The Commentariat -- Nov. 17, 2014
Internal links removed.
"A Freakout Foretold." Charles Pierce: "This may wind up being the most pivotal week of the president's administration. First, he may take the executive action on immigration that he should have taken before the election. Then, the Congress may send him a pro forma bill supporting the construction of the Keystone XL pipeline, which he may then veto, even though that action may deprive the Republic of the services of Mary Landrieu, for whom some K Street lobbying firm likely already is clearing out an office, and despite the fact that it may very well occasion the launching of another Indian War in the West."
** Paul Krugman: "Conservatives want you to believe that while the goals of public programs on health, energy and more may be laudable, experience shows that such programs are doomed to failure. Don't believe them. Yes, sometimes government officials, being human, get things wrong. But we're actually surrounded by examples of government success, which they don't want you to notice." ...
... Katie Zezima of the Washington Post: "Secretary of Health and Human Services Sylvia Mathews Burwell said 100,000 people submitted applications for coverage under the Affordable Care Act on Saturday, the first day of the law's second enrollment period."
Charles Blow: "Congressional Republicans have been sent to Washington with a mandate not so much to conduct business but rather to collect a bounty, to do what they promised and what their supporters expect: Stop Obama at any cost and at every turn, to erase his name or at least put an asterisk by it." ...
... No Surprise. Steve M.: "Republicans are planning to blame Democrats again for a GOP government shutdown." Surprise. Chuck Todd said to Bobby Jindal, "You're twisting my question."
E. J. Dionne: "On immigration, Boehner has lost all credibility to claim he wants to act in a bipartisan way. In his heart of hearts, might he like to pass a bill? Sure. But the speaker's heart is not what's at stake here. A willingness to take heat from the right wing of his caucus to pass a bill is what matters. And this is something he has showed, again and again, that he just won't do." CW: Another guy who mentioned the House's yearslong footdragging: Barack Obama.
Washington Post Editors: "... since the election Republican leaders have continued to indulge in hysterical 'war on coal' rhetoric, and they attacked the climate breakthrough in Beijing. They still appear determined to repeal the country's climate policies rather than replacing those policies with cheaper and more effective options, such as the market-based carbon-pricing programs that authentic conservatives would favor.... Whether out of cynicism, callousness or ignorance, Republicans over the past decade have ... indulged and encouraged shortsighted naysayers and climate conspiracists in the face of grave climate forecasts."
... Rebecca Leber of the New Republic: At the G-20 meeting, President "Obama put Australia's climate-denying Prime Minister [Tony Abbott] on the spot." ...
... Don Lee of the Los Angeles Times: "Criticized for being long on promises and short on delivery, leaders of the Group of 20 major economies set a target of lifting global economic output by at least 2% over five years -- an ambitious goal that would add $2 trillion to the world economy and millions of new jobs. To achieve that, the U.S. and other G-20 countries presented more than 800 specific projects and policy reforms that would, for instance, build more roads, improve trade and bring more women into the workforce." ...
... Here's video of the full press conference which President Obama held in Brisbane, Australia, at the close of the G-20 summit there:
Danielle Kurtzleben of Vox: "The latest jobs report showed the unemployment rate was at its lowest level in six years, 5.8 percent. But Americans aren't convinced that things are nearly that good. In a recent Ipsos-MORI poll, 1,001 Americans were asked, 'Out of every 100 people of working age, how many do you think are unemployed and looking for work?' Their average response was 32." ...
... CW: When (and if) the average American thinks one-third of potential workers are unemployed, the political party in power -- especially the party that holds the White House -- is in deep trouble. Misperceptions cause voters to make a lot of bad decisions. Ergo, Senator-Elect Joni Ernst. ...
... David Atkins in the Washington Monthly: "That has an impact, for instance, on immigration policy: no one believes that undocumented immigrants are taking high-wage jobs, so you'll b likelier to oppose immigration reform if you believe that there just aren't enough even low-wage jobs...." ...
... Danny Vinik of the New Republic: Activists confront the Federal Reserve. And Janet Yellen listens. CW: (a) Elections matter. (b) Thanks to everyone who forced President Obama to choose Yellen to head the Fed over his preferred choice, Larry Summers. Really, would Summers have listened to "little people"? I don't think so.
Eric Segall in Slate: "Taking law seriously -- as opposed to making decisions based mostly on personal values -- is what distinguishes judges from other political officials. On that basis, Supreme Court justices are simply not judges.... We have unelected, life-tenured politicians masquerading as judges, making important decisions that affect us all. It is important to recognize the court for the purely political institution it is, and to acknowledge that it is not a court of law...." ...
... CW: I would add to that a point made some time back, I forget by which writer (Jonathan Bernstein??), that not only do these political justices have life tenure, if they aren't carried out in a coffin, they decide when to retire based entirely on strategic political considerations, so their "life" tenure can actually continue for many generations, in their like-minded replacements. Ruth Ginsburg, David Souter (although Souter said he "probably" would have retired anyway if McCain had won the 2008 election) & Sandra O'Connor all made clear that politics determined their retirement decisions.
Nicholas Kristof: "... one element of white privilege today is obliviousness to privilege, including a blithe disregard of the way past subjugation shapes present disadvantage."
