The Commentariat -- August 6, 2015
Internal links removed.
Erik Eckholm of the New York Times: "A federal appeals panel ruled Wednesday that a strict voter identification law in Texas discriminated against blacks and Hispanics and violated the Voting Rights Act of 1965 -- a decision that election experts called an important step toward defining the reach of the landmark law.... The appeals panel said Wednesday that because illegal intent to discriminate had not been established -- in passing the law, legislators declared an interest in preventing voter fraud -- the district court in Texas should seek ways to alter the voter law short of overturning it entirely. The state could, for example, reinstate the acceptance at the polls of certain forms of identification that may be more easily available." ...
... Rick Hasen: "This is a narrow but important victory coming on the eve of the 50th anniversary of the passage of the Voting Rights Act.... It is quite possible that Texas will try to take this case en banc to the full 5th Circuit, or perhaps to the Supreme Court. It is also possible that Texas would let this play out in another round at the district court and then appeal, but that seems less likely. This also strikes me as an opinion written as narrowly as possible to still give a victory to the plaintiffs."
How to Get Voting Rights through a GOP Congress. Rick Hasen in Slate: "A strengthened Voting Rights Act should start with this proposition: When the state has no good reason for making it harder for people to register and vote, doing so should be illegal. If we can get Congress to acknowledge this fundamental point, we won't have to worry about parsing racial or partisan intent.... Voting rights will be protected without having to prove Republican racism. We will protect not just minority voters but student voters, military and overseas voters, poor voters, and voters who move around a lot and lose their registrations.... A colorblind amendment to the act seems like the only path through a Republican Congress to adding voting rights protections for the next 50 years of the Voting Rights Act.
Brian Murphy of the Washington Post: "President Obama took sharp aim at critics of the Iran nuclear deal on Wednesday, saying many of those who backed the U.S. invasion of Iraq now want to reject an accord that showed America's ability to work with partners rather than push ahead with potentially dangerous unilateral action." (Also linked yesterday afternoon.)
Wherein the President explains international relations in the way that even your Uncle Fred & Tom Cotton, could understand:
... New York Times Editors: "President Obama on Wednesday made a powerful case for the strong and effective nuclear agreement with Iran.... Mr. Obama's defense of the deal, which is designed to prevent Iran from obtaining a nuclear weapon in exchange for relief from sanctions, was blunt and forceful. He likened Republicans to Iranian hard-liners.... The speech was so trenchant because Mr. Obama ably connected the opposition to the Iran agreement to recent history." ...
... Rosie Gray of BuzzFeed: "President Obama told Jewish leaders Tuesday that he'll talk to the Israeli press next month to sell the Iran deal in Israel, according to two sources who attended the meeting."
Norm Ornstein in the Atlantic makes a compelling case that when Congress returns in September, it will be in perpetual crisis mode: "... expect the slew of angry-populist presidential candidates, some of them sitting senators, including [Donald] Trump, Cruz, Mike Huckabee, Rick Santorum, Ben Carson, Carly Fiorina, and others, to push Congress to toughen up, stare Obama and his Democrats down, and push for confrontation" on a host of issues, which now includes defunding Planned Parenthood. CW: Better not plan to visit Washington, D.C., this fall.
CW: Katha Pollitt of the Nation agrees with a comment I made here yesterday. In a New York Times op-ed, Pollitt writes, "On the issue of fetal-tissue research, we need to hear loud and clear from the scientific community. Anti-abortion activists are calling for a ban on this research, which ironically is used primarily to find treatments for sick babies. Will scientists let that happen?" Pollitt also urges women, their families & doctors to speak up for abortion & abortion rights. ...
... Amanda Marcotte of Alternet, republished in Salon, has a useful & informative guide on how to counter arguments against Planned Parenthood. "... conservative talking points are easy to debunk, but it's also important not to get so much in the weeds that you forget the larger point: The assault on Planned Parenthood is not about the videos at all, but a larger war on women being waged by conservatives.... The real goal is to make it harder for women -- especially low-income women -- to have happy, healthy sex lives.
