The Commentariat -- January 26, 2016
Afternoon Update:
American Hero. Colby Itkowitz of the Washington Post: Marc Edwards, the Virginia Tech professor who found & exposed high lead levels in Flint, Michigan's water, has been this route before. "It was Edwards, 51, who more than a decade earlier discovered corrosion in the nation's capital's pipes that caused lead to seep into the water supply and pass through kitchen faucets and shower heads. After exposing that water crisis in 2004, he spent six years challenging the Centers for Disease Control to admit they weren't being honest about the extent of the damage the lead had on children." Edwards has largely self-funded both efforts.
Bad News for the Tailgunner. Eliza Collins of Politico: "Jerry Falwell Jr., the evangelical leader of Liberty University, has endorsed Donald Trump for president."
For those of you who have been missing Li'l Randy, Politico reports, "Sen. Rand Paul is poised to make his return to the main-stage Republican presidential debate on Thursday."
Gail Collins has a new conservative Brooks partner for "The Conversation": Arthur Brooks, president of the right-wing American Enterprise Institute. Arthur is as annoying & smug as David (No Relation) Brooks.
Ian Millhiser of Think Progress: "The state of Kentucky must give millions of dollars in tax subsidies to a Noah's Ark theme park owned by a creationist ministry, even though that ministry refuses to comply with the state's request not to engage in hiring discrimination, according to an opinion by a George W. Bush appointee to the federal bench. Under Judge Gregory Van Tatenhove's opinion, the creationist group Answers in Genesis (AiG) stands to gain up to $18 million.... AiG is probably best known for its Creation Museum, a Kentucky attraction.... Judge Van Tatenhove's opinion ... rests on the extraordinary proposition that the state of Kentucky is required to subsidize discrimination. That is not what the [U.S.] Constitution provides."
Paul LePage Is Still the Governor of Maine. AP: "In a radio interview expressing his support for the death penalty, Maine Gov. Paul LePage said with a laugh that he wants to use the guillotine to execute drug traffickers.... During the interview, LePage laughed when he talked about using the guillotine to chop off the heads of drug dealers at public executions.... LePage in the past has voiced his support for the death penalty for drug dealers. The Legislature, however, has a long history of rejecting capital punishment, which was abolished in 1887 in response to a botched hanging." ...
... Eliza Collins of Politico: LePage "said he was 'appalled' at critics, such as the American Civil Liberties Union of Maine, who are angry over his comments, saying they are protecting drug traffickers. 'What we ought to do is bring the guillotine back,' he said, interrupting the hosts. 'We could have public executions and we could even have which hole it falls in.'" CW: Anyway, nice to see him show some real appreciation for his French heritage.
*****
** Thank You, Houston! Manny Fernandez of the New York Times: "A county grand jury [in Houston, Harris County, Texas,] that was investigating allegations of misconduct against Planned Parenthood has instead indicted two anti-abortion activists who made videos of the organization. In a statement, the Harris County district attorney, Devon Anderson, said Monday that the director of the Center for Medical Progress, David Daleiden, had been indicted on a felony charge of tampering with a governmental record and a misdemeanor count related to purchasing human organs. Another center employee, Sandra Merritt, was indicted on a charge of tampering with a governmental record.... Ms. Anderson said in the statement that grand jurors had cleared Planned Parenthood of any wrongdoing.... The case started in August, when Lt. Gov. Dan Patrick, a Republican and an outspoken opponent of abortion and Planned Parenthood, asked the Harris County district attorney to open a criminal investigation into the organization." ...
... The Houston Chronicle story, by Brian Rosenthal & Brian Rogers, is here. ...
... CW: The angels of irony have been working overtime. They have both a sense of justice AND a sense of humor. Moreover, they work in Texas, on a grand jury led by a Republican D.A. who was appointed by Rick Perry & whose successors charged her with investigating Planned Parenthood on the basis of "evidence" contained in videos which the grand jury used instead as evidence against the videographers. These charges don't condemn only the named perps; they condemn every activist & official who excoriated Planned Parenthood because of them. I'm talking to you, GOP Congressmembers & presidential candidates. Did I mention that Carly Fiorina was born in nearby Austin? ...
