Category ►►► Congressional Calamities

December 9, 2010

A Complex and Tricky Scheme Republicans Can Use to Force Lower Spending in 2011

It’s a bit hard to follow, filled with parlimentarian maneuvers (like votes and such) and much hand waving (by frustrated Democrats); and readers not steeped in congressional jargon may have difficulty understanding the machinations (just as Barack H. Obama believes liberals opposed to his anti-tax-increase deal with the GOP just don’t understand his genius); but I’ll give my best shot to clarifying and simplifying this labyrinthian, byzantine, Rube Goldberg-ian gimmick:

1. On January 3rd, the incoming Republicans will have a strong, 242-193 majority in the House of the 112th Congress.
2. Anticipated Streaker of the House John Boehner (R-OH, 96%, and pronounced “BAY-ner,” for all you Beavis and Butthead viewers) will have a much greater control over that body than will Senate Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 95%) over his. This is because senators are more egotistical and autocratic than representatives, and because they have the filibuster in the Senate but not in the House.
3. Here’s where the maneuvering gets really, really hard to follow: Since any bill must pass the House in order to pass Congress and land on the president’s desk, Streaker Boehner must lead his Republican caucus to vote down any budget bill, appropriations bill, or spending authorization bill that increases overall spending — or better, that fails to reduce overall spending by, say, 2% over the previous year’s spending. (I realize how difficult that is for lay readers to comprehend; if you’re confused, consult an expert in congressional rules and traditions.)
4. Moreover, the Streaker can refuse even to bring a bill to the floor for a vote. Thus Boeher can announce in advance that no spending bill will even get a vote if it raises overall spending; if a bill raises spending on one place, it must reduce it somewhere else by that amount (or more). Thus, even if too many Republicans defect and want to vote for a bill that raises spending, Boehner can refuse to schedule a vote. (The only way around that is via a rare and politically dangerous House discharge petition.)
5. So if Republicans stand firm on the principle to reduce spending, which was the most basic and obvious message of the “Tea Party” elections of 2010, they can prevent any 2011 spending that exceeds 2010 spending (or better, that fails to reduce it). The Democratic Senate alone cannot pass a bill, and the president cannot spend money without full congressional authorization (except for what is already authorized). So either Democrats and the president accept a spending freeze (or reduction), or they move nothing at all to the president’s desk. Period.

If Democrats scream about a “government shut down,” Boehner just politely and non-confrontationally — not like Newt Gingrich! — explains, “cut the spending, and we’ll be happy to vote. If we don’t cut spending, we’ll drown in a sea of unmanageable debt.” I think the American people will get it; they’re much smarter than most members of Congress.

Whew! Tough sledding to get through all those intricate manipulations and prestidigitation, I know; but I hope it’s at least reasonably clear what control of the House can accomplish.

Hatched by Dafydd on this day, December 9, 2010, at the time of 12:31 PM | Comments (1) | TrackBack

August 9, 2010

The “Screw the Court” Constitutional Amendment

I would love to see the following offered on January 3rd, 2011, in the 112th Congress of the United States, as an amendment to the U.S. Constitution:

I’m not a lawyer, though I sometimes play one in my bathroom; so I might not have all the legal higgledy-piggledy exactly correct. But the intent is this: To amend the U.S. Constitution to make it plain that:

1. Each state will determine its own definition of marriage for state purposes… not the federal courts or the U.S. Congress.
2. The federal government will stick with the traditional definition of marriage being between one man and one woman.
3. No state will be required to recognize or respect a same-sex, polygamous, or polyandrous marriage, even if such are recognized in some other state.

As liberals, they can still argue that their own state should define marriage to include same-sex unions… define, that is, by citizens’ initiatives, state legislatures, state courts interpreting the state constitution, or however that state accomplishes such determinations; and nothing in this amendment prevents them doing so.

The amendment doesn’t compel any state to recognize same-sex marriage, but it allows each state to do so, on its own. It only stops the feds from bullying the states, and stops other states from bullying their neighbors.

To vote against this amendment — is to vote in favor of one’s own state being forced, willy-nilly, to dance to some other government’s tune. I reason that after the shellacking the Democrats will take in the 2010 elections, they will be too gunshy to vote to allow the federal courts (or next-door states) to define marriage for their own state, against the wishes of their own constituents.

Astute readers will recognize sections 2 and 3 as the guts of the Defense of Marriage Act, which is still currently federal law (1 U.S.C. § 7 and 28 U.S.C. § 1738C); though a number of federal lawsuits seek to overturn it. If this amendment passes, that will moot those cases, as an amendment to the U.S. Constitution is constitutional by definition. (I reversed the order of the two provisions to put the state and federal definitions next to each other.)

So what do our lawyer readers think; would this fly? Would it have a chance to get 67 votes in the Senate, 290 votes in the House, and then be ratified by at least 38 states — that is, in the world beyond the November elections and the seating of the new Congress and new state legislatures?

Hatched by Dafydd on this day, August 9, 2010, at the time of 10:53 PM | Comments (9) | TrackBack

May 16, 2010

Expect or Rate Spector

On Tuesday, Sen. Arlen Specter (D R D-PA, unrated in current incarnation) scuffles to the polls, like an errant schoolboy expecting the master to hand him a right caning. As indeed is pretty likely to happen.

Specter turned his coat back to the Democratic Party a year ago. He was originally a Democrat until 1965, when he flipped to Republican after getting himself elected D.A. as a Democrat, though on the Republican ticket… ya fallah? Then on April 28th, 2009, when it became apparent that he would lose the Republican primary election to Pat Toomey, former House member from Pennsylvania and former president of the Club for Growth, Specter switched back to the Democrats. (He also turned his entire political philosophy on a dime and began voting with Majority Leader Harry “Pinky” Reid on every critical issue.)

But for some odd reason, the Democrats decided the double-traitor was perhaps a skosh untrustworthy; and he drew an opponent in the Democratic primary election, Joe Sestak (actual D-PA, 95%). According to the RealClearPolitics average, (1) Sestak is 2.7% ahead of the incrumbent, (2) Specter cannot even crack 45%, therefore (3) he’s going to lose.

Ah, but therein lies the snub: Hell hath no fury like a Specter scorned.

After Tuesday, Specter will know that his career of fakery and unprincipled pandering is ended… but he’ll still be sitting in the United States Senate for another seven and a half months. He will be filled to the rim with rhapsodies of revenge — but revenge against whom?

• Against the Democratic voters, who will have “betrayed” and consigned him to oblivion?
• Against the Republicans, who started the death spiral by rejecting him in favor of Toomey?
• Against President Barack H. Obama? Although the Commisar finally, reluctantly endorsed Specter, he really didn’t lift much of a hand to save his sorry glutes.
• Against the entire Senate? Despite his thirty years of soulless service, they refused to rise up and declare him Senator for Life, so he would never have to undertake the humiliation of bowing and scraping to the “people,” just so they would reelect him. The cads!

I cannot possibly say who Specter will consider Public Enema Number One; all I can predict is, he’s about to become the most bitter and obstreperous member that the world’s most deliberative high-school debate society has ever seen. I suspect he will put random holds on votes, refuse unanimous consent, absent himself to prevent a quorum, hijack committee hearings, ask leering and suggestive questions, mentally abuse the pages, replace the gavel with a rubber chicken, and intentionally tread on Olympia Snowe’s toe.

It should be quite a show. Somebody bring the flopcorn.

Hatched by Dafydd on this day, May 16, 2010, at the time of 11:15 PM | Comments (0) | TrackBack

March 21, 2010

Stupak Caves, Euro-Style Government-Run Health Care Now a Done Deal – UPDATED

The post title says it all… but see previous post for how we may still have a good shot at reversing the vote.

UPDATE: After all the Sturm und Drang, Rep. Bart Stupak (D-MI, 90%) settled for an executive order (EO) from President Barack H. Obama saying that federal funds would not be used for abortion.

But this is what Mary Poppins calls a “pie-crust promise, easily made and easily broken.” This EO will be signed in the spotlight, with a thousand media moguls covering the “breakthrough” with hundreds of thousands of feet of tape.

But the next EO will be signed in the proverbial dead of night, probably when Congress is in recess, buried amongs a flurry of innocuous EOs declaring September “Homer Simpson appreciation month” or “recognizing the tremendous influence of peppermint-flavored dental floss on American culture.”

The next EO will “clarify” the first one… it will state that in certain “emergency circumstances,” the feds can fund abortion; and then it will give so broad a definition of emergency circumstances that every abortion in America will be eligible.

How do I know this? Very simple: Barack Obama truly wants the federal government to pay for abortions; and since he has the authority to get what he wants, with only a promise to hold him back, why wouldn’t he? What is Bart Stupak going to do about it?

The syllogism is quite simple:

1. Obama ultimately wants a single-payer health-care system in the United States, à la Great Britain or Japan. Nobody denies this, not even the president.
2. Obama believes that abortion should be safe and legal.
3. If abortion is legal, it counts as health care, obviously.
4. Therefore, in the world that the One wants us to have, the federal government — the “single payer” — will necessarily pay for all abortions in the U.S.

QED

Whether the Obamacle can bring about the millennium he desires is another question; but it’s a dead cert that his desire is for the feds to pay for abortions, among other procedures, using taxpayer dollars. In fact, he also wants partial-birth abortion to be legal; so by the same syllogism, he wants you and me to pay for it with our federal taxes.

Now I’m not completely anti-abortion; but I am utterly anti-federally funding for abortion. (And I’m also utterly against partial-birth abortion — or to be more accurate, partial-birth infanticide — federally funded or not.)

Therefore, Stupak traded away his putative principles for a pot of message. He is a traitor to a cause he claims to have supported from long before he has been in federal office, since 1993, going all the way back to when he consciously accepted Catholicism, presumably as a child.

I reckon the aphorism is true: Liberalism, like socialism, truly does corrupt all that it touches.

Hatched by Dafydd on this day, March 21, 2010, at the time of 1:12 PM | Comments (3) | TrackBack

March 20, 2010

Does She Do or Does She Don’t? A Reptile Says – She Don’t

Bonus extra fold-out: How the Democrats hoisted themselves by their own petard

Let us once more check the Hill’s newest whip count:

• 178 Republicans are firm Nays; even Rep. Joseph Cao (R-LA, not yet rated), personally (and heavily) lobbied by President Barack H. Obama himself, doesn’t look to buck the unanimity.
• 37 Democrats are firm Nays, likely Nays, or leaning Nay.
• 199 Democrats are firm Yeas, likely Yeas, or leaning Yea.
• 17 Democrats are toss-ups.

A little back-of-the-thumbnail calculation gives us 215 firm, likely, or leaning Nay — vs. 199 firm, likely, or leaning Yea; 216 is a majority in a House of Representatives that has but 431 members at the moment. Once again, the ObamaCarebears must run the table, picking up each and every undecided… while we need only a single one to break against the bill.

Of course, some in the Nay column could repent of their sinful ways and join the Democrat scamwagon; but so far, for every Nay lost to a Yea, an undecided has come out as a replacement Nay. The Nay side has stayed at 215 or 214 for several days now, despite all the queen’s rubber hoses and all the queen’s minions.

You gotta like our chances.

Other prognosticators agree; according to “Pessimism” Paul Mirengoff at Power Line, one of the Stupakians, Rep. Dan Lipinski (D-IL, 90%), says Pelosi is still about seven short. Paul continues, joined by “Jeremiah” John Hinderaker:

UPDATE: Jeffrey Anderson at NRO’s Critical Condition blog says Pelosi is still short. He counts 208 leaning in favor, 214 leaning against, and nine undecided. At this point, though, “leaning against” may mean “waiting for an inducement” in some cases.

JOHN adds: This is consistent with what James Hohmann of Politico told us on our radio show this morning, i.e., that as of around 1:00 this afternoon, Pelosi had 206-208 “yes” votes.

So as I’ve said many times, in politics, the game ain’t over till the last fat lady is hung. If Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 100%) postpones tomorrow’s vote, that means she knew she didn’t have 216; if she holds the vote, that means she thinks she has 216 — but could be mistaken.

Bonus fold-out! It occurred to me a week or so ago that the Democrats’ own corrupt scheme actually makes it much more plausible that, even if ObamaCare passes tomorrow, we can still repeal and abolish it before it destroys American medical care.

How? How?!

The Democrats were so anxious not to reveal how horribly ObamaCare adds to the deficit that they pulled a fast one on the Congressional Budget Office (CBO), which tracks those sorts of issues: They crafted a bill that “backloads” all the core elements of ObamaCare — all the liberty-liquidating, choice-curtailing, budget-busting, death-panel debuting provisions, including the mandate — to 2013; but the bill enacts the tax increases immediately.

What does this mean? For one thing, the bill the CBO was given to score included only seven years of spending, but a full ten years of tax increases. That made it appear actually to decrease the budget deficit — for the exact ten-year period from fiscal year (FY) 2011 through FY 2020; but if instead one looks at the ten-year period from FY 2014 through FY 2023, ObamaCare adds about two trillion dollars to the budget deficit!

So a profligate’s dream of a bill that will bust the budget wide open was artificially made to look like a fiscally responsible bill that will (slightly) reduce the deficit.

But there was a price to pay: By backloading the guts of ObamaCare, Democrats themselves insured that nothing concrete would be done to implement its most horrible parts until after the 2012 presidential election. Thus, if we can take a long stride towards recapturing the House and Senate in this year’s election, then complete the job in the 2012 election; and if we can bring a candidate who defeats Barack “Spending Spree” Obama; then Congress can just vote to repeal ObamaCare, and the new (Republican) president will sign it.

And of course, if the Democrats try to filibuster that bill in the Senate, the GOP can just reach into the Democrats’ own bag ‘o tricks, like Felix the Cat, and pull out any of a number of techniques, fair or foul, that they pioneered to quash filibusters. If worse comes to worst, Congress has simply to fail to enact the necessary appropriations bills and starve ObamaCare to death; while the administration need only fail to enforce the law mandating insurance to strangle ObamaCare while still in the womb.

It must be infinitely easier to kill a new entitlement program that hasn’t even started yet than to kill one that has been up and running for two years. The bill (even if passed) is vulnerable entirely because Pelosi couldn’t face a vote with the full extent of her perfidity in plain view. Wile E. Democrat, Supergenius, strikes out again.

So let’s all keep a stiff upper spine, wait for tomorrow, and see what the old biddy has up her skirts.

Hatched by Dafydd on this day, March 20, 2010, at the time of 11:59 PM | Comments (1) | TrackBack

March 15, 2010

The Hill’s “Whip Count” on ObamaCare – GOP Picking Up Votes

In our last installment on Saturday, we were able to report the following:

The Hill newspaper is published daily in the nation’s capital while Congress is in session, which is unfortunately true right now. They’ve been publishing a daily (or so) whip-count; that is, the Democratic and Republican leaders tell the Hill how many votes they think they have, and the paper makes the final judgment (presumably after talking to some of the waverers).

In the count published today, here’s how we stand:

• All 178 Republicans will vote Nay.
• 34 of the Democrats are firm, leaning, or likely Nays; this includes eight Democrats who voted Yea the last time around in November.
• 147 Democrats are firm, leaning, or likely Yeas.
• The remaining 72 Democrats are “undecided.”

That puts the current count at 147 Yea, 212 Nay, with 72 toss-ups. Note that a majority is currently 216, since there are only 431 members of the House right now.

In today’s whip-count, we see some movement — and astonishingly, considering all the proclamations of Obamic victory, it’s in the right direction!

• All 178 Republicans will vote Nay.
• 37 of the Democrats are firm, leaning, or likely Nays, three more than last time.
• 146 Democrats are firm, leaning, or likely Yeas (one fewer than Saturday).
• The remaining 70 Democrats are “undecided” (two fewer).

That’s 146 Yeas, 215 Nays, with 70 ditherers, and majority is still 216.

In other words, ObamaCare is just one vote shy of defeat in the House… with 70 votes still up for grabs. We must win over one more Democrat — before they win over 70: If Democrats lose even one more congressman, the bill dies.

I still have full faith and confidence in the American people; we have proven ourselves to be steadfast in our rejection of a radical rewrite of all health-insurance rules. The danger is not the American people but rather the Democratic majority, which might still trample the people down with hobnail boots.

But more and more, it appears that simple self-interest will kill this wretched act; simply put, most United States Representatives like their jobs and want to keep them.

But even if the worst happens, even if the Dems suddenly reverse the momentum and end up eking out a marginal victory, I still believe that we can repeal ObamaCare — despite the fact that (as I am reliably informed) no major new government social bureaucracy has ever been “uncreated.” Think of Social Security, Medicare and Medicaid, and State Children’s Health Insurance Program (SCHIP).

Why am I so positive? First, because the reliable claim is not particularly reliable; for one example, Aid to Families with Dependent Children (AFDC) was an FDR-era welfare entitlement created, as Aid to Dependent Children, as part of the Social Security Act of 1935. Yet it was repealed in 1996, to be replaced with a radically different and far more temporary welfare program titled Temporary Assistance for Needy Families (TANF).

Even the New Republic has recently hailed the repeal of AFDC and enactment of TANF instead [hat tip Wikipedia, of all sites]; TNR editorial of September 4, 2006, p. 7; the piece appears not to be available online:

A broad consensus now holds that welfare reform was certainly not a disaster–and that it may, in fact, have worked much as its designers had hoped.

But the second reason I am convinced that ObamaCare can be repealed is that it differs significantly from all other social-welfare, social-control bureaucracies enacted by Congress — including AFDC. Unlike all the others, ObamaCare is not supported by voters; it is vehemently opposed by large margins.

If President Barack H. Obama’s scheme is finally enacted, it will be over the earsplitting objections of the American people. By contrast, programs such as Social Security and Medicare were wildly popular when they were enacted — and most retain strong majority support even today.

We have never before enacted such wholesale change in the balance between government and governed — when the bill itself was so intensely unpopular; I daresay it’s the most unheard-of thing I ever heard of. For that reason, I simply do not believe it will be passed; but even if it is, I do not believe it will survive long in the 112th Congress.

So hip hip, chin chin, and keep your welly up. Courage, Camille. This too shall pass away!

Cross-posted on Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, March 15, 2010, at the time of 8:44 PM | Comments (3) | TrackBack

March 13, 2010

The Hill’s “Whip Count” on ObamaCare – as of Today

The Hill newspaper is published daily in the nation’s capital while Congress is in session, which is unfortunately true right now. They’ve been publishing a daily (or so) whip-count; that is, the Democratic and Republican leaders tell the Hill how many votes they think they have, and the paper makes the final judgment (presumably after talking to some of the waverers).

In the count published today, here’s how we stand:

• All 178 Republicans will vote Nay.
• 34 of the Democrats are firm, leaning, or likely Nays; this includes eight Democrats who voted Yea the last time around in November.
• 147 Democrats are firm, leaning, or likely Yeas.
• The remaining 72 Democrats are “undecided.”

That puts the current count at 147 Yea, 212 Nay, with 72 toss-ups. Note that a majority is currently 216, since there are only 431 members of the House right now.

To put it in a nuthouse, Republicans must get 4 of those toss-up Dems to vote Nay, while the Democrats must get 69 of the toss-up Dems to vote Yea.

It should be obvious now why Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 100%) has not yet called the vote: The risk is too great that the Nay-sayers will get their 4 before the Yes-men get their 69. And she won’t call the vote until the whip-count shows better odds for ObamaCare than against it.

Now I expect the great majority of those toss-up Dems will eventually vote for ObamaCare; but if they lose only 4 out of the 72 (6%) it goes down. Bear in mind that when the current Congress ends — probably sometime in late November or December — any legislation passed in one or both chambers but not signed into law dies.

The new Congress would have to start all over again with ObamaCare (if it’s still controlled by Democrats); the new House cannot simply pass the previous Senate’s bill and send it to President Barack H. Obama for signature.

As a more practical matter, the closer we edge to the November 2nd elections, the greater the pressure on the toss-up Dems to vote Nay, since that is the way most of their constituents want them to vote.

I would guess that the window will firmly shut in late May or early June; after that — with one dangerous exception — ObamaCare cannot be enacted, for reasons of politics.

The one dangerous exception is the putative “lame-duck” period of the second session of the 111th Congress… the short interval after the elections but before the 112th Congress is seated on January 3rd (per the Twentieth Amendment to the U.S. Constitution).

During those two months, every representative in the House already knows whether he has been reelected, and the Senate bill is still in effect.

A defeated Democrat has nothing to lose by voting for ObamaCare. If enough of those currently leaning towards Nay are defeated, they may, in a fit of vindictive revenge against the constituents who fired them, vote in as perverse a manner as possible. (Though of course, it’s unlikely the reconciliation side of the package could also be enacted during that period.)

This is the most likely time for ObamaCare to be enacted, since it would then have virtually no consequences on its supporters: Many of the Democrats voting for it will have already been defeated; and for those from moderate districts who were nevertheless reelected, a December vote gives them the maximal “memory-lapse” time before facing voters again in 2012.

I’m quite concerned about that interval; has the GOP given it much thought?

Cross-posted on Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, March 13, 2010, at the time of 11:43 AM | Comments (1) | TrackBack

March 2, 2010

Jim Bunning’s Not-So-Lonely Crusade

The sneers and smears of Sen. Jim Bunning (R-KY, 88%) proceed apace. He stands accused of being “cantankerous,” “ornery,” mentally unbalanced, “toxic,” the “crazy uncle in the Senate attic,” cringe-inducing, racist, sexist, “cruel,” “heartless,” a batter beaner (when he was a pitcher for the Detroit Tigers and Philadelphia Phillies in the 1960s), and a serial cusser-outer of reporters — and that’s just from one AP piece!

Because of his ornery nature and ungovernable mouth, Bunning has come to be regarded as the crazy uncle in the Senate attic during his 11 years in Washington. And because he is retiring after this session, there isn’t much anyone can do to keep him in line.

Why the angst? Here it is in a nuthouse:

Republican Sen. Jim Bunning, a 78-year-old Hall of Fame pitcher, is playing hardball on Capitol Hill, single-handedly holding up a $10 billion spending bill because it would add to the deficit.

The move has forced some 2,000 federal employees into unpaid furloughs [who will that inconvenience? — DaH], put jobless benefits in jeopardy for millions and halted more than 40 highway projects.

His objection also put the kibosh (until he is eventually overridden by a Senate vote, probably today or tomorrow) on federal flood insurance. Glub glub.

The mighty CBS has also deigned to notice:

Democrats were stunned when Republican Sen. Jim Bunning singlehandedly blocked a bill that would have extended unemployment benefits for thousands, but now they’re turning Bunning’s move into a political talking point.

Democrats have pinned the blame for the Senate’s lack of action in the past year on the GOP’s obstructionist agenda. Bunning’s move seems to prove their point.

Why is Bunning doing this? It’s unfathomable… unless one actually takes the onerous stop of actually asking the man. It appears his objection is based upon one seemingly simple question about the bill he is obstructing: How do we pay for this spending?

NPR sniffs at the preposterousness of such an objection. Whoever heard of holding up a spending bill merely because there is no money to pay for it?

Saying that he has blocked votes on the legislation to underscore his opposition to the ongoing growth in federal debt, Bunning read a letter from “Robert in Louisville,” who told the senator that even though he hasn’t been working regularly in the past two years he supports what Bunning is doing.

“This country is sooner or later going to implode because of the massive amount of debt run up over the past 40 or 50 years,” Robert wrote, according to Bunning.

Well, if the old coot is so concerned about actually “paying” for spending, ha ha, why doesn’t he suggest how to do it himself? Oh, wait; according to NPR again:

Update at 2:45 p.m. ET. The Associated Press, in its latest story on what’s happening, adds this perspective about Bunning’s position:

“Bunning said again Tuesday that he opposed the extension because it would add $10 billion to the budget deficit, and he attacked Democrats for abandoning promises to pay for legislation instead of contributing to a budget deficits projected to hit almost $1.6 trillion this year. Bunning proposes to pay for the extension with unspent money from last year’s massive economic recovery package, but (Senate Majority Leader Harry) Reid, D-Nev., objected.” (Correction: We had a typo earlier, identifying Reid as R-Nev.)

So let me understand: It’s not that there is no source available to pay for the spending; it’s merely that the Democrats don’t want to pay for it. They just want to spend it!

There is one thing worse than living off your credit card and not paying the bills: living off your credit card and not paying the bills — when you have tons of unspent money in the bank.

(I’m also strangely moved that AP thinks Majority Leader Harry Reid, D-Caesar’s Palace, 70%, is actually a Republican.)

Democrats may be offended by Bunning’s question — who pays? — but I say it deserves an answer. I further suggest that it’s not Jim Bunning bringing disrepute upon the Senate chamber; that distinction rightly belongs to the Democrat spending machine… and also to those cowardly-elephant Republicans pushing Bunning to drop his objection and just shut his pie hole. I’m thinking here of Minority “Leader” Mitch McConnell (R-KY, 80%) and Sen. Susan Collins (R-ME, 20%).

It’s particularly galling when powerful Republicans deliberately and with malice aforethought undercut the Tea Partiers’ powerful message of fiscal responsibility and spending restraint, just because an old man on the brink of retirement is foolish enough to take GOP talking points seriously.

To paraphrase the revolting mob of slaves in Sartacus, “I am Jim Bunning.” (Well, except younger, darker haired, and better looking. And not quite so cantankerous.)

Cross-posted on Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, March 2, 2010, at the time of 2:16 PM | Comments (2) | TrackBack

December 22, 2009

Pinky’s Puppies

I take as my thesis that the Senate Democrats, by voting unanimously for cloture on the ObamaCare bill (or PinkyCare, after Sen. Majority Leader Harry “Pinky” Reid, D-Caesar’s Palace, 70%), have made themselves very vulnerable in 2010 and 2012. I also take it that the more Republican the state, the more trouble that state’s incumbent Democratic senator is.

But how to quantify that vulnerability? Here is a first stab.

In the first table, I rank the Democratic Senate seats up for grabs in November 2010 and November 2012 in order of how Republican or Democratic the state is — based upon its vote in the presidential elections last year; a state that voted for John S. McCain makes a Democratic incumbent more vulnerable than a state that voted for Barack H. Obama; and a state that strongly voted for McCain makes the Democrat more vulnerable than a state that narrowly voted for the Arizonan.

(Note however that these are paper vulnerabilities that do not take into account the candidates’ skills at campaigning, debating, or the money he can raise for his run.)

In this first table:

1. The first column is the state;
2. The second is which presidential candidate got that state’s electoral votes (M for McCain or O for Obama);
3. The third is the margin of victory of the candidate in the second column;
4. The third is the name of the incumbent Democratic senator, if any;
5. The fourth is the Democratic voting percentage, as calculated by the Americans for Democratic Action… a higher number means a more partisan Democrat;
6. And the sixth column is the class of the senator, whether he is up for reelection in 2010 or in 2012.

The Democratic senators (and those running for an open Democratic seat) are listed from most vulnerable (Blanche Lincoln of Arkansas running next year) to least (Daniel Akaka of Hawaii, not running until 2012):

2010, 2012 Democrat Senate targets by vulnerability

ST	Pres	Marg	Senator’s name	Dem %	Class
AR	M	20	Blanche Lincoln	80%	10
NE	M	15	Ben Nelson	75%	12
WV	M	13	Robert Byrd	79%	12
ND	M	9	Byron Dorgan	95%	10
ND	M	9	Kent Conrad	90%	12
MT	M	2	Jon Tester	85%	12
MO	M	0	Claire McCaskill	84%	12
IN	O	1	Evan Bayh	70%	10
FL	O	3	Bill Nelson	95%	12
NM	O	4	Jeff Bingaman	100%	12
VA	O	6	Jim Webb	95%	12
CO	O	9	Michael Bennet	N/A	10
PA	O	10	Arlen Specter (as Dem)	N/A	10
PA	O	10	Bob Casey Jr.	90%	12
MN	O	10	Amy Klobuchar	100%	12
NV	O	13	Harry Reid	70%	10
WI	O	14	Herb Kohl	95%	12
WI	O	14	Russ Feingold	100%	10
NJ	O	15	Bob Menendez	100%	12
OH	O	15	Sherrod Brown	95%	12
OR	O	16	Ron Wyden	100%	10
MI	O	16	Debbie Stabenow	100%	12
WA	O	17	Patty Murray	100%	10
WA	O	17	Maria Cantwell	100%	12
CT	O	22	Chris Dodd	100%	10
CT	O	22	Joe Lieberman (Dem caucus)	85%	12
CA	O	24	Barbara Boxer	100%	10
CA	O	24	Dianne Feinstein	100%	12
DE	O	25	Ted Kaufman (open)	N/A	10
DE	O	25	Tom Carper	85%	12
MD	O	25	Barbara Mikulski	95%	10
MD	O	25	Ben Cardin	100%	12
IL	O	25	Roland Burris (open)	N/A	10
NY	O	27	Kirsten Gillibrand	N/A	10
NY	O	27	Chuck Schumer	100%	10
RI	O	28	Sheldon Whitehouse	90%	12
VT	O	37	Patrick Leahy	100%	10
VT	O	37	Bernie Sanders	100%	12
HI	O	45	Daniel Inouye	94%	10
HI	O	45	Daniel Akaka	100%	12

2012 is a long way off, but 2010 is just around the bend; correspondingly, this table is restricted to those Democratic seats up for reelection next November.

I added the current Rasmussen polling in the last column in place of the class (which is fixed at 2010 in this table). The polling number shown is the spread of Democrat over Republican; a -7 would mean the Democrat trails by 7%, while +2 would mean the Democrat leads by 2%.

When there are multiple GOP candidates, I picked the one who does best in the polling against the incumbent Democrat; that is the real vulnerability factor in the incumbent’s reelection. When there are multiple Democratic candidates, I report the polling of the incumbent. If there is no incumbent and multiple Democrats, I won’t post a number at all, because the dynamics are too complex:

2010 Democrat Senate targets by vulnerability
(with Rasmussen polling)

ST	Pres	Marg	Senator’s name	Vote %	Polling
AR	M	20	Blanche Lincoln	80%	– 7
ND	M	9	Byron Dorgan	95%	– 4
IN	O	1	Evan Bayh	70%	– 12
CO	O	9	Michael Bennet	N/A	– 9
PA	O	10	Arlen Specter (as Dem)	N/A	– 4
NV	O	13	Harry Reid	70%	– 6
WI	O	14	Russ Feingold	100%	N/A
OR	O	16	Ron Wyden	100%	N/A
WA	O	17	Patty Murray	100%	N/A
CT	O	22	Chris Dodd	100%	– 13
CA	O	24	Barbara Boxer	100%	+ 11
DE	O	25	Ted Kaufman (open)	N/A	N/A
MD	O	25	Barbara Mikulski	95%	N/A
IL	O	25	Roland Burris (open)	N/A	N/A
NY	O	27	Kirsten Gillibrand	N/A	N/A
NY	O	27	Chuck Schumer	100%	N/A
VT	O	37	Patrick Leahy	100%	N/A
HI	O	45	Daniel Inouye	94%	N/A

Note that only one race, California, shows the Democrat ahead; in all others, he or she trails the GOP.

The final table shows the 2012 Democrats up for reelection; this time, polling was not included because it’s meaningless this far out:

2012 Democrat Senate targets by vulnerability

ST	Pres	Marg	Senator’s name	Vote %
NE	M	15	Ben Nelson	75%
WV	M	13	Robert Byrd	79%
ND	M	9	Kent Conrad	90%
MT	M	2	Jon Tester	85%
MO	M	0	Claire McCaskill	84%
FL	O	3	Bill Nelson	95%
NM	O	4	Jeff Bingaman	100%
VA	O	6	Jim Webb	95%
PA	O	10	Bob Casey Jr.	90%
MN	O	10	Amy Klobuchar	100%
WI	O	14	Herb Kohl	95%
NJ	O	15	Bob Menendez	100%
OH	O	15	Sherrod Brown	95%
MI	O	16	Debbie Stabenow	100%
WA	O	17	Maria Cantwell	100%
CT	O	22	Joe Lieberman (Dem caucus)	85%
CA	O	24	Dianne Feinstein	100%
DE	O	25	Tom Carper	85%
MD	O	25	Ben Cardin	100%
RI	O	28	Sheldon Whitehouse	90%
VT	O	37	Bernie Sanders	100%
HI	O	45	Daniel Akaka	100%

I’ll be happy if this series of three tables allows readers to follow the vicissitudes of the political contests to come. If it allows the National Republican Senatorial Committee to focus its efforts on those Democratic “moderate” senators most vulnerable within their own states, I will be ecstatic.

Cross-posted on Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, December 22, 2009, at the time of 9:41 PM | Comments (0) | TrackBack

December 6, 2009

Does ObamaCare Teeter on the Brink of Collapse?

There are two possible explanations for President Barack H. Obama’s sudden rush to personally lobby and exhort senators to vote for ObamaCare:

• It’s scant days from passage, and Obama wants to be there for the kill;
• Or just the opposite: The fragile coalition is breaking apart, and this is a last, desperate lunge for the brass ring, as Obama topples off the painted, wooden horse.

I vote for the latter, as the former doesn’t match the observed facts:

Democrats met throughout yesterday to seek an alternative to Senate Majority Harry Reid’s plan to create the new national program to cover the uninsured. Opposition within his party leaves Reid at risk of falling four votes short of the 60 he needs to pass the legislation, the most sweeping overhaul of the nation’s health-care system in more than four decades.

Four is a lot more than opponents need to kill the bill at the next cloture vote. And if there are four, more will probably jump aboard the bandwagon; any senator worried about reelection in 2010 or 2012 because his state is more conservative than he (that’s a lot more than the usual formulation) would probably take advantage of a “free roll” to pander to the moderates. If the bill is already going down on a cloture vote anyway, it doesn’t matter under the rules whether it falls four votes short — or nine.

And the fissures are the same as they ever were: abortion, the public option, taxes, the looting of Medicare, and health-care rationing. As an example of the last, here’s news about how the bill Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 70%) introduced in the Senate guts home health-care:

Republicans, unified in opposition, forced the Democrats yesterday to reiterate their support for cutting more than $40 billion in home health-care services funding under Medicare. It was the latest Republican effort to highlight the bill’s potential impact on the elderly….

The Senate also turned back a Republican bid to restore the home health services funding. The Republicans are trying to draw attention to the impact on the elderly from some $400 billion in proposed Medicare savings.

To boil it down, if Bloomberg is to be believed, Reid has made no progress whatsoever on persuading opponents, including some Democrats who voted to start debate, to come over to the dark side. Nobody has budged yet.

Therefore, if the Obamacle is personally involved at this late date, the only explanation that jibes with the facts is that his hands-off approach, leaving it to the Senate Democratic leadership, has not worked. But with Obama’s own lagging poll numbers, he really hasn’t the clout to bully the wavering into voting for ObamaCare: The more he tightens his grip, the more star systems will slip through his fingers.

If the Senate passes anything this year, it will be after an “amendment” jacks up the title and runs a whole new bill underneath… one that does little more than what the conservatives and moderates demand. Such a bill would be supported by Republicans, red-state Democrats, and even some leftist Democrats who cannot face the humiliation of returning to Berkeley or Austin or Manhattan empty handed; it would pass with well over 60 votes.

Barack Obama has managed the nearly impossible: After less than a year in office, he has already transformed himself into a lame duck.

Cross-posted on Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, December 6, 2009, at the time of 4:10 PM | Comments (2) | TrackBack

December 2, 2009

I Have a Dream…

Dear American Left;

Can we all agree on one result of the debate over ObamaCare, the latest attempt to wrench the United States over to the failed national health systems of Europe?

Can’t we sign some kind of Medical Contract with America that:

• After we voters rise up in fear and fury over the attempt to cripple our medical care, push doctors out of the business, and (to further insult us) make us pay more for degraded medical service;
• After ObamaCare is squelched in the next cloture vote;
• After many of those who voted for it (or to “move the process forward”) find themselves pressing the flesh… not looking for votes but looking for a new job;
• After Barack H. Obama takes the big political hit, turning him into a lame duck halfway through his first (and only) term…
• After fear, uncertainty, doubt, and destruction of the very liberals who pushed it — you guys…

After all those negative consequences for you, personally, not just this time but the last time as well (HillaryCare), can’t we simply make a pact that — we never, ever have to go through this again? Aren’t two devastating defeats for medical Socialism in just fifteen years enough to put a stake through the heart of this leftist utopian scheme?

Please?

It can’t possibly be good for America’s health to raise everybody’s blood pressure and anxiety level every few years. Give us a break; just leave it alone.

Thanks,

Dafydd ab Hugh
Consarned citizen

Hatched by Dafydd on this day, December 2, 2009, at the time of 5:42 PM | Comments (0) | TrackBack

November 21, 2009

Don’t Have a Seizure Over the ObamaCare Cloture Vote…

…You’d only have to rely upon ObamaCare to cure you!

This post by John Hinderaker at Power Line is fairly typical of what I’ve been reading:

Mary Landrieu announced today that she will vote for cloture on the Democrats’ government medicine bill tonight. The Democrats now have 60 votes and will be able to pass their version of government medicine.

By great good forture, this is a cross between a crocodile and an abalone *: All that this means is that the Democrats have sufficient votes to invoke cloture on beginning the debate on ObamaCare; it does not imply they will have the votes to end debate and actually vote:

Senate Democrats said they had clinched the votes needed on Saturday to propel major health care legislation to the floor for weeks of full debate, as the majority party’s two last holdouts said that they would not block consideration of President Obama’s top domestic initiative.

Some Democrats and one of the two Independents (Sen. Joe Lieberman, I-CT, 85% Democrat) have committed only to the former and not the latter; Lieberman has emphatically stated that unless there are very significant changes, he will not vote for cloture to end debate and vote.

UPDATE from Politico:

“I believe it is going to be very clear at some point very soon that there are not 60 votes for the current provision in the bill and that the leader and the leadership will have to make a decision, and I trust they will figure out how to do that,” Landrieu said….

Two of those planning to vote yes today – Sen. Ben Nelson (D-Neb.) and Sen. Joseph Lieberman (I-Conn.) have already said they’d join a filibuster of the bill, Nelson to strengthen its abortion restrictions and Lieberman to stop the public option. Lieberman has said he believes other Democrats would do the same, though none warned of that in remarks Saturday.

Landrieu announced her vote earlier in the day. “My vote today to move forward on this important debate should in no way to be construed as . . .an indication of how I might vote as this debate comes to an end,” she warned. “It is a vote to move forward. … But much more work needs to be done.”

That should make it quite clear what today’s vote means — and what it does not mean.

It was practically a foregone conclusion that the Democrats would get enough votes to start the debate; even if a Democrat or Indie planned all along to vote against cloture at the end, thus not allowing it to come to an up-or-down final vote (that the Democrats would be guaranteed to win), he would almost certainly vote to begin the debate: Not to do so would make him look utterly intransigent. A Republican can get away with that because the bill is so lopsidedly partisan, but a Democrat has to seem more open to its consideration.

Everything now depends upon the debate itself — in particular, which amendments are passed and which voted down. I’m still confident that if the liberals manage to retain any of the following in the final bill:

• Abortion funding
• The new marriage penalty, encouraging Americans to shack up instead
• The massive, unprecedented tax increases during a recession and with double-digit unemployment
• The half-trillion dollar raid on Medicare
• The obvious rationing of medical care (already starting with the heavy hand of the government stopping doctors from advising mammograms for women aged 40-50)
• The legal mandate to buy expensive health insurance (with those who refuse facing prison time yet!)
• Or of course the public option that will simply detonate all private health insurance

…Then several so-called “Blue Dog” Democrats (plus Joe Lieberman) will revisit the question of cloture at the end.

Be of good cheer; this isn’t the end of the fight but only the beginning. If the Republicans can stay unified, then we will only need one, single senator who supports cloture today to oppose it at the end, and we will have stopped this dreadful monstrosity.

And even if they all hold firm, and PinkyCare passes the Senate — it still must be reconciled with the House version, and that too will be subject to cloture requiring 60 votes.

Finally, I am nowhere near as pessimistic as others on the inevitability of some version of ObamaCare being implemented, even if it passes both chambers and is signed by the president. If the Republicans can take over even a single chamber — a possibility made much more likely by the passage of a staggering tax, the looting of Medicare, and looming medical-care rationing — then the GOP can stop the actual implementation of ObamaCare simply by refusing to fund it… and that cannot even be vetoed by Barack H. Obama, because it would be a negative act: They can fail to vote for funding, and that effectively kills it. (In fact, Republicans can even run on a “reverse the vote!’ platform.)

So put on your manly gown, gird your loins, and pull up your socks; we still have many bites left at the apple, quite a few more chances to strangle this serpent in the grass. Stopping debate from beginning was always the least likely of all possible ways to kill ObamaCare.

Man up — we’ve still got a fight on our hands!

 

* A “crockabalone,” of course!

Hatched by Dafydd on this day, November 21, 2009, at the time of 3:03 PM | Comments (10) | TrackBack

November 20, 2009

Maritalphobic Democrats Strike Again!

Generally we use the “Matrimonial Madness” category for discussions of same-sex marriage; but not this time. Today, in a bolt from the blue (staters), the Senate Democrats have snuck a ringer into Majority Leader Harry “Pinky” Reid’s (D-NV, 70%) version of ObamaCare… they created a new tax with a nasty “marriage penalty” to punish dopes who actually tie the knot, instead of simply living together (evidently the Democrat preferred option):

Senate Democrats’ health care bill would create a new marriage penalty by imposing a tax on individuals who make $200,000 annually but hitting married couples making just $50,000 more….

“Yes, this structure can create a ‘marriage penalty’ for some couples. It also creates a ‘marriage bonus’ for others,” [Jim Manley, a Reid spokesman] said. “A married couple with one wage earner can earn up to $250,000 without facing this higher tax, whereas a single person in the same job with the same pay would be hit by it.”

But a married couple in which each earner makes $150,000 would be hit with the tax, whereas an unmarried couple living together with the same incomes would not.

Ryan Ellis, tax policy director at Americans for Tax Reform, said the new marriage penalty comes on top of an existing one that’s always been part of the payroll tax, which funds Social Security and Medicare.

Say what they will, it appears that Democrats simply cannot abide the institution of marriage. They seek to destroy it any way they can:

• “No-fault” divorce;
• Enacting adoption laws that don’t “discriminate” against unmarried adoptive parents;
• Altering the very definition of marriage willy-nilly;
• And now by heavily taxing marriage — but not shacking up.

Senate Minority Leader Mitch McConnell (R-KY, 80%) is beside himself:

“If you have insurance, you get taxed. If you don’t have insurance, you get taxed. If you need a life-saving medical device, you get taxed. If you need prescription medicines, you get taxed,” said Senate Minority Leader Mitch McConnell, Kentucky Republican, who is leading the fight against the bill.

And now, if you get married, you get taxed.

But it’s not just marriage that Democrats hate and fear; they also despise patients who want to control their own medical care:

Several relatively small tax increases will be aimed at health savings accounts and medical savings accounts. One will change the definitions for medical expenses that qualify as itemized deductions. Another will raise the penalties for withdrawing funds from these vehicles. A third would limit health-related flexible spending arrangements.

“All of these changes are designed to make health savings accounts less attractive and cripple consumer-directed health care plans,” said Michael Cannon, director of Health Policy Studies at the Cato Institute. Altogether, they would raise about $20 billion through 2019.

Take that, you villains trying to decrease your own health-insurance premiums via MSAs and catastrophic care! We can add a couple more to McConnell’s collection: If you have an expensive health-insurance plan, you get taxed. If you have a cheap health-insurance plan… you get taxed.

Liberals and Democrats: They’re nothing if not consistent in their hatred of every traditional American virtue, from self-reliance to traditional marriage to fiscal sobriety to self-defense to American exceptionalism.

Say… let’s put them in charge of all energy production, all financial transactions, defending the nation against the Iran/al-Qaeda axis, and the medical care of every individual American. What could possibly go wrong?

Hatched by Dafydd on this day, November 20, 2009, at the time of 4:52 AM | Comments (2) | TrackBack

November 11, 2009

Zombie Revolution

I generally take holy days — sorry, holidays — as an opportunity for posts of a more philosophical nature, and today is no exception.

Walter Williams, one of my favorite authors (though I haven’t read his recent books), has a column in which he notes the contempt that Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 100%) holds for the United States Constitution, insofar as it might limit her power to rule over the rest of us:

At Speaker Nancy Pelosi’s Oct. 29th press conference, a CNS News reporter asked, “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?” Speaker Pelosi responded, “Are you serious? Are you serious?” The reporter said, “Yes, yes, I am.” Not responding further, Pelosi shook her head and took a question from another reporter. Later on, Pelosi’s press spokesman Nadeam Elshami told CNSNews.com about its question regarding constitutional authority mandating that individual Americans buy health insurance. “You can put this on the record. That is not a serious question. That is not a serious question.”

He notes that it’s not just Democrats but Republicans and Independents in Congress who by and large dismiss constitutional limitations on their power as unserious questions. I made a similar point in a recent e-mail I sent to our e-steamed co-conspirator, Brad Linaweaver; in response to a question he asked — how in the world a military base like Fort Hood became a “gun-free zone,” in which American soldiers were as helpless as high-school children against a lone man with a pair of gats — I responded with a description but not an explanation:

There is something terribly wrong when a country of free men and women doesn’t even trust its own soldiers to carry firearms. As I said in that 37-part phone message I left you, we’re going through a period of retrenchment of government a la 1912 or 1932; it began sometime in the term of George H.W. Bush, continued through Clinton and Bush-43, and is now hitting it’s apex — I hope! — in Barack H. Obama and Obamunism.

But as you can see, I begged Brad’s question: Why do we periodically go through such “periods of retrenchment of government?” Why is it, as Williams says in his column, that “mankind’s standard fare throughout his history, and in most places today, is arbitrary control and abuse by government?”

I hearken back to my second novel, Warriorwards (Baen Books, 1990), when I first began groping for an explanation. What I came to realize is this: Being a slave is tremendously attractive to most people in the world at most times of history.

The primary advantage of being a slave is complete absolution from any responsibility for one’s own life; the slavemaster makes all decisions — and he alone can be held accountable for one’s life, health, and well-being. As absurd as it sounds stated so baldly, most people would rather die than take responsibility for living.

Think how many opportunities “we” — the universal we; I don’t mean every reader of this blogpost or its author) — how many opportunities “we” seize to divest ourselves of responsibility for thinking for ourselves:

• Some give their lives to God, allowing the Bible, the Koran, a guru, the tarot, or a funny-colored crystal to think for them.
• Some rigidly follow an injudiciously chosen creed, doctrine, or ideology wherever it leads.
• A great many learn what they believe from their parents — either slavish devotion to their familial beliefs, or childish rebellion against.
• Others succumb to peer pressure, doing and believing whatever their friends do and believe.
• Many blindly obey the law without ever thinking, “What if the law is wrong?” They are the “good Germans.”
• Millions emulate celebrities.
• Tens of millions accept the worldview given us by CBS, Fox News, TV Land, or Lifetime.
• An unknown but very large number mold their lives to resemble the fictional escapades of movie heroes, sitcom stars, rap lyrics, or videogame characters.
• And many abdicate even the pitiful responsibilty of playing Follow the Leader by living drunken, drugged, dissolute lives — “out on a leave of absence from any resemblance to reality,” as John Hiatt put it in “the Tiki Bar Is Open.”

These “lifestyle choices” all have one thing in common: They remove responsibility for making decisions. Adherents needn’t ask what to do; somebody else will tell them. The only duty imposed upon the great majority of hypnotized souls is to sit quietly in the dark and wait for instructions.

This is as true in free nations as much as in obvious totalitarian tyrannies; the only difference is whether the State allows the handful of dissenters, who always exist, to practice their abominations openly; or whether they must practice their self-abuse — thinking for themselves — as a solitary vice.

Of course, a nation doesn’t need a majority of its citizens accepting responsibility for their own lives in order to create a government tolerant of liberty… else no nation would ever be free. A vocal and powerful minority is generally all that is required.

But even that much is hard to maintain! In how many countries of the world is a powerful minority voice raised against tribalism, theocracy, plutocracy, socialism, racism (for real, I mean, rejecting all racial preference), and every other “ism” which human beings use to dodge the horror of thinking for ourselves? I’ll bet you couldn’t find more than five such countries today — and some would argue that the true number is zero. I’m not sure I can refute them.

I personally hated childhood: I hated being told what to do — not just because I sometimes didn’t get to do stupid things, but even when the prohibition was rational; I just didn’t like other people doing my thinking for me. But this may well have been influenced by my less-than-secure childhood.

I don’t know how I would have turned out had my father been a benevolent despot, a man I could respect. I might have ended up as servile as Nancy Pelosi’s constituents.

The reality for me was that the Grand Bargain, in which we trade liberty for security, was no bargain; it was so obviously not a bargain in my childhood that I never developed the knee-jerk acceptance of Authority that is the natural state of Man.

I have never looked into the question, but I wonder what percent of those who actually fight for liberty against their own leaders grew up in similarly unpleasant circumstances. I have great respect for those who fight for their country on behalf of their leaders; but it takes a powerful ideology of liberty — not to mention huevos gigantescos — to do as our forebears did in the Revolutionary War: Take up arms against one’s own country when it has become a thing of loathsome tyranny.

Look, I have nothing against Tea-Partiers; they’re nice, and they might even help Republicans against Democrats (and help fiscal conservatives against socialist Republicans). But let’s face facts: The main reason so many people attend Tea Parties is to socialize, the same reason most Marxists, churchgoers, and Freemasons attend their own gatherings. Folks like to hang out with the like-minded, chatter and gossip, sing group-affirming songs, and in general have a holiday (and I don’t mean holy day this time) with their friends.

George Washington, John Adams, Thomas Jefferson, and Benjamin Franklin did not fight for the first (and only) revolution for liberty in order to picnic and hook up with girls.

So the real answer to Brad’s question is a sad answer: Left unchecked, government grows and metastasizes like a cancer because that’s what “we the people” want it to do. (Not every individual, but a sizable majority of them.) For most folks, slavery is a very attractive prospect; the real outrage comes only when they trade away their liberty for the promise of security — and the promise is broken.

I think that is why support for President Barack H. Obama has collapsed so thoroughly. Rhetoric aside, had he actually delivered on his promise to infantalize Americans and then suckle and comfort them like babies, I don’t think he would be in as much political hot water. It was only when it became clear that he had no intention of protecting us from the vicissitudes of life that opposition swelled in a tidal wave of anger and political action.

As Benjamin Franklin famously wrote (in his Historical Review of Pennsylvania, 1759), “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” I believe this to be true, but it’s an ineffective way of educating the great majority of people. It’s a moral argument, and folks tend to tune those out (they hear so many, each contradicting the other). If they were the type to analyze moral arguments and logically pick one, they wouldn’t need this advice in the first place!

I’ve come to believe that for most, morality flows from habit; and habit is driven by necessity. You get more traction arguing from necessity, practicality, the argument from empiricism, than telling people what they should do or what they deserve to get.

The best argument for liberty, then, is not to try to persuade people that liberty is better, finer, more advanced, or more godly than slavery — but to convince them that slavery doesn’t work. So long as people think they really can trade a great deal of essential liberty for a little temporary safety, most will seize the opportunity and thank the tyrant heartily.

The task for those of us who reject the Grand Bargain even in principle is to make all the zombies realize that such a deal always, always, always falls apart in practice. The ghouls who offer it never intend to fulfill their side of the bargain; their only goal is to lull us into a false sense of security, so they can loot us of everything we think we own.

If you see an ad offering a cherry 2008 Porsche 911 Carrera for $5,000, don’t bother answering it; you know going in it’s a fraud, because nobody would offer so much car for so little money.

Just so, when the One says to give him complete control over your health care, and he guarantees you’ll get all the medical treatment you want for less than you’re paying now — or he says that we’ll have more and cheaper energy if we pass his cripple and tax bill — or he says workers will have more freedom to choose the union they want (or no union at all) if we take away the secret ballot… well, he’s offering you a Carrera for five grand.

Once a person accepts the argument from empiricism, he will be forced to begin thinking for himself, because he can’t trust others to have his own interests at heart. He rightly recognizes that each throne or power has its own interests at heart. Such thinking will grow into a habit; then and only then will habit give rise to a moral imperative.

Thank reason that the president’s governing policy of Obamunism is so ham-fisted and clumsy that even the lowliest zombie is starting to wake from his thanatotic sleep. Let’s hope he doesn’t roll over and hit the snooze button once more.

Cross-posted to Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, November 11, 2009, at the time of 5:36 PM | Comments (3) | TrackBack

November 7, 2009

Only One GOPsmacked Fool!

Today, the House of Representatives passed the aptly named SqueakerCare bill… “aptly named” for two reasons:

• It was introduced, and the favorable vote extorted, by Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 100%);
• It squeaked by with 220 Ayes to 215 Nays… 218 being the bare minimum needed for passage.

The bill stalled out until Pelosi was forced to allow a vote on the Stupak Amendment, which stripped funding for abortions from the bill (possibly); that amendment prevailed by 240-194 — much stronger support than for SqueakerCare itself. This may not be the last word on the abortion issue, however:

Democrats were forced to make major concessions on insurance coverage for abortions to attract the final votes to secure passage, a wrenching compromise for the numerous abortion-rights advocates in their ranks.

