“We Can’t Get Nothing To Stick”: When Politicians Ponder Optics And Atmosphere, The Red Flag Should Go Up
House Homeland Security Committee Chairman Michael McCaul (R-Texas) appeared yesterday on “Face the Nation” and seemed wholly unconcerned about the scope of the NSA surveillance programs. Indeed, like many of his congressional colleagues, McCaul expressed far more concern with prosecuting Edward Snowden for leaking the information than scaling back intelligence-gathering operations.
But notice how the Republican Texan chose to use the story to criticize President Obama anyway.
“The optics are terrible in this case when you consider the recent scandals,” said McCaul on CBS’s “Face the Nation.”
Ah, yes, the “optics.” McCaul has no problem with the NSA’s expansive surveillance programs, and has no intention of criticizing the efforts or voting for new restrictions, but he nevertheless sees a political problem for the White House — because of the “optics.”
House Intelligence Committee Chairman Mike Rogers (R-Mich.) said something similar last week on “Meet the Press”:
“You know, when you look at the IRS and you look at the Benghazi issue and you look at the AP issue, I think the trouble here isn’t even the individual specific scandals, it’s this broader notion that there’s a pattern of this activity.”
See what he did there? The “individual specific scandals,” according to the House Intelligence Committee Chairman, don’t really matter. Indeed, they can’t really matter since the so-called “scandals” are either unrelated to the White House, deal with actions that are probably legal, or both.
So it becomes necessary to shift attention to “broader notions” and “optics,” since factual details are politically unsatisfying. It turns politicians into pundits, reflecting less on policy and more on perceptions.
Greg Sargent had a sharp take on this last week after hearing Rogers’ comments.
Those who remember the 1990s well … will recall that this is a time tested tactic. The goal is to create an overarching atmosphere of scandal, because this intensifies pressure on news orgs and reporters to hype individual revelations within that framework with little regard to the actual importance or significance of each new piece of information.
It’s worth emphasizing that all of this predates the NSA revelations. But it nevertheless provides a context to McCaul’s quote: “The optics are terrible in this case when you consider the recent scandals.”
Or to put another way, “We couldn’t get any of the scandals to stick, but we created an environment with some vague notion of the White House in crisis, despite the absence of wrongdoing. We can therefore opportunistically complain about NSA activities, even if we endorse them and want them to continue.”
When politicians talk about “optics,” instead of specifics, red flags should immediately go up.
By: Steve Benen, The Maddow Blog, June 10, 2013
“Make Peace With God”: Embattled Federal Judge Called For Texas To Execute 8 To 12 Times As Many Inmates Per Year
According to a complaint filed last week against federal appellate Judge Edith Jones, Jones suggested that African-Americans and Hispanics are predisposed towards violent crime and that the death penalty is a public service because it allows inmates to “make peace with God.” Should these allegations against Judge Jones be proven, they will be only the latest examples of a career’s worth of nonchalance regarding executions. Indeed, as far back as 1990, a much younger Jones proposed a series of reforms to Texas’ execution procedures that would have increased that state’s execution rate by as much as twelve times.
In an article for the Texas Bar Journal entitled “Death Penalty Procedures: A Proposal for Reform,” which is available through the legal research service HeinOnline, Jones decries a capital punishment system in Texas which she views as too inefficient, in large part because judges delay executions by taking time to review death sentences to determine that they were lawfully handed down. Indeed, at one point Jones blames the slow rate of executions on “the frequent, human reaction of most judges . . . to defer a decision if any element of a case raises doubts, or to grant a temporary stay for further consideration.”
To speed along Texas’ ability to kill death row inmates, Jones proposes that Texas schedule “four to six executions per month, commencing six months to one year from the date” those execution dates are made public. Notably, in the five years prior to when Jones wrote this piece, Texas executed an average of just under six inmates per year, so the immediate impact of her proposal would have been to multiply the state’s execution rate eight to twelvefold.
It’s also worth noting that Texas’ execution rate did spike significantly in the years after Jones wrote this piece. Most significantly, during the four years after Congress passed the Antiterrorism and Effective Death Penalty Act of 1996, which limited the ability of death row inmates to challenge their sentences in federal court, Texas executed an average of 33 people per year. Nevertheless, in the modern era of American death penalty law, Texas has never executed the 48 to 72 people per year suggested by Jones’ piece. The deadliest year for Texas inmates was 2000, when 40 people were executed. 15 people were executed last year. Nevertheless, Jones concludes her list of proposals for expediting Texas’ executions by suggesting they could be viewed as “too lenient” because they would “take more than four years to conclude all the currently pending capital cases.”
A decade after publishing this proposal, Jones joined two opinions claiming that a man whose attorney slept through much of his trial could nonetheless be executed.
Even without Jones’ proposal for a wave of executions, Texas has a higher execution rate than any other state. More than one third of all U.S. executions took place in Texas since 1976, when the Supreme Court announced the modern constitutional regime governing death penalty cases.
