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Renewing Warrantless Eavesdropping Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7181"><span class="small">Glenn Greenwald, Guardian UK</span></a>   
Friday, 28 December 2012 14:23

Greenwald writes: "To this day, many people identify mid-2008 as the time they realized what type of politician Barack Obama actually is."

Democratic Senate Intelligence Committee chair Dianne Feinstein. (photo: J Scott Applewhite/AP)
Democratic Senate Intelligence Committee chair Dianne Feinstein. (photo: J Scott Applewhite/AP)


Renewing Warrantless Eavesdropping

By Glenn Greenwald, Guardian UK

28 December 12

 

he California Democrat's disgusting rhetoric recalls the worst of Dick Cheney while advancing Obama's agenda

To this day, many people identify mid-2008 as the time they realized what type of politician Barack Obama actually is. Six months before, when seeking the Democratic nomination, then-Sen. Obama unambiguously vowed that he would filibuster "any bill" that retroactively immunized the telecom industry for having participated in the illegal Bush NSA warrantless eavesdropping program.

But in July 2008, once he had secured the nomination, a bill came before the Senate that did exactly that - the FISA Amendments Act of 2008 - and Obama not only failed to filibuster as promised, but far worse, he voted against the filibuster brought by other Senators, and then voted in favor of enacting the bill itself. That blatant, unblinking violation of his own clear promise - actively supporting a bill he had sworn months earlier he would block from a vote - caused a serious rift even in the middle of an election year between Obama and his own supporters.

Critically, the FISA Amendments Act of 2008 did much more than shield lawbreaking telecoms from all forms of legal accountability. Jointly written by Dick Cheney and then-Senate Intelligence Committee Chair Jay Rockefeller, it also legalized vast new, sweeping and almost certainly unconstitutional forms of warrantless government eavesdropping.

In doing so, the new 2008 law gutted the 30-year-old FISA statute that had been enacted to prevent the decades of severe spying abuses discovered by the mid-1970s Church Committee: by simply barring the government from eavesdropping on the communications of Americans without first obtaining a warrant from a court. Worst of all, the 2008 law legalized most of what Democrats had spent years pretending was such a scandal: the NSA warrantless eavesdropping program secretly implemented by George Bush after the 9/11 attack. In other words, the warrantless eavesdropping "scandal" that led to a Pulitzer Prize for the New York Times reporters who revealed it ended not with investigations or prosecutions for those who illegally spied on Americans, but with the Congressional GOP joining with key Democrats (including Obama) to legalize most of what Bush and Cheney had done. Ever since, the Obama DOJ has invoked secrecy and standing doctrines to prevent any courts from ruling on whether the warrantless eavesdropping powers granted by the 2008 law violate the Constitution.

The 2008 FISA law provided that it would expire in four years unless renewed. Yesterday, the Senate debated its renewal. Several Senators - Democrats Jeff Merkley and Ron Wyden of Oregon along with Kentucky GOP Senator Rand Paul - each attempted to attach amendments to the law simply to provide some modest amounts of transparency and oversight to ensure that the government's warrantless eavesdropping powers were constrained and checked from abuse.

Just consider how modest these amendments were. Along with Democratic Sen. Mark Udall of Colorado, Sen. Wyden has spent two years warning Americans that the government's eavesdropping powers are being interpreted (by secret court decisions and the Executive Branch) far more broadly than they would ever suspect, and that, as a result, these eavesdropping powers are being applied far more invasively and extensively than is commonly understood.

As a result, Wyden yesterday had two amendments: one that would simply require the NSA to give a general estimate of how many Americans are having their communications intercepted under this law (information the NSA has steadfastly refused to provide), and another which would state that the NSA is barred from eavesdropping on Americans on US soil without a warrant. Merkley's amendment would compel the public release of secret judicial rulings from the FISA court which purport to interpret the scope of the eavesdropping law on the ground that "secret law is inconsistent with democratic governance"; the Obama administration has refused to release a single such opinion even though the court, "on at least one occasion", found that the government was violating the Fourth Amendment in how it was using the law to eavesdrop on Americans.

But the Obama White House opposed all amendments, demanding a "clean" renewal of the law without any oversight or transparency reforms. Earlier this month, the GOP-led House complied by passing a reform-free version of the law's renewal, and sent the bill Obama wanted to the Senate, where it was debated yesterday afternoon.

