The Commentariat -- June 2, 2015
All internal links removed.
NEW. Sam Borden of the New York Times: "Sepp Blatter said Tuesday that he would resign from the presidency of FIFA, the international governing body of soccer, in the wake of a corruption inquiry, an extraordinary turn just four days after he was re-elected and defiantly insisted that he was blameless and committed to cleaning up the organization. Mr. Blatter, 79, said he would ask FIFA to schedule a new election for his replacement as soon as possible. The next FIFA congress is scheduled to meet in May 2016, but he acknowledged that the organization could not wait that long for new leadership given the current situation."
NEW. Mike DeBonis & Ellen Nakashima of the Washington Post: "The Senate advanced a sweeping remake of U.S. surveillance powers Tuesday, two days after an internal split among Republicans caused the legal authority for key counterterrorism programs to temporarily expire. By a vote of 83 to 14, the measure cleared a crucial procedural hurdle, as senators acted to close debate on the USA Freedom Act, a House-passed bill that would end the National Security Agency's practice of collecting troves of call data from telephone companies.... Depending on the amendment votes and procedural maneuvers, the bill could be signed into law as soon as Tuesday night."
NEW. Jerry Hirsch of the Los Angeles Times: "Elon Musk says his companies don't need the estimated $4.9 billion they enjoy in government support, but the money will help them move faster to transform the dirty business of energy. 'If I cared about subsidies, I would have entered the oil and gas industry,' said Musk, the chief executive of Tesla Motors and SpaceX and the chairman of SolarCity. Musk's remarks came in response to a Times story detailing his corporate strategy of incubating high-risk, high-tech companies with government money -- estimating the total received or pledged so far at $4.9 billion, a figure Musk did not dispute."
Adam Liptak of the New York Times: "The Supreme Court on Monday revived an employment discrimination lawsuit against Abercrombie & Fitch, which had refused to hire a Muslim woman because she wore a head scarf. The company said the scarf clashed with its dress code, which called for a 'classic East Coast collegiate style.' 'This is really easy,' Justice Antonin Scalia said in announcing the decision from the bench. The company, he said, at least suspected that the applicant, Samantha Elauf, wore the head scarf for religious reasons. The company's decision not to hire her, Justice Scalia said, was motivated by a desire to avoid accommodating her religious practice. That was enough, he concluded, to allow her to sue under a federal employment discrimination law. The vote was 8 to 1, with Justice Clarence Thomas dissenting.... In dissent, Justice Thomas wrote that the company's dress code was a neutral policy that could not be the basis for a discrimination lawsuit."
... The Washington Post story, by Robert Barnes, is here. ...
... CW: I'm just glad Scalia recognizes non-Christian practices. In the past, he has argued that the cross stands for people of all religions & has ridiculed the idea that it does not.
Adam Liptak: "The Supreme Court on Monday made it harder to prosecute people for threats made on Facebook and other social media, reversing the conviction of a Pennsylvania man who directed brutally violent language against his estranged wife. Chief Justice John G. Roberts Jr., writing for the majority, said prosecutors must do more than prove that reasonable people would view statements as threats. The defendant's state of mind matters, the chief justice wrote, though he declined to say just where the legal line is drawn. Chief Justice Roberts wrote for seven justices, grounding his opinion in criminal-law principles concerning intent rather than the First Amendment's protection of free speech." ...
... Robert Barnes' story is here.
Peter Sullivan of the Hill: "A federal judge who is hearing a lawsuit from House Republicans against President Obama is requesting more information about a funding dispute at the center of the case.... Judge Rosemary Collyer, an appointee of former President George W. Bush..., appeared skeptical last week of the administration's request to dismiss the lawsuit.... The administration last week asked Collyer to dismiss the lawsuit ... argu[ing] the House lacked standing, meaning there is no particular harm to the House and the body is, therefore, ineligible to bring the suit. But Collyer ... indicat[ed] that there could be harm to the House if the administration had ignored its funding decisions."
Annals of "Justice," Ctd. Mona Lynch in a New York Times op-ed: "For decades, our federal court system has been quietly perpetrating some of the deepest injustices in the name of the war on drugs.... We must rein in these practices if we are to reshape our country's criminal justice system for the 21st century.... Data also indicate that mandatory minimums and enhancements ... have been disproportionately used against black defendants." See also the story of Lester Bower under Beyond the Beltway.
Tierney Sneed of TPM profiles Edward Blum, the man behind the Supreme Court case that could change one-person-one-vote to one-voter-one-vote.
