to put women back in the 9th century?
Obama didn’t specifically say so, but the guiding principle for this era of nuance and shadows may be no more complex than this: Stay out of wars of unintended consequence.
“Since World War II, some of our most costly mistakes came not from our restraint,” said Obama, “but from our willingness to rush into military adventure — without thinking through the consequences; without building international support and legitimacy for our action, or leveling with the American people about the sacrifice required. Tough talk draws headlines, but war rarely conforms to slogans.”
Is that weakness, or wisdom? Well, neither. But it’s a realistic reaction to the hard fact that the last 50 years have produced the three longest wars in American history. And it’s a pitch-perfect reflection of where most Americans are today.
Afghanistan was supposed to be a swift move to crush a regime that allowed terrorists to flourish — not 13 years, and counting, of nation-building. Vietnam was billed as a blow for freedom against global communism — not a 10-year military muddle in a civil war posing no threat to the United States. Iraq was going to be clean and quick — we’ll be greeted as liberators! — not eight years in one of the most ghastly places on earth, at a cost of more than $2 trillion and a loss of at least 190,000 lives on all sides.
Obama’s foreign policy is a lot like his economic policy. Give him credit for preventing something awful from happening. The financial collapse could have been truly catastrophic, save for the action the president and the Federal Reserve took in the first year following the meltdown. For that, history will be kind. The wars not fought by Obama are the alternative to John McCain’s map. For that, the verdict of the ages is less certain. After 50 years, what a war-weary nation does know is this: the doors into hell are many; the exits, fewer.
By: Timothy Egan, Contributing Op-Ed Writer, The New York Times, May 29, 2014
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