... That Houston D.A. is a Republican, but it seems she might be a woman first. I would love to know the dynamics of how this grand jury investigation unfolded. If Planned Parenthood is a ham sandwich, how did this switcheroo happen? Did Anderson lead the jurors or did the jurors revolt?
Peter Schroeder of the Hill: "President Obama wants to make it easier for Americans to save for retirement, and plans to push a host of ideas on that front in his upcoming budget. Citing rapid technological growth and fundamental changes in how the workforce operates, administration officials argued policymakers need to take steps to ensure as many Americans as possible are able to save for their retirement.... The initiatives will be detailed further in Obama's fiscal 2017 budget, due out on Feb. 9."
Juliet Eilperin of the Washington Post: "President Obama on Monday announced a ban on solitary confinement for juvenile offenders in the federal prison system, saying the practice is overused and has the potential for devastating psychological consequences. In an op-ed that appears in Tuesday editions of The Washington Post, the president outlines a series of executive actions that also prohibit federal corrections officials from punishing prisoners who commit 'low-level infractions' with solitary confinement. The new rules also call for expanding treatment for mentally ill prisoners. While the president's reforms apply broadly to the roughly 10,000 federal inmates serving time in solitary confinement, there are only a handful of juvenile offenders placed in restrictive housing each year."
Robert Barnes of the Washington Post: "The Supreme Court ruled Monday that those sentenced as teenagers to mandatory life imprisonment for murder must have a chance to argue that they should be released from prison. The ruling expanded the court's 2012 decision that struck down mandatory life terms without parole for juveniles and said it must be applied retroactively to what juvenile advocates estimate are 1,200 to 1,500 cases. More than 1,100 inmates are concentrated in three states -- Pennsylvania, Louisiana and Michigan -- where officials had decided the 2012 ruling was not retroactive. They should have a chance to be resentenced or argue for parole, said Justice Anthony M. Kennedy, who wrote the new 6-to-3 decision."
Timothy Cama of the Hill: "A federal appeals court upheld the government's new coal dust exposure rule for coal miners Monday, rejecting industry challenges to it. The Court of Appeals for the Eleventh Circuit [Alabama, Florida & Georgia] said the Labor Department's Mine Safety and Health Administration (MSHA) followed the relevant laws in writing the 2014 rule to limit coal dust exposure, which causes black lung disease."
Sarah Ferris of the Hill: "ObamaCare will enroll significantly fewer people than expected in 2016, ending the year with about 13 million customers, the Congressional Budget Office (CBO) said Monday. The figure, which was included in an expansive budget report, is a decline of about 40 percent from last year's enrollment prediction of about 20 million people. The latest projections confirm the Obama administration's previous assessment that fewer people are signing up as the marketplace closes in on its third enrollment season -- the final one under President Obama."
** Dana Milbank: "... the Flint disaster, three years in the making, is not a failure of government generally. It's the failure of a specific governing philosophy: [Gov. Rick] Snyder's belief that government works better if run more like a business.... 'You cannot separate what happened in Flint from the state's extreme emergency-management law,' said Curt Guyette, who, working for the ACLU of Michigan, uncovered much of the scandal in Flint. 'The bottom line is making sure the banks and bond holders get paid at all costs, even if the kids are poisoned with foul river water.'... Snyder undertook an arrogant public-policy experiment, underpinned by the ideological assumption that the 'experience set' of corporate-style managers was superior to the checks and balances of democracy." Also, Jeb! is a scoundrel.
Adam Goldman of the Washington Post: How David Petraeus beat a felony rap. CW: Not mentioned: excellent lawyer, friends in the highest places.