The Guardian is liveblogging today's Senate debate on the USA Freedom Act. ...
... Mitch's Latest Game Plan. Dustin Volz of the National Journal: Rand Paul "won't be scoring votes on the surveillance amendments he so desperately wanted. But Mitch McConnell will.... The majority leader came to the floor late Sunday evening — after most senators had gone home for the night -- to offer a handful of amendments to the surveillance-reform bill known as the USA Freedom Act. The measure would revive the Patriot Act's dead authorities but reform its most controversial one, Section 215, to effectively end the National Security Agency's bulk collection of U.S. phone metadata. By 'filling the tree' with what he called 'modest' changes to the measure, McConnell effectively blocked off debate on other potential amendments -- including two Paul had said he would stand down for if he was promised simple-majority votes on them.... If any of [McConnell's amendments] pass, they would need to go back to the House, which could prompt a game of legislative Ping-Pong delaying the bill's final passage -- and keep the Patriot Act lapse from ending." ...
... Amy Davidson of the New Yorker: "Mitch McConnell -- even in the face of an Appellate Court finding against the NSA -- has been demonstrating why Rand Paul is right. "... the only amendments there ought to be room for are ones that McConnell wouldn't like." (CW: And which, according to Volz, Mitch has precluded.)
Carol Morello of the Washington Post: "The families of four Americans imprisoned or unaccounted for in Iran will testify Tuesday before a House committee poised to call for Iran to release the detainees immediately."
Justin Fishel, et al., of ABC News: "An internal investigation of the Transportation Security Administration revealed security failures at dozens of the nation's busiest airports, where undercover investigators were able to smuggle mock explosives or banned weapons through checkpoints in 95 percent of trials, ABC News has learned. The series of tests were conducted by Homeland Security Red Teams who pose as passengers, setting out to beat the system. According to officials briefed on the results of a recent Homeland Security Inspector General's report, TSA agents failed 67 out of 70 tests, with Red Team members repeatedly able to get potential weapons through checkpoints." Emphasis added. ...
... CW: This should make the usual scaredy cats a lot more anxious than the sunsetting of the NSA's bulk data collection program. ...
... Adam Lerner of Politico: "Melvin Carraway, the TSA’s acting administrator was reassigned, according to a statement issued by Jeh Johnson, secretary of Homeland Security. Mark Hatfield, who had been the agency's acting deputy director, will take the reins. Carraway, who joined the agency in 2004, had been the acting administrator only since January. Johnson's moves came the same day of an embarrassing report about the agency's handling of security at the nation's airports."
Michael Grunwald of Politico: "The public debate [on the Trans-Pacific Partnership trade deal] has focused on the adequacy of TPP's environmental and labor safeguards, its potential to feather the nests of well-connected pharmaceutical, software and finance interests, and the secrecy of its negotiations. But the heart of the deal is an effort by the twelve participating countries to phase out tariffs and other export barriers for more than 11,000 categories of commodities, and [U.S. Trade Rep Michael] Froman is frustrated that isn't getting more attention. In an interview with Politico, he said export-supported U.S. jobs pay 13 to 18 percent more than the average job, and argued that freer trade along the Pacific Rim would create a lot more of them." ...
... Nick Gass of Politico: "WikiLeaks announced an effort Tuesday to crowd-source a $100,000 reward for the remaining chapters of the Trans-Pacific Partnership trade deal, after the organization published three draft chapters of the deal in recent years. 'The transparency clock has run out on the TPP. No more secrecy. No more excuses. Let's open the TPP once and for all,' WikiLeaks founder Julian Assange said in a statement."
Still Doin' the Obummer Care Song & Dance. Sarah Ferris of the Hill: "House GOP leaders are offering a glimpse into how they plan to respond to this month's highly anticipated decision on ObamaCare. The trio of House leaders plans to outline specific policy proposals sometime before the court's ruling, but will hold off on releasing legislative language until afterwards, according to a spokesman for Ways and Means Chairman Paul Ryan (R-Wis.). 'We'll have a plan that will be public before the ruling, but given that we don't know exactly what they'll say, we'll have to wait for the ruling to have text to align with the situation,' spokesperson Brendan Buck said Monday." CW: Some glimpse. Just one more effort to influence the Supremes in a decision they probably already have made. ...