Many of them hope to make changes to the amendment during negotiations with the Senate, which will now become the main battleground in the health care fight as Democrats there ready their own bill for what is likely to be extensive floor debate.

No word in either the New York Times article or the AP article on whether there was any resolution of the controversy over covering illegal aliens.

(The Republican plan was dismissed by Democrats — even the Blue Dogs — in a near party-line vote; only Rep. Tim Johnson, RINO-IL, 68% crossed party lines to vote against the GOP substitute health-care reform plan.)

Every dog has his silver lining, and the bright spot of this bill was that out of 177 Republicans voting (I think that’s all of them), the total number who voted for SqueakerCare was… one: Rep. Joseph Cao (R-LA, not yet rated). By contrast, 39 Democrats voted against the bill, with 219 in favor, of course.

That means Republican defectors did not hand the Democrats the victory, as I had feared they might; it would still have passed without the vote of the sacred Cao. Thank goodness for pitifully small favors!

Amusingly, one Democrat who voted for the bill was newly minted Rep. Bill Owens (D-NY, not yet rated)… despite the fact that the bill contains numerous provisions that Owens swore during his election campaign he would never support. It took Owens all of eleven hours and sixteen minutes to toss those promises into the dustbin of liberalism.

I’m certain that Conservative (and soon to be Republican) candidate Doug Hoffman is cataloging all such InstaLies for his rematch next year.

Cross-posted to Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, November 7, 2009, at the time of 11:37 PM | Comments (1) | TrackBack

November 6, 2009

Squirmer of the House Nancy Pelosi Doesn’t Have the Votes… Yet

I picture Speaker of the House Nancy Pelosi (D-Haight-Ashbury, 100%) writhing and twisting in frustration; with all those Democrats, surely she can scrape together 218 to vote for SqueakerCare!

Surely not, at least not yet:

House Democrats acknowledged they don’t yet have the votes to pass a sweeping overhaul of the nation’s health care system, and signaled they may push back the vote until Sunday or early next week.

Majority Leader Steny Hoyer, D-Md., told reporters in a conference call Friday that the make-or-break vote on President Barack Obama’s push to make health coverage part of the social safety net could face delay. Democrats were originally hoping to pass the bill on Saturday_and officially, that’s still the plan….

Hoyer acknowledged that Democrats are still short of the 218 votes they need to pass the bill. “There are many people who are still trying to get a comfort level that this is the right thing to do,” he said. “We’re very close.”

So what’s the hold up? Yep, the same old overreaching — our secret weapon against the Left! Evidently, Democrats still can’t agree on coverage for abortions and of illegal immigrants:

But Democrats have yet to resolve a intraparty disputes over abortion funding and illegal immigrants’ access to medical coverage. They cleared one hurdle Friday when liberals supporting a government-run Medicare-for-all system withdrew their demand for a floor vote.

Translation: some Democrats demand SqueakerCare pay for abortions — and demand it cover illegal aliens. If there was no power faction insisting on such coverage, it would be easy to insert language banning it.

Here’s a point that hasn’t gotten enough coverage, I think: La Casa Blanca has endorsed the House version of the bill; which means that President Barack H. Obama has formally renounced his earlier pledge to keep the cost below $900 billion over ten years. Even by the Congressional Budget Office’s reckoning, SqueakerCare would cost $1.2 trillion; and the CBO is obliged to accept all the economic premises of Congress, however ludicrous they may be… for example, that Congress will be able to loot half a trillion dollars from Medicare, that they’ll be able to raise vast taxes in an election year, that those taxes won’t cause a recession, and so forth.

Evidently, each and every solemn oath that eructates from the Obamacle’s mouth is what Mary Poppins would call a “pie-crust promise: easily made and easily broken.”

Anent the abortion and illegal immigrant controversies, Democrats have run straight into the fundamental buzzsaw of nationalizing health care: There are many things that a private company can do but the government cannot. So what happens under liberal fascism, where the federal government takes control of the private sector? Here is the dilemma in a nuthouse:

1. A private insurance company in a Capitalist system can offer coverage for abortions if it chooses; a great many do so.
2. A private company can choose not to demand proof of legal residency before insuring a subscriber; many insurance companies follow this route.
3. But when the federal government operates its own insurance plan — and especially when it rigs the game to force more and more people into that government plan — then there are only two options for those particularly controversial issues:
   1. The government plan can cover them; in which case you have the federal government funding abortion and paying for coverage of illegal aliens;
   2. Or the government plan can refuse to cover them; in which case, hundreds of thousands of women forced into the government plan can no longer get their insurance to pay for their abortions; and millions of illegal aliens will lose the insurance they currently pay for and rely upon.

Thus in the House and Senate, either you have moderate Democrats up in arms about federally funded abortions and a free health-care ride for illegals — in which case the bill goes up in smoke, because there are too many Blue Dogs to ignore; or else fewer women get abortions and fewer illegals get medical insurance — and the ultra-liberal mainstream of the Democratic Party jumps ship, leaving the bill in even worse trouble.

The only solution would be to bribe three or four Blue Dogs to go ahead and vote for the bill, knowing they will likely lose their seats in 2010. For example, the One can offer lucrative positions in the administration to any Democrat who loses reelection next year; or the Democratic leadership can offer specific Blue Dogs powerful committee chairmanships if they betray their constituents — plus a ton of campaign cash in 2010, in both the primary and the general elections.

I assume that’s what is going on; and Squeaker Pelosi’s insistance that she will have the votes represents her certainty that at least that many moderate Democrats are eager to be bribed.

But the fact that she does not yet have the votes indicates either that they’re holding out for a super-duper bribe… or else that Pelosi’s fundamental axiom — that all Democrats are enthusiastic participants in the Democratic culture of corruption — is a misapprehension based upon projecting her own ethos onto other people.

The next few days will tell us which. Since we’re talking about Democrats, I suspect the Squeaker’s scheme will ultimately bear fruit; she’ll find three or four Blue Dogs corrupt enough to accept money and power in exchange for selling their constituents down the river. But I’m always open to persuasion by hard data.

Cross-posted on Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, November 6, 2009, at the time of 3:42 PM | Comments (0) | TrackBack

September 11, 2009

“Reconciliation!” Gushes The Hill

It’s an article remarkable for its straightforward boosterism of the most extreme congressional tactic Democrats might use to pass ObamaCare.

Today in the Hill — the largest circulation newspaper written for (and about) Congress — we read an article (bylined Sam Youngman) that is so enthusiastic about the mounting likelihood that Democrats will try to pass ObamaCare by abusing the reconciliation process, bypassing the Byrd Rule, that — well, as the title of this post says, the paper positively gushes over the prospect:

By offering Republicans olive branches during his address to Congress on Wednesday, Obama has set up a win-win situation. If GOP lawmakers embrace compromise [by which Youngman means “surrender” — DaH], a healthcare bill would pass Congress easily. But the more likely scenario is that Republicans will continue to oppose Obama’s plan, and the president later this fall will be able to note he tried to strike a deal with the GOP but could not.

Darn Republicans, refusing to compromise on their “principles” even for the sake of the president! But hey, at least he tried.

Republicans contend that the use of reconciliation would be at odds with Obama’s call for bipartisanship during his 2008 presidential campaign. But Obama has countered that argument in recent days by forcefully resurrecting the anti-Washington rhetoric that got him elected.

He’s winning — he’s winning — he countered their argument!

“The time for bickering is over. The time for games has passed,” Obama said. “Now is the season for action.”

And there’s the rallying cry, baldly stated without comment. Why not go whole hog? Liberté, égalité, fraternité!

The Hill notes not a single substantive reason why reconciliation should not be used in this case; but there are several, as everyone at the paper knows well:

• It’s supposed to be used for noncontroversial changes made to programs to keep them within the bounds set by the budget resolution. But ObamaCare is a wildly controversial, radical rewrite of the entire American health-care system
• On a related argument, it’s unprecedented to use the reconciliation process to establish a huge new government agency — or series of agencies. That’s not what it’s for at all, at all.

• It’s not to be used for programs that will add more to the deficit that what is already accounted for in the current budget resolution, which calls for deficit neutral health-care reform; but the non-partisan Congressional Budget Office (CBO) and even estimates by the administration of President Barack H. Obama have admitted that it’s likely to add hundreds of billions to more than a trillion dollars to the ten-year deficit. (Obama now says it won’t, but that doesn’t change the fact that the CBO says it will.)

  Unless the budget resolution instructs the committees to bankrupt the nation, that violates at least two tests of the Byrd Rule prohibiting using reconciliation to sneak budget-busting bills through the Senate without allowing a filibuster.

• Almost certainly, the combination of Republicans and moderate to conservative Democrats will force a promise from the leadership in both chambers not to use reconciliation to radicalize the program beyond what was sent them. Thus the leadership would have to brazenly deceive its own party members, as well as the opposition, and lie like a dead mongoose as it makes promises it has no intention of keeping.
• Its use would require a ruling by the Senate parliamentarian that was utterly mendacious: He would have to rule that none of the above was true, knowing his own ruling was as false as a Bernie Madoff investment. Either that, or the Presiding Officer would have to tell the Parliamentarian to go fly a hike on a short pier; then the P.O. just rules however the Democrats want.

Yet the only argument against the reconciliation jam-down that The Hill prints is the feeble, amorphous claim that it would be “at odds with Obama’s call for bipartisanship during his 2008 presidential campaign,” which call everyone and his unkey’s moncle knows is “no longer operative,” as a previous liberal president’s aides were fond of saying. The Hill, in other words, is not-so-subtlely implying that (a) the GOP is the only group on Capitol Hill that opposes the idea of abusing reconciliation, and (b) that they have no substantive argument whatsoever against it.

This is a classic technique of supporting one side while paying lip service to bilateralism: “It’s not our fault that Republicans have nothing to say in their own defense (that we see fit to print).”

If anyone still thinks The Hill is just telling it like it is, they tip their hand with this one-sentence graf:

Rep. Joe Wilson’s (R-S.C.) outburst on Wednesday was an unexpected gift to the White House, accentuating Obama’s point that bitter politics is getting in the way of improving the healthcare of Americans.

Let’s review the bidding:

• Obama said that the government plan would not apply to illegal immigrants.
• But Wilson (R-SC, 92%) remembers well how he and his Republican colleagues in the House tried several times to enact provisions to ensure that only legal residents received the benefits of the government plan.
• But House Democrats shot down each and every attempt. So now there is no way, in the House plan that Obama supports, to distinguish or discriminate between those here legally and those here illegally: The Democrats closed off all avenues of enforcement.
• Thus it is a certainty that illegal immigrants will receive health-care benefits from the government plan, and probably (by law) from all approved private plans as well, if those plans are restricted to the same screening process as the government plan
.
• And it’s also a certainty that the president himself knows this. He is certainly keeping close tabs on the progress of ObamaCare through Congress.
• Thus, regardless of whether it was impudent of Rep. Wilson to point it out during the speech, Barack Obama is, in fact, lying when he says the plan won’t cover illegal immigrants; Joe Wilson was rude but right.

The Hill could have noted this rather important point, since it saw fit to bring up Wilson’s cri de coeur in the first place; the newspaper, too, could not possibly be unaware of the House Democrats’ actions. Yet it failed even to mention Wilson’s side, as if he had none and was simply an unruly child making a big noise.

More gushing and ardent support:

The president also said that the White House has made every effort to include Republicans and their ideas in the process, but blamed “unyielding partisanship” for the absence of compromise.

“Part of the frustration I have is, is that on the Republican side there are wonderful people who really operated on the basis of pragmatism and common sense and getting things done,” Obama said. “Those voices have been — been, I think, shouted down on that side.”

The Hill allows Republicans no defense; had they done so, the GOP — and Democrats who don’t call themselves “progressives,” the forgotten members of the anti-ObamaCare alliance — might have invoked principle as a reason to go against the popular will… even if ObamaCare were according to the popular will, which polling indicates is actually just a liberal fantasy and Obamic talking point.

Pragmatically speaking, we could nationalize all the industries in the United States, sell them to foreign investors, and use the proceeds to mail checks to everyone below the poverty line; it’s just common sense! But it would still be a monstrous evil, because of the vital principle of property rights.

And that is one of the very same principles opposing ObamaCare: It would force all responsible Americans to pay a great price in order to benefit a bunch of irresponsible dopes who don’t want to buy health insurance, even though they can well afford it… yet who expect still to be given medical treatment if they fall ill or injure themselves. (And pragmatically speaking, their expectation is reasonable, because we’ve always done so and probably always will.)

But besides property rights, there is also the principle of liberty: People should have the greatest freedom possible within the constrains of living in a society. Even when a problem exists that can only be solved with some degree of collectivism — for example, those born with pre-existing medical infirmities, such as a congenital heart defect, that would prevent them from being able to buy medical insurance — the collectivist policy we pursue should be the one that least interferes with the market, allowing the greatest number of Americans to keep as much freedom of choice as possible.

In this case, liberty demands that we either subsidize those deserving unfortunates, or else create an “assigned risk” pool, from which every insurer must accept some money-losing bad risks; rather than radically recreate the entire system with the government controlled (and ultimately government run) scheme of ObamaCare.

But again, The Hill is uninterested in any principled arguments that opponents of ObamaCare care to make; the time for bickering and game-playing is over… we need action, action, action! Pragmatic common sense dictates that we need to get things done.

The president went so far as to warn Republicans that he “will not waste time with those who have made the calculation that it’s better politics to kill this plan than improve it.”

No comment; I mean that The Hill offers “no comment” on the One’s angry dismissal of any dissent to his plan as mere dog-in-the-manger partisanship. The article doesn’t even mention another article in Wednesday’s The Hill, in which House Minority Leader John Boehner (R-OH, 92%) says Obama has refused even to meet with Republicans on health-care reform since April:

Boehner told reporters that the president has not invited House GOP leaders to the White House for meetings on healthcare reform since the end of April.

Earlier this year, GOP leaders sent a letter to the president in May stating that they would like to work with the administration to find “common ground” on healthcare reform.

But the administration responded with a tersely worded letter indicating that they had healthcare reform under control.

How might that comport with Obama’s accusation that the GOP “have made the calculation that it’s better politics to kill this plan than improve it?” The article not only doesn’t essay an answer, it doesn’t even trouble to raise the question.

But to the fair to the article, it does make one weak-tea attempt to allow Republicans to speak for themselves, rather than be interpreted (into nonexistence) by the president. I’m certain it’s only the vicissitudes of fate that the GOP side is relegated to the last two paragraphs of the article:

Republicans, predictably wary of Obama’s maneuvering, said if Obama is setting up a defense of reconciliation, it will do little to blunt the blowback from both Congress and the American people.

“If Democrats use controversial insider tactics to force a proposal that the majority of Americans disagree with, not only would they guarantee bipartisan opposition, but they would also spark a new level of outrage among a huge majority of people in this country,” said a Senate Republican leadership aide.

The same has been said by numerous prominent Republicans who would be only too happy to be named. But I reckon it’s easier to dismiss an “anonymous” warning. (Actually, we don’t even know whether the aide demanded anonymity; that might have been entirely the decision of the putative journalist, Sam Youngman.)

All in all, this is a disgraceful performance from a newspaper I’ve always held in high regard. Alas, The Hill is just another casualty in the “progressive” Kulturkampf, where every least element of life must be politicized and partisan-ized. In particular, all sources of information and argument must be squeezed through a totalitarian tunnel, filtering out all opposition thoughts and words, silencing one side and then claiming they have nothing to say.

Or as Robert Anton Wilson wrote once, channeling Lemuel Gulliver:

In other words, “Shut up,” he explained.

Hatched by Dafydd on this day, September 11, 2009, at the time of 5:08 PM | Comments (3) | TrackBack

As the Byrd Rule Flies: Why Dems Can’t Use Reconciliation to Pass Radical ObamaCare

…Unless they’re willing to immolate themselves in the process — and probably lose the fight anyway.

Everybody is now slinging around the term “reconciliation process,” but I think most of us don’t really understand what the heck that means — other than a sneaky way to pass ObamaCare without having to break a Republican filibuster. So as a public service to all and none, I spent several hours figuring it out. Perhaps you can spend a few minutes reading this post and have at least the gist of it. (Because “the gist” is all that I was able to comprehend in those several hours!)

Note: I am not a lawyer; I may be completely, laughably wrong. If I am, I hope some reader who is a lawyer will comment, and I’ll correct any errors. Thanks.

The first question to ask is, what is the budget reconciliation process anyway? It’s an optional, speeded-up process to bring spending on federal programs (current or those being created by new legislation) into line — to reconcile expenditures — with the current budget resolution (typically one of the first substantive bills passed each year); current and future programs cannot spend more than the budget resolution allows, so they must be changed to conform to it whenever the budget resolution changes or when programs start costing significantly more than anticipated.

The primary purpose of reconciliation is to reduce the budget deficit, though it has sometimes been used to change programs in ways that increased the deficit instead. Still, that is it’s supposed purpose.

Congress can skip reconciliation and just pass bills normally; or it can skip passing them normally and use the reocnciliation process instead; they’re two different paths to enacting legislation.

When Congress uses reconciliation, rather than the normal process, the final bill is considered on a “expedited” basis: limited debate, restrictions on amendments (they must be “germane”), and in the Senate, no filibusters allowed. But in exchange, there are strict rules on what can and cannot be added into a bill during reconciliation, designed to prevent its abuse in precisely the way the Democratic leadership plans to abuse it.

The budget resolution always includes instructions; the instructions direct various committees in the House and Senate to craft legislation that changes program spending on, or the revenues extracted by, various federal programs. The purpose is to keep the deficit within that allowed by the budget resolution, or better yet to reduce the deficit below that level. The designated committees mark up legislation, which is then submitted to their respective Budget Committees in House and Senate.

The Budget Committees then incorporate all the parts into a single “omnibus budget reconciliation measure.” This is sent back to each chamber of Congress, subject to those expedited rules.

So how do Democratic leaders plan to abuse the reconciliation process? Simplified, the Democrats’ scheme is to take whatever health-care reform bills they get from House and Senate and send them to reconciliation, to be rewritten by the designated committees.

In those committees, the Democratic leadership plans to reinsert all the socialist elements that the Republicans and Blue Dog Democrats forced out (such as the government “option,” and federal funding for abortion) and strip out anything the opposition forced in (perhaps tort reform, or some mechanism to prevent illegal immigrants from benefitting). The final bill would then be allowed only limited debate and would not be subject to a filibuster in the Senate, requiring only 51 votes to pass, instead of 60 to invoke cloture.

Can they pull it off? During reconciliation, it’s certainly possible for new provisions to be attached to the reconciled bill. What’s to stop the majority delegates from adding onerous provisions that have nothing to do with reducing the deficit and may even increase it dramatically?

Enter the Byrd Rule. This legislation — Section 313 of the Congressional Budget Act (2 U.S.C. 644) — is named after its sponsor, Sen. Robert Byrd (D-WV, 79%). The Byrd Rule prevents “extraneous matters” from being added during reconciliation.

If any senator objects to a provision added during reconciliation ( by raising a “point of order”), the Presiding Officer of the Senate must either sustain or overrule the point; he takes his cue from the Senate Parliamentarian, currently Alan Frumin. If the Parliamentarian advises the Presiding Officer that the provision is indeed extraneous, the Presiding Officer will almost always sustain it.

If the point of order is sustained, then the extraneous matter is stricken from the bill… unless 60 senators vote to waive the Byrd Rule in that case, or to sustain an appeal from the ruling of the Presiding Officer (it amounts to the same thing). The upshot is that extraneous matters can only be inserted into the bill if a 60-vote supermajority supports them, the same number required to break a filibuster.

So what are “extraneous matters?” That’s the key question. The Byrd Rule defines them, as you can see in the links above. I’ll try to interpret them from legalese:

1. If the provision doesn’t change outlays or revenues (the budget), or only in ways incidental to the rest of the bill. (This is actually two tests, so consider this items 1 and 2.)

In other words, you cannot hide behind the budget resolution if the provision has nothing to do with the budget. An example might be a bill authorizing the purchase of a bunch of advanced jet fighters; during reconciliation, delegates reduce the number of fighters purchased to remain under the budget resolution’s limit; but they also insert a provision to require all insurance companies to cover abortions. The latter would be considered an extraneous matter; for one reason, it doesn’t change either outlays or revenue.

3. If the provision is outside the jurisdiction of the committee that submitted it.

In our example above, the abortion clause would violate a second Byrd Rule test, because abortion is outside the juristiction of the legislative committe tasked by the Budget Committee to write and submit the bill, probably the House or Senate Appropriations Committee, or the appropriate Defense subcommittee.)

4. If the provision increases outlays or decreases revenue (that is, it increases the deficit)… and in addition, the provision as a whole goes against the instructions that the reporting committees sent to the Budget Committees under reconciliation — generally measures for reducing the deficit.

That is, suppose the Senate reporting committee sends a health-care reform bill to reconciliation to with instructions to reduce federal health-care expenditures; but the legislative committee inserts a provision instead to increase expenditures — say by implementing a government health-insurance program (or a government-funded co-op) that will operate at a loss, requiring heavy federal subsidies. Then any senator can later rise to a point of order that the added provision is an extraneous matter under test 4 of the Byrd Rule.

5. If the provision increases outlays or decreases revenue after the fiscal years covered by reconciliation (no more than eleven years, counting the current year), unless the changes as a whole are budget neutral.

If the CBO projects that the added provision would increase the deficit even after ten years forward, then it’s considered “extraneous,” unless some other added provision balances it out.

6. If the provision recommends changes to Social Security.

Test 6 has nothing to do with the ObamaCare; it’s included only for completeness.

In the present case, if a Budget Committee simply jacks up the original bill’s title and runs full-blown ObamaCare underneath it, the Byrd Rule could certainly be invoked for test 5, because adding, e.g., a government option would unquestionably increase federal outlays long after 2019; and it would probably also fail test 4, as I’m sure that Republicans would insist that reporting committee send instructions requiring at least deficit neutrality (since deficit reduction is the purpose of reconciliation)… which means any deficit increase, even within the ten-year window, would violate those instructions.

Note: The 110th Congress, with a Democratic majority following the 2006 elections, enacted a rule in both House and Senate prohibiting budget resolutions that allowed any deficit increase beyond $5 billion in any of four successive decades following 2018; but as this is just a rule, not U.S. Code, I’m assuming that they will just whisk it away if necessary to force ObamaCare on the American people. So let’s just pretend their own rules change doesn’t exist.

So what are the Democrats threatening? Here is their scheme:

1. Replace whatever comes out of the House and Senate with full-blown ObamaCare in reconciliation. When some senator raises the obvious point of order, there are two avenues Democrats can take:
2. They can somehow bribe, bully, or otherwise coerce the Senate Parliamentarian to issue a false ruling that ObamaCare doesn’t raise the deficit beyond the ten-year window, and that it doesn’t violate the Senate reporting committee’s instructions;
3. Even if the Parliamentarian refuses to go along with the scheme, the Presiding Officer of the Senate can simply reject his decision and overrule the point of order anyway.
4. At that point, the bill goes back to the Senate requiring only 51 votes for passage — unless Republicans and Blue Dogs can scrape together 60 Senate votes to sustain an appeal from the Presiding Officer’s ruling.

I believe the Democratic attempt will fail.

First, I’ve never heard anyone suggest that Alan Frumin is so partisan and corrupt tha the would join such a conspiracy; so we’re left with tactic 3 above.

Second, the Senate only operates at all because of comity; many ordinary procedures require unanimous consent, which is customarily given. Thus the minority conference and even individual senators have tremendous power to gum up the works and bring the entire body to a standstill, if they choose. But they would only do so under the most dire provocation. But tactic 3, telling the Parliamentarian to go jump in the Potomac and overruling an obviously proper point of order, would certainly qualify.

In fact, third, it might even be a sufficiently egregious violation of Senate protocol that enough Blue Dog or moderate Democrats join Republicans — and it would be all Republicans at that point, even the liberals — to prevent the omnibus bill from getting even a bare 51 votes.

There’s a very good chance that the Democrats would, in effect, declare all-out war against the Republicans, with all the dreadful consequences that would entail in the Senate… and then lose the critical battle anyway. Since they’re not political dunces, they won’t even try it if their own headcount, and their own conversations with Frumin, raise even the strong possibility that they will lose.

Which I believe is exactly what they’ll find. The Democrats are talking big, hoping to frighten the timid Republicans (or the Blue Dogs) into caving; but when it comes to the wall, I don’t think they have the guts to roll the bones for their entire political future.

Cross-posted to Hot Air’s rogues’ gallery…

Hatched by Dafydd on this day, September 11, 2009, at the time of 1:41 PM | Comments (1) | TrackBack

September 5, 2009

Raucous Baucus Caucus

In a sure sign of a looming crackup in the health-care reform debacle, Sen Max Baucus (D-MT, 80%) says that he is sick of the deadlock among the putative “Bipartisan Six” senators, and that he is going to circulate a more or less final compromise position; if it fails to get four of the six votes — as I suspect it will — it will prove that “further bipartisan negotiations would be futile.”

If that happens, I believe it will be the end of any significant health-insurance overhaul, as the Senate does not have sixty Democratic senators willing to vote for a Democrats-only ObamaCare bill; and all the Republicans will vote against cloture (including the Maine twins).

Finally, I do not believe, in the end, that the Democratic leadership will be able to pull off the “reconciliation” trick, where they enact a bill in the Senate that doesn’t have, say, the government “option,” but then add it in during reconciliation — and claim that they only need 51 votes to pass the reconciled bill. The Byrd Rule would preclude that; and I believe Sen. Robert Byrd (D-WV, 79%) himself would rail against it. A bunch of Blue Dogs would be outraged… particularly since they would be tarred by the bill even if they voted against it. The damage such a maneuver would do to the Democratic caucus itself would shred the party. Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 70%) won’t fire that Rubicon.

I think that liberal Democrats and Baucus himself have concluded that there will be no bipartisan compromise: Republicans have no incentive to take the electoral heat off Democrats pushing a wildly unpopular bill that will bankrupt Medicare and put an onerous health-care mandate on all Americans without any significant reforms to lower the costs, such as tort reform, removing barriers on cross-state competition for insurance companies, expanded medical savings accounts (MSAs), health-insurance portability (attaching insurance to the person, not the job), and so forth.

On the other hand, liberal Democrats in safe seats have no incentive to take the heat off their more moderate colleagues to pass a radical government takeover of health care. Instead, both the GOP and the Progressive Caucus see more gain to themselves in blowing up the negotiations than finding a “compromise” that everybody hates: Republicans expect the collapse to hurt Democrats in 2010, while liberals believe that if they agree to a compromise, their radical constituents will abandon them in the election — whereas their own personal reelection is guaranteed if they hold firm to “progressive” principles, even if that means ObamaCare dies an ugly death.

Baucus sounds desperate:

The chairman, Senator Max Baucus, Democrat of Montana, signaled his intentions in a telephone conference call with five other committee members who have been struggling for months to forge a bipartisan bill and break a partisan stalemate in Congress, an official familiar with the call said.

The official said Mr. Baucus had told the group that he would circulate a detailed proposal as early as Saturday. In doing so, he would be taking a big step toward forcing a final decision by the group as to whether it sees any realistic prospect of a deal.

Many of the ideas expected to be included in the Baucus plan have been aired for weeks among the negotiators and by other lawmakers. But if Mr. Baucus follows through, it would be the first time he had assembled a complete package, an indication of the pressure he is under to produce an agreement.

It was ever thus: Republicans see American health insurance as mostly in good shape with a few problems that can be handled with minor tweaks; liberal Democrats see a “crisis,” whether real or fabricated, that can be whipped into an opportunity to do what they have dreamt of for decades: nationalize American health care, à la the British National Health Service… and they are pushing the Democratic moderates to hold firm, even if it costs them their jobs, to principles they don’t even fully support. The negotiators are thus speaking at cross purposes; there is no “meeting of the minds,” hence no “contract” is likely.

The Baucus compromise in the Senate Banking Committee gives neither side any of its bottom-line essentials:

• There is nothing to strengthen or expand the invisible hand of the free market in health insurance, so Republicans will reject it;
• There is nothing to stick the invisible foot of government into the Capitalist system, so the “progressives” have nothing to gain and everything to lose by supporting it.
• Thus, only a small handful of actual moderates would support the bowdlerized “compromise.”

As I wrote last Tuesday:

Compromise is a great strategy when negotiating the price of a new car, but it makes lousy politics; usually nobody likes the result, and all the collaborators end up running for cover. Far better to compete instead of collaborate… to put our own vision of health reform out there, then let the people decide.

Note that this syllogism applies equally well to the GOP and the Progressive Caucus: Each side is better off rejecting an unworkable sausage of a compromise and instead pushing its own alternative plan, heading into next year’s campaign.

La Casa Blanca agrees with this assessment — gloomy to them, bright and sunny to me and anyone else who supports liberty, Americanism, Capitalism, and the market:

For all the interest on all sides of the debate about what occurred in Friday’s conference call, the White House and Congressional Democrats have already concluded that a bipartisan alternative is probably doomed after recent public attacks from Mr. Grassley and Mr. Enzi.

That leaves the administration with a new and highly charged political dynamic — balancing the conflicting desires of liberals and moderates in the president’s own party — as he tries to pass a bill with Democrats’ votes alone, perhaps, and at best one Senate Republican, Ms. Snowe.

But Sen. Olympia Snowe (R-ME, 12%) supports only a potential government option that would be triggered by absolute private-insurance company intransigence, which is unlikely in the extreme; much more probable is that under such a plan, insurance companies would make some appearance of cooperation, thus avoiding triggering the entrance of government health insurance.

All sides understand that a government option hinging on a trigger is either (a) the same as no government option at all, or (b) equivalent to a full-time public option from Day-0. There will be no “in between” state in which we’re already not certain whether the trigger will or will not be squeezed. But the lefties in the Democratic Party won’t accept (a), while Snowe and the other moderate Republicans will not accept the latter.

Further, the progressives demand an actual government “option” for health insurance from the git-go; anything less will not allow the destruction of private insurance… thus allowing a good crisis to go to waste. The Left has too much power within the Democratic Party now to be rolled into a compromise that even Snowe could live with.

Similarly, moderate Democrats are balking at the Left’s demands:

The president must reach out to moderate-to-conservative Democrats like Senators Mary L. Landrieu of Louisiana, Evan Bayh of Indiana and Ben Nelson of Nebraska, who will continue to push for a measure that spends less and does not include a public insurance option as liberal Democrats demand. The same is true for the Blue Dog Democrats in the House.

But liberal Democrats, who dominate in the House and include Speaker Nancy Pelosi, have become emboldened by the prospect of passing a bill solely with Democratic support.

Bottom line:

• Moderates may want a compromise, but there aren’t enough of them to pass it;
• Conservatives and liberals alike would much rather have a head to head competition than “compromise” their principles by agreeing to a compromise;
• Thus never the twain shall meet.

I predict there will be no compromise; rather, one side will win, and the other will lose. And given the mounting skepticism and even downright fear among the electorate about the specifics of radical health-care “reform,” there’s no doubt in my mind that the winner will be the GOP, the minor loser will be the Progressive Caucus — and the big, fat, hairy loser will be Barack Obama himself, whose presidency will be gutted in his very first year in office.

Hatched by Dafydd on this day, September 5, 2009, at the time of 9:10 PM | Comments (2) | TrackBack

July 29, 2009

Senate Democrats: Caving – or Bushwhacking?

AP breathlessly reports that the Democratic leadership has “reached a shaky peace” with the somewhat moderate Blue-Dog Democrats (which AP calls “the party’s rebellious rank-and-file conservatives”):

The House changes, which drew immediate opposition from liberals in the chamber, would reduce the federal subsidies designed to help lower-income families afford insurance, exempt additional businesses from a requirement to offer insurance to their workers and change the terms of a government insurance option.

What does “change the terms” mean? A New York Times story clarifies that the shaky peace retains the most odious element of ObamaCare, the government so-called “option” — which won’t be optional at all, if your employer dumps his plan in favor of heavily taxpayer-subsidized government-controlled health care:

While the federal government would still establish and run a new public health insurance program, to compete with insurers, the new entity would not use Medicare rates to pay doctors and hospitals. Instead, the government plan would negotiate rates with health care providers, just as private insurers often do.

On the Senate side of the Capitol rotunda, however, the deal being cut in the Senate Finance Committee omits the government option in favor of “non-profit cooperatives” — which the shaky House peace also includes… another provision that might undercut private health insurance and employer-offered health insurance, if those co-ops are allowed to operate at a loss, then receive regular bail-outs by the feds (as happens with Amtrack, for example). From AP:

More problematic from the Democrats’ point of view is a tentative agreement [in the Senate Finance Committee] to omit a provision in which the government would sell insurance in competition with private industry. In its place, the group is expected to recommend non-profit cooperatives that could operate at the state, regional or even national level.

Let’s suppose, for sake of argument, that this is how it’s ultimately passed in each chamber and sent to the Joint Committee for reconciliation: The House enacts government-controlled health care plus non-profit co-ops, the Senate only enacts the co-ops. Suppose further, as would almost certainly be the case, that Senate Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 70%) appoints to the joint committee a strong majority of senators who support the government “option.” This would of course result in that provision being reinserted into the joint version of the bill, which is then sent to both chambers of Congress.

Can the resulting bill be filibustered? If not, then of course it will pass; there is no way that Republican senators plus Blue-Dog democrats equals 51 votes against it. But if it can be filibustered, then there is a very good opportunity to kill the bill: If, say, 37 of the 40 Republicans vote against cloture, then it would only take four Blue Dogs to get to 41, which means the best the rest of the Democrats (and the defecting Republicans) can get for cloture is 59 — which is not enough. I suspect that at least four moderate Democrats in normally Republican states will be afraid to thwart their constituents, so will vote against cloture… knowing that the other Democrats will eventually have to compromise, so there will be a bill — just not the current bill.

So it’s an important question to analyze: Can the bill be filibustered?

In theory, if a bill enacts a provision that was already included in the budget resolution, and if the budget resolution includes “reconciliation instructions” prohibiting amendments and limiting debate, then the bill cannot be filibustered; it only takes a simple majority to enact it. But there is an exception, which I’ll get to in a moment.

On April 29th, the Democrats (with no Republican votes) enacted the budget resolution for fiscal year 2010, which begins on October 1st; and they did indeed include health-care reform and “reconciliation instructions”:

The budget resolution also includes reconciliation instructions for healthcare and education overhaul proposals, which Republicans lambasted. Under reconciliation, healthcare and education legislation would only need 51 votes, thwarting any Senate filibuster.

At a meeting of conferees Monday, Senate Budget Committee ranking member Judd Gregg, R-N.H., characterized the move as a power grab and likened Democrats to Venezuelan President Hugo Chavez for including reconciliation in the budget resolution. Obama was criticized by some lawmakers recently for shaking Chavez’s hand in a visit earlier this month to Latin America.

“I can understand shaking Chavez’s hand, but I can’t understand accepting his politics, and basically shutting down the minority,” Gregg said. “It will harm the final product.”

So facially, it would appear the Senate Democrats can “bushwhack” their own Blue Dogs by tricking them into voting for a health-care “reform” bill that does not include government insurance, then sneak it back in during the joint conference and pass it over the objections of Republicans and even the Blue Dogs themselves.

But in that same passage quoted above, Senate Budget Committee Chairman Kent Conrad (D-ND, 95%) opines that he does not believe the nervy tactic will work:

Conrad, who opposed the use of reconciliation to pass major legislation, said he did not believe that healthcare legislation would be written with its use.

“I believe, as people get into it, they will find that it just doesn’t work well for that purpose,” Conrad said. “I believe health care will be done under the regular order.”

What did Sen. Conrad, a Democrat, mean by that? Why wouldn’t it work?

There’s one potential fly in the Democratic ointment: There is a provision of law called the Byrd Rule which allows, under certain circumstances, any senator to raise a “point of order” and object to any provision of any bill that falls under the reconciliation rule of no filibustering… so long as the Senate parliamentarian determines that the provision violates any one of the six “tests” the Byrd Rule sets up. In such a case, the provision is called “extraneous,” and it is stripped from the bill — unless it’s waived by the full Senate. And the Byrd Rule can only be waived by (you guessed it) a cloture-like vote of 60 senators.

In other words, a filibuster is ordinarily not allowed for a bill that is covered by reconciliation; but if a provision of that bill violates the Byrd Rule (any one of the six tests), and if any senator objects to it on those grounds — and if the parliamentarian agrees that the provision breaks the rules — then that provision will be stripped from the bill unless 60 senators vote to let it stay.

(The only other person who could stop that process would be the Presiding Officer of the Senate, I believe, who could in theory overrule the Senate Parliamentarian’s decision about whether the provision violates one of the Byrd Rule tests.)

The purpose of the Byrd Rule (named after Sen. Robert Byrd, D-WV, 79%) is to prevent the budget resolution being used to shield non-budgetary bills or provisions of bills from filibuster. For example, you couldn’t push handgun prohibition or a repeal of the ban on partial-birth abortion through the Senate without being subject to filibuster merely by first including it in the budget resolution, because neither of those has anything to do with the federal budget, except incidentally. (Unless you had a pliant parliamentarian or a tyrannical Presiding Officer of the Senate.)

Here are the six tests:

Byrd rule tests – Section 313(b)(1) of the Congressional Budget Act sets forth six tests for matters to be considered extraneous under the Byrd rule. The criteria apply to provisions that:

• do not produce a change in outlays or revenues;
• produce changes in outlays or revenue which are merely incidental to the non-budgetary components of the provision;
• are outside the jurisdiction of the committee that submitted the title or provision for inclusion in the reconciliation measure;
• increase outlays or decrease revenue if the provision’s title, as a whole, fails to achieve the Senate reporting committee’s reconciliation instructions;
• increase net outlays or decrease revenue during a fiscal year after the years covered by the reconciliation bill unless the provision’s title, as a whole, remains budget neutral;
• contain recommendations regarding the OASDI (social security) trust funds.

In the case of ObamaCare, the two important tests are numbers four and five, highlighted above in blue: If the government-option provision increases spending (which of course it does) and the ObamaCare bill as a whole fails to conform to the instructions in the budget resolution; or if the government-option provision continues to increase spending even after the period covered by the budget resolution (ten years) — unless the entire ObamaCare bill can be shown to be “budget neutral” — that is, it doesn’t increase the deficit any more than the budget resolution allows it to do.

But here is the problem for Democrats: In order to shoehorn the government takeover of health-care into the budget resolution last April, they had to declare that it would pay for itself… that ObamaCare would be deficit neutral. From the House Committee on the Budget “fact sheet:

Assumes Health Reform Will Be Paid for so that it Does Not Add to the Deficit — Our budget leaves it to the authorizing committees to determine both the policy and how to pay for health care reform.

So any provision of ObamaCare that spends money is subject to the Byrd Rule, unless (a) the Democrats can get the Congressional Budget Office (CBO) to declare that, contrary to their earlier claim that the bill would add an extra several hundred billion dollars to the deficit, it’s really going to add nothing at all to the deficit; and (b) that the provision in question won’t cost a dime beyond the year 2020.

Each of these assertions would be risible, of course; the bill grossly expands the deficit, and the provision in question will require spending for as long as it exists. Since the Democrats certainly don’t want to enact ObamaCare with a “sunset” clause, so that it automatically ends after ten years, they’re going to have to live with the Byrd Rule.

I do not believe that the CBO will go along with either of these preposterous fantasies… in which case, as soon as the bill comes back from the joint committee, and the Democrats try to claim that under reconciliation, it cannot be filibustered, any single Republican — Minority Leader Mitch McConnell (R-KY, 80%), for example — can rise to a point of order, object to the goverment “option” and any other odious measure under the Byrd Rule, and force a vote where the Dems need to get 60 votes to prevent those provisions being stripped out.

That is what Michael Barone meant yesterday when he said, on Hugh Hewitt’s show, that under the Byrd Rule, Democrats will be unable to prevent filibusters of the health-care reform act. That’s what Sen. McConnell meant when he said today on the same show that the bill “would be subject to filibuster.”

But wait! What if the Senate Parliamentarian, Alan Frumin, simply ignores reality and declares that the Byrd Rule doesn’t apply? Sure, in theory he could do that; and in fact, he has been heavily lobbied by both sides of the aisle since it became clear that the Democrats were going to taint the budget bill with reconciliation instructions for ObamaCare, to try to prevent a GOP filibuster.

But according to the Hill, a Capitol Hill newspaper that is considered quite authoritative, if the Democrats expect the parliamentarian to back their partisan power grab, they picked a horse that is backing up the wrong tree:

“I talk to him regularly. He is not looking forward to this,” [former parliamentarian Robert] Dove told The Hill. “All I can tell you is he’s a very good man. He will call it straight. He will make all kind of enemies….”

Both parties are already lobbying Frumin. Democrats on the Senate Budget Committee and Senate aides from both parties have met with him to discuss the Byrd rule, named after initial sponsor Sen. Robert Byrd (D-W.Va.). Frumin told Senate Budget Committee Chairman Kent Conrad (D-N.D.) a few weeks ago that legislation passed through the reconciliation process may end up looking like “Swiss cheese,” because certain provisions of a bill may survive while others are stricken, Conrad said….

“He’s known for being substantively rigorous and he understands the value of precedent,” said Stan Collender, a partner at Qorvis Communications and a former Democratic budget aide. “He’s not likely to just come up with a ruling that’s completely off the wall. He’s known to do his job really well and tries to call it pretty straight.”

The upshot of bottom line of this analysis is that I do not believe the Democrats will be permitted by the parliamentarian to abuse the reconciliation process to jam ObamaCare through the Senate; nor do I believe the Presiding Officer of the Senate would be so reckless as to overrule the parliamentarian… as that might cause Republican and Blue Dog senators to bring the entire body to a screeching halt, thus imperiling not only certain provisions of ObamaCare, but the entire bill, plus every other element of the radical agenda of President Barack H. Obama.

It would also hand a powerfully effective issue to GOP senatorial challengers next year: “Democrats stifle the Senate’s own parliamentarian in order to take away your health insurance!”

One way or another, they are going to have to get 60 senators to agree specifically on the government “option,” on taxing your health benefits, on employer mandates, and on every other controversial element of the Obamacle’s attempted government hijacking of Americans’ health care. Further, I do not believe that those 60 votes currently exist, and support will only weaken as we pass into September and October. So I don’t believe the Democrats will be able to pull this off.

Hatched by Dafydd on this day, July 29, 2009, at the time of 9:36 PM | Comments (2) | TrackBack

May 21, 2009

The Biannual Full Moon

Brave Sir Ron Leaps to the Lady’s Defense

Today, in a vote so shocking my jaw dropped at least an angstrom, Rep. Ron Paul (R-TX, 90%) — the J. Neil Schulman of the House of Representatives — thrust out a beligerant lower lip and cast his lot… not to create a “bipartisan congressional panel” to investigate Squeaker of the House Nancy Pelosi’s (D-Haight-Ashbury, 100%) bearing of false witness against the CIA:

House Democrats on Thursday defeated a Republican push to investigate House Speaker Nancy Pelosi’s assertion that the CIA misled her in 2002 about whether waterboarding had been used against terrorism suspects.

Republicans Ron Paul of Texas and Walter Jones of North Carolina joined Democrats in voting 252-172 to block the measure, which would have created a bipartisan congressional panel. Rep. Rob Bishop, R-Utah, sponsored the resolution.

Paul doesn’t want to investigate whether the ultraliberal Democratic Speaker is a liar; he doesn’t even want to know. Evidently, he has bigger birds to fry.

So what was the reason enunciated by Democrats for not probing the Squeaker, the argument that persuaded Ron Paul (and “Walter Jones,” if that is his real name)? Oh, it was quite compelling:

“This is partisan politics and an attempt by the Republicans to distract from the real issue of creating jobs and making progress on health care, energy and education,” said Pelosi spokesman Nadeam Elshami….

[T]he Republican-drafted proposal was a partisan jab meant to distract from the question of whether the Bush administration tortured war prisoners, [House Democratic Leader Steny Hoyer, D-MD, 95%] said. Hoyer called the resolution another example of Republicans engaging in “politics of personal destruction.”

Wow, that comes perilously close to persuading me to Pelosi’s and Paul’s side. Who can argue with that?

So the charge that Pelosi lied about what the CIA told her simply hangs out there, uninvestigated, hence unprovable. And the libertarian representative is just fine with that; doesn’t want to contribute to any “partisan jab” that might “distract” from the urgent business of transforming America into a Eurosocialist welfare state. But wait, there is going to be an investigation after all:

[Hoyer] told reporters in a separate Capitol Hill news conference that he supports creation of a panel to investigate the nation’s interrogation policy. What the CIA told Congress and when could be part of that, he said.

Say… what do you want to bet that the agenda of that investigation will be carefully controlled by the majority, so that the only party “in the dock” will be the CIA during George W. Bush’s administration? (And how much should we wager that Ron Paul votes in favor of that one?)

I have long believed that “libertarians” — especially Libertarians, members of the Libertarian Party — are like werewolves: Every even-numbered November, they turn into hairy, howling, snarling Democrats, demonstrating their commitment to the values of Ludwig von Mises, Friederich Hayek, and Robert A. Heinlein by supporting the major American political party that is closest to Socialism.

The support isn’t always blatant; some vote for cranks like Ron Paul, others for nonentities like Babar. But at least some self-described libertarians, such as Christopher Buckley, actually go the whole Chaney (Lon) and vote for leftist Democratic candidates such as Barack H. Obama himself. (Colin Powell is a whole ‘nother case; I’m convinced that he was voting more for BO’s skin color than his politics… though I’m sure some personal animosity against President Bush enters into the equation as well.)

But at least, thank God, the libertarians have enough principle not to vote for America’s greatest enemy: the neocons!

A libertarian may talk a good liberty argument; but every election day, he becomes a wereliberal, spreading the leftist contagion by his own rabid saliva. All the while insisting that he’s not really a liberal; he just plays one in the voting booth.

Now you know why, despite my libertarian sympathies, I’m very, very reluctant to call myself one of them. I have a lot of disagreements with the GOP, some of them quite significant; but at least I know the difference between a conservative and a liberal fascist: The one can sometimes irritate me; the other would gag me, loot me, and lock me away in Gitmo, if he only could.

Hatched by Dafydd on this day, May 21, 2009, at the time of 6:35 PM | Comments (6) | TrackBack

May 14, 2009

The Raucous Baucus Max-Tax Flim-Flam Plan

Always, those in the public sector have eyed the private sector as Martians observing the Earth: “vast and cool and unsympathetic.” They envy the money; gross domesic product is many times larger than the measley $3 to $4 trillion available to the feds even in the age of Obama. They envy the productivity, which puts government programs and R&D; to shame. They envy the freedom of CEOs simply to make decisions — while government bureaucrats can only write memos of recommendation and shunt them one notch up the chain of infinite regress that is the government heirarchy.

They cannot duplicate the success of Capitalism and entrepeneurship, quite naturally; those qualities are characteristic of liberty, while government is its antithesis. So as with everyone consumed by envy — even H.G. Wells’ Martians — what they cannot duplicate they can at least destroy.

Which brings us around, by a commodious vicus of recirculation, to the Democrats and their government takeover of health care:

Senators are considering limiting — but not eliminating — the tax-free status of employer-provided health benefits to help pay for President Barack Obama’s plan to provide coverage to 50 million uninsured Americans.

Mighty considerate of them not to offhandly eliminate it; having us that momentus favor, surely we cannot carp about a little, itty-bitty tax, can we? By the way, anent those “50 million uninsured”… the only way to reach that number is to include the huge number of young, healthy, and well-paid young workers, who voluntarily choose not to carry insurance because they think themselves indestructable.

(Thank goodness I’m finally going to subsidize them! I couldn’t stand the guilt, knowing I have condemned by inaction those young adults to having to pay for what they use, just as if they were ordinary people.)

On the controversial question of taxing health benefits, [Senate Finance Committee Chairman Max] Baucus is staking out a position that could put him at odds with Obama.

The president adamantly opposed such taxes during the campaign, arguing they would undermine job-based coverage. Obama’s aides now say he’s open to suggestions from Congress, even if he criticized Republican presidential rival John McCain for proposing a sweeping version of the same basic idea.

Baucus said he wants to modify the tax break, not abolish it.

“We are not going to repeal it,” he said.

Baucus suggested that the benefit could be limited by taxing health insurance provided to high-income individuals, although he did not specify at what income levels. He also said that plans offering rich benefits — for example, no co-payments or deductibles — might be taxed once their value exceeded a yet-to-be-determined threshold….

In government jargon, the tax-free status of health insurance is called the “tax exclusion.”

Let’s set aside the weasle words for a moment and just look at the extreme case; we can reason backwards from there. Suppose that, contrary to Baucus’ (D-MT, 80%) hand-on-heart claim, he really does intend to “repeal” the “tax exclusion”… what would that mean to taxpayers?

How does it work? Your employer pays you a salary (taxed), and he also pays for your medical insurance; yes, the latter is technically “income;” but it’s not really, because you have no choice in how it’s spent, other than small variations that the insurance plan my allow you — picking an HMO or a Preferred Payer Plan, for example. (The purpose of the putative tax exclusion was, of course, to encourage employers to offer such plans — which is why nearly everybody who wants medical insurance has it today.)

Employer-provided health insurance is considered part of workers’ compensation, but unlike wages, it is not taxed. The forgone revenue to the federal government amounts to about $250 billion a year.

You rich villains are stealing the government’s money!

In a typical case, your employer may pay you $50,000 salary and may pay about $450 per month in health-insurance premiums; you yourself may have to pick up a smaller portion of the premium, perhaps $150 per month. That means the total payment is, let us say, $600 per month or $7,200 per year.

The employer-paid part of that ($5,400 per annum) is not taxed: The employer deducts it as a business expense and the employee doesn’t have to declare it as income. If the employee itemizes his income tax (for example, if he’s buying a house and wants to deduct the mortgage interest), he may be able to deduct all or part of his own share of the premiums ($1,800 per year). Thus, he doesn’t have to pay tax on anywhere from $5,400 of his “income” to $7,200, depending on how much of his own payments are deductable.

Splitting the difference, he gets to “deduct” (deduct or not have to report) $6,300 from his income. Since this will clearly be a marginal deduction, it all comes out of the highest income tax he’s paying (unless that drops him below the level for that tax rate). This rate is currently 35%, I believe, but the specifics are less important than the principle.

So the final tally is: The taxpayer pays $2,205 less to the government than he would were the “tax exclusion” repealed; that of course means that if it were repealed, he would have to cough up an additional $2,205 to the feds — so that other people would get to use government-controlled health insurance for free.

Sweet, isn’t it? You pay a couple grand extra per year for the privilege of having private health insurance; but if you drop it and take the government-run health care instead, you pay no extra tax. As the Romans say, “Cui bono?” Who benefits? The public sector does… at the expense of the private sector, of course: This is yet another way that ObamaCare will drive people out of private health-insurance plans and into the loving arms of Uncle Sugar.

Of course, Baucus says (yesterday) that the Democrat-controlled Congress doesn’t want to completely eliminate the “tax exclusion”; they just want to levy an extra tax on some of your health-insurance premium, not all of it. So they’re not actually stealing the full $2,200… just a portion.

Of course, it still means that you must pay an extra penalty for using private health insurance but not for using ObamaCare. Thus the perverse incentive for everybody to dump private insurance in favor of government-run health care remains; it’s just not quite as strong as if they went the full Monte. (And who knows what they will say tomorrow? Especially as the bill-writing continues, and it becomes obvious that the numbers just won’t add up.)

Democrats are trying to sell the bill as purely utilitarian:

Many experts say that Congress won’t be able to come up with the kind of money needed to provide coverage for all unless limitations on the health care tax break are part of the mix.

“I don’t see how you’re going to put a package together … unless you touch the exclusion,” said Robert Greenstein, director of the Center on Budget and Policy Priorities, which advocates for low-income people [that is, welfare recipients].

(Note that the Center on Budget and Policy Priorities is heavily underwritten by the Democracy Alliance — which itself is funded by George Soros and many other prominent radical lefties. Just thought you’d like to know.)

I am less and less willing to give any benefit of the doubt to this administration on any point touching politics, progressivism, liberal fascism, or attacks upon the “Right.” If — in addition to raising revenue — a bill also tends to drive people away from a market-driven, capitalist solution and towards government nationalization of health care, I will naturally conclude that this, not revenue, is the real goal.

Some of the arguments by proponents of HillaryCare ObamaCare seem to be brazen attempts at misdirection:

Proponents of repealing the benefit say it encourages lavish health insurance plans that only add to waste in the health care system. And they argue that the benefit is unfair, since self-employed people don’t get as big a tax break for health care.

First, who cares if some rich people are willing to pay through the nose for a plan that includes rhinoplasty? Evidently the Left does: They care so much, they want to repeal all differences in the level of medical care between rich and poor. Equality is so important to the bad stepchildren of George Soros that, instead of some having more than others, they would rather everybody be equally poor and equally miserable.

If carried to its logical conclusion, this “reasoning” leads to the destruction of all private property… the rich will have the money but be disallowed from spending any of it! The response by the rich would be to flee the country, quite obviously… taking all of their talent, drive, and money with them. This disincentivizes intelligence, courage, and entrepeneurship: Why bother starting up a company if you won’t even be able to enjoy the increased money you might make?