Presidential Race
The Rube Goldberg Version of "Democracy." Ian Millhiser of Think Progress: "The Iowa caucuses make voting needlessly difficult, effectively disenfranchising large segments of the electorate. They also take place in a state that enjoys special first-in-the-nation status, despite the fact that it contains no major cities and hardly any people of color.... Unlike a primary election, where the polls typically stay open for most of a day to allow people to vote at their leisure, caucus participants typically must present themselves at 7pm if they wish to be able to vote.... The caucus itself is actually only the first order of business in a long process that includes several layers of delegates and conventions.... Giving Iowa and New Hampshire most-favored-state status, in other words, encourages candidates to pay less attention to issues that are especially relevant to voters of color."
** Jonathan Chait points out that in 2008, candidate Obama did not propose the soaring changes Bernie Sanders proposes. "Obama in 2008 benefited from the lowered ideological expectations that come with two terms out of power under a disastrous opposition president.... Here is the future president speaking in the aftermath of his shockingly large victory in Iowa: 'When we've made the changes we believe in, when more families can afford to see a doctor, when our children -- when Malia and Sasha and your children inherit a planet that's a little cleaner and safer, when the world sees America differently, and America sees itself as a nation less divided and more united, you'll be able to look back with pride and say that this was the moment when it all began.' Even in this moment of giddiness, Obama was promising gradations of progress: More families can afford to see a doctor; a little cleaner and safer planet; a nation less divided." ...
... Charles Pierce highly recommends you listen to Glenn Thrush's interview of President Obama. See yesterday's Commentariat for audio. CW: I recommend it, too. ...
John Wagner & Karen Tumulty of the Washington Post: "The two leading contenders for the Democratic presidential nomination on Monday offered contrasting views of what matters most in the Oval Office -- with former secretary of state Hillary Clinton citing her experience, and Vermont Sen. Bernie Sanders saying that his judgment has proven superior to hers." ...
... The New York Times story, by Alan Rappeport, is here. ...
... Margaret Hartmann of New York: "... on Monday night, Iowans got to compare the three Democratic candidates one last time. CNN only announced that it would televise the town hall at Drake University in Des Moines a week ago.... There were no moments that will drastically change the political landscape heading into Iowa; Bernie Sanders mainly discussed income inequality, Hillary Clinton emphasized her experience, and Martin O'Malley turned in a solid performance that will be completely overlooked." ...
... Steve M.: "I agree with James Poniewozick [of the New York Times] that overuse by the right has blunted the impact of the word 'socialist' [by constantly calling President Obama a socialist], except among people who'd never vote for a Democrat anyway.... The most striking thing about the answer Sanders gave last night was its sense of decency. I think that blunts the line of attack quite a bit.... Republicans who try to attack Sanders as a socialist may find that the word has lost its impact. 'Taxes'? That's an evergreen. That's a line of attack that never goes out of fashion."
Amy Chozick of the New York Times: In response to a question during a town-hall-style meeting in Iowa, Hillary Clinton talked about her religious faith.
Yamiche Alcindor of the New York Times: "The lawyer for the family of Walter L. Scott, who was fatally shot by a police officer in South Carolina, is withdrawing his support from Hillary Clinton and endorsing Senator Bernie Sanders of Vermont on Monday afternoon. The lawyer, State Representative Justin T. Bamberg of South Carolina, said he is switching sides because he believes Mrs. Clinton embodies establishment politics, while Mr. Sanders offers a bolder platform that will improve the lives of people in the South and across the country. The endorsement could help Mr. Sanders as he tries to win more support from black voters -- especially in South Carolina -- in the series of southern states that hold contests after Iowa and New Hampshire, where he is well positioned." ...
... MEANWHILE. Ben Kamisar of the Hill: "Bernie Sanders is launching television ads in South Carolina, looking ahead to a state that many believe is Hillary Clinton's firewall. Chris Covert, Sanders's South Carolina director, told reporters Monday that the ad campaign will cover all major media markets in the state. He said the campaign has already knocked on over 200,000 doors and made over 750,000 voter contacts to build momentum in the state." ...