AP: "Police must get a search warrant to obtain records about cellphone locations in criminal investigations, a federal appeals court ruled Wednesday. The American Civil Liberties Union said the decision by a three-judge panel of the fourth US circuit court of appeals conflicts with two other federal appeals court rulings and increases the possibility that the US supreme court will take up the issue. Attorneys last week asked the supreme court to review an appeals court ruling in a Florida case that said search warrants are not required."
Linda Greenhouse: "In Batson v. Kentucky, decided in April 1986, the [Supreme C]ourt ruled that prosecutors could be required to provide a race neutral explanation when their use of peremptory challenges to strike black potential jurors raised an inference of discrimination.... But the open secret is this: Batson hasn't really worked.... Blacks are still being excluded from juries at disproportionate rates, especially when the defendant is black and the crime victim is white." The Supreme Court has finally agreed to hear one egregious case of bias against black jurors. "What if we abolished peremptory challenges? There is nothing in the Constitution that requires them.... There clearly aren't five votes on the Supreme Court to abolish peremptory challenges. But just as clearly, their continued existence threatens to erode even further the public's confidence in the fairness of the criminal justice system, already stretched to near the breaking point."
Anna Palmer & Jeremy Herd of Politico: "Combined, Boeing and GE have halted political contributions to more than a dozen Republican lawmakers opposed to reauthorizing the [Export-Import] bank, after cutting checks to those lawmakers during the 2014 election cycle.... And an additional 17 Ex-Im opponents that received contributions in 2014 from one of GE's political action committees have gotten nothing this year from either company.... The battle over Ex-Im is the latest example of the GOP splitting with the business community."
Sam Byford of the Verge: John Hersey's "Hiroshima is one of the most remarkable works of journalism ever published. Its narrative non-fiction style was unusual for the time [1946], but even more striking was the way Hersey humanized the Japanese victims with sensitivity and dignity so soon after barrages of wartime propaganda had portrayed them as barbarians.... Albert Einstein reportedly ordered a thousand copies to spread the word, and several newspapers serialized it; Hersey asked them to donate to the American Red Cross rather than pay him." Read Hersey's essay here. It took up most of the New Yorker's August 31, 1946 issue.
Presidential Race
Scott Kauman of Salon: Megyn Kelly, one of the Fox "News" debate questioners, says Fox has a secret plan to keep Donald Trump in his place (um, would be center stage), should he fail to follow debate rules. ...
... Kaufman & Benjamin Wheelock do a send-up of the GOP slate: "What if the Democratic presidential primary were as bizarre as the GOP one currently is?" Their satirical take is totally unfair; unlike one candidate in their hypothetical Democratic primary, none of the GOP candidates is currently incarcerated.
Hillary's Trump Card. Robert Costa & Anne Gearan of the Washington Post: "Former president Bill Clinton had a private telephone conversation in late spring with Donald Trump at the same time that the billionaire investor and reality-television star was nearing a decision to run for the White House, according to associates of both men. Four Trump allies and one Clinton associate familiar with the exchange said that Clinton encouraged Trump's efforts to play a larger role in the Republican Party and offered his own views of the political landscape.... The call came as Trump was making a final decision about whether to run, and he was candid about his political ambitions and his potential interest in seeking the White House during the talk.... Clinton never urged Trump to run, the four people said." ...
Yay! Steve M. Has a Conspiracy Theory: "... the lead author is Robert Costa, who used to write for National Review and whose sources include many prominent Republicans. I assume the party has been saving this up for the eve of the first debate and fed it to Costa. But will Republican voters get the intended message -- that Trump is a traitor deployed by the evil Clintons to divide the GOP and guarantee Hillary's election? The fact that four 'Trump allies' confirmed the story tells me that either Trump isn't worried about that possibility or his 'allies' are very, very stupid.... On Twitter, Maggie Haberman of The New York Times has said that the call was recorded."
