Tag: TMC Politics

Greg Sargent at the Washington Post reports:

Obama is set to appoint Sharon Block, Terence Flynn, and Richard Grifin to the board – something unions have made a big priority for them in the new year. Senate Republicans have opposed the recess appointments to the NLRB on constitutional grounds, but unions charge that Republicans are only interested in rendering the agency inoperative.

Obama’s move, which will help energize unions in advance of the 2012 election, is yet another sign that he is determined to circumvent GOP opposition and make government functional again by any means necessary. It’s another sign that the White House and Dems have abanoned the illusion that anything can be done to secure bipartisan compromise with Republicans on the major items on Obama’s agenda.

From Think Progress:

All 47 Senate Republicans have warned Obama of a “constitutional conflict” should he choose to use his recess appointment powers – authority he is well within his right to use, as ThinkProgress’ Ian Millhiser noted yesterday – but it was Chief Justice John Roberts, a noted conservative, who said the president should make recess appointments to keep the NLRB functioning, as ThinkProgress reported in 2010.

Obama’s appointment of Block, Flynn, and Griffin is important, too, because it boosts the board’s membership to five, protecting its quorum even if member Brian Hayes follows through on his threats to quit. Preserving its right to quorum ensures that its rulings will not be thrown out on legal challenges, as more than 600 cases were by the Roberts Court in 2010.

It was announced by the White House that President Barack Obama will make a recess appointment of former Attorney General of Ohio, Richard Cordray to head the newly created Consumer Financial Protection Bureau (CFPB):

President Barack Obama installed Richard Cordray as head of the Consumer Financial Protection Bureau with a recess appointment today, testing the limits of his executive authority to fill the post without Senate approval.

Obama nominated Cordray to be the bureau’s first director in July, almost one year after enactment of the Dodd-Frank financial regulatory law creating the agency. Republicans blocked Cordray’s confirmation by the Senate last month. Putting him in the job today may set up an election-year court fight between the White House and Congress.

Even thought the Senate has been under Democratic control since 2006 when the tactic of pro forma session was first employed to keep President George W. Bush from making recess appointments to the bench, there have been questions by legal scholars about the constitutionality about their use. It has since been used to placate the Republicans in hopes of winning their cooperation, obviously to no avail.

Senate Majority Leader Mitch McConnell (R-KY) called President Obama move “arrogant”, saying that “Breaking from this precedent lands this appointee in uncertain legal territory, threatens the confirmation process and fundamentally endangers the Congress’s role in providing a check on the excesses of the executive branch.”

House Speaker John Boehner had a similar reaction calling the appointment an “extraordinary and entirely unprecedented power grab” by the president.

The legal precedent for these sessions is on very shaky ground. In a 1993 court case involving the Postal Service Board of Governors, Justice Department lawyers argued in court papers that presidents can make recess appointments when the Senate is out of session for more than three days.

The brief suggested that a president might lack that authority during shorter breaks. Pointing to the constitutional requirement that the Senate and House get one another’s consent before adjourning for more than three days, the Justice Department said the constitutional framers might not have considered shorter recesses to be significant.

“If the recess here were of three days or less, a closer question would be presented,” the Justice Department argued.

However, lawyers who advised President George W. Bush on recess appointments wrote that the Senate “cannot use sham ‘pro forma’ sessions to prevent the president from exercising a constitutional power.”

David Dayen at FDL points out the Constitutional argument that there is no time requirement in the Constitution for Congress to be in recess before the president can make recess appointments:

As for the judicial question on whether pro forma sessions count as keeping Congress in session, the 11th Circuit Court of Appeals ruled back in 2007 that “The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.” On the other side of this, Solicitor General Neal Katyal, in a 2010 case, argued that the Administration recognized that a 3-day recess was “too small,” in their understanding, to make appointments.