... Mark Hensch of the Hill: "Ben & Jerry's co-founder Ben Cohen announced Monday he has created a new flavor celebrating Bernie Sanders's White House run.... The new flavor isn't an official Ben and Jerry's ice cream. 'Jerry and I have been constituents of Bernie Sanders for the last 30 years,' Cohen said of the longtime Vermont senator.... 'We've seen him and we believe him,' he continued.... Cohen's website describes 'Bernie's Yearning' as plain mint ice cream beneath a solid layer of chocolate on top. 'The chocolate disc represents the huge majority of economic gains that gone to the top 1 percent since the end of the recession,' the flavor's packaging states. ;Beneath it, the rest of us.' Eating instructions include taking a spoon and whacking the chocolate disc 'into lots of pieces'; mixing the chocolate pieces around; and sharing the result with 'your fellow Americans.'"
Nick Gass of Politico: "The only person who attended a late December campaign event for Martin O'Malley hampered by Iowa's harsh winter weather has decided to caucus for him. But Hillary Clinton is his second choice and likely the candidate he will eventually end up supporting in the caucus, he admitted."
Dear Purists, Your Hero Has Forsaken You. Nolan McCaskill of Politico: "Noam Chomsky would 'absolutely' choose Hillary Clinton over the Republican nominee if he lived in a swing state, but her primary challenger, Vermont Sen. Bernie Sanders, 'doesn't have much of a chance,' the MIT professor and intellectual said in a recent interview. Chomsky, who lives in the blue state of Massachusetts, said he would vote for Clinton if he lived in a swing state such as Ohio.... Chomsky cited 'enormous differences' between the two major political parties.... 'I frankly think that in our system of mainly bought elections [Sanders] doesn't have much of a chance, but if he were elected I think he would -- of the current candidates -- I think he'd be the one who would have, from my point of view, the best policies.'"
"Circular Firing Squad." Jonathan Martin & Alexander Burns of the New York Times: "Republican leaders are growing alarmed by the ferocious ways the party's mainstream candidates for president are attacking one another, and they fear that time is running out for any of them to emerge as a credible alternative to Donald J. Trump or Senator Ted Cruz of Texas.... The establishment candidates and their allies have spent approximately $35 million attacking one another, and there is no sign that they plan to relent anytime soon.... Many in the party say they believe the assault by Mr. Bush against Mr. Rubio has been particularly damaging." CW: Hilarious.
Boston Globe Editors: "New Hampshire Republicans can do their party a critical service on Feb. 9 by voting for an experienced political figure with a record of results, and thus dealing a blow to the divisive, demagogic candidates running on nativism and other political simplicities. The Globe urges them to support John Kasich, whose record as governor of Ohio shows him to be a pragmatic, fiscally responsible executive, but one who is also concerned with helping the poor." ...
... Daniel Strauss of Politico: "... the Globe's smaller, more conservative rival, the Boston Herald, endorsed New Jersey Gov. Chris Christie." ...
... Concord Monitor Editors: "For months, each Republican candidate for president has told New Hampshire voters why he or she belongs in the White House. The one with the best record to support his case is John Kasich."
Michael Finnegan of the Los Angeles Times: "With the next Republican presidential debate three days away, Donald Trump threatened Monday to boycott, saying moderator Megyn Kelly of Fox News was biased against him." ...
... Nick Gass: "Hours after indicating that he could boycott Thursday's Republican debate on Fox News based on his objections over Megyn Kelly co-moderating the event, Donald Trump signaled Tuesday that it's 'probably' safe to assume he will be in attendance." ...
... The Voices of "Real" America. Nicolle Wallace, who was Sarah Palin's "handler" in the 2008 presidential campaign, in a New York Times op-ed: "With his call to deport illegal immigrants, especially because Mexico sends us its 'bad ones,' his proposal to bar Muslims from entering the country, his emphasis on the threats to lawful gun ownership and his promise to protect American goods and workers from China, Mr. Trump is riding the wave of anxiety that Ms. Palin first gave voice to as Senator John McCain's running mate. Mr. Trump has now usurped and vastly expanded upon Ms. Palin's constituency, but the connection between the two movements is undeniable." ...
