The Commentariat -- April 1, 2015
Internal links removed.
Afternoon Update:
Matt Apuzzo of the New York Times: "Senator Robert Menendez was indicted on federal corruption charges on Wednesday, setting the stage for a bitter court fight and putting his political future in doubt. Mr. Menendez was charged with seven counts of bribery, which carry up to 15 years in prison on each charge. He was also charged with conspiracy, fraud, and making false statements on government documents, the Justice Department said. Mr. Menendez is the first senator to face federal bribery charges since another New Jersey Democrat, Harrison A. Williams Jr., was indicted in 1980 in the Abscam scandal."
Campbell Robertson & Timothy Williams of the New York Times: "Facing a backlash from businesses and gay rights advocates, Gov. Asa Hutchinson of Arkansas on Wednesday called on state lawmakers to either recall or amend legislation billed as a religious freedom measure so that it mirrored a federal law approved in 1993. Mr. Hutchinson, a Republican, said he understood the divide in Arkansas and across the nation over the question of same-sex marriage and its impact on people's religious beliefs. His own son, Seth, he said, had asked him to veto the bill, which critics say could allow individuals and businesses to discriminate against gay men and lesbians."
John Bresnahan & Rachel Bade of Politico: "The Justice Department will not seek criminal contempt charges against former IRS official Lois Lerner, the central figure in a scandal that erupted over whether the tax agency improperly targeted conservative political groups. Ronald Machen, the former U.S. attorney for the District of Columbia, told House Speaker John Boehner (R-Ohio) in a seven-page letter this week that he would not bring a criminal case to a grand jury over Lerner's refusal to testify before the House Oversight and Government Reform Committee in March 2014."
Carol Morello of the Washington Post: "Negotiations over Iran's nuclear program will be extended for a second day beyond Tuesday's deadline, as Secretary of State John F. Kerry announced he would stay in Switzerland to continue the talks into Thursday. State Department spokeswoman Marie Harf said progress had been made, but she pointedly said Kerry would be staying 'until at least Thursday morning.' The short time period appeared to reflect a sour turn in negotiations on Wednesday, as the six world powers negotiating with Iran failed to reach a preliminary agreement over restrictions on Iran's nuclear program in return for relief from crippling international sanctions imposed on Tehran."
*****
Neil Eggleston of the White House: "Building on his commitment to address instances of unfairness in sentencing, President Obama granted 22 commutations [Tuesday] to individuals serving time in federal prison. Had they been sentenced under current laws and policies, many of these individuals would have already served their time and paid their debt to society. Because many were convicted under an outdated sentencing regime, they served years -- in some cases more than a decade -- longer than individuals convicted today of the same crime."
Louis Jacobson of PolitiFact: "In a recent speech marking the fifth anniversary of the Affordable Care Act, President Barack Obama [said the ACA has] helped reduce hospital readmission rates dramatically. It's a major reason why we've seen 50,000 fewer preventable patient deaths in hospitals.... The statement is accurate but needs clarification, so we rate it Mostly True." CW: That's impressive, especially if you're one of the not-dead people.
Coral Davenport of the New York Times: "The White House on Tuesday introduced President Obama's blueprint for cutting greenhouse gas emissions in the United States by nearly a third over the next decade. Mr. Obama's plan, part of a formal written submission to the United Nations ahead of efforts to forge a global climate change accord in Paris in December, detailed the United States' part of an ambitious joint pledge made by Mr. Obama and President Xi Jinping of China in November.... [SO, NATURALLY,] Republican leaders immediately savaged the plan Tuesday and announced their intent to weaken or undo it -- and, by extension, to block the international efforts to reach a climate accord in Paris."
John Bresnahan & Manu Raju of Politico: "An indictment of Democratic Sen. Robert Menendez on federal corruption charges is expected as early as Wednesday, according to sources familiar with the case."
Department of Justice: "The Justice Department announced today the filing of a lawsuit against Southeastern Oklahoma State University (Southeastern) and the Regional University System of Oklahoma (RUSO) for violating Title VII of the Civil Rights Act of 1964 by discriminating against a transgender employee on the basis of her sex and retaliating against her when she complained about the discrimination."