And the second argument for government-controlled health care is even more specious: If it’s true that “self-employed people don’t get as big a tax break for health care,” then for God’s sake, give them a larger tax break! Don’t take away the break enjoyed by ordinary, company-employed workers.

With every new day, everything about this administration and this Congress makes it more and more clear that they aim to fundamentally transform America away from what we have been for 220 years — and turn us into something alien. This is not patriotic; this is unAmerican. This is French.

We must kill this bill before it kills us.

Hatched by Dafydd on this day, May 14, 2009, at the time of 7:14 AM | Comments (0) | TrackBack

April 2, 2009

The Great Dictator, part (C)

If you want a picture of the future, imagine an iron fist clutching a smiley face — forever.

The first two posts of this miniseries were:

• The Great Dictator
• The Great Dictator, part Deux

We ended the last segment with a tease:

The final step of a liberal fascist takeover of the industry would be to control the wages of all employees, to be able to set them however they want.

So let’s leap straight into the maw of that final eldritch horror of state capitalism, corporate socialism, or as I prefer, the Jonah Goldberg formulation: liberal fascism:

But now, in a little-noticed move, the House Financial Services Committee, led by chairman Barney Frank, has approved a measure that would, in some key ways, go beyond the most draconian features of the original AIG bill. The new legislation, the “Pay for Performance Act of 2009,” would impose government controls on the pay of all employees — not just top executives — of companies that have received a capital investment from the U.S. government. It would, like the tax measure, be retroactive, changing the terms of compensation agreements already in place. And it would give Treasury Secretary Timothy Geithner extraordinary power to determine the pay of thousands of employees of American companies.

The author of the article, Byron York, is the former White House correspondent for the National Review; he now writes for the Washington D.C. Examiner. York describes the legislation that Chairman Barney Frank (D-MA, 100%) has approved:

The measure is not limited just to those firms that received the largest sums of money, or just to the top 25 or 50 executives of those companies. It applies to all employees of all companies involved, for as long as the government is invested. And it would not only apply going forward, but also retroactively to existing contracts and pay arrangements of institutions that have already received funds.

In addition, the bill gives Geithner the authority to decide what pay is “unreasonable” or “excessive.” And it directs the Treasury Department to come up with a method to evaluate “the performance of the individual executive or employee to whom the payment relates.”

There really is no other way to describe this than a fascistic economic policy, where by “fascistic” I mean corporate socialism, similar to that developed most extensively by Italian dictator Benito Mussolini. (Adolf Hitler did not invent it; he admired the economics of “Il Duce” so much, he copied them in his “Third Reich”.)

Before moving further, it’s important to note that fascism, while it has the stench of racism, antisemitism, and warmongering for conquest, is not strictly defined that way. An administration can be fascistic even if it has not the slightest whiff of any of those qualities. That said, however, the current administration is an open and unapologetic fan of race-based preferences; is packed to the gills with ardent foes of Israel who too often slop over into naked Jew hatred (using the code phrase “the Israel lobby”); and fecklessly threatened to invade Pakistan even before Barack H. Obama was elected; it can hardly be said to be anti-racist, philosemitic, or pacific.

The bill was actually authored by freshman Rep. Alan Grayson (D-FL, not yet rated), most famous until now for filing lawsuits against Halliburton; the fair-minded and non-prejudicial Grayson offered this unique reason for House members to vote for the bill:

“This bill will show which Republicans are so much on the take from the financial services industry that they’re willing to actually bless compensation that has no bearing on performance and is excessive and unreasonable,” Grayson said. “We’ll find out who are the people who understand that the public’s money needs to be protected, and who are the people who simply want to suck up to their patrons on Wall Street.”

These are not the words of a man who has any love of the free market, individualism, limited government, or Capitalism whatsoever. I venture to say that Mr. Grayson veers perilously close to totalitarianism… and he might not even mind the label.

In a recent post, Patterico quoted Thomas Sowell’s Basic Economics; Sowell hit it right on the money, as usual:

Too often a false contrast is made between the impersonal marketplace and the compassionate policies of various government programs. But both systems face the same scarcity of resources and both systems make choices within the constraints of that scarcity. The difference is that one system involves each individual making choices for himself or herself, while the other system involves a smaller number of people making choices for others.

It may be fashionable for journalists to refer to “the whim of the marketplace,” as if that were something different from the desires of people, just as it was once fashionable to refer to “production for use, rather than for profit” — as if profits could be made by producing things that people cannot use or do not want to use. The real contrast is between choices made by individuals for themselves and choices made for them by others who presume to define what these individuals “really” need.

We must contrast the clarity, logical development, and true love of freedom found in Sowell’s argument with the crabbed, self-serving, power-mad, authoritarian, arrogant, condescending, ill-informed, adolescent wish-fulfillment of Barack Obama, Timothy Geithner, Barney Frank, Alan Grayson, Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 100%), Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 70%), and every other member of the liberal cabal that wants to hijack our country and turn it into Sweden. Or into fascist Italy of the 1920s, 30s, and early 40s.

Thomas Sowell is above all an American man who loves the American experiment… while the Obamunists are from Venus, I think. Barack Obama despises everything that the United States is right now; he will only love his country when it’s no longer our country, but just an extension of the EU and the UN.

But always with a smiley face. Never forget the smiley face… that’s the distinction that makes one a compassionate liberal fascist, which makes all the difference.

Hatched by Dafydd on this day, April 2, 2009, at the time of 5:07 AM | Comments (4) | TrackBack

March 25, 2009

More Obamunism: Who Controls the Newspapers Controls the Present

Sen. Benjamin Cardin (D-MD, 100%) has ridden in on his white horse with a wonderful suggestion for newspapers that are in financial trouble (which is pretty much all of them): Reincorporate as 501 (c) (3) not-for-profit educational institutions, which would exempt them from most income tax (except for “unrelated business income”).

Of course, the move would also absolutely prohibit political advocacy, lobbying, or electioneering… which as I read it would even preclude publishing editorials critical of, e.g., the administration of Barack H. Obama. Or of individual Democratic senators, such as Benjamin Cardin. But that ought to be a good thing, no? Surely we all want newspapers to be politically neutral gatherers of fact and disseminators of the truth!

With many U.S. newspapers struggling to survive, a Democratic senator on Tuesday introduced a bill to help them by allowing newspaper companies to restructure as nonprofits with a variety of tax breaks.

“This may not be the optimal choice for some major newspapers or corporate media chains but it should be an option for many newspapers that are struggling to stay afloat,” said Senator Benjamin Cardin….

Cardin’s Newspaper Revitalization Act would allow newspapers to operate as nonprofits for educational purposes under the U.S. tax code, giving them a similar status to public broadcasting companies.

Under this arrangement, newspapers would still be free to report on all issues, including political campaigns. But they would be prohibited from making political endorsements.

The comparison to PBS is apt; as we have all seen, PBS is forbidden from any political editorializing, politicking, electioneering, or advocacy. But of course, if they’re merely reporting on issues — straight “reporting,” such as:

• That the Iraq war was a disastrous defeat for America;
• That rampant, unregulated, laissez-faire Capitalism is what got us into the financial crisis;
• That the only thing that will save us now is complete nationalization of the economy;
• That Israel is the cause of all problems in the Middle East;
• That without government-run health care, we’ll all die of cancer by age 60;
• That anthropogenic global climate change is universally accepted by “science;” thus the time for denial by denying deniers (i.e., “high crimes against humanity and nature” or “intergenerational crime in the face of all the knowledge and science from over 20 years”) has ended once and for all;

…That sort of straight, unbiased, apolitical news reporting will naturally still be allowed. You can’t prohibit educational institutions such as the New York Times and the Washington Post from educating, can you?

But biased, divisive, obstructionist, obsolete, disloyal, and partisan politicking will no longer be legally allowed in newspapers. After all, they have a duty (as tax-exempt organizations) to educate, which means to tell the truth… “the truth” to be determined by the unbiased, professional, expert auditors at the Bureau of Internal Revenue. Who else?

Ergo, newspapers would have to cease publishing any future columns or opinion pieces by such talking-point, robot-army soldiers as Douglas Feith, David Freddoso, Rush Limbaugh, Mark Steyn, or John Hinderaker. But the papers wouldn’t suffer from a lack of content, as they would be perfectly free to publish nonpartisan disseminators of pure truthful information, free from slant and politics, including Molly Ivins, Markos Moulitsas, Keith Olbermann, Jim Lehrer, and Bill Moyers.

What I cannot fathom, however, is why a Democrat, a member of the ADA’s “100%-er” club, would push for the elite newspaper medium to switch from publishing such ardently tilted and mendacious flummery (such as opinion pieces by atmospheric physicists or meteorologists disputing Algore’s 95 theses on globaloney) to the calm, measured, unemotional, multilateral, fact-based pronouncements of Nobel Prize winners such as, well, such as Algore. And Paul Krugman.

All this time, I’ve wrongly accused Democrats like Cardin of being mindless, vermin-infested, screeching blue monkeys, swooping overhead and hurling their feces down on the rest of us, then hauling us off to the Wicked Rodham of the West. And the little dog we rode in on, too.

I’m stunned that such a senator would abandon faction and ideology for the cold, unadorned, reality-based solution of turning profitless newspapers into non-profit ones, in effect, nationalizing the entire news-gathering industry. (To promote greater freedom of speech, of course.)

Go figure!

Hatched by Dafydd on this day, March 25, 2009, at the time of 9:44 PM | Comments (5) | TrackBack

March 2, 2009

A Specter Is Haunting America

Kudos to W. James Antle, III, online editor of the American Spectator, for the absolute best Sen. Arlen Specter (RINO-PA, 40%) title of the week-end: “the Specter That Haunts Conservatives.”

Alas, Antle got it slightly wrong; I have corrected it in the title to this post. Antle blew the obvious because he was unable (or afraid) to draw the obvious conclusion: When a Republican ceases to vote with the party even on the most critical, bedrock, GOP issues — such as the porkapalooza “stimulus” package and TARP II (pure, unadulterated socialism possibly leading to Venezuela-style nationalization of the banking system) and potentially even the “card check” legislation (forced unionization of workplaces, whether the workers want it or not) — then it’s time to dump that Republican in a primary, even if that means a more liberal Democrat is elected.

Why swap King Log for King Stork? Four reasons:

1. Even if Specter votes with us on a small handful of less important issues, his presence so muddies the GOP message that it will sap the strength of the party for many election cycles, resulting in a much more catastrophic ultimate collapse than if we simply amputated the gangrenous limb right now.

You can’t beat something with nothing. Socialism has a well-defined philosophy of governance — “Everything inside the State, nothing outside the State,” as Mussolini put it — and their agenda flows directly from that. They have their economic theorists (from Keynes all the way to Marx), their military theorists (from Pelosi all the way to Murtha), and their political theorists (from Ayers and Alinsky to Hillary to Samantha Power to Rahm Emanuel).

If Republicans present muddled messages; if they talk about fiscal responsibility but vote for wildly irresponsible budgets; if they say they support freedom of choice but vote to eliminate the secret ballot in union elections; if they say the most urgent foreign-policy task is to defeat terrorists and Communist extremists, but then they vote to confirm cabinet officials who attack Israel, who apologize for America acting in America’s interest, and who kow-tow to Iran, North Korea, and Russia… then how can we possibly ask voters to throw out the Democrats and vote for us? Voters don’t even know what Republicans stand for, other than saying No to all the “free money” that Democrats want to give everyone (well, everyone who is a reliable Democratic voter-donor, anyway).

Republicans like today’s Arlen Specter make it virtually impossible for the GOP to get its message out — because nobody within the GOP can reconcile the dichotomous messages of the different Republican factions. Some “diversity” of opinion is fine — but not on bedrock Republican issues, such as a strong national defense, individual freedom, limited government, traditional moral values, and Capitalism. One by one, we must send the thunderous herd of RINOs packing.

2. If Specter moves hard left yet still retains support from the Republican establishment, then won’t he do it again and again, with every vote? If he’s Arlen Specter today, he’ll be Lincoln Chafee next year — and Jumpin’ Jim Jeffords the year after that.

Like in Texas Hold ‘Em: If you’ve got nothing, but you call a raise anyway — hoping to improve with the next card — then what are you going to do the next round of betting, when your opponent raises again? You have fewer chances to win, but you’re much more deeply invested than the last round, and you may feel even more desperate to defend your rotten hand.

At this point, the entire Republican establishment is lining up behind Specter; they have an awful lot invested in that one senator, the ranking Republican on the Judiciary Committee and number-two Republican on Appropriations. So if next month, he is the swing vote that takes away free and fair union elections or opens the door to a return of the inaptly dubbed Fairness Doctrine, the GOP establishment will probably remain behind him.

And if later in the year, Specter provides the critical vote that brings about socialized health care, overturns the ban on partial-birth abortion, overturns the Defense of Marriage Act, or enacts a full-blown amnesty for illegal immigrants (not merely the plea-bargain authored by McCain), well, the committee heads, the minority leader, and Party Chairman Michael Steele will probably be “pot committed” to back him even then. They’ll tell Pat Toomey, Specter’s likely rival in the GOP primary in Pennsylvania, to go boil his head… despite the fact (or because of it) that Toomey nearly bumped off Specter in the 2004 GOP primary.

And then what do they do when, immediately after winning reelection in 2010, Specter turns his coat and becomes a Democrat — but doesn’t change any of his positions? How can the Republican establishment justify dropping their support for old Arlen?

Specter must be sent packing now, in the 2010 primary… even if the Republican candidate loses. We won’t be any worse off on the most critical issues than we are right now.

3. The establishment likes Specter because they believe he will be more electable than any conservative replacement on the ticket; but it’s actually an open question whether Specter is electable at all today.

For one thing, he has so alienated Pennsylvania Republicans that he will almost certainly get a much smaller percentage of the GOP vote this time than back in 2004. At the same time, the Democratic registration edge over Republicans in that state has doubled. Even if Specter goes heavily liberal, he won’t be as acceptable to the Left as whoever is the Democratic nominee: In a race between a Democrat and a “Democrat,” the Democrat usually wins.

I think it boils down to this. I believe 2010 will be an expectedly unexpectedly Republican year: Expectedly because it’s an off-year election, and those usually result in election losses for the incumbent party; unexpectedly because everyone and his monkey’s uncle seems to believe that Democrats are now and will remain invincible for the next thirty years.

I don’t accept the latter meme. I believe that public reaction will be very strongly negative to the socialist agenda of President Barack H. Obama and the corrupt and incompetent congressional Democrats. I believe we will end up winning a number of races that are written off as hopeless now… but only if we have a candidate who is not compromised by his own complicity.

If, on the other hand, I’m wrong, and it’s not a Republican year — then Specter is toast as well. So what difference does it make? We need to give Specter the boot in the primary, and the Republican leadership should lead the way; thus we’ll be ready if 2010 is a better year than expected — and poised if the turnaround year is 2012 or 2014, instead.

4. “Pour l’encouragement des autres,” as I believe Voltaire said.

This one is really simple: If we can knock off an old warhorse like Arlen Specter for deviating too far from mainstream Republicanism — even if his conservative replacement on the ticket loses the general election — that will put the fear of God (or at least the fear of GOP) in other putative “moderate” Republicans. If Lisa Murkowski (R-AK, 67%), or Dick Lugar (R-IN, 60%), or Susan Collins (R-ME, 30% !), or Olympia Snowe (R-ME, 28% !!!) is defeated in a primary election, it doesn’t help the dumpee if the Democrat subsequently wins the general election; dumpee is still out pounding the pavement, perhaps holding a sign reading “will compromise ethics for praise in the Times.”

To quote Bill Clinton (talking to some other jackanapes), It’s time for Arlen Specter to go. It’s time for the Republican conference to grow a spine and back strong challengers, whenever the incrumbent Republican does nothing but give ammunition to the Democrats. It’s time for Republicans to pay as much attention to party loyalty as the Democrats do: We should not allow officeholders to call themselves Republicans when they disagree with American GOP voters on the most fundamental aspects of Republicanism.

It’s time, in short, for Republicans to stop being the “party of orderly succession” and become “the party of consistency, clarity, and honesty.”

It’s only then, I believe, that we can become “the party of winning elections” once more.

Hatched by Dafydd on this day, March 2, 2009, at the time of 5:52 PM | Comments (2) | TrackBack

January 13, 2009

George Voinovich Retiring. Can We Get a Republican Instead?

George Voinovich (RINO-OH, 48%) has announced that he won’t run for reelection. He joins Mel Martinez (R-FL, 80%), Sam Brownback (R-KS, 95%), Kit Bond (R-MO, 83%), and possibly Kay Bailey Hutchison (R-TX, 88%) in the list of Republican senators who have either announced they won’t run for reelection in 2010 or, in Hutchison’s case, appears ready to resign to run for governor of Texas.

Voinovich has been a thorn in the eyes of the GOP for his entire tenure as U.S. senator. Probably for that very reason, his prospects for reelection in 2010 were already dicey.

While Voinovich gives the usual phoney-baloney reasons for not running for reelection — wants to do the work of the people instead of campaigning, wants to spend more time with his family, yak blah — the real reason for his departure may be somewhat more prosaic:

In announcing that he would not seek another term, Mr. Voinovich avoids what could have been a difficult re-election fight. As recently as December a Quinnipiac University poll found that fewer than half of all voters in the state — 44 percent — said he deserved to be elected to a third term. And voters were nearly evenly split on the question of whether they would vote for him or an unnamed Democrat.

Voinovich won handily the last time he ran, winning by 64 to 36 against Mike Fingerhut; but this was in 2004, during Bush’s successful reelection. He also won fairly easily the first time he essayed the Senate in 1998, 56 to 44; in that election, he “ignored” (Michael Barone’s word) the attacks of his opponent, County Commissioner Mary Boyle, and ran on his record as Governor of Ohio, winning the seat vacated by American hero turned Clinton lickspittle John Glenn.

But in the new, more Democratic Ohio of 2006 (Sherrod Brown beats Mike DeWine at the peak of the Ohio GOP scandal) and 2008 (Ohio narrowly goes for Barack H. Obama as the financial “cratering” — George W. Bush’s word — looms); with tepid polling; and with Voinovich being already 72 years old (74 when the next election is held), he evidently sees the “mene mene” on the wall.

But I’m not convinced that the public is rejecting Voinovich because, with his 2007 48% rating from the American Conservative Union, is too conservative. It’s much more plausible that his low ratings derive from Republican reluctance to reelect yet another tax-hiking, gun-grabbing, war-defeatist surrender monkey RINO back to the Senate.

I’d love to see an actual Republican run to replace him in what used to be the Republican state of Ohio. The question is, can an actual Republican be elected? I say Yes, Rob Portman can — for reasons detailed below.

The $1.2 trillion question is this: Has Ohio fallen fully under the sway of the Dark Side, or was 2008 just a “Democratic year,” with the normal pattern of favoring the “out” party returning in 2010? Is a GOP election victory in Ohio even possible?

First, note that Obama beat John S. McCain there by only half the margin (4%) last year that Sherrod Brown beat Mike DeWine by (8%) in 2006. While there certainly are confounding factors, I would imagine that Obama nevertheless was at least as appealing a candidate to Ohioans as Brown… implying that the taint of the Gov. Robert Taft corruption scandal and the Jack Abramoff-related scandals in that state may not be long lasting.

Whether or not a real Republican can win, I still want to see a more conservative — or libertarian-conservative — nominee for the Voinovich seat than the departing man himself. At the very least, I want to see what happens, how well an actual Republican like Portman does in that state. I suspect that he will begin with an approval rating north of Voinovich’s current 44%.

Rob Portman is, in fact, the supposed favorite to replace Voinovich on the GOP ticket; Portman is the former director of OMB under President Bush and a former Ohio congressman:

Among those who are reportedly angling to replace Mr. Voinovich is a former Ohio congressman, Rob Portman, a Republican who served as director of the Office of Management and Budget and United States Trade Representative during the Bush administration.

Mr. Portman has not yet announced his candidacy, but Matt Miller, a spokesman for the Democratic Senatorial Campaign Committee, sought to pre-empt him on Monday.

“It’s jaw-dropping,” Mr. Miller said, “that Republicans would seem to turn to a Washington insider like Rob Portman who was one of the architects of the Bush economic policies that have run up trillions in deficits and shipped jobs overseas.”

That “trillions in deficits” argument may not fly as well as a pig in 2010, after two years of Barack Obama’s “stimulus” package.

Portman’s last ACU rating (2004) was 88%, nearly twice that of Voinovich. Everyone seems to “expect” him to declare his candidacy today. He won all of his elections (general and primary) easily; but the second district of Ohio is staunchly Republican: Portman’s successor, Jean Schmidt, even won in the debacle year of 2006 (albeit narrowly), then won reelection more substantially last year.

Even so, my intuition tells me that we’re considerably better off in 2010 running Portman than Voinovich in the senatorial election, for all that we’re swapping an incrumbent for an open seat.

The other states mentioned where Republican senators have decided not to run in 2010 (or in Hutchison’s case, might decide to resign) seem reasonably safe to me: Only Florida went to Obama last November, and that extremely narrowly; Kansas and Texas were solidly for McCain, while Missouri remained red in the election’s closest squeaker, 0.13%. But no congressional seats changed parties in MO in the 2008 election. (Several did in Florida, but they were nearly all attributable to the individual Republicans being personally enmeshed in either the Mark Foley or the Jack Abramoff scandals.) I don’t see any projectable trend in those states from red to blue.

So far, at least, the retiring GOP senators have probably done us more good than bad by getting out now. I think that’s certainly the case for Sen. Voinovich.

Hatched by Dafydd on this day, January 13, 2009, at the time of 1:53 AM | Comments (0) | TrackBack

October 1, 2008

While Washington Wilts, Soros Schemes

With the failure of the intricately worked-out compromise bill to rescue the frozen credit market, torpedoed on Monday by House Republicans and many House Democrats — the former on ideological grounds, the latter because they didn’t want to be left holding the baggage — the hard Left is vulturing down from the trees to muscle into the hand.

George Soros, who I believe needs no introduction, now proposes his own version of a bailout — a real bailout, not a “buy out” or rescue — according to an article by Alexander Bolton in the Hill:

Soros has outlined his plan in an opinion editorial in the Financial Times and circulated a concept paper among decision-makers.

Specifically, the liberal philanthropist has proposed that government funds should be used to recapitalize the American banking system by purchasing equity in banks and investment firms.

Let’s be clear: What Soros proposes is for Treasury to “recapitalize” the banks by buying about $500 billion of equity in them. From George Soros’ opinion piece in the Financial Times:

This is how it would work. The Treasury secretary would rely on bank examiners rather than delegate implementation of Tarp to Wall Street firms. The bank examiners would establish how much additional equity capital each bank needs in order to be properly capitalised according to existing capital requirements. If managements could not raise equity from the private sector they could turn to Tarp.

Tarp would invest in preference shares with warrants attached. The preference shares would carry a low coupon (say 5 per cent) so that banks would find it profitable to continue lending, but shareholders would pay a heavy price because they would be diluted by the warrants; they would be given the right, however, to subscribe on Tarp’s terms. The rights would be tradeable and the secretary of the Treasury would be instructed to set the terms so that the rights would have a positive value.

Private investors, including me, are likely to jump at the opportunity. The recapitalised banks would be allowed to increase their leverage, so they would resume lending. Limits on bank leverage could be imposed later, after the economy has recovered. If the funds were used in this way, the recapitalisation of the banking system could be achieved with less than $500bn of public funds.

This is precisely the breach in the wall of separation between bank and State I most fear — on steroids. With half a trillion dollars of money to swing, we could probably buy a controlling interest in the top dozen or score financial institutions.

Soros does not say whether this equity interest would include voting rights; but in practice, the 800-pound gorilla doesn’t need voting shares to bully the institution. For example, imagine the next Democrat in the White House (Barack H. Obama or someone later) issuing an executive order to divest all equities from banks that do business with Israel, as a way to pressure Israel to sign a suicidal agreement with Hezbollah.

No matter how much of the actual vote the private investors retain, the threat to dump 30% or 40% of the company’s stock at fire-sale prices, thus tanking the rest of it, would likely be enough to “encourage” the BoD to obey orders.

I’m not entirely clear what Soros means by “warrants.” Does he mean what amount to stock options, so that the Treasury can buy even more stock in the future at the same price, even if by then, the share price has risen? (That’s at least one common financial use of the term “warrant.”)

If so, this is a license to loot the financial institutions exactly the way that so many top executives do: By bargaining for a huge stock-op package, running the share price up by flakey (but temporary) accounting, and then quickly exercising the options and selling them in the same transaction — before the funny CPA tricks become known and the stock plummets. After selling the stock ops high, the exec could even turn around and short a bunch more stock, knowing that the financial shenanigans are bound to come to light soon.

Soros made many of his billions in currency exchanges, which are highly manipulable by political lobbying; he is very experienced with pushing prices up when selling long and down when selling short; he is known as “the man who broke the Bank of England.” Thus it’s hardly surprising that he wants Treasury to implement the equity scheme he advocates; if it’s implemented, he himself admits (in this very opinion piece) that he intends to profit massively.

As he put it, “Private investors, including me, are likely to jump at the opportunity.” The opportunity to do what? To pull billions of dollars out of the banking industry… which appears to be just what he wants the feds to do, but on a much grander scale.

According to the Hill, he has already presented this scheme to Barack Obama, the man he has long supported for president, and to Rep. Jim Moran (D-VA, 95%), the earmark-loving, Murtha-supporting Democrat who famously blamed the “Jewish community” and the American Israel Public Affairs Committee for our invasion of Iraq:

Democratic Rep. Jim Moran (Va.) scheduled a meeting Tuesday afternoon with Robert Johnson, a former manager of the Soros Fund Management, to discuss the proposal.

Moran compared the proposal to Warren Buffet’s $5 billion investment in the investment firm Goldman Sachs Group in return for preferred stock and warrants to buy common stock at a discount. [There you go; evidently, my guess above is exactly what Soros means by “warrants.”]

Soros has also contacted Sen. Barack Obama’s (D-Ill.) presidential campaign to share his views on the financial crisis and the best way to solve it.

Bolton in the Hill notes that Soros is determined to shift the House debate from the Paulson-Bernanke plan to the Soros scheme:

Soros, who is widely regarded as a financial wizard, could jumpstart congressional negotiations in a new direction, especially now that some strategists believe the Paulson-based plan that failed Monday will be difficult to revive.

One banking industry lobbyist said it would be very difficult politically for Republicans who voted against the package Monday to change their minds and vote for it a few days later. More than two thirds of the House Republican conference voted against the plan, which failed by a vote of 228-205.

Soros is also “widely regarded” as a leftist crank who has consistently predicted the collapse of Capitalism (even while he reaps billions from legal but morally questionable currency and stock manipulation). Besides his overt political support for the left, Soros created and heavily funds the Open Society Institute, a screamingly leftist grant-dispurser with more than $850 million; it funnels millions of dollars each year to such “nonpartisan” groups as NARAL, ACORN, La Raza, MoveOn.org, the Lynne Stewart Defense Committee, the Death Penalty Mobilization Fund, and the Death with Dignity National Center. (Evidently, Soros supports the death of the innocent, but never the guilty.) You can read a somewhat more complete list of groups funded by the OSI, thus by Soros, here.

Anything he proposes is going to be designed not only to push more socialism and Statism — both of which directly benefit his personal financial portfolio — but also designed to improve his future business prospects by electing a much more left-liberal Congress in November.

So now we have a race: The Senate may be about to vote for the Paulson-Bernanke bill with a couple of sweeteners — some minor and temporary tax relief to pique the interest of a handful of Republicans, and even more low-cost housing mortgages for the poor, to drag in those liberal House Democrats who rejected the bill because it retains our generally capitalist economy.

But at the same time, the Soros scheme for the federal government to buy the banks (unadulterated liberal fascism, in case you missed the point) is making the rounds of influential Democrats, such as Jim Moran — who has the ear, and perhaps the earmarks, of Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 93%).

Which side wins? I suppose it must depend upon whether Democrats want to run on fiscal responsibility — say, by nominating Hillary Clinton — or on a platform of massive but unspecified and decidedly liberal “change;” to more and more Statism; to curtailing freedom of speech; to criminally prosecuting political differences; to enact huge tax increases and even more gargantuan spending hikes; and to deprivatize and nationalize as much of the economy as possible. The party might signal the latter by nominating an anti-Hillary… say, somebody who has argued in favor of all these OSI-type ideas; somebody who has a background in street-level leftist organizing, deep friendships with anti-American revolutionaries and radicals, and a voting record to match.

The Democratic House has the power to pass whatever it wants, if Pelosi makes the vote a “party discipline vote” this time. It’s entirely in her hands, though anything really bad probably wouldn’t get through the Senate. Again, everything hinges on whether House Dems are more interested in solving the problem or exploiting it in the election.

Neither of these indicators comforts me.

Hatched by Dafydd on this day, October 1, 2008, at the time of 5:03 PM | Comments (8) | TrackBack

September 29, 2008

For Those Who Still Think Republicans Can Win the Blame War…

You think so? You really think that the American people will somehow realize that it’s all the fault of the Democrats — which it is — in time to vote for John S. McCain and Republicans in Congress?

Watch this… but watch it from the perspective of someone who doesn’t already know the history behind the collapse of the mortgage market. This is the infamous pre-vote speech by Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 93%). But don’t watch it saying, “Oh, such lies! We all know what really happened,” because we don’t “all know” what really happened; most people have not heard anything but the liberal, anti-free-market narrative.

I am particularly thinking of Hugh Hewitt.

If speeches like this one from the Squeaker is all that voters hear, imagine what they will think. And believe me, for at least the next few weeks, this is all they will hear: The vast majority of undecided voters still get their news from elite-media sources… not from blogs (which reach a tiny number of people), nor from talk radio (whose listeners are already for the most part in the Republican camp).

Make your mind a complete blank on things you have learned from Rush or Hugh or Michael Medved, everything you’ve read on Power Line or Instapundit or Patterico’s or Wolf Howling — or even here. Just watch and tell me: Does Pelosi come across on this video as a raving left-winger, a bomb-throwing radical, a poison-spewing harpy? Because honestly, I think she comes across as very reasonable and even-handed — even as she fires lie after lie after vile, despicable lie into the heartland:

 

 

Democrats are 8-dan blackbelts at twisting the blame away from themselves and onto us; while we only visit the swamp occasionally, liberals live there 24-7. They’re so good at flinging poo, they even do it among themselves, just for fun and practice.

The most likely response, of course, is that the House Democrats will put all the horrible socialist provisions, stripped out by the HRs, right back into the bill… and then they’ll pass it in the House by attracting back the most radical of the 95 Democratic Dr. Nos.

And the American people will decide that they were right after all: The Democrats (and Barack H. Obama) are the party to trust on economics! And then, years and years down the line, Republicans may have the enormous satisfaction of saying “I told you so.”

But nobody will be listening… because once again, Democrats will blame their own failures in this very bill on us.

Hatched by Dafydd on this day, September 29, 2008, at the time of 4:31 PM | Comments (16) | TrackBack

Did House Conservatives Just Hand the Election to Obama?

They invite John S. McCain to Washington D.C. to get them a better deal on the bailout. They accept his help in negotiating with the Senate. They strongly praise him when the deal is improved, and their own negotiator strongly implies that they will accept it — or at least oppose it only narrowly, so that it will still pass with substantial Republican support.

Then on the vote, perhaps miffed at Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 93%), they betray McCain and instead vote against the rescue measure en masse, triggering a cascade failure that causes the bill to collapse, the stock market to record its biggest one-day drop in decades, and to plunge the entire country — and world — into financial chaos.

…And this leaves the American voter with the sour impression that:

1. John McCain is completely ineffectual even at managing his own party;
2. He is not the person to turn to on economic matters;
3. He is not ready to be president.

Hey, nice strategy, Mr. Conservative! Perhaps next, they can openly question whether McCain should be the nominee and call for him to be replaced by Mike Huckabee. Or Bob Barr. That would make everything much, much better.

The American people are now terrified that they’ll lose everything… and when terrified to this extent, we have a disturbing tendency to turn to the man on the socialist horse, who promises (like Woodrow Wilson, like Benito Mussolini) that a massive government takeover will fix everything and comfort the masses — by relieving them of all future responsibility.

There is now only one chance for McCain to turn this around: He must return to D.C. and somehow, someway, get enough of those ideology-plated “conservative” morons to change their votes — it only takes a few, but they all should do it — that a (slightly) modified version of the bill actually passes.

And this time, when Pelosi, who senses that she can goad and manipulate House Republicans as easily as the hysterical, chained-up dog in the yard next door, gives another insulting, gloating, triumphalist speech, the HRs have to swallow hard and just vote for the damned rescue anyway, even if it wounds their pride.

If they want to introduce more market-based incentives and regulations into the process later, they will have the best opportunity since the era of Newt Gingrich (during which they never bothered to do much about the issue). But for right now, not passing a rescue bill is not only a political catastrophe (for John McCain and even for congressional Republicans) but an economic disaster as well.

Whose fault is it? Certainly it’s as much or more the fault of the Democrats as Republicans. But anybody who thinks the GOP is going to be able to convince the American voter that it’s really Pelosi’s fault (and by extension, Barack H. Obama’s fault), that Republicans can persuade voters to punish Democrats, not Republicans, in November, is living in sin with Prince Nemo in Slumberland.

Logic and rationality fly out the window when voters panic, hysteria and demagogy rule the day. And Democrats are, if nothing else, masters of demagogy in a way that Republicans have never been able to match. If this election becomes a contest to see which party is the better at flinging poo, Republicans will be buried.

To put it in a nuthouse, if the HRs fold their arms and simply say “Nyet” over and over, then we will wake up on Guy Fawkes Day to President Barack Obama — and a 60-vote, fillibuster-proof Democratic majority in the Senate.

I know there are some putative “conservatives” who call for exactly that; they believe that the Democrats will overreach, and in two years, they will recapture the House and Senate… “just like in 1994!”

But I have another date for them to bear in mind: I say the current political mood — if they don’t change their minds on this bailout — is more akin to 1932 than 1994… and there certainly is no Gingrich waiting in the wings, as there was (and already very well known and trusted) in 1994.

The 1932 election was falsely sold as a choice between the “progressivism” of FDR and the “failed laissez-faire capitalism” of Herbert Hoover; in fact, Hoover had enacted virtually every “progressive” policy that Franklin Roosevelt later tried in response to the Great Depression, and neither version worked. Yet not only was the Democrat elected president for the first time in 16 years, but both houses of Congress went overwhelmingly Democratic… and they both stayed Democratic for fourteen long years, through seven congressional elections.

The Democrats continued to hold the White House for twenty years, until 1952; and the only reason Republicans won that year was that Eisenhower, who had never said what party he belonged to while on active duty, declared himself a Republican. Had he declared himself a Democrat, he still would have won; and the Democrats would have continued to hold the White House until 1968, which would have given them a 36-year run.

As of 1946, after fourteen years of a Democratic president and a thoroughly Democratic Senate, seven justices on the Supreme Court had been appointed by Franklin Roosevelt… and the other two (Justice H.H. Burton and Chief Justice Frederick Vinson) were appointed by Harry Truman. All nine justices were Democratic appointees.

Democrats controlled the Court until 1958, when Dwight David Eisenhower nominated his fifth justice, Potter Stewart, ending a twenty-year run of Democratic control of the Court, starting when the Warren Harding appointee George Sutherland retired, and Roosevelt nominated Stanley Reed to replace him.

This period includes one of the worst runs of judicial activism in our history. Yeah, that 1932 election sure worked out well for the Republicans… and so too would the election of Barack Obama, if it comes to that.

And it will come to that, if House Republicans don’t get their minds out of the ideological clouds. Please, for the love of God, stop lecturing us on how the free market would have built a better boat, and start bailing out the water that’s pouring through the hole in the hull. The time to rethink boat-building, which we desperately need to do, is when you’re home safe in drydock… not when you’re rounding the tip of Africa.

But here is a contrary scenario: Obama dithers, blaming Republicans; but McCain immediately flies back to D.C., and by mid-week, he is able to get HRs to agree to a modified version of the bill. The vote is held on, say, Thursday or Friday… and this time, it actually passes.

In which case, John McCain becomes the man on the white (and capitalist) horse who has saved everything… and he might — might — make this rescue work politically as well as economically.

So the ball is now in the court of the House Republicans. They have two choices:

• Continue to be obstructionists — and prepare for a rerun of the horrific 1932 election;
• Become problem-solvers — and help elect John McCain president… and hold their own or even pick up seats in the congressional races, if they can successfully don McCain’s mantle as a principled but practical reformer.

Pick a hand, Mr. Conservative. Which shall it be?

Hatched by Dafydd on this day, September 29, 2008, at the time of 2:53 PM | Comments (13) | TrackBack

May 14, 2008

Mississippi: All Politics Is Loco

Democrat Wins by Running for Protectionism

In Mississippi’s First congressional district, a special election was just held to replace Rep. Roger Wicker (R-MS, 96%), who was tapped to fill the rest of term of former Sen. Trent Lott (R-MS, 86%). Wicker was a strong conservative who typically won his district with 70% of the vote; in 2004, President Bush won the district by 62-37, and by 59-40 in 2000. Nevertheless, the Democratic candidate, Travis Childers, won yesterday by a relatively narrow 54-46, beating Southaven mayor Greg Davis.

The first question is, Why? Is Mississippi turning liberal? Does this indicate Republicans are going to be slaughtered in 2008?

Not necessarily. First, the Democratic Party was again quite clever in selecting a socially conservative populist for its candidate; Childers is just as anti-abortion and pro-gun as the Republican nominee.

Where they differed was mostly in economic policy: Judging by the campaign “news” that Childers chose to put on his website, his main line of attack against Davis was on the issue of free trade vs. “fair” trade — that is, protectionism. Childers pummeled Davis over the Colombian Free Trade Agreement… and he demagogued it to death, saying that if it passed, Mississippi jobs would be “exported” to South America:

Travis Childers, the Democratic candidate for Congress in Mississippi’s 1st Congressional District, today signed a “No New Trade Deals” pledge outside a closed plant in West Point and stressed the need to stand up for Mississippi’s working families by fighting for fair wages and bringing good jobs back to the district.

Childers called on his Republican opponent, Greg Davis, to also pledge not to support new trade deals that unfairly send Mississippi jobs overseas. So far in his campaign, Davis has stayed silent, not denying that he would be a rubberstamp for trade deals like NAFTA and CAFTA that are bad for the region.

“Sadly, my opponent, Greg Davis, continues to stay silent on the most important issues we face — keeping our jobs,” Childers said. “Greg Davis has been silent on trade in the campaign, and so I’m sure he won’t stand up for our jobs in Congress.”

“As an economic leader and small businessman who created more than 1,000 new jobs in my community, I will always stand up for the needs of working Mississippi families,” Childers continued. “I have pledged to fight against unfair trade deals that send our jobs overseas and fight for fair wages so the working people of Mississippi can make ends meet.

So why did this work? Why was Childers able to ride opposition to Capitalism into the Capitol? I think we get a clue from the next paragraph in that “news” item:

Davis recently received the support of a business group known for opposing minimum wage increases and has not said how he stands when it comes to trade deals like NAFTA and CAFTA. And on Davis ‘s Web site, he does not focus on trade, jobs or economic development.

In fact, Davis doesn’t even mention them! Looking at Greg Davis’ own website, under “Issues” — which you cannot reach directly from the front page; think about that — here is the totality of what issues Greg Davis stood for in yesterday’s runoff election:

Taxes and Spending
Make the Bush tax cuts permanent. Bury the death tax. Restrain spending.

[Probably not the best idea to lead off by mentioning President Bush, but at least this is a specific policy that Davis can defend; the rest of his issues are like trying to nail Jell-O to the wall.]

National Security

Support our armed forces by insuring they have the manpower and equipment to fight and win.

[This is so vague that even Democrats could say it; remember when they complained about body armor and jerry-rigged up-armoring of Humvees?]

Illegal Immigration

Protect the border. Enforce our immigration laws. Require proof of U.S. citizenship to obtain taxpayer-funded benefits.

[Democrat Childers also campaigned on taking a “tough stand to stop illegal immigration into our country.”]

Mississippi Values

Defend our values. Support the Second Amendment. Stand up for the unborn.

[Childers is right with Davis on both of these vague issues, along with opposing same-sex marriage.]

Business

Advocating policies that strengthen our economy by focusing on lower taxes, a simpler tax code, fewer regulations, and less government red tape.

[Childers: “Even John McCain said that Congress has been spending like ‘drunken sailors.’ As someone who has been balancing a family checkbook for years and has run two businesses, this defies all common sense. As Chancery Clerk, I balanced 16 consecutive budgets. As Congressman, I’ll fight for balanced budgets and fiscal responsibility.”]

So what, exactly, did Republican Greg Davis do to differentiate himself from Democrat Travis Childers? In particular, what was Davis’ response on the free-trade/protectionism debate?

With Childers hammering Davis on the issue, Davis desperately needed to campaign up and down the state, correcting Childers’ misstatements and fabrications about free-trade agreements and defending in particular the Colombia FTA, which is before Congress at this very moment. But trade doesn’t even appear as an “issue” or campaign news item on his website.

In fact, Googling for about a half hour, I couldn’t find a single statement by Davis on free trade. This is the central policy attack launched against him by the Democrat, and he’s evidently barely responding. This is surreal.

So what “issue” did Greg Davis run on? Oh, a huge one for Mississippi (dripping irony alert):

Davis, the mayor of Southaven, launched a new TV ad this week linking Childers with Obama and Wright.

The ad blasts the Prentiss County chancery clerk for his silence when Wright “cursed America, blaming us for 9/11…

“Travis Childers – he took Obama’s endorsement over our conservative values,” the ad concludes. “Conservatives can’t trust Travis Childers.”

(Alas, as it turns out, Davis was likewise silent about Jeremiah Wright, a fact which Childers gleefully pointed out, of course. Home run for the Democrats.)

Longtime Democratic Speaker of the House Thomas P. “Tip” O’Neill was fond of saying “All politics is local;” he meant that in the end, at least in House elections, people tend to vote not on grand national issue but on local issues: city streets and county roads, public transportation, local businesses, sales and property taxes, and so forth.

There are seeming exceptions, such as the 1994 Contract With America; but even then, the contract had to be sold locally in each district. (It was, which is why Republicans swept into power then.) National goals, like requiring a 60% majority in the House to pass a tax increase, had to be brought down to the local level: Each Republican had to show voters how tax increases hurt them more than they helped.

In this case, from what I can tell from 2,000 miles away, Childers was running an entirely local campaign based on bread-and-butter district issues:

• He attacked free trade by claiming Mississippi-1 would lose jobs;
• He claimed that Davis was in the pocket of Big Oil and other special interests and argued that this meant higher gas taxes, which he claimed Davis had supported;
• He claimed that Davis had opposed funding education in the district.

In response, Davis seemed to hang his campaign on linking Childers to ultraliberal Obama and Wright. When has this ever worked? Certainly never when the local pol has never campaigned alongside the national figure and disagrees with him on numerous issues important to the region.

Didn’t anybody tell Davis that neither Obama nor Wright was on the ballot in his district? If his entire campaign was to tie Childers to Obama, then he had to do something to prove that Childers was somehow like Obama… he had to find a local issue on which Childers was unacceptably liberal, then pound on it like a beatnik on a bongo.

So what is being done by the National Republican Congressional Committee, the arm of the Republican National Committee that is supposed to recruit and help elect Republican candidates for the House? Evidently nothing: Candidate recruitment is clearly lagging (especially in MS-1!) — how many Iraq or Afghanistan war vets are running? how many popular political figures? how many experienced administrators? — and messaging is frankly pathetic.

Here’s Rep. Tom Cole (R-OK, 100%), Chairman of the NRCC, from the NYT article linked above:

Representative Tom Cole of Oklahoma, chairman of the National Republican Congressional Committee, said the party was disappointed and needed to be better prepared to deal with conservative Democratic candidates, but he warned that time is short.

“Voters remain pessimistic about the direction of the country and the Republican Party in general,” Mr. Cole said. “Republicans must undertake bold efforts to define a forward-looking agenda that offers the kind of positive change voters are looking for.”

Yeah; that would be nice.

The NRCC should set up a local task force for every, single endangered GOP congressional district, plus another for each district where the Democratic incumbent is at all shaky. Each task force must determine the major problems in its district, what the voters are most worried about. Then they must craft both policy and messaging that (a) would resolve or at least mitigate the problem, while (b) fitting within the overarching Republican philosophy of trusting individual people, families, and business owners rather than the government.

This is nothing new; in the past, the NRCC has done this very well. But I’ve seen little to nothing of this sort done for 2008… has anyone seen anything?

Then the NRCC should hook up with (or recruit) GOP candidates in each of these districts and work with them to merge Republican policies and messages with that of the candidate. For example, such a task force in MS-1 would have identified voter fears about free-trade agreements, and it would have developed messages pounding home the fact that Colombia can already sell all its goods here without any tariff… but American companies — including those in Mississippi — have tariffs slapped on them when they try to sell American goods in Colombia. And that is what the Colombian FTA would overturn, allowing Americans, even those in Mississippi, to export more products to South America.

They could have worked with Greg Davis to promote job training programs. A campaign could have pointed out that less than 10% of Mississippi jobs are export related, about half the national average. Why should this be?

Together, national and local GOP could have created a hopeful, forward-looking vision: If the state of Mississippi and the counties inside the district were to promote and invest in export industries (chemicals, paper products, and such) by lowering corporate taxes and relaxing some regulations, then with the free-trade agreements already in place, upper Mississippi would start attracting jobs and luring companies to MS-1, not “exporting” jobs and hemorrhaging businesses. They could attract both American-owned companies and also at foreign-owned companies operating in Mississippi.

That is what a local-issues campaign looks like. That is how Davis could have clearly differentiated himself from Childers. He could have presented his bold vision of a reviving and thriving local economy, versus Childers’ defeatist holding action, clinging to the old economy because he’s so terrified of change. Davis could have brought in more Haley Barbour and Bobby Jindal and less Dick Cheney, Barack Obama, and Jeremiah Wright. And I think he would have won; if not, at least he would set himself up for a rematch in November, if Childers turns out to be more liberal than advertised — which is probable, as Childers “grows in office.” (Like Sen. James Webb, D-VA, who now has an 85% “liberal quotient” from the Americans for Democratic Action for 2007.)

Instead, Davis went for a silly scare campaign that nobody believed (Childers is just Obama in drag!) and squandered a conservative district; and the national Republicans were no real help at all — not in pushing Davis to enunciate policy differences, and certainly not in messaging. Wonderful job there by the NRCC.

Tom Cole had the last year and a half to “define a forward-looking agenda that offers the kind of positive change voters are looking for.” Now he has less than six months. I think it’s time for Rip Van Cole to roll out of his hammock and get on the hump… we’ve got some heavy-duty campaigning to do.

Hatched by Dafydd on this day, May 14, 2008, at the time of 6:33 PM | Comments (4) | TrackBack

May 12, 2008

When Harry Met Nancy

A funny thing happened on the way to the fact checker…

AP distributed a very illuminating article today. They compared the major energy proposals of both Democrats and Republicans, in each case reciting the “spin” from proponents — then following with the “facts,” as defined by said checker of said facts.

Here is where illumination sets in: For every single proposal in the Democrats’ plan, the “facts” discovered by AP completely contradicts the “spin” from the Democrats. Viz.:

THE DEMOCRATIC PROPOSALS.

_Enact a windfall profits tax on oil companies.

SPIN: Oil companies are making too much money, earning $123 billion last year while motorists faced soaring gasoline costs. Imposing a 25 percent windfall profits tax on the five largest oil companies and repealing $17 billion in tax breaks could help the shift away from fossil fuels toward alternatives. Taxes could be avoided if profits are used for refinery expansion or development of wind, solar or biomass projects.

FACT: Profits are large because the companies are huge, and oil now sells for well over $120 a barrel. The taxes could spur some new alternative energy projects, but economists say they also could reduce investments in oil and gas exploration, and are unlikely to affect prices. They could do more harm than good, says Robert Hansen, senior associate dean at Dartmouth’s Tuck School of Business. “Anytime you put in a tax you create an incentive to avoid it,” says Hansen.

And so forth. All in all, here are the proposed Democratic policies and AP’s reaction to them:

• “Windfall profits” tax: AP finds that the oil company profits are entirely legitimate and that such a tax would probably backfire;
• Make energy “price gouging” illegal: Nobody can define “gouging,” which means the law will end up being de facto “price controls;”
• “Stand up” to OPEC: With the world oil market (and especially with both India and Red China ramping up industrial production), we can’t force OPEC to pump more oil or lower the price… but we can prompt them to retaliate against us even trying.

But then the elite media turns its gimlet eye to the (cue scary music) Republican policies. Here, the “fact checker” seems to have found a very different pattern: For every single proposal in the Republicans’ plan, AP finds that Democrats in Congress plan to block it from floor action.

In other words, All the Democrats’ proposals are stupid and unworkable; and the GOP proposals cannot pass a Democratic Congress!

Case in point:

THE REPUBLICAN PROPOSALS….

_Develop vast amounts of oil and natural gas in offshore waters now off limits.

SPIN: For a quarter century, energy development has been blocked in more than 80 percent of U.S. coastal waters, depriving the country of vast oil and gas resources. States should be allowed waivers to the moratoria and get some of the revenues from development.

FACT: Most areas of federal offshore waters outside the western Gulf of Mexico and off much of Alaska have been placed off limits to drilling by a succession of presidential orders and congressional action to protect tourist industries and avoid the risk of spills and environmental damage. The House has twice approved giving states the right to opt out of the federal ban.

Let’s run through the Republican proposals and AP’s “fact checking” anent them…

• Pump oil from ANWR: Democrats in the House and Senate and President Clinton have always opposed this, and there’s no indication they’ll accept it now. Besides, while it’s undisputed that we can get billions of barrels of oil from ANWR, it’s still a small amount compared to the total world supply (but a large percent of the American supply);
• Drill in the Gulf and other offshore locations: Stubborn Democrats refuse to allow this, too;
• Build new refineries: Because of the ethanol mandate, oil executives don’t expect much growth in oil demand; so they prefer to expand existing refineries rather than build new ones;
• Coal-based diesel: Runs afoul of liberal global-warming policy to reduce greenhouse gases. (While John McCain supports doing something about “Anthropogenic global climate change,” his plan is nowhere near as draconian as either Hillary Clinton’s or Barack Obama’s.)

So the problem with the Democratic proposals is that they simply won’t work as advertised… and the real problem with the Republican proposals is the absurd politicization of the House and Senate Energy Committees by vindictive and “world-saving” Democrats, as personified by Senate Majority Leader Harry Reid (D-Caesar’s Palace, 85%) and Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 65%).

This analysis sounds so even-handed and mature, I’m shocked, shocked to see it come from the drive-by media.

Hatched by Dafydd on this day, May 12, 2008, at the time of 5:14 AM | Comments (9) | TrackBack

April 12, 2008

Barack Obama – “Liberal Fascist” on Parade

Here’s Sen. O:

Obama, in remarks he planned to make to reporters Friday morning, wants Congress to pass legislation he has sponsored that would require corporations to have a nonbinding vote by shareholders on executive compensation packages.

Under Obama’s legislation, shareholders could not veto a compensation package offered to an executive and would not place limits on pay. Rather, they would have a means to publicly express their position.

A similar bill passed the House last year.

Oh. Well… I turn to my well-thumbed pocket-sized edition of the United States Constitution (I filched it from Sen. Robert Byrd’s jacket while he was gibbering on about his little dog Billy). There’s this section in there, see, that lists what powers Congress has… the only powers. You’ll find it in Article 1, Section 8; but to save you the trouble of looking it up, I’ll quote it here. It’s pretty long, but you can just skim, if you’re in a hurry:

And that’s pretty much all the powers that Congress has. You may notice that nowhere in there does it say that Congress has any authority to order corporations to hold a vote among all their shareholders — non-binding or not — on the compensation packages they offer the CEO or any other corporate officer or employee. If the Senate follows suit on what the House already did, then both chambers will be in egregious breach of the Constitution.

Of course, that possibility holds no terror for members of Congress: They’ve been passing laws that bore no relation to any enumerated power for many decades now, and usually they’re upheld by liberal judges. But that’s not the issue here.

Rather, this proposal of Barack Obama’s is a wonderfully illustrative window into his totalitarian heart. Like all good “liberal fascists,” Obama is not concerned with ancient words written on dead trees. So what if Congress has no authority to do what is necessary… it’s necessary! Enough talk; Obama wants action, action, action!

John McCain at least understands constitutionality: He promises only to use the presidency as a “bully pulpit” to try to shame corporate boards of directors into reining in some of the more outrageous salaries, bonuses, and stock options; and fulminating from the presidential pulpit is certainly within the scope of powers of the president. (Now, if he were to issue an executive order forcing corporations to comply, that would be just as unconstitutional as Barack Obama’s law.)

