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“John Boehner Deflects Attention By Suing The President”: How House GOP Circumvents Its Responsibility To Engage In Governing

President Obama was generous on Thursday in referring to Speaker John Boehner’s proposed lawsuit against him as a “stunt,” a word generally used to mean a playful attempt to get attention. In fact, the suit is a mean-spirited attempt to deflect attention — specifically from the House’s refusal to engage in the act of governing.

For the foreseeable future, there will be no action to boost the economy, or help minimum-wage workers, or extend unemployment insurance, or address climate change. Immigration reform is dead. The most basic appropriations bills are likely to get bogged down in Republican attempts to promote coal burning and rein in the Clean Water Act. There is already talk of another in an endless series of stopgap spending bills, the surest sign of a non-functioning Congress. And the Tea Party would love nothing more than another shutdown fight or even impeachment hearings.

Mr. Boehner’s lawsuit, which he said will challenge the president’s use of executive authority, was designed in part to appease the far-right corner. But more substantively, it is part of Mr. Boehner’s long-running strategy to pretend there is a legitimate reason for the years of obstruction.

He can’t very well explain to the public that the real reason there has been no action on immigration reform is because large swaths of the Republican base dislike Hispanic immigrants. And so he had to construct a way to blame Mr. Obama for the inaction.

“Speaker Boehner has been very clear about this: He wants to fix America’s broken immigration system,” his spokesman, Michael Steel, said last month. “But no one trusts the White House to enforce the law as written.” He can’t be trusted because he allowed the children of immigrants who came to this country illegally to remain without fear of deportation, an executive action that may be on the list of particulars in the lawsuit. (Mr. Boehner hasn’t said which actions prompted him to sue.)

Coal-state lawmakers can’t admit they would rather foul the air than hurt the short-term interests of their states’ biggest industries and employers, so they pretend they are angry about a procedural matter: Mr. Obama’s “overreach” in directing environmental regulators to enforce carbon standards without the permission of Congress.

And Republicans care not in the least about the substance of the administration’s actions in delaying parts of the Affordable Care Act; instead they see each administrative action as an opportunity to portray the president as tyrannical. “We didn’t elect a monarch or a king,” Mr. Boehner told the House in a letter on Wednesday outlining his legal plans.

Royalty is a laughable way to describe a president who had to struggle to get his own aides confirmed by the Senate, and was forced to use an experimental legal maneuver to keep entire agencies functioning. Mr. Obama’s attempt to use recess appointments to get around the Republican refusal to confirm any members to the National Labor Relations Board, regardless of qualification, was slapped back by the Supreme Court on Thursday. Republicans immediately claimed the court, too, has become angered by the president’s imperialism, refusing to acknowledge the president had acted out of desperation to get around their own unprecedented level of resistance.

Mr. Boehner’s diversion is the ultimate in frivolous lawsuits — a subject he knows well, since he frequently applies the word “frivolous” to the lawsuits he doesn’t like, including those fighting discrimination against gays and lesbians in the workplace. But it is likely to fail in both its legal objective and its larger purpose. Americans are pretty good at detecting phony excuses to get out of work.

 

By: David Firestone, Taking Note, Editorial Page Editors Blog, The New York Times, June 27, 2014

June 29, 2014 Posted by | House Republicans, John Boehner | , , , , , , , , | 1 Comment

“They Have No Evidence”: How Climate Change Ate Conservatism’s Smartest Thinkers

Climate change remains perhaps the single largest policy weakness of the Republican Party, and that’s saying a lot. Thus, since the publication of the new “reform conservatism” book, the reformers have gotten a lot of flak for almost totally ignoring the subject.

Ross Douthat grappled yesterday with the issue, arguing that reform conservatives have been given short shrift to their attention on climate change, but that he’s basically okay with doing nothing about the problem. Here’s the conclusion:

These answers are obviously subject to revision — trends can change, risks can increase, cost-benefit calculations can be altered — but for now they’re what reform conservatism offers on this issue. We could be wrong; indeed, we could be badly wrong, in which case we’ll deserve to be judged harshly for misplacing priorities in the face of real perils, real threats. But on the evidence available [at] the moment, I’m willing to argue that we have our priorities in order, and the other side’s allegedly forward-looking agenda does not. [The New York Times]

There are two problems with this. Just like Clive Crook, Will Wilkinson, and Walter Russell Mead, Douthat doesn’t seriously engage with the evidence. Earlier in the article, he constructs a lengthy Rube Goldberg analogy to “insurance” salesmanship to cast doubt on every portion of the climate hawk case, but he doesn’t take the obvious next step of trying to work through what that means on a quantitative basis.