The Democratic Chair of the Senate Intelligence Committee, Dianne Feinstein, took the lead in attacking Wyden, Merkley, Udall and Paul with the most foul Cheneyite accusations, and demanded renewal of the FISA law without any reforms. And then predictably, in virtually identical 37-54 votes, Feinstein and her conservative-Democratic comrades joined with virtually the entire GOP caucus (except for three Senators: Paul, Mike Lee and Dean Heller) to reject each one of the proposed amendments and thus give Obama exactly what he demanded: reform-free renewal of the law (while a few Democratic Senators have displayed genuine, sustained commitment to these issues, most Democrats who voted against FISA renewal yesterday did so symbolically and half-heartedly, knowing and not caring that they would lose as evidenced by the lack of an attempted filibuster).

In other words, Obama successfully relied on Senate Republicans (the ones his supporters depict as the Root of All Evil) along with a dozen of the most militaristic Democrats to ensure that he can continue to eavesdrop on Americans without any warrants, transparency or real oversight. That's the standard coalition that has spent the last four years extending Bush/Cheney theories, eroding core liberties and entrenching endless militarism: Obama + the GOP caucus + Feinstein-type Democrats. As Michelle Richardson, the ACLU's legislative counsel, put it to the Huffington Post: "I bet [Bush] is laughing his ass off."

But what's most remarkable here is not so much what happened but how it happened. When Obama voted in 2008 to massively increase the government's warrantless eavesdropping powers, I so vividly recall his supporters insisting that he was only doing this because he wanted to win the election, and then would get into power and fix these abuses by reversing them. Yes, there were actually large numbers of people who believed this. And they were encouraged to believe this by Obama himself, who, in explaining his 2008 vote, said things like this:

"I know that the FISA bill that passed the House is far from perfect. I wouldn't have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush's abuse of executive power. . . .

I do so [vote for the FISA bill] with the firm intention - once I'm sworn in as president - to have my Attorney General conduct a comprehensive review of all our surveillance programs, and to make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future."

Needless to say, none of that ever happened. Now, the warrantless eavesdropping bill that Obama insisted was plagued by numerous imperfections is one that he is demanding be renewed without a single change. Last week, Marcy Wheeler documented the huge gap between (a) what Obama vowed he would do when he voted for this law in 2008 versus (b) what he has actually done in power (they're opposites).

Indeed, when it came time last year to vote on renewal of the Patriot Act - remember how Democrats used to pretend during the Bush years to find the Patriot Act so alarming? - the Obama administration also demanded its renewal without a single reform. When a handful of Senators led by Rand Paul nonetheless proposed modest amendments to eliminate some of the documented abuses of the Patriot Act, Democratic majority leader Harry Reid did his best Dick Cheney impression by accusing these disobedient lawmakers of risking a Terrorist attack by delaying renewal:

"When the clock strikes midnight tomorrow, we will be giving terrorists the opportunity to plot against our country undetected. The senator from Kentucky is threatening to take away the best tools we have for stopping them.

"We all remember the tragic Fort Hood shootings less than two years ago. Radicalized American terrorists bought guns and used them to kill 13 civilians [by "civilians", Reid means: members of the US military]. It is hard to imagine why the senator would want to hold up the Patriot Act for a misguided amendment that would make American less safe."

In other words: if you even try to debate the Patriot Act or add any amendments to it, then you are helping the Terrorists: classic Dick Cheney. (Democratic Sen. Udall defended Paul from Reid's disgusting attack: "This is not a Patriot Act. Patriots stand up for the Constitution. Patriots stand up for freedom and liberty that's embodied in the Constitution. And I think true patriots, when they're public servants, public servants stand up and do what's right, even if it's unpopular").

Yesterday, I watched as Dianne Feinstein went well beyond Harry Reid's disgusting Cheneyite display. Feinstein is one of the Senate's richest plutocrats, whose husband, Richard Blum, has coincidentally been quite enriched by military and other government contracts during her Senate career. During this time, Feinstein has acted as the most faithful servant in the Senate of the National Security State's unchecked, authoritarian power.

Yesterday, Feinstein stood up on the Senate floor and began by heaping praise on her GOP comrade, Sen. Saxby Chambliss of Georgia, for leading his caucus to join her in renewing the FISA act without any reforms. She then unleashed a vile attack on her Democratic colleagues - Wyden, Merkley, and Udall, along with Paul - in which she repeatedly accused them of trying to make the nation vulnerable to a Terrorist attack.

Feinstein insisted that one could support their amendments only if "you believe that no one is going to attack us". She warned that their amendments would cause "another 9/11". She rambled about Najibullah Zazi and his attempt to detonate a bomb on the New York City subway: as though a warrant requirement, let alone disclosure requirements for the eavesdropping program, would have prevented his detection. Having learned so well from Rudy Giuliani (and Harry Reid), she basically just screamed "Terrorist!" and "9/11" over and over until her time ran out, and then proudly sat down as though she had mounted rational arguments against the transparency and oversight amendments advocated by Wyden, Merkley, Udall and Paul.

