Kneecapping Your Own Quarterback (with update)

(see Update below)
So forty-seven U.S. Senators went and did a thing this weekend, where they sent a rather demeaning and error-filled letter to the Iranian government warning them that any treaty deal over stopping Iran's uranium nuclear-bomb projects will be meaningless:

...What these two constitutional provisions mean is that we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei. The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time...

The Senators are basically telling the Iranians "Screw it.  No matter what deal you make with Obama, we'll just vote it down or ignore it and if we get a Republican in the White House in 2016 you are all bombing targets."

One of the sins that these Senators committed: the whole "advise and consent" element in Article II of the Constitution is that the Senate should be advising OUR PRESIDENT and NOT advising the foreign power.  The Senators are openly influencing - through reckless intimidation - another nation into NOT dealing with our government over a possibly peaceful solution to a serious problem.  This sort of move reeks of war-mongering (the GOP wants a war with Iran, in case you hadn't noticed), this sort of move reeks of treason interfering with our government's ability to work with other nations.

The other sin is that this move reeks of the Senators being total assholes.

The Republicans have taken their 6-years-and-counting obstruction against Barack Obama and turned it into an international scandal.

There are certain things in politics, in the halls of power, you just don't do.  There are written rules of conduct, official checks and balances codified into the Constitution itself.  There are the unwritten rules of decorum and behavior, of ceremony and tradition where certain offices are granted a lot of leeway to get work done.  There's the common sense things where you don't go tugging on Superman's cape or spit into the wind.

It's been an unwritten rule since the days of Washington himself where the President, via his executive offices of the State Department, handles all the heavy lifting and deal-making of treaties with foreign nations.  In this, the Senate only comes in either as individual experts on certain topics or nations to consult with the President directly, and otherwise the Senate waits until a treaty gets signed before it comes to them for 2/3rds vote to ratify.  There was a sense of decorum about it: let the President handle the foreign policies as Head of State.

This letter nukes all of that, metaphorically and literally.  It's an open warning shot across the bow.  It's a blatant show of disrespect towards a President they've accused again and again of being un-American, and it's a disgusting display of obstruction no other President has ever had to cope with in the 220-plus years of our nation's dealings with the world.

I've looked at that Logan Act, the law making it a crime to interfere directly or indirectly with a President's ability to form treaties or deal with foreign powers.

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

I swear, that Senate letter reads to me like it's violating the part of the Act I've marked in bold.  The only thing that's keeping me from screaming about these Senators committing outright treason is that bit about "without authority of the United States."  As Senators, they DO have authority... but my question would be "do they have THIS kind of authority to directly parley or communicate with a foreign nation, in direct interference with the State Department which DOES have the authority? And in direct interference with the President of the United States who DOES have the authority?"

At what point did the Senate cross the line on the Logan Act?  They sure as hell crossed the line for decorum and decency with this bullshit stunt.  This is an open act of sabotage against the President of the United States.  A President in Barack Obama who's won two majority elections to serve as President.  A President who's been attacked again and again for no sane reason other than the Republicans being hateful bastards.

UPDATE: I think I found the answer to the question above ("At what point did the Senate cross the line on the Logan Act?").  There was a court ruling back in 1936 - U.S. vs. Curtiss-Wright Export - where the Supreme Court ruled in favor of the President using his powers to go after arms dealers selling to foreign nations/powers.  Part 9 of the ruling says "In international relations, the President is the sole organ of the Federal Government." To wit:

...In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it... They think the interference of the Senate in the direction of foreign negotiations calculated to diminish that responsibility, and thereby to impair the best security for the national safety...

I really believe the 47 Senators broke the law: they calculated to diminish President Obama's responsibility to negotiate with the world.  I really believe they should be charged and held accountable.  The Logan Act requires it.  The Supreme Court confirms it.  The only question now should be "who has standing to file the charge?"  If it's Obama, dammit man NOW is the time to fight the fire burning down our political system.  If it's the State Department, your very office DEMANDS you secure your ability to negotiate with foreign powers.  If it can be someone in the Senate, dammit Democrats MAN UP.

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Can The Elephant Ever Thread The Eye of the Needle?

(Update: The GOP House is attempting to get something resolved, but it's doubtful the bill - something that would nuke DACA with extreme prejudice -would survive its trip to the Senate, let alone getting to Obama's Oval Office where it'll get vetoed.)
I've mentioned before how this Republican-led House in the U.S. Congress may be one of the most incompetent ever, but today's failure to even get a vote out on an emergency border bill takes the prize (via Washington Monthly):

Despite some nativist tweaks aimed at getting conservatives on board, the House GOP leadership (operating for the first time with Kevin McCarthy instead of Eric Cantor holding the whip) had to pull its much trumpeted border bill this afternoon, apparently abandoning the whole effort while Members head off on their long August recess...

This article quickly links to Talking Points Memo for more:

...Immigration-weary conservatives said the $659 million supplemental, and the subsequent measure to end the Obama administration's Deferred Action for Childhood Arrivals (DACA) program, didn't go far enough in rebuking the president's actions.

It was a remarkable defeat for the new GOP leadership team on the day that Rep. Eric Cantor (R-VA) stepped down as majority leader.

Speaker John Boehner (R-OH) announced the decision in a joint statement with his new leadership team, including House Majority Leader Kevin McCarthy (R-CA), House Majority Whip Steve Scalise (R-LA) and House Republican Conference Chair Cathy McMorris Rodgers (R-WA)...

Why the hair-pulling?