He's a liar," Trump said of Cruz, adding, "that's why nobody likes him, that's why his Senate people won't endorse him, that's why he stands in the middle of the Senate floor and can't make a deal with anybody."
He looks like a jerk, he's standing all by himself. And you know, there's something to say about having a little bit of ability to get other people to do things. You can't be a lone wolf and stand there. That's sort of what we have right now as a president.... I think actually, Ted is more strident than Obama, if you want to know the truth. Nobody gets along with Ted. At least some people like Obama. Nobody likes Ted. I don't find anybody that likes him. You talk to senators, I talk to senators who frankly want to come out and endorse me. -- Donald Trump, on Ted Cruz, speaking on "Morning Joe" today
Philip Rucker & Robert Costa of the Washington Post: "Ted Cruz, who established himself as Iowa's prohibitive favorite in early January with an intimidating show of force, is suddenly under siege one week before the caucuses as rival Republicans pummel him and as opposition to his presidential candidacy from the state’s political and business elite hardens." ...
... In Iowa, Ted Cruz's closing argument against Drumpfkovitch:
And as you know, Hugh, after Australia did that [gun buyback program], the rate of sexual assaults, the rate of rapes, went up significantly, because women were unable to defend themselves. -- Ted Cruz (R-Tex.), interview on the Hugh Hewitt Show, January 12
The rate of sexual assaults in Australia has increased slightly between 1996 and 2014, but there was no significant spike or drop after the 1996 legislative changes or buyback program.... There's no evidence that changes to gun laws in Australia affected sexual assault rates or jeopardized the ability of women to protect themselves. -- Michelle Lee of the Washington Post
... Andrew Kaczynski of BuzzFeed: Radio caller asked Heidi Cruz if she was sleeping with an immigrant.
Kyle Cheney & Daniel Strauss of Politico: "Chris Christie is touting his handling of this weekend's historic blizzard as another show of his prowess as a crisis manager and reason to make him the Republican nominee. But the New Jersey governor's political rivals are telling a different story, one of Christie's hasty return to the stump in New Hampshire while his administration is still determining the extent of storm damage back home.... The griping was aided by residents and business owners in southern New Jersey, where flooding damaged homes and businesses, who contended that Christie had downplayed the storm's impact when he said New Jersey had 'dodged a bullet' and saw little lingering flood damage." ...
... Tom Moran of the [New Jersey] Star-Ledger: "Gov. Chris Christie decreed on national TV [Monday] morning that the flood damage in South Jersey is a mirage.... As the governor spoke, the mayor of North Wildwood, Patrick Rosenello, was rushing around town Monday morning trying to clean up the mess that doesn't exist.... The governor seems to be losing his mind. He acts as if reality doesn't matter any more. In the last few weeks alone, he claimed that he abolished Common Core in New Jersey, that he never supported the nomination of Justice Sonia Sotomayor, that he never suggesting taking in any Syrian refugees. All of that is provably untrue. He also denied giving money to Planned Parenthood, and that's probably another lie. But we can't be sure because the claim comes from an unreliable source -- Christie himself, in a 1994 interview with the Star-Ledger."
Congressional Race
Brendan O'Connor of Gawker: "On Monday, Zephyr Teachout, the anti-corruption activist who threatened Andrew Cuomo from the left in the 2014 gubernatorial Democratic primary, announced her candidacy for New York's 19th Congressional District." CW: A Republican, Chris Gibson, currently represents the district.
Beyond the Beltway
Alan Blinder & Ken Otterbourg of the New York Times: "The bitter dispute about North Carolina's elections laws returned to a federal courtroom [in Winston-Salem, N.C.,] on Monday as the state's voter identification requirement went on trial. The week's proceedings will affect election practices in North Carolina, a state that has been closely contested in recent years and where voting rules could play a part in deciding tight elections, from local races to the 15 electoral votes for president. Court rulings here could also provide an early glimpse at how the federal courts might examine balloting laws in the wake of the United States Supreme Court decision that, in 2013, upended a significant component of the Voting Rights Act."