Even more notably, Feinstein repeatedly argued that requiring even basic disclosure about the eavesdropping program - such as telling Americans how many of them are targeted by it - would, as she put it, "destroy the program". But if "the program" is being conducted properly and lawfully, why would that kind of transparency kill the program? As the ACLU's Richardson noted: "That Sen. Feinstein says public oversight will lead to the end of the program says a lot about the info that's being hidden." In response to her warnings that basic oversight and transparency would destroy the program, Mother Jones' Adam Serwer similarly asked: "Why, if it's all on the up and up?"

All of this was accomplished with the core Bush/Cheney tactic used over and over: they purposely waited until days before the law is set to expire to vote on its renewal, then told anyone who wants reforms that there is no time to consider them, and that anyone who attempted debate would cause the law to expire and risk a Terrorist attack. Over and over yesterday, Feinstein stressed that only "four days remained" before the law expires and that any attempts even to debate the law, let alone amend it, would leave the nation vulnerable.

It's hard to put into words just how extreme was Feinstein's day-long fear-mongering tirade. "I've never seen a Congressional member argue so strongly against Executive Branch oversight as Sen. Feinstein did today re the FISA law," said Micah Zenko of the Council on Foreign Relations. Referring to Feinstein's alternating denials and justifications for warrantless eavesdropping on Americans, the ACLU's Jameel Jaffer observed: "This FISA debate reminds of the torture debate circa 2004: We don't torture! And anyway, we have to torture, we don't have any choice."

Jaffer added that Feinstein's strident denials that secret warrantless eavesdropping poses any dangers "almost makes you nostalgic for Ashcroft's 'phantoms of lost liberty' speech" - referring to the infamous 2001 decree from Bush's Attorney General:

"To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists for they erode our unity and diminish our resolve. They give ammunition to America's enemies and pause to America's friends."

That is exactly the foul message which Dianne Feinstein, doing the bidding of the Obama White House, spewed at her liberal Senate colleagues (and a tiny handful of Republicans) for the crime of wanting to bring some marginal transparency and oversight to the warrantless eavesdropping powers with which Obama vested himself when voting in 2008 for that FISA law. As it turns out, Yale Law Professor Jack Balkin had it exactly right in mid-2008 when explaining - in the face of lots of progressive confusion and even anger - why Obama decided to support a FISA bill that vested the executive with massive unchecked eavesdroppoing power: namely, Obama "plans to be the executive", so "from Obama's perspective, what's not to like?"

Just four or five years ago, objections to warrantless eavesdropping were a prime grievance of Democrats against Bush. The controversies that arose from it were protracted, intense, and often ugly. Progressives loved to depict themselves as stalwartly opposing right-wing radicalism in defense of Our Values and the Constitution.

Fast forward to 2012 and all of that, literally, has changed. Now it's a Democratic President demanding reform-free renewal of his warrantless eavesdropping powers. He joins with the Republican Party to codify them. A beloved Democratic Senator from a solidly blue state leads the fear-mongering campaign and Terrorist-enabling slurs against anyone who opposes it. And it now all happens with virtually no media attention or controversy because the two parties collaborate so harmoniously to make it happen. And thus does a core guarantee of the founding - the search warrant requirement of the Fourth Amendment - blissfully disappear into nothingness.

Here we find yet again a defining attribute of the Obama legacy: the transformation of what was until recently a symbol of right-wing radicalism - warrantless eavesdropping - into meekly accepted bipartisan consensus. But it's not just the policies that are so transformed but the mentality and rhetoric that accompanies them: anyone who stands in the way of the US Government's demands for unaccountable, secret power is helping the Terrorists. "The administration has decided the program should be classified", decreed Feinstein, and that is that.

In 2005, the Bush White House invoked the "very bad guy" defense to assure us that we need not worry about the administration's secret warrantless eavesdropping program; as a Bush White House spokesman put it:

"This is a limited program. This is not about monitoring phone calls designed to arrange Little League practice or what to bring to a potluck dinner. These are designed to monitor calls from very bad people to very bad people who have a history of blowing up commuter trains, weddings and churches."

In 1968, Nixon Attorney General John Mitchell similarly told the public in the face of rising concerns over government eavesdropping powers that "any citizen of this United States who is not involved in some illegal activity has nothing to fear whatsoever." That is the noble tradition which the Obama White House, Dianne Feinstein and their GOP partners are continuing now.

