“Crossing The Line”: Senate GOP Ponders Hagel Strategy
Former Sen. Chuck Hagel, President Obama’s nominee to become the Secretary of Defense, struggled during his confirmation hearing last week, but that’s hardly derailed his chances. Thus far, Hagel has not yet lost the support of any Senate Democrats, and over the weekend, he picked up the backing of a second Senate Republican, Nebraska’s Mike Johanns.
With this in mind, when Hagel’s nomination is brought to the floor for an up-or-down vote, there’s no real doubt that a majority of the Senate will vote to confirmation him. The question for Republicans, then, is whether to allow the up-or-down vote to happen.
Since Hagel appears to enjoy the support of most, if not all, Democrats, Republicans would have to filibuster his nomination — something that has never been done to a Cabinet nominee since the advent of the 60-vote threshold nearly four decades ago, according to Senate records.
Several Cabinet nominees have failed to win the backing of a majority of senators — and others have withdrawn their names before reaching the Senate floor — but a filibuster would mark a serious breach in the unwritten protocol that governs the Senate.
I’ve been digging around for two weeks, trying to find an example of a cabinet secretary facing a filibuster, and my research is in line with Roll Call‘s findings — it just hasn’t happened. Not only has no nominee ever been defeated by a filibuster, no nominee (since the cloture threshold was moved to 60 votes) has ever even faced a filibuster.
The closest example I could find was Ronald Reagan’s nomination of C. William Verity to serve as the Secretary of Commerce in 1987. At the time, Sen. Jesse Helms (R-N.C.) threatened to filibuster Reagan’s choice because Verity supported increased trade with the USSR. (Helms argued Verity supported “selling the Soviets the rope with which to hang the free world.”) But Helms eventually pulled back, dropped his threats, and the nominee was approved on an 84-11 vote.
In 2006, there was also a cloture vote on Dirk Kempthorne’s Interior nomination, but only eight Senate Democrats registered their opposition, there was no filibuster or attempt to block an up-or-down vote, and Kempthorne was confirmed with a voice vote.
So, in 2013, Republicans have to decide whether they’re prepared to break new ground.
From the Roll Call report:
No Republicans have said yet that they will demand Hagel clear that 60-vote hurdle, but the possibility has been bubbling below the surface in the Senate in recent days.
An aide to Senate Minority Whip John Cornyn of Texas, who has been among the most vocal opponents of Hagel’s nomination, said Feb. 1 that “all options are on the table.” […]
Top aides insist there is no discord among leaders, but statements made in the wake of Hagel’s highly scrutinized appearance before the Senate Armed Services Committee indicate there could be a difference in opinion. The consensus among leadership aides, however, is that if a filibuster is to happen, it likely would be staged by a junior member.
There is no formal head count on whether a filibuster would block Hagel or whether it would fail, but it would cross a line in the sand when it comes to Senate norms. And if you’re thinking it might reinvigorate the debate over reforming the institution’s filibuster rules, you’re not the only one.
By: Steve Benen, The Maddow Blog, February 4, 2013
“Friends of Fraud”: An Open Attempt By Republicans To Use Raw Obstructionism To Overturn The Law
Like many advocates of financial reform, I was a bit disappointed in the bill that finally emerged. Dodd-Frank gave regulators the power to rein in many financial excesses; but it was and is less clear that future regulators will use that power. As history shows, the financial industry’s wealth and influence can all too easily turn those who are supposed to serve as watchdogs into lap dogs instead.
There was, however, one piece of the reform that was a shining example of how to do it right: the creation of a Consumer Financial Protection Bureau, a stand-alone agency with its own funding, charged with protecting consumers against financial fraud and abuse. And sure enough, Senate Republicans are going all out in an attempt to kill that bureau.
Why is consumer financial protection necessary? Because fraud and abuse happen.
Don’t say that educated and informed consumers can take care of themselves. For one thing, not all consumers are educated and informed. Edward Gramlich, the Federal Reserve official who warned in vain about the dangers of subprime, famously asked, “Why are the most risky loan products sold to the least sophisticated borrowers?” He went on, “The question answers itself — the least sophisticated borrowers are probably duped into taking these products.”
And even well-educated adults can have a hard time understanding the risks and payoffs associated with financial deals — a fact of which shady operators are all too aware. To take an area in which the bureau has already done excellent work, how many of us know what’s actually in our credit-card contracts?
Now, you might be tempted to say that while we need protection against financial fraud, there’s no need to create another bureaucracy. Why not leave it up to the regulators we already have? The answer is that existing regulatory agencies are basically concerned with bolstering the banks; as a practical, cultural matter they will always put consumer protection on the back burner — just as they did when they ignored Mr. Gramlich’s warnings about subprime.