Because of three things of direct concern: 1) there is a major crisis at the moment with an influx of children immigrants flooding across the US-Mexico border, a lot of them fleeing an increase in violence and corruption in places like Honduras and Guatemala, 2) the prolonged failure by Republican Party leadership to address any form of immigration reform was starting to show, and 3) the Republicans were poised to use this bill to force draconian cuts to Obama's planned efforts of immigration reform (he had asked for 3.7 billion in comprehensive funding to which the House slashed it down to barely 659 million for border security only, and the Far Right in the House were aiming to slash at other programs like DACA), positioning themselves to look good to their base while making Obama choke on the sh-t sandwich they were going to serve him.  Now they can't even serve him a sh-t sandwich (even with them trying to blame this all on Obama anyway).

Another problem?  The one thing this House did vote for this final week was a resolution granting Speaker Boehner the power to file a lawsuit against Obama's "unlawful" abuse of Executive Orders.  Like I said before, more a political stunt to appease their base, but now this lawsuit creates a paradox.  Because House Republicans can't pass the legislation needed to get things done, they're forcing Obama into the position of issuing Executive Orders to cover the gaps that failure of legislating is creating.  Per the Washington Post:

...When Obama takes some kind of executive action to address the broader immigration problem, Republican complaints that he’s being tyrannical will be undermined by the GOP’s abysmal failure to offer an alternative. If they had passed a border bill he vetoed, or one that died in the Senate, they could claim they tried to solve the problem. But now all they’ve got to show for the end of the session is a lawsuit — one that will probably offer their own right wing nothing but frustration and disappointment, and will validate everything Obama is saying about them.

This is the best that the Republicans in the House could do this summer?

Some of the other things worth mentioning: we were promised an exclusive special committee getting into the bottom of Benghazi, yet I can't recall a single news report about them since May (turns out they're scheduled to hold hearings this September); Congress has been having problems funding bills for our nation's transportation infrastructure; the only thing that this Congress seems able to pass is a major reform and funding package for the Veterans Affairs department that was facing serious breakdowns in service and management... and that's pretty much because the failures at the VA were so great and so prolonged that both parties had to respond quickly to fix it.

We're discussing one of the least productive Congressional sessions in recent memory (barely doing any better than the previous one of 2011-13, which wasn't all that busy anyway).  Like it or not, we as a nation need a functioning Congress to uphold the legislative duties that keep our government working.  When it doesn't work, very little else can...

There is a possibility that the House will delay their planned August recess - for a few days at least - in order to pass something of a border security bill, and avoid the outright embarrassment of heading off to their fundraiser parties at country clubs.  But given the dysfunction of this party - their obsession to embarrass Obama at all hazards, their failure to keep their more extremist factions in check - I doubt the House Republicans will get anything done before they blame their failures on Obama and move on.

This is not a political party geared towards passing any decent legislation.

Reason #4793178 you shouldn't vote Republican.

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Executive's Order, Speaker's Chaos

I had about five other things I wanted to write about - after long weeks of having little to discuss that could be resolved in a simple, "what the hell?" retort - but I spotted this halfway through the day and felt compelled to lead off with this.

Speaker John Boehner is seriously reviewing his options on pursuing a lawsuit against Barack Obama's use of Executive Orders.  To wit (via the Washington Post):

Reports today indicate that House Speaker John Boehner (R-Ohio) is planning a lawsuit over Barack Obama's use of executive orders. These orders have long been a focal point of right-wing anger, particularly since January of this year when Obama announced he'd be using more of them to bypass a gridlocked and dysfunctional Congress.

After the immediate round of laughing my ass off, I had to consider the actual seriousness of what Boehner's hoping to accomplish.

With regards to EOs (abbrev. Executive Order, natch), there has been a long history of Presidents issuing such things ever since the first one under the Constitution, George Washington himself.  The argument for them stems from the interpretation of Article II, Section 1 Clause 1 that grants Presidents the power to "faithfully execute the laws": in order to execute - or perform duties - under such laws the President has to establish the who, how, where and when those laws have to be enforced (the "why" of the laws fall under judicial review set by the Supreme Court).  The only noticeable time Executive Orders were even considered by SCOTUS, it was when they overturned an EO issued by Truman because it "attempted to make law" rather than enforce one.

Ever since that, Presidents made the effort to relate their EOs to congressional laws.  Legal scholars, however, still consider Executive Orders in a kind of gray zone where their actual constitutionality might or might not exist.  It's in the gray zone that Boehner wants to attack Obama's efforts to use EOs this year to work around GOP Congressional obstruction.

Thing is, Boehner's case is weak to begin with.  Obama's case history of issuing EOs demonstrate he's not the great offender Boehner and the Far Right make him out to be:

That Post chart tells the facts: compared to modern Presidents, Obama's issued the fewest EOs in decades.  For the most part of the 19th Century, you'll note the lack of executive activity... up until Teddy Roosevelt, that bundle of energy who defined the modern Presidency with his progressive activism.  It calmed down by the time of Eisenhower, and even then the EO average hadn't been reached since the days of Jimmy Carter.

And while the modern conservative wingnut faction of the GOP are screaming about Obama's "overreach", his 175 (as of March 2014) EO count in six years comes nowhere near sainted Ronald Reagan's 381 total (Obama would have to double his EO count in the next two years to even come close).

Despite what Boehner claims, this whole thing smells of setting up for cause to impeach.  They couldn't impeach over the birth certificate, they couldn't impeach over Solyndra, they couldn't impeach over ObamaCare, and the Far Right are finding out they don't have much to impeach with over Benghazi, the IRS SuperPAC investigation, Benghazi, the prisoner exchange for the sole POW we had in Afghanistan, Benghazi, Obama's method of shoelace tying, and BENGHAZI.

So they're going after Executive Orders.  The plan looks to be simple:

1) Get the courts to establish that Executive Orders in general are not allowed under the Constitution: that it's executive law-making, conflicting with the Legislative power to make laws.
2) Argue that considering Obama used EOs throughout his tenure, he was committing impeachable acts all along.
3) IMPEACH.

