Saturday, February 23, 2013

Republican Rationalizations: When Up Is Down

Is the Republican Party schizophrenic? Are its members and supporters bipolar? The fight over sequestration, the party’s efforts to remake itself and the recent embrace of Obamacare by several Republican governors seem to answer both questions in the affirmative.

In the 2011 debt ceiling deal, Republicans and Democrats agreed to place a sword of Damocles over their heads. At the time, House Speaker John Boehner and other Republican leaders hailed the sequester as a “Two Step Approach to Hold President Obama Accountable.” Now that the across-the-board budget cuts loom large on March 1, Republicans claim that it is all the President‘s fault. In addition, Republicans, who for months decried the cuts as ominous, now argue that maybe the cuts aren’t so bad after all. Yes, the sequester could lead to 700,000 people losing their jobs and major cuts to state aid, but that is a small price to pay for shrinking the size of the federal government, they now argue.

“The sequester is something of a political phenomenon,” Ed Rogers, a Republican political consultant who worked in the presidential campaigns of Ronald Reagan and George H.W. Bush, wrote in The Washington Post in declaring that the sequester may not be a disaster. “When it goes into effect, it will be one of the most significant things to occur in Washington in the last four years and oddly, none of the Congressional leadership nor the president is for it. Again, something big is about to happen that no one in power supports. Maybe there is a lesson to be learned here. Perhaps we should write more laws that declare if the president and Congress don’t act then spending cuts will ensue. We have never been particularly successful in slowing spending any other way.”

Boehner, who once embraced the sequester as a hammer that could be used to force spending cuts, now argues that the bipartisan agreement is actually “Obama’s sequester.” Instead of negotiating a deal to eliminate the sequester or even to delay it, Boehner and other Republicans have spent the last few weeks blaming the President.

“It’s pretty clear to me that the sequester’s going to go into effect,” Senate Minority Leader Mitch McConnell said recently. “I have seen no evidence that the House plans to act on this matter before the end of the month.”

Faced with the sudden Republican shift on the sequester – remember Republicans and Democrats said the sequester should never, ever, ever happen – the party’s sycophants have been forced to engage in mental gymnastics in an effort to shift the blame to the President.

In a recent column in The New York Times, David Brooks argued that neither the Republican Party nor President Obama has a plan to avoid the sequester. That such a statement is patently false – the President and Senate Democrats have come up with a plan that calls for new revenue and budget cuts – does not matter to Brooks.

To Brooks, the sequester allows Democrats and Republicans to “dance the moves they enjoy the most:” the Permanent Campaign Shimmy for Democrats and the Suicide Stage Dive for Republicans.

“The conservative press is filling up with essays with titles like ‘Learning to Love Sequestration,’” Brooks wrote. “Of course, Republican legislators are screwing up their courage to embrace it. Of course, after the cuts hit and the furor rises, they are going to come crawling back with concessions as they do after every Suicide Stage Dive.”

Ron Fournier, of the National Journal, was even more schizophrenic is his recent column. Fournier, unlike Brooks, acknowledges that Obama has “reached farther toward compromise than House Republicans.” But Fournier says that while seeking compromise makes the President right, it does not negate his failure to reach a deal with a party that refuses to compromise.

“Is this fiscal standoff (the fifth since Republicans took control of the House in 2011) just about scoring political points, or is it about governing? If it’s all about politics, bully for Obama,” he wrote. “A majority of voters will likely side with the President over Republicans in a budget dispute because of his popularity and the GOP’s pathetic approval ratings.

“If it’s about governing, the story changes: In any enterprise, the chief executive is ultimately accountable for success and failure. Sure, blame Congress – castigate all 535 lawmakers, or the roughly half you hate. But there is only one President. Even if he’s right on the merits, Obama may be on the wrong side of history.”

Such thinking is why so many are urging the Republicans to remake themselves, not just repackage their ideas.

In making his argument, Fournier quoted an op-ed in the Green Bay Post-Gazette by Rep. Reid Ribble, a Wisconsin Republican. Ribble argued that Republicans must accept that new revenues must be considered if we are to deal with the nation’s debt. “Neither party is without fault,” Ribble wrote. “Republicans must confront their own conventional wisdom that says ‘The only way to shrink government is to starve it of resources.’”

Ribble is not the only Republican advocating that Republicans rethink their party and its ideas. In an article for Commentary magazine, Michael Gerson and Peter Wehner argue that GOP leaders must recognize that that they cannot lash out at middle-class Americans as an undeserving 47 percent as Mitt Romney did. Instead, they must come up with ideas that help the bulk of Americans.

