“High Cost Of An Ego Trip”: Republicans Mucking Up The Gears Of Government To Earn Them Favor In The Primaries
Very few Americans know how close the country came to catastrophe this week.
The final tally shows that the Senate voted by a wide margin Wednesday, 67 to 31, to break Sen. Ted Cruz’s filibuster of an increase in the debt limit, thus avoiding a default on the United States’ full faith and credit.
But 15 minutes after the voting should have ended, Senate Minority Leader Mitch McConnell had apparently secured only two of the five Republican votes he needed to join all 55 members of the Democratic caucus to pass the measure. He raised three fingers in the air and worked his way among his members but was met with folded arms and shakes of the head. Looking queasy, he patted his thigh nervously and drummed his fingers. In the hubbub, Sen. John Hoeven (R-N.D.) knocked a full glass of water and coaster from McConnell’s desk to the floor.
Democrats, watching the spectacle, took the extraordinary step of ordering the Senate clerk not to read aloud the ongoing vote tally to avoid setting off a market panic; because the House had already left on a two-week recess, a failure of this vote would have left little chance of avoiding default on Feb. 27, when the Treasury was to run out of funds.
Watching the chaos from the side of the chamber was the man who caused it: Cruz, his hands in his pants pockets and a satisfied grin on his face. The Texas Republican strolled to the clerk’s table to check on the vote count and was met with a look of disgust from Sen. Bob Corker (R-Tenn.). And the feeling was widespread: Moments after Cruz walked into the Republican cloakroom, four senators emerged from it and changed their votes to “aye.”
Cruz reemerged from the cloakroom, chewing gum, his hands again in his pockets. He smirked as his colleagues finally overcame his filibuster after a 59-minute struggle.
Cruz’s ego trip had come at a high cost. He had forced McConnell, Sen. John Cornyn of Texas and other Republicans to cast votes that could cause them to lose primaries to weaker general-election candidates, and he had risked getting his party blamed for a default.
The Wall Street Journal’s conservative editorial page dubbed Cruz “the Minority Maker” for making his GOP colleagues “walk the plank” on a “meaningless debt ceiling vote.”
But Cruz doesn’t care about all that. Leaving the chamber, he told reporters McConnell’s fate would be “ultimately a decision . . . for the voters in Kentucky.”
His actions suggest Cruz has put himself before his party and even the nation’s solvency. And in this sense his actions are typical of the 2016 GOP presidential field. Cruz, Sen. Marco Rubio and Sen. Rand Paul are mucking up the gears of government in ways that will earn them favorable attention in the primaries.
Rubio, of Florida, is pushing legislation that would undo Obamacare in such a way that would cause chaos in the insurance market and likely leave tens of millions of people without health coverage and cost the government billions.
Vying with Cruz to be the most reckless of the 2016 aspirants is Paul, of Kentucky, who in recent days has injected the 1990s Monica Lewinsky scandal into the national debate as a means of discrediting Hillary Clinton. He also claimed her failure to send “reinforcements” to diplomats in Benghazi before they were attacked “should limit Hillary Clinton from ever holding high office.” Multiple investigations have confirmed that secretaries of state do not make decisions about security at each diplomatic post.
Now, Paul has politicized his court challenge to the NSA surveillance program. It would have been an important legal case, but Paul pushed aside the constitutional lawyer who had drafted the legislation and abandoned efforts to get a Democratic senator to be a co-plaintiff; instead, he added President Obama’s name to the list of defendants, brought in the tea party group FreedomWorks as a plaintiff and hired failed Virginia gubernatorial candidate Ken Cuccinelli, another tea party politician, to be his lead lawyer.
To nobody’s surprise, Paul and Rubio sided with Cruz in Wednesday’s debt-ceiling filibuster. Had they prevailed, and had 12 of their GOP colleagues not been more responsible, the likely default would have added far more to the national debt than the legislation did. It also would have caused markets to crash, the economy to swoon and American standing to decline.
But for Messrs. Paul, Rubio and Cruz, those aren’t the top considerations.
By: Dana Milbank, Opinion Writer, The Washington Post, February 14, 2014
“The Dumbest Rock In The Box”: Unemployed Ken Cuccinelli Finds A Job With Rand Paul Suing Obama
Say you’re Ken Cuccinelli. You’ve recently lost the Virginia governor’s race to Terry McAuliffe, of all people. You’ve given up your post as America’s most litigious state attorney general. A good chunk of the GOP establishment resents your hyper-conservative crazy talk for damaging the brand. Yet another snowstorm is bearing down on the nation’s capital in what has been a particularly cold and miserable winter—and despite this, most Americans still believe that global warming is a real thing. How on earth do you pull yourself out of this funk?