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FOCUS | Deprogramming Progressives Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=18866"><span class="small">William K. Black, Reader Supported News</span></a>   
Friday, 28 December 2012 13:15

Black writes: "A little bit of economics can be a truly terrible thing, for the introductory classes in micro and macro-economics are the most dogmatic and myth-filled part of the neoliberal curriculum."

William K. Black; lawyer, author and professor at the University of Missouri Kansas City. (photo: unknown)
William K. Black; lawyer, author and professor at the University of Missouri Kansas City. (photo: unknown)


Deprogramming Progressives

By William K. Black, Reader Supported News

28 December 12

 

little bit of economics can be a truly terrible thing, for the introductory classes in micro and macro-economics are the most dogmatic and myth-filled part of the neoliberal curriculum. Dogmas that have been falsified for 75 years (such as austerity) are taught as revealed truth. The poor indoctrinated student is then launched into the world "knowing" that austerity is the answer and that mass unemployment and prolonged recessions are small prices to be paid (by others) to achieve the holy grail of a balanced budget. Students are taught that national budgets are really just like household budgets.

These dogmas are not simply false, they are self-destructive and cruel. Neoliberal economics is so bad and has gone downhill at such a rapid rate that it now worships the economic analog to bleeding patients -- austerity -- as a response to a Great Recession. Millions of people are indoctrinated annually into believing this long-falsified nonsense, and that includes people who consider themselves progressives.

The remarkable aspect of neoliberal economics is that the power of its myth has survived for many progressives even after its failed dogmas caused massive economic destruction, massive elite fraud with impunity, and crony capitalism so corrupt that it cripples democracy. Indeed, the brainwashing they received is so effective that even after the eurozone ran a massive experiment with austerity that proved (again) to be a catastrophic failure they remain neo-liberal acolytes. This column discusses three examples that exemplify the problem.

The Guardian (U.K.)

The Guardian is the U.K.'s most famous paper of the left, but its finance editor's embrace of the neoliberal austerity myth is passionate and inane. Consider this remarkably incoherent discussion of the "fiscal cliff" by the paper's finance editor.

"The fiscal cliff explained: what to know about the biggest story in Washington

Is America really heading off a cliff? Why can't Congress and the president strike a deal? Get the lowdown with our handy primer."

I chose the Guardian's coverage as the first example because it begins with the most basic and common neoliberal myth supporting austerity: a nation with a sovereign currency is really just like a household.

"So let's start at the beginning: what is the fiscal cliff?

It's not one cliff, but two things: a group of spending cuts and tax hikes that will come into effect on January 2.

Why now?

The US has about $2.3tn of money coming in, and it spends about $3.6tn. So imagine you were making $23,000 a year and spending $36,000. What would happen? You'd be in debt, and you'd have to cut your spending. The US is in the same pickle. Except, instead of a few thousand, it has to cut $1.3tn."

The U.K. did not adopt the euro, so it retains a sovereign currency. The U.K. allows the value of the Pound to float freely and it borrows overwhelmingly in its own currency. The Guardian, therefore, has no excuse for failing to understand a national economy like the U.S. that also has a sovereign currency. A nation that borrows in its own freely-floating sovereign currency is not a target for bond vigilantes. It can and should spend considerably more than it brings in through tax revenues in response to a recession. That is what "automatic stabilizers" do. Automatic stabilizers greatly reduce the severity and length of recessions. Austerity does the opposite. Nations with sovereign currencies can create money directly through key strokes on the central bank's computer or by borrowing at exceptionally low interest rates during a recession. The U.S., the U.K., and Japan all borrow long-term (10 years) at interest rates below two percent because they have sovereign currencies. Nations with sovereign currencies typically run budget deficits in most years. The U.S. has run a budget deficit over the great bulk of its history.

If a household reduces its spending because its income falls during a recession there is a negligible effect on the Nation's economy. If a national government cuts spending because a recession reduces its income it directly reduces public sector demand and indirectly reduces private sector demand. A recession occurs when demand is seriously inadequate. Governmental austerity inflicts a far more severe recession on the nation by further reducing demand. A household and a Nation should follow the opposite strategy when their incomes fall sharply. The Guardian's claim that they should follow the same strategy shows their indoctrination into one of neoliberalism's most destructive myths. The fact that the Guardian is making this claim in December 2012, after seeing the recession that austerity inflicted on the eurozone, proves that the problem is dogma, for only dogma is impervious to facts that repeatedly falsify its predictions.