So the consumer protection bureau serves a vital function. But as I said, Senate Republicans are trying to kill it.
How can they do that, when the reform is already law and Democrats hold a Senate majority? Here as elsewhere, they’re turning to extortion — threatening to filibuster the appointment of Richard Cordray, the bureau’s acting head, and thereby leave the bureau unable to function. Mr. Cordray, whose work has drawn praise even from the bankers, is clearly not the issue. Instead, it’s an open attempt to use raw obstructionism to overturn the law.
What Republicans are demanding, basically, is that the protection bureau lose its independence. They want its actions subjected to a veto by other, bank-centered financial regulators, ensuring that consumers will once again be neglected, and they also want to take away its guaranteed funding, opening it to interest-group pressure. These changes would make the agency more or less worthless — but that, of course, is the point.
How can the G.O.P. be so determined to make America safe for financial fraud, with the 2008 crisis still so fresh in our memory? In part it’s because Republicans are deep in denial about what actually happened to our financial system and economy. On the right, it’s now complete orthodoxy that do-gooder liberals, especially former Representative Barney Frank, somehow caused the financial disaster by forcing helpless bankers to lend to Those People.
In reality, this is a nonsense story that has been extensively refuted; I’ve always been struck in particular by the notion that a Congressional Democrat, holding office at a time when Republicans ruled the House with an iron fist, somehow had the mystical power to distort our whole banking system. But it’s a story conservatives much prefer to the awkward reality that their faith in the perfection of free markets was proved false.
And as always, you should follow the money. Historically, the financial sector has given a lot of money to both parties, with only a modest Republican lean. In the last election, however, it went all in for Republicans, giving them more than twice as much as it gave to Democrats (and favoring Mitt Romney over the president almost three to one). All this money wasn’t enough to buy an election — but it was, arguably, enough to buy a major political party.
Right now, all the media focus is on the obvious hot issues — immigration, guns, the sequester, and so on. But let’s try not to let this one fall through the cracks: just four years after runaway bankers brought the world economy to its knees, Senate Republicans are using every means at their disposal, violating all the usual norms of politics in the process, in an attempt to give the bankers a chance to do it all over again.
By: Paul Krugman, Op-Ed Columnist, The New York Times, February 3, 2013
“A Congenital Hothead, A Man Of Grudges”: The Bitter Twilight Of John McCain Gives Even Republicans Pause
That one,” John McCain famously snarled in a presidential debate four years ago, referring to his opponent who was a quarter of a century younger and who had been in the Senate 3 years to McCain’s 20. It’s difficult to imagine a better revelation of the McCain psyche than that moment, but if there is one, then it came yesterday at the meeting of the Senate Armed Services Committee, convened to consider the nomination of Chuck Hagel as Secretary of Defense. The McCain fury is something to behold, almost irresistible for how unvarnished it is in all its forms. In the instance of the 2008 debate, McCain’s dumbfounded antipathy had to do with facing an opponent he so clearly considered unworthy. In the instance of the hearing yesterday, McCain’s bitter blast was at somebody who once was among his closest friends, a former Vietnam warrior and fellow Republican of a similarly independent ilk, who supported McCain’s first run for the presidency in 2000 against George W. Bush but then appeared to abandon the Arizona senator eight years later.
If all this suggests political differences born largely of personal dynamics and their breach, it’s because for McCain the two are interchangeable. At this moment we should make the effort to remind ourselves of what’s commendable about McCain, an admiral’s son who could only live up to his father’s reputation by way of five years in a Hanoi jail, where he walked—or hobbled, given the crippling abuse he suffered at the hands of his captors—the walk of loyalty and didn’t just talk it. When offered freedom halfway through those five years, he refused to leave behind his fellow prisoners of war who had been there longer and were due their freedom first. It’s a story so formidable that 12 years ago Bush supporters resorted to suggesting McCain was a “Hanoi Candidate,” brainwashed in the manner of cinematic Manchurians. So let’s not question McCain’s courage, or a code that means as much to him as patriotism. In that initial presidential run, admiration for the man trumped what disagreements overly romantic voters like myself had when it came time to mark his name on our ballots (as I did in that year’s California primary).