Nor do I think the Securities and Exchange Commission has any such authority, nor the Federal Trade Commission, nor OSHA, nor any other regulatory regime. I’m pretty sure executive pay is solely at the discretion of the corporation itself, through its officers and its directors. If they choose to put the CEO’s compensation up for a non-binding referendum among the shareholders, that’s their own business (literally).

Neither Congress, nor the president, nor the Court has the right to issue such an order, in my non-lawyerly opinion. There is still such a thing as freedom and Capitalism in this country; and we have a Constitution that restrains government from just steamrolling over private parties or publicly held corporations.

But to Obama, the Constitution is just an obstacle that must be got around or simply ignored. What’s more important, all those “procedures” that limit what government can do to help people’s lives? Or enacting what the masses really want — making CEOs work for no more than the company would pay a journeyman machinist? Action, action!

“President Obama” will try to force his laws through; and if blocked, he’ll issue a whirlwind of royal proclamations (executive orders)… all to “solve problems” using the “third way”… not Communism nor democracy and Capitalism, but just the efficiency of a maximum leader who has his finger on the pulse of America, giving the people what they want without the foot-dragging of democracy or the destructive competition of Capitalism.

Just letting you know what we’re in for, if — out of mistaken support for Mr. Audacity or equally foolish McCain Derangement Syndrome — we allow Senator B.O. to be elected president.

Hatched by Dafydd on this day, April 12, 2008, at the time of 6:24 AM | Comments (8) | TrackBack

April 9, 2008

Between the Lines

It’s never safe to take at face value anything written by the mainstream media about Iraq. You must always tease the real story from the misleading and sometimes completely fabricated “first draft of history” they publish. But even propaganda can reveal the deeper truth.

It’s now clear that Iraqi Prime Minister Nouri al-Maliki and the Iraqi army and Iraqi National Police showed decisive leadership and initiative — perhaps a bit too decisive! — during the recent Operation Knights’ Charge in Basra. Even AP is reluctantly reporting the latest achievement of Nouri al-Maliki… though of course they couch it in dismissive terms:

Prime Minister Nouri al-Maliki’s faltering crackdown [!] on Shiite militants has won the backing of Sunni Arab and Kurdish parties that fear both the powerful sectarian militias and the effects of failure on Iraq’s fragile government.

The emergence of a common cause could help bridge Iraq’s political rifts.

The head of the Kurdish self-ruled region, Massoud Barzani, has offered Kurdish troops to help fight anti-American cleric Muqtada al-Sadr’s Mahdi Army militia.

More significantly, Sunni Arab Vice President Tariq al-Hashemi signed off on a statement by President Jalal Talabani, a Kurd, and the Shiite vice president, Adil Abdul-Mahdi, expressing support for the crackdown in the oil-rich southern city of Basra.

The elite media used to criticize Maliki for not being able to bring other parties together and for not going after Shiite militias (that is, the Mahdi Militia, a.k.a. Jaish al Mahdi, or JAM). It’s true that Vice President Hashemi and Prime Minister Maliki have been bitter rivals; but then, now that Hashemi has decided to support Maliki’s effort, how can the “crackdown” be “faltering?” Rather, shouldn’t it now be called “strengthening” — or even that other favorite media word, “mounting?” (I forgot for a moment: Only problems for Republicans are allowed to “mount.”)

Political players in the Middle East are not known for backing the underdog; the best conclusion is that Hashemi has correctly assessed that the Basra crackdown is working, so now he wants to join the “strong horse.” Of course, the Associated Press has its own defeatist tale of how the Battle of Basra ended:

The Basra crackdown, ostensibly waged against “outlaws” and “criminal gangs,” bogged down in the face of fierce resistance and discontent in the ranks of government forces. Major combat eased after al-Sadr asked his militia to stop fighting last Sunday.

But al-Maliki continued his tough rhetoric, threatening to take his crackdown to the Mahdi Army’s strongholds in Baghdad. Al-Sadr hinted at retaliation, and the prime minister backed down, freezing raids and arrests targeting the young cleric’s supporters.

How can a campaign that ends with the enemy’s surrender be described as “bogged down?” (Thank goodness they didn’t say “quagmired.”) It’s true that Maliki stated that he would halt offensive action for ten days, but not because he was afraid of Sadr’s revenge; if he feared Sadr, he would never have attacked in the first place — or at least he would have stopped the moment he saw that the JAM was stronger than he expected.

But instead, Maliki responded to the fierce fighting by sending reinforcements into the battle and driving the JAM out of their entrenched positions. Now it’s the Iraqi army that patrols the streets of Basra, not the Mahdi Militia.

There’s more, much more that we now learn…

Here is what Bill Roggio (you knew he had to come into this debate somewhere!) has to say about the Battle of Basra:

Subsequent to the ceasefire, the Iraqi military announced it was moving reinforcements to Basra, and the next day pushed forces into the ports of Khour al Zubair and Umm Qasr. Iraqi special operations forces and special police units have conducted several raids inside Basra since then, while an Iraqi brigade marched into the heart of a Mahdi-controlled Basra neighborhood on April 2. And two days after Sadr called for a ceasefire, the government maintained a curfew in Sadr City and other Shia neighborhoods in Baghdad. None of this would be happening had Maliki simply caved to Sadr. [So much for the image of the PM cowering in fear of the sidelined Muqtada Sadr… who is himself still hiding in Qom, Iran, and afraid to show his face even in the Shiite areas of Iraq.]

Maliki’s governing coalition did not revolt over this operation. When the Iraqi opposition held an emergency session of parliament to oppose the Basra operations, only 54 of the 275 lawmakers attended. AFP reported, “The two main parliamentary blocs–Shiite United Iraqi Alliance and the Kurdish Alliance–were not present for the session which was attended by lawmakers from radical cleric Muqtada al-Sadr’s bloc, the small Shiite Fadhila Party, the secular Iraqi National List and the Sunni National Dialogue Council.” The fact that the major political blocs in Iraq’s parliament ignored the emergency session is politically significant, and no evidence suggests that Maliki’s governing coalition has been jeopardized since then.

(Roggio is now posting at a new website you should all bookmark, Iraq Status Report)

The ten days suspension of offensive operations in the south was meant to give militia members time to lay down their weapons and surrender. Operation Knights’ Charge continues against those Iran-trained, Iran-led elements of the JAM that have not stopped their own attacks, according to Roggio, this time writing in the Long War Journal, which he edits.

One of the reasons cited by the elite media to prove that Muqtada Sadr won the Battle of Basra is that Sadr’s followers listened to him and stopped fighting when he told them. But it has become increasingly clear that Sadr himself no longer has operational control over the JAM; those element who were actually fighting against the Iraqi army were under the direct leadership of Iranian Qods Force commanders (the so-called “Special Groups”)… as is Sadr himself, as Bill Roggio notes in the Long War Journal:

Just as the new Iraqi forces began to arrive in Basrah and US and British forces were gearing up to augment the Iraqi military, Muqtada al Sadr, under orders from Iran’s Qods Force, called for his fighters to withdraw from the streets. Sadr issued a nine-point list of demands, which included that operations cease. Maliki refused and Iraqi and US forces continued to move into Basrah and conduct pinpoint raids against Shia terror groups. More than 200 Mahdi Army fighters were killed, 700 were wounded, and 300 captured during the six days of fighting in Basrah alone.

Despite Sadr’s so-called “order” for them to stand down, some of these Special Groups continue to fight… and continue to be driven out. Eventually, they will have nowhere left to flee to except back into Iran, where they came from.

The media have also criticized Maliki for “not making political progress.” Several senators said as much to Gen. David Petraeus and Ambassador Ryan Crocker during the hearings in the Senate Armed Services Committee and the Senate Foreign Relations Committee. But now, as Maliki successfully reaches out to Kurds and Sunni and gains their support, do the MSM praise his effort? (Is that a rhetorical question?)

Of course they don’t. They accuse him of seeking short term political gain for his own interests:

But other motives may have played a role in the crackdown.

Provincial elections are scheduled to be held before Oct. 1 and Shiite parties are gearing up for a tough contest in the Shiite heartland of southern Iraq, where oil-rich Basra and the wealthy religious centers of Najaf and Karbala are prizes.

A successful crackdown in Basra would have boosted the election chances of al-Maliki’s Dawa party and his Shiite allies in the Supreme Islamic Iraqi Council, whose Badr Brigade militia is the Mahdi Army’s sworn enemy.

Let’s pause a moment to ponder that last sentence. Nouri al-Maliki was originally a client of Muqtada Sadr. The Dawa Party has historically been associated with the JAM; opposing them on the Shiite side, as AP admits, has been the Badr Brigades (now Badr Organization and no longer functioning as a private militia), controlled by the Supreme Islamic Iraqi Council (formerly the Supreme Council for Islamic Revolution in Iraq).

So AP says that Maliki attacked the militia associated with his own Dawa Party, rather than the one associated with the SIIC, in order to get more Shia to vote for both Dawa and the SIIC.

This is as creative an interpretation as their line that the Iraqi forces were utterly crushed, and Muqtada Sadr was on the brink of wiping them out and making himself Caliph of Mesopotamia… when he suddenly had a change of heart and surrendered instead.

If that makes perfect sense to you, you’re probably a liberal.

And now, Maliki and the leaders of the other parties in the Iraqi parliament are taking a bold step to isolate the JAM even further — by barring any party that maintains a militia from even contesting seats in the Iraqi provincial elections this coming October. From the same Long War Journal piece linked above:

Less than two weeks after Prime Minister Nouri al Maliki launched Operation Knights’ Assault to clear the Mahdi Army and other Iranian-backer militias in Basrah, the Iraqi government is moving to ban Muqtada al Sadr’s political movement from participating in the election if it fails to disband the militia. Facing near-unanimous opposition, Sadr said he would seek guidance from senior Shia clerics in Najaf and Qom and disband the Mahdi Army if told to do so, according to one aide. But another Sadr aide denied this.

The pressure on Sadr and his Mahdi Army started on Sunday after Maliki announced the plans to pass legislation to prevent political parties with militias from participating in the political process. “The first step will be adding language to a draft election bill banning parties that operate militias from fielding candidates in provincial balloting this fall,” Reuters reported on Sunday. “The government intends to send the draft to parliament within days and hopes to win approval within weeks….”

The legislation is said to have broad support from the major Sunni, Kurdish, and Shia political parties, and is expected to quickly pass through parliament.

This leaves the Sadrists in a pickle: If they disband the JAM, then they’re just another (minor) political party in the Shiite alliance. But if they don’t, they will be nothing but a militia. At that point, Maliki would have even more support for annihilating all trace of the mighty Mahdi Militia from Iraq: They would be the Iranian version of al-Qaeda in Iraq.

But of course, the elite media assure us that Muqtada Sadr won the Battle of Basra, while Prime Minister Maliki was politically ruined.

Yesterday and today, Gen. Petraeus and Amb. Crocker testified on Capitol Hill to various congressional committees. As a glimpse into our political leaders’ understanding of such a crucial issue of the Iraq war and how it relates to the larger war against global caliphism, the transcripts of those hearings are illuminating, frightening, and frustrating.

(The transcript for the House Armed Services Committee hearing can be found here; the transcript for Senate Armed Services Committee hearing here; and the transcript for the Senate Foreign Relations Committee hearing here.)

Judging from the Democratic senators’ questions during General David Petraeus’s testimony before Congress this morning, their understanding of the Basra situation is little better than that of the MSM. For that matter, Democratic senators’ understanding of Iraq itself, let alone the war, is completely outdated: They imagine it’s still 2006, the “civil war” still rages, and a hundred civilians are being slaughtered each day.

But according to Iraq Coalition Casualities, during last month, civilian deaths averaged 27 per day, not 100; but that included the Battle of Basra. February saw only 19 killings per day across the whole country, a drop of more than 80% from the highs of late 2006, before we changed to the counterinsurgency strategy. This stunning turnaround has mostly flown below the Democrats’ Iraq-success radar — which, to be perfectly blunt, is rarely even turned on.

Some of the exchanges are laugh-out-loud funny, such as this between Gen. Petraeus and a certain senator with a “chest full of medals,” during the former’s testimony before the Senate Foreign Relations Committee. The good senator was trying to get Petraeus to admit that our continued presence in Iraq was the only reason that Iraqis have not stepped up to the plate; if we simply walked away, that would make everything much better:

SEN. KERRY: But isn’t there a contradiction, in a sense, in your overall statement of the strategic imperative? Because you’ve kept mentioning al Qaeda here today. Al Qaeda — AQI, as we know it today — first of all didn’t exist in Iraq till we got there. The Shi’a have not been deeply interrupted by AQI. The Kurds —

GEN. PETRAEUS: Oh, sir, they were. They were blown up right and left by AQI. That was the height of the sectarian violence.

SEN. KERRY: I understand that. I absolutely understand that. But it is not a fundamental, pervasive — I mean, most people that I’ve talked to, Shi’a, and most of the evidence of what’s happened in the Anbar province with the Sunni is that once they decided to turn on al Qaeda and not give them a welcome, they have been able to turn around their own security —

GEN. PETRAEUS: And we helped them, sir.

SEN. KERRY: (Inaudible.)

GEN. PETRAEUS: And we cleared Ramadi, we cleared Fallujah, we cleared the belts of Baghdad —

SEN. KERRY: And every plan I’ve seen —

GEN. PETRAEUS: — (inaudible) — Baqubah and everything else.

SEN. KERRY: Every plan I’ve seen here in Congress that contemplates a drawdown contemplates leaving enough American forces there to aid in the prosecution of al Qaeda and to continue that kind of effort.

GEN. PETRAEUS: That’s exactly right, yes, sir.

SEN. KERRY: But then why doesn’t that change the political dynamics that demand more reconciliation, more compromise, accommodation, so we resolve the political stalemate which is at the core of the dilemma?

GEN. PETRAEUS: Sure. No, that’s — sir, that’s a great question. One of the key aspects is that they are not represented right now. And that’s why provincial elections scheduled for no later than October are so important. The Anbar sheikhs, for example, will tell you “We want these elections,” Senator, as they, I’m sure, did, because they didn’t vote in January 2005. Huge mistake.

SEN. KERRY: (Inaudible.) [By this point, Kerry appears to be just making small squeaking noises.]

GEN. PETRAEUS: And they know it. They’ll do much better this time than they did before. More important, even in Nineveh province, where because they didn’t vote you have a different ethnic group, actually, that largely is the head of the provincial council. So again, all of those.

SEN. KERRY: (Inaudible.)

GEN. PETRAEUS: Yes, sir. Thank you.

Here is another exchange, this time with Sen. Barbara “Mrs. Kiss Kiss Bang Bang” Boxer (D-CA, 80%): She seizes an extremely important, even urgent issue in her teeth; and like a deranged Pekingese, she won’t let it go:

SEN. BOXER: If I could say, I agree with you that there are certain factions there that certainly support Iran. That’s part of the problem. But my question is this. Ahmadinejad was the first national leader —

AUDIENCE MEMBER: (Off mike.)

SEN. BOXER: Can you please cool it back there? Ahmadinejad was the first national leader to be given a state reception by Iraq’s government. Iraq President Talabani and Ahmadinejad held hands as they inspected a guard of honor while a brass band played brisk British marching tunes. Children presented the Iranian with flowers. Members of Iraq’s Cabinet lined up to greet him, some kissing him on both cheeks. So it’s not a question about the militias out there. I’m saying, after all we have done, the Iraqi government kisses the Iranian leader! And our president has to sneak into the country. I don’t understand it Isn’t it true that after all we’ve done, Iran has gained ground?

AMB. CROCKER: Senator, Iran and Iranian influence in Iraq is obviously an extremely important issue for us, but it’s very much, I think, a mixed bag. And what we saw over these last couple of weeks in Baghdad and in Basra, as the prime minister engaged extremist militias that were supported by Iran. is that it revealed not only what Iran is doing in Iraq, but it produced a backlash against them and a rallying of support for the prime minister in being ready to take them on. Iran by no means has it all its own way in Iraq. Iraqis remember with clarity and bitterness the 1980 to ’88 Iran-Iraq war.

SEN. BOXER: Yes. Well, that’s my point.

AMB. CROCKER: In which —

SEN. BOXER: And now he’s getting kissed on the cheek. That’s my point.

AMB. CROCKER: And there was a lot of commentary around among Iraqis, including among Shi’a Iraqis, about just that point; what’s he doing here after what they did to us during that war? But Iraqi Shi’a died by the tens, by the hundreds of thousands defending their Arab and Iraqi identity and state against a Persian enemy, and that’s, again, deeply felt. It means when Iran’s hand is exposed in backing these extremist militias that there is backlash, broadly speaking, in the country, including from Iraq’s Shi’a. And I think that’s important, and I think it’s important that the Iraqi government build on it.

SEN. BOXER: I give up. It is what it is. They kissed him on the cheek. I mean, what they say over the dinner table is one thing, but actually kissed him on the cheek. He got a red carpet treatment and we are losing our sons and daughters every single day for the Iraqis to be free. It is irritating is my point.

AMB. CROCKER: Senator, the vice president was in Iraq just a couple of weeks after that, and he also had a very warm reception.

SEN. BIDEN: Did he get kissed?

AMB. CROCKER: I believe — (laughter) — he did get kissed.

SEN. BIDEN: I want to know whether he got kissed. That’s all. (Laughter.)

Perhaps the general and the ambassador can educate this sad crew of media manipulators in motley; but somehow I doubt it.

Dafydd adds: “The Lord helps those who help themselves.” We should begin an urgent project of homeschooling Senate Democrats.

Hatched by Sachi on this day, April 9, 2008, at the time of 7:08 PM | Comments (7) | TrackBack

April 7, 2008

Colombian Red

President Bush is formally submitting the U.S. — Colombia Trade Promotion Agreement (a free-trade agreement, FTA) to Congress today for ratification or rejection; once he does, senators and representatives have 90 days to act. But many congressional Democrats — and a few RINOs, such as Sen. Olympia Snowe (R-ME, 36%) — have already signalled that they will fight to defeat it:

The agreement with Colombia, negotiated in 2006, has become a subject of fierce controversy, dividing Republicans from Democrats and Democrats from one another. Supporters of the agreement argue that, by opening new markets in Colombia for American farm goods, machinery, chemicals and plastics, the pact would stimulate the United States economy at a moment in history when the economy sorely needs it.

Opponents say the agreement would accelerate a depressing trend, encouraging American companies to transfer their manufacturing operations to Colombia and adding to the woes of sagging Rust Belt areas in the United States.

This FTA, signed in December, 2005, by President Álvaro Uribe of Colombia, mirrors the one also signed by Peru, which the Democratic Congress was eager to accept after some minor amendments on labor and environmental issues (mainly accepting a general right to collective bargaining and agreement that Peru would enforce its environmental laws). The House and Senate both approved the Pervian FTA at the end of December, 2007. A similar FTA with Ecuador is on hold while negotiations are frozen.

The case for the agreement is primarily economic, with no serious dissent that the Colombia Trade Promotion Agreement would dramatically increase the ability of American companies to compete in Colombia on a “level playing field” with local companies; this would certainly boost the American economy at a time when that issue is very much on the minds of voters. Opponents assert that it would lead to the “export” of U.S. jobs to South America, though I haven’t seen much of an argument to that effect:

President Bush, who has been speaking in favor of the trade agreement for weeks, conceded on Monday that there could be some harmful effects at home, but he said the benefits would far outweigh them. The United States imports grains, cotton and soybeans from Colombia, much of it duty-free under temporary accords already in place. But American exports to Colombia — agricultural products, automobile parts, medical and scientific equipment — remain subject to tariffs.

“I think it makes sense to remedy this situation,” the president said. “It’s time to level the playing field.” Trade between the United States and Colombia amounted to about $18 billion in 2007.

(As expected, John McCain very much supports the FTA, because it strengthens Capitalism; Hillary Clinton and Barack Obama oppose it for the same reason.)

The Left is very unhappy with the agreement with Colombia, however, because of the ongoing war between the Revolutionary Armed Forces of Colombia (FARC), a communist naroc-terrorist “people’s army,” and so-called “right wing” paramilitaries — which arose in the 1990s to combat the rising power of the FARC, then consolodated in 1997 as the United Self-Defense Forces of Colombia (AUC); this war has led to many murders of trade-union activists… some of whom may well have been (as the paramilitaries claim) fronts for the FARC, but most of whom were only attempting to “organize” peasants and workers — albeit using the traditional strongarm tactics of labor movements everywhere.

But leftist and unionist organizations in the United States and other countries have made these deaths into a human-rights crisis; and while they admit that the killings are very much diminished and the paramilitaries mostly disbanded, they still demand — and the Democrats jump to obey — that Colombia do “much more” to bring the killers to justice before the Left will support an FTA:

President Bush asserted on Monday that approval of the agreement “will advance American national security interests in a critical region,” in large part because Colombia’s president, Álvaro Uribe Vélez, has done much to eliminate internal violence, including attacks on labor activists, and root out the drug-traffickers who for years linked Colombia and cocaine in the public’s mind.

Moreover, Mr. Bush said, Colombia is a vital counterweight to neighboring Venezuela, where the socialist president, Hugo Chavez, is openly anti-American. Many Democrats have said it is important, in view of the attitude of Venezuela, to bolster relations with Latin American allies of the United States.

But Senator Harry Reid of Nevada, the Democratic majority leader, said on Monday that President Bush’s perspective was skewed….

“Many Democrats continue to have serious concerns about an agreement that creates the highest level of economic integration with a country where workers and their families are routinely murdered and subjected to violence and intimidation for seeking to exercise their most basic economic rights. And the perpetrators of the violence have near total impunity.”

Where this argument utterly fails, however, is in the fact that of all recent Colombian presidents, the current one — Álvaro Uribe Vélez, who won by more than twenty points over his nearest rival — has done the most to curb and even dismantle the AUC paramilitaries, and to give unprecedented government protection (bodyguards, security perimiters around their houses and offices, intel from government police) to the very trade-unionist leaders that the Left supports… more than 1500 of them.

Because of these and similar policy changes, deaths of trade unionists and other civilians in Colombia has plummeted almost as much as it has in Iraq. A spokeswoman for Human Rights Watch, testifying before Congress, admitted that killings of trade-unionist leaders has dropped by nearly two-thirds (197 down to 72) from 2001 to 2006; and the first five months of 2007 saw only 13 deaths, for an annual rate of 31… which would be a drop during Uribe’s administration of 84%.

(It’s of more than passing interest that the enemy driving the bloodiest violence in Iraq is Iran… and Iran is fast becoming the closest collaborator with Colombia’s most dangerous enemy — Venezuela and Oogo Chavez. Meet the new thug, same as the old thug.)

Uribe also fought a brutal and very successful war against the FARC and has stood up to Oogo Chavez and his rampaging Stalinism; and I believe this is the real reason the Latin American Left (hence their me-too parrots in the United States) hates Uribe. That, and the fact that Uribe is a great friend of America — the man doesn’t even hate George W. Bush! What kind of Latin American is he anyway? Uribe has embraced Capitalism, and because of that, has led Colombia to an extraordinary GDP growth rate of 7.5% per year.

Worse, he is an apostate from the Colombian Liberal Party. He replaced the largely ineffective Conservative Party president, Andrés Pastrana Arango, who negotiated a calamitous “safe haven” for the FARC, inside of which they were allowed to operate freely (also for another Communist insurgency, the Ejército de Liberación Nacional de Colombia, ELN). Pastrana was rejected after only a single term, and the safe haven for terrorists dissolved.

But an 84% drop in murders and a dynamic growth rate that is lifting all Colombians out of poverty is evidently not good enough.

Despite Uribe’s extraordinary record (or, as I believe, because of it), the Democrats in Congress are trying desperately to stop the Colombian TPA from being enacted… until a Democrat is in the White House, of course. I think it would pass in the Senate, but it’s going to be very dicey in the House: Today on Hugh Hewitt’s show, he asked Rep. David Dreier (R-CA, 72%) about its prospects, and Dreier refused to predict victory.

But if the Democrats do kill the agreement, it will be a potent economic argument for Republicans to use against them in November: On the one hand, they Democrats gleefully proclaim that we’re “already in a recession” (or, per George Soros, de facto kingmaker of the Democratic Party, a “depression“); but on the other hand, they want to raise taxes and prevent American goods from being sold in South America.

The claim that they’re only trying to prevent job losses makes no sense, because Colombia can already sell freely in the United States with no tariff; so if an American company wanted to relocate its plant to Bogota for the cheap labor, they can already do so and still sell to the American market. All that this FTA will do is open up Colombia’s markets to American companies… which would unquestionably be good for the American economy.

Thus, the only logical conclusion to draw is that the Democrats are not only “talking down” the economy, they’re directly trying to drive it down… all just to hurt Republicans in the upcoming elections, without regard to how many American workers and consumers get hurt.

Democratic leaders may find themselves scrambling to defend such anti-Capitalist, anti-American economic policies, given how many Americans are more economically sophisticated than they were just a couple of decades ago. (I blame new media.)

Hatched by Dafydd on this day, April 7, 2008, at the time of 6:35 PM | Comments (1) | TrackBack

March 10, 2008

The Power of the Big Idea: O’Billery Reduced to “Me Too!”

Previous posts in our series about Congress, the Democrats, the Republicans, and earmarks:

1. The Missing Earpiece
2. Has Nancy Pelosi Changed Her Mind About Ears?
3. The Democrats Are All Ears
4. Earmarks? No No… Phonemarks!
5. They’re All Ears… Again

If Barack Obama represents the New Left and “youth” vote, while Hillary Clinton represents the Paleo-Left and gender-feminist vote, how can John McCain possibly compete? Simple, though not easy: He must lock up the “big idea” vote.

Between now and the election, I want to see two big ideas per month come bubbling up out of the McCain campaign — both foreign policy and domestic. Let the Democrats hog the headlines with an increasingly nasty and personal slugfest; McCain will slide into public consciousness with a high-minded campaign of real ideas to solve real, everyday problems bedeviling ordinary people… such as congressional corruption.

And McCain’s off to a grand start. Today, both Obama and Hillary were forced to chime in with a hearty “what he said” on the issue of congressional earmarks, those nasty bits of business where members of Congress steer federal money to specific home-district companies — usually after said companies donate mucho dinero to the senator or congressman. (No, that certainly doesn’t create any suspicion of bribery!)

Democrats Barack Obama and Hillary Rodham Clinton on Monday joined Republican presidential candidate John McCain and a small band of GOP senators in making a run this week against the billions of dollars in home-state pet projects Congress funds each year.

Obama, locked in a head-to-head battle with Clinton for the Democratic nomination, was the first to declare through a spokesman Monday that he would support a one-year moratorium on so-called earmarks when it comes up for a vote later this week. Clinton followed shortly afterward through a spokesman….

South Carolina Republican Jim DeMint, a first-term McCain ally in the fight against pork, is the main sponsor of a one-year ban on earmarks, the term lawmakers use for the pet projects they slip into must-pass legislation.

A vote is coming this week as the Senate debates its annual budget plan. McCain is expected to give a floor speech to rally Republicans behind the idea and to make time in his busy campaign schedule to cast a rare vote.

But the power of the big idea goes even further, for McCain not only supports the one-year moratorium — which many legislators might climb aboard, assuming that after the year is up, it will be business as usual again; John McCain is also campaigning on a stern and readily testable anti-pork policy: He vows as president not to sign any bill that contains earmarks.

This goes far beyond what either Obama or Hillary would ever agree to do… which puts them into the self-defeating position of agreeing with McCain that earmarks are a corrupt scourge — but being unwilling actually to eliminate them entirely. Why? As Jimmy used to say on the Mickey Mouse Club, “because we like you!” Viz.:

McCain is among only six members of the Senate who don’t ask for pet projects. Obama does, though his requests are generally modest when compared to more senior senators like Illinois colleague Dick Durbin, a fellow Democrat.

As for Hillary, the magazine The Hill provides a clue:

Presidential hopeful Sen. Hillary Rodham Clinton (D-N.Y.) has secured more earmarks in the fiscal 2008 defense authorization bill than any other Democrat except for panel Chairman Sen. Carl Levin (D-Mich.)….

Clinton received 26 earmarks worth about $148.4 million total, most of which were also sought by Sen. Charles Schumer (D-N.Y.). Clinton and Schumer agreed several years ago to go after projects together, according to several sources….

According to the watchdog group Taxpayers for Common Sense, Clinton has secured 360 earmarks worth a combined $2.2 billion from 2002 to 2006 in all spending and authorization bills.

Back to the Assocated Press article:

Old-school senior Republicans such as former Appropriations Committee Chairman Thad Cochran of Mississippi have long teamed with Democrats to block moves by McCain to cut earmarks, typically by margins of 2-to-1 or so….

“[The moratorium] sounds like a bad idea to me,” said Cochran. “I don’t think that’s very wise, to give up a constitutional responsibility that is given to Congress.”

Congress has a constitutional responsibility to appropriate money for necessary spending… but it most certainly does not have a mandate to funnel billions of dollars to favorite-son companies as a form of corporate welfare, gleefully picking the winners and losers of what should be a market-based process; while Democrats whine about “no-bid contracts” going to Halliburton (Halliburton! Don’t you understand? It’s — it’s Halliburton!), they’re beavering away at directing megabucks to specific companies — no other bids accepted — that just happen to have plants or headquarters located in the legislator’s home district… and just happen to send some of that same money right back to the member as campaign cash.

Ah, but at least Obama and Hillary are willing to go as far as a one-year moratorium; so they have innoculated themselves against charges of being willing accomplices to corruption and the selling of the Congress — right? Well, not quite; they may have a bit of an ulterior motive:

Pelosi also has many stalwart defenders of earmarks in her party, particularly among freshmen who this year received a disproportionate share of them to tout to voters in what, for many will be tough re-election campaigns.

But she’s helped by the fact that no one expects many spending bills to pass before Election Day anyway, so accepting a temporary ban isn’t much of a sacrifice.

When penance is barely felt, grace barely shines. They can pretend to support an end to ears without actually inconveniencing themselves one bit. And I expect John McCain to be positively scathing in his remarks about Democratic candidates who do not join him in the larger pledge, not to sign any bill that contains earmarks.

The GOP’s failure in the 109th Congress to rein in excess spending, and especially the corruption of earmarks, was probably the single greatest cause of their loss in the 2006 elections. There is no indication that voters will give Democrats a pass on the same issue; if they did, I suspect Congress’ approval rating would be significantly higher than 25%.

It’s high time we had a candidate who would stick the eventual Democrat nominee between the Devil and Charybdis, leaving him in a quandry where he has to cut off his ears to fight his race.

Hatched by Dafydd on this day, March 10, 2008, at the time of 7:39 PM | Comments (5) | TrackBack

February 7, 2008

Follow-Up On the Non-Wimpy GOP

We mentioned earlier today, in McCain Wimps Out – Except That He Really Didn’t, that the Democrats had recklessly linked two completely different and diametrically opposed approaches in their putative “compromise” Senate economic-stimulus bill:

• Extending the tax rebates to disabled veterans and Social-Security recipients who don’t pay taxes;
• Subsidizing home heating bills, extending unemployment compensation, and adding tax cuts for coal producers.

Now, some folks may agree with the second approach — I don’t — but nobody can argue that the government paying for heating oil or making it easier for people to go longer without having to get a job is stimulatory; the first is neutral on the issue, and the latter is actually depressionary. (The coal subsidies were obviously just added to try to lure some Republicans from coal-producing states, such as Wyoming, Kentucky, and Pennsylvania — or maybe because of extortion by Sen. Robert Byrd, D-WV, 80%, who has a history of making such petulant demands.)

But the GOP held firm, refusing to go along, despite — or perhaps because of — Majority Leader Harry Reid (D-Caesar’s Palace, 90%) personally armtwisting Republican senators to vote for the bill. Sen. John McCain (R-AZ, 65%) waited at the airport, ready to cast a vote on the Republican side if it looked as if the Democrats would prevail, but otherwise unwilling to fall into the Democrats’ badger trap.

There was never any danger; Sen. Arlen Specter (R-PA, 43%), who probably needed to vote for the bill because of the coal provision, was allowed to do so; six other RINOs (blue means up for reelection this year) — Sens. Chuck Grassley (IA, 88%), Olympia Snowe (ME, 36%), Susan Collins (ME, 48%), Norm Coleman (MN, 68%), Pete Domenici (NM, 75%), Gordon Smith (OR, 72%) — did so as well, probably because Minority Leader Mitch McConnell (R-KY, 84%) knew the GOP had enough votes. And Sen. Elizabeth Dole (R-NC, 96%) voted with the Democrats, as well. I’m sure several of these dissenters would have been willing (if reluctant) to vote with the party, had the Democrats turned some other Republicans.

The Democrats’ bill failed, as we told you earlier; and now comes word that the Democrats have thrown in the towel… they passed the extension to seniors and disabled veterans — favored by Republicans — as a stand-alone amendment to the bill. The bill itself will now pass in that form, be sent to the House, and quickly pass tonight:

Senate Republicans and Democrats agreed Thursday to add rebates for 20 million seniors and 250,000 disabled veterans to a House-passed economic aid package, ending a partisan stalemate over the plan.

The key breakthrough came when Democrats, under pressure from party colleagues in the House, agreed to drop their insistence on adding jobless benefits, heating aid for the poor and business subsidies, and said they would allow a vote on a plan that merely extends the tax rebates to Social Security retirees and disabled veterans.

I have a dream… actually, it’s more of a prediction. Harry “Pinky” Reid has been the worst Senate majority leader of my lifetime (in the sense of “most incompetent”). He has led the Democrats into multiple failed attempts to surrender in the Iraq war, and continues to insist to this day — despite the stunning turn-around last year — that we have “already lost.” His compulsive intransigence to President Bush’s policies might be defensible if it were sustainable… that is, if Reid could actually stop those policies. But he has failed there as well. He even lost numerous votes on conservative judges that the Democrats despised, including two stellar Supreme Court justices.

On vote after vote, as today, he can’t even find a legitimate compromise to advance Democratic policy by luring enough Republicans to break the filibuster. His whiny, reedy voice and limp-wristed fist-pumping serves only to make him the poster boy for Democratic fecklessness and weakess on the war, the economy, taxes, judges, and on core Democratic issues, such as socialized medicine and open borders.

I predict that if the Democrats do not make substantial electoral gains in the Senate in November, Harry Reid will be out as majority leader by January. This can be either bad or good for us: Bad if they elevate some doctrinaire liberal who is simply a better speaker and more inspiring to the Democratic troops; but good if they decide that enacting policy is more important than fighting repeated last stands to the bitter dead end, on issue after issue.

If they replace Reid with a majority leader who can actually compromise with the Republicans, instead of taking the attitude, “What’s mine is mine, what’s yours is negotiable“… then perhaps we can finally begin moving beyond this political civil war — and move America forward instead.

Hatched by Dafydd on this day, February 7, 2008, at the time of 2:41 PM | Comments (1) | TrackBack

McCain Wimps Out – Except That He Really Didn’t

I suspect the newsmeisters will have you believe that John McCain made a terrible miscalculation by not showing up to vote one way or the other on the Senate Democrats’ “compromise” stimulus package; after all, that’s the Hillary Clinton spin, and by now, we all know the provenance of the benightly news:

Republican presidential candidate John McCain skipped a difficult Senate vote Wednesday on whether to make 20 million seniors and 250,000 disabled veterans eligible for rebate checks as part of a proposed economic stimulus package.

The Arizona senator’s decision to miss the vote appeared to come at the last minute, after his plane had landed at Dulles International Airport outside Washington just before the proceedings opened on the Senate floor.

But let me say this about that: I applaud McCain’s absence; it makes me more, not less, confident that he can whup the Democrats.

The whole charade had one purpose in mind: To trap McCain and other Republicans into supporting the Democrats’ budget-busting, non-stimulatory add-ons to the stimulus package. Their position is as it has always been… What’s that? a crisis? Say, let’s take advantage to cram our unpopular hidden agenda down everybody’s throat! The Democrats are indeed the political profiteering party.

Reread the above description of the vote — “whether to make 20 million seniors and 250,000 disabled veterans eligible for rebate checks” — and compare it to the more, er, honest description a few grafs later in the same story:

Whichever way McCain may have voted, it would have been a difficult choice given his status as the Republican presidential front-runner.

Senate Democrats cleverly bundled the rebates for seniors and veterans, key voting blocs, with expanded unemployment benefits and home heating subsidies for the jobless and poor.

President Bush and Republican leaders, as well as conservatives McCain was scheduled to woo on Thursday, vehemently oppose the expanded benefits and subsidies.

That put McCain in a bad political spot.

Note that home heating subsidies have nothing whatsoever to do with stimulating the economy. And even more risibly, expanding unemployment benefits actually cuts against an economic resurgence, because it allows layabouts to loaf another six months before actually having to go out and get a job.

But when the Republicans defeated this poison-pill proposal (denying the Democrats the 60 votes needed to break a filibuster — the de facto requirement set by the Democrats in the 108th Congress for moving any legislation — look how the usual suspects portrayed them:

“By failing to stand up as the deciding vote, John McCain let our families down,” said Clinton aide Phil Singer. “Tonight’s events prove once again that we need a president who will be ready from Day One to act in the interests of middle-class families and turn our ailing economy around.”

(Despite the fact that, as any economist will admit, the Democrats’ proposal was not in the interests of “middle-class families,” and would not have helped in any conceivable way to “turn our ailing economy around.” But, you know, image is everything.)

So why do I cheer McCain for missing this “critical” vote? Because he quickly saw the trap — and neatly sidestepped it. This declaws the Democratic pit-yorkies: “You cast an indefensible and heartless vote against the poorest Americans!” is a much more powerful attack than “You missed a vote.” (“Sorry, dude, I was stuck at the airport.”) Thus, McCain walks the line between conservative and moderate and avoids being drawn into a no-win mud-wrestling contest with a herd of — Democrats.

That’s actually pretty diplomatic, if you ask me. (And actually, by reading this site, you did indeed “ask me,” didn’t you? Let that be a lesson to you.)

If a president in waiting can’t even sidestep an obvious badger trap set by that master of subtlety, Majority Leader Harry Reid (D-Caesar’s Palace, 90%), how could anyone imagine he would be able to avoid the various pitfalls (and pratfalls) set for him by Vladimir Putin, Oogo Chavez, and José Luís Rodríguez Zapatero? Let alone Fouad Siniora, King Abdullah, and Mahmoud Ahmadinejad.

And in any event, I just love the image of the reedy majority leader crying “Curses, foiled again!” Then perhaps, like Rumplestiltskin (to whom he bears uncanny resemblance), Reid will stamp his foot so hard, it will open a crack in the Earth that will swallow him whole.

Hatched by Dafydd on this day, February 7, 2008, at the time of 3:36 AM | Comments (3) | TrackBack

December 19, 2007

And One More for the Road

On the final day of the first session of the 110th Congress, before the Democrats got out of town, they managed to squeeze in one more humiliation at the brawny hands of George W. Bush:

Congress on Wednesday gave final approval to a plan that will spare millions of middle-class taxpayers higher tax bills for 2007. The White House welcomed the development and said President Bush would sign the bill.

The tax reprieve postpones for one year only an expansion of the alternative minimum tax, a parallel tax system enacted in 1969 to prevent very wealthy investors from using deductions and tax shelters to avoid paying income tax altogether. The alternative tax has ensnared a growing number of middle-class Americans in recent years because the 1969 law was not indexed to inflation….

House Democrats angrily approved the bill after giving in to demands by Congressional Republicans and Mr. Bush that the tax cut not be offset by raising other taxes. Democrats started the year by pledging to make up for the $50 billion tax fix with cuts in spending or increases in taxes elsewhere.

Cave City, here they come…

But listen to this amazingly maudlin whine and cheese party from the Reality-Based Community:

The Democrats repeatedly tried to get Senate Republicans to back a plan that would have imposed new taxes, particularly on wealthy hedge fund managers, but the Republicans refused. Because the lawmakers did not offset relief from the alternative tax, the national debt will increase by $50 billion.

“The only reason this bill is not paid for is because Republicans almost in lock step in both bodies have prevented us,” said Representative Steny H. Hoyer of Maryland, the majority leader, in one of several furious speeches by Democrats on the House floor.

“We are forced today to recognize that we don’t have the votes to pursue the pay-as-you-go principle that we adopted in a bipartisan fashion,” Mr. Hoyer said. “I regret this day and this bill.”

I reckon this never occurred to any of those lapsed members of Taxaholics Anonymous. They should be reading Big Lizards.

Hatched by Dafydd on this day, December 19, 2007, at the time of 9:35 PM | Comments (10) | TrackBack

December 18, 2007

Lame Duck Crushes Christmas Turkeys

I started this post last Thursday; but then I decided to hold it until I saw whether the predictions by the Washington Post and the New York Times would hold. They came through today… so here’s the hodgepodge result combining the ancient past (Thursday the 13th of December) and the distant present (Tuesday the 18th). You’ll take it, and you’ll like it, by God and my right arm!

President George W. Bush — dubbed irrelevant by congressional Democrats after they won a massive 15-seat majority in the House and an even more massive 2-seat majority in the Senate in 2006 — has just won his 2,337th confrontation with the hapless Democrats this year. This time, it was on the Democrats’ tax and spend and tax bill:

House Democratic leaders yesterday [that is, last Wednesday the 12th] agreed to meet President Bush’s bottom-line spending limit on a sprawling, half-trillion-dollar domestic spending bill, dropping their demands for as much as $22 billion in additional spending but vowing to shift funds from the president’s priorities to theirs.

The final legislation, still under negotiation, will be shorn of funding for the war in Iraq when it reaches the House floor, possibly on Friday. But Democratic leadership aides concede that the Senate will probably add those funds. A proposal to strip the bill of spending provisions for lawmakers’ home districts was shelved after a bipartisan revolt, but Democrats say the number and size of those earmarks will be scaled back….

The agreement signaled that congressional Democrats are ready to give in to many of the White House’s demands as they try to finish the session before they break for Christmas — a political victory for the president, who has refused to compromise on the spending measures.

That bill was passed, but not last Friday as expected; the Democrats had to put out some intramural brush fires first. They passed the same legislation today… minus the Iraq-war funding, as the Post predicted:

Lawmakers then voted 206-201 to add $31 billion for military operations in Afghanistan, but the bill includes no money for the war in Iraq. The Senate, as early as today, is expected to add $40 billion for Iraq. The bill would then return a final time to the House.

But here is my favorite part of the Los Angeles Times story… where Rep. Steny Hoyer (D-MD, 90%) complains about being whipsawed by the president:

“In the face of an intransigent president and his allies in Congress, this legislation is the best we can do for the American people,” said House Majority Leader Steny H. Hoyer (D-Md.).

Thank God for intransigence!

Strangely, President Bush has more clout today, with a Democratic congress, than he did in 2004-2006 with a Republican one. But there is actually a very good explanation for that oddity.

When the Republicans were running Congress, Bush was constrained against using his most potent weapon, the veto: Bush, far more than congressional Republicans, follows Ronald Reagan’s 11th commandment — “Thou shalt not speak ill of fellow Republicans” — and it would be a terrible insult for a Republican president to veto legislation approved by a GOP Congress.

This was unfortunate and politically catastrophic, because spending under the 109th Congress, and the 108th before them, rose out of control — though not as fast as if the Democratic proposals had been adopted instead. I believe this was even more the cause of the 2006 defeat than the Iraq war, probably second only to the hot e-mails to pages by former Rep. Mark Foley of Florida.

A threat by a Republican president to veto Republican legislation would have produced a miracle of financial rectitude: As much as Bush did not want to humiliate them, they were even more anxious not to be humiliated. Thus, the mere threat could possibly have reined in the spending… and possibly even saved the GOP majority.

In another example of how the power of the veto can win friends and influence members of Congress, Senate Democrats — desperate to get out of town before Christmas to do some campaigning, fundraising, and heavy partying — gave away the store on the energy bill:

The legislation still includes a landmark increase in fuel-economy standards for vehicles and a huge boost for alternative fuels. But a $13 billion tax increase on oil companies and a requirement that utilities nationwide produce 15 percent of their electricity from renewable sources were left on the floor to secure Republican votes for the package.

The tax measure and the renewable electricity mandate were included in an energy bill that easily passed the House of Representatives last week. But industry lobbyists focused their attention on Republican members of the Senate and on the White House, which repeatedly threatened to veto the bill if the offending sections were not removed. Earlier in the week, Senate leaders agreed to drop the renewable electricity section.

And on Thursday, after a failed effort to cut off debate on the bill, Senator Harry Reid of Nevada, the Democratic leader, announced that he would reluctantly remove the tax provisions as well, clearing the way for passage by a vote of 86 to 8.

That same bill was also passed by a wide margin (314-100) in the House today, having already been passed by the Senate; and it goes now to the president’s desk. (The reason that both majorities are veto proof, of course, is that Bush himself approved the compromise.)

The only disappointment was that the Democrats managed to strip all support for new nuclear power plants from the energy bill:

Nearly half of House Republicans, meanwhile, condemned the legislation as a ” No Energy Bill,” because it lacked expanded access to new oil and gas exploration and failed to include incentives for development of coal or nuclear energy.

“For all the conventional energy sources that fuel this great nation, this is basically a no-energy bill,” said ranking member of the House Energy and Commerce Committee, Rep. Joe Barton, R-Texas.

But even there, Bush beat them like naughty children… because support for the nuclear industry has instead been inserted into the House omnibus spending bill just passed:

But they were not the only ones unhappy with the final product. In their struggle to meet White House demands while preserving some of their priorities, Democratic leaders made changes to their initial spending bills that seemed to anger everyone. Environmentalists were annoyed by a provision allowing the Energy Department to guarantee loans to energy companies for the development of liquid coal and nuclear projects that otherwise could not receive bank financing.

“This is the mother of all gift cards to the nuclear and coal industry,” said Anna Aurilio, Washington director of Environment America.

Last, but not least in the least, the Democrats have finally caved on the awful expansion of SCHIP, the State Children’s Health Insurance Program. SCHIP was originally intended, when enacted in 1997, to offer health insurance to impoverished children; and it was sunsetted to expire in ten years… which means in less than two weeks.

But rather than simply reauthorize it, the Democrats boldly chose to vastly expand it (from $25 billion to $60 billion over the next five years) — and also to extend the program to middle middle- and upper middle-income kids who already have private insurance, but would likely switch to the cheaper government-subsidized plan; and even to expand the State Children’s Health Insurance Plan to upper middle-income adults. This would have been a “great leap forward” to government-run health care, and it will certainly be the cornerstone of a Hillary Clinton campaign, should she win the nomination.

Bush vetoed the legislation; the veto was overridden in the Senate, but the House failed by 13 votes, even though 44 Republicans joined with the Democrats. In response, the Democrats made some cosmetic changes and repassed essentially the same bill (only Yog Sothoth, the Lurker at the Threshold, knows what they were thinking).

But when Bush vetoed the bill for a second time (couldn’t see that coming!), House and Senate Democratic leaders chose not to try to override: They knew it would fail by an identical margin, since it was essentially the same bill. Instead, they have dropped their planned expansion and accepted a 15-month extension of the current program:

But Democrats fell just short of a veto override [the first time], and as the end of the session [and Christmas] approaches, they have agreed to an 15 month extension of the existing program, with extra money added only to cover state budget shortfalls, according to House and Senate aides. If the deal holds, the Senate would vote first on the program’s extension, followed by the House.

Even with this long-term extension, Democrats aren’t letting go of SCHIP as a political issue. They are planning a Jan. 23 veto override vote — just days before President Bush gives his final State of the Union address.

The Democrats may get a shock on January 23rd. The two primary purposes for Democrats to vote for the SCHIP expansion were first, to push us towards government-run health care, and second, to embarass the president and conservative Republicans by making them appear to vote against healthy kids. Thus, it makes perfect sense to them to try to override the second veto in January (“just days before President Bush gives his final State of the Union address“!)

Contrariwise, the primary reason that many Republicans voted with the Democrats to override the veto was the fear of being painted as anti-child if they allowed SCHIP to die. I doubt that most thought the expansion was a good idea, even while they voted for it.

But in January, when the Democrats try to override again, GOP members of Congress will have no incentive to join them… because a deal will already have been struck to ensure that poor kids continue to get health insurance past the next election.

Contrariwise, Republicans will have every reason to oppose a purely symbolic vote whose only purpose is to embarass their fellow Republicans, whose support will be needed in November. I suspect this veto-override attempt will attract a lot fewer Republicans than the last one did, when the future of the SCHIP program itself was on the line; and it will be the Democrats, not the Republicans, who are humbled: The vote in January will be purely a vote to expand SCHIP, not to continue it; the veto override may well get no Republican votes at all.

So first the Democrats caved two or three hundred times on Iraq; then they caved on the huge spending increases they wanted; now they cave on the draconian tax increases they wanted to slap onto the “excess profits” of the oil industry; and they’re just about to fully cave on their latest foray into government-run health care. Bush just ran the table.

As the title says, the “lame duck” president crushed the Democratic Congress so anxious to get the hell out of Dodge in time to raise money, run for reelection, and party like it’s (still) 1999 (generally, Democrats manage to combine all three into a single event). The power of the presidency — and the genius of the Founding Fathers’ demand for a strong executive — is thus reaffirmed.

Hatched by Dafydd on this day, December 18, 2007, at the time of 7:18 PM | Comments (6) | TrackBack

December 7, 2007

The Impasse in Congress: May We Make a Suggestion?

The august New York Times has a snarky article about the inability of Congress to enact, well, almost any legislation at all under the Democratic leadership of Senate Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%) and Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 95%). It seems it’s all the Republicans’ fault — mostly in the Senate — for “blocking” the “Democrats’ legislative agenda”:

As if there was [sic; subjunctive case] any doubt that Congress was on the verge of devolving into a carnival atmosphere, Senator Harry Reid of Nevada, the Democratic majority leader, on Thursday proposed doing cartwheels down the center aisle of the Senate chamber to draw attention to Republican efforts to block legislation.

Here, in the Cirque du Senate, there is trash-talking, whining and finger-pointing, bickering and, occasionally, brief flashes of serious disagreement on policy. [I confess I rather like the epithet “Cirque du Senate.“]

But with the clock ticking swiftly toward the end of the year and a stack of stalled legislation piling up, little is getting done in the Senate these days. And tempers are starting to boil over.

The Times lists several major pieces of legislation that Reid and Pelosi just cannot seem to shepherd through the Congress:

• A bill to ease the “mortgage crisis” (if there really is one) caused by defaults on subprime housing loans;
• Reform of the Alternative Minimum Tax, so it doesn’t “drill a hole in the wallets of 23 million Americans next year;”
• The energy bill;
• The corporate farm welfare bill.
• The federal budget, “which is needed to prevent a shutdown of the government;”

In addition, unpassed bills unmentioned by the Times include:

• The supplemental funding bill for our troops currently on the battlefield in Iraq and Afghanistan;
• Extension of the USA PATRIOT Act;
• Extension of the soon-to-expire FISA reform act;
• The immigration and border-security bill;
• Some acceptable health-insurance bill;
• All of the mandatory appropriations bills, which are not the same thing as the budget bill (and Congress hasn’t passed any of them);
• Earmark reform — though to be fair, I don’t believe this was ever really planned for passage by the Democrats;
• Not to mention fixes to such long-festering problems as the rapidly collapsing Social Security System, Medicare, and Medicaid, none of which has even been addressed by the 110th Congress.

Aside from that, however, the current Congress has been a bundle of legislative energy: They passed an increase in the minimum wage.

Democrats believe they have an explanation:

(Senate Democrats blame Republicans for blocking such bills.)

Rep. Rahm Emanuel (D-IL, not yet rated), former Clinton apparatchik, goes even farther, suggesting the Democrats’ real beef is with the Founding Fathers themselves:

The stalemate is creating sharp tension not only between Republicans and Democrats in the Senate, but also between the Senate and the House, where Democrats have a larger majority and have been more successful in passing legislation only to see it blocked by Republican filibusters in the Senate.

“As an amateur student of constitutional history and as a member of Congress, I have come to the conclusion that the Senate was a historic mistake,” said Representative Rahm Emanuel of Illinois, the No. 4 Democrat.

I’m sure James Madison, Alexander Hamilton, Benjamin Franklin, and George Washington are deeply chagrined at not having performed up to Emanuel’s high standards at that old constitutional convention in Philadelphia. But setting the incompetence of the Founders aside, Big Lizards has our own diagnosis, highlighted by this graf from the Times…

Mr. Reid, who turned 68 on Sunday and power-walks four miles a day, ultimately did not perform any gymnastics. But his fury over the inability to move the Democrats’ legislative agenda seemed to have deepened since Tuesday, when he accused President Bush of “pulling the strings on the 49 puppets he has here in the Senate.”

Well, there’s yer problem right there!

The key difficulty lies in four little words above. The United States Senate currently comprises 49 Republicans, 49 Democrats, and 2 Independents who caucus with the Democrats, giving the Left a 51-49 majority — the smallest possible. Yet what is Reid frustrated at being unable to enact? “The Democrats’ legislative agenda.”

The Times was truer than they thought when they used the phrase: Although the Democrats have only a small majority in the House and the slimmest possible in the Senate, they consistently act as if they have a supermajority: trying to cram odious, humiliating defeats down the GOP’s throat, insulting and belittling them, trying to steamroll them into the ground, and in general, acting as if the minority is of no account whatsoever… as if Republicans didn’t even exist.

