The Commentariat -- July 30, 2014
Internal links removed.
** Spencer Hsu of the Washington Post: "Nearly every criminal case reviewed by the FBI and the Justice Department as part of a massive investigation started in 2012 of problems at the FBI lab has included flawed forensic testimony from the agency, government officials said. The findings troubled the bureau, and it stopped the review of convictions last August. Case reviews resumed this month at the order of the Justice Department, the officials said."
Alexander Bolton of the Hill: "Senate Majority Leader Harry Reid (D-Nev.) said Tuesday that if the House passes a $659 million border bill with policy changes, he could use it as a vehicle for comprehensive immigration reform. Speaker John Boehner (R-Ohio) is trying to round up enough votes for a pared-down border bill that spends far below the president's request for $3.7 billion and includes policy changes to speed the deportation of illegal minors from Central America. Reid said the policy changes would give him an opportunity to attach the comprehensive immigration reform bill that the Senate passed last year with the support of 14 Republicans." ...
... CW: Gee, I wonder if John Boehner, who has repeated claimed he wanted to pass comprehensive immigration reform, will work with Reid on this? ...
... Steven Dennis of Roll Call: "Speaker John A. Boehner vowed the House would not allow the Senate to add any 'comprehensive immigration reform bill or anything like it, including the DREAM Act' to the House's $659 million border bill Tuesday. 'Senator Reid, embarrassed that he cannot strong-arm the Senate into passing the blank check President Obama demanded, is making a deceitful and cynical attempt to derail the House's common-sense solution,' the Ohio Republican said in a statement...." ...
... Erica Werner of the AP: "Even as they grapple with an immigration crisis at the border, White House officials are making plans to act before November's mid-term elections to grant work permits to potentially millions of immigrants who are in this country illegally, allowing them to stay in the United States without threat of deportation, according to advocates and lawmakers in touch with the administration. Such a large-scale move on immigration could scramble election-year politics and lead some conservative Republicans to push for impeachment proceedings against President Barack Obama, a prospect White House officials have openly discussed."
Ramsey Cox of the Hill: "The Senate on Tuesday sent a highway bill back to the House with changes, putting the legislation up in the air with only three days left to act before the August recess. The Senate voted 66-31 to amend the House's $10.9 billion funding bill so that the funding only lasts until Dec. 19. That would force lawmakers to pass another extension in the lame-duck session after the election."
Richard Oppel of the New York Times: "The Senate voted unanimously on Tuesday to confirm Robert A. McDonald, the 61-year-old former chief executive of Procter & Gamble, to take the helm of the sprawling and embattled Department of Veterans Affairs after a scandal over the manipulation of patient wait-time data led to the ouster two months ago of Eric Shinseki."
Steven Greenhouse of the New York Times: "The general counsel of the National Labor Relations Board ruled on Tuesday that McDonald's is jointly responsible for workers at its franchisees' restaurants, a decision that if upheld would disrupt longtime practices in the fast-food industry and ease the way for unionizing nationwide. Richard F. Griffin Jr., the labor board's general counsel, said that of the 181 unfair labor practice complaints filed against McDonald's and its franchisees over the last 20 months, he found that 43 had merit on such grounds as illegally firing or threatening workers for pro-union activities."
Griff Witte of the Washington Post: "The European Union on Tuesday overcame months of misgivings about forcefully confronting Russia and unleashed a wave of tough economic sanctions intended to push Moscow into backing down from its destabilizing role in eastern Ukraine. President Obama immediately followed the European action by announcing a new round of U.S. sanctions that he said would impact 'key sectors of the Russian economy,' including 'energy, arms and finance.'"
Bradley Klapper & Donna Cassata of the AP: "Democrats and Republicans in Congress vowed urgent support Tuesday for a $225 million missile defense package for Israel, boosting the likelihood that legislation will clear Congress before lawmakers begin a monthlong vacation at week's end.... Amid a daily barrage of Palestinian rocket fire, Israel's Iron Dome missile defense system has been credited with knocking hundreds of missiles out of the sky. While the Obama administration has pressed for a cease-fire, it also has backed Israel's desire to replenish its missile defense stockpiles. Defense Secretary Chuck Hagel extended Israel's request to Congress last week."