In the time since, two things have happened to McCain. One was the Iraq War, the worst American foreign policy blunder of the post-World War II era, which McCain wholeheartedly supported from the beginning and about which he’s never intimated a second thought. The other was Barack Obama, electoral politics’ upstart lieutenant whose bid to become five-star general, bypassing stops along the way at captain, major and colonel, wasn’t just temerity to a man who waited his turn to be released from prison, but insubordination. Those two things converged yesterday in McCain’s prosecution of Hagel, no less sorry a spectacle on McCain’s part for the fact that Hagel handled it so unimpressively. Perhaps Hagel was startled, figuring his one-time compatriot would be tough but not vicious. If that’s the case, then he never knew McCain as well as he thought or hoped, because if he did then he would know that McCain is a man of grudges. In his memoir Faith of My Fathers, in which words like “gallantry” appear without embarrassment (and which no one has more earned the right to use), McCain himself acknowledges being the congenital hothead of legend who’s nearly come to blows with colleges. Half a century later, he recalls every altercation with every Naval Academy classmate; as a child, rage sometimes drove him to hold his breath until he blacked out. No need to indulge in untrained psychotherapy from afar to surmise that the ability to nurse such a grudge may be what gets you through half a decade of cruel incarceration.
At any rate, what happened yesterday wasn’t about Hagel at all. It wasn’t even about the Iraq War’s 2007 “surge,” which McCain is desperate to justify because he can never justify the war itself that finds Hagel moved to the right side of history while McCain remains stubbornly on the wrong. It’s about that junior senator from Illinois who crossed McCain early in some obscure backroom Senate deal no one can remember anymore, then denied McCain the presidency in no small part because Obama understood the folly of Iraq better than McCain can allow himself to. McCain’s personal honor in Hanoi was too hard won to be stained now by almost anything he does, including how he’s allowed temperament, pique and ego to steamroll the judgment and perspective that we hope all of our elected officers have, let alone presidents. But his political honor, not to mention whatever might once have recommended him to the presidency, has fallen victim to the way that Obama has gotten fatally under his skin. Even if this once-noble statesman should succeed in denying Hagel’s nomination as he denied Susan Rice’s prospects for Secretary of State (and even the most devout Hagel supporter would have to acknowledge that the Defense nominee’s performance before the Committee was often a shambles), McCain’s unrelenting obsession with the grievance that Obama has come to represent to him is the saddest legacy in memory. The very fact of Obama and all things Obamic has turned McCain into something toxic, maybe even to himself.
By: Steve Erickson, The American Prospect, February 2, 2013
“The Enemy Within”: Who’s Trying To ‘Annihilate’ The GOP?
When John Boehner whined last week that Obama’s goal for his second term is to “annihilate the Republican Party” and “shove us into the dustbin of history,” he was working the party into a psychological state much like James Franco had to in 127 Hours: They’re getting ready to accept that they will have to sequester their arm with a dull knife.
Of course, Obama’s War on the GOP is about as real as the liberals’ War on Christmas—both are paranoid, apocalyptic fantasies marketed to drum up fear and self-pity on the right. Obama telling Republicans to “Please proceed” is no more tantamount to annihilating the GOP than chirping “Happy Holidays” is to eliminating Christmas.
Instead, this is a classic case of psychological projection. Paul Ryan, Newt Gingrich, Frank Luntz, and senators Bob Corker, Tom Coburn and Jim DeMint, among other right thinkers, actually held a meeting the night of the 2009 Inaugural to plot to undermine Obama’s newborn presidency with nonstop obstructionism. The next year, Mitch McConnell said, “The single most important thing we want to achieve is for President Obama to be a one-term president.” And yet, after these plans failed to block Obama’s re-election and instead cost the GOP a number of House and Senate seats to boot, here is Boehner saying his party is the victim of existential aggression.
Paranoid projection—whether subconscious or deliberate—is part and parcel of the GOP’s broader denial of so much of contemporary reality, whether it’s climate change, demographic change, macroeconomics or polls that don’t go their way.
But mostly, they deny who that black man claiming to be president really is. And so they’ve created an Imaginary Obama, who is just as crazily radical as the Ryan budget would be, if it were passed, or as Bush’s war in Iraq actually was. In one of the funnier attempts to portray Obama’s insidiously well-cloaked but devastatingly destructive nature, Breitbart.com wrote that by supporting gay rights in his Inaugural speech, the president had “bullied” the Supreme Court justices on the dais into going gay-friendly in their upcoming decisions.
It’s a short step from believing that Obama wants to decimate your party to believing he’s making your party choose hard-right fringe policies that will alienate voters. And as Jonathan Chait writes, moderate Republicans like David Brooks and former Bush speechwriter Michael Gerson, who resent the extremists but won’t break from their party, are particularly susceptible to this “pathological” notion.