You can’t boot the minority in the rear, then expect them to help enact your “agenda.” They’re not dogs who can be cowed and buffaloed by bull-headed, mulish jackassery.

Over and over, the Democrat-controlled House passes “veto-bait” legislation that they know in advance will be utterly unacceptable to the Republicans in the Senate… who, unlike their House compadres, can do something about it; or failing that, utterly unacceptable to the president, who can also do something about it. (Clearly the former is what Emanuel was referring to by saying the Senate was “a historic mistake.”)

But if Pelosi and her posse bulldoze their agenda through the House, knowing that it cannot possibly become law — then it is the Democrats who are “obstructing” legislation, not the Republicans. The Democrats are just wasting their own time… and what is infinitely more insulting, wasting the time of the American people, as President Bush said in his recent press conference.

They’re throwing away the opportunity to accomplish anything, to pass anything, to get anything at all done, just for the chance to grandstand, preen, and say “Oh what a good boy am I.”

Shockingly enough, the current congressional approval rating on Real Clear Politics is 22.5%. Yet even as they set new lows in approval, Democratic egos soar, and they see themselves on a mission:

“What’s frustrating to me and, I think, most of the freshman members, if not all of them, is that partisan strategy seems to be more important than the policy considerations at stake,” said Representative John Yarmuth, Democrat of Kentucky. “We all came here with mandates to change the country.”

Mr. Yarmuth said that he and many other House Democrats wanted their Senate colleagues to force Republicans to spend hours filibustering various bills, to illustrate for constituents why legislation is stalling.

Democrats blame Republican obstruction. “They are filibustering as if they are on steroids,” Mr. Reid said.

“Mandates to change the country.” Into what — France? Do Americans all agree on how to change the country? I certainly haven’t seen any such consensus… but if there is a consensus on change in various areas, it sure doesn’t favor the particular changes the Democrats want to enact: more spending, higher taxes, more illegal immigration, appeasement of Iran, and an American surrender in Iraq.

Not helping matters is the boorish way that Harry Reid belittles the Republicans. The line above about the GOP conference being “49 puppets” of the president is a perfect example: Not only is it something one would expect to flow from a Daily Kos “diary,” not the mouth of the Majority Leader of the Senate — it’s absurd on its face. Sen. Arlen Specter (R-PA, 43%) is just a Bush puppet? John McCain (R-AZ, 65%)? Olympia Snowe (R-ME, 36%) and Susan Collins (R-ME, 48%)? Dick Lugar (R-IA, 64%)? John Warner (R-VA, 64%)?

Worse, Reid managed to enrage a senator who is actually his ideological soulmate on a number of issues. For some odd reason, Arlen Specter didn’t seem to appreciate being called a Bush sock-puppet:

That reference to the Republicans, in a speech on the Senate floor, prompted Senator Arlen Specter, Republican of Pennsylvania, to accuse Mr. Reid of violating a rule prohibiting senators from imputing “any conduct or motive unworthy or unbecoming a senator.”

“It is my view that being called a puppet is in direct violation of that rule,” Mr. Specter said. He added: “I wonder if he is up to the job when he resorts to that kind of a statement, which only furthers the level of rancor.”

Specter, ranking member on the Judiciary Committee and perhaps the third most powerful Republican in the Senate — behind Minority Leader Mitch McConnell (KY, 84%) and Minority Whip Jon Kyl (AZ, 92%) but ahead of Conference Chairman Lamar Alexander (TE, 72%) — almost nakedly says that Harry Reid is unfit to be Majority Leader of the United States Senate. I don’t think I’ve ever seen the like.

But the more important conclusion is the obvious hatred for Republicans, and especially President George W. Bush, that almost visibly dribbles from Harry Reid’s lips. His hatred and intolerance of the Other gives permission to the rest of the leadership and the back-benchers to voice the same bile… and it makes almost impossible the task of working together with Republicans to actually enact legislation.

Simply put, Democrats in Congress believe their life’s mission is to save the world — from Republicans. Not every Democrat, but most of them; and in at least one case, when Joe Lieberman refused to fake Bush Derangement Syndrome… Connecticut Democrats refused even to nominate him for reelection, forcing him to leave the party (and get elected anyway). And yes, I really did hear leftists refer to him as “Jew Lieberman” during the 2006 campaign; and I saw it printed on signs, as well. Along with Republican hatred, Jew hatred has become respectable, or at least fashionable, in many Democratic corners.

And they wonder why they have trouble passing “the Democrats’ legislative agenda” through Congress. Well-a-day.

I suspect the obstructionism will continue — the Democratic obstructionism. I don’t see anything on the horizon that will change things… except, perhaps, the 2008 election.

Hatched by Dafydd on this day, December 7, 2007, at the time of 7:21 PM | Comments (10) | TrackBack

December 6, 2007

Alternative Minimum Tax: May We Make a Suggestion?

The United States Senate appears to have hit an impasse on fixing the Alternative Minimum Tax (AMT), which lunges up out of its grave every year, skeletal hands clutching and grabbing, threatening to snatch thousands of extra dollars from average Americans’ pockets:

A bill that would protect millions of middle-class taxpayers from being hit with a surprise tax increase over the next several months stalled in the Senate today, creating more confusion as filing season approaches.

The bill, intended to stop the alternative minimum tax from ensnaring more and more Americans, was supported by only 46 senators — 14 short of the 60 needed to shut off debate and move to a vote on the bill itself.

Anybody who has ever been gobsmacked by the AMT knows exactly what it is: It’s an IRS punishment for falling into any one of number of obscure (but widespread) categories of taxpayer, including having too many children, living in a state with high state income taxes, or owning in whole or part an incorporated business, large or small — such as a family farm or convenience store.

The AMT was first enacted in the Tax Reform Act of 1969, in a mean-spirited attempt to prevent rich people from taking advantage of the tax breaks that Congress itself had enacted or would enact in the future. “How dare you Bertie Woosters use completely legal means of sheltering your money from taxes!” exclaimed the 91st Congress, with its 57 to 43 Democratic majority in the Senate and its 243 to 192 (56% – 44%) Democratic majority in the House; “We’ll just rescind your rights by setting an absolute minimum you must pay.”

Under the AMT, if you fall into one of the dreaded categories, and if your income tax would otherwise be less than 26% of your adjusted gross income, then your tax is simply jacked up to 26% of the gross… and to hell with your legal right to declare expenses, exemptions, or deductions. (For some taxpayers, the magic number is an even bigger 28%.)

The AMT was originally touted as a way to sock it to millionaire “coupon-clippers,” the “idle rich” who simply lived off of the interest from their investments (like Sen. Ted Kennedy, D-MA, 100%). But in a sneaky bit of legislative legerdemain, the Democratic 91st Congress accidentally forgot to index the AMT to inflation… so every year, more and more middle-income taxpayers find themselves subject to its significantly higher income-tax requirements:

For the 2006 tax year, nearly four million people were subject to the alternative minimum tax, including half of all taxpayers with incomes of $200,000 to $1 million, and 5 percent of taxpayers with incomes of $100,000 to $200,000. Without any change, the tax is expected to hit as many as 23 million taxpayers at an average cost of $2,000, reaching people with incomes as low as $30,000 to $50,000, depending on circumstances.

So what’s gumming up the works? Easy to explain: The Democrats have made a solemn “pledge” of sorts, which they tout as demonstrating their fiscal restraint, not to cut taxes for one bloke unless they simultaneously raise taxes on some other bloke, by at least as much as the tax cut (a net raise is all right).

In other words, Democrats have pledged never to cut our taxes overall; every tax cut must be “paid for” by a corresponding tax increase. Democrats stand foursquare against greedy taxpayers stealing the government’s money via tax cuts.

By contrast, Republicans have pledged not to raise taxes on anyone. Ergo, any plan acceptable to the Democrats is rejected by the GOP, and vice versa.

The current scheme — which would “pay for” the AMT tax cut by raising taxes on private equity funds, hedge funds, and partnerships, which are generally used by evil rich white people — was supported by 44 Democratic senators, plus Independent-Democrat Joe Lieberman (CT, 75%) and Independent-Socialist Bernie Sanders (VT, not yet rated). 48 Republican senators voted against it (everyone but John McCain, AZ, 65%). All five of the presidential candidates who are senators of either party found occasion to be absent for the vote; and Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%) voted against it, just to be able to bring it up again under the arcane and occult Senate rules.

But Big Lizards has a suggestion that will resolve this entire mess. No, really. It’s a solution so simple and obvious, we’re convinced it won’t cross the mind of a single representative or senator…

Indexing the AMT is expected to drop federal revenues by $50 billion for FY 2008; the Democrats say they don’t want to raise the budget deficit by that much (though they don’t seem to mind raising it for other reasons, such as socialized medicine), but the GOP says those taxes were never meant to be collected in the first place and mustn”t simply be shifted onto someone else’s shoulders.

So fine. Why not just cut $50 billion in spending from the anticipated $2.9 trillion federal budget? That’s a trim of just 1.7%… which doesn’t seem so terribly out of reach. Even if we exempt the $717.6 billion in spending related to the military, the war on global hirabah, veterans’ affairs, and NASA, that still leaves cutting the remaining $2.18 trillion by only 2.3%. We can achieve that goal by cutting all other budgets by 2.3% across the board, or by mandating the cut by department and allowing each department head to pick his own victims.

Republicans should be happy, because we’re not simply robbing small investors to pay people with a lot of kids who live in California. And I’m sure Democrats will be ecstatic over the spending cut, because, as they say, they’re only thinking of is fiscal responsibility!

All right, problem solved. See how easy that is — assuming one isn’t a member of Congress?

Hatched by Dafydd on this day, December 6, 2007, at the time of 2:24 PM | Comments (4) | TrackBack

November 15, 2007

Ever Get That Weird Feeling…

Have you ever been talking to some stranger — at a party, at a convention, at work — and everything seems to be going fine… when all of a sudden, you realize the conversation has lurched southwards? You may not even know when it happened; but of a sudden, you feel the same frisson that infused Shelley Duvall in the Shining when she discovered that the entire novel that her husband Jack Nicholson had written consisted of nothing but endless pages of “all work and no play makes Jack a dull boy.” That moment when you realize you’ve been talking to a crazy uncle who escaped from his nephew’s attic. Well…

“Every place you go you hear about no progress being made in Iraq,” said Senate Democratic majority leader Harry Reid.

“The government is stalemated today, as it was six months ago, as it was two years ago,” Reid told reporters, warning US soldiers were caught in the middle of a civil war.

“It is not getting better, it is getting worse,” he said.

It’s almost as if Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%) suddenly started telling us about “tse-tse flies the size of eagles” carrying off young children, which Reid observed during his “nine months in the bush.” [Ten points to the first commenter who knows where the tse-tse fly thing came from.] It begins to dawn on the listener that this isn’t just Reid playing “Democrats’ advocate;” the man truly believes the insanities that he utters.

And that imbues me with an existential terror: If a man with such a tenuous grasp of reality can make his way to the second-most powerful position in the Congress, what does that say about the natural insanity-filters that previously protected us from the worst excesses of parliamentary style democracies? Those filters that are supposed to keep nutbags like David Duke and Ross Perot out of national office — what happened to them?

Every major newspaper and TV news broadcaster in America has been forced by circumstances to admit that, heck, who’d a thunk it, we appear to have turned the corner and be winning in Iraq now. But Harry Reid can’t see it, can’t see any of it: “It is not getting better, it is getting worse.” (Considering that back in April, Sen. Reid announced that “this war is lost,” one wonders how much worse it could be? Is al-Qaeda in Iraq poised to seize control of Kansas?)

• So Reid thinks it’s “worse” now that Gen. David Petraeus, and especially his top counterinsurgency (COIN) aide, Australian Lt.Col. David Kilcullen, have succeeded in turning Iraqi Sunni decisively against al-Qaeda — even to the point of taking up arms against the terrorists?
• It’s “worse” with the ruling Shia now at least trying to prosecute top Shiite political leaders for crimes against humanity? (We’re still waiting to see if this first essay succeeds.)
• It’s “worse” because Iraq’s economy is “surging”, by many measures already significantly greater than it was under Saddam Hussein?
• It’s “worse” even though thousands of displaced Iraqi families are returning to Iraq, especially Baghdad?
• It’s “worse” despite the huge burst of reconstruction projects, which are no longer being bombed by bin-Ladenites who no longer infest Iraq?

This is quite simply a bizarre and worrisome delusion on a level with “Truther” ravings. But Reid is mostly harmless, because his insanity battles against his raging ineptitude: His inability to get even liberal Republicans to sign onto most of his schemes to declare defeat in Iraq and just “move on” is legendary (and a godsend). But if the filters are unable to weed out the broken Reid and the loopy Ron Paul (and his, ah, interesting supporters) — would they also fail to weed out the next David Duke?

Without functioning “sanity shields,” how do we stop an American Ahmadinejad from being elected president, governor, or senator? I don’t fret about a simplistic, unsubtle troll like Rep. John Murtha (D-PA, 65%) or Britain’s George Galloway; they have no sway over the Congress anent their madness. The Democratic opposition to the war is not primarily driven by Murtha, who is out of step with his Democratic colleagues on many other issues; it’s driven by lunatics like George Soros, a multibillionaire money-changer who has both the intelligence and the resources to turn his fantasy into our nightmarish reality.

I worry about the person who is both insane and intelligent, psychotic but smooth talking. We appear no longer to have a press, punditry, or people who first ask “does this guy connect with the real world as we know it,” before asking whether he sounds “sincere.” Sincerity is overrated as a lodestone; people can be sincerely demented.

We could survive a hypocritical, lying, vengeance-driven harpy like Sen. Hillary Clinton (D-Carpetbag, 95%); we’ve had them before (Nixon, Clinton 1.0). But I don’t know that in this age, we could survive a president like Robert A. Heinlein’s “Nehemiah Scudder” or the Dead Zone’s “Greg Stillson” — or alternatively, one of the real-life radical-secularist terrorists of ELF and ALF and infesting International ANSWER.

We desperately need to reinstitute the sanity filter in American politics, asking first whether candidates for public office have all their marbles before we even get to the question of whether we agree with some of their tenets: Republicans are no more helped by Ron Paul than Democrats are by Harry Reid — or than Independents were by H. Ross Perot.

The best weapon against the reality-challenged is of course mockery: Make fun of them. This is not only effective but highly enjoyable. If you’re humorless and dour, a “grim and grisly gruesome Griswold,” then at least you can point out the insanities of the insane.

I know if feels like fighting a cripple; but unlike some guy in a wheelchair, who might make an excellent president (though our only experiment was hardly a raging success), some guy or gal who literally mistakes fantasy for reality is neither cute nor lovable (nor even livable) when he’s sitting in the big chair with his finger on the button. Time to stuff your pity in a sack and loudly beholdest the beam in your mad-uncle presidential candidate’s brain.

On all sides the aisle. Reality is too important to be left to the surreal.

Hatched by Dafydd on this day, November 15, 2007, at the time of 7:35 PM | Comments (11) | TrackBack

November 9, 2007

Fake Post on Attorney General Michael Mukasey

This is a “fake post” because all I plan to do is quote liberally from a New York Times story… then make a stupid, “shaggy dog” joke at the end. So stop reading! Don’t proceed any further, I beg of you… it’s all just a colossal waste of your valuable time.

From today’s Times:

The attorney general’s post became vacant in late August when Mr. Gonzales stepped down. For months, he had faced severe criticism over accusations that political calculations played a part in the department’s dismissal of some United States attorneys last year and over his role in shaping the administration’s policies on torture and electronic surveillance.

Mr. Mukasey was initially hailed by Democrats as a leader who would bring welcome change to the Justice Department. His nomination had been recommended by Senator Charles E. Schumer, Democrat of New York, a member of the party leadership familiar with Mr. Mukasey from his service on the bench in New York.

On the first day of his confirmation hearings, Mr. Mukasey said he would resign if directed by the White House to take any action he believed was illegal or violated the Constitution, winning Democratic praise […”And there was great rejoicing“]. On the second day of his testimony, Mr. Mukasey sidestepped the question of whether waterboarding was torture and also suggested that the president’s Constitutional powers could supersede federal law in some cases […”there shall be weeping and gnashing of teeth“].

Those responses stirred strong Democratic opposition, throwing his confirmation into question.

Sen. Chuck Schumer (D-NY, 100%) appears to have known Michael Mukasey from long back; and Schumer, relying upon his own fond memories instead of the intensive vetting and interviewing they usually use, believed that Mukasey was the ideal man to turn the Department of Justice into the Department of Bush Bashery.

Based on past experience, Schumer clearly expected Mukasey to become a thorn in the president’s eyes, eventually forcing President Bush to reject all of the various “tortures” that he currently allows CIA interrogators to employ:

• Shouting at top al-Qaeda prisoners
• Making them stand at attention
• Waterboarding them
• Even giving them the horrific and internationally condemned “belly slap“

Perhaps, Schumer fantasized, Mukasey’s relentless opposition would force Bush to release all of the terrorist prisoners at Guantanamo Bay into ordinary civilian court, where liberal judges could swiftly dismiss the cases — when the government proved unwilling to yank military leaders from the field to the courtroom and hand over critical, classified national-security documents as the defense demanded.

Surely Schumer daydreamed that he would be able to parlay these dismissals into a campaign theme that Republicans enjoyed torturing innocent people… just for kicks. But suddenly, Mukasey threw a monkey wrench into the ointment. He became a Bushenstein’s monster, making it clear whose side he was really on.

Schumer and the Democrats found themselves trapped in a world they had made: Having brought his name up in the first place and pushed him so hard, they could not turn on Mukasey when they realized how different he was than Chuck Schumer remembered. The senior senator from New York would lose so much face, he’d look like Red Skull. Or maybe Alan Cranston.

Clearly, the Democrats were stunned and hurt by this about-face on Mukasey’s part; and I’m sure they’ve spent many a sleepless night wondering what bribes, threats, or other inducements the president must have offered the Attorney General to get him to switch like that.

But I think they’ve missed an obvious answer: Has anyone ever considered the possibility that… Judge Mukasey simply grew in office?

Well, see, I warned you about this “post” — charlatanism, through and through. But you just wouldn’t listen. And as Larry Niven is wont to say, “not responsible for advice not taken.”

Hatched by Dafydd on this day, November 9, 2007, at the time of 5:55 PM | Comments (2) | TrackBack

October 26, 2007

Mucking About With Mukasey

In our last whack at the contentious issue of the resignation of Attorney General Alberto Gonzales and his replacement (maybe) with “someone better,” I warned that this might not be as easy or successful as 158% of all conservatives swore it would be. “Why, anybody we get would better than Gonzales!” was the usual refrain, as I recall; also, “We just fire Gonzales, then go out and get someone much, much better!”

I played Cassandra then, pointing out that, while I shared many of the conservative objections to Gonzales, replacement proponents were skipping over a critically important step: They had no plan for how to get this “someone better” confirmed by a Democratic Senate… or even supported by a Judiciary Committee chaired by Sen. Pat “Leaky” Leahy (D-VT, 95%), with ranking Republican Arlen Specter (R-PA, 43%).

Why would Democrats support an attorney general who is “better” than Gonzales — from a conservative perspective? The Democrats are enemies of conservativism… they want to hurt or destroy it, not promote it.

In that previous post linked above, “Is AG Designate Mukasey Already Kowtowing to Pat Leahy?”, I worried that Mukasey was already, on the first day of his hearing, giving a number of answers and reassurances to Democrats that I found disturbing (the reassurances, I mean… though I must admit I actually do find some of the Democrats themselves “disturbing” as well):

• He reassured Democrats that he believes that the president “doesn’t have the authority to use torture techniques against terrorism suspects;”
• That he would bar United States Attorneys and other lower-ranking Justice-Department officials from making or receiving calls to “political figures to talk about cases;” thus, local elected officials would not be allowed even to talk to the USA for their district to answer their constituent’s questions about cases of local interest. (This also appears to imply that local Republicans were tainting or biasing cases somehow — an allegation which the Democrats could never support, but to which Mukasey now lends credibility by his ham-fisted answer.)
• That his primary role as attorney general will be to say “No” to the president; “that’s what I’m there for,” he assured Sen. Charles Schumer (D-NY, 100%). [And here I thought the primary purpose of the AG was to execute the laws of the United States of America… not to stop the president from doing anything that offends Chuck Schumer];

• That, in the Department of Justice, “Hiring is going to be based solely on competence and ability and dedication and not based on whether somebody’s got an ‘R’ or a ‘D’ next to their name.”

  Which sounds good, until one recalls that Janet Reno, Hillary Clinton (D-NY, 95%), James Carville, Sandy Berger, and Noam Chomsky all have “competence and ability and dedication;” but are they really good rôle models for top picks in the Mukasey Justice Department? I noted that Mukasey had left off the quality of “willingness… to follow the president’s legal priorities and agendas, rather than ride off on their own quests.”

Mukasey as a “political peace offering” to Democrats, as AP called him on October 17th, was worrisome enough; but his refusal to take a stand on some very important controversies over the next few days was worse. Repeatedly, for example, the Democrats drilled down on what, exactly, constituted forbidden “torture” — in particular, did that prohibition apply to waterboarding, the most successful method of interrogating terrorists we have ever developed?

To which questions, Mukasey answered a resounding and calming “I don’t know.” He claimed not to know what waterboarding was, thus couldn’t make a decision.

Well… the “peace offering to Democrats” appears to be in peril due to that very waffling, for today we have this:

The nomination of Michael B. Mukasey as attorney general encountered resistance today, with some Democratic senators suggesting for the first time that they might oppose Mr. Mukasey if he does not make clear that he opposes waterboarding and other harsh interrogation techniques that have been used against terror suspects.

The ranking Republican on the Senate Judiciary Committee, Arlen Specter of Pennsylvania, joined in the expressions of concern about Mr. Mukasey. The senator said in an interview today the nomination could hinge on Mr. Mukasey’s written response to a series of questions posed to him this week about the Bush administration’s anti-terrorism policies, including its use of interrogation techniques like waterboarding, which simulates drowning.

But what does the Times mean by saying “some Democratic senators?” As it turns out, what they’re obliquely trying to say is that all Democrats on the J-Com — a majority, of course, since the Democrats run the Senate — plus Senate Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%) demand that he specifically ban waterboarding, or they won’t vote for his confirmation:

On Tuesday, all 10 Democrats on the Judiciary Committee sent a letter to Mr. Mukasey asking him to make a clear-cut statement of opposition to waterboarding and to describe it as illegal.

On Thursday, the Senator Majority Leader, Harry Reid of Nevada, was asked by a reporter if Mr. Mukasey should be confirmed in light of his failure to make a statement of opposition to waterboarding.

“We’ll have to wait and see,” Senator Reid said, adding that he had been “troubled” by Mr. Mukasey’s testimony last week. “I think if he doesn’t change his direction in that regard, he could have at least one concern. And that’s me.”

The chairman of the Judiciary Committee, Senator Patrick J. Leahy, said that his vote on the nomination might depend on Mr. Mukasey’s written response to questions about waterboarding. “It’s fair to say that my vote would depend on him answering the question,” he told reporters. [I suspect that Leahy would not be satisfied by Mukasey “answering the question” by rejecting a ban on waterboarding. But I’m probably doing the senator an injustice; I’m sure he is an honorable man; so are they all, all honorable men.]

Alex Swartsel, spokeswoman for Senator Sheldon Whitehouse of Rhode Island, another Democrat on the committee, said Friday that Mr. Mukasey’s views on waterboarding were “the issue could cause the senator to vote against Mukasey.” She said Mr. Whitehouse “wants to see the judge’s answer before he makes that determination.”

So there you have it. The Democrats are making it blindingly clear: The cost for confirming Michael Mukasey is that he promise to make waterboarding illegal in all cases.

Will the president accept this ultimatum? Will he throw away the only means we have of extracting intelligence vital to our nation’s security from the hardest terrorist prisoners… just to make a “political peace offering” to the Democrats? And if he refuses — if Mukasey sticks to his ambivalent, waffling, Kerryesque, “on the one hand/on the other hand” guns — will the Democrats on the J-Com, joined by Arlen Specter, shoot down Mukasey’s nomination, setting us right back to square one again?

Is this what the collapse of GOP support for Gonzales has bought us?

We closed our piece last time with a plea for conservatives to explain to us, in comments here or blogposts or articles elsewhere, why it was, in the end, a good thing that we forced Gonzales from office. So far as I know, none has taken up the angry man’s burden; having accomplished the purpose of getting rid of the hated Gonzales — who stood in the way of mass deportations of all illegals, either directly or by “attrition” (which means starving them out) — conservatives seemed to do naught but congratulate themselves on a job well done… and then just, like the moving finger, move on.

I’ll close this one the same way: Will some conservative who called for the ouster of Alberto Gonzales please step up to the plate and make a reasoned argument why we’re better off now — even if Mukasey agrees to make waterboarding illegal in all circumstances and for any reason — than we were with the admittedly flawed Gonzales?

I’m tired of hearing crickets. Time’s a flying.

Hatched by Dafydd on this day, October 26, 2007, at the time of 5:34 PM | Comments (16) | TrackBack

October 24, 2007

Code Red on Code Pink – UPDATE: Link to Hot Air Video

I first heard about a Code Pink member “confronting” (that is, unsuccessfully trying to intimidate) Secretary of State Condoleezza Rice, as the latter entered a House Foreign Affairs Committee hearing on the Israel-Palestinian Authority “road map.” Something seemed wrong about the confrontation, where the aptly named Pinko waved her red-painted hands in Rice’s face while Rice entered the hearing room.

After poking around, I found this image in an AP story about the hearing:

(The photo seems an eerie echo of the famous Norman Rockwell painting, The Problem We All Live With, of brave, six year old Ruby Bridges being escorted by federal marshals into the whites-only William Frantz Elementary School in Louisiana in 1960. Anyone who knows Rice’s background might find this particularly poignant.)

Rice, of course, simply walked right on past without cringing or even reacting. (Had the Pinko actually tried to grab Condi, I think even Condi-haters suspect the protester would have gotten a Secretarial fist in the face.) But the picture crystalized what disturbed me when I first heard about this: This clearly is not out on the street, it’s inside the Capitol building.

Nobody is standing in between the protester and Secretary Rice… despite the fact that the woman is wearing a Code Pink t-shirt and has her hands painted bloody red. What, nobody suspected a thing? There were numerous other Code Pinks in the area, all wearing trademarked Code Pink type clothing; in the audio, they join in the assault on Rice almost at the same moment, screaming “war criminal” as they lunge at her… and it’s some time before the police can be heard trying to haul them away.

Look in the lower-left corner of the image: A Capitol policewoman stands watching the confrontation but making no move to intervene. Even if we assume she’s just slow on the uptake — why wasn’t she already keeping an eye on a group of people known throughout the town for their disruptive, confrontational, and at times violent protests against Bush administration officials?

And where is security from the House Sergeant at Arms? This is what Wikipedia says about the duties of that officer, currently Bill Livingood:

As the chief law enforcement officer of the House, the Sergeant at Arms is responsible for security in the House wing of the United States Capitol, the House office buildings, and on adjacent grounds. Under the direction of the Speaker of the House or other presiding officer, the Sergeant at Arms plays an integral role in maintaining order and decorum in the House chamber.

The Sergeant at Arms is also responsible for ensuring the safety and security of Members of Congress, congressional staff, visiting national and foreign dignitaries, and tourists. Toward this mission, the Sergeant at Arms works in concert with the Senate Sergeant at Arms, and the Architect of the Capitol. These three officials, along with the Chief of the Capitol Police in an ex officio status, comprise the Capitol Police Board.

From the AP article above, here is the description of the confrontation:

Rice’s testimony was punctuated by Iraq war protesters. As Rice entered the hearing room, one woman rushed toward her and waved her hands – painted blood red – in front of the secretary’s face. The protester shouted that Rice was a “war criminal” and should be taken to The Hague, home of an international war crimes tribunal.

Rice was stoic and continued with her business as the protester was removed. Others were likewise escorted away at the behest of Rep. Tom Lantos, chairman of the House Foreign Affairs Committee.

If you’ll recall, a similar event occurred a couple of weeks ago, when a Senate Appropriations Committee hearing (I believe), chaired by Sen. Robert Byrd (D-WV, 80%), was disrupted by Code Pink; the disruption was allowed to continue for some time before Byrd attempted to restore order. In that case, the protesters actually unfurled a huge banner; it’s hard to imagine how such an item could have been concealed… was it hidden in a protester’s purse?

And it keeps happening over and over again, with MoveOn, Code Pink, NARAL, anti-“globalists,” ELFs and ALFs, International ANSWER, and the entire panoply of whacko environmentalists, peaceniks, Stalinists, and the rest of the army of the perpetually aggrieved. They yell and chant, weep and wail, threaten and frighten, pitch tantrums, and often assault their opponents with various food items, like a bad Monty Python impersonation.

Are we supposed to believe that each and every time, the Capitol policing authorities are caught totally wrong footed? That they never see it coming? It never occurs to them that obvious members of an organization known for violent, disruptive protest — might perhaps be present in force to hold a violent, disruptive protest?

Perhaps I’m imagining conspiracies everywhere, but it honestly seems to me as if the Democrats are deliberately allowing obvious Code Pink protesters into the gallery — and now even into the areas through which administration officials must pass in order to testify — and encouraging Code Pink’s thuggish harassment of Republicans and even moderate Democrats. Democrats evidently think they can win debates by using pet goons to frighten their opponents.

I believe they have instructed the House Sergeant at Arms to allow such protesters into the galleries and hallways, and to let them go on a while before making an attempt to shut them up. I believe the Capitol Police have been told in no uncertain terms not to interfere.

I don’t want to make the obvious historical comparison.

To me, this is an unambiguous attempt at politics by physical intimidation, a tactic Democrats may well have learned at the knees (or kneecaps) of their mentors in the labor movement; in that realm, such intimidation, brutal violence, and even assassination are well-worn tactics, due to mob influence and the criminal mentality of many union leaders. It doesn’t appear to work on administration officials, but it may explain some defections by Republican legislators, some of whom (let’s face it) are creampuffs.

But even if this could be proven, would the reaction by left-liberal Democratic voters be revulsion and condemnation — or cheers and applause?

Hatched by Dafydd on this day, October 24, 2007, at the time of 2:44 PM | Comments (10) | TrackBack

October 17, 2007

Nancy “Deer in Headlights” Pelosi

“Zoom. What was that? That was your speakership, mate. Oh! Do I get another one? No, afraid not.”

(Not John Cleese’s exact words, but close enough.)

Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 95%) has got to be wondering, Where are the show-trials of yesteryear? It was supposed to be such a bodacious debut:

• The war would be aborted, the troops withdrawn;
• Bush aides and cabinet members would be investigated, disgraced, and indicted, one by one;
• The failed “surge,” health care, and tax cuts for the ultra rich would have the entire country cursing the very name of the President.

But somehow — as in a spirit act — the tables turned without a human touch. The war not only battles on, but now, good God, we’re clearly winning! President Bush vetoed SCHIP… and rather than being overridden and humiliated, the head count looks so bad, the Democrats may not even hold the override vote. They’re already spinning like mad about what they’ll do when — oops, I mean if — they lose.

And today, the final indignity: The House once again finds itself probably unable to enact even a simple, non-binding, “sense of the Congress” resolution that condemns the killings of Armenians by the Turks and labels the massacre “genocide.” Republican and Democratic erstwhile supporters are backpedaling from the resolution so fast, they’re creating a backwash that’s squwamping the Squeaker hersquelf:

Worried about antagonizing Turkish leaders, House members from both parties have begun to withdraw their support from a resolution supported by the Democratic leadership that would condemn as genocide the mass killings of Armenians nearly a century ago.

Almost a dozen lawmakers had shifted against the measure over the last 24 hours, accelerating a sudden exodus that has cast deep doubt over the measure’s prospects. Some representatives made clear that they were heeding warnings from the White House, which has called the measure dangerously provocative, and from the Turkish government, which has said House passage would prompt Turkey to reconsider its ties to the United States, including logistical support for the Iraq war.

Until today, the resolution appeared to be on a path to House passage, with strong support from the House speaker, Nancy Pelosi of California. It was approved last week by the House Foreign Affairs Committee. But this evening, a group of group of senior House Democrats had made it known they were planning to ask the leadership to drop plans for a vote on the measure.

Those Democrats pulling away from the resolution include uber-liberal Jane Harman (D-CA, 90%) and (drumroll, please) Mad Jack Murtha (D-PA, 65%).

Look, I’m delighted that so many representatives are suddenly heeding the call of President Bush to act like adults, not petulant teenagers: Turkey is very, very touchy about the genocide charge, which can carry a heavy burden, including reparations and worse — repatriation of bitter, vengeful descendants. They have overtly threatened to forbid United States forces from staging in Turkey preparatory to deploying to Iraq, and covertly threatened to invade Kurdistan Iraq to get at the separatist Kurds there. Both are awful possibilities that would gravely threaten our progress in the war.

But still, I’m driven up the wall and across the ceiling by the same, dumb mistake made by all four sides in this issue: The mostly Democratic supporters of this resolution; the mostly Republican opponents; the Turks; and the Armenians. Simply put, the Turkey that butchered a million Armenians from 1915 to 1918 is not the same Turkey that exists today.

That Turkey was the Ottoman Empire, which began about A.D. 1300, hit its zenith in the 17th century — when, similar to the Roman Empire, the Mediterranean became a Turkish lake — and was abruptly crushed in 1918 when the Ottomans joined the Axis in World War I. The British and Arabs annihilated the Ottoman Empire as the war ended.

Turkey limped along for a couple of years, then was partitioned into various Allied mandates (Britain, France, Italy, Greece, Armenia). Finally, in 1922, Mustafa Kemal Pasha — whom you might better recognize as Atatürk — rallied nationalist forces and drove out the occupying powers, scattered the remnants of the Ottoman Empire, and established a brand, spanking new country: the Republic of Turkey.

The current Republic of Turkey is no more the same country that massacred Armenians in World War I than is today’s Japan the same Imperial Japan that massacred Chinese and Koreans before and during World War II, or than today’s German Republic the same country as Nazi Germany; Angela Merkel is not responsible for the Holocaust; Yasuo Fukuda bears no responsibility for the rape of Nanking; and Abdullah Gül had nothing whatsoever to do with the bloody slaughter of Armenians 90 years ago.

The proper arguments to make are thus…

• Turkey: “We feel absolutely terrible that Turkish-speaking people committed such atrocities several generations ago. Thank Allah that we overthrew that awful, evil government and instituted a modern republic in its place; for now such a thing cannot occur.”
• Armenia: “So long as the whole world remembers this first genocide of the twentieth century, we shall always remember the danger posed by cruel and heartless empires. Three cheers for the spread of Democracy!”
• Democrats in Congress: “We have rewritten our nonbinding, bipartisan, ‘sense of the House’ resolution to attack, not the modern-day Republic of Turkey, but the old Ottoman Empire, the symbol of the terrors of religious tyranny and theocracy… the looming ‘socialism’ of the twenty-first century.”
• Republicans in Congress: “Can we please knock it off with these idiotic, non-binding, feel-good resolutions and actually pass a few appropriations bills? The Senate, the president, and the American people are waiting with bated breath.”

If we could spy into the Speaker’s private office, would we find her cowering under her desk, waiting for the next giant, Monty-Python sized shoe to drop?

I wonder how long until her Democratic troops realize what a dreadful mistake they made electing the Distinguished Lady from Deadhead-land as Speaker of the House. Surely one must imagine that at some point, the Democratic conference will summarily oust Ms. Pelosi and install a grownup, someone who actually has a sense of the priorities of the American people — somebody like House Majority Leader Steny Hoyer (D-MD, 90%).

Until then, buy some peanuts and enjoy the carnival of the jackasses.

Hatched by Dafydd on this day, October 17, 2007, at the time of 4:42 AM | Comments (10) | TrackBack

October 5, 2007

The “Hush Rush” Crusade

I’ve stayed away from this story for days now, on the grounds that everybody else is already covering it. I didn’t think there was much to analyze. It’s completely clear what Rush Limbaugh meant by the phrase “phony soldiers,” which he muttered on September 26th: He was referring to the hit parade of actual, literal phony soldiers — as in fake, fraudulent, ersatz — using phony atrocities to denounce the Iraq (or Vietnam, or Korean) war.

But at least I can post a compilation of everything I’ve read about this flap, so it will be here in one place for easy reference… tell your friends! Link and trackback! Drive up our Sitemeter stats!

Democrats and their willing accomplices in the elite media have been belching forth such slanders of our military for, quite literally, decades now. Here are just a few of the lowlights in the Liberal Hall of Shame:

• Jesse Macbeth, who billed himself as a “Special Forces Ranger” (don’t ask!) and claimed that he and his SFR pals had butchered “thousands” of innocent Moslems, mostly while they prayed peacefully in mosques. In reality, he served for 44 days, then was discharged without finishing basic training. Needless to say, he not only had not witnessed any war crimes in Iraq, he hadn’t even been there.
• Jeff Engelhardt, who claimed to have been an eye- and earwitness to American forces deliberately massacring thousands of civilians in Fallujah, under orders from Command, by burning them to death with white phosphorus. But his own contemporaneous account of his brief time at Fallujah never mentions any atrocity, and it makes clear he was never close enough to be able to observe the “burned bodies” of “children” and “women” that he claimed, in an Italian TV documentary, to have examined.
• Josh Lansdale. Alas, we never reported on Lansdale; but Michelle Malkin did. Lansdale, a medic in the Army Reserve who was in Iraq for a year, claimed to have spent much time in Baghdad, where he said he pulled people out of burning buildings and was wounded in heavy combat. Back home, he cut ads with retired Gen. Wesley Clark, claiming that he (Lansdale) was treated horribly by the VA, whose negligence turned his ankle wound into a permanent disability.

  Alas for Lansdale, subsequent investigation showed that he had never sought treatment through the VA; that he was not wounded; that his unit was never in Baghdad; that they rarely came under any sort of fire; that they were never in combat; and that neither Joshua Lansdale nor anybody else in the unit had ever even seen a burning building in Iraq, let alone pulled anyone out of such a fire.

• Scott Thomas Beauchamp, the New Republic’s dastardly diarist, about whom the less said, the better. (Say — whatever happened to that in-depth investigation TNR was conducting on Beauchamp’s now thoroughly discredited claims?)
• Edward Daily — who claimed to have been a machine-gunner who witnessed an alleged American massacre of Korean civilians in July 1950 at the Bridge of No Gun Ri. Daily was the cornerstone of a 1999 AP series of articles “documenting” this “war crime.” But subsequent investigation showed that he was not a machine-gunner but a mechanic; he was never at No Gun Ri and witnessed no massacres, war crimes, or atrocities; and in fact, he was not even deployed to Korea until 1951, long after the supposed incident.
• John Kerry, the Vietnam Veterans Against the War, and the “Winter Soldier” project; again, the basics of this story should be well known to all of our readers.

I’ve noticed there is a taxonomy of phony soldiers:

• Some are literally lifelong civilians who have never been in the service (as some in the “Winter Soldier” project), but pretend to have been — either to tell fake war-hero stories about themselves… or else fake atrocity stories to attack the service.
• Another group were technically in the military, but they exaggerate their careers to make themselves appear far more important and credible than they actually were. Examples include Sen. Tom Harkin (D-IA, 100%; for years, he claimed to have been a combat pilot in Vietnam… until he was forced to admit he was a ferry pilot who never saw a day of combat), Jeff Engelhardt, Josh Lansdale, and Jesse MacBeth.
• A third group comprises real servicemen who really held the ranks they claimed, were members of the units they claimed, and performed the duties they claimed… but who nevertheless tell fabricated tales of nonexistent war crimes: John Kerry and others of his VVAW co-conspirators are good examples.

I would call each of these groups “phony” because each tries to use a real or fabricated military background to lend an air of credibility to fake accounts of heroism or war crimes. They are all charlatans, bearing false witness against their “band of brothers.”

Finally, I want to post the timeline of events in what Hugh Hewitt calls the “the Left’s Great Snarl” at Rush Limbaugh. The actual sequence is important to understand the context in which Limbaugh made his remark. I take this timeline from Byron York’s account in National Review Online:

Friday, September 21st: Limbaugh and his staff pore through news stories about the now-convicted and imprisoned Jesse MacBeth and other phony soldiers (see above).

Monday afternoon, September 24th: Limbaugh records a lengthy piece on phony soldiers, spending most of the time on the most recent outbreak, MacBeth.

Monday evening: ABC’s World News with Charles Gibson broadcasts a long piece on phony soldiers and fake heroes, including MacBeth.

Tuesday, September 25th: Limbaugh’s “morning update” piece on MacBeth and other phony soldiers airs. Throughout the day, listeners call in and discuss MacBeth, et al, with Rush Limbaugh.

Wednesday, September 26th: During an on-air conversation with “Mike in Olympia, Washington,” the caller complains about how news agencies “[N]ever talk to real soldiers. They pull these soldiers that come up out of the blue…”

At which point, Limbaugh interjects: “phony soldiers.” (Byron York says Limbaugh said “the phony soldiers;” but listening to the clip, I didn’t hear any article.)

Then, after a couple of minutes, Limbaugh re-reads the piece from the previous day about phony soldiers, especially Jesse MacBeth.

Why “after a couple of minutes?” Because Limbaugh had to “vamp” a bit while one of his staff printed out the transcript that Limbaugh would then read from. Yeesh, what an amazing load of conspiratorial claptrap burbles forth from such a trivial lapse of time.

Thursday, September 27th to today: Media Matters for America (a Hillary Clinton front group), ThinkProgress (a “progresssive” — that is radical Left — organization), 40 Democratic senators, many Democratic congressmen, and an uncountable number of lefty bloggers engage in a collective howl about how Limbaugh supposedly said that any soldier who disagreed in any way with President Bush’s strategy was “a phony soldier.”

Whew! Having finally finished the odious chore of playing journalist — “just the facts, ma’am,” like the elite journalists from Columbia and other J-schools invariably give us — I will now turn to what I find much more comfortable (and less reputable): a sentence or two of actual analysis.

There simply is no legitimate doubt that Limbaugh’s “phony soldiers” comment referred to — wait for it — the phony soldiers he had just been talking about during the previous day’s show, and who were the subject of an ABC news segment Monday night.

How tough can this be for people to understand? He does a Tuesday show on “phony soldiers;” and then the next day, he makes the comment “phony soldiers”. Reasonable minds would conclude the two are related.

But not Democrats. No, nearly the entirety of the Democratic conference in Congress insist that the Limbaugh comment be considered utterly tabula rasa, as if it arose instantaneously and unbidden from the vasty deep and can be assigned any surreal value that will (in Democratic minds) hurt the evil Rush Limbaugh.

This is such an unwinnable argument for Democrats that I’m astonished their saner political heads — Rep. Rahm Emmanuel (D-IL, 90%), James Carville, and Bill Clinton — are allowing them to rush in where angels fear to tread:

First, Rush Limbaugh is a professional debater; he is not some Junior Assistant Undersecretary twice-removed, who can be bullied into silence.

Second, Limbaugh has a daily radio show that is heard by millions of people; he has a core audience predisposed to believe him, especially in preference to Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%), Sen. Hillary Rodham Clinton Rodham (D-Carpetbag, 95%), Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 95%), or Rep. John “Mad Jack” Murtha (D-PA, 65%).

Limbaugh has as much time to speak as he chooses to take, and the audience will stay with him the whole way. Contrariwise, Democrats in the House and Senate have only a minute or two to speak… and only their own colleagues will ever hear their complete remarks. The rest of America will hear only a snippet or two, perhaps a single line — and then only if they trouble to tune into the national news each night.

And there’s something else I was thinking of; what was that? Oh yes, here it is in my notes. In addition to these other advantages, Limbaugh has one more up his sleeve: He is actually factually correct about what he said and what he meant. The Democratic interpretation is so preposterous and risible that nobody but the mentally challenged could possibly believe it.

Since none of the above Democrats are mentally challenged — I deliberately didn’t mention Sen Barbara Boxer (D-CA, 95%) — I can only conclude that they know very well that they’re lying and falsely smearing a private American citizen; but that they have concluded (wrongly, in my political opinion) that this assault on Limbaugh will destroy his credibility in the future, or even out and out silence him. Hence, my title for this piece.

For all the reasons above, I think this is a catastrophic error in judgment by the Democrats. The American people are never as stupid as liberals and Democrats imagine them to be… and they’re about to find that out the hard way.

In the meanwhile, I will sit back and enjoy this national Democratic embarassment until it finally peters out. I don’t intend to comment further unless there is some sort of “bombshell,” which I sincerely doubt.

Hatched by Dafydd on this day, October 5, 2007, at the time of 7:02 PM | Comments (20) | TrackBack

October 2, 2007

Murtha: Underhanded and Overlawyered

Via the center-left Politico, federal Judge Rosemary M. Collyer (appointed by George W. Bush in 2002) has ordered Rep. John “Mad Jack” Murtha (D-PA, 65%) to appear in court and be cross examined, in response to a subpoena by Marine Sgt. Frank Wuterich; Wuterich has sued Mad Jack for defamation for Murtha’s accusation that the Marines in Haditha, al Anbar province, Iraq, committed “cold-blooded murder and war crimes.”

The Politico writer, John Bresnahan, carps about the judge’s order and predicts it will be quashed. He argues that Murtha will be allowed to hide behind the “Speech or Debate” clause of the Constitution, forcing a dismissal of the lawsuit when the appellate court hears the case. Legally, he is probably right; but if this happens, the political fallout could be far worse than if Murtha just testified, apologized, and — as if were — moved on.

Here is Bresnahan:

Frankly, I don’t understand this ruling [forcing Murtha to take the stand and be cross-examined] at all, and I wouldn’t be surprised if it is appealed by the Justice Dept. and/or House general counsel’s office on behalf of Murtha. Murtha, who can say some inappropriate things once in a while, was clearly acting in his capacity as a lawmaker when he made the comments and is thus protected by the Speech or Debate Clause from any type of prosecution for official acts.

Therefore, this case should have been dismissed, and I hope it will be. It’s not that I agree with what Murtha said. I don’t know enough about the incident to have an opinion whether Wuterich or the other Marines did anything improper or illegal. But Murtha has a right to say what he did under the Speech or Debate Clause, even if he was wrong about what happened. When we start restricting what members and senators can say in the performance of their jobs, then we are really in trouble as a country.

I would argue that Murtha was not engaged in speech or debate related to passage of a law so much as he was poisoning Americans against our own military in order to further the political (not legislative) fortunes of the Democratic Party. Article I, section 6 of the Constitution includes the following privileges of members of Congress:

Of course, Murtha was not speaking in “either House;” he made his accusations during a press conference and a subsequent TV interview. Bresnahan argues that this still qualifies:

But what Murtha did was comment on an incident involving Wuterich and other Marines at a press conference and in a follow-up TV interview. These interviews were related to his opposition to the Iraq war. The courts have found that such press-related activities are a normal part of the duties of a member of Congress, and are therefore covered by the Speech or Debate Clause. Murtha did not have to be on the floor of the House making a speech in order to enjoy the protection of the Speech or Debate Clause.

Yet he, himself admits that not every statement during a press conference or on TV would be covered; it depends on what was said and what was the purpose… which is why we have judges. Were I the judge, I would least consider the argument that Murtha’s purpose in falsely accusing the Marines anent Haditha was not to debate a bill in Congress, but rather to smear a bunch of people he just doesn’t like.

Suppose Murtha went on 60 Minutes and falsely claimed that the chief legislative aide to House Minority Leader John Boehner (R-OH, 88%) — who, along with Boehner himself, opposes Murtha’s position on earmarks — was about to be indicted by the FBI for hundreds of acts of bribery… would Murtha be privileged from any legal action brought by Boehner’s aide? After all, Murtha could legitimately claim that assassinating the character of Boehner’s chief legislative aide would make it easier for Murtha to get his own earmarks passed, since Boehner and his aide would be too busy responding to the false charges to vigorously fight the earmarks.

But let’s suppose Bresnahan is right, and the law allows Rep. Murtha to smear the United States military and then hide behind the constitutional clause to avoid paying damages to those he so casually yet severely damaged. How do you think that will play on the hustings?

What will the Republican presidential candidates make of that vile Democratic opportunism? Remember, Murtha is the House Appropriations Defense Subcommittee chairman, and he would have been House Majority Leader, if Squeaker of the House Nancy Pelosi (D-Haight-Ashbury, 95%) had gotten her way. He’s not some scurrilous back-bencher; he’s “hidalgo,” high up the Democratic leadership.

We have a terrible national problem today: One of the two major parties hates President Bush so rabidly, its members are willing to say or do anything to hurt him… even if it means harming individual soldiers and Marines guilty of nothing but performing the very dangerous duty they’re assigned, harming the American military, or harming the United States itself.

Democrats have been credibly accused of relying upon votes by aliens, felons, and the dead to win reelection, as with the Sanchez sisters, Reps. Loretta Sanchez (D-CA, 100%) and Linda Sanchez (D-CA, 100%); they have consistently taken this route for many decades… even before the 1960 presidential election.

Likewise, Democrats and their trial-lawyer allies will cheerfully destroy the Boy Sprouts of America, shut off funding to missions and charities because they won’t denounce their religious beliefs, and try to subvert and even smash the Catholic Church, if that’s what it takes to maintain the Democratic majority in Congress.

The Democratic Party maintains a set of useful idiots and willing accomplices in the elite media (as Rush Limbaugh — now embattled over yet more false accusations from Democrats — is wont to say); these dupes and accomplices stoop to astonishing lows:

• They deliberately expose highly classified anti-terrorist surveillance programs, even those they agree are completely legal, such as the SWIFT surveillance program;
• They routinely engage in libel and slander of decent, law-abiding Republicans, from Limbaugh to the president and vice president, to Gen. David Petraeus;
• They poison the reservoir of American polity with vile and false accusations of racism, sexism, and “homophobia” hurled against anyone who disputes any part of “the Vision of the Anointed;”
• They report fake news — even news they know is fake, because their own experts told them so: Hundreds of examples of “fauxtography,” the deliberate fraud of “Police Captain Jamil Hussein,” and Ra^thergate are just three examples;
• “Independent, unbiased” news anchors, editors, and writers attend fundraisers for the Democratic Party and its candidates — then glide into government as Democratic apparachiks (Sidney “Sid Vicious” Blumenthal, George Snuffleupagus, Chris Matthews, Bill Moyers, and on and on), then drift back to being “independent, unbiased” journalists again;
• The elite media pull shenanigans like falsely reporting that Sen. Al Gore had won Florida, hence the presidency, in the 2000 election — while the polls in Florida and elsewhere were still open. (That they “made up for it” by later falsely reporting that Bush had won — after all polls had closed — is not a defense… it’s a secondary indictment. The only correct projection was that the race there was too close to call; there is no excuse for making any projection, nor do they get to shift all responsibility onto Voter News Service.)

The pattern is consistent: Democrats simply don’t care what American institutions are ruined and shattered, so long as the Democrat gets reelected — the loss of American confidence in our own electoral system, once the envy of the world; the loss of the faith-based charitable and service institutions we have relied upon for many, many decades to fill the gap between the public and private sectors; and the subversion of our fundamental freedoms, including freedom of speech… this is all considered acceptable “collateral damage” by the modern Democratic Party.

Given the above, what Democrats need more than anything else is to stop digging the hole deeper, stop attacking the mainstream of this country, and return to the roll of loyal opposition to the president.

So what does their spokesman Mad Jack Murtha do? (Hah, thought I’d forgotten about him, didn’t you?) He launches a bizarre, needless, heedless, vicious smear of the very branch of the service he loves to tout for his own credentials… a smear that was always questionable and is now shown to be largely fabricated.

And when one of the victims of the smear sues him, and a judge orders Murtha to testify in the trial — Murtha’s unofficial lawyer over at the Politico advises him to stand on his congressional privilege and laugh in the face of the man he slandered. “Can’t catch me, I’m the gingerbread man!”

Oh Lordy, do I hope that Murtha takes Bresnahan’s advice. I can think of nothing that would more enrage military families, traditional Americans, and even a great many moderates. And depending on the reaction of his Democratic colleagues, enrage them not only at Murtha but the entire party, too. Imagine, for example, if other Democrats lock arms around him, defending his right to slander, libel, and smear the United States Marine Corps and then “lawyer” his way out of the consequences that would befall us mere humans who did the same.

So as a member and supporter of the Republican Party, I would like to urge Rep. Mad Jack Murtha to just keep on stonewalling, refuse to testify, and continue smearing the Army, Navy, Air Force, Marine Corps, Coast Guard, the state National Guards, and the reserves of all of the above.

Alas, as an American, I cannot. I must instead urge him, for the sake of the nation, to just “man-up” and apologize for bearing false witness against Marines fighting in Iraq. It would help bring us all together and present a united front to our enemies. This tack would be best for the United States of America — the country Murtha supposedly serves in the United States Congress.

Sadly, I have the peculiar feeling that my secret wish will be fulfilled instead.

Hatched by Dafydd on this day, October 2, 2007, at the time of 4:39 PM | Comments (11) | TrackBack

September 20, 2007

Democrats — or Dhimmicrats?