One way would be to seek policies that help “individuals attain the skills and values – the social capital – that allow them to succeed in a free economy,” the two wrote. “The Republican goal is equal opportunity, not equal results. But equality of opportunity is not a natural state; it is a social achievement, for which government shares a responsibility. The proper reaction to egalitarianism is not indifference. It is the promotion of a fluid society in which aspiration is honored and rewarded.“

They later added: “Instead of signaling that America is a closed society, which it is not and never has been, Republicans would do better to stress the assimilating power of American ideas – the power whereby strangers become neighbors and fellow citizens. In this connection, they would also do better, for themselves and for the country, to call for increasing the number of visas issued to seasonal and permanent farm workers; to champion a greater stress on merit and skill in admitting legal immigrants; and, for the 12 million or so undocumented workers in the United States, to provide an attainable if duly arduous path to legal status and eventually citizenship.”

Mostly, they argue that Republicans must begin to see themselves as champions of the collective, which may have been what drove some Republican governors to accept Obamacare after spending several years fighting it.

“This country is the greatest in the world, and it’s the greatest largely because of how we value the weakest among us,” Florida Gov. Rick Scott said in announcing that his state will expand Medicaid under Obamacare. “It shouldn’t depend on your Zip Code or on your tax bracket. No mother or father should despair over whether they have access to high-quality health care for their sick child.”

“I cannot in good conscience deny Floridians that needed access to health care,” he said.

Apparently Scott wasn’t the only Republican governor to grow a conscience. Ohio’s Republican governor, John Kasich, urged his fellow lawmakers there to “examine your conscience” before opposing his plan to embrace the Medicaid expansion.

“I can’t look at the disabled, I can’t look at the poor, I can’t look at the mentally ill, I can’t look at the addicted and think we ought to ignore them,” Kasich said. “For those that live in the shadows of life, those who are the least among us, I will not accept the fact that the most vulnerable in our state should be ignored. We can help them.”

Gov. Rick Snyder of Michigan and Gov. Jan Brewer of Arizona also joined the chorus of Republicans singing the praises of Obamacare’s Medicaid expansion

Yet even as they do, the party of Lincoln and its apologists continue to suffer from a personality disorder, unable to determine which way is up.

Thursday, February 14, 2013

Rubio and the GOP's Big Gulp

There was a very good reason why Sen. Marco Rubio took a swig of water during his reply to President Barack Obama’s State of the Union address Tuesday night: Even the Republican Senator from Florida could not swallow the political bane he was peddling to the American public.

Rubio, as expected in his official response for the GOP, labeled Obama in a way that fits neatly into the Republican myth about the President – he is a taxing, big spending, liberal, Democrat, Socialist – but has little to do with the political reality. Then Rubio offered no realistic alternatives to what the President suggested. Instead, he offered the same tired and faulty Republican bromides.

“Presidents in both parties – from John F. Kennedy to Ronald Reagan – have known that our free enterprise economy is the source of our middle class prosperity,” Rubio said. “But President Obama? He believes it’s the cause of our problems. That the economic downturn happened because our government didn’t tax enough, spend enough and control enough. And, therefore, as you heard tonight, his solution to virtually every problem we face is for Washington to tax more, borrow more and spend more.

"This idea – that our problems were caused by a government that was too small – it’s just not true. In fact, a major cause of our recent downturn was a housing crisis created by reckless government policies,” the senator said.

On Wednesday, Paul Krugman, the Nobel-prize winning economist and New York Times columnist, assailed that argument.

“OK, leave on one side the caricature of Obama, with the usual mirror-image fallacy (we want smaller government, therefore liberals just want bigger government, never mind what it does); there we go with the ‘Barney Frank did it’ story,” Krugman wrote. “Deregulation, the explosive growth of virtually unregulated shadow banking, lax lending standards by loan originators who sold their loans off as soon as they were made, had nothing to do with it — it was all the Community Reinvestment Act, Fannie, and Freddie.”

In his Wednesday post to Wonkblog in The Washington Post, Mike Konczal noted that the housing crisis was driven by subprime loans in the private market, not mortgages from Fannie Mae and Freddie Mac, or the Community Reinvestment Act.

“The fly-by-night lending boom, slicing and dicing mortgage bonds, derivatives and CDOs, and all the other shadiness of the mortgage market in the 2000s were Wall Street creations, and they drove all those risky mortgages,” Konczal wrote.

To support his contention, Konczal cited data that showed “more than 84 percent of the subprime mortgages in 2006 were issued by private lending institutions… Private firms made nearly 83 percent of the subprime loans to low- and moderate-income borrowers that year.”