Stating the Obvious. Bernie Becker of the Hill: "The IRS commissioner on Tuesday brushed aside GOP proposals to abolish his agency, insisting the U.S. would have to have a tax collector one way or another. 'You can call them something other than the IRS if that made you feel better,' the agency's chief, John Koskinen, said after a speech at the National Press Club."
A Rocky Transition, After All. Burgess Everett & Manu Raju of Politico: "A feud between Sens. Dick Durbin and Chuck Schumer escalated further on Tuesday, with spokesmen for the two Democratic leaders offering sharply different on-the-record accounts of whether the two men reached a power-sharing deal. Durbin's office insists Schumer agreed last week to support him as the party's whip when current Minority Leader Harry Reid retires at the end of 2016. But Schumer's office is denying any such deal was struck.... Schumer is said to be open to elevating Sen. Patty Murray of Washington to the whip job...."
David Dayen in Salon: In his autobiography, Barney Frank provides another reminder that Barack Obama could have forced banks to provide foreclosure relief in exchange for TARP money, as Frank wanted. But Obama refused to do so. CW: Obama's abandonment of homeowners with underwater mortgages is, in my mind, the low-water mark of his legacy. You might say it is drone killings of civilians, & I won't disagree, but there is an argument to be made that drone attacks are simply another gruesome war tactic not much unlike "collateral damage" by other means.
Carol Morello of the Washington Post: "U.S. officials said Tuesday that they might continue negotiating a preliminary Iran nuclear deal past a midnight deadline as they struggled to resolve key issues." (Also linked yesterday afternoon.) ...
... Update. Jordan Fabian & Kristina Wong of the Hill: "The Obama administration's effort to reach a nuclear deal with Iran stretched past its latest deadline Tuesday, as U.S. officials expressed confidence that they could still reach an agreement. 'We've made enough progress in the last days to merit staying until Wednesday,' State Department spokesperson Marie Harf said. 'There are several difficult issues still remaining.'" ...
... Update 2. Michael Gordon of the New York Times: "Secretary of State John Kerry renewed his push on Wednesday to secure a preliminary accord that would limit Iran's nuclear program, a day after negotiators extended the March 31 deadline. With the diplomacy at a pivotal point, President Obama convened a teleconference on Tuesday night with Mr. Kerry, Energy Secretary Ernest J. Moniz and other top members of the administration to review the status of the negotiations."
Peter Baker of the New York Times: "Seeking to patch up relations with a longtime regional ally at a time of spreading war and instability in the Middle East, President Obama on Tuesday lifted an arms freeze against Egypt that he first imposed after the 2013 military overthrow of the country's elected government. Mr. Obama removed his holds on the delivery of F-16 aircraft, Harpoon missiles and M1A1 tank kits and in a telephone call assured President Abdel Fattah el-Sisi of Egypt that he would continue to support $1.3 billion in annual military assistance for the Cairo government...."
Nicholas Kulish of the New York Times: "The co-pilot at the controls of the German jetliner that crashed last week had informed Lufthansa in 2009 about his depressive episodes, the company said Tuesday. In a statement, Lufthansa said the co-pilot had conveyed the information when he sought to rejoin the airline's flight school after a monthslong pause in his studies. Lufthansa said that it had shared with prosecutors email correspondence between the co-pilot, Andreas Lubitz, and the flight training school, which included medical records about a 'deep depressive episode.' Lufthansa is the parent company of Germanwings, the operator of the Airbus 320 on which Mr. Lubitz was co-pilot." (Also linked yesterday afternoon.)
Jack Gillum of the AP: "Hillary Clinton emailed her staff on an iPad as well as a BlackBerry while secretary of state, seemingly contradicting her explanation that she exclusively used a personal email address on a so-called 'homebrew' server so that she could carry a single device, according to documents obtained by the Associated Press." (Also linked yesterday afternoon.) ...
... AFP: "A US congressional panel investigating the 2012 Benghazi attacks has called for Hillary Clinton to testify by May 1, following a scandal involving her exclusive use of private emails while secretary of state." (Also linked yesterday afternoon.)