And while we’re on the subject of roll-call votes, how about this one?

For several days now, Sen. John Cornyn (R-TX, 96%) has been pushing an amendment to condemn the MoveOn.org ad that asked “General Petraeus — or General Betray Us?” He also demanded the Senate support our troops and the man the Senate unanimously confirmed as their leader. The text was as follows:

To express the sense of the Senate that General David H. Petraeus, Commanding General, Multi-National Force-Iraq, deserves the full support of the Senate and strongly condemn personal attacks on the honor and integrity of General Petraeus and all members of the United States Armed Forces.

But the Democrats were reluctant to vote for such an amendment; in fact, they ducked it the first time, a couple of days ago. Then today, in an effort to undercut support for the Cornyn amendment, Sen. Barbara Boxer (D-CA, 95%) introduced her own version of the amendment:

To reaffirm strong support for all the men and women of the United States Armed Forces and to strongly condemn attacks on the honor, integrity, and patriotism of any individual who is serving or has served honorably in the United States Armed Forces, by any person or organization.

Note the changes: “Full support” has shrunk to “strong support;” the condemnation of “personal attacks” has become a condemnation merely of “attacks” (I suppose calling someone a liar, a stooge, and someone for whom one must suspend disbelief isn’t necessarily personal).

But the most important change: Gen. Petraeus — the actual victim of Democratic hate speech — has been erased from our memory. He has become an “un-person.” Under the Boxer version, all one need do is assert that Petraeus is not honorably serving (all that lying and stooging), and the hate speech can spew forth without condemnation.

Majority Leader Harry Reid (D-Caesar’s Palace, 90%) insisted that, notwithstanding the timeline, the Boxer amendment would be voted on first. But Republicans refused to go along with the trick; they refused to agree to the vote and filibustered… and the Democrats were unable to overcome it, losing the vote by 51 to 46 in favor (60 needed)… and that’s including Sen. Joseph Lieberman (I-CT, 75%D), who voted in favor of the Boxer amendment.

We fast forward 38 minutes. At long last, the Cornyn amendment came up for a vote. Mind, by this time, there was no alternative to the Cornyn amendment; if it went down, then the Senate would have chosen not to condemn the MoveOn ad and not to support Petraeus and the troops.

Fortunately, it passed… but by only 72 to 25, with 3 not voting. Shockingly enough, not a single vote against the amendment came from a Republican. Nor did any Republican fail to vote. Rather, all 49 Senate Republicans voted “To express the sense of the Senate that General David H. Petraeus, Commanding General, Multi-National Force-Iraq, deserves the full support of the Senate and strongly condemn personal attacks on the honor and integrity of General Petraeus and all members of the United States Armed Forces.”

24 out of 49 Democrats — 50% of the caucus — voted against condemning the ad calling Petraeus a traitor, against supporting the troops, and against supporting the man every, last one of them voted to confirm less than eight months ago… during which time, he turned around the war effort, which now is headed towards victory. Among those voting against condemning the “General Betray Us” ad are presidential candidates Hillary Clinton (D-Carpetbag, 95%) and Chris Dodd (D-CT, 95%).

The other two senators running for the Democratic nomination for president — Joe Biden (D-DE, 100%) and Barack Obama (D-IL, 95%) — were too cowardly to cast a vote. Biden also ducked the vote on Barbara “the Underminer” Boxer’s amendment, but Obama managed to crawl out of his hole long enough to vote for the weak-tea Boxer version.

Independent Socialist Bernie Sanders (I-VT, not yet rated) voted for the Boxer version but against the Cornyn version; Independent Joe Lieberman voted for both versions.

So there you have it: One party wholeheartedly supports the troops, supports Gen. Petraeus, and condemns the vicious, personal attack by MoveOn.org which questions Petraeus’ patriotism.

In the other party, half of the members do not support the troops, do not support their commander, and applaud and join in the attacks on Petraeus’ character and patriotism.

Be sure to let your friends know… especially those on the center-left. Perhaps they should consider the depth of hatred this betokens when they step into the little booth in November 2008.

Hatched by Dafydd on this day, September 20, 2007, at the time of 12:37 PM | Comments (13) | TrackBack

A New Definition of Lockstep of Which We Were Previously Unaware

On the amendment by Sen. James Webb (D-VA, not yet rated) to require troops to spend as much time in the United States, in between deployments, as they spend abroad during deployments — an amendment which Webb himself cheerfully admitted was in fact intended to make our current, successful counterinsurgency strategy impossible — I was struck by the angry, petulant complaint by Sen. Chuck Schumer (D-NY, 100%) when the Senate failed to invoke cloture:

“The Republican leadership and the White House is [sic] getting them all to march in line,” said Senator Charles E. Schumer, Democrat of New York, who ranks third in the party leadership. “But it [sic] is marching further and further away from where America is. We just keep at it. It’s all we can do.”

That is, Schumer is bitter that the Republicans are marching in lockstep with the White House.

Hm. I toddled over and took a look at the roll-call vote on the Webb amendment, which failed to break the filibuster by 56 to 44 (60 were needed). As the Times notes:

There were 56 votes in favor, including 6 Republicans — one fewer than the 7 Republicans who joined the Democrats in July, when the measure, by Senator Jim Webb, Democrat of Virginia, also fell 4 votes short.

Six Republicans voted in favor of the amendment — therefore against the White House:

• Norm Coleman (MN, 68%);
• Susan Collins (ME, 48%);
• Chuck Hagel (NE, 75%);
• Gordon Smith (OR, 72%);
• Olympia Snowe (ME, 36%);
• John Sununu (NH, 88%).

So 43 out of 49 Republicans voting with the president (a rate of 87.8%) constitutes “march[ing] in line” with the White House.

And now, for comparison, here are all the Democrats who voted against the Webb amendment:

 

 

 

 

[Insert sound-effect of chirping crickets.]

 

 

The Democrats voted 49 out of 49 against the White House, for a rate of — furiously tapping on my calculator — approximately 100% lockstep with Harry Reid (D-Caesar’s Palace, 90%), Hillary Clinton (D-Carpetbag, 95%), Barack Obama (D-IL, 95%), Chuck Schumer, Russell Feingold (D-WI, 100%), and Barbara Boxer (D-CA, 95%).

Whew, thank goodness for the open-minded, independent, free-thinking Democratic Party!

Hatched by Dafydd on this day, September 20, 2007, at the time of 11:30 AM | Comments (2) | TrackBack

September 15, 2007

The Times, They Are a-Shamin’

The New York Times has become the leading voice for surrender in Iraq. More even than most of the Democrats (or any of the Democratic presidential candidates except, perhaps, Bill Richardson), the Times editors’ demand for defeat has become almost hysterical, as if someone had taken their families hostage: “If dat President, whatsisname, Bush don’t get outa Iraq, you’ll never see yer kids again!”

Unlike most of the Democrats, the Times follows the complete Sen. Chuck Schumer (D-NY, 95%) line:

1. Bush lied us into the war in the first place;
2. Al-Qaeda was never in Iraq before 2003, and probably isn’t there today;
3. Victory is unachievable;
4. The “surge” is a miserable failure that has actually made things worse militarily;
5. Notwithstanding (4), the amazing success in Anbar, Diyala, Salahuddin, and Baghdad provinces — where Sunni tribes have risen up in angry defiance of al-Qaeda, have fought alongside American forces against al-Qaeda, and have more or less driven al-Qaeda out of those provinces — were not caused by anything America did, and particularly anything President Bush did: They happened “in spite of” the counterinsurgency strategy, not because of it;
6. All troops should be withdrawn immediately and precipitously, in as ragged a mob and as humiliating a retreat as possible, in order to punish America and teach us a good, hard lesson about electing Republicans;
7. Any and all resultant damage to the American military, American prestige, American hegemony in the region, stability in the region, the containment of Iran and Syria, and to any American ally in the region (cough-cough the Jews cough-cough) is entirely and exclusively the fault of George W. Bush and the Republicans… even though the GOP has argued consistently against the policy advocated by the Times.

At the moment, they’re beavering away at convincing everyone of (4), and they have focused upon two — only two — specific complaints they have: that the Iraqi national parliament has been unable so far to pass a bill establishing the rules by which foreign oil leases can be signed by provinces, and that a particular tribal sheikh who was friendly to us, Abdul Sattar Abu Risha, was slain, presumably by al-Qaeda.

This seems a remarkably thin reed on which to base a conclusion of utter despair, hopelessness, and belly-crawling to our enemies. Let’s take the last first…

Although it’s a tragedy that Abu Risha was assassinated, it’s sheer lunacy to imagine that the Sunni response to such an affront will be to meekly return to life under the leash. For heaven’s sake, it was precisely this sort of high-handed butchery and depostism that drove the Sunni tribes away from al-Qaeda and into alliance with the Coalition to fight them, as Lt.Col. Dave Kilcullen so ably recounts in an article he wrote for Small Wars Journal, “Anatomy of a Tribal Revolt.” The more likely result will be a redoubling of the anti-terrorist combat effort by Sunni Iraqis… which is already an oversimplification, as is virtually everything in the Times’ argumentum, as the tribes in question include both Sunni and Shiite members.

That is, if slaughtering tribal sheikhs led to the tribes turning against al-Qaeda in the first place, how can the chowderheaded editors at the New York Times argue that a couple more assassinations will put the djinn back in the bottle?

And as for their triumphant crowing that the oil-revenue-sharing law “seems to be collapsing,” the editors should stop sucking up to MoveOn.org and start reading Big Lizards. As I noted some time ago, all of these issues in Iraq will be settled, not by a top-down, authoritarian, nationalist parliament… but by the opposite process: Individuals will settle with individuals, tribe with tribe, province with province, region with region. Once all that is accomplished, then parliament may step in and ratify the “facts on the ground.”

As far as the instant case, provinces will simply start negotiating oil leases with various companies… as Kurdistan is now doing:

The legislation has already been presented to the Iraqi Parliament, which has been unable to take virtually any action on it for months. Contributing to the dispute is the decision by the Kurds to begin signing contracts with international oil companies before the federal law is passed. The most recent instance, announced last week on a Kurdish government Web site, was an oil exploration contract with the Hunt Oil Company of Dallas.

The Sunni Arabs who removed their support for the deal did so, in part, because of a contract the Kurdish government signed earlier with a company based in the United Arab Emirates, Dana Gas, to develop gas reserves.

Leave aside the obvious double standard… the Democrat-controlled American Congress has yet to ratify a single one of the major budget bills for next fiscal year, which starts October 1st, I believe; they have languished in joint reconciliation committees for months now. Instead, let’s cut to the heart of the Chuck Schumer-New York Times position: What the Times sees as “contributing to the dispute” is actually the beginning of the solution. The next step is for the Sunnis to start negotiating their own blasted agreements with Hunt and Dana Gas and Royal Dutch Shell and Exxon, agreements not only to develop the small amount of proven reserves in areas held by mostly Sunni tribes, but also to explore in the untapped and potentially vast reserves of oil and especially natural gas that are just now being reported in those same “Sunni” areas.

Once Sunni, Shia, and Kurdish provinces are signing oil leases like mad, then and only then will the Iraqi parliament move to ratify the system that will, by then, have evolved. Unlike (alas) the court system, the legislature is typically a lagging indicator — not a leading indicator; they await strident demands from their constituents before they will act… as I would put it, they only work when threatened.

It’s the same here as in Iraq… easily shown by the recently enacted (hah) comprehensive immigration reform bill, the privatization of Social Security and Medicare bill, the litigation-reform bill, and the defense-of-marriage constitutional amendment. Or for that matter, those budget bills, which are far less controversial but appear every bit as contentious.

The only available metric right now for how the counterinsurgency strategy is working — is that contained within the strategy itself: It can only be evaluated by how well it protects the Iraqi population and reduces the violence from al-Qaeda and from Shiite militias, not by proxy measurements: whether the Iraqi parliament has passed a particular bill, how many American troops have been killed recently, or how well it satisfies the deep, defeatist desires of the elite media. And on the only valid metrics, the so-called “surge” has succeeded much better than expected.

All else is dicta.

Hatched by Dafydd on this day, September 15, 2007, at the time of 12:31 AM | Comments (4) | TrackBack

September 12, 2007

“Surge a Failure, Democrats Tell General”

The title — the headline of a Breitbart story on Gen. David Petraeus’ and Ambassador Ryan Crocker’s testimony before Congress — says it all, doesn’t it? “Surge a failure, Democrats tell General.” I’m sure Petraeus was properly grateful for being instructed.

This is our first post from the Noordam, a Holland-America cruise ship. It turns out to be a bigger pain than expected to post from here: The connection fee is horrendous — we just dropped $100 for 250 minutes (of which 180 remain); so we must go online, save a bunch of web pages we intend to use, then logout. Then we read the material we downloaded offline and write the post (I’m writing in Netscape Mail). At the end, when the post is finished, I will log on again, paste this text into Movable Type, edit it and check the links, and then post. Yeesh!

Here’s the fuller quotation from the story:

Anti-war Senate Democrats bluntly told Iraq commander General David Petraeus Tuesday his troop surge strategy was an abject failure in its prime objective — forging an Iraqi political settlement. [Or rather, giving Congress a playable reason to surrender.]

Several Senate Republicans [read: RINOs] also expressed unease with US war policy, as the general and US ambassador to Baghdad Ryan Crocker endured a roasting on a second day of high-stakes testimony to Congress.

Resorting to the last refuge of a cowardly scoundrel, Sen. Joseph Biden (D-DE, 100%) asked Petraeus two direct questions about the efficacy of the “surge”… then he proceeded to answer them himself, without inviting the commanding general to confuse matters by participating in the interrogation.

Sen. Chris Dodd (D-CT, 95%) went Biden one better, furiously asking a rhetorical question that tortured the English language until it begged for mercy: “What makes you possibly think that anything further like this is going to produce the results that anybody else has failed to do?” (Senate aides are still trying to pick up the broken pieces of syntax and semantic content Dodd left strewn on the Rotunda floor.) Sen. Lieberman (I-CT, 75%D) must have slid further down in his seat, hoping folks wouldn’t think he was with the other fellow at his table.

But that’s not what I came to write about (now he tells us!) I actually derived more amusement from the New York Times editorial… which was spoonfed to us on the ship as part of a little digest of the thoughts of the Times, “all the news we see fit to print.” In typically condescending fashion, it begins thus:

For months, President Bush has been promising an honest accounting of the situation in Iraq, a fresh look at the war strategy and a new plan for how to extricate the United States from the death spiral of the Iraqi civil war. [Excuse me; perhaps it’s my trick memory again, but I sure don’t remember that last “promise” from President Bush.] The nation got none of that yesterday from the Congressional testimony by Gen. David Petraeus, the top military commander in Iraq, and Ambassador Ryan Crocker. It got more excuses for delaying serious decisions for many more months, keeping the war going into 2008 and probably well beyond.

It was just another of the broken promises and false claims of success that we’ve heard from Mr. Bush for years, from shock and awe, to bouquets of roses, to mission accomplished and, most recently, to a major escalation that was supposed to buy Iraqi leaders time to unify their nation. We hope Congress is not fooled by the silver stars, charts and rhetoric of yesterday’s hearing. Even if the so-called surge has created breathing room, Iraq’s sectarian leaders show neither the ability nor the intent to take advantage of it.

Wait… wasn’t “shock and awe,” which referred to the initial combat phase of Iraq, fulfilled when American forces routed the strongest Arab army in the Middle East in just three weeks? That’s less than time than it took the Nazi blitzkrieg (“lightning war”) to overrun France.

And there were roses, though I suppose the Democrats have a point that the ousted Baathists, the Democrats’ natural constituency, were unhappy. And of course, I’m sure the Times editorialists are at least intelligent enough to understand that the “mission accomplished” banner referred to the mission of that particular carrier, and perhaps secondarily to the successful conclusion of the first phase of major combat operations… not to the entire Iraq war (especially as Bush explained as much in his speech).

Finally, it’s astonishing how a prediction of failure by the editors can morph into another example of failure, without ever having to pass through the tedious process of actually coming to pass. “I say it’ll never get off the ground… and my prognostication proves the Wright Brothers are a couple of lunatics!”

It’s full of boners such as this: “The military does not have the troops to sustain these high levels without further weakening the overstretched Army and denying soldiers their 15 months of home leave before going back to war.” Fifteen months of home leave? My, the military certainly has changed; perhaps the soldiers can just spend a year and a quarter lying on the beach and soaking up some rays! This must be similar to the assertion that every moment the president spends away from the White House, no matter what he is doing or how much he works, is to be considered “going on vacation.”

The end was so predictable, they probably wrote it in advance of the testimony:

General Petraeus admitted success in Iraq would be neither quick nor easy. Mr. Crocker claimed that success is attainable, but made no guarantee. With that much wiggle room in the prognosis, one would think American leaders would start looking at serious alternative strategies — like the early, prudent withdrawal of troops that we favor. [And God help the troops that they don’t favor!] The American people deserve more than what the general and the diplomat offered them yesterday. [They also deserve more than a “prudent” surrender in the midst of an impressive victory.

For that matter, they deserve more than what was offered by Representative Ike Skelton, chairman of the House Armed Services Committee. When protesters interrupted the hearing, Mr. Skelton ordered them removed from the room, which is understandable. But then he said that they would be prosecuted. That seemed like an unnecessarily authoritarian response to people who just wanted to be heard.

“[P]eople who just wanted to be heard…” but who did not wish to extend that courtesy to the commanding general, the ambassador, or any Republicans over whose questioning they chose to chant. I definitely want to see prosecution of such serial abusers of other people’s First Amendment rights (I refer to my right to hear what Petraeus, Crocker, and everyone else has to say).

Well! Two once-great American institutions have certainly distinguished themselves this week. (Three, if you count the American protester; though I’d only go so far as to say that they need to be institutionalized.)

We had an inkling that this would be the Democrats’ “response” to the testimony (where “response” here means “scripted verbal sneering that resembles the choreographed strutting of a professional wrestler”). It’s nice to see that they continue to live down to our low expectations of them.

Hatched by Dafydd on this day, September 12, 2007, at the time of 10:23 AM | Comments (4) | TrackBack

August 22, 2007

Unprecedented Assault on Executive Privilege Underway

In an astonishing power-grab that has received little notice and virtually no condemnation from constitutionalists, the United States Congress is attempting to seize information from the Bush White House that no Congress has ever before demanded from any president… and a number of Republican congressmen are eagerly joining the wild hunt.

The demands are truly breathtaking:

• First, Congress — in the person of Chairman Pat Leahy (D-VT, 95%) and his Senate Judiciary Committee — demands essentially every document, no matter how heavily classified, relating to what is now called the Terrorist Surveillance Program (TSP), the program of intercepting telephone communications between known or suspected al-Qaeda agents and others, where at least one node of the conversation is outside the United States.

  It is not clear how many members of the Senate J-Com actually have sufficient clearance to view the top-secret/codeword documents they demand (certainly Patrick “Leaky” Leahy does not), nor who else might view them, were they handed over: other senators, members of the House, congressional aides, or even members of the elite media and Democratic activists — which means “the world.”

• Second, Chairman Henry Waxman (D-CA, 95%) of the House Oversight Committee — in concert with Leahy at the Senate J-Com — is demanding hundreds of thousands of e-mails exchanged between White House staffers because they didn’t use the normal White House e-mail system but e-mail addresses supplied by the Republican National Committee instead.

  In some cases, the law required that they not use the official addresses, since the communications were non-official business; in other cases, they simply didn’t have access to White House e-mail addresses, due to miserly administrators who did not hand out enough official Blackberrys. In no case, however, have Democrats raised a substantial charge of skulduggery… they’re just fishing, hoping to catch someone doing something disreputable.

• Both Judiciary committees have subpoenaed top aides to President George W. Bush, including White House Deputy Chief of Staff Karl Rove, former White House Counsel Harriet Miers, White House Chief of Staff Josh Bolten, and a raft of lower-tier advisors to other advisors — little fish whom the committees may think easier to “turn,” because they might be less certain of protection from spurious contempt citations — regarding the president’s decision not to renew the appointment of eight U.S. Attorneys (or nine or seven, nobody seems to agree). The committees demand to know exactly why each and every USA was not reappointed, who complained, and what the connection was between the complainant and the president — did he get along with Bush? Was he a Republican?

It is important to note that in neither case has Congress formally alleged any violation of law; no criminal indictments have forthcome; and nothing else has been presented to override the normal presumption of Executive privilege for the work product of the president and other administration officers not subject to Senate confirmation, as heads of agencies are. The Democrats demand the materials solely because they want to better be able to politically oppose Republicans and Republican policies.

The bombast is also unprecedented: As various aides leave for other employment — which is standard operating procedure in the waning years of a two-term presidency — Leahy announces that each is trying to flee justice, to cut and run, to avoid scrutiny of his wicked deeds… thus slandering each honest public servant as a criminal, tried and convicted in the Court of Leahy Opinion:

Rove’s departure at the end of August “does not legally change one thing” in the pursuit of Rove and the information he might hold, said a Democratic Senate Judiciary Committee aide. And in a statement Monday, Committee Chairman Patrick Leahy (D-Vt.) vowed to press on.

“The list of senior White House and Justice Department officials who have resigned during the course of these congressional investigations continues to grow, and today, Mr. Rove added his name to that list,’’ Mr. Leahy said. “There is a cloud over this White House, and a gathering storm. A similar cloud envelopes Mr. Rove, even as he leaves the White House.”

What a surprise — public officials who have spent six years in the administration decide they want to leave to make some money for a change. White House Spokesman Tony Snow is another who plans to leave soon; will Leahy quickly gin up a subpoena, so he can accuse Snow, too, of leaving under a “gathering storm?”

It is, of course, obvious why it’s important for the White House to restrict access to highly classified documents discussing intelligence-gathering methods, personnel, and results… even from Congress. But it’s equally important that the president, no matter who, be able to receive confidential political and public-policy advice from his aides and advisors without either side worrying that it will all appear in an open Senate subcommittee hearing tomorrow, and in the Washington Post that night.

The president needs:

• To hold frank and unfettered discussions, to kick around ideas and scenarios that may be quite extreme, frightening, or unpalatable, such as discussions about possible war;
• To have personnel discussions in which private information about administration employees comes up and must be considered;
• To receive honest assessments of the chances of certain policies being enacted by Congress — which may include specific discussions of pressure that can be brought to bear on specific members;
• And yes, the president, his cabinet, and his advisors need to be able to discuss election matters: whether the president will get a second term — and whether he’ll have a friendly or unfriendly Congress — certainly affects what initiatives he will undertake and what reforms various agencies might have time to implement.

The strangest theme of this drama is the utter futility of the Democrats’ actions, at least in actual policy terms: Nearly all these questions were already answered by the Supreme Court in June 2004, in the case Cheney v. U.S. District Court, 03-475, about the vice president’s energy task force. The Court held — by a very strong 7-2 — that meetings and communications conducted entirely among members of the administration could be kept secret under the separation of powers doctrine, whether or not the administration formally invoked Executive privilege.

The particular case was remanded back to the D.C. Circus for consideration of whether private CEOs of energy companies who offered advice and opinions thereby became members of the task force themselves; had the task force thus included both public and private members, it could not be shielded.

But the circuit court unanimously concluded that they were not members. Therefore, they held that Cheney did not have to reveal any of his papers or testify about the task force membership or work product. They sent the case, which had been jointly filed by Judicial Watch and the Sierra Club, back to district court for dismissal. (I believe the Supreme Court recently denied certiorari, but I’m not 100% certain.)

In other words, this question has already been answered, emphatically so, by the Supreme Court; bear in mind, that 7-2 ruling occurred before either Chief Justice John Roberts or Justice Alito joined the Court. Presidential administrations can keep their confidential advice confidential.

The case usually cited that limits this secrecy is United States v. Nixon, 418 U.S. 683 (1974), where the Court forced President Richard Nixon to hand over the surreptitiously recorded White House tapes; but that case hinged on an actual criminal trial underway: then-Attorney General John Mitchell and six other administration officials were indicted and put on criminal trial (and most were subsequently convicted); Special Prosecutor Leon Jaworski subpoenaed the tapes as evidence in that criminal trial.

Needless to say, there is no criminal trial in any of the current cases… no indictments, no court case, no criminal evidence, not even a formal accusation of criminal activity. The Democrats demand the information for entirely political purposes: They believe they can use it to embarass Republicans and help them in the 2008 election.

I wonder what Sens. Hillary Clinton (D-NY, 95%) and Barack Obama (D-IL, 95%) — each of whom plans to be president starting in 2009 — think about this congressional power snatching?

I can understand Democrats putting party and electoral politics ahead of country and principle; but more disturbing is that several Republicans in the Senate are jumping aboard the bandwagon, presumably because multi-term members of Congress prefer to see their own branch of government supreme over the other two — but particularly over the Executive. When Sen. Leahy’s Committee on the Judiciary issued subpoenas for classified information on the TSP, the ten Democrats on the committee were joined by three Republicans, half the Republican contingent who actually voted (three did not): Orrin Hatch (UT, 84%), Chuck Grassley (IA, 88%), and Ranking Member Arlen Specter (PA, 43%). Other Republican senators, including Chuck Hagel (NE, 75%), Lindsay Graham (SC, 83%), and the two Mainers, Olympia Snowe (36%) and Susan Collins (48%) — plus a few who now must find honest work — have called for investigations, subpoenas, or contempt citations.

Republicans in the House have been more disciplined; when the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law was considering a contempt citation for Bolten, they voted to declare his Executive privilege claim “invalid;” no Republicans joined the seven Democrats voting against the claim. Likewise, when the full committee actually voted to issue contempt citations to Bolten and Miers, again, no Republican voted for it. The vote was 22 to 17 in favor; the seventeen Nay votes were the seventeen GOP members of the committee.

But too many Republican senators appear unconcerned about the attempt by Democrats to diminish the office of the presidency and make it merely an adjunct to Congress — the president as simple custodian who rubber-stamps whatever policy Congress decides.

A strong, independent Executive is, in fact, the most significant difference between the United States and the lion’s share of other democracies, all of which are parliamentary in nature: In most cases, the head of government, the prime minister, is the boss of the ruling party, as in England, Spain, Canada, Germany, Japan, and so forth. (Some parliamentary democracies do have a reasonably strong and separate Executive, such as France and the Republic of Korea; others have a president who is largely ceremonial or non-policy-making, as in Israel and Italy.)

To shrink the presidency to a subordinate position is to Europeanize the United States of America. Since when has a significant number of Republican senators had an agenda to make America more like Europe?

Hatched by Dafydd on this day, August 22, 2007, at the time of 5:24 PM | Comments (6) | TrackBack

August 17, 2007

Best Evidence

I must hat-tip Power Line, because it was while reading Paul Mirengoff’s post today that I realized the oddest angle of all in the 2004 brouhaha, the contretemps, the donnybrook between then White House Counsel (now Attorney General) Alberto Gonzales, former White House Chief of Staff Andy Card, former Principal Deputy Attorney General James Comey, FBI Director Robert Mueller (now and then) — and a “John Doe” to be named later on the one hand… and the Democrats in Congress on the other hand.

Our previous spelunking into this cavern of treachery can be unearthed here:

• FBI DIRECTOR SAYS GONZALES LIED! Oh, wait, no he didn’t… but we wish he had
• Gonzales Gotcha
• Gonzales, Intelligence, and Perjury: the Penultimate Word

First, let’s set the background:

Shortly after 9/11, President Bush adopted a program to surveille terrorists that included a number of elements: One element — intercepting telephone calls between known or suspected terrorists and other people, where one node of each call is outside the United States — has been confirmed by the president, and is called the Terrorist Surveillance Program, TSP.

Another element of the program comprises “data-mining” of millions of phone calls — that is, not intercepting the call’s content but instead other circumstances, including location, time placed, duration, number of people involved, and so forth. This element has never been confirmed or its existence declassified, so no government official can lawfully mention it.

The first group — the principals — all agree on the following facts; there is no dispute:

1. At some point, the Justice Department objected to some element of this program; officials have now stepped forward anonymously (and illegally) to leak that the particular element DoJ had problems with was the data-mining. None of the principals disputes this.
2. James Comey, then acting Attorney General while the actual Attorney General was recuperating in hospital, refused to sign off on the program at one of the annual required reviews.
3. Gonzales and Card were concerned and puzzled: The Attorney General goes into hospital for gall-bladder surgery; and while he’s there, the acting Attorney General, who has opposed the data-mining element all along, refuses to approve it. On March 10th, 2004, Gonzales and Card go to the hospital, either to find out whether Comey was acting on his own wishes and not the Attorney General’s, or possibly to try to get the Attorney General to override Comey, his deputy.
4. Gonzales and the Attorney General have a conversation, during which the latter makes clear that he agrees with Comey and refuses to sign off on the data-mining element without changes.
5. Comey, worried that Gonzales might apply “undue pressure” on Attorney General John Doe to get him to sign, calls Mueller in to back Comey up.
6. Gonzales and Card leave about 8:00 pm.
7. Mueller arrives at 8:10 pm.
8. Mueller talks to Comey, who tells him that John Doe had told Gonzales that Doe “was in no condition to decide issues.”
9. Mueller leaves.

Thus endeth the chronology of March 10th, 2004, which is undisputed by any of the principals involved. Later, the administration made some changes which brought the Department of Justice back on board. So whence the beef?

Enter the other group, not the principals but the hindsighters…

The hindsighters primarily comprise a concatenation of five Democrats on Sen. Pat Leahy’s (D-VT, 95%) Judiciary Committee — the chairman, plus Sens. Charles Schumer (D-NY, 100%), Dianne Feinstein (D-CA, 90%), Russell Feingold (D-WI, 100%), and the absurdly named Sheldon Whitehouse (D-RI), who has no rating as yet, as he replaced “Republican” Lincoln Chafee in 2007; Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%); various Democratic congressional rounders and bounders, seducers and traducers; and most of the elite media. (That is, the usual suspects.)

The hindsighters were not present during the altercation, the kafuffle, the spat. They have, however, shown up nearly three and a half years later to accuse now Attorney General Alberto Gonzales of perjury, obstruction of justice, contempt of Congress, suborning perjury, threatening a subordinate, treason, attempting a coup d’état, misleading Congress, having an unspellable last name, aggravated mopery with intent to gawk, and groping a female fundraiser who came to him with a personal problem. Oh, wait, that last was just a flashback; my bad.

The hindsighters originally claimed that Gonzales lied when he denied that the Justice Department objected to the TSP — the element of the surveillance program where the National Security Agency intercepted phone calls from a known or suspected terrorist to someone else, where one node of the call was outside the United States. He said it was to a different element, which he did not name (as it was still classified).

That prompted (drove, compelled) those four members of Leahy’s Senate Judiciary Committee (minus Leahy himself) to forward a “referral” to the Justice Department, demanding the appointment of a special counsel to indict Gonzales for perjury, obstruction, and contempt. The media mavens leapt aboard the slanderwagon, convicting Gonzales in absentia (though some in the drive-by media instead convicted an unknown assailant and cabinet-member impersonator named “Alberto Gonzalez”).

Then word leaked out that this was not, in fact, the disputed element — the dispute was over data mining instead; thus, Gonzales, if not Gonzalez, had told the truth. In response, the Flab Four and their puppet friends quietly dropped the demand… without ever actually withdrawing the referral.

They have since rummaged around and found a new charge, which they can piggyback onto the old referral, if they’ve a mind: Gonzales (or Gonzalez, whoever he is) committed perjury, obstruction, and contempt by saying that the Attorney General, John Doe, was “lucid” during the March 10th conversation, even that Doe “did most of the talking.”

This claim is belied, say the hindsighters, by FBI Director Mueller’s notes… which say that after Gonzales left, John Doe was tired out, exhausted, tuckered:

Then-Attorney General [John Doe] was “feeble,” “barely articulate” and “stressed” moments after [where “moments after” is here defined as “ten minutes after“] a hospital room confrontation in March 2004 with Alberto R. Gonzales, who wanted [Doe] to approve a warrantless wiretapping program over Justice Department objections, according to notes from FBI Director Robert S. Mueller III that were released yesterday.

By now, I assume everyone is wondering whether I’ve slipped a cog. I said something upfront about “the oddest angle of all” in this entire ballyhoo, this hubub, this riot. So far, all I have done is recap the facts (the gouge, the poop, the undisputed truth). Ah, but you must have noticed the Strange Case of the Missing Man, Attorney General John Doe?

Your honors, I now intend to name our John Doe: His name is, in truth, John… he is former senator, former Attorney General John Ashcroft — the only other participant in the actual conversation (conclave, jaw-jaw, gabfest) with Gonzales.

And the most absurd part of all this is that so far, nobody has troubled to get John Ashcroft’s take on the whole convulsion. He’s the missing man in this entire storm, squall, willywaw.

Now, the Washington Post says that Ashcroft has no comment:

The White House and Justice officials declined to comment. Neither Ashcroft nor his former staffers have commented publicly on the episode.

But the media, even the elite media, are only the sock puppets in this affair; the real buggy drivers are the Democrats in the Senate J-Com. And unlike even the Washington Post, the committee has subpoena power: Ashcroft is a lobbyist now (in perfectly good health and only 65 years old), and he is a former cabinet member who needed Senate approval. Thus in either case, he can be subpoenaed to testify under oath to that Senate committee.

Why has Leahy not moved to do so? I’m sure the White House would have no objection to Ashcroft testifying to the following questions:

• General Ashcroft, General Gonzales has testified that the particular element that the Department of Justice objected to and refused, for a time, to recertify was not the element now called the Terrorist Surveillance Program and confirmed by the president, but rather another program which the president has never confirmed. Was Mr. Gonzales correct, to the best of your knowledge and recollection?
• Mr. Gonzales also testified that, during a conversation in hospital on March 10th, 2004, about the Justice Department’s objections to terrorist surveillance operations, you, General Ashcroft, were lucid. He also testified that you did most of the talking. He testified that you lucidly explained the legal reasoning behind your objection. Is this true and accurate, to the best of your recollection?
• Finally, General Ashcroft, I would like to ask you a question in your capacity as an expert witness on constitutional law. Is it your legal understanding that government officials with specific knowledge of classified programs and operations must not reveal classified information about those programs or operations in open testimony before Congress, unless such disclosure has been specificaly authorized by the Executive? And is it your legal understanding that Congress may not demand testimony in open session that amounts to Congress unilaterally declassifying information that was classified by the Executive?

I suspect John “Doe” Ashcroft would have no difficulty answering any of these three questions, and that his answers would completely detumesce, deflate, and contract this current… uh, flap. So why hasn’t the committee subpoenaed the man?

Ah, I see I have committed a rhetorical question again. Never mind.

Hatched by Dafydd on this day, August 17, 2007, at the time of 5:00 PM | Comments (3) | TrackBack

August 3, 2007

Time to Sack the Robes

Today, the Washington Post revealed the stunner that back in March of this year, a judge on the Foreign Intelligence Surveillance Court (FISC) ruled that the president had no legal authority to order the NSA to intercept phone calls originating abroad… and where the terminating point was also abroad.

Mind, this is not the “Terrorist Surveillance Program,” TSP, that Democrats have been so agitated about; this case was not about calls where one end was in the United States, but rather about those where both ends — or all ends, in the case of conference calls — are in foreign nations… but the call happens to be routed through an American node, typically in New York or California. No information is known about the reason for the ruling or even which judge issued it (or, of course, who appointed that judge); those data are all still secret.

(It may even be a legally correct ruling; but I cannot imagine that the congressional authors intended the FISA Court to stand in between the NSA or CIA and urgent overseas terrorism intelligence. Isn’t there some Supreme Court precedent that, no matter what the law says, a court can’t issue an order that’s just plain dumbass?)

In fact, we weren’t even supposed to know this much; but House Minority Leader John Boehner (R-OH, 88%) let the beans out of the cat to anchor Neil Cavuto on Fox News:

“There’s been a ruling, over the last four or five months, that prohibits the ability of our intelligence services and our counterintelligence people from listening in to two terrorists in other parts of the world where the communication could come through the United States,” Boehner told Fox News anchor Neil Cavuto in a Tuesday interview.

Thus, for the last few months, the NSA has been barred by law from the most fruitful source of terrorism intelligence: phone calls from, say, Pakistan to Paris. And while we don’t know the exact reason behind the limitation, we certainly know the impact… and it has been so devastating to American national security, and so preposterous that the president’s power as Commander in Chief would not extend even that far — constitutional protections now extend to all foreigners living abroad? — that even Democrats are frantic to pass legislation undoing that disaster of a decision:

The practical effect has been to block the NSA’s efforts to collect information from a large volume of foreign calls and e-mails that passes through U.S. communications nodes clustered around New York and California. Both Democrats and Republicans have signaled they are eager to fix that problem through amendments to the Foreign Intelligence Surveillance Act (FISA)….

“This means that our intelligence agencies are missing a wide swath of potential information that could help protect the American people,” [Boehner] said. Boehner added that some Democrats are aware of the problems caused by the judge’s restrictive ruling and the problems it has caused for the administration’s surveillance of terrorism suspects.

“The Democrats have known about this for months,” Boehner said. “We have had private conversations, we have had public conversations that this needs to be fixed. And Republicans are not going to leave this week until this problem is addressed.”

This ruling hands us another demonstration, as if more were needed, that the federal judiciary is simply too slow, too rigid, and too deferential to precedent to be trusted with control over the gathering of intelligence in wartime. In past eras, nobody could have imagined so absurd a situation; judges did not tell the OSS what they could or could not do to intercept information about Nazi Germany, nor did the federal judiciary get to opine on whether it was legal for the United States to decode intercepted Japanese naval communications.

In particular, the current law, the Foreign Intelligence Surveillance Act, was enacted 29 years ago… not only a year before the current age of terror began but also the year before the first commercial cell phone network came into existence (in Japan). The FISA took neither modern communications nor the contemporary threat into account — since neither yet existed.

Judges on the FISC continue to decide cases about terrorism intelligence under rules meant to govern spying on the Soviet Union during the Cold War. The USSR was not going to attack us in a matter of hours; intelligence was generally long-term, required no immediate action, and could wait days (or weeks) upon the whim of a FISC judge, while he slowly pondered and mulled his way through years of caselaw and congressional legislation (typically arising from anti-intelligence agency bias in the post-Watergate political world).

The Judicial branch is inherently too slow-reacting to be the “gatekeeper” for terrorism intelligence: They are simply incapable of making decisions on the minute-by-minute schedule required to protect the United States from future terrorist attack. It’s like putting Ents in charge of national security.

The Director of National Intelligence, Mike McConnell, has been testifying on the Hill recently about a desperately needed change of mindset; he wants the gatekeeper to be, not a court — not even the special court set up to handle “foreign intelligence surveillance” (read “spying on the Soviets”) — but the Attorney General of the United States. If necessary, I presume a judge could intervene afterwards, if any of the intelligence was introduced as evidence in a criminal or civil court case. Again, even Democrats should understand the importance of this; after all, there is at least a 50-50 chance that the next president will be, in fact, a Democrat:

The effect of the judge’s decision to curtail some of that surveillance was to limit the flow of information about possible terrorism suspects, according to congressional staffers briefed on the ruling. Last week, McConnell told the Center for Strategic and International Studies that the government faces “this huge backlog trying to get warrants for things that are totally foreign that are threatening to this country….”

In April, McConnell proposed a much broader revision of FISA than what the administration is pressing Congress to approve this week. Under the new plan, the attorney general would have sole authority to authorize the warrantless surveillance of people “reasonably believed to be outside the United States” and to compel telecommunications carriers to turn over the information in real time or after it has been stored.

Democrats, still feeling heat from the MoveOn.org/Daily Kos wing of the party, have countered with a proposal that would expand the administration’s surveillance authority but still leave control in the hands of the FISA Court… and which would sunset in six months, presumably forcing the president to come back to Congress again and again, hat in hand, to beg for continued authority to safeguard the nation. This completely ignores the urgent question of timeliness.

For example, civil libertarians typically argue that warrantless surveillance was unnecessary because the current law allows the CIA or NSA to get a “retroactive” FISA warrant; but that only lasts for a limited period of time — after which, unless such a warrant is issued, the surveillance must stop and wait until the judge finally gets around to deciding. And as McConnell noted, there is a “huge backlog” for FISA warrants, a logjam that is impacting our ability to collect actionable intelligence in real-time, giving us the best chance of thwarting an attack.

Not only that, but in order to undertake surveillance under FISA and ask for a retroactive warrant later, the agency must still fill out all the paperwork first, before starting the surveillance; and the forms must include “probable cause” to tap that particular phone call, probable cause at the same level as it would take to get a warrant. Thus, no matter how suspicious a series of calls between Teheran and Mosul look, before we could listen to them under FISA, we would first have to have as much probable cause as we would need here at home to search the house of a suspected drug dealer!

This is an outrage. I strongly urge the president to get behind the McConnell proposal and really go to work twisting congressional arms behind backs to get this enacted. When talking to Democrats, stress the fact that if Hillary Clinton or Barack Obama is elected next year, then they’ll have the power… so it’s not a tribal-partisan issue!

We already have quite adequate protections against a president using the excuse of “foreign intelligence surveillance” to scoop up loads of information about American political activists; none of it could be introduced in court without a judge’s approval. But as far as actual, real-time intel about pending attacks on the United States or our allies, there is no reason for federal judges even to be involved… not until months or years later, when the scene shifts to a legal case. Just as it would be absurd for battlefield commanders to have to get judicial approval before ordering an attack on a terrorist safehouse.

Only the Executive has sufficient “energy” to be trusted with collecting military intelligence.

Hatched by Dafydd on this day, August 3, 2007, at the time of 3:52 PM | Comments (4) | TrackBack

August 1, 2007

Gonzales, Intelligence, and Perjury: the Penultimate Word

Today, Attorney General Alberto Gonzales received his best testimonial yet from the pen (all right, word processor program) of Director of National Intelligence Mike McConnell (all right, from some flunky who actually does the typing).

Our previous reporting on this issue can be spelunked here:

• FBI DIRECTOR SAYS GONZALES LIED! Oh, wait, no he didn’t… but we wish he had
• Gonzales Gotcha

As the post is fairly long — but absolutely fascinating, riveting! — I’m tucking the rest into the “slither on;” I urge you to read it; I can personally vouch that the author is brilliant when sober.

McConnell sent a letter to Arlen Specter (R-PA, 43%), ranking Republican on Chairman Pat Leahy’s (D-VT, 95%) Senate Committee on the Judiciary, trying to explain to Specter — as if to a retarded seventh grader — why Gonzales, in telling the truth, therefore did not lie:

In a letter to Sen. Arlen Specter (R-Pa.), McConnell wrote that the executive order following the Sept. 11, 2001, attacks included “a number of . . . intelligence activities” and that a name routinely used by the administration — the Terrorist Surveillance Program — applied only to “one particular aspect of these activities, and nothing more.”

“This is the only aspect of the NSA activities that can be discussed publicly, because it is the only aspect of those various activities whose existence has been officially acknowledged,” McConnell said….

McConnell’s letter was aimed at defending Attorney General Alberto R. Gonzales from allegations by Democrats that he may have committed perjury by telling Congress that no legal objections were raised about the TSP. Gonzales said a legal fight in early 2004 was focused on “other intelligence activities” than those confirmed by Bush, but he never connected those to Bush’s executive order.

Gonzales had been asked point blank, during Senate J-Com testimony, whether the argument in the hospital was over the TSP; he therefore, honestly and accurately, said no, it was about a different program… and he then offered to go into secret session to describe exactly what program he and then-Attorney General John Ashcroft discussed.

Chairman Leahy, however, had zero interest in finding out; he was only interested in screaming “perjury!” and demanding a special counsel (all right, manipulating four other Democrats on the committee, plus Majority Leader Harry “Pinky” Reid, D-Caesar’s Palace, 90%, into screaming perjury and demanding a special counsel; see links above.)

This seems pretty conclusive. So why “penultimate?” Because I cannot imagine that the Democrats — and their RINO acolytes, such as Arlen Specter — will discard the perjury card merely because Gonzales told the truth. I sense another shoe about to drop.

As it happens, I’m not just whistling past the gravy train; revisionism has already started. Now it turns out that even if Gonzales fully and truthfully answered the question, he still “misled Congress” because he did not immediately disclose every classified intelligence program in our arsenal… on national TV:

Charles E. Schumer (N.Y.), who was among a group of four Democratic senators who called last week for a perjury investigation of Gonzales, said: “The question of whether Attorney General Gonzales perjured himself looms as large now as it did before this letter.

“This letter is no vindication of the attorney general,” he said.

Is it just me? Shouldn’t the revelation that a statement thought perhaps to be perjury was in fact completely truthful at least make it implausible that it was also perjury?

And what about our esteemed RINO from Pennsylvania? Arlen Specter is witholding comment, as the Democrats have yet to give him a lead:

Specter was noncommittal yesterday on whether McConnell’s explanation resolved his questions about the accuracy of Gonzales’s previous testimony to the Senate Judiciary Committee, where Specter is the ranking Republican. Specter said he was waiting for a separate letter from the attorney general to provide additional clarification.

“If he doesn’t have a plausible explanation, then he hasn’t leveled with the committee,” Specter said on CNN. Justice spokesman Brian Roehrkasse said that “the department will continue to work with Senator Specter to address his concerns” but declined to comment further.

Pssst… Sen. Specter: Perhaps Gonzales’ “plausible explanation” for why he said that there was no dissent on the TSP, that it was on a different intelligence program instead, is that there was no dissent on the TSP… it was on a different intelligence program instead. You think?

Finally, the Washington Post indulges in one of liberalism’s favorite ploys; they quote an allegedly unbiased expert to “analyze” the situation — which analysis, oddly enough, always seems to point exclusively in one direction:

Kate Martin, executive director of the Center for National Security Studies, said the new disclosures show that Gonzales and other administration officials have “repeatedly misled the Congress and the American public” about the extent of NSA surveillance efforts.

[Sidebar: Am I the only person who has no recollection of Gonzales or President Bush ever claiming that the TSP was the only surveillance program we had? I would certainly hope we have many more than one — and in fact, many more than are known by the editors at the elite media.]

“They have repeatedly tried to give the false impression that the surveillance was narrow and justified,” Martin said. “Why did it take accusations of perjury before the DNI disclosed that there is indeed other, presumably broader and more questionable, surveillance?”

The “Center for National Security Studies” is a bitter, relentless partisan in the conflict between Congress and the White House over who should run this war (and previous wars, even back to the Clinton administration): From their website, it appears they invariably take the side of Congress in trying to extract information, no matter how heavily classified, from the Executive. Too, Kate Martin is a professor at ultra-liberal Georgetown University.

So we are shocked, shocked to discover that she is 100% on the side of Pat Leahy and Chuck Schumer (D-NY, 100%) in demanding that Albert Gonzales brief all members of both houses of Congress on every last intelligence surveillance program under the NSA, CIA, or any other intelligence agency.

Martin and her fellow Democrats demand that Leahy, et al, of the Senate Judiciary Committee be briefed — including the fifteen J-Com members who are not members of the Senate Select Committee on Intelligence… and there is a reason it’s called “select;” J-Com Chairman Leahy in particular was expelled from the Intelligence Committee… for leaking classified information (hence his nickname).

I guess Kate Martin has never heard the words “need to know.”

And the Democratic House is now competing with the Democratic Senate to see who can make the most outrageous demand. On Monday, Chairman of the House Judiciary Committee Chairman John Conyers, Jr. (D-MI, 100%) — who had evidently read the New York Times and Washington Post articles revealing that the Gonzales-Ashcroft main event really was about a different program than the TSP — fired off an angry letter to Attorney General Gonzales insisting that Gonzales spill the beans about every intelligence program we have… to John Conyers, who is not a member of the House Permanent Select Committee on Intelligence and never has been:

We have two potential concerns with the disclosure. First, at a time when the Administration is seeking to make changes to the Foreign Intelligence Surveillance Act, it is imperative that all members of the House Judiciary Committee be fully apprised of these controversial, and possibly unlawful, programs, and any related programs….

We now request copies of all opinions, memoranda, and background materials, as well as any dissenting views, materials, and opinions regarding the same, concerning the database program disclosed by the media yesterday.

Yow. Why doesn’t the White House just burn a few hundred CDs containing the complete NSA and CIA databases and pass them out to all 535 members of Congress?

(All right, 540 — counting D.C. Delegate Eleanor Holmes Norton, the delegates to the territories of American Samoa, Eni F. H. Faleomavaega, Guam, Madeleine Bordallo, and the United States Virgin Islands, Donna M. Christian-Christensen, and Resident Commissioner of Puerto Rico Luis Fortuño.)

And all their aides, of course; mustn’t forget the congressional aides, including those who are still teenagers. After all, if you can’t trust a teenaged girl with a deep and vital intelligence secret, well who can you trust?

The ultimate word of the Penultimate Word is this: Democrats in Congress will not rest until we have no secrets, none whatsoever; everything we know, every program we undertake to develop actionable intelligence against past, current, and future terrorist threats, should be instantly and unreservedly shared with thousands of senators, representatives, delegates, aides — and anyone else that anyone else might choose to enlighten.

The insanity (and inanity) of this position is manifest and requires no explanation. But the implication is chilling. This demand isn’t just surrendering in Iraq; the Democratic Party’s overt position has now become one of utter American defeat in the broader war against global hirabah (“unholy war”). Because if we were to reveal all that we were doing to collect intelligence… well, then we might as well not bother doing it, because none of it would work anymore.

Leahy is not an idiot, and neither is Schumer nor Conyers. They know the logical consequences of what they demand. So why do they demand it?

Straightforward question, simple answer: They believe “Nixoning” Bush, accusing him of a coverup, will help their political fortunes in 2008.

What I cannot answer is whether the motivation is core hatred of America as it currently exists… or depraved indifference to what, if we lost this war, America might become.

Hatched by Dafydd on this day, August 1, 2007, at the time of 5:03 PM | Comments (7) | TrackBack

July 29, 2007

Gonzales Gotcha

We rarely do this on Big Lizards, but never say never: In a previous post, with the improbably long title of FBI DIRECTOR SAYS GONZALES LIED! Oh, wait, no he didn’t… but we wish he had, we questioned the claim that FBI Director Robert Mueller had “contradicted” Attorney General Gonzales on the issue of which NSA program exactly had sparked a conflict between then-White House Counsel Gonzales and then-Attorney General John Ashcroft (rather, his assistant, James Comey).

Gonzales claimed that the contretemps was not, in fact, over the NSA al-Qaeda international phone call intercept program — which Congress today refers to as the Terrorist Surveillance Program, TSP — but rather a different NSA program entirely.

Democrats, with their usual delicacy and gravitas regarding classified information, demanded that Gonzales reveal the secret, classified NSA surveillance he claims was the actual subject of discussion, if not the TSP; and when the AG rejected the invitation to blow yet another vital national-security program, five Democrats demanded the White House appoint a special counsel to prosecute Gonzales for perjury.

The denouncers were…

…Four very liberal Democratic members of the Senate Judiciary Committee — Charles Schumer (D-NY, 100%), Dianne Feinstein (D-CA, 90%), Russell Feingold (D-WI, 100%), and Sheldon Whitehouse (D-RI — no rating as yet; he replaced “Republican” Lincoln Chafee) — plus Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%).

Another Democrat — whoops, my mistake — a lone Republican on the J-Com, Arlen Specter (R-PA, 43%), rallied support for Gonzales and the president, railing, “Do you expect us to believe that?”

(I’m certain I would have responded, “No; I expect you, per usual, to strut like a delusional rooster who thinks he’s a peacock because he shoved a feather duster up his arse,” and would promptly have gotten myself jugged.)

But every so often, the universe gives evidence that it is not cold and unfeeling… that it has, in fact, a jolly good sense of humor. Because the very next day (that would be today), Power Line reported the following:

Today the [New York] Times confirms that Gonzales told the truth. The legal dispute that broke out in 2004 was about the NSA’s “data mining” project, in which databases of telephone records were reviewed for patterns suggestive of terrorist cells:

A 2004 dispute over the National Security Agency’s secret surveillance program that led top Justice Department officials to threaten resignation involved computer searches through massive electronic databases, according to current and former officials briefed on the program.

It is not known precisely why searching the databases, or data mining, raised such a furious legal debate. But such databases contain records of the phone calls and e-mail messages of millions of Americans, and their examination by the government would raise privacy issues.

What’s comical about the Times’ reporting is that the paper can’t bring itself to acknowledge that this means Gonzales has been vindicated…

So it wasn’t the TSP after all (whether Arlen Specter believes it or no), it was the phone-record data-mining program… which is, in point of fact, “a different NSA program entirely.”

This simply annihilates the Democratic case for frog marching Gonzales out of office to be indicted for perjury; he wriggles off the perjury hook by the unconvincing technicality that he was actually telling, you know, the truth. Or as Hindrocket puts it, “what’s generally referred to as ‘truth’.” Ergo, consider this post nothing more than a gigantic moving finger pointing at John Hinderaker.

But of course, the Democrats have a ready-made response, for which they needn’t even look very hard. They will surely argue some variation on the following:

One certainly cannot accuse the Left of half measures. I can’t wait until the obsessed baby boomer Democrats are supplanted by the “yeah, right, whatever” generation.