Which brings up the unpleasant reality that EVERY President - save William Henry Harrison (I died in 30 days!) - would have to be retroactively impeached.  Not to mention the fact that any future President coming out of the Republican ranks (if that ever happens again, considering how f-cked the party's becoming at the national level) is suddenly going to have no executive power of his/her own to wield if Boehner and the Far Right succeed at this.

This obsession with stopping Obama at all costs is both ridiculous and dangerous.  Ridiculous in that the GOP's efforts are going against decades if not centuries of effective government traditions.  Dangerous in that if any of these efforts succeed we could see the end of the system of checks and balances that made our federal republic work all those centuries.

The courts already established clear limits on EOs: banning them outright can restrict a President's ability to enact any law not without instructions spelled out by Congress to the letter.  And considering how some laws may conflict with others, it'd end up to the courts clearing that chaos which could take years to resolve, which a smartly-worded EO would otherwise straighten out.  We've been doing this for decades, as history shows us: even during the questionable periods of civil war and world wars, overall this system worked.

Now, just to deny Obama anything, Boehner and his congressional allies want to wipe that all out.

"This is about faithfully executing the laws of our country," says Boehner.

Problem with that, Mr. Boehner, when you were asked which laws weren't being executed, you couldn't provide a single example.

If you were serious about this, Mr. Boehner, you'd have a violation on hand, you'd have an excuse, before coming to the cameras to make your threat known.

The Speaker of the House is inviting chaos into our system of checks and balances.  This is what we've come to.

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Trying to Rank Scandals, Phase Four: When It's More About Humiliation Than About Justice...

It's been awhile since I've written about scandals - and how we need to form an unbiased effective means of determining which scandals need investigating and which deserve to get ignored - but an update with one of the events talked about - the GOP obsession with Benghazi - has taken place:

It is by sheer coincidence that just as Obamacare recedes as an issue, House GOP leaders have announced their intent to create a Select Committee on Benghazi—something they've long resisted—and that Oversight Committee Chairman Darrell Issa, perhaps overcome by zeal to maintain control over the issue, subpoenas Secretary of State John Kerry to testify about the 2012 attack—despite the fact that Kerry was a senator at the time, and hasn't been invited to testify, and is currently visiting Sudan.

The pretext for all this is the release of an email from White House adviser Ben Rhodes, which includes as a bullet point the goal that in speaking about the attack, then-U.N. Ambassador Susan Rice should "reinforce the President and Administration's strength and steadiness in dealing with difficult challenges."

Slate's Dave Weigel did a great job earlier this week of placing the email in chronological context, to discredit the argument that the email represents evidence of a "cover-up." And while it might appear a bit unseemly for administration officials to be concerning themselves with the president's image and the administration's competence in the midst a crisis… this is actually completely uncontroversial. Would John Boehner and Darrell Issa have preferred it if Susan Rice went on TV that week and granted that the administration was in complete disarray? Or had refused to take a position on the administration's handling of the situation?...

The early responses from the left side of the aisle has been "Oh great, they're finally going there" alongside analysis that the Republicans are desperate to re-stage another round of Benghazi investigations because their 2014 Midterms talking point of "ObamaCare is broken and must be repealed" is falling apart as enough voters don't believe it's broken and are seeing enough benefits out of it.

But it's problematic to just dismiss the Republican obsession with Benghazi off-hand.

The reason the Republicans keep jumping on Benghazi is because it is a legitimate tragedy: four people died due to errors in security.  This isn't like the Far Right harping on Obama's birth certificate, or mocking whether or not Obama uses a teleprompter, or whether Obama ties his shoelaces in a proper American fashion.  This isn't even the matter where an IRS office in Ohio investigated Tea Party SuperPACs (the other big scandal the wingnuts obsess over, but which is meaningless because the IRS office investigated a lot of other SuperPAC 501s as well).  Benghazi is a real problem because people died.

But the Republicans have to realize they're pushing a scandal well out-of-proportion to the facts, and pushing it in such a way that all other outside observers will view it as insanity.  The Republicans seem to focus on how the Obama White House was handling the "messaging" in the wake of the attack, as though that was a cover-up worth having (or that the messaging would reveal malign intent of some kind).  The GOP House is looking into the standard back-and-forth of interoffice communications rather than focus on the real scandal: how the security systems for our overseas consulates broke down (and what can be done to re-enforce that security).

But I doubt the Republicans will want to dig too deep into the real scandal of Benghazi: that's the problem behind the GOP's All-Benghazi mission.  The Republicans' objective isn't to fix the problems: the Republicans' objective is to make Obama look like a failed President (and the Democrats all look like librul un-American incompetents).  At all costs.

The other reason the GOP is hitting hard on Benghazi is that it's also a way to attack the supposed front-runner for the Democratic Presidential primaries for 2016.  As Secretary of State at the time, Hillary Clinton is someone the Republicans want to have held accountable: they want to drop the four dead State employees around her neck like a millstone.  The Republicans want to turn this tragedy into another Chappaquiddick, another Willie Horton.

It's as TBogg writes over on Raw Story: Benghazi is all they got (remember Solyandra?  Remember the Birth Certificate?  Remember Rev. Wright's radical Christianity and Obama Still being a Secret Muslim on the side?  Remember Death Panels?  Remember a failed website rollout?  Remember nationalizing the auto industry?  Remember how Obama ties his shoes, even when he wears loafers?).   Just like pursuing Bill Clinton over Whitewater and Vince Foster led to getting impeached over blowjobs: the Republicans do not care about the facts or about justice, they only care about purging anybody who stands in their way of achieving their "permanent majority rule" of their 100-year Pax Reaganicus.