Sue the president, of course! And the Director of National Intelligence! And the heads of the FBI and NSA! And anyone else you can think of who might know anything about the massive government spying program that Edward Snowden revealed to such great effect. And to guarantee public attention (because, really, at this point, why should anyone be paying attention to you?), file the suit on behalf of someone vastly more popular than you—for instance, libertarian nerd-chic rockstar and 2016 presidential hopeful Rand Paul.
So it was that, late Wednesday morning, Cuccinelli and Paul stood before a gaggle of political reporters on the freezing plaza outside the E. Barrett Prettyman district court house, a vaguely Soviet-looking box of a building just a couple of blocks west of the Capitol, to tout their freshly filed complaint against a government gone wild in its violation of the Fourth Amendment. In his brief remarks, Paul cited the “huge and growing swell of protest” against the government’s overzealous monitoring of its own citizenry. To illustrate what he predicts will be “a historic lawsuit”—a class action complaint on behalf of every American citizen who has used a telephone in the past seven-plus years—Paul brandished two fistfuls of cell phones (including one with an especially snazzy leopard-print case). Considering the hundreds of millions of Americans who use phones, he noted gravely, this case “may well be the largest civil action lawsuit on behalf of the Constitution.”
Paul and Cuccinelli did not stand alone, physically or metaphorically. The Tea Partying libertarians at FreedomWorks are co-plaintiffs in this case, and a couple dozen of the groups’ young ground troops had been milling about in the cold for the past hour, chanting and snapping pics and generally lending some pep to the proceedings. After Paul got the presser rolling, FreedomWorks president Matt Kibbe, characteristically hipsterish in his black-rimmed specs and blade-like sideburns, offered his take. “This is one of the most important things my organization has been involved in,” he asserted. “This isn’t a Republican vs. Democrat issue. It isn’t about the Obama administration. The government has crossed a line.” Kibbe then assured everyone that FreedomWorks was going to “put that genie back in the bottle.”
As lead counsel, Cuccinelli fielded questions about the legal whys and hows of the suit. Yes, he is optimistic that this will go all the way to the Supreme Court. No, he does not expect it to be tried in conjunction with a similar suit brought by Larry Klayman, the lawsuit-happy conservative gadfly who has a similar complaint wending its way through the courts. Is he worried about “standing”—that is, showing that his clients have themselves been injured and so have the legal right to file this complaint? Don’t be ridiculous! “If you use a phone—and both my clients do—then they are injured by the gathering of this information,” he insisted. Most fundamentally, why exactly are Paul et al even bothering with this crusade when there are multiple other suits already farther along in the pipeline? “The other cases thus far are on behalf of individuals,” explained Cuccinelli. “That does not provide relief for every American using telephones.” By contrast, this class action seeks not only to end the data collection but also to compel the government to purge its databases of all info amassed since 2006. In other words: When Paul wins, we all win!
And make no mistake, Senator Paul has his eye on winning—though political watchers suspect he is focused on a juicier prize than some random lawsuit, even a constitutionally “historic” one. It has, for instance, been repeatedly noted that Paul’s online effort to gather the signatures of Americans upset by the NSA’s spy games will yield a fat database of like-minded voters that could be usefully mined for, say, a presidential campaign.
As for Paul’s new BFF, bringing Virginia’s lightning-rod ex-AG on board with this case makes better political sense than legal sense. Not to question Cooch’s legal chops, but surely Paul had his pick of Fourth Amendment geniuses. In fact, Paul and Cuccinelli are currently embroiled in a nasty spat with former Reagan administration attorney Bruce Fein—who spent the past several months working with Paul on this complaint before being unceremoniously jettisoned for Cuccinelli.
It’s not just that Fein’s people are ticked that Cuccinelli has taken over the case; they are accusing the former AG of appropriating huge chunks of a legal brief previously written by Fein. As Fein’s spokesman (and ex-wife) Mattie Fein fumed to the Washington Post on the very day of the presser, “I am aghast and shocked by Ken Cuccinelli’s behavior and his absolute knowledge that this entire complaint was the work product, intellectual property and legal genius of Bruce Fein.” Testy emails have been zipping back-and-forth between Teams Paul, Cuccinelli, and Fein, complete with finger-pointing and name calling. In one, Mattie, somewhat indelicately, called Cucinnelli “dumb as a box of rocks.” Bottom line, she told the Post, “Ken Cuccinelli stole the suit.”