While the Republicans will very likely mount a court challenge, claiming past precedent, it may well fail since the president has the power to make recess appointments under Article II, Section 2 of the Constitution which states, “the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” It can be argued that Congress is in recess when they gavel out at the end of each day or whenever there is no quorum, which goes to the constitutional argument about pro forma sessions.

The other issue is why didn’t he appoint Elizabeth Warren who is eminently more qualified than Cordray to head the CFPB? It is most likely because of objections from Treasury Secretary Timothy Geithner’s objections and her memo to the the state attorney general’s who are negotiating a settlement with the big banks over mortgage fraud.

Make no mistake, Obama is doing this now for purely political motivations. It emphases Republican obstructionism and as a ploy to win back the disenfranchised left wing of the Democratic Party, as well as, the Independent voters who believed in all his “hopey, changey” campaign rhetoric.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Katrina vanden Heuvel: Voting Rights, Super PACs and the Media Cloud the Election

Does Iowa matter? Maybe, maybe not. From the round-the-clock polling analysis, detailed delegate projections, and tweeting and retweeting, you’d think the political press corps was readying for the first leg of the Triple Crown. My advice for Tuesday and in the weeks to come: Don’t let the giddiness of the coverage distract from what will matter far more than whether Michele Bachmann beats Rick Perry for the fifth-place slot.

Instead, pay attention to three issues that could affect the outcome of the election, even though they have nothing to do with the campaigns themselves:

First, a surge in voting restrictions [..]

Second, the rise of super PAC spending [..]

Third, the media’s obsession with false equivalence: How the election is covered will almost certainly have a measurable impact on its outcome.

Dean Baker: Climate Change – Our Real Bequest to Future Generations

Deficit hawks try to scare us about the debt we’re leaving. That’s economic nonsense – unlike the costs of global warming

It is remarkable how efforts to reduce the government deficit/debt are often portrayed as a generational issue, while efforts to reduce global warming are almost never framed in this way. This contrast is striking because the issues involved in reducing the deficit or debt have little direct relevance to distribution between generations, whereas global warming is almost entirely a question of distribution between generations.

Seeing the debt as an issue between generations is wrong in almost every dimension. The idea that future generations will somehow be stuck with some huge tab in the form of the national debt suffers from the simple logical problem that we are all going to die. At some point, everyone who owns the debt being issued today, or over the next two decades, will be dead. They will have to pass the ownership of the debt to someone else – in other words, their children or grandchildren. This means that the debt is not money that our children and grandchildren will be paying to someone else. It is money that they will be paying to themselves.

The pro forma congressional session that are being used to prevent President Obama from making recess appointments has been much discussed here and at other sites like FireDogLake and Talking Points Memo. It has also been argued by Constitutional scholars that they are little more “than a game of separation-of-powers chicken”. They have been used to keep the president from filling vacancies in the courts and in his administration that are vital to the operation of the government. These sessions and the president’s reluctance to challenge their constitutional legality has kept Elizabeth Warren from being appointed to head the new Consumer Financial Protection Bureau and a Nobel winning economist, Richard Diamond from a seat on the Federal Reserve.

Once a the president missed an opportunity to put an end to Republican obstruction and make important appointments, like Richard Cordray to the CFPB and the vacancies on the National Labor Relations Board. President Obama has a number of options available under the Constitution to bypass congress and make these appointments, as  David Dayen at FDL News Deskpoint out:

During the recess, the President has a number of opportunities to make recess appointments. He could simply determine that the pro forma sessions being used to keep Congress active were insufficient to prevent recess appointments. He could use his Constitutional power to adjourn Congress. But both of those would fly in the face of recent precedent (Presidents have generally respected the pro forma process, and no President has actually used the adjournment power.)

The one option with Presidential precedent behind it was the “Roosevelt precedent.” Congress simply has to adjourn for a short period, a split second really, to shift from the first session of the 112th Congress to the second session. In that window, Theodore Roosevelt made hundreds of recess appointments previously.