The Guardian, of course, knows that the eurozone has been forced back into recession by the "troika's" policies, but it reverses the causality. Here is a related piece by the same finance editor about the world's reaction to the failure to reach a deal on the "fiscal cliff."

"Q: What does the rest of the world think of this?

They think we're ridiculous, and that we're playing fast and loose with not just our own economy, but that of the world. IMF chief Christine Lagarde said the US is becoming its own worst enemy by delaying a decision. Still, this is a case of pots and kettles. It's not like Europe can really look down on us: they've been delaying the same hard decisions on spending cuts for over three years and have been on the brink of a meltdown many times since. Should we be smart enough to look at their example and avoid the same troubles? Yes, technically. But this is the nature of negotiations: they go down to the wire."

The Guardian's remarkable explanation of why the eurozone has been forced back into recession is: insufficient and delayed austerity! If only the eurozone had made promptly made deeper "spending cuts" things would have been much better. That "logic" comes from assuming that nations are just like households. The Guardian's answer to the fact that bleeding the patient makes the patient weaker is to bleed them more, and faster.

Note that the Guardian's finance editor also seems to believe that sovereign monetary systems like the U.S. and the U.K. suffer the same risk of "meltdown" that nations that abandoned their sovereign currencies because they adopted the euro experienced "many times." The "meltdowns" that the eurozone nations have suffered "many times" because of the deadly vulnerability of nations that lack a sovereign currency to the toxic mix of recession, austerity, and the debt vigilantes. The Guardian's finance expert's failure to understand such fundamental and critically important features of the financial system is a testament to the danger of dogma.

The U.S. has "avoid[ed] the same troubles" as the eurozone following the Great Recession. It has not suffered financial "meltdowns" "many times." It has not been thrown back into recession and it does not suffer Great Depression levels of unemployment. The U.S. budgetary deficit has been reduced at a record rate over the last three years. The U.S. has been able to "avoid the same troubles" as the eurozone because it has not embraced the austerity dogma and it has not given up its sovereign currency. The U.S. did not provide remotely adequate stimulus of the kind recommended by competent economists, but the modest stimulus has been sufficient to produce a modest, sustained recovery. The Guardian, however, implies that we have failed to avoid the eurozone's troubles after the onset of the Great Recession.

Governor Howard Dean

Governor Dean served as Chairman of the Democratic National Committee from 2005-2009. He was an early opponent of the invasion of Iraq. His self-description is "progressive Democrat." He is a physician. Dean is a frequent guest on MSNBC's evening programs. Dean takes the position that the U.S. should go off the "fiscal cliff" because austerity is desirable. He claims that a "balanced budget" is essential and that "everybody" should pay higher taxes to balance the budget. He thinks, contrary to the history of the U.S., that no nation can continue to run deficits.

On CNBC, Dean cheered for the austerity that the "fiscal cliff" would inflict on the nation. He did so even though he believed it would cause a recession for at least six months. He predicted that the recession would be short and mild and a small cost to reduce the deficit. He assumed that austerity would reduce the deficit even though he conceded it would cause a recession.

Dean, a self-described progressive, and one of the nation's most prominent Democrats, is more dogmatic than Speaker Boehner on austerity.

Andrew Stern (former head of SEIU)

Andrew Stern headed one of the largest unions in America. He made it a growing union and a political force devoted to progressive causes. He was a member of the Bowles-Simpson (BS) deficit reduction commission appointed by President Obama. Obama appointed co-chairs he knew were zealous supporters of austerity and unraveling and privatizing the safety net. Erskine Bowles is a leader of the Wall Street wing of the Democratic Party and Alan Simpson is a very conservative Republican. Stern declined to vote in favor of the BS austerity recommendations, but his vote was not based on any rejection of austerity.

"Why I Voted No On Simpson-Bowles

On December 3, 2010, I voted "no" on the Simpson-Bowles report presented to the National Commission on Fiscal Responsibility and Reform. Here is what I had to say about it at the time:

This Commission report also challenges our President to offer his plan for economic growth, and fiscal responsibility no later than his State of the Union, and challenges Congress to adopt a plan no later than Election Day 2012.

I voted no, despite my admiration for the effort, because any plan, I feel strongly, must tackle both our fiscal and investment deficit needed to create jobs and a dynamic economy. No family would willfully balance its budget by not sending their child to college. No business can successfully compete with outdated equipment. And no nation can simply cut its way into prosperity. I felt the plan should better balance revenues and spending cuts, could balance Social Security while preserving more benefits, made too many short term cuts in health care before full reform was implemented in 2018, and did not have shared corporate responsibility."

Stern now says that he regrets voting against the BS recommendations.