He went on to quote David Min, a University of California, Irvine law professor, who said the argument that the government directly created either the housing bubble or subprime loans has a serious problem with the timing:

“From 2002-2005, [GSEs] saw a fairly precipitous drop in market share, going from about 50 percent to just under 30 percent of all mortgage originations. Conversely, private label securitization [PLS] shot up from about 10 percent to about 40 percent over the same period. This is, to state the obvious, a very radical shift in mortgage originations that overlapped neatly with the origination of the most toxic home loans.”

Of course Rubio’s arguments fly in the face of other realities. Republicans are quick to say that the government creates regulations and laws that destroy America. They also argue that government, especially on the federal level, is incapable of getting things done. 

No Child Left Behind was passed to improve education, yet our schools continue to flounder. The Environmental Protection Agency and several presidents have pushed to reduce carbon emissions from industry and cars, yet those emissions remain high. The government is trampling the people’s right to bear arms, yet gun sales continue to climb. The Obama administration is pushing socialist ideas, yet the markets continue to climb and many companies are enjoying large profits.

But somehow a federal government that cannot get anything else done was able to force private bankers to give housing loans to undeserving families at great risk to the banks. How could such an incompetent government get private banks, which seek to maximize profits, to put those profits at risk?

The point is the government was not able to accomplish that.

“Did Fannie and Freddie buy high-risk mortgage-backed securities?” Min asked. “Yes. But they did not buy enough of them to be blamed for the mortgage crisis. Highly respected analysts who have looked at these data...including the nonpartisan Government Accountability Office, the Harvard Joint Center for Housing Studies, the Financial Crisis Inquiry Commission majority, the Federal Housing Finance Agency, and virtually all academics, including the University of North Carolina, Glaeser et al at Harvard, and the St. Louis Federal Reserve, have all rejected the Wallison/Pinto argument that federal affordable housing policies were responsible for the proliferation of actual high-risk mortgages over the past decade.”

The sub-prime lending leaders among private banks in 2008 were Countrywide Financial, HSBC, JP Morgan Chase, and Wells Fargo, according to data from Inside Mortgage Finance. In 2011, the Center for Public Integrity reported that “mortgages financed by Wall Street from 2001 to 2008 was 41/2 times more likely to be seriously delinquent than mortgages backed by Fannie and Freddie.”

Yet Rubio and other Republican sycophants continue in the misguided meme that the housing crisis was the fault of Fannie, Freddie and the CRA. Never do they mention the removal of Glass-Steagall, the 1933 law that banned banks from gambling with depositor’s money.

Rubio also argued that more government will not “help you get ahead;” will not “create more opportunities;” will not “inspire new ideas.” Of course, history tells us that argument does not hold water. It was through government programs after World War II that many returning veterans were able to attend school and make themselves more valuable to employers.

While one may not be able to say definitively that the computer industry would not be at its current level without government, one cannot honestly claim that government research and contracts did not help to support the industry as it grew. Can one claim that the Internet would have been created without government support? Maybe, but one cannot honestly claim that the government did not play a major role in its development. 

And the Republican Party cannot claim to support innovation in education, as Rubio did in his comments, after vowing to eliminate the Department of Education, seeking to cut PELL Grants, and denigrating the teaching of critical thinking skills.

Rubio was correct when he said that we need to “incentivize” local school districts to offer more advanced placement courses and more vocational and career training. He also was correct in saying that the cost of college must be contained if we wish to have an educated workforce and populace. Yet, Republicans cannot make those arguments without looking like hypocrites. They cannot claim to be for education when they are the party of cuts to the education budget, are dismissive of science, and unwilling to reign in the biggest abusers of education funding – for-profit colleges that offer students a GED and an associate’s degree or certification, but only give them a large federal loan bill that cannot be forgiven.

“I believe in federal financial aid,” Rubio proclaimed. “I couldn’t have gone to college without it. But it’s not just about spending more money on these programs; it’s also about strengthening and modernizing them.”

Indeed, much of that may be true. The problem is that it is hard to swallow when it comes from Republicans.

Monday, February 11, 2013

Obama's Drone War: A Bourne-like Identity

The President, in wanting to keep the nation “safe” from terrorists, asks a few select members of his staff to put together a list of people to be targeted for death. Once the list is compiled, the President and his staff meet secretly in the White House where the President goes through the list, listens to suggestions then decides who will be assassinated. To make his acts legal, the President has his lawyers draw up a secret memorandum justifying his decisions. That would be an excellent plot for a Robert Ludlum-like novel or movie – if it were not so true.

President Barack Obama’s drone war has taken us beyond the point in which art imitates life and dropped us squarely in that realm where life imitates art. Using drone strikes, the Obama administration – through the Central Intelligence Agency and the military – has made assassination a regular part of the presidential routine. Members of the President’s national security team meet to discuss the administration’s kill list.