William Booth & Ruth Eglash of the Washington Post: "Domestic support for [Israeli PM Benjamin Netanyahu]'s prosecution of the war in Gaza, which has left more than 1,200 Palestinians dead, has only grown over the past three weeks, as the Israeli public and political class rally behind an aggressive, definitive campaign against Hamas and its rockets and tunnels. The deep support among Israelis, from left to right, for the military's Gaza offensive and Netanyahu's leadership is almost unprecedented, political analysts say.... Analysts say the current Gaza offensive is more popular than past major military campaigns -- in 2008-2009 and in 2012 -- because more Israelis are now under the threat of more powerful rocket fire from Gaza.... But the Israeli military's discovery of more than 30 tunnels, built and used by Palestinian militants to enter Israel and attack soldiers, has particularly shocked the Israeli public and galvanized support for the war." ...
Ilene Prusher of Time: "Israeli officials have said in the past week that their main goal in the war against Hamas in Gaza is to destroy as many of what it calls 'terror tunnels,' the underground passages built by the militant group that have repeatedly been used to infiltrate Israel. But following a day in which Hamas militants managed to kill 10 Israeli soldiers, Israel responded Tuesday with massive air strikes that seemed aimed at both major infrastructure as well as the visible symbols of Hamas's power in the Gaza Strip." ...
... Jonathan Chait writes a thoughtful piece titled, "Why I Have Become Less Pro-Israel." ...
... Paul Waldman in the American Prospect, on being "pro- or anti-Israel": "... once you step outside it and stop worrying about which team you're on, it can become easier to see things clearly."
Oleksandr Savochenko of AFP: "When Ukraine's military offensive to oust pro-Russian rebels from the restive east began in mid-April with humiliated soldiers meekly surrendering their armoured vehicles it looked doomed to failure. But after more than three months of brutal fighting that has claimed some 1,100 lives, a sudden advance by battle-hardened government forces in recent weeks has seen them snatch back a string of key towns and left the once confident insurgents scrambling." ...
... Timothy Heritage of Reuters: "With an about-turn all but impossible for [Russian Presidnet Vladimir] Putin after a fierce media campaign that has demonized the West, painted Ukraine's leaders as fascists and backed the rebels to the hilt, he appears to have passed the point of no-return."
Paul Waldman in the Washington Post: "Boehner and other Republican leaders are now trying to walk an impossible tightrope. On one hand, they're arguing that they have no interest in impeaching the president -- they know that it would be a political catastrophe if they did -- and any suggestion to the contrary is nothing but Democratic calumny. On the other hand, they're arguing that Obama is a lawless tyrant who is trampling on the Constitution.... Like so many of their problems, this one has its roots in the uncontrollable Tea Party beast that they nurtured but can't control." ...
... Jonathan Capehart: John Boehner calls impeachment talk a "scam" emanating from the White House, but House GOP leaders refuse to say they've taken impeachment "off the table." ...
... Sahil Kapur of TPM: "President Barack Obama's promised executive actions on immigration are shaping up to put Speaker John Boehner in a bind between the passions of his conservative base and the GOP's long-term viability as a national party."
... Bob Cusack of the Hill: "A Republican congressman opposes legislation that would authorize a lawsuit against President Obama for his executive actions. Rep. Walter Jones (R-N.C.) told The Hill that the lawsuit, spearheaded by Speaker John Boehner (R-Ohio), is 'theater, is a show.'
CW Interlude: Hey, Jones sounds like the rare reasonable Republican here, doesn't he? But wait, there's more:
"'Why not impeach instead of wasting $1 million to $2 million of the taxpayers' money? ... If you're serious about this, use what the founders of the Constitution gave us,' Jones said.... Other Republicans who have expressed support for impeachment include Reps. Louie Gohmert (Texas), Steve Stockman (Texas) and Michele Bachmann (Minn.). Pressed on the lack of support in the House Republican Conference for impeachment, Jones said, 'That's why the Republican Party is in trouble.'" ...
... Steve M. "Boehner is winning this one. He may still lose if Obama makes an immigration move and the crazies howl for impeachment. But he's also giving them a reason not to."
