The Commentariat -- June 24, 2014
Internal links removed; graphic removed.
Oh, life is a glorious cycle of song,
A medley of extemporanea;
And love is a thing that can never go wrong;
And I am Marie of Romania.
-- Dorothy Parker, 1937
No, I am not selling Asian fruit that burns fat. Google sent me a notice early Monday morning that someone in Armenia was using my old password to access my gmail account. Google told me to change the password immediately, which I did. Two Several readers, however, have written to me that they got crazy messages "from" me delivered hours after I changed my password. I may have to cancel the account, but I'll give it a day or two. Meanwhile, I can't tell who's getting what, as the offending e-mails don't show up in my "sent" mailbox. -- Marie of Armenia
Adam Liptak of the New York Times: "The Supreme Court on Monday handed President Obama's Environmental Protection Agency a victory in its efforts to regulate greenhouse gas emissions from stationary sources like power plants, even as it criticized what it called the agency's overreaching. 'E.P.A. is getting almost everything it wanted in this case,' Justice Antonin Scalia said in summarizing the decision from the bench. '... Under our holdings, E.P.A. will be able to regulate sources responsible for 83 percent of those emissions.' ... That part of the decision, which effectively sustained regulation of nearly all the sources the agency had sought to regulate, was decided by a 7-to-2 vote. Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan joined that part of the decision.... Another part of the decision rejected, in harsh terms, the agency's primary rationale for the regulations.... 'An agency has no power to "tailor" legislation to bureaucratic policy goals by rewriting unambiguous statutory terms,] Justice Scalia wrote. Chief Justice Roberts and Justices Kennedy, Clarence Thomas and Samuel A. Alito Jr. joined that part of the decision, which was decided by a 5-to-4 vote." ...
... Scott Lemieux of the American Prospect: "As Justice Breyer notes in his persuasive dissent, the EPA's response is preferable to Scalia's reading of the law: 'What sense does it make to read the Act as generally granting the EPA the authority to regulate greenhouse gas emissions and then to read it as denying that power with respect to the programs for large stationary sources at issue here?' ... Having said that, the majority's opinion (which is notably lacking in the conservative talk radio-style pronouncements that have increasingly saturated Scalia's work) could have been much worse." CW: Yo, Scott. Scalia doesn't have to make sense. All that science stuff is just theory. So whatever. ...
... Lyle Denniston of ScotusBlog translates the rulings. Excellent explanation, as usual. ...
... New York Times Editors: "The Clean Air Act is a complex and often confusing piece of legislation, especially when it comes to confronting the challenges of global warming, which were not fully understood when the original law was passed in 1970.... The case, Utility Air Regulatory Group v. E.P.A., preserves the government's ability to confront global warming while also demonstrating Congress's persistent failure to update the law to meet modern needs. In the absence of congressional action, the E.P.A. was left alone to deal with an impossible situation." ...
... CW: The EPA is trying to confront the realities identified by today's scientists under the restrictions of a law that is older than the majority of Americans (and many of the scientists). Think of that. If we had a real Congress, when the Supreme Court -- rightly or wrongly -- identified a technical difficulty with a law, & that's really what this is, the Congress would just update the law to eliminate the snafu. But we have what we have: a Fred Flintstone Congress.
Kevin Freking of the AP: " A top federal investigator has identified 'a troubling pattern of deficient patient care' at Veterans Affairs facilities around the country that she says was pointed out by whistleblowers but downplayed by the department. The problems went far beyond the extraordinarily long wait time for some appointments -- and the attempts to cover them up -- that has put the department under intense scrutiny. In a letter Monday to President Barack Obama, Carolyn Lerner of the U.S. Office of Special Counsel cited canceled appointments with no follow up, drinking water contaminated with the bacteria that causes Legionnaires' disease and improper handling of surgical equipment and supplies. One veteran was admitted to a long-term mental health facility but didn't get a comprehensive psychiatric evaluation for eight years." ...
... The New York Times story, by Richard Oppel, is here.
Jeremy Peters of the New York Times: "Representative Darrell Issa of California, the Republican who is leading one of the investigations into the Internal Revenue Service's scrutiny of Tea Party groups, accused the I.R.S. commissioner on Monday of lying, an allegation that only deepened the partisan mistrust about the motivations behind the numerous congressional inquiries into the matter." Read the whole article. ...
It's vile enough to look a man in the face and accuse him of perjury without submitting any evidence. It is much worse when all the evidence supports the version of the facts of the man you are facing. -- Rep. Eleanor Holmes Norton (D-W.D.C.-non-voting) to Issa
Michael Gordon of the New York Times: "Winding up a day of crisis talks with Iraqi leaders, Secretary of State John Kerry said on Monday that the Sunni militants seizing territory in Iraq had become such a threat that the United States might not wait for Iraqi politicians to form a new government before taking military action."