Victor Williams, Assistant Professor at the Catholic University of America School of Law and an attorney, writing in the Huffington Post last week urged Obama to put an end to the “myth” that an official congressional recess lasts three days or more and the Republicans’ de facto “nullification” of government:

As the 112th Senate left for its break, Minority Leader Mitch McConnell unsuccessfully attempted to wrangle a recess concession from Obama. McConnell demanded that Obama promise not to sign any recess commissions during the holidays. McConnell blocked a confirmation vote for 50 officials when Obama ignored the Article II, Section 2 shake down.

Adding insult to constitutional injury, congressional Republicans again manipulated the Senate into scheduling 10 pro-forma sessions — intending to interfere with Obama’s recess appointment authority. (As I argued in recent Jurist commentary, in prior posts, and a National Law Journal opinion, the sessions do not prevent the Executive from signing recess commissions.)

Prof. Williams goes on, laying out all the president’s options urging him that the better option would be to invoke Article II, Section 2 which states, “the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session,” after the start of the new session of the 112th Congress which began today at 12:01 PM EST:

Recess commissions signed before the end of the 112th Senate’s first session — Jan. 3, 2012 at 12 p.m. — last through 2012. However, recess commissions better-timed to be signed instantly at noon (or anytime after the second session formally begins) last through 2013. The officials could then be re-recess appointed during Obama’s second term.

In a time and place of his choosing, Barack Obama should use the Article II, Section 2 recess appointment alternative. President Obama should concurrently renounce the three day recess myth underlying Senate pro forma sessions announcing a simple test: If the Senate is not sitting as a deliberative body able to provide timely confirmation consent, the Executive may fill any vacant federal office.

But according to Brian Buetler at TPM, legal experts believe that today was the last opportunity for Obama to use the “Roosevelt precedent”:

Today was the day that legal experts and many aides in both parties thought President Obama would provide a recess appointment to Richard Cordray, his nominee to administer the new Consumer Financial Protection Bureau […]

But a senior administration official who would not be quoted told reporters at a White House background briefing Tuesday that Obama will not take advantage of that opening.

The official declined to provide further explanation, but the decision implies one of three things: that Obama does not believe he’s encumbered by technical restrictions on his power to recess appoint nominees and can still act between now and late January when Senators return to town; that he will instead wait until a future recess when feels he has more running room and political capital to recess appoint Cordray and others; or that he has no intention of challenging Congressional Republicans by making further recess appointments between now and the end of this Congress.

So by not taking advantage of the ‘Roosevelt precedent”, will Obama go where no president has gone before and invoke Article II, Section 2? Or will he continue on the more predictable path of allowing the minority in the Senate to obstruct his agenda?

I’m opting for the latter. Fool me, Barry.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Jonathan Turley: The NDAA’s Historic Assault on American Liberty

By signing into law the NDAA, the president has awarded the military extraordinary powers to detain US citizens without trial

President Barack Obama rang in the New Year by signing the NDAA law with its provision allowing him to indefinitely detain citizens. It was a symbolic moment, to say the least. With Americans distracted with drinking and celebrating, Obama signed one of the greatest rollbacks of civil liberties in the history of our country … and citizens partied in unwitting bliss into the New Year.

Ironically, in addition to breaking his promise not to sign the law, Obama broke his promise on signing statements and attached a statement that he really does not want to detain citizens indefinitely (see the text of the statement here).

Obama insisted that he signed the bill simply to keep funding for the troops. It was a continuation of the dishonest treatment of the issue by the White House since the law first came to light. As discussed earlier, the White House told citizens that the president would not sign the NDAA because of the provision. That spin ended after sponsor Senator Carl Levin (Democrat, Michigan) went to the floor and disclosed that it was the White House and insisted that there be no exception for citizens in the indefinite detention provision.

Jim Hightower: Shoveling America’s Wealth to the Top

As an old country saying puts it, “Money is like manure – it does no good unless you spread it around.”