From a political perspective, however, one can easily imagine why Paul would value this particular box of rocks. While the senator already has the love and trust of the GOP’s small-government enthusiasts, he needs to do some serious wooing of its social conservatives. Thus, for example, his recent efforts to revive the Clinton scandals of the 1990s. So who better to ally himself with in his current undertaking than anti-abortion, anti-gay-rights champion Cuccinelli? For many of the same reasons that Virginia women gave their AG the cold shoulder in November’s gubernatorial election, Republican “values voters” love the guy. Paul’s making common cause with Cuccinelli could help soothe some of the base’s suspicions regarding the libertarian senator’s moral fitness.
Not to suggest that the senator isn’t genuine in his outrage over the NSA’s antics. Those Paul men are nothing if not consistent in their small-government passions. But if linking arms with Cooch in this crusade happens to serve Paul’s broader political aims, where’s the harm? (Unless you’re Bruce Fein, of course.)
Certainly, Cuccinelli seems happy with the arrangement. At Wednesday’s presser, after Paul bid the media farewell to return to his senate duties, the former AG hung around to answer additional questions. As the TV camera guys broke down their equipment and the FreedomWorks activists began drifting back down Constitution Ave., Cuccinelli lingered on the plaza, surrounded by a tight circle of reporters. Nothing takes the sting out of a frigid winter day like a warm bath of attention.
By: Michele Cottle, The Daily Beast, February 13, 2014
“A Lucrative Fight Against Big Brother”: Much Of Movement Conservatism Is A Con And The Base Are The Marks
In recent months, the extent to which fundraising drives Republican tactics has come into sharper focus. As conservatives prepared for their government shutdown, for example, Brian Walsh, a former spokesperson for the National Republican Senatorial Committee, said, “[T]his is about political cash, not political principle.”
This quote came to mind late last week when Sen. Rand Paul (R-Ky.) announced he plans to lead a class action lawsuit against the NSA over its data collection programs.
Paul claimed on Fox News that since he started collecting signatures six months ago, hundreds of thousands of people have signed on. Paul wants to take his suit to the Supreme Court.
“The question here is whether or not, constitutionally, you can have a single warrant apply to millions of people,” Paul said of the suit. “So we thought, What better way to illustrate the point than having hundreds of thousands of Americans sign up for a class action suit?”
Because of the scope of the NSA’s activities, Paul added, “every person in America who has a cell phone would be eligible for this suit.”
To be sure, legal challenges to NSA surveillance programs are important and noteworthy, and lawmakers should be engaged in a meaningful debate over the scope and utility of the national security state. A class-action suit like this one would be worth watching closely.
But taking a closer look at Rand Paul’s initiative raises questions about what’s really driving the effort.
In this case, Paul hasn’t actually filed the lawsuit; he’s simply talking to conservative media outlets about his intention to eventually go to court. When might we expect this to begin? “His office did not give the specific timeline for when the senator would file the suit,” The Hill reported.
Well, at least it’ll break new legal ground, right? Actually, no: “So far though, the details of Paul’s lawsuit are murky. A legal counsel for Paul told Daily Intelligencer Friday that he expects the case will be similar to another NSA suit filed by birther provocateur Larry Klayman.”
Hmm. So, Rand Paul is eager to talk to conservative media about a lawsuit he hasn’t filed that will be duplicative of a lawsuit someone else has already filed. So why bother? Steve M. at No More Mister Nice Blog flagged a likely explanation:
Paul’s Senate campaign website already encourages individuals to “please sign below and join my class-action lawsuit and help stop the government’s outrageous spying program on the American people.”
The solicitation, which asks for individuals’ names, email addresses and zip codes, also asks for a donation to help “stop Big Brother from infringing on our Fourth Amendment freedoms.”
Oh, I see. Rand Paul’s campaign operation – as opposed to his Senate office – is overseeing this project. Like-minded Americans can fight “Big Brother” by giving a U.S. senator their name, email address, zip code, and their credit card number if they don’t mind. Paul isn’t talking to conservative media to talk about the lawsuit – because at this point, there is no lawsuit – so much as he’s making the rounds to encourage people to go to his campaign website. That way, they can support a project that will encourage the senator to go to court to file a suit that another conservative group is already litigating.