... Paul Krugman: "It's true that Trump isn't making sense -- but neither are the mainstream contenders for the GOP nomination. On economics, both Jeb Bush and Scott Walker are into deep voodoo. Bush takes his experience of presiding over a giant housing bubble in his state, as proof that he can double America's underlying growth rate. Walker is Brownback-light: his governorship on Wisconsin was premised on the proposition that tax cuts, spending cuts, and union-bashing can create an economic miracle, but the reality is budget deficits and subpar growth, lagging in particular the performance of neighboring Minnesota.... I'm not denying that Trump is a clown, an absurd figure. But given his party's field, that's not a distinctive judgment." ...
... Andrew Kaczynski, et al., of BuzzFeed: "Donald Trump's presidential campaign ended its relationship with an Arizona-based politico Tuesday evening after BuzzFeed News asked about Islamophobic Facebook posts he wrote and racially charged Facebook posts about Barack and Michelle Obama. Asked by BuzzFeed News about Aaron Borders, who identified himself on various social media profiles and his LinkedIn as Trump's Arizona state director, the Trump campaign originally falsely denied that he had any connection to the campaign. But audio recordings provided by Borders to BuzzFeed News show Trump Campaign Manager Corey Lewandowski informing Borders of the campaign's intent to hire him. In a second recording, Lewandowski tells Borders that he is going to fire him over the Facebook posts, and in a third recording delivers a threat 'to sue your fucking ass to next year.' Trump fired a longtime aide last week after Business Insider unearthed racially charged Facebook posts." ...
... CW: It appears "I'm going to sue your fucking ass to next year," is the default method of handling any little unpleasantness that may come the way of the Donald. In Trumpspeak, it is of a piece with, yet a lesser threat than "I'm going to mess your life up ... for as long as you're on this frickin' planet." You can see why Trump appeals to the lumpenproletariat of the right; he is the Tony Soprano of presidential candidates: a loudmouthed, garish, sociopathic mob boss with a family of wiseguys to whack anyone who annoys him. There are millions of angry people out there who wish they had the wherewithal to be more like Tony & Trump. ...
... Scott Keyes of Think Progress: "Republican presidential frontrunner Donald Trump regularly calls for getting rid of gun-free zones. However, if the real estate magnate is to succeed in his quest, he'll have to start with places like Trump-branded hotels and golf courses.... ThinkProgress spoke with a number of hotels and golf courses in the Trump empire and found that multiple locations were gun-free zones, even for guests with concealed-carry permits." CW: Nice catch, Scott, but the inconsistency between Trump's policies & his corporate practices is entirely consistent with Republican Rule IOKIYAR. ...
... James Surowiecki of the New Yorker: P. T. "Barnum's key insight into how to arrest public attention was that, to some degree, Americans enjoy brazen exaggeration. No American businessman since Barnum has been a better master of humbug than Trump has.... [Trump's] bizarre blend of populist message and glitzy ways has allowed him to connect with precisely the voters that any Republican candidate needs in order to get elected (including many whom Romney couldn't reach)."
Glen Thrush & Alex Isenstadt of Politico: "Jeb Bush ... was as surprised as anybody when Donald Trump jumped into the 2016 presidential race in June.... Like everyone else, Bush soon found Trump impossible to ignore.... 'Seriously, what's this guy's problem?' he asked one party donor he ran into recently according to accounts provided by several sources close to Bush -- and he went on to describe the publicity seeking real estate developer now surging in public polls far ahead of Bush and all the 15 others in the Republican field as 'a buffoon,' 'clown' and 'asshole.'" Whatever Bush wants to call Trump, the most accurate appellation ... is the label that should have been Bush's: 'frontrunner.'"
The Sound of Rich People Clapping. Ken Vogel of Politico: "Wisconsin Gov. Scott Walker won a surprising nod in an informal straw poll of major conservative donors gathered by the Koch brothers' operation last weekend in Orange County, California, according to sources familiar with the gathering. In a closed-door session that included about 100 donors, Republican pollster Frank Luntz asked donors to clap to indicate their choice for the Republican Party's nomination. While Luntz did not formally track or announce the results, sources say it was clear that Walker got the most applause, followed by former Florida Gov. Jeb Bush and Florida Sen. Marco Rubio, who received roughly the same amount of applause.... Walker's presentation on Saturday did not exactly electrify the crowd, though it seemed generally well-received." CW: No doubt what they find so attractive in the Scottie Puppet is how lightweight he is: they can pull his string with remarkably little effort. ...