Someone tweeted or blogged a quip that ended up in the recent Balloon Juice take on the Benghazi obsession: Who could’ve predicted that when the GOP establishment handed Nixon the pearl handled revolver in the parlor, we would have to impeach every Democratic President for the next forty years to balance things out? It seems that way, doesn't it?  I mean, granted they never impeached Carter, but that's because Democrats controlled Congress his term of office (and Carter still angered Congress enough to hover on the edge of impeachment).  It's been noted before how it's gotten to where it's expected for the Republicans to impeach a Democratic President because they can't handle the idea of a Democrat sitting in the Oval Office... the current GOP can't seem to handle the idea of honest bipartisanship... the Far Right can't accept the possibility of making political deals and compromises of any kind, and there's no moderate faction (hello, RINO purity purge) to make those deals anymore...

So we get this: a partisan response to investigating a scandal.  What happened in Benghazi does deserve investigation... but not as a political attack aimed to humiliate Obama or Hillary.  That way lies madness, and a refusal to make things work in government while the powers-that-be pursue a bullsh-t political agenda.

This is not how we should fix the nation's woes.

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Division

What does it tell you when the opposition party plans not one but THREE separate presentations against the President's annual State of the Union (AKA the one where no President is crazy enough to tell the truth and always says, ALWAYS SAYS, "The state of the Union is STRONG" like the White House doesn't have access to a freaking THESAURUS, I mean damn use a new word people!)?

What does it say that the modern GOP is so divided between the establishment wing, the Tea Party wing, and the ego-minded "lemme get my name out there for 2016" wing that they're going to give three boring reprisal spiels to follow up Obama's boring checklist for 2014?

From Salon.com:

...That’s right: It’s almost time for the annual State of the Union address and its rapidly multiplying responses...following the president’s address, Americans will also (if they choose to) hear from three separate elected Republicans. Because if there’s anything Americans love more than lengthy speeches from politicians, it’s three successive lengthy speeches from politicians...

There's the response from the establishment wing by Congresswoman Cathy McMorris Rogers (highest ranking female Republican in the House), then the response from the Tea Party faction by Senator Mike Lee, and also a response via personal YouTube channel by Senator (and 2016 campaigner) Rand Paul.

...When Michele Bachmann delivered her “Tea Party” response to the State of the Union in 2011, it seemed unlikely to become a tradition. But the next year, presidential candidate and pizza magnate Herman Cain delivered his own Tea Party response. Then came Paul, who apparently enjoyed it so much that he decided to deliver his own totally unaffiliated response speech Tuesday, to be posted on YouTube and sent out directly to his followers and fans via his email list...

...Rand Paul’s response won’t be on the networks, because Rand Paul’s audience isn’t everyone, and his intention isn’t necessarily to persuade the median voter. He will sit for cable news interviews after the speech, and hit up the Sunday show circuit a few days later, because he’s still campaigning for 2016 and needs as much free media as possible, but a YouTube response sent directly to people who already support Paul is mainly about energizing and expanding his list.

And that’s sort of the problem the Republican Party faces right now: For Paul, there’s not really any reason not to distract from the “official” party response with a nakedly self-serving bit of early campaigning. There’s nothing stopping whomever wants to declare themselves “the Tea Party” from delivering a response too, because part of identifying with the Tea Party is rejecting the “Washington” leadership of the GOP... but the responses are multiplying for the same reason phony talking filibusters suddenly caught on among Senate Republicans last year: because the GOP is effectively leaderless and acting like a rebel insurgent is the only way to win over grass-roots conservative voters...

The leaderless issue stems from how Speaker Boehner - technically the highest ranking Republican in government - seems unable to control the various conservative factions within his own party, something previous Speakers were supposed to do with a level of finesse and back-room bullying.  (Part of this "lawlessness" within the House has been the blocking of pork-barrel spending and committee patronage: Speakers no longer have a carrot to help keep party factions in line)  But there are other reasons why the GOP is leaderless: The most obvious is that there are too many splits within the furthest wing of the political spectrum: there's too many Far Right groups struggling for control without any moderate faction to balance them (or force them to unite against intra-party rivals).

The current schisms seem to be between the ones most wanting to prove themselves the heirs to Reagan (the Establishment), the ones most wanting to prove themselves the heirs to Reagan and Ayn Rand (the Libertarian), and the ones most wanting to prove themselves the heirs to Reagan no wait Richard Nixon well not really oh hey yeah Strom Thurmond and Jerry Falwell (the Tea Party).  The ones most wanting to prove themselves the heirs to Teddy Roosevelt and Ike have pretty much been forced to sit in the hall outside the principal's office (RINOs).

Despite the similarities these factions share with each other - a hatred of hippie libruls and hating on Obama for simply existing - they're all jockeying for dominance within the GOP itself because there are still slight differences.  The Establishment types are for basic deregs and no tax hikes, talking the game but amenable (without admitting to it) to making deals on issues like immigration.  The Libertarians are fully small government (total deregulation) to the point of hating government, but not too keen on social issues like the drug war or abortion.  The Tea Partiers say they're all for fighting taxes, but they've really organized over social (anti-immigration, anti-Obamacare) and religious (abortion) issues and protecting their own interests (Medicare and Social Security, but only for themselves).

Adding to the craziness is the need to grandstand - much like Paul doing his own counter-speech to the counter-speeches already lined up - in order for each official to claim the banner of "flag-carrier" for whichever movement they seek to front.  It's a kind of Catch-22: the Republicans appear leaderless, so individual Republicans present themselves as the leader except for the fact there's 10 to 50 other Republicans doing the same thing, forcing them to fight each other and perpetuating the view that the Republicans are leaderless...