Chris Hayes made a comment last year that continues to resonate: “Much of movement conservatism is a con and the base are the marks.”
By: Steve Benen, The Madow Blog, January 7, 2014
“Bad History And Bad Policy”: The Hidden Consequences Of Snowden’s NSA Revelations
There is more than a little hypocrisy to the outcry that the government, through the National Security Agency (NSA), is systematically destroying Americans’ right to privacy. Edward Snowden’s revelations have been stripped of their social, technological and historical context. Unless you’ve camped in the Alaskan wilderness for two decades, you know — or should — that millions upon millions of Americans have consciously and, probably in most cases, eagerly surrendered much of their privacy by embracing the Internet and social media.
People do not open Facebook, Twitter, LinkedIn and Instagram accounts because they wish to shroud their lives in secrecy. They do not use online dating services or post videos on YouTube because they cherish their anonymity. The Internet is a vehicle for self-promotion, personal advertising and the pursuit of celebrity.
The Pew Research Center’s surveys confirm that these behaviors are now entirely mainstream. In 2013, 85 percent of Americans used the Internet. Of these, almost three-quarters (73 percent) belonged to social media sites (the biggest: Facebook). Almost one-fifth of adult Internet users have posted personal videos, many hoping, says Pew, that “their creations go viral.” Among people “single and looking” for mates, nearly two-fifths (38 percent) used online dating.
If Americans think their privacy is dangerously diminished, there are remedies. They can turn off their PCs, toss their smartphones and smash their tablets. Somehow, this seems unlikely, even though another Pew survey finds that “86 percent of adult Internet users have taken steps . . . to avoid surveillance by other people or organizations.”
To these conscious sacrifices of privacy must be added murkier, collateral losses that are orchestrated by the world’s Googles, Facebooks, service providers and “data brokers,” writes Alice Marwick of Fordham University in the New York Review of Books. They scan users’ digital decisions (sites visited, products and services purchased, habits and hobbies favored) to create databases, often merged with other socio-economic information. These target advertising, improve political appeals — President Obama’s campaign excelled at this — and influence hiring decisions, as Don Peck notes in the Atlantic.
The NSA’s damage to privacy is dwarfed by the impact of market activity. The sensationalism surrounding Snowden’s revelations obscures this. Case in point: The disclosure that U.S. telephone calls are open to NSA monitoring. Suddenly, Big Brother looms. In our mind’s eye, we see the NSA’s computers scouring our every phone call. We’re exposed to constant snooping and the possibility that the government will misuse the information it finds.
The reality is far more limited. The NSA is governed by legal restrictions. It does not examine the full database. It searches individual numbers only after it has determined there’s a “reasonable, articulable suspicion” that a number might be linked to terrorist groups. In 2012, there were 288 of these findings. After one is made, the NSA can retrieve three items about the number: the dates of calls made and received for five years; the other phones’ numbers; and the calls’ length. The NSA is not entitled to listen to conversations, but it can order similar searches on the other numbers involved. Thousands of calls are caught in the dragnet, but the total is puny compared with the untold billions of annual calls.
Whether these searches are effective in fighting terrorism is disputed. The NSA says they’re valuable. A panel of experts appointed by Obama concluded that the monitoring “was not essential to preventing attacks.” But more important for civil liberties and privacy, the panel found that present practices don’t approach past abuses. During the Vietnam War, the panel noted, the CIA investigated 300,000 anti-war critics. The government also sought to “expose, disrupt, and neutralize their efforts to affect public opinion.”
By all means, let’s debate the NSA. Some policies seem suspect, spying on the heads of friendly governments topping the list. It’s also important to recognize that government can coerce and punish in ways that private markets cannot. The potential for abuse is greater. But let’s also keep the debate in perspective.
In a digitized world, spying must be digitized. Then there’s cyberwarfare. Our electronic systems remain vulnerable, as the recent theft of data from millions of credit and debit cards at Target demonstrates. Government and the private sector need to collaborate more closely to protect vital systems. But these “efforts are as good as dead for the foreseeable future,” says Dmitri Alperovitch of CrowdStrike, a cybersecurity firm. The NSA controversy has “significantly damaged the trust between the private sector and government.” This may be the Snowden affair’s most insidious (and overlooked) consequence.
Vilifying the NSA — letting Snowden dictate the terms of debate — promotes bad history and bad policy. It’s bad history, because the most powerful assaults on privacy have originated in markets. It’s bad policy, because weakening the NSA leaves the United States more exposed to cyberattacks.