Greg Sargent has a good explanation of how the language on which Halbig hangs ended up in the final bill. This explanation completely undercuts the Halbig plaintiffs' argument. CW: Not that it matters. If this case gets to the Supreme Court, I'll be surprised if the Ideologues show the slightest interest in facts & reason. ...
... Brian Beutler of the New Republic questions the integrity of conservative healthcare reporters who have suddenly become "Halbig Truthers," often contradicting their own earlier reporting.
Sofia Resnick of RH Reality Check: "When a very pregnant Felicia Allen applied for medical leave from her job at Hobby Lobby three years ago, one might think that the company best known for denying its employees insurance coverage of certain contraceptives -- on the false grounds that they cause abortions -- would show equal concern for helping one of its employees when she learned she was pregnant. Instead, Allen says the self-professed evangelical Christian arts-and-crafts chain fired her and then tried to prevent her from accessing unemployment benefits.... Her allegations -- as well as those brought by other former Hobby Lobby employees -- call into question the company's public claims when it comes to protecting life and operating its business with Christian values. Additionally, they highlight a practice by which Hobby Lobby prevents its employees from seeking justice through the courts." ...
... Erik Loomis of Lawyers, Guns & Money: "... forcing employees to sign documents waiving their right to sue the company in order to be hired should be as illegal as the yellow-dog contract. I would ask how something like that is even legal in this nation, but of course I already know why -- because corporations control our lives in ways they have not in a century." ...
... CW: I don't see any inconsistency here. The Hobby Lobby Corporate Person does not believe in unemployment insurance. After all, "the Lord helps them that help themselves." (Okay, that's a Greek [or other ancient] saying with no Biblical equivalent, but the Hobby Lobby Corporate Person has a First Amendment right to its own special beliefs.) Those Hobby Lobby moms should have thought of that. And also too, the HLCP does not believe anyone should sue it, as it believes it is infallible. In support of that theology, I would note that the HLCP has god-like characteristics -- for instance, an ordinary mortal cannot see it & must infer its existence from the testimonials of the Five Dancing Supremes.
David Frum, former Dubya speechwriter, in the Atlantic: "... for all its merits, the [Paul] Ryan [poverty] plan is backward-looking.... The proposal is premised on a way of thinking about poverty that made excellent sense a decade ago -- but that is not equal to the more difficult circumstances of today." [Next,a graf about Bush's marvelous "compassionate conservative..., faith-based initiative."] "Ryan's anti-poverty proposals ... start from an assumption that poverty is an unusual and marginal issue in U.S. society.... Unless Ryan has utterly repudiated his previous budget plans, his ... [proposals] do imply large cuts in other forms of means-tested assistance, most likely food stamps and Medicaid." CW: Frum goes on to make his own proposals, which are TERRIBLE. ...
... More on David Frum from Bag News: "Defending Israel with the objectivity and intensity of the Bush speech writer he once was, David Frum, the Senior Editor at the Atlantic, alleged to his 100k Twitter followers on Thursday (not once, but eight times) that the NYT, Reuters (and AP, apparently in collusion, too) had staged a photo in a Gaza hospital." You'll have to read the whole post to see why Frum just might be wrong. CW: It is quite difficult to take conservatives seriously, even when you try. ...
... Kristen Hare of Poynter: "The New York Times says Atlantic senior editor David Frum is incorrect to claim that some photos taken in Gaza last week were faked or staged. 'David Frum's claims are false,' Times spokesperson Eileen Murphy told Poynter. Frum sent several tweets last week claiming the photos were faked."
CW: Here's something I missed while driving. Matt George of the National Constitution Center: "Last Saturday, the U.S. Court of Appeals for the D.C. Circuit ruled that the city [of Washington, D.C.] cannot prohibit individuals from carrying firearms in public."
Not with a Bang but a Whimper. Jake Sherman & Anna Palmer of Politico on Eric Cantor's final days as House Majority Leader.
Beyond the Beltway
Campbell Robertson of the New York Times: "A federal appeals panel on Tuesday blocked a Mississippi law that would have shut down the only abortion clinic in the state. The three-judge panel for the United States Court of Appeals for the Fifth Circuit, in New Orleans, ruled by 2 to 1 that in closing the state's sole clinic, Mississippi would have shifted its constitutional obligations to neighboring states. Closing the clinic, the court said, would place an undue burden on a woman's right to seek an abortion. The ruling upholds a preliminary injunction...."