Yet America’s corporate and political leaders have intentionally been shoveling wealth into an ever-bigger pile for those at the top. They’ve gotten away with this by lying to the great majority, which has seen its share of America’s prosperity steadily disappear. Yes, they’ve told us, the rich are getting richer, but that’s just the natural workings of the new global economy, in which financial elites are rewarded for their exceptional talents, innovation, and bold risk-taking.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

New York Times Editorial: Where the Real Jobs Are

The Republicans believe they have President Obama in a box: either he approves a controversial Canadian oil pipeline or they accuse him of depriving the nation of jobs. Mr. Obama can and should push back hard.

This is precisely the moment for him to argue the case for alternative fuel sources and clean energy jobs – and to lambaste the Republicans for doubling down on conventional fuels while ceding a $5 trillion global clean technology market (and the jobs that go with it) to more aggressive competitors like China and Germany.

Ben Adler: The Handful of White People Who Choose Your Presidential Candidates

On a two-day trip to New Hampshire last week I attended three campaign events with a total of roughly 600 people. I tried to find an African-American in the audience at all three events, but I couldn’t. To be fair, I did spot two Latinos and five or six Asian-Americans. The U.S., according to the 2010 census is 72.4 percent white. The first two states vote in the presidential primaries, Iowa and New Hampshire, are 91.3 percent white and 93.9 percent white, respectively.

The Iowa caucuses, which will be dramatically covered by the news media on Tuesday, are especially pernicious. In a caucus instead of a primary the Iowans who get to participate are even smaller in number and less diverse than the state’s already unrepresentative electorate.

The New York City Occupiers took back Zucchotti Park a couple of hours before midnight on New Year’s Eve despite the presence of NYPD and private security:

About 100 people arrived at the park at about 7 p.m., according to witnesses, and someone put up what was described as a small multicolored tent, about two feet tall, made for a child. Two young girls, who were at the park with their mother, began playing inside.

Though the New York City Police Department had officers fanned out throughout the city for the holiday, there were police officers lined up across the street from Zuccotti Park, at the ready alongside private security guards. They stepped in.

Police officers and security guards, who stood at the ready across the street, told protesters to remove the tent, saying it violated rules issued by the park’s owner, Brookfield Properties. Meanwhile, an officer and a guard blocked other protesters, and at least one reporter, from entering the park. Some people disregarded their instructions and squeezed through the spaces between metal barricades along other parts of the perimeter.

That number swelled to over 500 by 10:30 as text messages and signal went out across the city. They draped the piled barricades with Christmas lights and the lighted Christmas tree was wrapped with the Occupy Wall Street banner as the OWS “bat signal” was projected on the side of a building. As the protesters were chased from the park, they took to the nearby streets, drumming and chanting as they marched. Most of the arrests were of demonstrators who were obeying police directions or walking peacefully on the side walk. Many of the protesters and others not involved in the demonstration were “kettled” into groups then arrested for obstructing pedestrian traffic or for moving as directed by the officers. Even legal observers and the press were again arrested and threatened by the NYPD. The observer from the National Lawyers Guild was later released.

Welcome to the United Police State of America where you can be “legally” detained indefinitely on the president’s word.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

The Sunday Talking Heads:

Up with Chris Hayes: According to MSNBC, Chris Hayes will be up and live at 8 AM. It isn’t announced who his guests will be but I’m sure lots of coffee will be on hand.

This Week with ??????: Who’s the host?? You’re gues is as good as mine. Christine Amanpour has returned to CNN. Christine has returned to CNN and international reporting. George Stephanopolis is doing double duty as host of ABC’s “Good Morning America” and “This Week“. The website didn’t say who would be today’s host. Thye did announce the guests in case your awake, not hung over and really care about the Iowa insanity contest.

Face the Nation with Bob Schieffer:More Iowa Caucus/Republican clown parade.

The Chris Matthews Show: Chris and the Usual Suspects want to tell us about the best and worst moments of 2011.

Meet the Press with David Gregory: You can definitely skip this. Iowa has been now pureed.

State of the Union with Candy Crowley: All Republican, all the time. An absolute waste of your time.