He pushed for the "Super Committee" to "go big" and adopt massive austerity before it statutory deadline in November 2011.

Stern's co-panelists at the conference, organized by one of Pete Peterson's groups, whose participants unanimously urged the "go big" super-austerity plan included the former CEO of the AARP, Bill Novelli. Novelli's support for austerity is particularly noteworthy given the BS plan's proposals to cut and begin to privatize Social Security -- Wall Street's unholy Grail.

Conclusion

Neoliberal economics has devastated the global economy and produced all of the predictive failures and evil consequences that progressives have long attributed to its micro-economic myths. Far too many progressives, however, continue to believe the similarly mythical and self-destructive macro-economic myths about deficits, debt, and austerity. It is hard enough countering Pete Peterson's billion dollar campaign to inflict austerity and unravel and privatize the safety net. Peterson funds myriad front groups. We also have to counter the Wall Street wing of the Democratic Party, which dominates Treasury, OMB, the Justice Department, and the office of the Chief of Staff and favors austerity and unraveling the safety net. We should not have to deprogram progressives indoctrinated into repeating neoliberal economic dogmas.

Progressives should be able to observe that the neoliberal macro-economic predictions have been consistently falsified by reality. They should have seen documentaries like Inside Job and Capitalism: A Love Story about the catastrophic failure of neoliberal economics and economists. They should read sites like New Economic Perspectives and Paul Krugman's columns that explain why austerity is self-destructive and why the safety net need not, and should not, be attacked. Progressives need to say "no" to anyone who wants to "bleed" the economy through austerity or cutting the safety net.

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Why Republicans Don't Care What the Nation Thinks Print
Friday, 28 December 2012 09:03

Reich writes: "Are House Republicans - now summoned back to Washington by Speaker John Boehner - about to succumb to public pressure and save the nation from the fiscal cliff? Don't bet on it."

Portrait, Robert Reich, 08/16/09. (photo: Perian Flaherty)
Portrait, Robert Reich, 08/16/09. (photo: Perian Flaherty)


Why Republicans Don't Care What the Nation Thinks

By Robert Reich, Robert Reich's Blog

28 December 12

 

re House Republicans - now summoned back to Washington by Speaker John Boehner - about to succumb to public pressure and save the nation from the fiscal cliff?

Don't bet on it.

Even if Senate Minority Leader Mitch McConnell cooperates by not mounting a filibuster and allows the Senate to pass a bill extending the Bush tax cuts to the first $250,000 of everyone's income, Boehner may not bring it to the House floor.

On a Thursday conference call with House Republicans he assured conservatives he was "not interested" in allowing such a vote if most House Republicans would reject the bill, according to a source on the call.

Democrats are confident that even if the nation technically goes over the cliff January 1, Boehner will bring such a bill to the floor soon after January 3 - once House Republicans have re-elected him Speaker - and it will get passed.

But this assumes Boehner and the GOP will be any more swayed by public opinion than they are now.

Public opinion is already running strongly in favor of President Obama and the Democrats, and against the GOP. In the latest CNN/ORC poll, 48 percent say they'll blame Republicans if no deal is reached while 37 percent blame Obama. Confidence in congressional Republicans is hovering at about 30 percent; Obama is enjoying the confidence of 46 percent. And over half of all Americans think the GOP is too extreme.

Yet Republicans haven't budged. The fact is, they may not care a hoot about the opinions of most Americans.

That's because the national party is in disarray. Boehner isn't worried about a challenge to his leadership; no challenger has emerged. The real issue is neither he nor anyone else is in charge of the GOP. Romney's loss, along with the erosion of their majority in the House and Democratic gains in the Senate, has left a vacuum at the top.

House Republicans don't run nationally. They run only in their own districts - which, because of gerrymandering, are growing even more purely Republican. Their major concern is being reelected in 2014, and their biggest potential obstacle in their way is a primary challenge from the right.

The combination of a weakened national party and more intense competition in primaries is making the Republican Party relatively impervious to national opinion.

This poses a large strategic problem for the Democrats. It could be an even bigger problem for the nation.



Robert B. Reich, Chancellor's Professor of Public Policy at the University of California at Berkeley, was Secretary of Labor in the Clinton administration. Time Magazine named him one of the ten most effective cabinet secretaries of the last century. He has written thirteen books, including the best sellers "Aftershock" and "The Work of Nations." His latest is an e-book, "Beyond Outrage." He is also a founding editor of the American Prospect magazine and chairman of Common Cause.

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Legislation Constipation Print
Thursday, 27 December 2012 13:46

Grayson writes: "We're going to need some kind of patch to get through this. But I hope that the Powers That Be learn from this mistake."