We have known about this for some time. (The New York Times and The Washington Post have written news articles as far back as 2010 detailing different aspects of the international drone war.) But many of us have been too obtuse to its particulars. That is until 16-year-old Abdulrahman al-Awalki was killed in a drone attack in Yemen several weeks after his father, Anwar al-Awalki, was killed.

The al-Awalkis were United States citizens. The father had been identified as a senior al-Qa’ida operative, a man plotting to kill Americans. The son seems to have been in the wrong place at the wrong time, but because of the secrecy of the drone program and the mystery of his death we cannot be sure.

Since January 2009, the Obama administration has conducted six times the number of drone attacks as the Bush administration. Most of the Obama administration attacks – 283 as of September 2012 – have been CIA operations in remote parts of Pakistan. There have also been attacks in Yemen and Somalia. Most Americans – liberals, conservatives, and moderates – support the drone strikes, according to several national polls. (A Washington Post-ABC poll from February 2012 found that 83 percent of Americans approved of the Obama administration's use of unmanned drones against suspected terrorists overseas. Two-thirds of those surveyed even agreed with strikes against U.S. citizens.)

And there lies the rub.

After the terror attacks of Sept. 11, 2001, President George W. Bush sought, and received, from Congress a naked declaration of war. According to that declaration:

The “President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent future acts on international terrorism against the United States by such nations, organizations or persons.”

That declaration — as well as other events – led this nation into armed conflicts in Afghanistan and Iraq. The declaration was also used to redefine a battlefield and war, and what the United States could do to protect its people – warrantless wiretaps, rendition and torture. To rationalize its actions, Bush had his own lawyers draw up the legal precedent under which he could act. Much of the public was rightly outraged.

Since then, President Obama has not only embraced the very same tactics and definitions the Bush administration used to justify its actions, he has expanded those tactics and definitions to make White House ordered assassinations legal – even on U.S. citizens – without any outside oversight. The President – to borrow from conservative author and professor, George W. Carey – has ratcheted up his presidential powers.

“An incoming president will assume whatever advances in presidential power were made by his predecessor,” Carey wrote recently in The Imaginative Conservative. “In turn, an incumbent will strive to accrue new powers that can be passed on.”

And that is what makes this so scary. Who or what will stop the next president from going even further. Bush pushed the envelope when he had John Yoo, a lawyer at the Office of Legal Counsel, draw up a legal opinion justifying “enhanced interrogation” techniques. Obama, even while drawing down troops in Iraq and Afghanistan, has embraced too much of the Bush doctrine on what constitutes a battlefield and what is a war in explaining how and where the Federal government gets the authority to target people for death.

A white paper explaining the Obama administration’s reasoning states that the “United States retains its authority to use force against al-Qa’ida and associated forces outside the area of hostilities that targets a senior operational leader of the enemy forces who is actively engaged in planning operations to kill Americans. The United States is currently in a non-international armed conflict with al-Qa’ida and its associated forces. Any U.S. operation would be part of this non-international armed conflict, even if it were to take place away from the zone of active hostilities.”

And who identifies who is a “senior operational leader” of a terrorist group?

It only takes “an informed, high-level official of the U.S. government,” according to the white paper. It does not matter if the accused is a United States citizen or not. The discussion of who will be targeted in a drone strike can be initiated by a “high-level official” in the secrecy of the White House, without outside oversight, without what we in this nation have come to know as due process. Under this policy, the accuser, jury, judge, and executioner are one in the same.

When the Bush administration created its own legal opinions to justify its questionable actions, Democrats were up in arms. Several leading Democratic lawyers, such as Dawn Johnsen who Obama considered for his Office of Legal Counsel, declared that the “Bush administration’s excessive reliance on ‘secret law’ threatens the effective functioning of American democracy” and “the withholding from Congress and the public the legal interpretations by the [OLC] upsets the systems of checks and balances between the executive and legislative branches of government,” according to an article by Glenn Greenwald in The Guardian last week.

For years, many of us ignored the events unfolding around us, leaving the questions about the drone war to a few. It left us not knowing who we were as a nation. Then three American citizens – Anwar al-Awalki, Samir Khan and Abdulrahman al-Awalki – were killed, and some of us recoiled at what our President was doing in our names. According to the White House, Anwar al-Awalki was a senior al-Qa’ida operative. What was his son’s alleged crime? As far as we know it simply may have been that he was the son of a man who the President and his committee of secrecy had declared a terrorist.

Considering our government’s track record on getting things right in this post-9/11 world, that may be the scariest scenario of all.