... Simon Maloy of Salon: "The day before oral arguments in the case began in March, the three working group members published an op-ed laying out in determinedly vague terms the principles for their Obamacare 'off-ramp' proposal. After the oral arguments, the working group released a statement saying 'we will be ready to act' if the court rules for the plaintiffs. That was three months ago. The court's ruling is expected to be released very soon. So where is the 'contingency plan' majority leader [Kevin] McCarthy said would be forthcoming back in January?... He and his colleagues have insisted over and over that they'll be 'ready' for the fallout of the King decision, but when pressed to demonstrate that readiness, they demur. The reality of the situation -- which McCarthy and his colleagues have worked to obscure -- is that the Republicans remain as divided as ever on how to actually handle the impossibly complex task of crafting healthcare legislation." ...
... MEANWHILE in Kansas. Katrina vanden Huevel of the Nation, in the Washington Post: "This 'real live experiment [to reject the ACA Medicaid expansion, among other catastrophic decisions],' as [Gov. Sam] Brownback once put it, has resulted in the pain and suffering of many Kansans. And yet, instead of acknowledging those consequences as a warning sign, the Republican presidential candidates have embraced them as a blueprint. It's all part of the same GOP pattern -- a continued retreat away from reason and toward a blind ideology -- one that always comes with a body count."
Josh Gerstein of Politico: "The federal judge assigned to preside over the criminal case against former House Speaker Dennis Hastert (R-Ill.) donated at least twice to Hastert's congressional campaigns, federal campaign finance records show. U.S. District Court Judge Thomas Durkin gave Hastert for Congress $500 in 2002 and $1000 in 2004, according to the Federal Election Commission. Thomas Durkin made the donations while he was a partner at a private law firm, Mayer Brown." He also made other small donations to Republican candidates. Durkin is an Obama appointee. "One of [the defense] lawyers [in another case against Hastert], Hastert's son Ethan, is a partner at Mayer Brown -- which happens to be the same firm Durkin worked at before he was appointed to the federal bench." ...
... CW: Hey, Durkin is a gentleman & a judge. I'm sure he'll be impartial. This is how the system works. ...
... Bill Press thinks Denny Hastert got a raw deal. It was his own money! It was private! He's not a drug dealer or a Mafia guy! ...
... Jeffrey Toobin: "The precise contours of Hastert's relationship with Individual A remain mysterious, but his legal ordeal is easily understood and, it seems, richly deserved." BTW, according to Toobin, paying off an extortionist is legal.
Opera Buffa. Dana Milbank: Yet another bungled GOP effort at "minority outreach." CW: A low-comedy version of "The Marriage of Figaro," without the sex. But music! Betrayal! Missed meetings! Buffoons! Buffoons! Buffoons!
Brady Dennis & Lenny Bernstein of the Washington Post: "The National Cancer Institute's announcement Monday that it will soon begin a nationwide trial to test treatments based on the genetic mutations in patients' tumors, rather than on where the tumors occur in the body, highlights a profound shift taking place in the development of cancer drugs. Researchers increasingly are using DNA sequencing, which has become far faster and cheaper over time, to identify molecular abnormalities in cancers. That technology is allowing them to develop drugs they hope will prove more effective in specific sets of patients and to design clinical trials that get the most promising drugs to market more quickly. 'We are truly in a paradigm change,' James H. Doroshow, director of the division of cancer treatment and diagnosis at the NCI, said in announcing the initiative Monday."
William Rashbaum & Matt Apuzzo of the New York Times: "Federal authorities believe that Sepp Blatter's top lieutenant at FIFA made $10 million in bank transactions that are central elements of the bribery scandal engulfing international soccer, United States officials and others briefed on the case said Monday. The revelation puts the money trail closer to Mr. Blatter, FIFA's president, than had been previously known." ...
Presidential Race
Dylan Stableford of Yahoo! News: "In a wide-ranging interview [with Katie Couric], the Vermont independent senator and Democratic presidential hopeful [Bernie Sanders] said he is running because someone needs to stand up for the middle class":
... CW: Thanks to Yahoo! for giving Bernie a halo.
Sam Frizell of Time: "Hillary Clinton will officially launch her campaign for president on June 13 with a rally on New York City's Roosevelt Island, ending the gradual ramp-up phase of her bid for president."
Gabriel Debenedetti of Politico: Run Warren Run is shutting down.