So you've got them - the individual grandstanders, the three major wingnut factions - pulling the party apart. Primarily because the other option - forming their own political party - is too much work and not guaranteed to succeed.  Our electoral system is geared to two parties: third parties do not last long, as history bore out.  Owning the Republican Party outright is the smart move.  And the ones who do own the Republican Party - the deep pocket uber-billionaires like the Koch Brothers - honestly don't care which faction is at the controls as long as their pet projects - tax cuts and deregulation - stay safe.

The other problem with the GOP being leaderless is that the real leaders - the aforementioned deep pocket billionaires, the media elite types like Rush Limbaugh and Fox Not-News manager Roger Ailes - are not in positions of accountability within the party itself.  None of them hold offices either within the party nor elected positions in a federal or state government.  They are talking heads standing on the sidelines, caustic critics throwing bombs at foe and friend alike, refusing to answer to anyone and forcing the actual elected officials to kow-tow to them.  It'd be up to them other normal circumstances to broker deals in the back rooms to get one faction favored over another... but favoring one to the exclusion of the others is bound to piss those factions off to commit acts of sabotage (say, refusing any deals to resolve a government shutdown).  And the factions are relatively weak because none of them - Libertarian, Tea Partier, even the Establishment faction - appeal outside of their Far Right base.  None of them have members that appeal to the populism of a Reagan or even Bush the Lesser (none of the potential leaders are Passive-Positive personalities).

As long as there's been opposition replies to a State of the Union (since 1966), there's never been a divided series of replies like this.  Letting the Tea Party faction in 2011 do their own didn't help the Republicans, and now they're up to three separate replies with no guarantee any of them will stay "on message" to help with the 2014 mid-terms.  Who's to say by 2016 the Republicans are going to have twenty, most of them by desperate primary-running Presidential candidates, half of them spewing craziness that wins over primary voters but scares off the moderate, mainstream voters that are needed to win general elections?

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Trying To Rank Scandals, Phase Three: Separating Schadenfreude From Serious Scandal

The scandal of the last two weeks - the ongoing BridgeGate matter of Chris Christie, which is becoming more like BullyGate well heck BullyGate's taken by the Dolphins, what are we gonna call the blocking of relief funds to Hoboken - has a parallel scandal erupting in another state (Virginia) as I write tonight: the ongoing federal corruption probe into former Governor Bob McDonnell and his wife has led to 14 counts of corruption handed down by the grand jury investigation.

McDonnell addressed media hours after a federal grand jury delivered a 14-count indictment against the governor and his wife, Maureen. The charges stem from state and federal inquiries into the couple's relationship with a prominent donor, Jonnie R. Williams, the head of a dietary supplements manufacturer. Williams showered the McDonnells and their family with gifts and favorable loans, but the former governor insisted all have been repaid and none of the gifts were meant as a way to curry favor.

Based on the previous article I wrote, these is seriously damaging to McDonnell's political career: Corruption scandals hurt more than any of the others (Financial, Sexual, Political).

The charges represent a stunning fall from grace for McDonnell, the Republican governor from a swing state that doubles as a political seat of power. Mitt Romney considered the governor as a potential running mate in 2012, before the 2013 trial of a former executive chef for McDonnell on unrelated charges unearthed details about the governor's relationship with Williams.

McDonnell's early response to this has been to avoid blame by pointing out he never did favors in exchange for all these gifts, and arguing that if what he did was truly criminal the federal prosecutors would have to arrest every other politician from Obama on down.  I'm slightly surprised he didn't outright blame his political opponents or any "vast liberal conspiracy".

Because, let's be fair, the ones most likely to push any criminal or corruption investigation would be your political opponents.

This is THE problem with creating an honest-to-goodness ranking system for political scandals: It's that there is a bias one way or another over each and every scandal (and inflated non-scandal) when they erupt.  Even when there is a legitimate crime taking place, like covering up illegal wiretapping, or selling arms to Iran and then using that money to fund rebel forces in Central America, or outing a covert CIA operative as political payback: there is a bias to the force that pushes those investigations into the open.

And it's not exactly wrong for an opposition party or faction to be obsessed with finding fault with the person or party in charge.  Just look to those nations with one-party or authoritarian regimes (cough China cough): without an outside faction with some legitimacy and ability to investigate, corrupt forces within that one party will remain unchecked until serious disaster happens. And by then - with hundreds if not thousands dead, or with a government bank bled dry - it'd be too late.  This is the one advantage democratic institutions have: opposition parties help keep the other parties (relatively) honest, or at least give the disgruntled suffering masses another banner to rally to.

The problem with a partisan investigation is the schadenfreude that propels it, the malicious joy the opposition forces are feeling whenever their hated rival(s) are stewing in a hell of his/her/their own making.  That schadenfreude - that desire to humiliate the suspected wrong-doer not only for the crime committed but for merely existing - may drive the investigation into improper actions all its own.

What happened to Bill Clinton is a perfect example.  By 1992 there were legitimate questions into Bill and Hillary's financial dealings in land developments, well enough that by 1993 a special prosecutor was appointed to investigate.  The original investigator had been appointed by Clinton's AG (Janet Reno), but the courts determined there was a conflict of interest and so appointed Ken Starr, who was scrupulous enough to have served as a judge but was partisan (conservative Republican).  Driven and supported by anti-Clinton factions both in private and in Congress, Starr dug into every rumor and every misdeed in an attempt to get "something" on Clinton, even when it didn't relate to Whitewater (or to the Vincent Foster suicide, which was included in Starr's investigation).  In the end, all Starr could turn up was a college-age intern named Lewinsky who had an adulterous affair with the married President.  That was pretty much all Starr and the Republicans had on Clinton when Congress pushed for impeachment.  All it did was make the Republicans look like idiots and haters to the majority of Americans, and Clinton left office unimpeached and (still) popular.  All because Clinton's attackers overreached.