Presidential Race
Eric Lichtblau of the New York Times: "... two leading campaign finance groups charged on Tuesday that the spread of ... unofficial campaigns in recent months was not only deceptive, but also illegal. The groups, the nonpartisan Campaign Legal Center and Democracy 21, filed formal complaints with the Federal Election Commission against four undeclared candidates for president: Jeb Bush, Scott Walker and Rick Santorum, all Republicans, and Martin O'Malley, a Democrat.... Among the prospective White House candidates, those four have been particularly aggressive in appearing at fund-raisers, visiting crucial states like Iowa and New Hampshire, hiring staff members and setting up offices, and positioning themselves for a possible bid, Paul S. Ryan, a lawyer for the center, said in an interview. Yet they have skirted federal election law that requires candidates who are 'testing the waters'..."
For the umpteenth time, Elizabeth Warren says she's not going to run for president. Also, she's not exactly endorsing Hillary Clinton. But Warren is willing "'to give her a chance to decide if she's going to run and to lay out what she wants to run on,' ... when asked whether the Clinton would be the right Democratic candidate to fight for the middle class."
Philip Rucker & Robert Costa of the Washington Post: "The national debate over an Indiana religious-liberties law seen as anti-gay has drawn the entire field of Republican presidential contenders into the divisive culture wars, which badly damaged Mitt Romney in 2012 and which GOP leaders eagerly sought to avoid in the 2016 race. Most top Republican presidential hopefuls this week have moved in lock step, and without pause, to support Indiana Gov. Mike Pence (R) and his Religious Freedom Restoration Act.... The position puts the Republican field out of step with a growing national consensus on gay rights, handing Hillary Rodham Clinton and other Democrats a way to portray Republicans as intolerant and insensitive." ...
... Dana Milbank: "Pence backed down Tuesday and called for new legislation 'that makes it clear that this law does not give businesses a right to deny services to anyone.' Alas for Republican 2016 hopes, the leading candidates had already backed the original, discriminatory version of the law.... The candidates' rush to endorse the now-doomed law doesn't even make much political sense: GOP voters place gay issues at the bottom of their list of concerns."...
... Dominic Holden of BuzzFeed: "Sen. Rand Paul said he doesn't buy into the concept of gay rights because they are defined by a gay person's lifestyle. 'I don't think I've ever used the word gay rights, because I don't really believe in rights based on your behavior,' the Kentucky Republican told reporters in a videotaped interview ... recorded in 2013." ...
... Steve M.: "... Senator Paul is one of the most uncompromising supporters of gun rights in Washington (which is quite a high bar to clear).... I guess he thinks gun ownership is so fundamental to the makeup of certain human beings, is so hard-wired, that it simply can't be considered 'behavior.'... Gay sex? A choice. Owning an assault rifle? An essential part of who you are." CW: C'mon, Steve. GOP rationales for discrimination don't have to make sense or be intellectually consistent.
Jebbie's Secret Admirers. Ed O'Keefe & Matea Gold of the Washington Post: "Jeb Bush has given his tacit endorsement to a new group that can collect unlimited amounts of money in secret, part of a bold effort by his advisers to create a robust external political operation before he declares his expected White House bid.... While ideological nonprofits have become major players in national politics in recent years, this marks the first time one has been so embedded in the network of a prospective candidate." ...
... Making New Hampshire as Antediluvian as Iowa & South Carolina. Ben Schreckinger of Politico: "Taking aim at Jeb Bush, a group of leading New Hampshire conservatives and libertarians are preparing to stage their own caucus three months before the state's first-in-the-nation primary -- and then unify behind the winner. Sick of the string of centrist GOP-ers who’ve dominated the state's primary in recent years -- including John McCain (twice) and Mitt Romney -- conservatives and libertarians are hoping to defy the conventional wisdom that the Granite State is moderate-friendly turf between the evangelical-dominated Iowa caucuses and socially conservative South Carolina."
CW: I skipped over Scott Walker's dog dander dilemma, but Margaret Hartmann of New York handles it with all the seriousness it deserves.
Harry Reid assesses the GOP field.