By: Ian Millhiser, Think Progress, June 10, 2013
“Putting The Train Wreck On Hold”: Everything Anti-Obamacare Republicans Predicted Is Proving To Be The Opposite Of Reality
The Affordable Care Act, like every landmark piece of legislation in modern times, has faced its share of trials. Getting it through Congress was nearly impossible, and the law was very nearly killed by the Republican appointees on the U.S. Supreme Court.
But with the law now secure and President Obama re-elected, there’s one more major challenge for “Obamacare” to overcome: the implementation hurdle. As we discussed several weeks ago, this is at least as big a hurdle as the others, and more than a few observers have raised the prospect of a “train wreck.” Even those who generally defend the law are worried.
They are, however, a little less worried today. As Matt Yglesias explained, implementation of the law is “fundamentally” going quite well.
The latest evidence comes to us today from California, America’s largest state and one of the states that’s tried the hardest to actually implement Obamacare. As Sarah Kliff explains, their exchanges are getting set up, and it looks like premiums for “silver” and “bronze” plans are both going to be lower than was previously expected. Far from a “train wreck,” in other words, the biggest single set of clients for the program is getting something like a nice, smooth high-speed train ride.
There was also good news from Oregon recently, where insurers that had initially come in with high premium bids are now asking to resubmit with cheaper offerings in the face of competition. And the Affordable Care Act’s goal of slowing the growth in aggregate health expenditures is also coming true.
Yep, at least for now, everything anti-ACA Republicans predicted — on premiums, on competition, on exchanges, on escalating costs — is proving to be the opposite of reality.
Now, because of state-by-state differences, there will be quite a bit of variety in outcomes. If you live in California or another state dominated by Democratic officials, you’ll likely have a very positive impression of how the law is being implemented, and how it benefits you, your family, and your community.
If you live in, say, Texas, you’re likely to have a very different kind of experience.
As Jonathan Cohn explained this morning:
Unfortunately, millions of uninsured and under-insured Americans live in places like Florida and Texas, where there is far less sympathy — and a great deal more hostility — to the idea of Obamacare. It’s entirely possible that the insurance bids in those states will be a lot higher, precisely because state officials there are doing nothing to help and quite a bit to hurt implementation. But if that happens, blame won’t belong with the heath care law or the federal officials in charge of its management. It will belong with the state officials who can’t, or won’t, deliver to their constituents the benefits that California’s officials appear to be providing theirs.
It’s not necessarily an explicitly partisan matter — I’m not saying that Democrats are necessarily better at health care governance. Rather, the point is, Democrats don’t have an ideological axe to grind when it comes to trying to sabotage federal health care law. Rick Perry, however, does.
To be sure, these red-state residents won’t be left out entirely, and they’ll still benefit from all kinds of consumer protections and expanded access that they’ll really appreciate, even if they don’t yet realize the available benefits. But the full benefits of implementation will elude them for a while in ways blue-state residents won’t have to deal with.
Regardless, the news out of California is a bit of a breakthrough, and heartening news for anyone hoping to see the Affordable Care Act succeed. For more on this, also take a look at the reports this morning from Klein, Krugman, and Beutler.
By: Steve Benen, The Maddow Blog, May 24, 2013
“Unstable Lawmakers”: Five Worst Ideas From Texas’ Tea Party Government
It’s no surprise that in the state that gave us personalities like Representative Ron Paul, Governor Rick Perry, and Senator Ted Cruz, legislators have proposed more than their fair share of outrageous laws. Nearly failing to extend Medicaid benefits to the state’s disadvantaged, moving to make English the state’s official language, and putting forward a constitutional referendum that would prohibit tax increases only scratch the surface in the Lone Star State..
Here are the 5 worst ideas to come from Texas’s right-wing government:
Suing The Obama Administration 25+ Times
Texas’ attorney general sure knows how to put taxpayers’ money to good use. Greg Abbott takes pride in the fact that he has sued the Obama administration more than 25 times since February, 2010. “In all, Abbott’s federal cases have cost the state more than $2.8 million,” according to a Texas newspaper. “That includes $1.5 million-plus in salaries for state employees working on the cases, nearly $250,000 in court costs and the travel expenses of attorney general’s office personnel, and roughly $1 million for outside counsel and expert witnesses.”
Abbott, who once insisted that Democrats are more of a threat than North Korea, sued the federal government and lost in cases of discriminatory voter-ID laws and gerrymandered district maps, costing the state well over $1 million in these two cases alone.
Making It Illegal To Introduce Or Implement Any New Federal Gun Laws
Texas lawmakers took their Second Amendment paranoia to an entirely new level in April with the proposal of HB 1076. This law “would ban state agencies from enforcing any new federal gun laws, including background checks,” according to MaddowBlog. “The bill passed the Republican-led House on a largely party-line vote Monday, but legal experts say the attempt to ‘nullify’ possible future federal laws likely wouldn’t pass the scrutiny of the U.S. Supreme Court.”
Texas Republicans have given themselves full authority to ignore federal laws that place any restrictions on gun sales. The proposed law states that the American people have a right granted to them by the U.S. and Texas Constitutions to bear arms, and any law that threatens those rights—even a law instituting simple background checks—will be immediately rejected.