To a lesser extent, the investigation into the Valerie Plame reveal has a partisan edge as well.  A serious security breach occurred when one (or more) White House officials leaked to various columnists that the wife of Joseph Wilson, a former ambassador who criticized Bush the Lesser's assertions that Saddam Hussein had secured weapons-grade uranium, was working for the CIA (implying that Wilson was siding with the CIA, which opposed Bush and Cheney's assertions about Iraqi WMD efforts, because of who his wife was).  Problem is, revealing a covert agent (No Official Cover, or NOC) is a serious federal felony (doing so has gotten people killed).  The investigations got as high up the chain of command as Karl Rove and "Scooter" Libby, Cheney's Chief of Staff.  The far left - which opposed the Iraqi invasion, and was horrified by Bush the Lesser's entire administration - openly pined for the grand jury probe headed by special prosecutor Patrick Fitzgerald to line up every possible suspect - from Cheney to Rove to even Bush himself - for indictment.  Just Google (tm) search the word "Fitzmas": there was literally a high level of giddiness among the liberal columnists that the Plame investigation would bring an end to the Bush/Cheney regime.  It ended up indicting just one person - Libby - while letting Rove (who was caught lying multiple times to the FBI) and Richard Armitage (revealed to be the one who DID leak Plame's employment) and Cheney (whose office benefited most from destroying the CIA's credibility) off the hook.  The best that could be said about Fitzgerald's efforts is that he didn't let the schadenfreude get the better of his investigation: but it was there, at least in the media coverage.

What's going on right now with Obama's administration is another example.  There's been an obsession by the GOP House - alongside their far right media supporters - to investigate (almost) every little thing that has happened and is happening.  Rep. Darrell Issa, head of the Congressional Oversight committee, has been pursuing a handful of "scandals" - an IRS regional office investigating partisan superPACs like Tea Party organizations, the failure of security at the Benghazi embassy that left four dead, a gun-smuggling operation involving ATF that got out of control - that most observers (both Right and Left) deem as attempts to get impeachment proceedings established.  But Issa's investigations, even after months (now years) of digging, have led nowhere: official investigations into all three haven't turned up the "holy grail" of evidence that Obama had a hand in any of them, or even that Obama's major allies (Hillary Clinton (again), AG Holder) were complicit or committed crimes.  What's driving Issa's investigations is the hatred the Far Right have for Obama, to the point where the Republicans are convinced that Obama is guilty of all of these things regardless of the uncovered facts and that all they need is the flimsiest thread (my Shoelace Hypothesis) they can find to stop him.  That partisan need is blinding the Far Right, making them cry Wolf every hour of every day.

So the big question: how can we separate schadenfreude - worse, partisan anger - from what's deemed scandalous?  How can we establish a truthful measurement of a scandal and its importance that's not blinded by political opposition?  What can we agree on is a true scandal and not a witch-hunt?

I'll save that for Phase Four...

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Differences Between BridgeGate and Benghazi

Because, as sure as sunrises and sunsets, the Far Right's primary defense of Chris Christie's involvement in shutting down an interstate bridge is "but what about BENGHAZI?"

(also, they're screaming about the IRS office in Cincinnati investigating Tea Party PAC groups, but "Benghazi Benghazi Benghazi" is easier to roll off the tongue during the shouting matches, and also because the investigations revealed progressive groups were targeted as well, muddying the outrage)

If the Far Right Noise Machine really thinks they can equate "BridgeGate" ("A Bridge Too Far Right" is too wordy) to "Benghazi," then they've got more problems than they realize.

For starters, what happened in Benghazi where our ambassador to Libya and other staffers were killed is pure tragedy.  What's happening in New Jersey where Chris Christie's staff used a bridge shutdown as political retaliation (against whom, the investigations are still trying to narrow down) is pure farce.

Four people died and various wounded in the Benghazi attacks.  One elderly woman needing medical help was stuck in that trapped bridge traffic and later died, and there were most likely a lot of people suffering stress and minor health issues as well.  The bridge shutdown also interfered with a missing child search (the girl was later found).

The causes behind the Benghazi attacks are not 100 percent clear, either a part of mass rioting going on throughout the Middle East over a really bad anti-Muslim film trailer making the rounds, or a coordinated attack by militia groups in recently liberated Libya influenced by Al-Qaeda.  The causes behind the bridge shutdown are not 100 percent clear, either a retaliation against the Fort Lee mayor who refused to endorse Christie for the governor re-election campaign, or a retaliation against the state Senate majority leader from that district who's leading efforts to block Christie's state judicial nominations.

The Benghazi scandalmongers are convinced the matter goes all the way up to the White House (Obama!) or at least the Secretary of State (Hillary!) in that there was a cover-up after the incident to "hide damaging evidence" that the State Department failed to adequately defend our embassy and consular offices in a war-zone.  The critics - mostly the Far Right as well as much of the Congressional GOP - also accused Obama of not taking the matter seriously and failing to call it an "act of terror."  However, despite all the screaming and more than a year of congressional investigating, most of those accusations have yet to be proven.  And Obama DID call the Benghazi attacks an "act of terror" the day after.