Katie Glueck of Politico: "He's spent a third of his life in Congress and is a fixture on the Sunday morning news-show circuit, making nearly 70 appearances in the past five years. But as he announced his presidential bid Monday here in the tiny town where he grew up, Lindsey Graham sought to knock down the notion that he's a creature of Washington, telling a personal story that's largely been overlooked over the course of his two decades in the House and Senate. It's the tale of a son of pool-hall owners, who grew up near-impoverished in the back room of his parents' bar. As a college student, he raised, and eventually adopted, his little sister after their parents died, before going on to have a career as an Air Force lawyer and then rising to become South Carolina's senior senator." CW: I'm glad to find out Graham is an actual human being & not just a talk-show clown. I'm not sure why coming up through the school of hard knocks turns a person into a warmonger. ...
CW Update: Oh, I forgot. Contributor D. C. Clark reminds me that Graham answered my question last week:
My family owned a restaurant, a pool room, and a liquor store, and everything I know about the Iranians I learned in the pool room. I ran the pool room when I was a kid and I met a lot of liars, and I know the Iranians are lying. -- Lindsey Graham
... Jose DelReal of the Washington Post: "Lindsey Graham has a plan to win the GOP nomination. If it works, it'd be a first." DelReal explains the flaw in the plan. CW: What DelReal doesn't discuss is how much control Graham has over his state's GOP organization, a consideration crucial to his thesis & Graham's plan.
According to the Wall Street Journal (no link), Dick Cheney is making a comeback with a book & an "advocacy group" -- lovely daughter Liz is his co-conspirator -- that is meant "to make a splash on the national stage" and "is bound to make himself a flash point in the 2016 debate." ...
... Steve M. is not quite convinced. ...
... Neither is Simon Maloy of Salon. ...
... "Can't Keep a Bad Man Down." As Ed Kilgore notes, most of the GOP slate is already pretty much on board the Cheney train; indeed, two of Cheney's policy aides are already advising Jebbie. ...
... Catherine Rampell of the Washington Post on "the ridiculous non-candidate charade.... [Jeb] Bush maintains that he can't decide whether he wants to become the next Decider." CW: What makes it not ridiculous is that it allows the pre-candidates to raise gobs of money without having to comply with our campaign laws.
Beyond the Beltway
Caitlin MacNeal of TPM: "The Garden Valley School school district in Idaho purchased four rifles and 2,000 rounds of ammunition to help school officials protect students against potential threats, Idaho television station KBOI reported on Saturday. 'We just have to protect our kids and we didn't want to do it in a haphazard way,' Garden Valley School District Superintendent Marc Gee told KBOI." CW: Providing arms & ammo to a few "school officials" doesn't seem haphazard to me.
Mainiacs. Steve Mistler of the Portland Press: "A bill that would allow Mainers to carry a concealed handgun without a permit moved a step closer to becoming law Monday when it cleared a key vote in the House of Representatives. The 83-62 vote increases the likelihood that Maine will become only the seventh state that allows a person to carry a concealed handgun without a permit. The legislation has the backing of Republicans and Democrats, including 15 Democrats in the House.... In the Senate, the bill passed Friday on a 23-12 vote [but requires more procedural votes]. Gov. Paul LePage is expected to sign the bill if the Legislature passes it."
Another Texas Execution. Jordan Smith of the Intercept: "Now 67 and one of Texas's oldest and longest-serving death row inmates, [Lester Bower] has faced seven execution dates. His eighth -- and most likely final -- is scheduled for Wednesday, June 3. This time, unless the U.S. Supreme Court intervenes, he will almost certainly be executed. Bower maintains his innocence. He has alleged his defense at trial was deficient, and that prosecutors withheld critical evidence from his attorneys. Moreover, since his conviction, witnesses have come forward to say that they know who really killed the four men in the aircraft hangar at the B&B Ranch -- and it wasn't Les Bower."
News Ledes
Politico: "President Barack Obama will deliver a eulogy at Beau Biden's funeral in Wilmington, Delaware, on Saturday, the vice president's office announced Tuesday. The Catholic funeral mass will cap three days of ceremonies to mourn the death of Vice President Joe Biden's eldest son. Beau Biden, the former attorney general of Delaware and an Iraq veteran, died of brain cancer on May 30 at age 46."
Washington Post: "A video released Monday by Oklahoma Highway Patrol shows [Nehemiah] Fischer, an associate pastor at a local Tulsa church, pushing a trooper moments before he was shot on Friday. For authorities, the video is proof that Fischer started the scuffle that ended in his death. For the Fischer family, it's an uncomfortable but unavoidable epitaph to an otherwise 'God-fearing man.'"