President Obama and House Speaker John Boehner. (photo: Saul Loeb/AFP/Getty Images)
President Obama and House Speaker John Boehner. (photo: Saul Loeb/AFP/Getty Images)


Legislation Constipation

By Alan Grayson, Reader Supported News

27 December 12

 

ere are what I modestly and humbly refer to as "Grayson's Laws of Legislating":

1) Vote for what you're in favor of.

2) Vote for what you can live with, if you must do that to get what you need.

What we've been seeing in the House of Representatives lately has been a series of massive and pervasive violations of Grayson's Laws of Legislating. Instead of "I'll vote for X because it's right," or "You don't like X and I don't like Y, but I'll vote for X and Y if you vote for X and Y," it's "If I don't get Z, I ain't votin' on nothin'." And that's the problem.

Let's take one very pertinent example: the impeding tax increases on taxpayers making less than $250,000 a year. I don't know a single member of the House, Democratic or Republican, who has said on the record that he or she is in favor of raising taxes, starting next Tuesday, on taxpayers making less than $250,000 a year. Let's suppose that you crafted a one-sentence bill reading as follows: "There shall be no income tax rate increases for the 2013 tax year on taxpayers making less than $250,000 a year." Let's suppose that you then administered sodium pentothal (truth serum) to every member of Congress. Let's suppose that you then had a vote on that bill. Obviously, it would pass the House by 435 to 0, or something close to that. Followed immediately by unanimous passage by the Senate, and the president's signature.

(Here is another entertaining thought experiment: Just for fun, administer sodium pentothol to Rush Limbaugh, too. You'd have three hours of total silence on the airwaves.)

So anyway, in the case of "no income tax rate increases for everyone but the rich," Grayson's First Law of Legislating is sufficient. Everyone's in favor of it, so everyone votes for it. Done.

It turns out that many, many components of the so-called "fiscal cliff" could be resolved quite simply by applying Grayson's First Law of Legislating. I think it's fair to say that a majority of the members of Congress, right or wrong, are in favor of raising the debt ceiling before the government's borrowing capacity is exhausted. I think it's fair to say that a majority of the members of Congress, right or wrong, are against a 27 percent cut in Medicare payments to doctors, starting next week. I think it's fair to say that a majority of the members of Congress, right or wrong, are against an 8 percent cut in air traffic control on Jan. 1. If you had single votes, up or down, on 90 percent of the components of the "fiscal cliff," the outcome would not be in doubt.

And as for the remaining 10 percent, then you've got Grayson's Second Law of Legislating to apply. I really, really don't want to see unemployment insurance benefits cut off for millions of unemployed workers, seven days after Christmas. Maybe Rep. Skullinrear (R-Tea Party) doesn't care. But Rep. Skullinrear really, really doesn't want to see a 12 percent cut in defense spending from sequestration next week. I may not share Rep. Skullinrear's morbid preoccupation with blowing stuff up. Nevertheless, his morbid preoccupation with blowing stuff up, together with my odd aversion to seeing families living in cars, gives the two of us something to talk about.

Mick Jagger, that eminent political scholar, had it all figured out more than 40 years ago. You can't always get what you want. But if you try sometimes, you just might find -- you just might find -- that you get what you need.

But in the House, that's not what we're seeing at all. Instead, we see what might be called the "Young John McCain" Law of Legislating. Senator John McCain has written that when he was a toddler, he sometimes got so furious that he held his breath until he passed out.

Now John Boehner is doing it. Boehner is holding his breath until America passes out.

It's been 10 months since the chairman of the Federal Reserve Board coined the term "fiscal cliff" when he called attention to the "massive fiscal cliff of large spending cuts and tax increases" that will go into effect less than a week from now. Ten months. But in all of that time, there has been nothing in the Republican-controlled House of Representatives even remotely resembling a line-by-line vote on whether each one of those spending cuts and tax increases, individually, is good or bad. Just John Boehner holding his breath until the Democrats "agree" to extending tax breaks for the rich, and cutting Social Security and Medicare benefits.

It's the worst case of legislation constipation that I've ever seen. But that's what happens -- what ought to happen -- when the folks in charge say over and over again, "I'm in favor of X, but I won't vote for X, or even allow a vote for X, unless I get Y."

We're going to need some kind of patch to get through this. But I hope that the Powers That Be learn from this mistake. Slice it all into little pieces, and then vote each piece up or down. It works. And it's a lot more practical than hoping that John Boehner, or Barack Obama, pulls a rabbit out of his hat.