OK. If you’re up reading this it’s for one of several reasons:

your still up from last night (which I doubt);

you have insomnia;

you really do watch this stuff;

you need to get a life. 😉

Happy New Year

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

New York Times EDitorial: The Damage of 2011

After they took power in January, the hard-line Republicans who dominate the House reached for a radical overhaul of American government, hoping to unravel the social safety net, cut taxes further for the wealthy and strip away regulation of business. Fortunately, thanks to defensive tactics by Democrats, they failed to achieve most of their agenda.

But they still did significant damage in 2011 to many of the most important functions of government, and particularly to investments in education, training and transportation that the country will need for a sound economic recovery.

Paul Krugman: Carelessly Mistaking Theater For Policy

One crucial thing you need to understand about political journalists in the United States is that, with some honorable exceptions, they don’t know or care about actual policy.

In a way, that makes sense – the skills needed to cultivate contacts, to get the inside scoop on what’s going on in Congressional scheming or campaign war rooms, are very different from the skills needed to interpret spreadsheets from the Congressional Budget Office.

The problem, however, is that all too often political journalists mistake the theater of policy for reality (or don’t care about the difference).

Since taking office in 2009, President Obama has waged an increasing clandestine war using unmanned drones controlled by civilians members of the CIA. In a recent article Washington Post‘s Greg Miller exposes some troubling aspects of the program which has little oversight or control:

In the space of three years, the administration has built an extensive apparatus for using drones to carry out targeted killings of suspected terrorists and stealth surveillance of other adversaries. The apparatus involves dozens of secret facilities, including two operational hubs on the East Coast, virtual Air Force­ ­cockpits in the Southwest and clandestine bases in at least six countries on two continents. [..]

The rapid expansion of the drone program has blurred long-standing boundaries between the CIA and the military. Lethal operations are increasingly assembled a la carte, piecing together personnel and equipment in ways that allow the White House to toggle between separate legal authorities that govern the use of lethal force.

In Yemen, for instance, the CIA and the military’s Joint Special Operations Command pursue the same adversary with nearly identical aircraft. But they alternate taking the lead on strikes to exploit their separate authorities, and they maintain separate kill lists that overlap but don’t match. CIA and military strikes this fall killed three U.S. citizens, two of whom were suspected al-Qaeda operatives. [..]

Obama himself was “oddly passive in this world,” the former official said, tending to defer on drone policy to senior aides whose instincts often dovetailed with the institutional agendas of the CIA and JSOC.

Joshua Foust in The Atlantic observes that there are consequences for the successes claimed by the Obama Administration:

In the countries where the drone system is most active — Pakistan and Yemen — relations with local governments and communities are awful, and perceptions of the United States could barely be any worse. There is agreement seemingly only on the need for long distance killing, and even then — especially in Pakistan — there is a great deal of contention.

In fact, one could argue that the severe degradation of relations with Pakistan, which are driven to a large degree by popular anger over drone strikes (as well as a parallel perception among some Pakistani elites that the U.S. disregards Pakistani sovereignty at will), is driving the current U.S. push to ship supplies and, eventually, the withdrawal from Afghanistan, through Uzbekistan.

Besides the political consequences, Foust notes the reorientation of the intelligence community to this killing program may hinder its ability of collecting and analyzing the data needed and a heavy reliance on information from sketchy local partners that can, and has, resulted in unnecessary fatalities. His opinion of Obama’s expansion of the drone war is scathing:

This sloppiness with life and death decisions is a substantial moral failing, and should be a huge scandal for President Obama. But, he has decided to both distance himself from it while also taking credit for its successes, even as it focuses on ever less important and marginal figures within the terrorist milieu. [..]

It is an absolute scandal. We owe ourselves better questions and more accountability of the drones we use to wantonly kill people around the planet.

Senior reporter for Wired.com’s Danger Room, Spencer Ackerman, discussed the sharp increase in drone attacks to do the military’s job since Obama took office.