Sally Jenkins & Rick Maese of the Washington Post: "Federal drug agents conducted surprise inspections of National Football League team medical staffs on Sunday as part of an ongoing investigation into prescription drug abuse in the league. The inspections, which entailed bag searches and questioning of team doctors by Drug Enforcement Administration agents in cooperation with the Transportation Security Administration, were based on the suspicion that NFL teams dispense drugs illegally to keep players on the field in violation of the Controlled Substances Act...."
Annals of "Journalism," Ctd. CW: Maybe I fooled you into thinking Chuck Todd had turned over a new leaf when he objected to Bobby's Jindal's twisting his words (see above). Nah. As Driftglass documents, Press the Meat was a veritable beauty pageant for wingers. My favorite: Carly Fiorina, who deigned to allow her man Chuck to break some big news: she cannot avoid considering a presidential run because "Well, when people ask you over and over again, you have to pause and reflect. So I'll pause and reflect at the right time." Thank you, California, for not electing this harridan as your representative to the greatest deliberative body on earth (TM).
Annals of Journalism, Ctd. Yes, Bill Keller Is Doing Something Useful. Ravi Somaiya of the New York Times: "The Marshall Project, a nonprofit news organization focused on the American criminal justice system and led by Bill Keller, a former executive editor of The New York Times, went live this weekend, the latest in a crop of start-ups seeking a place in an increasingly fragmented journalism landscape." ...
... Annals of "Justice," Ctd.
Here's the Marshall Project debut story, by Ken Armstrong, published in the Washington Post. Armstrong covers the failure of some lawyers to file timely petitions for habeas corpus in capital cases, "arguably the most critical safeguard in the United States' system of capital punishment.... Just last month, Mark Christeson, a Missouri inmate whose lawyers missed the habeas deadline in 2005, received a stay of execution from the Supreme Court just hours before he was set to die by lethal injection. In a court brief filed on Christeson's behalf, 15 former state and federal judges emphasized that he had not even met the appellate attorneys handling his federal case until after the filing deadline had passed. 'Cases, including this one, are falling through the cracks of the system,' they wrote. 'And when the stakes are this high, such failures unacceptably threaten the very legitimacy of the judicial process.'" ...
... CW: Once again, thanks, Newt Gingrich & Bill Clinton, and all you other phony "law & order" turkeys. ...
... Here's Part 2 of Anderson's report: "... an investigation by The Marshall Project has found that in at least 80 capital cases in which lawyers have missed the deadline -- sometimes through remarkable incompetence or neglect -- it is almost always the prisoner alone who suffers the consequences.... The lack of oversight or accountability has left many of the lawyers who missed the habeas deadlines free to seek appointment by the federal courts to new death-penalty appeals." ...
AND here's another death penalty horror story, courtesy of Paige Williams of the New Yorker. This one, not surprisingly, comes out of Alabama, where a judge can capriciously, it seems, override a jury's recommendation not to impose the death penalty, even as he questions whether or not the convicted man is even guilty.
Beyond the Beltway
Jon Swaine of the Guardian: "Video footage has emerged showing Darren Wilson -- the police officer who shot and killed Michael Brown, an unarmed black 18-year-old in Ferguson, Missouri -- threatening and arresting a resident who refused to stop filming him with a cellphone. Wilson is seen standing near his Ferguson police SUV and warning Mike Arman: 'If you wanna take a picture of me one more time, I'm gonna lock your ass up.' Arman, who had requested Wilson's name, replies: 'Sir, I'm not taking a picture, I'm recording this incident sir.'... Filming police officers carrying out their duties is widely considered to be legal and protected by the first amendment of the US constitution."
Martin Pengelly of the Guardian: "A lawyer for Bill Cosby said on Sunday the comedian would not make any comment on 'decade-old, discredited' allegations of sexual abuse." Here's the full statement, published on BillCosby.com.
News Ledes
AP: "The cold-eyed militants lined up behind their victims in the latest Islamic State video appear to come from outside the Middle East, including one from France and possibly two from Britain, as the extremist group tries to show a global reach. The grisly video -- clearly aimed at a Western audience -- lingers as much on the faces of the camouflaged extremists as the men who are beheaded. The victims include American aid worker Peter Kassig and more than a dozen Syrian soldiers."
Reuters: "Former customers of Bernard Madoff may soon recover an additional $496.8 million as a result of a settlement with two 'feeder funds' that was announced on Monday by the trustee liquidating the swindler's firm. The settlement, with the Herald Fund SPC and Primeo Fund, both based in the Cayman Islands, is one of the largest obtained by the trustee, Irving Picard, since the failure of Bernard L. Madoff Investment Securities LLC in December 2008."
Washington Post: "Martin Salia, a doctor who contracted the Ebola virus while treating patients in Sierra Leone, died on Monday while receiving treatment in Omaha. Salia was in 'extremely critical condition' after he was evacuated in a specially equipped air ambulance for treatment in the United States at the Nebraska Medical Center, which has a state-of-the-art isolation facility equipped for treating Ebola patients. A native of Sierra Leone with ties to Maryland, Salia had initially tested negative for the virus; but a subsequent test came back positive on Nov. 10."