... Freeedom & the One Percent. Alele Stan in the American Prospect: At last weekend's Koch Konfab, Jeb! was his awkward self, but he said something that surely pleased his lovely hosts who own "the second-largest privately held corporation in the United States":
The one that is unique to America? Private property rights. Private property rights.... And you know what the second was? Private business. Not a public company ... a private business. Because a private business, by the way, through trial and error, they can do what they want. They don't have to worry about the quarterly returns, and get on the call to listen to shareholders or analysts say why it's stupid to be spending money on something that may be out of the ordinary. -- Jeb!
... Stan: As president, Bush would help these secretive companies "do what they want."
Alan Rappeport of the New York Times: "A supporter and former close adviser to Senator Rand Paul has been charged with hiding secret payments to secure the endorsement of an Iowa lawmaker during the 2012 presidential campaign of his father, former Representative Ron Paul, the Justice Department said on Wednesday. Jesse Benton, who was Ron Paul's presidential campaign manager, is accused of paying more than $70,000 to Kent Sorenson, a former Iowa state senator, to win his support ahead of the state's caucuses in 2012. Mr. Sorenson had been backing former Representative Michele Bachmann but later switched to support Mr. Paul." ...
... Sean Sullivan, et al., of the Washington Post: "Jesse Benton, a longtime ally of Sen. Rand Paul (R-Ky.) who is heading up a super PAC supporting his presidential campaign, has been indicted by a federal grand jury.... Two other former Ron Paul campaign officials were indicted, including John Tate, who was Ron Paul's campaign manager and is now also involved with heading up the pro-Rand Paul super PAC; and Dimitri Kesari, who was Ron Paul's deputy national campaign manager.... Both Ron Paul and a spokesman for Rand Paul issued statements accusing the Justice Department of a politically-motivated attack.... Benton is married to the granddaughter of Ron Paul, Rand Paul's father."
Gubernatorial Race
Alan Yuhas of the Guardian: "A Mississippi truck driver who claims to have spent no money on his campaign won a nomination to be governor early Wednesday morning. Robert Gray, 46, reported spending zero dollars on his campaign to become the Democratic party's nominee for governor, and defeated two rivals with 51% of the vote. He told the Associated Press that he did not vote on Tuesday 'because he was busy'.... 'I know my two opponents, they campaigned real, very hard. But still they wasn't getting to the mass majority of people.'... He said that his family did not know he was running for office. The state Democratic party has said it has contacted Gray, and Mississippi public radio reported that the unexpected nominee was quickly shuffled behind closed doors at the party headquarters in Jackson." CW: Sounds like an excellent candidate. ...
... R. L. Nave of the Jackson Free Press: "Gray said he plans to stay in the race until November and wants to debate Gov. Phil Bryant. At his own party, Bryant walked out clad in cowboy boots and a smile to the cheers of family, friends and patrons as the predictable results came that he would represent the GOP as their nominee for Mississippi governor."
Beyond the Beltway
Cindy Chang & Joel Rubin of the Los Angeles Times: "Capping years of scandal, the Los Angeles County Sheriff's Department has agreed to federal oversight and to sweeping reforms aimed at ending deputy abuse of inmates as well as improving chronically poor treatment for mentally ill inmates. The agreement announced Wednesday establishes an independent monitor who will make sure the reforms are carried out. Richard Drooyan, a former Los Angeles Police Commission president who served on a blue-ribbon commission that was highly critical of Sheriff's Department operations, was appointed to be the monitor."