Placing Armed Guards In Texas Schools
While you will not see any new gun laws in Texas that limit gun purchases, Republican legislators won’t think twice about implementing laws that increase the use of guns—even in schools. Gun-loving Texas lawmakers introduced a proposal that would put “school marshals” in every one of the state’s K-12 schools.
According to the Dallas News, “Marshals will be allowed to carry a gun and their identity would only be known to the school’s head administrator and law enforcement. If working in a classroom or around children, the school marshal’s weapon will be locked away but within reach.”
Following the incident at Sandy Hook Elementary School, where 20 children and six adults were killed in a school shooting, Republican lawmakers in Texas decided the best response to this was to put more guns in the hands of citizens—and to put those citizens in our children’s schools.
Defunding Planned Parenthood
Pro-life legislators in Texas who were working to defund Planned Parenthood and close down all locations in the state suffered a minor setback when the case was taken before a Texas judge—but they overcame that obstacle when the judge ruled that the state has the authority to defund the women’s health organization simply because it advocates for abortion rights. State Republicans were even making absurd claims that Planned Parenthood was pushing teenagers to get pregnant, in an attempt to bring in steady business.
Texas lawmakers were also seeking to keep funds from the Women’s Health Program—a government program that provides low-income women with preventive care—away from Planned Parenthood. This issue was also taken to court, where the same judge voted again in their favor, despite the fact that states do not have the authority to block health providers (such as Planned Parenthood) from receiving Medicaid funds.
After a backlash from voters and a report from the Texas Health and Human Services Commission that projected a significant increase in births among low-income women, Texas Republicans have quickly worked to reverse their initial actions against Planned Parenthood and women’s health organizations statewide.
Rewarding Companies That Deny Contraception To Employees
Hobby Lobby, an arts and crafts supplier chain, recently sued the U.S. government over the health care law that requires they provide their employees coverage for contraceptives. Hobby Lobby president Steve Green cited his Christian values as his reason for standing against this women’s health law.
“When a business is being stressed nearly to the point of bankruptcy by punitive federal taxes, of course the state should give them relief,” Texas State Republican representative Jonathan Stickland stated. “The Obama administration’s mandate and their threats to bury Hobby Lobby with $1.3 million per day in tax penalties aren’t just unconstitutional, they’re unconscionable. It is simply appalling that any business owner should have to choose between violating their religious convictions and watching their business be strangled by the strong arm of Federal mandates and taxation.”
Stickland’s efforts through House Bill 649 to grant tax breaks to Hobby Lobby so they can cover the cost of contraception for employees would actually keep them from paying any state taxes at all. The state of Texas would lose over a million dollars in tax revenue from Hobby Lobby alone.
By: Allison Brito, The National Memo, May 15, 2013
“From Poor Regulation To Terrorism”: Texas’ Wild West Approach To Protecting Public Health And Safety
You might think the fertilizer plant explosion in West, Texas, that leveled the town and killed 14 people would have given pause to those conservative policymakers and boosters in the Lone Star State who proudly boast of a “Texas Way” in which job-creators aren’t hassled by pointy-headed bureaucrats and regulators or income taxes or any of those other new-fangled socialist devices. But no: under the leadership of Gov. Rick Perry, we learn from a New York Times story today, Texas government and business officials are going out of their way to reiterate that this is a place where the Bidnessman walks tall, and poor living standards and high workplace risks are just the price of keeping job creators fat and happy.
Texas has always prided itself on its free-market posture. It is the only state that does not require companies to contribute to workers’ compensation coverage. It boasts the largest city in the country, Houston, with no zoning laws. It does not have a state fire code, and it prohibits smaller counties from having such codes. Some Texas counties even cite the lack of local fire codes as a reason for companies to move there.
But Texas has also had the nation’s highest number of workplace fatalities — more than 400 annually — for much of the past decade. Fires and explosions at Texas’ more than 1,300 chemical and industrial plants have cost as much in property damage as those in all the other states combined for the five years ending in May 2012. Compared with Illinois, which has the nation’s second-largest number of high-risk sites, more than 950, but tighter fire and safety rules, Texas had more than three times the number of accidents, four times the number of injuries and deaths, and 300 times the property damage costs….
“The Wild West approach to protecting public health and safety is what you get when you give companies too much economic freedom and not enough responsibility and accountability,” said Thomas O. McGarity, a professor at the University of Texas at Austin School of Law and an expert on regulation.
So I’d bet today’s news that Texas law enforcement officials have launched a criminal investigation based on reports that federal agents found bomb-making materials in the possession of a paramedic who was on the scene in West is going to generate a lot of excitement in the state’s conservative circles. True, the suspect who was arrested by the ATF isn’t an Arab or even a Chechen, and no one knows at this point if he had anything to do with the explosion, and if so, what his motives might have been.
But Lord a-mercy, wouldn’t it be nice if it was a terrorist and not an industry or lawmakers or regulators we ought to be looking at in connection with this tragedy? The very possibility must be worth toasting in certain circles during today’s Texas happy hours.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, May 10, 2013
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