Courage,

Alan Grayson

Oh, you can't always get what you want.
Oh, you can't always get what you want.
Oh, you can't always get what you want.
But if you try sometimes,
You just might find, you just might find,
You get what you need.

- The Rolling Stones, "You Can't Always Get What You Want" (1969).



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Obama Should Listen to Obama Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=18866"><span class="small">William K. Black, Reader Supported News</span></a>   
Thursday, 27 December 2012 13:44

Black writes: "Austerity is the weapon that is about to inflict the self-inflicted wounds on our nation. The fiscal cliff is the ammunition about to be used to inflict austerity on the nation."

President Barack Obama speaks at a campaign rally in Fayetteville, North Carolina 10/19/08. (photo: Jim Young/Reuters)
President Barack Obama speaks at a campaign rally in Fayetteville, North Carolina 10/19/08. (photo: Jim Young/Reuters)


Obama Should Listen to Obama

By William K. Black, Reader Supported News

27 December 12

 

n Friday, December 21, 2012, President Obama announced:

"As of today I am still ready and willing to get a comprehensive package done," Obama said, specifically urging lawmakers to craft a deal that would protect middle-class Americans from a tax hike set to be implemented if no deal is met.

Obama said he spoke with GOP House Speaker John Boehner and Senate Majority Leader Harry Reid (D-Nev.) Friday, asking the congressional leaders to come up with a smaller fiscal package in the next 10 days.

"Now is not the time for more self-inflicted wounds, certainly not coming from Washington," Obama said.

What is the "self-inflicted wound" that Obama warns us we must avoid?

According to the AP, "'Everybody's got to give a little bit in a sensible way' to prevent the economy from pitching over a recession-threatening fiscal cliff, he said."

Austerity is the weapon that is about to inflict the self-inflicted wounds on our nation. The fiscal cliff is the ammunition about to be used to inflict austerity on the nation. One of the wounds is a recession, which would increase unemployment and the federal budget deficit. The other terrible wounds are cuts to social programs and the safety net that would add greatly to human misery.

Reporters need to ask Obama two series of questions. Who insisted on creating the fiscal cliff, threatened Republicans in Fall 2011 when they wanted to eliminate or reduce it, and after the "failure" of the November 2011 "super committee" to reach a deal to inflict even greater austerity on the nation, made a veto threat to block a Republican proposal to eliminate or delay the fiscal cliff? The answer is: Obama. "The White House wanted a 'trigger' that would automatically raise taxes on the wealthy and cut health spending, an idea the Republicans opposed." Obama's "trigger" became the "fiscal cliff." I have explained how he then kept the "fiscal cliff" alive by blocking Republican efforts to eliminate or delay it.

Obama's driving role in creating and maintaining the "fiscal cliff" makes his warning of the necessity of avoiding "self-inflicted wounds" (recession by austerity) imposed by the fiscal cliff another proof of our family rule that it is impossible to compete with unintentional self-parody. We need to convince Obama to follow his own advice and eliminate the self-inflicted wound (recession) by eliminating, not delaying, the fiscal cliff and safeguarding the safety net.

The second question Obama should be asked is: given your warning that the fiscal cliff's austerity would cause a recession, why are you demanding a Grand Bargain (sic, actually the Grand Betrayal) that would inflict austerity for a decade and likely cause multiple recessions and larger deficits?

Consider the incoherence of Obama's statement: "'Everybody's got to give a little bit in a sensible way' to prevent the economy from pitching over a recession-threatening fiscal cliff, he said." That statement makes no sense. Austerity is the problem. Obama and the Republicans agree that it is a self-destructive policy that would cause a recession, just as it did in the eurozone. The solution is (1) not to raise overall taxes and (2) not to cut overall spending.

Obama, however, immediately after warning that it is essential to prevent the "fiscal cliff's" austerity from causing the "self-inflicted wound" of a recession, calls for austerity. He wants a Grand Betrayal that (net) raises taxes, cuts social spending and cuts the safety net. The Democrats are supposed to "give a little bit" by making roughly a trillion dollars in cuts in social programs and the safety net and the Republicans are supposed to "give a little bit" by allowing roughly a half trillion dollars in "revenue enhancements." Obama's austerity policy is so incoherent that in the same sentence he says that austerity (in the form of the fiscal cliff) must be prevented because it would cause a recession -- and that the nation must embrace austerity not only today but for at least a decade. An austerity deal of that nature and length cannot be "sensible." It would force us back into a recession and could cause or deepen several recessions. We need to stop Obama and the Republicans from causing the "self-inflicted wounds" of the "fiscal cliff" and the Grand Betrayal.



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