“The Rumblings Of Insurgency”: Quoting Facts And Naming Names
The letter written by Sen. Tom Cotton to the leaders of Iran and signed by 47 Republicans is not simply outrageous because it presents a dangerous challenge to the Constitutional framework under which the United States conducts foreign policy. It is important that we remember the context in which it came about. Here are a few recent events we need to keep in mind.
In a dramatic show of defiance toward the federal judiciary, Chief Justice Roy S. Moore of the Alabama Supreme Court on Sunday night ordered the state’s probate judges not to issue marriage licenses to gay couples on Monday, the day same-sex marriages were expected to begin here…
“I think I’ve done what I can do: advise the state court probate judges that they’re not bound by any ruling of the Federal District Court,” he said…
His argument has deep resonance in a place where a governor, George Wallace, stood in a doorway of the University of Alabama in 1963 in an unsuccessful bid to block its federally ordered integration.
Although much has changed from Wallace’s era, Chief Justice Moore had used a series of strongly worded letters and memorandums to insist that Judge Granade, an appointee of President George W. Bush who joined the federal bench in 2002, had instigated a grave breach of law.
Majority Leader Mitch McConnell on EPA regulations:
So what are governors and state officials who value the well-being of the middle class to do? Here’s my advice:
Don’t be complicit in the administration’s attack on the middle class. Think twice before submitting a state plan — which could lock you in to federal enforcement and expose you to lawsuits…
So for now, hold back on the costly process of complying.
And here’s the first thing I would do if I were president of the United States. I wouldn’t let Congress leave town until we fix this. I would literally use the military to keep them in if I had to. We’re not leaving town until we restore these defense cuts. We are not leaving town until we restore the intel cuts.
(Note: apparently Sen. Graham’s spokesperson suggested that when he said “literally,” he didn’t mean “literally.”)
Those aren’t the rantings of right wing radio hosts or tea party rabble rousers. They are the words of Republican leaders suggesting and/or recommending illegal actions. In other words, they are the rumblings of insurgency.
I don’t say that to fear-monger or join some bandwagon of hysteria. I’m simply quoting facts that we need to acknowledge and name accordingly.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, March 15, 2015
“Iran Nukes? Thank Neocons”: The No-Diplomacy Posture Is Exactly What Has Brought Matters To This Point
I have probably written many times in the past that Republicans hit a new low, but as of this week you can toss all those. This Senate letter is the definite low of all time. I didn’t think these people could shock me, but this one genuinely was shocking in so many ways—not least the dishonor it brings on the United States Senate—that every other nutso thing they’ve done drops down one notch on the charts.
Treason, as the Daily News blared? I don’t know for sure about that. But I know to a certainty that if a group of Democratic senators had done this to a Republican president, Republicans and conservative pundits would be screaming the T-word and demanding the Justice Department investigate the senators.
Imagine if, say, 47 Democratic senators had written an “open letter” (a moral cop-out that permits the senators to say that it wasn’t “really” a communication to Ayatollah Khamenei) to Mikhail Gorbachev in 1986 assuring him any treaty Ronald Reagan signed with him could and quite possibly would be altered or abrogated by them. Or worse still—imagine that 47 Democratic senators had written an open letter to Saddam Hussein in the fall of 2002 reminding him that only Congress could declare war and that most of them would long outlast President Bush, while closing on the breathtakingly cloying note of being happy to have enriched Saddam’s “knowledge of the constitutional system.” There seems to me no doubt whatsoever that some Republican senators and members of Congress would have been baying for Logan Act prosecutions.
Much as part of me might savor it, I don’t think we ought to go there. A far better punishment for these disgraceful intriguers would be for the letter to backfire and increase the likelihood of a deal being struck. And it might well have that effect: If the mullahs genuinely want a deal, then surely a threat like this from the Senate would make them more anxious to pursue one while they can, and then hope that Hillary Clinton, who’s indicated she’d support a deal, becomes the next president and can make it stick.
Let’s hope that’s the effect—but let’s never forget the intent. These Republican senators, says Trita Parsi of the National Iranian American Council, an advocate for a deal, can’t block a settlement; “but they can get the Iranians to think that it’s impossible to trust the United States,” he says. Thus, “the intent of the letter was to show the United States to be untrustworthy.”