The BridgeGate scandalmongers are convinced the matter of the bridge shutdown being political retaliation point to the fact that the cover story - a "traffic study" - makes no sense (Traffic studies don't work that way, and if there was a traffic study there would have been public notices and meetings beforehand).  They also believe that the order for the retaliation goes all the way into the Governor's office, and can prove it because Christie's deputy chief of staff Bridget Anne Kelly was caught sending an email to a Christie-appointed official David Wildstein that "it was time for some traffic problems in Fort Lee."  And while Christie himself has been firing staffers like Kelly as quick as possible and claiming "I didn't know," Christie's own public persona as a "hands-on" leader (as well as professional bully) makes his Sgt. Schultz-esque "I know notthink" excuse fall flat.  Meanwhile, the bridge closings has opened up a slew of investigations at the state AND federal levels (because closing an interstate bridge is a federal matter) with all affected parties - New Jersey, New York City and State, the U.S. - digging in.

So there you have it, the differences between Benghazi and BridgeGate.  

What this all means: we need a way to grade-scale our national scandals, because I'm sick and tired of every new scandal being labeled "Worse Than Watergate."

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Presidential Character: Week Forty-Four, the Long Game of Barack Obama

Or, as Andrew Sullivan is fond of paraphrasing it: Meep Meep.

It's difficult, but not impossible, to speak on a sitting President's political Character. Professor James David Barber did it himself during the Nixon administration, predicting the collapse of Nixon's second term mere weeks before the Watergate break-in.  Barber was subsequently asked to predict the following Presidencies before they took office, and reviewed them accordingly.  It helps, mind you, to have the distance of time to look back with less biased views - I'm one of the amateur historians who'll argue that RANKING a current President should have to wait 20 years before you can see how bad the damage was - but when you're doing the full roster for evaluation you might as well evaluate.

I also have to make it clear - if it hasn't been noticed yet - that I have a positive bias for Barack Obama ever since he showed up on the primaries circuit for the 2008 election.  Granted, I compared him to Jed Bartlett (quoting the origin myth of Mrs. Landingham telling the teen Bartlett he was a "boy king" destined for great things), but that wasn't meant to be a full slight: I was noting how Obama fit the profile of the idealized Democratic left-wing leader, youthful and energetic and forward-looking, in the style of Kennedy (and to a lesser extent Clinton) in terms of motivation and demeanor.  If it was a negative comparison it was referring to his lack of national credentials to serve as President.

Obama also appeared on the scene as an innovation: a political figure of African-American heritage actually running on the issues rather than his race.  Unlike Jesse Jackson, the last major black candidate for the White House, Obama had electoral (and legislative) experience.  The only previous candidate I could compare him to in this regard was Shirley Chisholm who ran back in 1972, but that was honestly a hopeless attempt (just coming out of the Sixties when a lot of animosity over civil rights remained: Chisholm survived three assassination attempts, that was how seriously bad it was).  By 2008, the nation was honestly ready for Obama to run - and for Obama to win - the Presidency.

I should amend that.  By 2008 (and 2012), most of the nation was honestly ready for Obama to run and win the Presidency.

I thought during the Nineties that the hostility the Republicans had towards Bill Clinton was over-the-top (the obsessiveness of the likes of Limbaugh and Sciafe, for example).  That it was partisan political positioning - to make the sitting President representing the other party look a failure to voters and to history - at its worst.  But that was nothing compared to the open hatred I see anymore from the Far Right and the modern GOP party as a whole when it comes to Obama.

We had a Republican Party from Day One of Obama's tenure push a program to ensure he failed, completely, even at the cost of competent governance and legislation.  Before 2012 it was to make sure Obama was a One-Termer: after 2012, when that didn't work, it's to make sure Obama never gets anywhere near the Top Twenty rankings (where a lot of Two-Termers save the really bad ones  cough Grant and Bush cough end up).

Never mind the possibilities that the Republicans could have maintained some semblance of respect with a Beltway media market that prizes "bipartisanship" above all else.  Or at least provide more input into political agendas with an Obama administration that keeps approaching the GOP for deals primarily because the nations expects sensible leaders to do that.

It's a pity of the Republican hard-liners that they've gotten to the point where any compromise is viewed as a surrender, where any deal is viewed as a defeat.  A saner political opposition would be taking advantage of the fact that Obama is an Active-Positive President, which means that compromises and deal-making would be the norm with Obama rather than a hard ideological stance.  The GOP keeps seeing Obama through a biased lens of "Kenyan Socialist Fascist Usurper Who's Lazy and Needs Teleprompters" (oh yeah, not racist at all /headdesk) when they should have been - and should be - seeing Obama as a pragmatic centrist whose liberal leanings are nowhere near where the Far Left ever hopes them to be.

Rather than pursue straight-up Far Left policies, Obama has publicly encouraged and endorsed more centrist positions on the budget, on the economic recovery from the 2007-08 Recession, and on foreign policy issues.  Rather than accept that, the Far Right in control of the Republicans focus instead on the aspects of Obama's positions they deem "liberal" and "un-American": such as Obama's insisting on balancing a budget with tax increases on upper incomes (which a majority of Americans support), his "taking over of the automotive industry" (which was finally sold back this year after a successful industry-wide recovery), and attacking Obama on every foreign policy move - from Libya to Egypt to Syria to Iran - even when he changes gears and even when he produces results that A) prevent Americans from getting embroiled in another ground war and B) maintains respect with both our allies and our rivals.

Highlighting all this has been Obamacare, the signature law of Obama's administration that was designed to fix a broken health care system in the United States.  Even as the Far Right attack it as a "socialist" "failed" program, they refuse to recognize the facts that the law A) is based more on market control of managing health care costs, B) based on REPUBLICAN policy ideas designed to counter Bill Clinton's complex and ill-fated 1993 attempt, and C) nowhere near the truly socialist "universal healthcare" programs that are pretty much used IN EVERY OTHER INDUSTRIALIZED CAPITALIST NATION ON THE PLANET.  There's still a sizable number of leftists out there complaining we should be going to a "Medicare For All" system, fer crissakes...