Hatched by Dafydd on this day, July 29, 2007, at the time of 10:51 PM | Comments (4) | TrackBack

July 26, 2007

FBI DIRECTOR SAYS GONZALES LIED! Oh, wait, no he didn’t… but we wish he had

Here is the shock headline from AP: “FBI Director Contradicts Gonzales”… the perfect “gotcha” by the elite media against the Bush administration, the smoking gun that could bring down the president — just the way the Washington Post brought down Richard Nixon.

And this is the entirety of AP’s explanation of the staggering charge… which, if true, could lead to Gonzales’ indictment, firing, disgrace, and possibly prison time for perjury and contempt of Congress — all of which four Democratic members of the Senate Judiciary Committee plus the Democratic Majority Leader devoutly believe Gonzales (and Bush, Cheney, and Karl Rove) deserves:

The head of the FBI contradicted Attorney General Alberto Gonzales’ sworn testimony and Senate Democrats requested a perjury investigation Thursday in a fresh barrage against the truthfulness of President Bush’s embattled longtime friend and aide.

Wow, now there’s specificity! Upon close examination, however, it appears that this is not a report… it’s their own conclusion; AP concludes that Mueller’s testimony and Gonzales’ testimony are in conflict… and rather than report that “Gonzales Contradicts FBI Director,” they decide to report it the way they did.

The New York Times is more forthcoming:

The dispute over the truthfulness of Attorney General Alberto R. Gonzales reached a new intensity today as the F.B.I. Director, Robert S. Mueller 3d, contradicted Mr. Gonzales’s sworn testimony before a Senate committee.

Mr. Mueller told the House Judiciary Committee that the Bush administration’s secret eavesdropping program was the main topic at an encounter in the hospital room of then-Attorney General John Ashcroft on March 10, 2004, contrary to what Mr. Gonzales told a Senate panel on Tuesday….

In his testimony before the Senate panel on Tuesday, Mr. Gonzales said the subject in the hospital room was “intelligence activities” under debate in the administration, but not the secret eavesdropping program.

But Mr. Mueller contradicted that version of events today, several hours after four Senate Democrats called for the appointment of a special counsel to investigate whether Mr. Gonzales perjured himself before Congress.

Even the Times dances around the real question; the reader really has to dig to find out the trivial nature of the supposed contradiction: The real question is — exactly which “secret eavesdropping program” was the “main topic” of a four year old conversation?

The particular program that the Times means, and what they think Mueller meant, is the NSA-al Qaeda international telephone intercept… the one which the Times itself deliberately blew in December 2005. For future reference, we shall refer to this particular program, per la Casa Blanca, as the Terrorist Surveillance Program, or TSP.

After two years of the Justice Department’s routinely certifying the legality of the TSP — and, according to Gonzales, other intelligence programs that have not yet been leaked — then-Attorney General John Ashcroft suddenly fell ill. While he was in the hospital undergoing gall-bladder surgery, his assistant, James Comey, was in charge.

At that moment, the annual request for continued Justice Department legal certification came from the White House… and Comey, without waiting for Ashcroft himself to come back to work (there was no particular urgency about the request), took it upon himself to refuse, on behalf of the Department of Justice, to certify that some NSA covert-surveillance program was legal. Comey did not supply any reason for the abrupt denial.

Then White House Counsel Alberto Gonzales worried that this may have reflected Comey’s own discomfort with the program or programs, rather than the attorney general’s. So Gonzales, who understood that Ashcroft was out of surgery and recovering, hied himself off to the hospital to ask him whether Comey spoke for the AG or just for himself.

Here is where it gets murky: current Attorney General Gonzales explicitly said that the main topic of his conversation with Ashcroft was not the TSP but a different, similar NSA program. He says there was no “internal dissent” about the TSP.

But along comes FBI Director Robert Mueller:

Mr. Mueller was testifying at an F.B.I. oversight hearing when he was questioned by Representative Sheila Jackson Lee, Democrat of Texas.

“Did you have an understanding that the conversation was on T.S.P.?” the Congresswoman asked, using the shorthand for terrorist surveillance program.

“I had an understanding the discussion was on an N.S.A. program, yes,” Mr. Mueller replied, using the abbreviation for the National Security Agency. A moment later, he added that the discussion was on the warrantless eavesdropping program “that has been much discussed, yes.”

The conflict in accounts could be significant, because Mr. Gonzales’s critics have accused him of trying to convey the false impression that the N.S.A. program had spawned no serious dissension within the Bush administration.

Let’s drill down a bit here…

• Did Mueller testify that the discussion was about TSP? No, he never said TSP; he said “an N.S.A. program” which had been “much discussed.”
• So Mueller testified that the conversation was about a much-discussed NSA program? Actually, not even that much; he testified that that was his “understanding.”
• What is the difference? Very simple — yet evidently too tricky for either AP or the Times to get into explicitly: Robert Mueller was not present during that hospital discussion. His “understanding” was formed ex-post facto by subsequent conversations with other people.

Mueller arrived later, after the discussion was over and Gonzales was gone; he talked to Attorney General Ashcroft. Somehow, he gained the impression that the main topic of conversation was about the TSP. But he did not gain that impression from hearing the conversation himself but from talking to Ashcroft.

• Oh, now I get it… so Mueller testified that Ashcroft told him that was the subject of the conversation? No; nobody has reported that Mueller so testified… not even the Times. Only that his conversation with Ashcroft left him with the impression that the “main topic” was the TSP.
• Well what exactly does the Times say about what Mueller said was the source of his understanding? They don’t say.

You don’t say! So on the basis of the gut feeling about the topic of a conversation that the feeler did not in fact witness, four very liberal Democratic members of the Senate Judiciary Committee — Charles Schumer (D-NY, 100%), Dianne Feinstein (D-CA, 90%), Russell Feingold (D-WI, 100%), and Sheldon Whitehouse (D-RI — no rating as yet; he replaced “Republican” Lincoln Chafee) — plus Majority Leader Harry “Pinky” Reid (D-Caesar’s Palace, 90%), have demanded a special prosecutor be appointed to investigate Alberto Gonzales for — perjury!

There are many possible ways to square the two testimonies (before two different committees) without resorting to the absurd claim of perjury:

• Mueller may have been told by Ashcroft a different program; but since it didn’t mean anything to Mueller, and since more than four years have passed — during which the TSP received extraordinary attention in the elite media — Mueller’s memory may have been contaminated without him even knowing it.

This is actually a very common phenomenon that we have all experienced: As I believe Isaac Asimov said once, We all tend to remember things, not the way they happened, but the way they should have happened. It’s precisely the reason we sequester juries and certain witnesses in court trials: To avoid their memories being tainted by exposure to news and discussion.

But there are other possibilities as well:

• Ashcroft — knowing he was in an unsecured location where the walls could have ears, likely did not actually name the still secret program. He could have said merely “a secret NSA surveillance program”… and Mueller may have leapt to a conclusion.
• There could have been multiple topics covered in the conversation; Alberto Gonzales and John Ashcroft may honestly differ about which of several topics was “the main topic” of the discussion.
• There may still be confusion, even now, over what, exactly, Mueller meant by his testimony.

On that last point, consider this earlier AP version which (sourcing trouble alert!) NewsMax.com reprints:

“Did you have an understanding that that the conversation was on TSP?” asked Rep. Sheila Jackson Lee, D-Texas. TSP stands for terrorist surveillance program.

“I had an understanding the discussion was on a NSA program, yes,” Mueller answered.

Jackson asked again: “We use ‘TSP,’ we use ‘warrantless wiretapping,’ so would I be comfortable in saying that those were the items that were part of the discussion?”

“The discussion was on a national NSA program that has been much discussed, yes,” Mueller responded.

So if we assume (a) that NewsMax did not literally fabricate this quotation, and (b) that AP actually knew what it was talking about, and (c) that AP was not subtlely trying to undermine the Democratic attack on Gonzales, then we must conclude that Mueller did not, in fact, “[add] that the discussion was on the warrantless eavesdropping program ‘that has been much discussed, yes.'”

All that the earlier AP piece claims is that Mueller testified that the discussion was on “A national NSA program that has been much discussed.” The indefinite article, not the definite… or as Richard Dreyfus says in the movie Jaws, “you caught a shark, not the shark.”

In any case, “discussed” by whom? Nobody asked Mueller, he did not volunteer what he meant, and AP is silent; we don’t know whether he meant “much discussed” by the elite media — or (for example) “much discussed” in various congressional committees. In other words, even the phrase “much discussed” is ambigous.

If the Senate Judiciary Committee were really interested in finding out whether there is even a contradiction between Mueller and Gonzales, then before screaming for a special prosecutor, they could subpoena Mueller and point-blank ask him — in secret testimony, away from cameras — whether he means that his “understanding” was that the main topic was the TSP; and also exactly what gave him that impression. Then subpoena private citizen John Ashcroft and ask him what he remembers it being about.

Finally, according to earlier accounts (I would love a link to this), Gonzales actually offered to tell the Senate J-Com exactly what program he remembers the discussion being about… but Chairman Patrick Leahy (D-VT, 95%) actually turned Gonzales down. He demanded that the attorney general reveal the program to the committee in open session with TV cameras rolling.

That is, “Leaky” Leahy demanded that Gonzales “blow” a hitherto undisclosed classified anti-terrorist program.

If Democrats really wanted to get to the bottom of this, they could subpoena Mueller, Ashcroft, and accept Gonzales’ offer to reveal exactly what program he thought the discussion was about. Then they could ask Ashcroft whether, with prompting, Gonzales might be right… and ask Mueller whether, after having his memory jogged, Gonzales may be accurate and truthful.

Then, if everyone but Gonzales says it was about the TSP, you might have a basis for a referral; but even then, I would be skeptical, since perjury requires the intent to deceive… and this could be an honest misremembering by Gonzales, Mueller, or Ashcroft.

But the J-Com Dems chose not to take this route; they didn’t want clarity, they wanted a headline. Thus, on the basis of impressions and feelings, four ultra-liberal Democratic members of the Senate Judiciary Committee plus the Majority Leader — each of whom is on record as hating Bush and all that Bush has done in response to 9/11 — demand that a new “Patrick Fitzgerald” be appointed to prosecute Gonzales and attempt to put him in prison and ruin his life.

This is the politics of personal destruction… Democrat style.

Hatched by Dafydd on this day, July 26, 2007, at the time of 4:40 PM | Comments (23) | TrackBack

July 25, 2007

A Constitutional Crisis – Which We’ll Get to Sometime Next Fall…

The House Judiciary Committee hath spake: The refusal by the White House to allow aides and former aides (current Chief of Staff Joshua Bolton and former White House Counsel Harriet Miers) to testify under oath before the committee about every piece of confidential advice, legal opinion, and memo ever given the president — so that the committee can go fishing and try to find something legally or politically damaging that they can use in 2008 — is a constitutional crisis of such monumental proportions that the only recourse Congress has is to try to put Bolton and Miers in prison.

It’s a crushing blow to constitutional government, government of the people, by the people, and for the people. There is no other remedy available; the national conscience requires a showdown, the destruction of the careers of two former high officials, and the loss of their liberty.

The nation is in urgent peril… Congress must have that information. And they’ll get around to doing something about it just as soon as they get back from their August recess, or maybe a month or so later:

The House Judiciary Committee, in a straight party-line vote, approved a contempt resolution against White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers, setting up a constitutional battle between the Bush administration and Congress over executive privilege.

After several hours of skirmishing over whether to send a contempt resolution to the House floor, the committee voted by a 22-17 margin to approve the measure.

Speaker Nancy Pelosi (D-Calif.) and other Democratic leaders will now have to decide if and when to hold a vote by the full House on the resolution.

Update – Pelosi’s office just released a statement on the issue. Pelosi signaled that the House will not take up the resolution until September.

After all, going home and campaigning is an important constitutional duty, too, you know….

I think the White House has properly characterized this effort:

“This is something that the drafters of this particular referral know has very little chance of going anywhere,” White House spokesman Tony Snow said just after Wednesday’s vote.

He likened the Democrat-driven investigation into the firings to “throwing mud against the wall and hoping something’s going to stick.”

But hey: Democrats… throwing mud… some marriages are simply made in hog heaven.

Hatched by Dafydd on this day, July 25, 2007, at the time of 3:03 PM | Comments (8) | TrackBack

July 23, 2007

Democrats Snub Vets for Freedom: Look What You Made Me Do!

During Democrats’ slumber party last week, thirty some young veterans gathered on the Hill. They were members of a group called Vets for Freedom, which comprises Afghanistan- and Iraq-war veterans. The vets’ aim was to appeal to senators to support the war: They hoped to let them know that a majority of servicemen in Iraq and Afghanistan want to finish the job and give Petraeus’ strategy a chance to work.

Alas, Democratic leaders were so busy chanting “Bring the troops home” that they couldn’t be bothered with actual vets, the very people about whom they so passionately claim to care. The MSM tried to ignore the Vets too; but it became impossible to completely freeze them out when the President of the United States spent a long hour talking with them. (Hat tip Power Line)

Thus it became necessary to crush VFF. When a pro-war group like them becomes visible, the anti-war crowd must pull out all the stops to discredit them. Besides, there was also the fine motive of retaliation driving the Left onward: When anti-war “veterans” groups, such as An Appeal to Redress, started demanding American defeat, they were ripped to shreds by milbloggers. So it’s “only fair” that left wing bloggers take a club to the VFF like a fur hunter to a baby seal.

The anti-GOP-war crowd seems to be especialy ticked off by VFF’s claim to non-partisanship. This criticism by the Center for Media Democracy, a leading anti-VFF group, is typical:

Who and what is behind the organization Vets for Freedom, a lobby group for staying the Administration’s course in the war in Iraq? Contributors to our investigative website SourceWatch are wondering exactly that…. Its supposedly non-partisan patriotic agenda is looking rather suspect. Will it become to the 2006 Congressional elections what the Swift Boat Veterans for Truth were in 2004? A Republican front for waging ad hominem attacks, this time on politicians like John Murtha who are calling for an end to the US occupation?

In fact the CMD has dedicated an entire section of its webzine SourceWatch to discrediting the VFF, alleging they were a “front organization” for the Republican Party. But in the process of trying to prove rampant partisanship, the CMD accidentally makes the case instead that Democrats simply don’t support our troops.

Let us take a little journey into the strange world of left-liberal conspiracy mongering…

(Please follow the “slither on” for the rest of the story, as Paul Harvey says.)

The SourceWatch article on VFF begins by referring to them as “a Republican front group managed by Republican-affiliated public relations, media, legal, and political consultants.”

Let us first clarify what being a “Republican front group” means: It means that your primary goal is to advance a the GOP’s political agenda. Merely receiving most of your support from Republicans is not proof of GOP partisanship; nor does it make you a front group if more Republicans happen to agree with your agenda than do Democrats. Political-party partisanship means that your agenda is the advancement of one party, rather than an independent goal, such as ending legal abortion or rolling back gun prohibition.

Why is this important? Because the CMD calls Vets for Freedom a front group; but the only evidence they produce is that more Republicans than Democrats are aligned with these soldiers and Marines… which the CMD wants you to believe is the same thing.

It’s not. For one example, the National Rifle Association usually supports Republicans; but that’s just because more Republicans than Democrats support gun rights. But they will support a pro-gun Democrat over anti-gun Republican… so they’re not just a Republican front group.

VFF’s sole agenda is the full-hearted completion of the Iraq and Afghanistan wars; for that reason, they strongly support Sen. Joe Lieberman (I-CT, 75%-D, 17%-R), even though he is not a Republican. Bearing that definition in mind, let us examine some of the criticism the Center for Media Democracy hurls against VFF.

Claim: members of VFF are “neocon lobbyists”

The CMD’s SourceWatch article on Vets for Freedom states that some members of VFF are “affiliated” with neocon Weekly Standard publisher Bill Kristol; by this, they mean that some VFF members sold pro-war articles to Kristol’s Weekly Standard, rather than to Time, Vanity Fair, or the Nation:

Non-partisan, bi-partisan or neocon lobbyists?

VFF member Alex Gallo, a West Point graduate who served in 2004 as an infantry officer in Samarrah, Iraq, wrote a pro-war in Iraq article[6] that was published July 18, 2007, by the National Review Online owned by neoconservative Bill Kristol, “the No. 1 cheerleader for the Iraq war.” [What the heck? Bill Kristol “owns” NRO? I’ve never heard that before; NRO is edited by Kathryn Jean “K-Lo” Lopez and supported by donations. Kristol doesn’t even write for them, having his own competing conservative magazine.]

Gallo is currently a “masters in public-policy candidate” at Harvard University’s John F. Kennedy School of Government[8], where he is “course assistant” for Kristol’s “Can America be Governed?”[9] In 2006, Kristol assisted VFF-AF in its pro-war in Iraq campaign support of Sen. Joe Lieberman (I-Conn.)….

In 2006, former White House spokesman Taylor Gross’s public relations firm the Herald Group helped VFF co-founder Wade Zirkle and “fellow Iraq veteran David Bellavia approach mainstream newspapers to offer dispatches from the two as war correspondents embedded with the military. The two eventually got press credentials through the neoconservative Weekly Standard, whose editor, Bill Kristol, became an informal adviser to the group and helped put it in touch with” Republican strategist Dan Senor, who was “on retainer to help with fundraising.

The truth: What do we learn from this? That Kristol — who supports the war — publishes writers who support the war. Shocking! It does not make VFF “lobbyists” (who are they supposed to have lobbied — private citizen Dan Senor, private citizen Taylor Gross, or private citizen Bill Kristol?)

Typically, the word “lobbyist” means a paid advocate for somebody else’s position; VFF members talked to congressmen on behalf of their own beliefs, not anybody else’s. And of course, nobody paid them to do so. We already have a phrase for such nefarious activity, and it’s not “lobbying”: It’s “petitioning Congress.”

Claim: VFF is a “right-wing” organization

By similar reasoning, the CMD leaps upon the fact that right-wing bloggers, magazines, and one supposedly conservative newspaper (the Wall Street Journal), but no left wingers, reported VFF’s call for a rally on the Hill on July 17th:

On July 13, 2007, Hegseth issued a second urgent call to action, which was reposted on a number of right-wing-leaning blogs, as well as by the conservative [promoted from “neoconservative?”] online publication The Weekly Standard, in which he asked “every Iraq and Afghanistan veteran who believes in supporting the mission — and defeating America’s enemies — to converge on Capitol Hill in Washington, DC, on Tuesday, July 17. It’s time the fighters in this war tell their representatives — face to face — that now is no time to betray the mission.”

The truth: Anti-war left-wing bloggers and editors evidence no interest in promoting VFF’s pro-war effort; surprise, surprise on the Jungle Cruise tonight. I’m certain that if Kos or Juan Cole or the New York Times had offered to help spread the word, VFF would not have refused.

Instead of rooting around for some hidden conspiracy behind the VFF swarm on Capitol Hill, the Center for Media Democracy should ask one simple question: Why did only one mainstream news organization — the Wall Street Journal — cover the events in Washington D.C.? If it’s newsworthy when An Appeal for Redress talks to members of Congress on behalf of retreat, defeat, and surrender, why isn’t it equally important when a pro-war group of veterans of Iraq and Afghanistan talk to Congress on behalf of victory?

What is the CMD proving? Only that when it comes to actually supporting our troops — which includes supporting the mission that they believe is so urgent — Democrats, RINOs, and other liberals are deserters under fire.

Claim: VFF was only interested in meeting Republican lawmakers

SourceWatch describes Vets for Freedom’s meetings with various senators in the Capitol in a way that makes it sound as if VFF were only interested in meeting with Republicans — with the Left’s favorite whipping boy, Joe Lieberman, being the only exception:

Hegseth wrote in his July 16, 2007, update that VFF “will also have a group meeting with Senate leaders to discuss Iraq war policy. In addition, be on the lookout for our afternoon press conference, which will take place just off the Senate floor.”

On July 16, 2007, VFF issued a press release stating that it would hold its press conference at 3:00pm on July 17, 2007, in the Mansfield Room (S-207) at The Capitol with “Senate Republican Leader Mitch McConnell (R-KY), Republican Conference Chairman Jon Kyl (R-AZ), Homeland Security and Government Affairs Committee Chairman Joe Lieberman (I-CT), Senator Lindsey Graham (R-SC), other senators.”

This was confirmed in part by a local South Carolina TV news report that stated Senator Lindsey Graham “will join Vets for Freedom and a bipartisian group of senators who support the new strategy in Iraq.” It should be noted that the only non-Republican named is Sen. Lieberman.

The truth: So why weren’t there any Democrats present at the press conference? SourceWatch leaves us with the impression that VFF only invited “Republicans.”

But this is complete nonsense, and the authors of the SouceWatch article clearly know that. The CMD knows very well that VFF did not go to the Hill just to talk to Republicans; rather, their request to meet with Speaker of the House Nancy Perosi (D-Haight-Ashbury, 95%) and Majority leader Harry Reid (D-Caesar’s Palace, 90%) for five minutes each was summarily rejected. Neither would any other Democratic or even squishy Republican lawmaker agree to meet with them.

But wait… how do we know that SourceWatch was aware of this? Couldn’t it have been an honest mistake? Hardly: SourceWatch itself confirms this fact, without evidently noticing that it completely undermines their narrative:

VFF’s “mission”, Aoife McCarthy reported in The Politico, was “to reassure the GOP lawmakers supporting President Bush’s war strategy as they endure a pummeling at home in TV ads and automated telephone calls from anti-war groups. And maybe, the veterans hoped, they could change the minds of other lawmakers…

“The only senators who would meet with the pro-surge veterans were those who already shared their view. The real targets — war opponents or wobbly supporters — sent a first wave of senior aides to shield themselves from the pitch,” McCarthy wrote.

Neither Democratic leaders nor RINOs have the least interested in what actual veterans of the very wars in question have to say. This is what makes VFF a “Republican front group managed by Republican-affiliated public relations, media, legal, and political consultants”… at least according to SourceWatch.

Claim: VFF has questionable funding sources

From the begining, the Center for Media Democracy has claimed that VFF’s funding comes from questionable sources. As of June, 2006, CMD had found nothing more than the following (from the CMD link above):

1. The VFF has a “rather fancy website.”
2. At one time, but no longer, the VFF’s privacy notice on its website stated “We may from time to time share the information our visitors provide with other Republican candidates and other like-minded organizations.”
3. “The organization contests and condemns the views of Democratic Congressman John Murtha, the Democrat calling for the United States to pull troops from Iraq.”
4. “Virtually no information is available about the funders and organizations behind Vets for Freedom”

One year later, their investigation has not progressed much (from the SourceWatch link):

A disclaimer on the bottom of each VFF web page states “Vets for Freedom is a nonpartisan, tax-exempt organization. Contributions are not deductible for federal income tax purposes.”

Originally, the organization’s precise tax status (501c3, 501c4, 527 committee) was not stated and virtually no information was available on the Vets for Freedom website about the funders and organizations behind Vets for Freedom, making it difficult to evaluate the degree to which the organization might have been part of a war propaganda campaign interacting with the Bush Administration, the Pentagon, the American Legion and/or other ideologically-driven public relations and lobbying efforts that have exploited for political purposes the issues of US war veterans and their families, such as Move America Forward and the Swift Boat Veterans for Truth. [Not that SourceWatch, or their parent organization the Center for Media Democracy, would ever engage in propaganda by inuendo…!]

The truth: In other words, CMD has no information whatsoever indicating that VFF is funded by the Republican Party, or is a front for Richard Melon Scaife, or is even owned by that well-known proprietor of National Review Online, Bill Kristol.

But perhaps the very absence of evidence is sinister evidence of presence: After all, if VFF didn’t have something to hide, why would they go to such extraordinary lengths to cover up all that evidence?

Ergo…

So what do we have here? CMD cannot prove that VFF is a “front group” of the GOP. They cannot demonstrate that VFF is partisan. They cannot even find anything funny about the funding.

CMD set out to discredit these war veterans, presumably on the grounds that nobody who had fought in Iraq and Afghanistan could possibly support those wars (they’re all loser high-school dropouts stuk in Irak anyway). Instead, they proved the very point which we pro-war, right-leaning bloggers have been making for years: That Republicans care about the troops… and Democrats don’t.

Bravo, CMD; kudos, SourceWatch… keep up the good work!

Hatched by Sachi on this day, July 23, 2007, at the time of 4:29 AM | Comments (10) | TrackBack

July 19, 2007

The Johnson Juncture

Sen. Tim Johnson (D-SD, 85%) remains medically unable to participate in congressional floor action, unable to vote, unable to represent the voters in South Dakota. He is up for reelection in 2008.

What are the Democrats to do?

Although we hear now and again that the senator is “improving” or “getting better,” that he was discharged from the hospital, that he’s doing some work, and even that he “co-sponsored” a bill… I don’t believe anyone outside his staff, other Democratic politicians, and his immediate family has seen him… at least not so far as I have heard. And while I don’t want to sound like a vulture, the simple fact is that we’re not just talking about “Tim Johnson” the man; we’re also talking about Sen. Tim Johnson, one of only two representatives that South Dakota has in the United States Senate.

It’s been more than seven months since his cerebral incident; his recovery was supposed to take “several months,” but it’s been that much and more… and he still cannot even vote. There have been 253 roll-call votes in the Senate this session; I clicked randomly on about fifteen of them, spread throughout the session, and Johnson was listed as “not voting” in every one. I believe he has not voted even a single time since his illness.

Events may force themselves upon state Democratic Party leaders. At some point — certainly as campaign season opens in earnest in a few months — I would expect he would have to be actually seen campaigning. Not to put too fine a point on it, I doubt the voters of South Dakota will reelect a senator who is still too ill to campaign.

Which means Johnson and his campaign staff have a decision to make: They must decide a cut-off date by which he is either well enough to proceed with reelection… or else he should announce he is not running. If they wait another seven months to next February to decide, the eventual Democratic candidate (presumably Rep. Stephanie Herseth Sandlin, 65%, South Dakota’s only House representative) could be royally hosed, having no time to raise money, campaign, or introduce herself and her campaign themes to the state. (Yes, I know it’s a statewide office; but voters know her as a sophomore congresswoman, not a senator. It’s different.)

This is also important to the Republicans. If Sen. Johnson will not be running, then regardless of who the GOP nominates — Gov. Mike Rounds, if they can get him; or Lt. Gov. Dennis Daugaard, Senate Majority Leader David Knudson, or State Rep. Joel Dykstra, if Rounds chooses not to run — South Dakota will become a very vulnerable Democratic seat. If it’s going to be vulnerable, then the National Republican Senatorial Committee had better prepare to recruit hard and spend a lot of money there.

But if Johnson is going to be well enough to run, his 70% popularity (especially with the sympathy vote) might make him invulnerable… and that would definitely change the NRSC’s roadmap.

Here is what Larry Sabato’s Crystal Ball says about this race:

South Dakota is also something of a wild card, with Senator Tim Johnson not expected back on the Hill until September following his well-publicized health problems. There has been no announcement about whether Johnson will run again, and such an announcement is unlikely to come before he resumes his regular duties in the fall. On the Democratic side, the state’s at-large Representative, Stephanie Herseth Sandlin, appears to have the primary field to herself if Johnson retires, since former Senator Tom Daschle has shown no signs of making another bid. For Republicans, things are much more uncertain, with the current Governor, Lieutenant Governor, and state senate Majority Leader all considering running, but waiting for more information about Johnson’s condition and whether he will seek reelection.

Johnson is “expected” to be back in the Senate in the fall; but he was originally expected to be back much sooner. So if December rolls around and he’s still not ready… what then?

Hatched by Dafydd on this day, July 19, 2007, at the time of 4:31 AM | Comments (10) | TrackBack

July 17, 2007

NIE Assessment of Threats Inexplicably Fails to Include Democrats – Updated

Source update: See below.

Warning: The just-released NIE from the Directorate of National Intelligence, coupled with the Democratic response to it, may lead to a serious and traumatic case of mental whiplash (quick, somebody call John Edwards!)

Here is one of the central findings of the NIE:

We assess that al-Qa’ida will continue to enhance its capabilities to attack the Homeland through greater cooperation with regional terrorist groups. Of note, we assess that al-Qa’ida will probably seek to leverage the contacts and capabilities of al-Qa’ida in Iraq (AQI), its most visible and capable affiliate and the only one known to have expressed a desire to attack the Homeland. In addition, we assess that its association with AQI helps al-Qa’ida to energize the broader Sunni extremist community, raise resources, and to recruit and indoctrinate operatives, including for Homeland attacks.

Translation: Since AQI is the only element associated with the broader al-Qaeda that is actually fighting hirabah against the West on a daily basis, broader al-Qaeda will try to team up with AQI (now contained with the “Islamic State of Iraq” group) to carry attacks to the American homeland. Success by AQI feeds success by the umbrella organization; defeat of AQI is defeat of al-Qaeda.

But here is the Democratic response to this section of the report:

Mr. Reid said the report underlines the urgent need to change course in Iraq, an argument also made by Representative Ike Skelton, the Missouri Democrat who heads the House Armed Services Committee. “We must responsibly redeploy our troops out of Iraq,” Mr. Skelton said in an interview with The Associated Press. “This will allow us to concentrate our efforts on Afghanistan and the Al Qaeda terrorists who attacked us on 9/11.”

Equally important to the threat is the effectiveness of our response to the threat. How are we doing? Here is what the NIE says:

We assess that greatly increased worldwide counterterrorism efforts over the past five years have constrained the ability of al-Qa’ida to attack the US Homeland again and have led terrorist groups to perceive the Homeland as a harder target to strike than on 9/11. These measures have helped disrupt known plots against the United States since 9/11.

The Democrats interpret this passage thus:

But Senator Harry Reid of Nevada, the Democratic majority leader, said the report shows that the Bush administration’s national security strategy “has failed in its most basic responsibility,” to capture or kill Osama bin Laden and his confederates and to eliminate the threat posed by their terrorist network.

Yeah, I remember that codicil to the 2001 Authorization for the Use of Force: that the only real goal of the War Against Global Hirabah is to capture or kill Osama bin Laden, personally. Not even Ayman Zawahiri — al-Qaeda’s actual operational leader — counts as anything other than one of “his [OBL’s] confederates”… or in Gilligan’s Island terms, one of “and the rest.”

Bin Laden is the top man, and we should focus all of our resources, manpower, and effort on coming up with a plan to, as military strategist Phil Donahue put it, “just go right in there and get him.”

Then we can all just go home and back to sleep.

Republicans appear to have a different interpretation of the NIE:

Representative John A. Boehner of Ohio, the Republican minority leader, said that the new intelligence estimate confirms that the administration’s policies have weakened terrorist capabilities. “Retreat is not a new way forward when the safety and security of future generations of Americans are at stake,” he said in a statement.

What is most remarkable about the part of the NIE made public is the studied indifference to figuring out who is really behind the world’s Islamic terrorism; while most serious analysts have had the revelation that all roads lead to Teheran (passing through Damascus), the unclassified portion of the NIE only mentions Iran in a single sentence — and only as it relates to Hezbollah, which is openly the terrorist arm of the ayatollah:

We assess Lebanese Hizballah, which has conducted anti-US attacks outside the United States in the past, may be more likely to consider attacking the Homeland over the next three years if it perceives the United States as posing a direct threat to the group or Iran.

I hope the classified section is less circumspect.

I read not a single word about Iran’s support for ostensibly Sunni Hamas, or their support for both Iraqi Sunni terrorists (foreign and domestic) and also Shiite death squads, such as the Mahdi Militia that used to be controlled by Iranian puppet Muqtada Sadr.

And not even a nod towards the new evidence of a strong connection between Iran and al-Qaeda terrorists, as elucidated by Michael Ledeen at NRO (hat tip to Scott Johnson at Power Line). Ledeen quotes the president, who stands virtually alone among Republican or Democratic politicians in perceiving the true global nature of this struggle:

At his press conference last week, President Bush — echoing the public assessments from his military underlings in Iraq — gave a clear picture of the war. Remarkably, not a single political leader or pundit saw fit to notice the dimensions of the war he described:

The fight in Iraq is part of a broader struggle that’s unfolding across the region…The same regime in Iran that is pursuing nuclear weapons and threatening to wipe Israel off the map is also providing sophisticated IEDs to extremists in Iraq who are using them to kill American soldiers.

The same Hezbollah terrorists who are waging war against the forces of democracy in Lebanon are training extremists to do the same against coalition forces in Iraq.

The same Syrian regime that provides support and sanctuary for Islamic jihad and Hamas has refused to close its airport in Damascus to suicide bombers headed to Iraq.

…the war against extremists and radicals is not only evident in Iraq, but it’s evident in Lebanon, the Palestinian Territories and Afghanistan.

(I heard on Brit Hume yesterday that the president intends to use executive orders to put heavy sanctions on companies and organizations controlled by the Iranian Revolutionary Guard; and that Bush plans to declare Iran’s Qods Force a “terrorist organization,” which will trigger a whole raft of new sanctions and prohibitions… which I hope will make it even easier to seize and hold (or kill outright) any Qods Force member caught outside Iran — say in Waziristan, the Horn of Africa, or even the United States. But I cannot find written verification of this story; can any commenter help me out here? Thanks.)

If I must sum up the NIE in a single sentence, it would be this: The situation is improving, we’re making much headway, but al-Qaeda, its affilliates, and other terrorist groups are still dangerous, toxic, and relentless… so keep fighting the good fight.

How the Democrats can translate this to “Nothing to see here, let’s all just declare defeat and go home,” is beyond my comprehension or forgiveness. 20 years from now, if we’re still here — and I firmly expect us to be — there will be a lot of once-powerful Democratic “leaders” hiding in the dark and silent places, desperately hoping to be forgotten… because the alternative — to be remembered — is too painful.

Hatched by Dafydd on this day, July 17, 2007, at the time of 5:48 PM | Comments (12) | TrackBack

April 7, 2006

Goodbye D.C., Hello Baghdad

I cannot, will not join in this Snoopy dance of glee at the complete inability of Republicans and Democrats in the Senate to come to agreement on a very fair and reasonable immigration compromise. Every single substantive objection on either side can be fixed. The fixes are not difficult to find. There is only one objection that is insurmountable: liberal Democrats and conservative Republicans appear have allied to force the bill to collapse.

One of those two groups is rationally pursuing its own self interest; it will actually benefit at the ballot box if the effort collapses completely. Sen. John Kyl (R-AZ) is not in that group. The reality is that if this bill ends up collapsing, it will cause Republicans to lose seats in the House and Senate in November… which hurts conservatives in Congress a heck of a lot more than it hurts Nancy Pelosi (D-San Francisco) or Harry Reid (D-Las Vegas).

It’s unfathomable to me that men and women who belong to the world’s most exclusive club, what it pleases them to call “the greatest deliberative body in the world,” are congenitally incapable of deliberating. Instead they posture, the proclaim, they throw hysterical tantrums. They act more like the Shia in the Iraqi National Assembly than like grown-up adults who actually care about America. Goodbye, D.C., and hello Baghdad.

The deal has collapsed (at least for the moment) because of conservative Republican attempts to amend the bill (two amendments in particular) and the Democrats’ filibuster of those amendments. So let’s start with the amendments themselves.

In theory, they’re not bad; but the devil once again lurks (as usual) in the details:

One amendment would have required the Department of Homeland Security to certify that the border was secure before creating a guest worker program or granting legal status to illegal immigrants. Another would have had the legalization program bar illegal immigrants who had deportation orders or had been convicted of a felony or three misdemeanors. Democratic critics of the proposals said they were intended to ensure that the legalization process would never be implemented.

Gosh, who could argue with those? What possible reason could there be not to — all right, let’s actually think a second time about each:

Require certification of border security before implementing immigration reform

Fine. I have no objection to the theory, but — how exactly does the amendment define “secure?” Does this mean the DHS has only to certify that the wall and fence have been properly built? Or does it mean he must guarantee that it’s impossible for even a single illegal to cross the border? If the latter, that could not be legally certified in a hundred years.

Do conservatives offer this amendment in order to advance the issue, or to kill the entire bill? If they’re being honest about it, they will be willing to negotiate exactly what constitutes “secure” enough for the DHS to certify. They will offer standards that can actually be satisfied within a reasonable timeframe, say two to three years. Honest Democrats are willing to negotiate those standards, to make sure they allow certification within two or three years — not thirty or forty, or never.

But if either side simply wants to collapse the entire effort, it’s easy enough: just insist upon the impossible — either a level of security that can never be achieved, or refuse to require any such certification whatsoever, which is equally unreasonable.

Permanently bar from citizenship illegals who have been deported or been convicted of felonies or multiple misdemeanors

Again, there is nothing inherently wrong with this idea; but it can easily be turned into a poison pill. For example… do they include under the deportation clause immigrants deported for no reason other than having been caught? If so, it’s absurd: this part of the bill is already directed solely at persons illegally in the country. Are they really saying we only want as citizens those illegals clever enough not to have been nabbed? What is it, a proxy IQ test?

Or by “deported,” do they mean those deported for reasons much stronger than “you were caught here illegally?” If they mean the latter, then conservatives must spell out exactly what deportation reasons provoke the permanent ban.

And felonies are one thing; but three misdemeanors? Do they really mean that if an immigrant was a stupid teenager twenty years ago, and if he went on a one-night spree knocking over garbage cans and got convicted of three counts of malicious mischief, that he is forever barred from becoming a citizen? That is quite literally insane.

If conservatives have any interest at all in actually coming to some agreement, they must be willing to negotiate exactly what criminal convictions and reasons for deportation will permanently bar citizenship.

Democrats who want a bill will be willing to allow a vote on such a list of crimes. This requires all Democrats to go on record either saying they want to let murderers and rapists into the country… or else accepting that some people won’t qualify for citizenship because of bad character. But moderate Democrats will agree to both amendments (or at least agree to vote on them), if they are reasonable and spelled out in detail.

Who’s got hand?

The distinction is this: if the liberal Democrats negotiate in bad faith and manage to force a collapse, they win at the ballot box. If the conservative Republicans force collapse through sheer pigheadedness and refusal to compromise… then they lose in November.

But the conservatives are driving the bus right now; they’ve got the upper hand. If they negotiate in good faith, they have the power to force a successful resolution. The moderate Republicans are already on board, and 55 Republicans need only five Democrats to stop a filibuster.

In the last test on Wednesday night, an even tougher vote against cloture on the Democratic version of immigration reform got (surprise!) four moderate Democrats and one Democratic nutcase to vote with the Republicans:

Voting against cloture were all 55 Republicans (including co-sponsors McCain and Specter) and five Democrats, who stiffed their own party boss, Minority Leader Harry Reid (D-Caesar’s Palace): Robert Byrd (WV), Ben Nelson (NE), Bill Nelson (FL), Kent Conrad (ND), and Byron Dorgan (ND). Of this group, only Sen. Dorgan is not running for reelection this year… and he may have felt obliged to support his fellow NoDak, Kent Conrad, who is.

So here is the stark choice:

1. If conservative Republicans are willing to negotiate their amendments in good faith, they’ll be joined by moderate Republicans and enough moderate Democrats to overcome any filibuster, allowing reasonable changes to strengthen enforcement in the immigration reform bill.
2. Contrariwise, if the conservatives insist upon unreasonable amendments, they won’t get the Democrats; in which case, they will be unable to amend the bill at all, because they can’t break Harry Reid’s filibuster without Democratic votes.
3. Without amendment, the bill collapses… which benefits only the liberal Democrats — not the conservatives, the moderate Republicans, or even the moderate Democrats.
4. Victory or defeat is entirely in the hands of conservatives: if they will negotiate in good faith, they (and the country) will win. If they insist upon “my way or the highway,” everybody loses — except Reid and Pelosi, of course.

People must understand that conservatives are a minority in Congress, as they are in the country. They cannot simply cram a pure-enforcement bill down everybody’s throat. It’s not in the cards; it won’t happen.

If they try hard, however, they can gain enough support to make reasonable changes:

• Define what it means for the border to be “secure” and make it reasonable enough that it’s just two or three years away — not thirty or forty.
• Define exactly what crimes bar citizenship, so we don’t end up with mass numbers of people being denied for trivial offenses that even many sitting members of Congress have committed.

With those amendments and perhaps a few others — emphasis on reasonable — they can get on with the negotiation and light this candle. They can actually achieve something.

Or they can clench their fists and refuse to back down even an inch. They can become the most Do-Nothing Congress since the 80th in 1948, as Hugh Hewitt likes to say. Like the Shia in Baghdad, they can bring democracy to a screeching halt.

Until November.

Hatched by Dafydd on this day, April 7, 2006, at the time of 6:34 PM | Comments (7) | TrackBack

April 4, 2006

“The Hammer” – a Class Act to the End

As you all probably know by now, Tom DeLay (R-TX) has decided not to run for reelection; in fact, he is resigning from Congress very shortly.

Naturally, the Democrats prefer to spin this as some sort of vindication of the charges filed against DeLay by liberal Democratic thug Ronnie Earle, D.A. of Travis County, TX; but in fact, there has been no movement whatsoever in the case in the last two or three months, nothing that would have changed DeLay’s mind.

The Democrats are also crowing that this must be due to the looming scandal of disgraced and convicted lobbyist Jack Abramoff:

DeLay is under indictment in Texas as part of an investigation into the allegedly illegal use of funds for state legislative races.

Separately, the Texan’s ties with lobbyist Jack Abramoff caused him to formally surrender his post as majority leader in January, within days after the lobbyist entered into a plea bargain as part of a federal congressional corruption probe.

This is intentionally deceptive — more even than usual with the liberal news media… because AP’s David Espo knows or should reasonably be expected to know that DeLay surrendered his majority leadership not because of anything to do with Jack Abramoff, but because he was formally indicted (“ham sandwich” style) by Earle, and because the Republicans had reinstated the rule requiring members to resign from any leadership position if indicted.

There is a word for intentionally misleading readers in an effort to bear false witness against a person; I’m sure we all know that word by now, having watched the moral contortions of the Democrats and their journalistic “plumbers” for many years now.

The real reason that DeLay is stepping down now is so simple and honorable, the Democrats cannot fathom it. They have no experience with such matters. But in fact, Tom DeLay spelled it out in simple English:

“I refuse to allow liberal Democrats an opportunity to steal this seat with a negative personal campaign,” DeLay said. “The voters of the 22nd district of Texas deserve a campaign about the vital national issues that they care most about and that affect their lives every day and not a campaign focused solely as a referendum on me….”

In an interview Monday with The Galveston County Daily News in Texas, DeLay said his change of mind was based partly on a poll taken after the March Republican primary that showed him only narrowly ahead of Democrat Nick Lampson. “Even though I thought I could win, it was a little too risky,” the paper quoted him as saying.

DeLay wants the GOP to hold his Houston seat… and he knows that’s tricky, if the Democrats make it all about Tom DeLay: after years of smearing him with every charge short of mopery with intent to gawk, and with an indictment, however bogus, hanging over his head, the Republican vote in his district might have been depressed if he were the nominee.

So he has stepped aside to allow the party to choose another Republican to run for that staunchly Republican seat — thus neatly taking one potential pickup off the table for the Democrats. (When they get over their glee at seeing the back of Tom DeLay, they may eventually realize how he outfoxed them to the very end. They’ll probably hate him twice as hard.)

The seat will remain Republican. The Texas redistricting will remain in place. And the dirty tricksters will be thwarted once again.

Thanks, Tom; you were a hard man, but an honorable one. You cut corners where everybody else did, because those were the rules of the game (your gerrymander of Texas simply replaced the previous Democratic gerrymander… and it had the advantage of at least restoring voice to the Republican majority of Texas.) And you always campaigned hard for your party, whether you personally liked the candidate or not; even the Left has to admit that, however grudgingly:

And while he was a conservative, he raised millions of dollars for the campaigns of fellow House Republicans regardless of their ideology, earning their gratitude in the process.

Just as they also quietly admit their perennial Abramoff smear is based upon absolutely nothing in DeLay’s case:

More recently, former DeLay aide Tony Rudy said he had conspired with Abramoff and others to corrupt public officials, and he promised to help the broad federal investigation of bribery and lobbying fraud that already has resulted in three convictions.

Neither Rudy, Abramoff nor anyone else connected with the investigation has publicly accused DeLay of breaking the law, but Rudy confessed that he had taken actions while working in the majority leader’s office that were illegal. [In fact, Abramoff went farther, telling friends he had no negative testimony about Tom DeLay whatsoever. — the Mgt.]

They lodge the same charge, in reckless disregard for the truth, against every single Republican running for election.

But in the end, even without any fire, the cyclone of smoke blown by the Democratic hit squad threatened to completely obscure the real issue, which is winning the war against jihadi terrorism. We cannot allow the Democrats to capture the House, because they will undo everything Bush has done in the last six years — and spend the next two in a futile, tit for tat impeachment “show trial” of George W. Bush.

So Tom, a good man, “came to the aid of his party,” and took himself out of position as Target Number One. This makes it that much less likely that Democrats can succeed at sabotaging the war, the economy, the military restructuring, rebuilding our intelligence capability, and every effort at reforming the government that Bush has proposed or enacted.

Vaya con Dios, Congressman Thomas Dale DeLay; you’ll be missed.

Hatched by Dafydd on this day, April 4, 2006, at the time of 5:33 AM | Comments (9) | TrackBack

March 31, 2006

Bill Nelson Vulnerable – But Not to Katherine Harris

A new Florida poll from Republican pollster Strategic Vision has some surpises. First, it shows that Sen. Bill Nelson (D-FL) may actually be vulnerable in his reelection bid this year — but definitely not to Republican candidate, current two-term Congresswoman, and former Florida Secretary of State (and Bush-2000 victory confirmer) Katherine Harris, who leads the poll among Republican likely voters for the nomination, alas.

Among all likely voters (not just Republicans), however, Harris loses to Democrat Bill Nelson in a test match by a whopping 56 to 28, with Nelson well over the magic 50% margin. Among all the other declared candidates, Nelson does much worse, though still winning; he only tops 50% when paired against Tom Rooney (53%) and Daniel Webster (50% — must be that whole bet with the Devil thing).

However, a couple of undeclared Republican candidates do much better. If Jeb Bush were to run for that senate seat, now that he is leaving the governorship, he would be favored over Nelson by 53% to 38%… something Jeb should perhaps consider.

The most surprising finding is the strgength of another undeclared candidate — in fact, a fellow who says he doesn’t want to run: former Commander-in-Chief of United States Central Command, Afghanistan and Iraq War runner, retired Gen. Tommy Franks. (He was born in Oklahoma, grew up in Texas, but has resided in Tampa, Florida for some time.)

Right now, Franks would pull Nelson to a draw: Nelson 46%, Franks 45%.

Tom Gallagher does nearly as well, holding Nelson down to a narrow, 48-45 victory. No other Republican than those three even gets 40%.

Note that Strategic Vision is a Republican polling firm; but their figures for other national issues (Bush’s job approval, for example) are right in line with other national polls: Strategic Vision finds 37% support for Bush in Florida, compared to a national RealClearPolitics average of 38.3% at the moment. So I tend to take this poll as probably pretty accurate.

Looks like the president needs to get on the horn and start twisting ears — of both his retired general pal and his still active-duty-brother Jeb. It would sure boost the GOP’s chances in November if they could actually win that Senate seat!

Hatched by Dafydd on this day, March 31, 2006, at the time of 6:03 PM | Comments (7) | TrackBack

February 18, 2006

FISA or Congress Should Oversee NSA Program

Really, I have no problem with what Sen. Pat Roberts (R-KS), chairman of the Senate Select Committee on Intelligence, just said:

The chairman of the Senate Intelligence Committee, breaking ranks with the president on domestic eavesdropping, says he wants a special court to oversee the program.

But less than a day later, a top aide to Sen. Pat Roberts, R-Kan., sought to clarify his position.

Roberts told The New York Times that he is concerned that the secret court established by the Foreign Intelligence Surveillance Act could not issue warrants as quickly as the monitoring program requires. But he is optimistic that the problem could be worked out.

“You don’t want to have a situation where you have capability that doesn’t work well with the FISA court, in terms of speed and agility and hot pursuit,” Roberts said Friday.

So is Roberts being inconsistent? Incoherent? Is it flip-flopping? Not at all… this perception only exists because most people in the Antique Media talked themselves into believing that “oversight” is synonymous with “complete day-to-day control.” That is, they think that any sort of court oversight must necessarily require a warrant prior to every act of surveillance by the National Security Agency.

In fact, oversight works very differently. Roberts’ own committe, the Senate Intelligence Committee, has “oversight” over the CIA; but that doesn’t mean that CIA officials must get committee approval before engaging in any spying. Rather, it means that the committee periodically reviews what the CIA is doing and has done; and if there is a problem, the committee can summon CIA officials to explain what happened (in secret session).

This model could work fine with the FISA court and the NSA al-Qaeda intercept program: the program would continue as before, with all decisions made by the National Security Agency, the national intelligence director, and up the chain to the president. Then periodically — let’s say every three months — the NSA submits a quarterly review to the FISA court of what surveillance it has conducted, how it obtained those telephone numbers or e-mail accounts, whether Americans were involved, and if so, what steps the NSA took to safeguard the constitutional rights of those Americans caught up in this program.

The FISA court could review this report. Of all federal courts, the one set up by the Foreign Intelligence Surveillance Act is best at keeping secrets — as the recent reference to “Sealed Case No. 02-001,” decided in 2002 by the FISA Court of Review, should make clear.

Even the Supreme Court’s Hamdi decision in 2004 allowed for some sort of judicial review of the executive’s actions during wartime, albeit in the more normal judiciary mode of examining specific cases brought by specific defendants. But I don’t know if there is precedent for (or against) a court more generally overseeing a program’s constitutionality, as Roberts evidently proposes here.

It is more natural and fitting for those quarterly NSA reports to go to the Senate and House Intelligence Committees — since Congress, not the courts, is charged with overseeing the executive on a regular basis. I’m less pleased at a plan that would put such oversight in the hands of the judiciary, though I’m not radically opposed to the idea.

Captain Ed makes somewhat the same point in a post of his today — though he seems skeptical that even Congress has any role here:

Due to the current political climate and a desire to move on with the program, the White House has signalled that it will respect reasonable oversight conditions of Congress. Now, however, Congress has decided that the political cost of owning the surveillance program might be too high and has decided to punt the entire responsibility to a group of appointed secret judges instead.

After quoting from a story similar to the one I linked above, Cap continues:

I still think either approach is superfluous; the executive has always had the ability to perform warrantless searches for those who cross international borders, including luggage and persons, and that’s in peacetime. Where FISA demands that the executive bow to Congress in wartime espionage, the statute is clearly not only unconstitutional but also defies 200 years of precedent in the allocation of war powers. [Emphasis added]

But this is not what Roberts suggested. What Captain Ed means is that Congress cannot remove the president’s Article II power to wage war. But certainly there is nothing in the Constitution barring Congress from overseeing the executive’s conduct in that war. Congress can defund the war, for example; it must consent to the president’s appointment of the secretary of defense and the service secretaries, even during wartime; and clearly it can choose to impeach a president — even right in the middle of a war (that last may be unwise, but it’s not unconstitutional). Each of these duties might require Congress to investigate the executive’s actions… hence the need for committee oversight.

As to the courts, Hamdi gave great latitude to the president and implicitly noted his inherent powers… though it stopped short of formally endorsing them, as John Hinderaker explains, since it found the Authorization for the Use of Military Force sufficient to justify the capture and detention of even American citizens as enemy combatants during wartime. But it also clearly established that courts could and would review individual cases.

Would we really want it otherwise? Would we really want a future President Hillary Rodham to be allowed to arrest and detain as an “enemy combatant” the future Sen. Michael Steele, her Republican opponent for re-election? The balance the Court struck in Hamdi was correct.

And a balance can be struck here which would reassure the people that the NSA program is not trampling over anybody’s civil liberties, would assuage the wounded feelings of a Congress that correctly believes it has some oversight authority over the program, yet still leave the day to day operation of the program completely in the hands of the executive — that branch best suited to instant action, precisely because it is neither democratic nor deliberative in operation. Cabinet members may advise, but they get no vote in what the president decides to do.

If that’s what Roberts means by “oversight,” and I think it is, then the president will have no objection to signing such a bill, and it will not in any way impair his inherent and completely constitutional authority to conduct the war as he sees fit — subject only to post-hoc review by the relevant branch, whichever that turns out to be.

(And if he wants to make it clear, he can always include a signing statement.)

Hatched by Dafydd on this day, February 18, 2006, at the time of 6:04 PM | Comments (6) | TrackBack

February 9, 2006

Paging John Kerry!

Dear John;

I understand that you’ve been blogging over at the Daily Kos as a “diarist,” which, hate to say it, sounds like a medical condition. You’ve been around long enough to know that you shouldn’t jump at the first offer you get; you’re in big demand: former presidential candidate, Senate veteran, Vietnam veteran (well, you know, whatever). I think you ought to consider some other offers; the gig you have now might not be the best suited for your talents.

Come on here to Big Lizards, Jack! Can I call you Jack? Okay… Big Lizards would love to have you as a guest blogger, Mr. Kerry. None of this diarrhoea nonsense; over here, you’ll be a full-fledged guest blogger… just like I was at Captain’s Quarters, except I’ll give you category-creation privileges, and I won’t make you empty the ashtrays in the Captain’s shack (that’s another story for another time).