It’s pretty amazing that members of the United States Senate would want to do that to their own country—not just in the eyes of Iran, but in the eyes of the five other powers involved in the negotiations. Three are some of our closest allies (Britain, France, and Germany). The other two are the not inconsiderable nations of Russia and China. All five have had negotiators sitting at the table with us and the Iranians for a year and a half. Wonder what they think of this.
It’s a disgrace, but only another in a long history of Republican-conservative disgraces with respect to Iran. Indeed these go back to 1953, when Dwight Eisenhower green-lighted the coup that Harry Truman had blocked. And they extend up to 2003, and the now largely forgotten but suddenly rather timely story of the Bush administration’s rebuff of an Iranian diplomatic overture that could have made the history of the U.S.-Iran relationship a very different one from what it has been.
It was all widely reported then; this Washington Post article provides a good rundown. In sum, it was a point in time when the (Shia) Iranian republic had been cooperating with the United States in tracking down some (Sunni) al Qaeda men; through a Swiss intermediary, Iran passed a letter to the White House feeling the Bush administration out on broad-ranging negotiations—possibly curtailing its nuclear ambitions, cutting back on its support for (or maybe even disarming) Hezbollah, and most strikingly of all, indirectly recognizing Israel’s right to exist—all in exchange for the lifting of American sanctions.
The offer was real. Whether it had Khamenei’s blessing, no one in the West really knows. Still, some elements in the Bush administration wanted to pursue it. But guess who won? As that Post story reports it, “top Bush administration officials, convinced the Iranian government was on the verge of collapse, belittled the initiative.”
We can’t know what might have happened. “But we do know one thing,” Parsi says. “When diplomacy is rejected, as it was under Bush, when the official U.S. policy was for regime change in Tehran, you give the Iranians every incentive to do everything they can to prevent the United States from pursuing regime change.” That means spreading its talons across Iraq, and it chiefly means, of course, pushing ahead full-speed with its nuclear ambitions.
Here’s part of what that rejection of diplomacy has done for us. In 2005, Iran put an offer on the table to the Europeans calling for it to keep 3,000 centrifuges. But that was rejected, because the United States wasn’t willing to talk to Iran. So what did Iran do? While we were refusing to negotiate and rattling the saber, they were building centrifuges to beat the band.
So today, Parsi told me, Iran has about 22,000 centrifuges, of which 9,400 are operational. Any deal is going to let Iran end up with around 6,000 centrifuges. That’s twice the amount it was asking for in 2005, when we could have struck a deal at 3,000. But we weren’t talking to Iran then, because it’s weak to talk to terrorists and because the regime was on the verge of collapse anyway, see?
Our years of resistance to diplomacy, a product of neocon doctrine and pressure, has thus made the situation clearly and tangibly worse. The Obama administration, and the other five powers, are trying to stuff back into the tube the toothpaste that Dick Cheney and his confederates squeezed out. And for its attempt to repair the gaping wound the neocons and their friend Mr. Netanyahu inflicted on the world, the administration is now subject to this poisonous and quasi-treasonous attack that is designed to increase the likelihood of war with Iran (Senator Tom Cotton, the letter’s author, spoke openly at the recent CPAC conference in support of regime change).
I applaud the seven Republican senators who did not sign the letter, even if it is a little like applauding the members of the Manson family who didn’t actually kill anybody. And for those who did sign, eternal shame. The only silver lining is that the right’s track record on Iran suggests strongly that the result will be the opposite of that which they desire.
By: Michael Tomasky, The daily Beast, March 11, 2015
“This Time, They’ve Gone Too Far”: Republicans Are Beginning To Act As Though Barack Obama Isn’t Even The President
It’s safe to say that no president in modern times has had his legitimacy questioned by the opposition party as much as Barack Obama. But as his term in office enters its final phase, Republicans are embarking on an entirely new enterprise: They have decided that as long as he holds the office of the presidency, it’s no longer necessary to respect the office itself.
Is that a bit hyperbolic? Maybe. But this news is nothing short of stunning:
A group of 47 Republican senators has written an open letter to Iran’s leaders warning them that any nuclear deal they sign with President Barack Obama’s administration won’t last after Obama leaves office.
Organized by freshman Senator Tom Cotton and signed by the chamber’s entire party leadership as well as potential 2016 presidential contenders Marco Rubio, Ted Cruz and Rand Paul, the letter is meant not just to discourage the Iranian regime from signing a deal but also to pressure the White House into giving Congress some authority over the process.