Douthat implies that based on his careful read of the evidence, world society can take more carbon dioxide than the greens say. But he doesn’t even gesture at how much more. Is the international agreement that warming should be limited to 2 degrees too low? If so, what’s a good limit? If climate sensitivity measurements are lower than we thought (and they almost certainly aren’t), how much lower should we assume?

Without numbers, Douthat’s case is nothing more than vague handwaving that reads very much like he has cherry-picked a bunch of disconnected fluff to justify doing nothing. Because even if we grant all his assumptions about climate sensitivity and probable dangers of warming, it changes little about the climate hawk case, which depends critically on how fast we’re emitting carbon dioxide. Saying we can chance 3 to 4 degrees of warming and that sensitivity is much lower than previously thought might give us enough space to push CO2 concentrations up to 5-600 ppm or so. But right now we’re barreling towards 1000 ppm and beyond.

This is the major problem with how the vast majority of reform conservatives think about climate change (with a few exceptions). They neither articulate a clear view of what kind of climate goals they would prefer nor demonstrate how their favorite policies would get us there. Instead, like Douthat, the few conservatives who even talk about climate (like Reihan Salam and Ramesh Ponnuru, who he mentions) are constantly saying whatever policy is on deck at the moment is no good. It’s too inefficient; it’s too expensive; it’s trampling on democracy; we should be doing technology instead, etc, etc.

These folks may well be arguing in good faith for their best policy. But because it has become nearly impossible to legislate anything through the sucking mire of United States institutions, consistent advocacy against every single climate policy amounts to little more than putting a patina of credibility on the denialist views of the Republican majority.

 

By: Ryan Cooper, The Week, June 27, 2014

June 28, 2014 Posted by | Climate Change, Climate Science, Republicans | , , , , | Leave a comment

“What Occurred Here Is Unacceptable”: Attempting To Forge Relationships With Republican Is An Exercise In Futility

When reader G.S. emailed me yesterday to tell me Republican lawmakers in Virginia had broken into Gov. Terry McAuliffe’s (D) office, I assumed this was some kind of joke. But as the Richmond Times-Dispatch reported, that’s kind of what happened on Fathers’ Day weekend.

At the urging of House Speaker William J. Howell, the clerk’s office of the House of Delegates enlisted the help of the Capitol Police to enter Gov. Terry McAuliffe’s unoccupied, secure suite of offices on a Sunday afternoon to deliver the state budget.

The highly unusual entry on June 15 took place without the permission of administration officials or the knowledge of the Virginia State Police, which is in charge of protecting the governor. McAuliffe was not in the building.

Let’s back up and review the larger context. GOP lawmakers in the commonwealth recently hatched an ugly scheme, arguably bribing a Democratic state senator – who has since lawyered up – in order to allow GOP control of the chamber. Once the scheme worked and Republicans seized control of the state Senate, GOP lawmakers passed a conservative budget that, among other things, tried to kill Medicaid expansion, denying medical coverage to 400,000 low-income Virginians.

McAuliffe eventually signed the budget bill, but not before using his line-item veto on Medicaid-related provisions. The Democratic governor said at the time that he would have preferred to veto the entire budget, but with state finances expiring on July 1, he didn’t have time – a veto likely would have shut down the state government.

And that’s where the GOP plan to enter McAuliffe’s office without his permission becomes important.

Once Republicans completed work on their version of the budget, the next step was to deliver the document to the governor’s office. GOP lawmakers, however, wanted to give McAuliffe as little time as possible, increasing the pressure that he’d have to sign it to prevent a shutdown.

As the Richmond paper explained, “Once the clerk’s office enrolls a budget and delivers it to the governor, the statutory clock starts ticking. The governor has seven days to take action on the spending plan.”

In this case, however, Republicans decided to start the clock when they knew the governor and his staff weren’t in their offices. Indeed, GOP lawmakers waited until they knew the offices were empty, ignored security protocols, and delivered the budget knowing no one would be there to receive it.

They then sent an email, 15 minutes later, stating for the record that the document had been dropped off (and the clock was ticking).

To put it mildly, the governor’s office was not pleased that lawmakers had entered their workspace, uninvited, knowing no one was there. McAuliffe’s chief of staff, Paul Reagan, wrote an angry letter to Col. Anthony S. Pike, chief of the Virginia Capitol Police, cc’ing GOP leaders and the superintendent of the Virginia State Police, which is responsible for the governor’s security.