Indeed, the reason why Obama went with backing the Heritage Foundation's 1993 system of healthcare reform was based on the belief that it was a "centrist" position to take.  Translation: a "centrist" legislative bill is meant to curry support down the middle of both parties for the ones leaning right in the Democrats and those leaning left in the Republicans.  Obama wanted a bill that could pass support from both parties.  Pity was, by this point the Republicans didn't want to support anything that Obama would support. As John Cole notes in his epic one paragraph:

I really don’t understand how bipartisanship is ever going to work when one of the parties is insane. Imagine trying to negotiate an agreement on dinner plans with your date, and you suggest Italian and she states her preference would be a meal of tire rims and anthrax. If you can figure out a way to split the difference there and find a meal you will both enjoy, you can probably figure out how bipartisanship is going to work the next few years.

But in some twisted way, a lot of this plays to Obama's advantages - and strengths.  Because while A-P Presidents tend to be Adaptive, they also tend to be very competitive game-players (SEE Kennedy, Teddy Roosevelt) who relish challenges and better still view such challenges as a long-term, long-developing program.  And the game we're talking here is 3-Dimensional Chess (it helps that Obama is an open Geek.  Want more proof?  The top photo of this Wired article is of Obama wielding a lightsaber...).

Andrew Sullivan started off calling it "the long game," where Obama takes a practical, comprehensive view of the political landscape.  Other commentators refer to the chess-master strategy of playing the whole board, looking not only at the move made now but the moves needed to be made over the next five, ten, twenty moves.

A perfect example of that was Obama's stance on marriage equality for gays.  A major issue for the liberals who championed it, Obama for the most part kept a low profile on the issue and even issuing arguments against it, while the polls showed a slim (but shrinking) majority opposed to marriage equality.  When his Vice President Biden made a public speech claiming the White House would support gay marriage, the Far Right howled in eager response, thinking at last they could hit Obama for being too liberal (and un-Christian to boot).  Obama, however, gazed upon the landscape and saw two things: A) that supporting gay marriage at that moment would galvanize Democratic fund-raising, and B) the advantages of a Presidency's bully pulpit - used brilliantly by other A-Ps like both Roosevelts - meant he could tip the scales to make the nation more supportive of gay rights as well.  Obama came out in support of gay marriage, the nation visibly turned pro-gay (what I prefer to call pro-people), and the Far Right were left standing there going "WTF?"

It even caught Sullivan - who was already viewing Obama as a chessmaster - completely off-guard.  But later on, Sully started calling it something else.  "Meep Meep."

This is in reference to the Road Runner/Wil E. Coyote cartoons where an always moving, always faster road runner keeps running circles around an increasingly frustrated coyote who keeps self-inflicting the worst catastrophes on himself trying to catch/eat the road runner.  It became a near-perfect metaphor for how Obama was getting the modern Republicans to consistently self-destruct chasing after their illusory "Fake Obama" - think Clint Eastwood chiding an empty chair meant to represent Obama but in fact made a lot of commentators laugh their asses off - while he set policy goals in the real world.

Sullivan always seems to be constantly surprised by Obama's game-changing tactics, to which I emailed him about why he needs to read Barber's Presidential Character book to get a better idea about Obama's Active-Positive adaptability.  It was a bit of a thrill to see him post the email, to which I can only hope he's finding the time to read that book.  But my key point remains:

Adaptive A-P Presidents are more keen on compromise than the other three types (Active-Negatives won’t, Passive-Negatives might but would rather let someone else do it, Passive-Positives never want to rock any boat), and are certainly more creative in their solutions and in seeking alternate solutions as well. While the Active-Positive may look like a flip-flopper (especially to the more extremist wing of the president’s party) he’s actually shrewdly calculating the “long game” of getting his enemies to trip over themselves and his allies standing there gawking like they've never seen the Hand of God before.

The only problem with Obama's A-P habits has been the "long game" approach preventing a more proactive, let's-do-something-now approach to policy that would allow him to juggle multiple policy agendas more aggressively.  Some A-P Presidents are able to pursue a variety of issues and reforms and objectives all at once: others are hampered either by a desire to complete one project before starting another, or else hampered by external forces that make it difficult to diversify the administration's focus on multiple needs/wants.

I have to think it's the latter problem that kept Obama from focusing on too many other issues.  Most other Active-Positives able to pursue a broad range of policies - Jefferson, Lincoln, Teddy Roosevelt, FDR, in some respects Kennedy, and I think Fillmore was able as well - did so with political support from a Congress either held by the same party or else amenable to bipartisan deals.  The A-Ps unable to pursue more ambitious agendas - Hayes, Truman, Clinton, Obama - were/are dealing with recalcitrant legislatures that preferred conflict over deals.

It's been a Far Right Congress - first with a Senate bogged down by Cloture rules, then by a GOP-led House - that has prevented Obama from pursuing any stronger, more jobs-oriented stimulus packages to cope with the recession.  It's been a fight - even among Republicans themselves as the party recognizes the need but doesn't have the will - to even get any immigration reform considered by Congress.

In some respects Obama can't pursue a more aggressive agenda that an Active-Positive would like because the political landscape doesn't favor it.  While this kind of gridlock can sometimes help put the brakes on an over-ambitious A-P, there hasn't been any real sign that Obama is that ambitious - to hell with the haters, Obama's not a gun-taking, commie-loving, radical religious nut looking to impose sharia law - and so it's been a long, long administration this nation's been working with.

It's a good thing Obama's good at the long game.  Here's hoping he's got moves for 2014 to break the gridlock, and get some damn economic recovery reforms in place so we can get America back to Good Jobs At Good Wages, dammit.

Meep meep.

Next Up: A Review Of The Reviews.  We Tally Up the Numbers and See What's What.

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