“It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system … Anything not approved by Congress is a mere executive agreement,” the senators wrote. “The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.”
It’s one thing to criticize the administration’s actions, or try to impede them through the legislative process. But to directly communicate with a foreign power in order to undermine ongoing negotiations? That is appalling. And just imagine what those same Republicans would have said if Democratic senators had tried such a thing when George W. Bush was president.
The only direct precedent I can think of for this occurred in 1968, when as a presidential candidate Richard Nixon secretly communicated with the government of South Vietnam in an attempt to scuttle peace negotiations the Johnson administration was engaged in. It worked: those negotiations failed, and the war dragged on for another seven years. Many people are convinced that what Nixon did was an act of treason; at the very least it was a clear violation of the Logan Act, which prohibits American citizens from communicating with foreign governments to conduct their own foreign policy.
This move by Republicans is not quite at that level. As Dan Drezner wrote, “I don’t think an open letter from members of the legislative branch quite rises to Logan Act violations, but if there’s ever a trolling amendment to the Logan Act, this would qualify,” and at least it’s out in the open. But it makes clear that they believe that when they disagree with an administration policy, they can act as though Barack Obama isn’t even the president of the United States.
And it isn’t just in foreign affairs. In an op-ed last week in the Lexington Herald-Leader, Mitch McConnell urged states to refuse to comply with proposed rules on greenhouse gas emissions from the Environmental Protection Agency. Never mind that agency regulations like these have the force of law, and the Supreme Court has upheld the EPA’s responsibility under the Clean Air Act to regulate carbon emissions — if you don’t like the law, just act as though it doesn’t apply to you. “I can’t recall a majority leader calling on states to disobey the law,” said Barbara Boxer, the ranking Democrat on the Senate Environment and Public Works Committee, “and I’ve been here almost 24 years.”
The American political system runs according to a whole series of norms, many of which we don’t notice until they’re violated. For instance, the Speaker of the House can invite a foreign leader to address Congress for the sole purpose of criticizing the administration, and he can even do it without letting the White House know in advance. There’s no law against it. But doing so violates a norm not only of simple respect and courtesy, but one that says that the exercise of foreign policy belongs to the administration. Congress can advise, criticize, and legislate to shape it, but if they simply take it upon themselves to make their own foreign policy, they’ve gone too far.
But as has happened so many times before, Republicans seem to have concluded that there is one set of rules and norms that apply in ordinary times, and an entirely different set that applies when Barack Obama is the president. You no longer need to show the president even a modicum of respect. You can tell states to ignore the law. You can sabotage delicate negotiations with a hostile foreign power by communicating directly with that power.
I wonder what they’d say if you asked them whether it would be acceptable for Democrats to treat the next Republican president that way. My guess is that the question wouldn’t even make sense to them. After all, that person would be a Republican. So how could anyone even think of such a thing?
By: Paul Waldman, Senior Writer, The American Prospect; Contributing Writer, The Plum Line, The Washington Post, March 9, 2015
“GOP Lawmakers Are Violating The Logan Act”: Playing With Fire; Senate GOP Tries To Sabotage Nuclear Talks
In a practical sense, when congressional Republicans invited Israeli Prime Minister Benjamin Netanyahu to deliver a joint-session address, it was part of a larger sabotage campaign. GOP lawmakers, without so much as a hint of embarrassment, are openly trying to derail international diplomatic talks with Iran, and Republicans had no qualms about partnering with a foreign government to undermine American foreign policy.
The GOP gambit arguably marked a new low. But after hitting the bottom of the barrel, Republicans dug a hole and fell just a little further.
A group of 47 Republican senators has written an open letter to Iran’s leaders warning them that any nuclear deal they sign with President Barack Obama’s administration won’t last after Obama leaves office. […]
“It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system…. Anything not approved by Congress is a mere executive agreement,” the senators wrote. “The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.”
Josh Rogin’s report makes clear that the signatories “hope that by pointing out the long-term fragility of a deal with no congressional approval … the Iranian regime might be convinced to think twice” about striking a deal with Americans and our negotiating partners.
The letter was organized by Sen. Tom Cotton (R-Ark.), a right-wing freshman who has spent months bragging about his hopes of destroying any diplomatic agreement intended to stop Iran’s nuclear ambitions.