The prevalent expression of this psychological pain is the belief that President Obama is largely or entirely responsible for Republican extremism. It’s a bizarre but understandable way to reconcile conflicting emotions—somewhat akin to blaming your husband’s infidelity entirely on his mistress. In this case, moderate Republicans believe that Obama’s tactic of taking sensible positions that moderate Republicans agree with is cruel and unfair, because it exposes the extremism that dominates the party, not to mention the powerlessness of the moderates within it.
Yes, Brooks wrote that Dems think Obama should “invite a series of confrontations with Republicans over things like the debt ceiling—[to] make them look like wackos willing to endanger the entire global economy.”
Chait:
Worse, argues Brooks, Obama is nastily choosing an agenda intended only to harm Republicans. Obama’s proposals on gun safety and immigration, he writes, are “wedge issues meant to divide Southerners from Midwesterners, the Tea Party/Talk Radio base from the less ideological corporate and managerial class.”
Brooks asserts, but does not actually explain, that Obama chose these issues for the purpose of dividing the opposition—as opposed to trying to cut down on mass murders and fix a huge field of broken policy.
What Obama does do, by being a politically moderate and emotionally calm leader with a beautiful family, is hold a mirror up to the chaotic and hysterical Republican leadership. This strikes them as very mean, and they blame Obama for what they see, Man of La Mancha style.
So now they are struggling to dream an Impossible Dream: taking back the political momentum by simply agreeing to the “poison pill” plan that the sequester was supposed to be, cutting $1.2 trillion from the budget spread equally between defense and domestic spending. The corporate end of the party will scream at those cuts, and fear the economic impact of austerity; the ultra base, now increasingly gerrymandered into scarlet congressional districts with little incentive to compromise, would get, given the $1.2 trillion Obama has already agreed to cut from the budget, something like the Ryan budget’s $2.4 trillion in spending cuts over the next 10 years. “I think the sequester’s going to happen,” Ryan said today on Meet the Press.
In a game of chicken like this one, the GOP has to convince us all that they mean it in order to win, so there may be a lot of play-acting here. But they also need to concentrate the minds of every Republican in the House to make the threat real. And nothing does that like the threat of “annihilation.”
By: Leslie Savan, The Nation, January 27, 2013
“At Stake, The Core Of The GOP”: How Conservatives Might Hurt Republicans On Immigration
Us. Them.
There is quite a lot of posturing about who will introduce what part of comprehensive immigration reform (CIR), 2013-style. It seems an article of faith that Republicans will take the lead on several initiatives, because they know that a bill associated with President Obama will be too much for them to sell to their base, and because party leaders genuinely want to take the issue off the front burner.
But how is this supposed to work?
GOP strategists and the establishment certainly understand that the party has a problem with Hispanics. And yes, the inability of Congress to pass immigration reform has contributed to the idea that Republicans don’t want it.
But the real thing that’s turned off Hispanics has nothing to do with legislation or even enforcement. (If enforcement was correlated with political adulation, President Obama would be in trouble with Latinos. He is not.)
What mattered is what the party stood for at its core: What it expects of others and what it expects of everyone else. And the core of the Republican Party today does not believe that the immigration reform approach now championed by its own leaders is right for the country or fair to Americans who already live here.
And for Republicans who are looking to shake up the party, immigration remains a fabulous issue. Fabulous. A conservative revolt is inevitable, I think. The talk show vocalists of the base just hate the idea that de-facto amnesty will depend upon President Obama’s enforcement initiatives. They hate the fact that the GOP leadership has bought into the (Democratic/media) idea that undocumented Latinos need and want government subsidies and sanction for their crime. They don’t believe that Hispanics will shift toward the GOP anyway, unless the GOP truly focuses on the things that conservatives like to essentialize about Hispanics: They’re family-oriented, religious, entrepreneurial.
But they recognize that Marco Rubio is the best voice the party has right now, and it’s still January of 2013.
Give it time.
Is it fair to magnetize U.S. borders and give businesses a cheap supply of new labor at the expense of Americans who are looking for jobs? Will the tax base really broaden because most new immigrants won’t make enough money to pay federal income taxes?
The moment conservatives make immigration into a 2014 election issue, insisting that their candidates either disavow what they voted on in 2013 or promise to repeal it is the moment that the party’s attempt to make amends with Hispanics gets put on hold.
An enterprising 2016 presidential candidate (Sen. Ted Cruz? Sarah Palin?) could step in to represent this part of the party.
Truth be told, I don’t know how Republicans solve their “Latino” problem anytime soon. It is manifold and multi-causal. But the coming “us versus them” backlash will not be helpful.
By: Marc Ambinder, The Week, January 30, 2013