You can pick your own password. Or, if you can’t make up your mind, I’ll pick one for you: how does “otherhandclapping” sound?

I know I’ve said some harsh things about you, Mr. Kerry; but that was just business, nothing personal. I’m never personal. Say… did I ever tell you how much you remind me of that other JFK from Massachusetts?

And Mr. Kennedy, there’s money in this offer, too! I have — I’m sorry, I meant Mr. Kerry; I mix you two up all the time. It’s like — whoa — separated at birth, or something!

And Mr. Kerry, there’s real money in this offer too: I’ve got quite a bit banging around here, and it’s burning a hole in my pocket. There’s a cool FOR-TEE bucks — $40.00 — a pair o’ Jacksons — and it’s all for you, if you just reconsider your association with that other website and come on over here. And let us do an advert about it. And charge for access to the Lizard Select.

And if that’s not quite enough, just hang on: I’ll be running some fundraisers, and I’m sure we can raise that bonus money up by quite a margin.

Just think — you’ll have an absolutely free hand on the hottest blog in the ‘sphere… and you can create categories! We get more than twice as many visitors per day as Daily Kos;I think maybe three times, almost. That Markos Whatsisname Alphabet is just a piker. I’ve even heard rumors they’ve got some sort of connection with those Swift-Boat Vets; you know what they’re like.

I am absolutely serious, Mr. Kerry. Just think what you could do with that money. And you don’t even have to tell your wife; it can be our little secret…!

Hope to hear from you soon, Mr. Kennedy. Whoops, there I go again — I just can’t tell you two apart!

Sincerely,

Dafydd “Moondoggle” ab Hugh

Hatched by Dafydd on this day, February 9, 2006, at the time of 11:09 PM | Comments (2) | TrackBack

February 8, 2006

This Is a Test of the Emergency Silence System

I believe the Bush administration has set up a secret and somewhat risky test of the ability of Congress to keep a secret:

After weeks of insisting it would not reveal details of its eavesdropping without warrants, the White House reversed course Wednesday and provided a House committee with highly classified information about the operations.

The White House has been under heavy pressure from lawmakers who wanted more information about the National Security Agency’s monitoring. Democrats and many Republicans rejected the administration’s implicit suggestion that they could not be trusted with national security secrets.

The shift came after Rep. Heather Wilson, R-N.M., chairwoman of a House intelligence subcommittee that oversees the NSA, broke with the Bush administration and called for a full review of the NSA’s program, along with legislative action to update the 1978 Foreign Intelligence Surveillance Act.

She and others also wanted the full House Intelligence Committee to be briefed on the program’s operational details. Although the White House initially promised only information about the legal rationale for surveillance, administration officials broadened the scope Wednesday to include more sensitive details about how the program works.

On the one hand — oh, no, not again — Congress is clearly more likely to support the NSA al-Qaeda wiretapping program if they know more about it; members will then see the ludicrous misreporting that has plagued this story from its tendentious inception in the New York Times to its partisan exploitation by the Democrats:

At least one Democrat left the four-hour House session saying he had a better understanding of legal and operational aspects of the anti-terrorist surveillance program, being conducted without warrants. But he said he still had a number of questions.

“It’s a different program than I was beginning to let myself believe,” said Alabama Rep. Bud Cramer, the senior Democrat on the Intelligence Committee’s oversight subcommittee.

“This may be a valuable program,” Cramer said, adding that he didn’t know if it was legal. “My direction of thinking was changed tremendously.”

Still, Cramer said, some members remain angry and frustrated, and he didn’t know why the White House waited so long to inform Congress of its actions.

Well, that’s the second hand: let’s see how long it takes for the operational details to leak out by way of members of Congress or their aides (obviously; who else?)

If the secrets never leak, wonderful; we’ve learned that Congress has come a long way since 1987, when Sen. Patrick “Leaky” Leahy (D-VT) was forced to resign from the Senate Select Committee on Intelligence for leaking a draft copy of the Iran-Contra investigation to the media — just one year after he “inadvertently” revealed in a television interview highly classified information he had received just two hours earlier… ironically enough, information that the U.S. was intercepting some international telephone calls.

But if, per the norm for Congress, the top-secret operational details suddenly appear in the press — well, then Mr. Cramer’s question has been answered, hasn’t it?

Hatched by Dafydd on this day, February 8, 2006, at the time of 8:12 PM | Comments (4) | TrackBack

February 2, 2006

From First to Last – UPDATED

UPDATE RESULTS: See below.

There’s an election to be held today among the Republican caucus in the House for the majority leader position, which was reluctantly relinquished by Tom DeLay while he fights the bogus indictment of obsessed D.A. Ronnie “Javert” Earle. Denny Hastert will remain speaker of the House, but all the other posts are theoretically up for grabs (in reality, if what I think will happen happens, then only the majority leadership will change).

Majority leader is the number two of the House (no jokes, please; they’re all too true to be funny). Next down is majority whip — which is the position currently held by the frontrunner in today’s election, Roy Blunt (R-MO). As Jon Henke in Q&O puts it,

The current front-runner is Rep. Roy Blunt, who claims to be confident that he has the votes to win the position – though not, apparently, confident enough to give up his role as Majority Whip. His ascension seemed almost a fait accompli until January 19th, when all three candidates participated in conference calls with bloggers. While Blunt’s opponents, [John] Shadegg [R-AZ] and [John] Boehner [R-OH], were fairly well received by the bloggers, Roy Blunt was, to put it mildly, not. After the call, a virtually unanimous right side of the blogosphere rushed to ask why Tom DeLay was being replaced by what appeared to be an exact duplicate: a status quo Beltway Republican, the “House GOP’s key liaison” to the “K Street Committee”, and owner of more than a few connections to the politically radioactive Jack Abramoff.

Here’s my speculation. I don’t really know how the leadership races work; but assuming they’re somewhat like delegates voting at a nominating convention, then even the representatives that Blunt has in his pocket have probably only committed to him for the first ballot. As I understand it, if nobody gets 50% + 1 on the first, there will be others… and pledged support can peel off and vote for whom it wants. (I think it’s a secret ballot.)

Blunt has repeatedly said he has the votes to win on the first ballot, but so far nowhere near enough representatives have come forward to publicly declare their support. My prediction is that if Blunt misses out on the first ballot — then his support will evaporate like rain in the Sahara Desert. I suspect that most of it will go, not to the forgotten man (John Boehner), but rather to the political Energizer bunny, Shadegg.

So either Blunt wins on the first ballot — which I doubt — or else Shadegg wins on the second or third.

The only fly in the oatmeal would the Gore Vidal scenario: if Blunt fails to win but is desperate not to have to work under a “reformer” who might fiddle with the whole K-Street setup, he might try to get his backers to go for Boehner instead, just to shut Shadegg out. I think Blunt could work under Boehner with a lot more comfort than he could under Shadegg. But I don’t think he’ll be able to wield that much influence with people peeling away from him like the skin from a squirted grape.

So I’m sticking with my original prediction: Shadegg in two or three.

It’ll all be over in just a few hours, and I’ll find out right quick how close I came. But on this one, I’m no Nathan Detroit… I’m not confident enough to put a bet on!

UPDATE: Results

Kimsch in the comments has the results:

122-109 Boehner in the second vote. Shadegg got about 40 votes in the first round. He dropped out.

AP has the breakdown of the first ballot as well:

Blunt’s position in leadership had made him the front-runner, but he ended seven votes short of the necessary majority on a first-round secret ballot. He had 110 votes and Boehner had 79. Shadegg received 40 and Rep. Jim Ryun of Kansas, who was not an announced candidate, got two votes.

After Shadegg and Ryun dropped out, Boehner won his second-ballot victory.

My prediction failed because of something I didn’t know, a factor that made the vote function differently from the model I had in mind, the nominating convention. The other commenter on this post, Slarrow, was probably correct:

I could be wrong, but if there is no clear victor on the first ballot, doesn’t the second round proceed with the top two vote-getters?

So Blunt was able to get 110 votes of people who were committed (for whatever reason) to the status quo. The real battle was for second place, as only those two would be on the second ballot. It’s possible that a number of Republicans were uncomfortable with Blunt, because of his K-Street and Abramoff connections… but they may have thought that Boehner had a better chance to defeat Blunt on the head to head ballot than the lesser known Shadegg.

Suppose, however, Shadegg also had remained in the race. If then, on ballot two, Blunt had again gotten 110-109, it’s possible that Shadegg could have matched or exceeded Boehner’s vote. At that point, they would have moved to a third ballot — and Shadegg would have momentum.

But since Shadegg’s third-place finish kept him from a rematch for second place with Boehner, that mechanism, where the last place guy works his way up to first, was prevented from functioning… and John Boehner is now the majority leader.

So it goes!

Hatched by Dafydd on this day, February 2, 2006, at the time of 6:42 AM | Comments (2) | TrackBack

January 13, 2006

The Bear Has a Bite!

I heartily second this plea from N.Z. Bear for a leadership that is not tainted by Abramoff and some meaningful rule changes to reduce the power of lobbyists. I personally would like to see:

• A ban on former members of Congress lobbying on the House floor
• A ban on earmarks; failing a ban, I like a proposal that some House member had that was discussed on Brit Hume yesterday: treat each earmark as an amendment that must be voted upon by the full House before it can be inserted into a bill (as opposed to the current system, where it can be inserted by the joint conference committee without other members being informed)
• Full reporting on the Web of every trip, every gift, every meal, everything received by every Congressman; I want to be able to click on, say, Adam Schiff’s name and see a list, sorted by monetary value, of all the squeeze he has collected since the last election

I don’t want to see a total ban on trips or gifts — so long as they’re public and they cannot result in an earmark unless a majority of the full House goes on record supporting it.

The Democrats are in such disarray that if the GOP moves swiftly, they will probably have a sweeping reform bill circulating through the House gathering co-sponsors before the Democratic caucus can even agree whether to expel all Republicans or just take away their voting rights.

But in the meanwhile, at the very least, all representatives and senators who have accepted anything from Jack Abramoff or Michael Scanlon should come clean, reveal all, and announce what they plan to do about it: return it, donate it to charity, or keep it.

Hatched by Dafydd on this day, January 13, 2006, at the time of 6:19 PM | Comments (7) | TrackBack

January 7, 2006

Hm, I Wonder Why

The powerhouse witness against Samuel Alito, the one who was to testify that Alito was a member of a “racist and sexist” organization while at Princeton, has been inexplicably dropped from the witness list.

Stephen Dujack was set to testify that the group Alito claimed membership in when he applied for a political job in the Reagan White House, Concerned Alumni of Princeton, had the temerity to oppose affirmative action quotas, which clearly — in Dujack’s reasoning — made it the moral equivalent of the Nazis. Then fate intervened, and the Democrats removed his name from the list.

“[It] wasn’t immediately clear why Dujack was removed from the Democrats’ witness list,” writes the Daily Princetonian. But perhaps we can suss it out, kind readers.

Could it have had something to do with a previous comparison Dujack made between a different group of people and the Nazis, in a column Dujack wrote for the Los Angeles Times? That earlier group of people comprised everone who eats meat:

Like the victims of the Holocaust, animals are rounded up, trucked hundreds of miles to the kill floor and slaughtered. Comparisons to the Holocaust are not only appropriate but inescapable because, whether we wish to admit it or not, cows, chickens, pigs and turkeys are as capable of feeling loneliness, fear, pain, joy and affection as we are. To those who defend the modern-day holocaust on animals by saying that animals are slaughtered for food and give us sustenance, I ask: If the victims of the Holocaust had been eaten, would that have justified the abuse and murder? Did the fact that lampshades, soaps and other “useful” products were made from their bodies excuse the Holocaust? No. Pain is pain.

(Hat tip to Capital Research Center, via Power Line: Latest Dem Charge: Alito’s a Carnivore!)

Back to the Princetonian:

On Friday, the office of Sen. John Cornyn (R-Tex.), a strong Alito backer, circulated copies of the column. By that evening, Dujack’s name had been removed from a full list of witnesses released by the judiciary committee.

There is, however, no proof beyond a reasonable doubt that the two events have any causal connection. Just another example of “the lattice of coincidence that lies on top of everything.”

Not that Dujack will give up his crusade to keep off the Supreme Court anybody who doesn’t embrace the most extreme form of “affirmative action” — and veganism. He fights on:

The column has not been specifically cited as the reason for Dujack’s removal from the witness list, and he said he still plans to submit written testimony about the alumni group to the judiciary committee to tell senators “how awful this organization was.”

“I’m going to want to explain why those of us who know the organization can be filled with revulsion at hearing that a person who was selected to go our nation’s high court was proud of his membership in that organization,” Dujack said in an email.

But at this point, I think the Democrats are desperately looking for someone to sit on Dujack’s head during the hearings. Sen. Ted Kennedy, D-Margaritaville, would be an ideal candidate for this leadership position: he has a firm grasp of the fundamentals.

Hatched by Dafydd on this day, January 7, 2006, at the time of 11:55 PM | Comments (4) | TrackBack

January 3, 2006

Not Sweating Even a Little

I may be the only person here still very unconvinced that the “Casino Jack” Abramoff scandal is going be a significant factor in November. The ever-industrious Michelle Malkin quotes from the Christian Science Monitor about the fear that is spreading through D.C.:

Political players with ties to Abramoff and his network, who knew the lobbyist was preparing to cut a deal, have been sweating for months. Now they’re sweating harder.

I’m sure there are many individual members of Congress who are suffering what Rich Galen calls “projectile sweat.” I suspect most of them are actually innocent — they may have received contributions from Jack Abramoff and Michael Scanlon, but that doesn’t mean it was a bribe — but worry they’ll spend their entire campaign fighting false charges of corruption. One or two others may actually have accepted bribes and may be in worse trouble than a tough campaign.

But as an issue to change the face of the Senate and House, or even to cause Republican losses, I think the Abramoff scandal is vastly overrated.

Consider: the point of this scandal is that members of Congress took campaign contributions, then voted the way the contributer wanted as a direct quid pro quo. So let’s try a little gedankenexperiment, as Einstein (and probably Rich Galen) would put it… there are 535 members of Congress (435 House, 100 Senate); out of these 535, how many do you think have, at least once in their careers, accepted a campaign contribution and then done something they would not ordinarily have done because of it?

(Cue the “Final Jeopardy” theme….)

If anybody here did not answer “why, all of them, of course,” I want to know who it is; I think we should put the person in a museum as the last person in America still not jaded and cynical about Congress.

In other words, all that the Abramoff scandal will do is reconfirm to the American people that Congress is crooked. But the fact that both Republicans and Democrats are involved — the CSM claims that “Republicans received 64 percent of that money,” which implies (by my calculation) that 36% of it went to Democrats — means that nobody gets an advantage; nobody is going to care that “more money” went to corrupt Republicans than went to corrupt Democrats; ordinary people will simply roll their eyes and sigh. If they think about it at all, they’ll conclude that the deciding factor was not that Republicans are innately more corrupt but that they’re legislatively more powerful.

(This will become crystal clear when Republicans begin digging into the campaign contributions made by other lobbyists who lean more to the left — such as lobbyist and former official of the FAA Linda Hall Daschle.)

Every election boils down, in the end, to a contest between two (or occasionally three or four) people; you don’t get to have a choice between a named Republican and an unnamed Democratic saint. Unless one of the candidates has actually been charged in the case, the opponent slinging mud will just get mud slung right back, and the mud (deserved or undeserved in both cases) will cancel itself out.

If a particular person gets indicted — Bob Ney (R-OH), for example, is in a lot of danger — he will probably resign from Congress to deal with it. Then everything depends upon the governor of the state (Republican Bob Taft, who has his own corruption problems, in the case of Ohio); the governor in each case will name someone of his own party who never took any money from Abramoff, and who will then run as a quasi-incumbent — but not much of one, since the investigation will take some months — in the November election.

At that point, what will matter is how safe the seat is: in Bob Ney’s case, according to Michael Barone’s Almanac of American Politics, 2006, Ney has won by over 60% in the last four elections (in 2002, the Democrats didn’t even bother to field a nominee against him), and the eighteenth district of Ohio went for George W. Bush by 14% in both 2000 and 2004. This is a safe Republican seat, and the Republican will likely win this year, whether it’s a battle-scarred Bob Ney or someone else.

And that is part of the secret: unless there is a confluence of indictment or much greater than run-of-the-mill congressional corruption for a particular incumbent and one of the tiny number of truly competitive seats and a squeaky clean challenger, this sort of financial scandal simply doesn’t have much impact. It is very different from a political scandal, like Watergate, that actually calls the ability to govern into question.

Anybody remember the Keating Five? It was one of the biggest scandals to rock Congress in the 1980s. The “five” were Sen. Alan Cranston (D-CA), Sen. John Glenn (D-OH), Sen. John McCain (R-AZ), Sen. Dennis DeConcini (D-AZ), and Sen. Don Riegle (D-MI). The scandal erupted in 1989. Quiz: how many of the Keating Five were defeated in the election following the scandal?

Answer: none, of course. Three chose to retire: Cranston (who was diagnosed with prostate cancer), DeConcini, and Riegle; the two who actually ran for reelection, McCain and Glenn, were both reelected. One could argue that the scandal persuaded the retirees not to run, but that’s a tricky case to make.

The House banking scandal broke in early 1992 and ensnared far more members (over 350) than can possibly be caught up in the Abramoff scandal… and a greater percentage were Democrats. In addition, the minority leader was Newt Gingrich, far more dynamic and exciting than is Nancy Pelosi today. And back then, there were also a lot more competitive seats. So what happened in the election that year? The Democrats lost 9 seats in the House — and gained 1 seat in the Senate, completely in keeping with the typical electoral play in those days.

But in the 1994 election, which hinged not on a scandal but rather on the Republican “Contract With America,” as well as the performance of the Clinton White House and the Democratic Congress, the Democrats lost 52 seats in the House and 9 Senate seats.

And of course, the political result of Bill Clinton’s impeachment for perjury was that his approval rating skyrocketed in 1998. Yeah… scandal.

I think it’s pretty clear which has more impact: a scandal among the incumbent party, or the challenging party having a positive political agenda in line with the voters’ own beliefs, with the incumbents having either an out of step agenda — or no agenda at all.

Today, we have less play; I would be pretty shocked if the Abramoff scandal at its worst affected more than two or three House seats — and any Senate seats at all.

So relax. Let’s get the bad guys; we don’t want them anyway, especially if they’re Republicans. But don’t bite your nails to the quick, worrying that this will cause significant damage to the Republican Party. It may increase the cynicism of the American voter (if that’s even possible), which is pretty bad by itself. But neither party is going to come off clean enough to benefit from it.

Hatched by Dafydd on this day, January 3, 2006, at the time of 10:12 PM | Comments (3) | TrackBack

December 26, 2005

Misread Mandates and Misplaced Majorities

Jay Cost, now guest-posting over at Real Clear Politics, has a lengthy and fascinating post up arguing that George Bush “misread his mandate” in the first months following the 2004 election; but equally weighty, I must say, is that the Senate Republicans were led by the ineffectual Doctor Senator Bill Frist (R-TN), who seems to have no capacity to hold the Republican majority to any purpose whatsoever.

Admittedly, leading the Republican caucus in the Senate is like herding cats (or trying to nail Jell-O to the wall). Still, I suspect that a number of Frist’s colleagues could do a better job of it — notably his Number Two, Addison Mitchell “Mitch” McConnell, Jr. (R-KY), the majority whip of the Senate. Frist has already announced that he will not seek reelection in 2006; as the GOP is “the party of orderly succession,” I hope this moves McConnell into the majority leadership. But Bill Frist could do the party a huge favor by at least resigning his leadership position before then, allowing perhaps for a better legislative year in 2006 than the squandered 2005.

Alas, this cannot possibly happen: against all sanity, Frist imagines he is a viable candidate for the presidency in 2008… so “resigning his leadership position” is simply not in the cards, as that would be tantamount to a confession of leadership failure, destroying his only claim to the papal throne of la Casablanca.

It’s hard to guess from Cost’s post what next year will bring for the GOP: unity or continued disintegration. On the one hand, Cost notes that Bush seems to have figured out the mandate thing, as his father could have said, and likely now realizes he must battle for every scrap of his legislative program; on the other hand, Frist will remain as majority leader until the 110th Congress sits in January, 2007; but — not to sound too much like John Kerry — on the third hand, if Frist is preoccupied with his presidential aspirations, he may leave more and more of the actual duties of the leadership to McConnell, grooming him to smoothly replace Frist in the February caucus leadership elections a month later.

My guess is that 2006 will be a much, much better year for the Bush agenda than was this; but then, I’m just a cockeyed optimist.

Hatched by Dafydd on this day, December 26, 2005, at the time of 2:15 PM | Comments (2) | TrackBack

December 22, 2005

Patient At Death’s Door – Doc Frist Pulls Him Through

The Patriot Act is on life support, but there is still a good chance that it will recover. At least, that was the verdict of Sen. John Kyl (the other R-AZ) on Hugh Hewitt’s program today.

On the other hand, the prognosis for Bill Frist (R-TN) ever being considered a good (or even adequate) majority leader in the Senate is grim indeed.

Ignore what you read in the linked Reuters story; this is the real version of what happened.

Despite Kyl’s assurances yesterday on Hewitt’s radio show that the four renegade Republicans — Lisa Murkowski (AK), Chuck Hagel (NE), Larry Craig (ID), and ringleader John Sununu (NH) (remember those names), who were siding with the Democrats in filibustering the bill to reauthorize some of the most important provisions of the Patriot Act — that those four would “come back to the fold” and vote with the majority for cloture, offering the tantalizing possibility that the Democrats would have to decide whether to go it alone on the filibuster and take all the heat, or else give it up and allow the reauthorization bill to pass as negotiated… Frist completely lost control of the Senate late last night.

According to Kyl, the first thing that happened was Sen. Harry “we don’t need no stinkin’ democracy” Reid (D-NV) called Frist into a private meeting and told him flatly that if Frist proceeded with the vote on cloture, the Democrats would filibuster the Defense Authorization bill, the Labor bill, and one other important bill whose name escapes me at the moment, plus they would freeze all appointments, including that of Samuel Alito for the Supreme Court. That is, Reid threatened to completely shut down the Senate.

Now, you would think that Frist would personally remember, or would at least have access to the institutional memory of his colleagues in the Senate and House, what happened to Speaker Newt Gingrich (R-GA) when he threatened to shut down Congress: Newt got his head handed to him by the American people, and the Democrats laughed all the way to the polls that year. You would imagine that Frist would hoot in Reid’s face and dare him to go right ahead and pitch a temper tantrum on a national-security issue… “I’m going out right now to the press gallery, Harry, and I’m going to tell all the reporters (including Carl Cameron from Fox News Channel) what you just threatened!”

But Frist is made of tougher stuff. He’s much too much of a macho man to call Reid’s bluff; no, Bill Frist prefers to show his manhood by suffering any humiliation, by breaking every bone in his back bending over that-a-ways to appease the minority (?) leader. Sensing abject surrender, Reid demanded a six-month extension, not the three-monther he originally offered: half a year would give the Democrats plenty of time to demagogue the issue and wear down the Republicans to the point where they would accept any bill at all, so long as the word “reauthorization” was prominently featured — even if all it did in reality was rename Reagan National Airport to the Stanley “Tookie” Williams Motivational Dirigible Hangar. Frist, sensing relief at not having lost his Rolex in the deal, wriggled on his belly and licked Reid’s hand.

(I’m sorry, do I sound a tad bitter? I assure you, it’s all in your mind.)

Fortunately, the deal they struck and pushed through the Senate by voice vote was to have extended the Act as is… that is, as it was enacted in 2001, without any of the extra “civil liberty” provisions the House and Senate conference committee had negotiated (where “civil liberty” here means “crippling the original Patriot Act to avoid offending touchy members of al-Qaeda”). I say fortunately because, as Kyl noted, he and a lot of other people knew that Rep. James Sensenbrenner (R-WI), Chairman of the House J-Com, would never accept six more months of the old Patriot Act, since he was the prime mover behind the compromises.

Instead, Sensenbrenner said five weeks, take it or leave it. Backed against a wall, Frist and Reid had to agree. The House voted by unanimous consent (with a non-quorum, I think, but with pockets full of proxies); the Senate acquiesced by voice vote, and everybody got to go home for the holidays.

The only victims were the people. But they don’t get a vote.

The reason I’m still hopeful is that Sensenbrenner desperately wants the act to pass as he and the other conference members negotiated it, and that was why he set such a short time limit (the provisions will now expire on February 3rd, and the Senate comes back in mid-January). There simply will not be enough time to ram through any significant changes to the negotiated agreement; and at that point, when the renegade Republicans see that there just is no support for the extra changes they want to make in the bill, they will probably go ahead and vote for cloture — having made their point and being able to go home and say “well, I tried.”

This will leave it entirely up to the Democrats. There are 45 of them, and two already joined with the Republicans to vote cloture (Ben Nelson of NE and Tim Johnson of SD — both up for reelection next year in very red states). That means if just three more Democrats support cloture, it goes to a vote and almost immediately to the president’s desk.

If the filibuster is still sustained, the entire onus will be on the Democrats — who once more will be the “peace at any price” party of Neville Chamberlain. And I suspect that if that happens, President Bush will simply order the roving wiretaps and the business-record subpoenas (plus the gag order) on his own authority as commander in chief, just as he did the NSA intercepts. The Democrats will be destroyed in 2006, and we’ll still have the intelligence-gathering provisions we need.

For some mind-boggling reason, the Democrats have decided to make Oedipus Rex their poster boy: they desperately want America to blind itself by cutting off as many sources of terrorism intelligence as it can, and then go into exile from the rest of the world. I hope the Senate Republicans can find enough spine by October to point this little fact out to the American people, if it’s not too aggressive a campaign style for them to endure.

Hatched by Dafydd on this day, December 22, 2005, at the time of 11:59 PM | Comments (4) | TrackBack

December 16, 2005

PATRIOTs Shaken, Not Stirred

Democrats in the Senate prevailed in the first vote for cloture; the four previously identified Republicans voted with the Democrats, but they had no other converts. (Bill Frist, R-TN, voted against cloture so that he would have the power to call another vote at any time.)

The vote was 52 in favor of cloture, with sixty needed. Note that there are 55 Republicans in the Senate; subtract the five that voted for the filibuster and you have only 50 Republicans left… which means that at least two Democrats voted for cloture. (I say at least two because there were only 99 senators voting, and I don’t know whether the one who didn’t vote was Republican or Democrat; if the former, then three Dems would have voted for cloture.)

But so far, not a single story that I’ve read has identified those two Democrats (see UPDATE a few paragraphs down), although every story has identified the four dissenting Republicans:

Five Republicans voted against the reauthorization: Chuck Hagel of Nebraska, Lisa Murkowski of Alaska, John Sununu of New Hampshire, Craig and Frist. Two Democrats voted to extend the provisions: Sens. Tim Johnson of South Dakota and Ben Nelson of Nebraska.

Frist, R-Tenn., changed his vote at the last moment after seeing the critics would win. He decided to vote with the prevailing side so he could call for a new vote at any time.

Why not say who the Democrats who support it are? Could it be that the MSM wants the anti-Patriot position to appear “bipartisan,” but they don’t want to admit that the pro-Patriot position is also bipartisan? Consider this sentence from the second paragraph:

In a crucial vote early Friday, the bill’s Senate supporters were not able to get the 60 votes needed to overcome a filibuster by Sens. Russ Feingold, D-Wis., and Larry Craig, R-Idaho, and their allies.

The filibuster consisted of four Republicans and forty-three Democrats… but if someone only read the sentence above, he would be excused for thinking the filibuster was more or less evenly divided between the two. Bipartisan!

UPDATE: While editing this post, the New York Times finally broke the embargo on the names of the Democrats who supported bringing the reauthorization bill to a vote. They were Ben Nelson (D-NE) and Tim Johnson (D-SD). I am shocked and very disappointed that Joe Lieberman (D-CT) voted against cloture.

(The Times headline is Supporters of Patriot Act Suffer a Stinging Defeat in Senate; Zawahiri and Zarqawi Call Vote “Promising.” All right, I added that last part; but you know they’ll be pumping their fists the moment they hear about it.)

This is literally insane. There are only two provisions that keep being cited again and again as why senators just can’t bring themselves to vote to reauthorize the Patriot Act: roving wiretaps and subpoenas for business records.

Roving Wiretaps

Prior to the Patriot Act, the FBI could only obtain permission to wiretap a specific phone number. But in today’s age of cell-phones, satellite phones, and voice over internet, all a terrorist need do to thwart any wiretap is borrow a phone from one of the other members of his cell.

With roving wiretap authority, however, the wiretap attaches to the person, not the phone number: legally, the law-enforcement agency would have authorization to tap any phone that a particular terrorist suspect used. Again, note that this warrant must be issued by a federal judge; the FBI cannot simply tap a domestic phone call because they feel like it. (There is longstanding authority for the National Security Agency, the NSA, to tap international phone calls, which is what the New York Times breathlessly reports Bush did after 9/11 — like, duh — but this has nothing whatsoever to do with the Patriot Act — no matter what the voices in Sen. Feingold’s head say.)

Thus, if a terrorist switches to a different cell phone for each call, each phone can be tapped so long as that terrorist is using it. Perhaps someone out there can explain to me what sacred civil liberty this violates, because for the life of me, I cannot fathom it. How can it be constitutionally acceptable to tap one phone, but not two?

Subpoenaing Business Records

Here is the dreadful, horrible depredation of our “essential liberties” that John Sununu (R-NH) is screaming about; from the Patriot Act, Public Law 107-56, section 215:

SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.

(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.

Boiled down, this means that the FBI can request that a federal judge force a business to turn over records to the FBI so that the latter can conduct a terrorist investigation… provided the investigation doesn’t arise out of some freedom-of-speech issue — for example, they cannot demand records under this act solely because someone spoke out against the Iraq War.

Here is the gag-order provision:

(d) No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.

Let’s see if we can’t put on our thinking caps and deduce why, if the FBI subpoenas, say, the records from a flying school at which several suspected terrorists are learning how to fly — but not to take off or land — a jumbo jet, it might be important that the flying school not inform the suspects that the FBI subpoenaed those records. Yes, I know it’s a toughie; its importance certainly has eluded the finely honed brains of Ted Kennedy (D-MA), Charles Schumer (D-NY), Pat Leahy (D-VT), and of course Republicans Sununu, Craig, Hagel, and Murkowski, along with forty other members of the United States Senate.

Once again, we’re talking about court-ordered, judge-approved subpoenas, where the information is only turned over to the FBI if the federal judge decides that it meets all the requirements of the act (which are pretty stringent). The only way this can be considered to violate civil liberties is if the Democrats (and four renegade Republicans) actually fear the United States government more than they fear al-Qaeda.

The Dishonest Rhetoric

When Russel Feingold (D-WI) heard that since 9/11, the NSA has actually been doing its job, monitoring international electronic communications (signals intelligence, or SigInt), which it is entirely authorized under law to do, he blew a gasket:

“I don’t want to hear again from the attorney general or anyone on this floor that this government has shown it can be trusted to use the power we give it with restraint and care,” said Feingold, the only senator to vote against the Patriot Act in 2001.

How about this one: if the Democrats succeed in preventing reauthorization of these provisions of the Patriot Act — and if the United States again suffers a horrific terrorist attack, and thousands or tens of thousands of Americans are murdered in a single, mad act of jihad — then I don’t want to hear again from Feingold, Reid, or any other Democrat demanding to know why we “failed to connect the dots.”

Because we will already know why: the Democrats don’t want those dots connected; they want another terrorist attack on the homeland, because they can then blame it all on Bush… and gain a little temporary political advantage for 2006. Pick up a seat or two.

Who’s with me on this?

Hatched by Dafydd on this day, December 16, 2005, at the time of 2:39 PM | Comments (16) | TrackBack

The PATRIOT Quadrille

My head is spinning.

On Tuesday, in Patriot Paroxysms, I opined:

All eyes turn now to the Senate, where the biggest problems lurk. Those problems are named John Sununu (R-NH), Lincoln Chafee (R-RI), Susan Collins (R-ME), Olympia Snowe (R-ME), Lindsay Graham (R-SC), and possibly Arlen Specter (R-PA) — though it looks as though Arlen is satisfied with the deal cut in the conference committee to reauthorize the most controversial provisions for an additional four years… basically, to kick the can down the road a bit more, leaving it up to the 111th Congress in 2009 to figure out what to do about it.

The next day, receiving new information, I amended my previous testimony in More PATRIOT Doubters:

Today, Tom Bevan suggests we need to add Lisa Murkowski (R-AK) and Larry Craig (R-ID) to that list. I actually haven’t heard for certain how Chafee, Collins, and Snowe are leaning; last I heard, Graham seemed to have serious reservations.

But now, courtesy of the Washington Times Insider (and a hat tip to Captain Ed), we learn the actual group of Republicans who have announced they’re willing to join the Democratic filibuster against renewing the Patriot Act, unwilling to allow these horrible depredations against civil liberties to continue (anti-American ravages such as tapping not just a single phone number but a particular person and all the phones he uses, or allowing the FBI to check whether some suspected terrorist with an American bank account is sending money to Abu Sayaf — dreadful, dreadful):

Four Republicans — Sens. John E. Sununu of New Hampshire, Larry E. Craig of Idaho, Lisa Murkowski of Alaska and Chuck Hagel of Nebraska — said yesterday that they will join Democrats in opposing the legislation, even helping block a final vote on its passage.

Well at least I was right about John Sununu.

This, by the way, is the unanswerable answer to the question of why Bush doesn’t just “push a conservative agenda through Congress.” There are always a critical number of supposed Republicans who, for whatever quirky, narcissistic, or reality-challenged motivation, decides to go to the mattresses fighting against the Bush agenda — which happens to mirror the agenda of real America.

So far, our delicate Senate flowers who cannot stand the heat of a robust conservative platform include Arlen Specter (judges), John McCain (judicial filibuster, ANWR), Lincoln Chafee (judicial filibuster, ANWR), Susan Collins (judicial filibuster, ANWR), Olympia Snowe (judicial filibuster, ANWR), Lindsay Graham (judicial filibuster), Mike DeWine (judicial filibuster, ANWR), John Warner (judicial filibuster), John Sununu (Patriot Act), Lisa Murkowski (Patriot Act), Larry Craig (Patriot Act), Chuck Hagel (Patriot Act), Gordon Smith (ANWR), Norm Coleman (ANWR) — and of course, the 44 Senate Republicans who voted for the McCain amendment on “torture.”

Even assuming that 44 includes all of the above, that still leaves an additional thirty GOP Senators willing to look the American voter straight in the eye — and spit. Fortunately, it’s rare that the heartbleeders can overwhelm the wills of so many; typically, there are just enough betrayers to make the fight dicey, but not quite enough to cause Bush to lose.

This is the most remarkable thing about President George W. Bush: he has never, not even for a moment of his presidency, had a majority of conservatives in either house of Congress. Yet what amazing changes he has wrought anyway, from huge tax cuts to a complete change in consciousness about terrorism to a stunning recreation of the American military away from fighting World War II for a seventh time and towards a modern force; fighting and winning two major wars; removing a dictator and turning a long-term thrall-state into a democracy in just three years; forcing the Democrats into such paroxysms of rage (I like that word) that I expect at any moment, Sen. Harry Reid (D-Caesar’s Palace) will stamp his foot so hard, the ground will open up and swallow him, like Rumplestiltskin.

In addition to those clear victories, Bush is working hard on an ownership society that would allow Social Security, Medicare, Medicaid, and pensions to be actually owned by the recipient, fully portable, and under his control. He hasn’t achieved this goal yet, and he may never; but he’s not giving up on it, either.

He has also shouldered a hole for faith-based organizations to be allowed inside the government tent (much as he shouldered a hole for his Secret Service detachment, when Hugo Chavez’s goons tried to separate Bush from his bodyguards in Caracas).

He defused the Left on a couple of issues where I wish he had fought them instead. But I understand why he didn’t; you simply cannot fight everywhere, on every issue: he supported a limited form of racial preferences in the Gratz and Grrutter v. Bollinger cases, arising out of programs at the University of Michigan undergraduate admissions and Law School, respectively.

And he pushed a prescription-drug benefit to Medicare. I oppose both of those; but at least he short-circuited the Democrats, who might have rammed through something much more egregious — as we have seen, they’re very good at peeling off a Republican here, a RINO there, and at least thwarting a conservative agenda.

I actually rather like Bush’s compromise on stem-cell research (I think I’m in a minority of one here): personally, I would prefer full federal funding of embryonic stem-cell research lines; and pro-lifers would prefer no federal money at all used for that. Bush found a middle path that, while it satisfied no one, at least stymied both sides.

But the big problem remains: as Bush’s term progresses, each Republican senator looks in the mirror, as the saying goes, and sees the next president of the United States. So he starts to craft his own foreign policy, his own strategy as Commander in Chief, his own judicial philosophy as appointer of robed wizards. And little clumps fall out every time the sun wheels from east to west, like a man losing his hair.

So far, in this case — we were talking about reauthorizing the Patriot Act, in case you forgotten in all the excitement — there are only four Republican defectors, and the Democrats either need two more to defeat the reauthorization (assuming no Democrat votes for it, and I think a number will) — or else they need to be able to sustain a filibuster of the reauthorization bill. But if they do that, they will sear, sear into the memories of the American voters the catastrophic image of a peacenik Democratic Party that cares infinitely more about the civil liberties of Khalid Sheikh Mohammed than about the lives of American citizens in New York City and Washington D.C.

I suspect that in the end, Sen. Reid will find he cannot scrape together forty-one senators willing to go home to their constituents and explain why American lives are less valuable than terrorist sensibilities. And I’d be willing to bet that when it becomes clear the filibuster will fail, none of those four Republicans will actually vote against cloture.

So I think Bush and Majority Leader Frist should call their bluff — but have Dick Cheney on hand just in case. And I still think that in the final analysis, Bush will actually win this one, balancing out his loss on the torturous McCain amendment.

Hatched by Dafydd on this day, December 16, 2005, at the time of 5:11 AM | Comments (1) | TrackBack

Tortuous Rhetoric Obscures Torturous Language

Yesterday, the House of Representatives went on record as being firmly against torturing prisoners. Then they swiftly voted in favor of a bill that said Nazis are bad, slavery should be abolished, and that Shoeless Joe Jackson shouldn’t have accepted a bribe to throw the World Series.

What they didn’t do, and neither did the Senate, in their lopsided votes in favor of the McCain “anti-torture” amendment, was address the actual problem of that remarkably insidious grab for attention from perhaps the supreme ego in Congress, John McCain: what exactly constitutes the cruel, inhumane, and/or degrading treatment that will be banned, now that the White House has been bullied into agreement?

As a commenter on Brit Hume asked Tuesday, does incarceration itself count as degrading? How about interrogation? Many jihadis doubtless consider it very cruel to prevent them from dying as martyrs (and getting their seventy-two raisins in Paradise) by blowing up forty or fifty apostates (voters) in a mosque.

So far, no news story I’ve read has really spelled any of this out. It’s likely that Congress hasn’t, either. The closest was this AP story, which ended with the following cryptic explanation:

The ban defines “cruel, inhuman and degrading” as treatment prohibited by the U.S. Constitution as defined in the U.N. convention against torture.

So what exactly does this mean? The only related reference in the Constitution is this, the Eighth Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Considering the entire circus court system, I rather suspect that the phrase “cruel and unusual punishments” has more than a two hundred year history of litigation to define exactly what is meant. But the McCain amendment doesn’t prohibit “cruel and unusual amendments,” it prohibits “cruel, inhuman and degrading practices.”

The first question would be, does that mean practices that are all three — cruel AND inhuman (or inhumane, there seems to be consistency) AND degrading? Or any practice that is any one of the three?

Assuming the latter, as clearly is the intent, then what do those terms themselves mean? Unlike “cruel and unusual punishment,” there is no long chain of litigation to define just what exactly is prohibited. Waterboarding? Sleep deprivation? Isolation? Loud noises or lousy music? Bad-tasting food? Yelling?

If I were a judge hearing such a case, I would be sore tempted simply to use the constitutional definition of cruel and unusual punishment… especially if, as AP claims above, the agreed-upon amendment actually mentions the Constitution in the context of defining the meanings of the words. If that becomes the standard, then I think we’re in a lot better shape than if it’s defined by what will satisfy Belgium.

The one agreement extracted by Bush, thus avoiding a total cave, was that both military and civilian interrogators can use as a defense (presumably an affirmative defense, requiring them to prove beyond a reasonable doubt) that “a reasonable person could have concluded they were following a lawful order,” as AP put it. This removes the immediate danger of mass prosecutions of all interrogators (perhaps going after anyone who is unusually effective at eliciting information), but the principle is still hanging out there: thou shalt not make detainees uncomfortable.

Thus, in despite of the side agreement, I would have to agree with what appears to be a very recent addendum to an October 30th editorial in the Wall Street Journal:

One old Washington hand–who served in the Nixon Cabinet–tells us that the Senate vote on the McCain Amendment was “a Vietnam moment.” He fears that the lopsided 90-9 tally will be read by our enemies as a sign of flagging American willingness to act firmly in our own self-defense.

Unfortunately, the White House has contributed to this signal by blinking on its veto threat. Vice President Dick Cheney’s office has proposed a compromise that would exempt the CIA from the McCain Amendment. We understand the impulse to preserve at least some flexibility for the Agency interrogators who question the worst of al Qaeda–such as Khalid Sheikh Mohammed, who planned 9/11.

But this Bush compromise isn’t tenable. If U.S. interrogation practices are morally defensible, then they should be justified for all departments under executive branch supervision. And if the White House truly believes the McCain Amendment will damage American ability to obtain actionable intelligence from the enemy, then it ought to say so loudly and clearly and force Congress to take responsibility for its wartime micromanagement. Mr. McCain will then be accountable for the inevitable loss of intelligence-gathering capacity.

Alas, the Bush administration doesn’t have the freedom of the WSJ’s editorial staff: they actually have to govern for the next three years. And this time, the president, a former military pilot, obviously decided that a controlled crash was better than a midair explosion.

Hatched by Dafydd on this day, December 16, 2005, at the time of 12:03 AM | Comments (3) | TrackBack

December 14, 2005

More “Patriot” Doubters

Yesterday, in Patriot Paroxysms, I wrote the following:

All eyes turn now to the Senate, where the biggest problems lurk. Those problems are named John Sununu (R-NH), Lincoln Chafee (R-RI), Susan Collins (R-ME), Olympia Snowe (R-ME), Lindsay Graham (R-SC), and possibly Arlen Specter (R-PA) — though it looks as though Arlen is satisfied with the deal cut in the conference committee to reauthorize the most controversial provisions for an additional four years… basically, to kick the can down the road a bit more, leaving it up to the 111th Congress in 2009 to figure out what to do about it.

Today, Tom Bevan suggests we need to add Lisa Murkowski (R-AK) and Larry Craig (R-ID) to that list. I actually haven’t heard for certain how Chafee, Collins, and Snowe are leaning; last I heard, Graham seemed to have serious reservations.

Bevan goes on to note:

John Sununu is neither a RINO or a reactionary, and he’s co-author of the bill in the Senate seeking to postpone permanent reauthorization of the Patriot Act.

Perhaps not, Tom; but Sununu is also not at all forthcoming about what, precisely, he fears. Here is the closest he comes in his op-ed in the Manchester Union Leader yesterday:

As originally written, the Patriot Act created and/or expanded two specific types of subpoena power for federal authorities: the first, a “215 order,” allows the confiscation of any business or library records believed to be relevant to a terrorism investigation; the second, National Security Letters (NSLs) — issued without the approval of a judge — allow the government to compel businesses to provide access to a broad range of financial information, including transaction records and data. In both cases, a “gag order” is automatically imposed, preventing a business or individual from even discussing that the order has been issued. As dramatic as these powers may be, I do not oppose their creation or extension. It is essential, however, that Americans are given the fair opportunity to appeal these orders and their accompanying “gag order” before a judge in a court of law.

The PATRIOT Act fails to provide for meaningful judicial review of NSLs by placing an unreasonable burden on the individual to show that the government acted “in bad faith.” Even in the most egregious of cases, an innocent American would have difficulty meeting such a high threshold.

Sununu fails to even mention the purpose behind these provisions, even while he insists he has no problem with them per se:

• Law enforcement needs to see financial and other records to track the funding, planning, and organizing of terrorist groups — often the only way that we can find them and haul them into court.
• The gag order is essential because terrorists are, above all else, highly mobile; if they learn they’re under investigation, they simply disappear and reappear in another city with new identification in a different name. Secrecy is essential — until we pounce; thereafter, those records obtained by 215s and NSLs must be produced in court (assuming this occurs in the U.S.) and their provenance explored.

It appears the sole dispute Sununu has with reauthorizing the Patriot Act is that the burden a recipient must prove to get out of providing information demanded by an NSL is “bad faith” on the part of the law enforcement agency. But what standard does Sununu want? Typically, the person receiving the NSL isn’t the target of the probe, so you can’t demand “reasonable cause” to suspect the recipient. And why should the recipient be able to insist upon seeing your case against the actual suspect when the only connection is that the suspect is an account holder of the recipient’s bank? If the whole point is secrecy, then revealing the extent of your case against the suspect is even worse than allowing the suspect to find out that the FBI has examined his bank records.

Attempting to quashing the evidence should be restricted to the actual person who is eventually charged; and the time to do it is during the trial. The idea that an unrelated third party, not under suspicion himself but who possesses important evidence about the actual suspect, should be able to quash the investigation before it even has a chance to develop sufficient evidence to charge, is simply absurd. It argues that the cops need reasonable cause to seek reasonable cause.

None of this makes any sense at all, and Sununu’s flagwaving about Benjamin Franklin and the sacred right of freedom of speech does absolutely nothing to illuminate his objections. Free speech has never meant the right to say anything anytime to anyone; otherwise, we couldn’t have laws against fraud, slander, libel, or passing classified information to foreign agents.

Freedom of speech was always recognized as the right of members of the American community to express their views, ideas, thoughts, likes, and dislikes. No grand juror has a First Amendment right to spill the beans about the prosecutor’s evidence, and Sen. Sununu doesn’t seem to object to that limitation on speech. So why does he object to a similar bar to Bank of America telling Khalid Sheikh Mohammed that the FBI is looking into financial transactions of some company he runs? Just how high a hurdle does he want the Feds to have to overcome to obtain those records? Does the secrecy aspect matter to Sununu, or does he think all criminal investigations should be carried out in the full glare of the public spotlight?

And believe me, while B of A probably wouldn’t want to tell a terrorist suspect he’s being investigated, there are many, many Islamic and left-liberal businesses that would rush to do precisely that… purely on general, anti-Bush, anti-American principles, or else because they actually support the terrorist cause.

And what about the objections other senators have to the roving wiretaps? Is Sununu all right with those? He doesn’t deign to tell us, leaving the impression that he could decide to seize upon that issue if the NSL issue goes bust, and the Senate votes to maintain that provision unchanged.

If he supports roving wiretaps, he has the responsibility to argue in favor of them with the other complaining senators: since they know he’s with them on the NSL controversy, his support for roving wiretaps should carry a lot of weight.

But if he opposes those too, he has just as great a responsibility to explain to the American people what, exactly, is wrong with issuing wiretap orders on the basis of the target of the tap — rather than the specific phone number he may happen to be using at this time. Considering how easy it is today to switch phones and continue a conversation, it’s pretty urgent that the cops have that investigative power (at all levels, and even for ordinary criminal investigations). Again, I fail to see how it violates anyone’s civil liberties to allow a roving wiretap — but not to allow a regular wiretap.

So I understand Tom Bevan’s point; and of course, he makes it clear that he is perfectly fine with reauthorizing the Patriot Act as is; but it is simply incorrect to treat Sen. Sununu’s objection as if it were a coherent argument against the act as it now stands, or to treat this tantrum of his as anything other than a play for attention — and likely an attempt to extract some concessions, possibly in some other area.

Hatched by Dafydd on this day, December 14, 2005, at the time of 3:19 PM | Comments (1) | TrackBack

Patriot Paroxysms

The House appears to be in good order and will pass the reauthorization of the Patriot Act today (Wednesday, December 14th). Actually, most of it is permanent anyway; but there are some “controversial” sections that were only passed as temporary stopgap measures back in 2001, set to expire in four years.

Which, by a curious coincidence, would mean December 31st this year.

All eyes turn now to the Senate, where the biggest problems lurk. Those problems are named John Sununu (R-NH), Lincoln Chafee (R-RI), Susan Collins (R-ME), Olympia Snowe (R-ME), Lindsay Graham (R-SC), and possibly Arlen Specter (R-PA) — though it looks as though Arlen is satisfied with the deal cut in the conference committee to reauthorize the most controversial provisions for an additional four years… basically, to kick the can down the road a bit more, leaving it up to the 111th Congress in 2009 to figure out what to do about it.

If those first five are the only Republicans shaky on the Patriot Act, we’re fine; even without a single Democrat (and I still hold out hope for a couple), we would pass the reauthorization by at worse 51-50 (Vice President Cheney casting the tie-breaker; and he’d better be at a disclosed location — to wit, the Senate floor — when that vote is taken!) But what worries me is this:

About a dozen Republicans and Democrats in the Senate are complaining that the Patriot Act gives government too much power to investigate people’s private transactions, including bank, library, medical and computer records. They also say it doesn’t place enough limits on the FBI’s use of National Security Letters, which compel thirds parties to produce those documents during terrorism investigations.

How does that “about a dozen” break down? Naturally, this being the Associated Press, they don’t tell us: too much depth, Professor!

If it’s five Republicans and seven Democrats, well and good. But what if it’s the other way around? If six Republicans defect, then we could lose some of the most important elements of the act, including the ability to authorize “roving wiretaps” (where the cops get a warrant to tap any phone that a suspected bad guy uses, even one borrowed from someone else, rather than just a particular phone number); and the ability to subpoena, from private businesses, records of the actions by the target — and to prohibit the business from tipping off the target of the probe. Thus, company invoices for materials purchased by the target of the probe could be subpoenaed from the company, or travel records, or even theoretically a list of books on bomb-making purchased from Amazon or checked out of the library (this is the one that causes “civil libertarians” to literally float six and a half feet in the air and twirl around faster and faster until they explode).

I used scare-quotes around the word “controversial” in the first paragraph of this post because the controversy is entirely manufactured by opponents of fighting the war against Islamic jihadi terrorists. Curiously, these same people point their fingers and accuse the CIA and FBI of not “connecting the dots” before 9/11 — while simultaneously doing everything they can to prevent us from connecting any future dots we may stumble across. There is actually nothing controversial about these provisions… because they have been sitting in the federal code for years now, or in some cases decades, to be applied to cases of foreign espionage, drug running, and racketeering. All that the Patriot Act does is add terrorism to that list of crimes for which such measures are allowed.

Nevertheless, nearly all the Democrats and a few wilting-violet Republicans are adamant that allowing us to use the same tactics against Osama bin Laden that we already used against John Gotti would spell the end of liberty in America. They don’t quite explain the point; like Mary Poppins, they never explain anything!

Alas, they have votes, even if they are potato-heads; and they must be appeased. One awful possibility — which I hope the Senate GOP caucus votes against in lockstep — would be to authorize only a three-month extension, allowing an additional ninety days to play Let’s Make a Deal (“I’ll vote to reauthorize the Patriot Act, but only if you promise to drop ANWR from the Energy Bill conference report… and restore that Bridge to Nowhere, too!”)

Senate Democrats joined by some libertarian-leaning Republicans want to extend the expiring provisions of the law by three months to give Congress time to add more protections against what they say are excessive police powers.

“There’s no reason to compromise right to due process, the right to a judicial review, fair and reasonable standards of evidence in the pursuit of our security,” said Sen. John E. Sununu, R-N.H., one of several senators urging Congress to move the expiration date to March 31. [Sununu went on to fail to explain how allowing roving wiretaps would compromise due process, judicial review, or standards of evidence; does he think a roving wiretap means the suspect doesn’t get to hire a lawyer? — the Mgt.]

That would be a nightmare, especially as there would be no guarantee that, on March 32nd, they wouldn’t just do the same thing: refuse to vote for anything but yet another three-monther, another episode of Monty Hall. April Fool!

For this reason, it would actually be worse for the country to reauthorize for a token period than it would simply to call Harry Reid’s (D-NV) bluff and allow the Act to expire. Then go to the mattresses — and the airwaves — and announce that the country just became a heck of a lot less safe, and terrorists a heck of a lot more secure, until the Democrats and the RINOs come to their senses and reauthorize the Act.

Spend a couple weeks on the talk shows explaining the provisions, why they’re needed (and why they don’t threaten our rights), and reminding voters that the next 9/11 is already being plotted, and the only question is whether we pick the terrorists up before they strike — or after.

It’s a risky game; but this is the Great Game — the one where, as I said before, you can’t quit. To paraphrase Bette Davis, Fasten your seatbelt, it’s gonna be a bumpy fortnight!

Hatched by Dafydd on this day, December 14, 2005, at the time of 3:14 AM | Comments (0) | TrackBack

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