By: Robert Samuelson, Opinion Writer, The Washington Post, January 5, 2014
“Beyond An Honest Whistleblower”: Edward Snowden’s Relationship With WikiLeaks Should Concern Everyone
Amid calls for the clemency of Edward Snowden, many questions remain about the 30-year-old’s flight from America and asylum in Russia.
One major unresolved issue is the relationship between “the most dangerous leaker in American history” and WikiLeaks, an organization with an admitted antagonism toward the U.S. and a cozy history with the Kremlin.
Given WikiLeaks penchant for facilitating U.S. government leaks, its early involvement in the Snowden saga deserves scrutiny.
After the NSA contractor outed himself in Hong Kong on June 9, he parted ways with the journalists he met there and went underground.
On June 12, the same day he leaked specific details of NSA hacking in China to the South China Morning Post, Snowden contacted WikiLeaks. The organization subsequently paid for his lodgings and sent top advisor Sarah Harrison to help.
Harrison accompanied Snowden as he met with Russian officials (perhaps in the Kremlin consulate), and WikiLeaks bought his ticket to Moscow on June 23.
(Some suspect Russia and/or WikiLeaks contacted Snowden before June 12, but there is no clear evidence of that.)
Snowden and his closest supporters contend that he was on his way to Latin America when the U.S. government stranded him in Moscow, but there are several reasons to doubt that claim.
First, WikiLeaks founder Julian Assange told Janet Reitman of Rolling Stone that he advised Snowden against going to Latin America because “he would be physically safest in Russia.”
Second, the U.S. revoked Snowden’s passport by June 22, and the unsigned Ecuadorian travel document acquired by Assange was void when Snowden landed in Moscow.
WikiLeaks told BI that the Ecuadorian document was meant to help Snowden leave Hong Kong. The organization has not explained why it would send the American to Russia knowing he was carrying a void passport and a bunk travel document.
On July 12, Snowden’s Moscow lawyer Anatoly Kucherena explained that Snowden “is in a situation with no way out. He has no passport and can travel nowhere; he has no visa.”
Third, even if Snowden had proper travel documentation, it’s unclear if Russia’s post-Soviet security services (FSB) would have allowed an NSA-trained hacker who beat the NSA vetting system and stole a bunch of intel to simply “pass through the business lounge, on the way to Cuba.”
On August 1 Kucherena, who is employed by the FSB, explained why Russia granted Snowden temporary asylum: “Edward couldn’t come and buy himself tickets to Havana or any other countries since he had no passport.”
Beyond its role in Snowden’s getaway and its friendliness with Russia, WikiLeaks is also connected to three of the main people with access to the leaked NSA files. This fact does not necessarily tarnish their reporting, but it is intriguing in light of Wikileaks’ deep involvement with Snowden.
Laura Poitras and Glenn Greenwald, two journalists contacted by Snowden and then given tens of thousands of documents by Snowden in Hong Kong, sit on the board of a foundation that launched in December 2012 to crowd-source funding for WikiLeaks.
Jacob Applebaum, a close friend of Poitras and lead author of at least one Der Spiegel story citing the Snowden leaks, is known as “The American WikiLeaks Hacker” and has co-authored others articles drawing from “internal NSA documents viewed by SPIEGEL.”
Applebaum is not a journalist and does not hide his disdain for the NSA. This week he ended a talk — during which he presented never-before-seen NSA documents — by saying: “[If] you work for the NSA, I’d just like to encourage you to leak more documents.”
Assange told the same audience to “join the CIA. Go in there. Go into the ballpark and get the ball and bring it out … all those organizations will be infiltrated by this generation.”
That is the same man largely credited with saving Snowden from extradition to the U.S. by sending him to Moscow. The 42-year-old Australian has also hosted a Kremlin-funded TV show. And his political party recently met with Syrian president Bashar al-Assad, who is staunchly backed by the Kremlin.
No wonder Greenwald told Rolling Stone that “Julian stepping forward and being the face of the story wasn’t great for Snowden.”
Snowden also hurt his own cause. Although he initiated an important debate, his statements and actions also pushed him beyond honest whistleblower.
All things considered, Snowden’s affiliation with Assange and WikiLeaks raises a legitimate question: Is the fact that his life is now overseen by a Russian security more than an extraordinary coincidence?
Given that we still don’t know how many classified documents Snowden stole or when he gave up access, that question should concern everyone.
By: Michael Kelley, Business Insider, January 4, 2014
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