“This letter is to inform you that under no circumstances are you or any of your officers authorized to allow employees of the General Assembly to enter the secure areas of the governor’s office without my express permission, or the express permission of Suzette Denslow, the governor’s deputy chief of staff,” Reagan wrote in the letter to Pike, dated June 18.

“What occurred here Sunday is unacceptable,” the letter continues. “Two employees of the speaker of the House of Delegates were given access to an area of the governor’s office where sensitive files and materials are kept.”

I’m reminded of some reports out of Virginia a few months ago. McAuliffe put his “celebrated talents for sociability and salesmanship” to work, trying to forge relationships with Republican lawmakers, inviting them to social events, and throwing open the doors to the Executive Mansion.

So much for that idea.

As Robert Schlesinger explained at the time: “[A]nyone who thinks that back-slapping joviality is the key to ending Washington gridlock need look no further than Richmond for its limits.”

 

By: Steve Benen, The Maddow Blog, June 26, 2014

June 27, 2014 Posted by | Terry McAuliffe, Virginia Legislature | , , , , , | Leave a comment

“A Galloping Conservative Radicalism”: If Republicans Want Respect, They Need To Stop Using The Budget As A Weapon

One of the central provisions of the Dodd-Frank financial reform package was the creation of the Consumer Financial Protection Bureau, which is charged with preventing banks and other financial institutions from preying on vulnerable consumers. Republicans hate the CFPB, and have taken to complaining about its funding stream, which comes from the Federal Reserve rather than the normal budgeting process.

They have a point, but they have only themselves to blame, since the GOP has all but relinquished its claim to responsible oversight by using the budget to cripple laws it doesn’t like.

This steaming Washington Examiner editorial lambasting Reps. Maxine Waters (D-Calif.) and Al Green (D-Texas) is a helpful distillation of the GOP position:

Simply put, Waters and Green view the congressional appropriations process as an obstacle to doing things they judge to be good, rather than as a tool by which the American people make sure the executive branch properly enforces the laws they instructed Congress to approve. This is how a democratic republic functions. Do Waters and Green think other agencies — say, the IRS, NSA, the Department of Homeland Security or perhaps the FBI — should be similarly unaccountable to the people’s representatives?

And what will they do when, having freed the bureaucrats of congressional shackles, they find a Republican president using the CFPB in nefarious ways, with Congress powerless to intervene? [Washington Examiner]

I have some sympathy with this perspective. Putting the CFPB outside the normal budget does reduce its democratic accountability. And the agency hasn’t been covering itself with glory of late; a recent report from American Banker found systematic discrimination in hiring and promotion. It’s plausible that more oversight could have prevented that.

But the problem is that conservatives obviously aren’t concerned about whether taxpayers are getting a good deal. They want to cut the bejesus out of the agency’s funding, even if it means inviting another financial crisis. The GOP budget from earlier this year zeroed out CFPB funding after 2016. Republicans claimed they wouldn’t get rid of it altogether, but given the GOP’s animosity toward pro-consumer regulations, or any programs that benefit the non-rich, it’s easy to suspect that they are trying to quietly axe the agency.

The truth is that the strongest possible oversight authority over the CFPB — the power of life and death — is still firmly in Congress’ hands. The legislature created the agency, and it may destroy it. The trouble is that Republicans don’t have enough votes to destroy the CFPB. They don’t even have a majority in the Senate, never mind enough votes to override a guaranteed veto from President Obama.

By dividing government, the Constitution forces parties into compromise. For a normal partisan with a basic commitment to the norms of American democracy, the idea is to hammer out compromises with the other side until you are in a position to enact a suite of policies. You can’t get everything, but you can get half a loaf here and there. Then, when you get the rare chance at controlling both Congress and the presidency, you pass a big policy suite, and hope people like it enough that it sticks.

That’s a reasonably fair description of how Democrats behaved from 2006 to 2010.

But Republicans have abandoned this set of norms in favor of an enraged constitutional hardball. Under this model, when you don’t have enough votes to pass your agenda, you use every procedural tactic at your disposal to force the other side to embrace it. At the extreme, this includes threatening grievous damage to the nation, by deliberately defaulting on the debt or shutting down the government. Additionally, since what passes for Republican policy is simply repealing laws or privatizing huge swathes of the government, starving agencies for funds is a nice way to accomplish that goal on the sly.