Josh McElveen of WMUR Manchester: "New Hampshire's Republican-led Executive Council rejected $639,000 in state funding for Planned Parenthood along party lines Wednesday amid a renewed national debate over whether the organization should receive public money.... The contract rejection will cut Planned Parenthood's public funding by about one-third in New Hampshire, officials said, as the organization will still receive federal money. Both [Gov. Maggie] Hassan [D] and Jennifer Frizzell, vice president for public policy at Planned Parenthood of Northern New England, said the loss of the state contract will result in diminished services." The deciding vote came from Chris Sununu, a son of John, who claims to be pro-choice but who is evidently tacking right in a run-up to a gubernatorial bid.
Mark Berman of the Washington Post: "A man armed with a hatchet attacked a movie theater in the Nashville area on Wednesday afternoon before he was shot and killed by police officers, authorities said. One man was injured by the hatchet. That man and two other people also needed treatment after being 'blasted with pepper spray' by the attacker, said ... a Nashville police spokesman."
Jade Helm, Ctd. AP: "Investigators are questioning a person of interest after shots were reportedly fired a second consecutive day near a military facility in southern Mississippi, officials said Wednesday. There were no reported injuries.... The description of the shooter was the same in both instances, Patterson said: a white male in a red pickup truck.... Earlier reports that two people were involved proved to be wrong...." ...
... Abby Phillip of the Washington Post: "How federal agents foiled a murderous Jade Helm 15 retaliation plot" where in three men planned "to lure government forces into a trap, federal officials say, and were amassing a stockpile fit for war.... Federal officials say three North Carolina men -- Walter Eugene Litteral, 50; Christopher James Barker, 41; and Christopher Todd Campbell, 30 -- spent months compiling their cache, much of it purchased through a military surplus store owner who became so concerned about the plot that the person became the FBI's informant."
Jim McLean, KCUR, Kansas City: "Kansas Gov. Sam Brownback's administration will not follow through on plans to limit welfare recipients to cash withdrawals of $25 per day. Phyllis Gilmore, secretary of the Kansas Department for Children and Families, said Tuesday that federal officials objected to the limit, saying that it would prevent needy families from having 'adequate access to their cash assistance.'... Gilmore said in a news release, 'This was an amendment offered during legislative debate. At the time of discussion on the floor, DCF advised against such a low limit. I'm pleased that we now have the guidance we needed to rescind this measure.'" Via Think Progress.
News Ledes
New York Times: "A Stradivarius violin that disappeared without a trace after it was stolen in 1980 from the violin virtuoso Roman Totenberg has been found, and is being restored to his family, said one of his daughters, Nina Totenberg. Ms. Totenberg, the legal affairs correspondent for NPR news, reported the discovery of her father's stolen violin on Thursday morning on NPR's 'Morning Edition.' She said in an interview that law enforcement officials were planning to hold a news conference about it in New York on Thursday afternoon.... Ms. Totenberg said that the woman had inherited the violin from the man Ms. Totenberg's father had suspected all along of stealing the instrument."
AP: "What initially appeared to be another mass shooting at a [Nashville] movie theater ended up being an attack by a disturbed homeless man who wasn't armed with a real gun and was eventually shot and killed by police."
AP: "Japan marked the 70th anniversary of the atomic bombing of Hiroshima on Thursday, with Mayor Kazumi Matsui renewing calls for U.S. President Barack Obama and other world leaders to step up efforts toward making a nuclear-weapons-free world. Tens of thousands of people stood for a minute of silence at 8:15 a.m. at a ceremony in Hiroshima's peace park near the epicenter of the 1945 attack, marking the moment of the blast. Then dozens of doves were released as a symbol of peace."
Washington Post: "The United States has begun conducting airstrikes over Syria from a base in southern Turkey, the Pentagon said Wednesday, opening a new front in the Obama administration's air war against the Islamic State."
New York Times: "Bill Cosby will be questioned under oath in October in a second case involving accusations that he sexually assaulted a young woman, a judge said on Wednesday. The deposition of Mr. Cosby, 78, in the case involving Judy Huth, a California woman who said she was molested by the entertainer in 1974, when she was 15, was allowed to go forward last month, when the California Supreme Court denied Mr. Cosby's petition for review."