Chris Geider of BuzzFeed: "After Boulder County Clerk Hillary Hall had been issuing marriage licenses to same-sex couples for more than a month, the Colorado Supreme Court on Tuesday ordered her to stop doing so for the time being. Hall's office reported Tuesday that it granted 202 licenses to same-sex couples since starting doing so last month."
Steve Pardo & Christine Ferretti of the Detroit News: Detroit "Mayor Mike Duggan vowed Tuesday to help customers who can't afford to pay their water bills, while holding those who can accountable as he began to take over responsibility for the city's Water and Sewerage Department. Duggan's statements to help 'the truly needy' came after Emergency Manager Kevyn Orr decided Tuesday to let the mayor assume more control over the department -- something the mayor has pursued to help solve regional and city rifts on water policy." ...
... ** Detroit as a Platonic Experiment. Jason Stanley, a philosophy professor, writes a compelling New York Times op-ed on the "emergency management" of Detroit. CW: This might be the best piece of "applied philosophy" I've ever read.
Virginia Is for Extramarital Lovers. Matt Zapotosky & Julian Jouvenal of the Washington Post: "The marriage of former Virginia governor Robert F. McDonnell and his wife Maureen had 'broken down' and the first lady had developed a crush on the man who is the star witness at the couple's high-profile corruption trial, her attorney said Tuesday.... [Maureen's attorney William] Burck told jurors Maureen McDonnell was not a wife scheming with her governor husband so they could enrich themselves; she was instead a woman craving attention as her own marriage soured.... It's clear ... that the first couples' deteriorating marriage will be central to their claims of innocence and the trial will delve into painful detail about their relationship." ...
... More from Trip Gabriel of the New York Times on Bob McDonnell's My-Wife-Is-a-Tramp defense.
News Ledes
New York Times: "The United States economy rebounded heartily in the spring after a dismal winter, the Commerce Department reported on Wednesday, growing at an annual rate of 4 percent from April through June and surpassing economists' expectations. In its initial estimate for the second quarter, the government cited a major advance in inventories for private businesses, higher government spending at the state and local level and personal consumption spending as chief contributors to growth."
Guardian: "At least 19 Palestinians were killed and about 90 injured early on Wednesday when a UN school sheltering people was hit by shells during a second night of relentless bombardment that followed an Israeli warning of a protracted military campaign. Gaza health officials said at least 43 people died in intense air strikes and tank shelling of Jabaliya, a neighbourhood of Gaza City. The death toll included the people at the school who had fled their own homes." ...
... AP Update: "Israel unleashed its heaviest air and artillery assault of the Gaza war on Tuesday, destroying key symbols of Hamas control, shutting down the territory's only power plant and leaving at least 128 Palestinians dead on the bloodiest day of the 22-day conflict. Despite devastating blows that left the packed territory's 1.7 million people cut off from power and water and sent the overall death toll soaring past 1,200, Hamas' shadowy military leader remained defiant as he insisted that the Islamic militants would not cease fire until its demands are met."
Los Angeles Times: "Pacific Gas & Electric was charged Tuesday with lying to regulators during the immediate aftermath of the deadly 2010 pipeline explosion that killed eight people and ravaged a San Bruno, Calif., neighborhood. The new indictment includes obstruction charges related to what the company said about its records immediately after the incident, according to a release from the Northern District of California U.S. attorney's office. The filing comes three months after an April indictment claimed that PG&E violated federal pipeline safety laws."
Los Angeles Times: "A top Los Angeles utility official faced tough questions Tuesday night about the response to a massive pipe break that flooded UCLA and surrounding areas with millions of gallons of water and threatened the near-term use of Pauley Pavilion. The rupture of the 90-year-old main sent a geyser shooting 30 feet in the air and deluged Sunset Boulevard and UCLA with 8 million to 10 million gallons of water before it was shut off more than three hours after the pipe burst, city officials said."
Reuters: "Militant fighters overran a Libyan special forces base in the eastern city of Benghazi on Tuesday after a battle involving rockets and warplanes that killed at least 30 people. A special forces officer said they had to abandon their main camp in the southeast of Benghazi after coming under sustained attack from a coalition of Islamist fighters and former rebel militias in the city."