The list of the 47 GOP senators who signed on to the letter is online here. Note, that list features several presidential hopefuls, including Ted Cruz, Rand Paul, and Marco Rubio. (Only seven Senate Republicans decided not to endorse the letter: Lamar Alexander, Dan Coats, Thad Cochran, Susan Collins, Bob Corker, Jeff Flake, and Lisa Murkowski.)
Norm Ornstein noted this morning that he’s “flabbergasted” by the “astonishing breach of conduct.” That’s clearly the appropriate response. But I’m also struck by how dangerous the Republicans’ conduct is.
As we discussed back in January, when the broader sabotage campaign came into focus, there is no real precedent for this in the American tradition. The U.S. system just isn’t supposed to work this way – because it can’t. Max Fisher explained that we’re looking at “a very real problem for American foreign policy.”
The Supreme Court has codified into law the idea that only the president is allowed to make foreign policy, and not Congress, because if there are two branches of government setting foreign policy then America effectively has two foreign policies.
The idea is that the US government needs to be a single unified entity on the world stage in order to conduct effective foreign policy. Letting the president and Congress independently set their own foreign policies would lead to chaos. It would be extremely confusing for foreign leaders, and foreign publics, who don’t always understand how domestic American politics work, and could very easily misread which of the two branches is actually setting the agenda.
The United States and our allies have reached a delicate stage of diplomacy on a key issue, but as far as congressional Republicans are concerned, the United States isn’t really at the negotiating table at all – the Obama administration is. Republican lawmakers not only disapprove of the process, they also feel justified conducting their own parallel, freelance foreign policy, which includes partnering with foreign governments and sending a message to the very rival the United States and our allies are negotiating with.
In other words, for the first time anyone can remember, we’re watching American elected officials brazenly trying to sabotage American foreign policy.
Under the circumstances, it’s no longer ridiculous to wonder whether GOP lawmakers are violating the Logan Act.
As for the GOP’s legal argument to Tehran, Jack Goldsmith added, “It appears from the letter that the Senators do not understand our constitutional system or the power to make binding agreements.”
Unfortunately, that’s not the only thing they fail to understand. They seem equally confused about propriety, U.S. protocols, and how American foreign policy is supposed to work.
By: Steve Benen, The Maddow Blog, March 9, 2015
“A House Divided”: Its Pretty Hard To Actually Govern In A System Designed To Require Compromise
The plan was to force President Obama to either sign a bill repealing his executive actions on immigration or veto it and shut down the Department of Homeland Security. But things didn’t work out that way.
Senator McConnell couldn’t get the 6/7 Democratic votes he needed to pass a bill that paired funding for DHS to repealing the President’s immigration actions and Speaker Boehner was unwilling to pass a stand-alone funding bill with primarily Democratic votes. So we got a one week reprieve before we do this all over again.
The good news is that we found out that neither Republican leader is willing to follow through with their threats to blow up hostages in order to force Democrats to give them what they want. So at some point, they’ll pass a bill that funds DHS.
After the Republicans gained control of the Senate and increased their margins in the House in the November elections, both Mr. Boehner and Senator Mitch McConnell of Kentucky, the majority leader, promised to reverse Congress’s pattern of hurtling from crisis to crisis, even over matters like appropriations that were once relatively routine.
But in their first big test, the Republican leaders often seemed to be working from different playbooks, at times verging on hostility, with each saying it was time for the other chamber to act.
The funding stalemate bodes poorly for any larger policy accomplishments this year, leaving lawmakers pessimistic that the 114th Congress will be able to work in a bipartisan fashion on more complicated issues.
The Office of Management and Budget has said that a vote to increase the nation’s debt limit will be necessary by mid- to late summer, and lawmakers were also hoping to take up trade policy, as well as at least a modest overhaul of the nation’s tax code — undertakings that now look increasingly imperiled.
When you’ve spent the last six years convincing your base that your opponent is a tyrant who is out to destroy the country and that his party’s agenda is the tool by which he will do that, its pretty hard to actually govern in a system that is designed to require compromise.
I wouldn’t say that any of that is a big surprise to those of us who have been paying attention. But what is surprising – and will be worth paying attention to over the next few months – is the apparent hostility between McConnell and Boehner. I don’t think anyone saw that coming. But it does suggest that there is more than one fault line in this divided house.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, February 28, 2015