Republicans have eased up on the government-by-hostage-crisis of late, but this behavior is what inspires Democrats to do an end-run around the budget process. Since they can’t trust Republicans to not use the budget process as part of the policy proxy war, there’s a constant search for ways to protect critical agencies from procedural extremism.

It’s not a great situation. But because our poorly designed institutions have collided with a galloping conservative radicalism, it is going to be a more common one.

 

By: Ryan Cooper, National Correspondent at TheWeek.com,  June 24, 2014

June 25, 2014 Posted by | Conservatives, Consumer Financial Protection Bureau, Federal Budget, Financial Institutions | , , , , , , | Leave a comment

“Still Looking For Attention”: Darrell Issa’s Flailing Search For His White Whale

Congressional oversight of any administration is important and worthwhile. Indeed, it’s a critical part of the American system to have institutional checks and balances. Lawmakers have a duty to watch the White House and ask tough questions when potential controversies arise.

That said, this was just embarrassing.

Representative Darrell Issa of California, the Republican who is leading one of the investigations into the Internal Revenue Service’s scrutiny of Tea Party groups, accused the I.R.S. commissioner on Monday of lying, an allegation that only deepened the partisan mistrust about the motivations behind the numerous congressional inquiries into the matter.

The hearing on Monday night, before the House Oversight Committee, was the second time in four days in which the commissioner, John Koskinen, was called to Capitol Hill to explain what had happened with the emails.

These questions have already been asked and answered, and there’s simply no evidence of wrongdoing. The IRS won’t apologize for the incident because, in this case, agency officials really haven’t done anything wrong – a fact congressional Republicans seem to recognize but choose to ignore.

But what made last night’s hearing an unusually sad display was, well, just about everything.

Consider for example the fact that it was an evening hearing, which is quite unusual on Capitol Hill. Last week, the House Ways and Means Committee and its chairman, Rep. Dave Camp (R-Mich.), demanded the IRS’s John Koskinen testify on the emails. The relevant people checked calendars and picked a date: the hearing would be the morning of Tuesday, June 24 (today).

Issa, seeing the opportunity for a tantrum, literally 10 minutes later, announced he would hold a hearing with Koskinen about the emails on the evening of Monday, June 23. Why? Because Issa wanted to be first. It just made him feel better.

But Koskinen rechecked his schedule and told Ways and Means he had an opening on Friday, June 20, so they held the hearing then – leaving poor Issa to hold a redundant, evening hearing, asking the same questions of the same official about the same story, three days later.

In other words, Issa, still looking for attention and some semblance of a “scandal” that fell apart a year ago this week, is still hunting for his white whale – except he’s not doing it very well.

It’s become increasingly difficult to take the “controversy” seriously because there’s so little meat on the bones. Yes, it’s understandable to raise questions when computers crash and documents are no longer available, but there’s literally nothing to suggest the missing emails would have been remotely interesting. GOP lawmakers are on a fishing expedition, starting with an answer – there must be some wrongdoing, somewhere, from someone – and then working backwards in the hopes of justifying the agreed-upon conclusion.

Consider what we’ve seen for over a year: Republicans demand information, which the administration supplies, and which shows no conspiracy, no cover-up, and no crime. So Republicans demand different information, which the administration also supplies, and which again shows no conspiracy, no cover-up, and no crime.

Which in turn leads Republicans to ask for still more information. In this case, those materials are no longer available, leading the right and some lazy pundits to declare, “A ha!

This is silly and no way to conduct credible oversight. In my heart of hearts, I strongly suspect Republicans know this, but just don’t care – this is about election-year tactics, mobilizing the GOP’s far-right base, creating fundraising opportunities, and giving conservative media something to talk about.

In reality, though, there’s still nothing here.

Now, John Dickerson argues that the IRS should be better at record-keeping, especially since the tax agency expects much from taxpayers. It’s a fair point. That said, it’s also unrelated to what Republicans care about – the obsession is about politics, not governance – and as Thomas Mann has explained, we’re talking about an agency that “has serious problems, many arising from vast new responsibilities (e.g. the ACA), inadequate resources, and low staff morale in the face of widespread hostility in Congress to the very idea of an Internal Revenue Service.”

If congressional Republicans want to have a mature conversation about how to improve the IRS, that’d be a worthwhile exercise. But by all appearances, the opportunities for mature conversations with GOP lawmakers are far and few between these days.

 

By: Steve Benen, The Madow Blog, June 24, 2014

June 25, 2014 Posted by | Darrell Issa, House Republicans, Internal Revenue Service | , , , , | Leave a comment