Luke Hammill of the Oregonian: "The Burns Paiute Tribe has added its name to the chorus of voices growing impatient with the federal government's low-profile response to the armed occupation of the Malheur National Wildlife Refuge. In a letter dated Friday to U.S. Attorney General Loretta Lynch, the tribe demanded that law enforcement officials stop allowing Arizona businessman Ammon Bundy and his supporters free passage to and from the federal bird sanctuary." The tribe is concerned about, among other things, the possibility of theft of tribal artifacts housed at the refuge." ...
... Jamie Williams of the Wilderness Society, in a Washington Post op-ed: "The extremists occupying the Malheur National Wildlife Refuge may have thought they were 'taking back' seized land on behalf of local ranchers. In reality, these gun-toting intruders are attempting to seize land that belongs to all of us. Their actions are nothing less than an attack on the property and the rights of the American people.... A well-funded campaign to seize and sell or lease our national public lands is alive and well in many western state legislatures, where studies are being funded with taxpayer money to try to legitimize this idea. Extremists in legislatures in Alaska, Arizona, Nevada, a href="http://www.nmlegis.gov/Sessions/13%20regular/bills/house/HB0292.PDF">New Mexico, Oregon and Wyoming, for example, have pushed bills that would severely restrict or deny public access and recreation in our national lands. The effort to privatize our public lands is being driven in part by the American Legislative Exchange Council, an organization that relies heavily on financing by the Koch brothers and revenue from the extractive industries. Now the idea has attracted new supporters in Congress...."
Richard Winton & James Queally of the Los Angeles Times: "The escape from Orange County's largest jail probably took only a few minutes. But it took 16 hours for jailers to realize that three dangerous inmates had broken out of the Santa Ana lockup. This gap gave the men a huge head start on their pursuers, who on Monday continued a sweeping but unsuccessful dragnet."
Monica Davey & Mitch Smith of the New York Times: "A man who was fatally shot by the police in December as he emerged from a home with a baseball bat had called 911 seeking help from the police three times in the minutes before the shooting, but was met with curt dispatchers, according to audio of the calls made public on Monday. One of the dispatchers hung up on him when he was unwilling to elaborate on what was wrong.... [Quintonio] LeGrier ... was shot six times after the police pulled up outside his father's home a few minutes after the calls. Bettie Jones, a neighbor who had gone to answer a shared front door of the home, was also shot and killed. Ms. Jones was shot once in the chest, and the police have apologized for her death and said it was an accident."
One More Sarah Palin Thing. Jackie Kucinich of the Daily Beast: "According to Federal Election Commission reports, in the first six months of last year, Sarah PAC -- Palin's organization that purports to be dedicated 'to help[ing] elect principled, conservative leaders' spent $16,062 on a private charter in Jackson, Wyoming, $3,855 on a 'car and driver' in Long Island City, New York, and a total of $4,364 at La Playa Hotel in Naples, Florida. So as much as Palin rages against the Washington political machine, the consultant class and all the 'elites,' the spending by Sarah PAC shows that it remains the same lifestyle-fundin', consultant-payin' organization it has been since she launched it in 2009."
News Ledes
New York Times: "Abe Vigoda, the sad-faced actor who emerged from a workmanlike stage career to find belated fame in the 1970s as the earnest mobster Tessio in 'The Godfather' and the dyspeptic Detective Phil Fish on the hit sitcom 'Barney Miller,' died on Tuesday morning in Woodland Park, N.J. He was 94, having outlived by about 34 years an erroneous report of his death that made him a cult figure."
Washington Post: "Concepcion Picciotto, the protester who maintained a peace vigil outside the White House for more than three decades, a demonstration widely considered to be the longest-running act of political protest in U.S. history, died Jan. 25 at a housing facility operated by N Street Village, a nonprofit that supports homeless women in Washington. She was believed to be 80."