Beyond the Beltway
** My Religious Beliefs Are Your Problem. Amy Davidson of the New Yorker: "... the idea of religious practice seems to have morphed to include a vague sense of offense at the lives of others." ...
... Campbell Robertson & Richard Perez-Pena of the New York Times: "Despite intensifying criticism from business leaders both within and outside of Arkansas, the state legislature on Tuesday passed its version of a measure billed as a religious freedom law, joining Indiana in a swirl of controversy that shows little sign of calming. The Arkansas bill, passed when the General Assembly concurred on three amendments from the State Senate, now goes to the state's Republican governor, Asa Hutchinson, who expressed reservations about an earlier bill but more recently said he would sign the measure if it 'reaches my desk in similar form as to what has been passed in 20 other states.' The Arkansas Senate passed the measure last week." ...
... Dominic Rushe & Jessica Glenza of the Guardian: "Walmart ... came out swinging on Tuesday against state legislation legalising discrimination against lesbian, gay, bisexual and transgender people, calling the move against its 'core basic beliefs'. The retail giant is headquartered in Arkansas...." ...
... Margaret Hartmann: Way last month, the Arkansas bill was all about the right to discriminate against teh gays, but (even though the language of the bill hasn't changed) suddenly it isn't anymore. Something about hamburgers & pizzas. CW: And here's a factor that makes the bill even worse: it works in conjunction with a law the Arkansas legislature passed last month "which prevented cities and counties in the state from passing their own anti-LGBT discrimination ordinances." Because discrimination needs to be statewide. Also, what's with gay people complaining about discrimination when mean people discriminate against white, straight, married politicians? Also, it isn't fair for gay people to have a "special right" to marry each other when straight people always get stuck in opposite-sex marriages. (On this last point, also see Steve Beshear story, linked below.)
Mark Berman of the Washington Post: "Indiana Gov. Mike Pence (R) vowed Tuesday morning that the state would alter a religious liberties bill that has drawn widespread criticism, even as he defended the law and insisted it was being unfairly portrayed in the media. Pence urged lawmakers to pass legislation making it clear 'that this law does not give businesses the right to deny services to anyone.'... He did not support a repeal of the legislation, nor did he say that language would be added explicitly protecting gay or transgender people. He also spent a significant portion of the news conference defending the bill and criticizing the media, insisting that the current legislation did not allow for discrimination. 'This law has been smeared,' he said." (Also linked yesterday afternoon.) ...
... Jill Lawrence of US News: "... maybe, cosseted in the Christian right echo chamber, [Mike Pence] was oblivious to how all of this would be received in the wider world.... His action, and its reflection on his party, is about as forward-looking as the revived Republican hostility to immigration reform. Forget about the future, it doesn't even acknowledge the world as it exists today."
... Jonathan Chait: "One lesson to draw from this chain of events is that Pence and his allies either overreached or blundered, and were properly forced to retreat when liberal opponents raised well-founded objections. Instead, conservatives have reached the opposite conclusion: They have been victimized by bullying social liberals, delirious with culture-war victory." ...
Andrew Kaczynski of BuzzFeed: "'Smoking Doesn't Kill' And Other Great Old Op-Eds From Mike Pence. The Indiana governor ... wrote some interesting op-eds 15 years ago." Or this one that begins, "Global warming is a myth." "He also mixes up India and Indonesia." ...
... CW: I remain surprised that all of the commentary concentrates on discrimination against gays. It's true, of course that this was -- from the beginning -- the primary motivation for passing the law. But the law also permits rampant discrimination against myriad other groups. Suppose the owners of a big, family-held company like Hobby Lobby "believed" that it was disgraceful for pregnant women to go out in public. Under the law, they could refuse to allow obviously pregnant women into their stores. Suppose a corporate owner believed men should sport facial hair. Or that tank tops were inappropriate attire. Whatever. As long as the particular group is not "protected," large corporations as well as mom-&-pop bakers & florists can claim a religious exemption from serving any number of classes of people. ...
... CW: I wasted little time on David Brooks' Politeness Pitch yesterday, but Driftglass goes to the heart of it: "... for Republican apologists like Mr. Brooks, inconvenient facts are always sent out of the room so he can set up yet another, simple-minded morality puppet show about the virtues of not making people like Mr. Brooks uncomfortable, Because once a hated out-group has fought its way to a place where the in-group is forced to stop treating them like vermin (even though they still may really, really want to) Mr. Brooks' answer to their grievances is always to make them step back into a posture of supplication and ask pretty, pretty please for the basic human rights which every member of Mr. Brooks' privileged in-group takes for granted as their birthright." ...
... AND Charles Pierce lets Brooks have it: "David Brooks, who would like all those hysterical gay people to start using their inside voices and to understand that their desire for equal protection under the law would be better served if they understood the feelings of the people who think they are sodomite insects who are all going to hell."
Try to Wrap Your Head around This. Andrew Wolfson of the Louisville Courier-Journal: "Kentucky Gov. Steve Beshear [D] says the state's ban on gay marriage should be upheld in part because it is not discriminatory in that both gay and straight people are barred from marrying people of the same gender. In an argument labeled absurd by gay marriage advocates, Beshear's lawyer says in a brief filed last week at the U.S. Supreme Court that 'men and women, whether heterosexual or homosexual, cannot marry persons of the same sex' under Kentucky law, making the law non-discriminatory. The argument mirrors that offered by the state of Virginia nearly 50 years ago when it defended laws barring interracial marriage there and in 15 other states, including Kentucky, by saying they weren't discriminatory because whites were barred from marrying blacks just as blacks were barred from marrying whites. The Supreme Court in 1967 rejected that argument in the historic case of Loving v. Virginia...." Thanks to contributor Forrest M. for the lead.
Privacy Rights, Arizona-Style: Between a Woman and Her Doctor & the State Legislature & the Governor. Yvonne Sanchez of the Arizona Republic: Arizona "Gov. Doug Ducey [R-Misogynist] on Monday signed into law a bill that requires physicians to tell women receiving medication-induced abortions that the procedure can potentially be reversed. Senate Bill 1318 also bars insurance companies from providing abortion services to women who purchase medical coverage through the federal health-care exchange, except in cases of rape and incest." ...
... Arizona, a Good Place to Leave. Steve Benen: "Under the new law, consumers who want to receive health care coverage through an exchange will be prohibited from buying private insurance through a private business covering a legal medical procedure that Republicans don't like.... Medical professionals will now be legally required to give patients unscientific information, simply because far-right politicians in the state say so. Or as Amanda Marcotte recently put it, 'You should be able to get through an abortion without having to indulge a right-wing delusion.'"
Jaime Fuller of New York: "A new Chicago Tribune poll has incumbent mayor Rahm Emanuel with 58 percent of the vote, and Jesus 'Chuy' Garcia with 30 percent."
News Ledes
New York Times: "Cynthia Lennon, the first wife of the Beatles' John Lennon, who chronicled their troubled marriage in two memoirs, died on Wednesday at her home in Mallorca, Spain. She was 75. The cause was cancer, according to a memorial on the website of her son, Julian."
Los Angeles Times: California "Gov. Jerry Brown, standing on a patch of brown grass in the Sierra Nevada that is usually covered with several feet of snow at this time of year, on Wednesday announced the first mandatory water restrictions in California history. 'It's a different world,' he said. 'We have to act differently.'"
Atlanta Journal-Constitution: "'Guilty,' Judge Jerry Baxter read the jury's verdicts for conspiracy for 11 of the 12 defendants in the Atlanta Public Schools cheating trial. The conspiracy charge was the most serious and could bring sentences up to 20 years. Only one defendant, Dessa Curb, walked away with no conviction on any charge.... The scandal, one of the most notorious to strike a U.S. school district, was uncovered by The Atlanta Journal-Constitution in 2008, when it found improbably improved scores on on the tests."
Los Angeles Times: "Authorities investigating the death of Andrew Getty, an heir to the Getty oil fortune, said a preliminary investigation suggests foul play was not involved.The death appeared to be natural or an accident, said Ed Winter, a spokesman for the Los Angeles County coroner's office."