Matea Gold & Tom Hamburger of the Washington Post: "... campaign strategists and legal experts nationwide are closely watching the inquiry [into Wisconsin Gov. Scott Walker's loosey-goosey campaign coordination with the Wisconsin Club for Grown, Karl Rove, etc.] as a major test of what practices cross the line in the loosely governed and increasingly murky area of big-money politics.' Gold & Hamburger try to explain the intricacies of Walker's escapades & how various "non-profits" coordinate with candidates & other political groups. ...
... CW: The best explanation I saw, however, of the bizarre campaign finance laws & their applications was this one by Stephen Colbert, Jon Stewart -- who had super-PACs -- & their campaign attorney Trevor Potter:
... Thanks, Supremes! You shmucks.
Drones! Part 2. Craig Whitlock of the Washington Post: "The number of [drone] accidents [within the U.S.] has jumped as the military has brought back drones from overseas and operated them more frequently in airspace shared with civilian planes. The military has almost tripled the number of hours its drones have flown annually in shared U.S. airspace since 2011, according to federal data."
Drones! Part 3. Craig Whitlock: There has been "a rash of dangerous encounters between civilian airplanes and drones flown in contravention of FAA rules intended to safeguard U.S. airspace. Hazardous occurrences are becoming more frequent as more drones -- legal and illegal -- take to the skies, according to a yearlong investigation by The Washington Post."
ACLU: "In response to a court order in consolidated Freedom of Information Act lawsuits filed by the American Civil Liberties Union and The New York Times, the Obama administration has released a key Justice Department legal memo on U.S. targeted killing operations. The July 2010 memo was the basis for the government's extrajudicial killing of an American citizen, Anwar al-Aulaqi, in 2011. In the memo, the government claims broad authority to kill American terrorism suspects without judicial process or geographic limitation." The memo is here.
Conservatives Finally Admit Why They Hate ObamaCare: It Helps Poor People. Jonathan Chait: "... conservatives are now representing their true bedrock position on Obamacare. It is largely a transfer program benefitting people who either don't have enough money, or pose too high a health risk, to bear the cost of their own medical care. Conservatives don't like transfer programs because they require helping the less fortunate with other peoples' money."
James Berger of the New York Times on Richard Rockefeller, who died in a small plane crash June 13: "Mr. Rockefeller was what is commonly called a Renaissance man, a Harvard-trained family doctor who could, among other enthusiasms, play the bagpipe, take polished photographs, carve wood, and ski, hike and sail expertly. But he devoted himself to a half-dozen causes, among them healing the wounds of post-traumatic stress disorder, curing sleeping sickness in Africa and saving the seas." ...
... Here is Jim Fallows' brief tribute to his long-time friend: "People often speculate about what they would do 'if they could do anything.' Richard could have done anything, or nothing -- such were his resources and options -- and what he chose to do was be of service, to his friends and family and community and eventually his country and the world."
Beyond the Beltway
It's over, it's done with and I'm moving on. -- Chris Christie, on Bridgegate, June 14, 2014
Bridgegate II. Matt Flegenheimer of the New York Times: "Investigations into the Christie administration and the Port Authority of New York and New Jersey have zeroed in on possible securities law violations stemming from a $1.8 billion road repair agreement in 2011.... While the inquiries were prompted by the apparently politically motivated lane closings at the George Washington Bridge last year, these investigations center on another crossing: the Pulaski Skyway, the crumbling elevated roadway connecting Newark and Jersey City. They are being conducted by the Manhattan district attorney and the Securities and Exchange Commission." CW: Apparently Christie strong-armed the Port Authority to fund the bridge improvements even though the Pulaski Skyway is a state bridge, not a PA bridge, & therefore not eligible for PA funds. And where was the money to come from? From that much-needed Hudson River rail tunnel that Christie cancelled.
Bridgegate III, IV, Etc. From the same story: "In addition to the Pulaski Skyway, the Manhattan district attorney is also in the early stages of investigating repair projects on the Goethals and Bayonne Bridges, among others.... One person briefed on the matter said the funds had been used to fill a hole in the New Jersey state budget, noting that the inquiries seek to determine whether the fiscal contortions were creative politics or criminal maneuvers."
Congressional Race
Actual Mississippi state flag.Arit John of the Atlantic: "Here's a story that sounds way too familiar: Mississippi conservatives will be watching the polls during Tuesday's primary, to make sure black Democrats aren't breaking any voting laws. Following incumbent Sen. Thad Cochran's outreach to black voters in his bid to ward off a primary challenger, a coalition of conservatives groups backing his Tea Party opponent Chris McDaniel have formed a 'voter integrity project' to 'observe whether the law is being followed.' ..." ...
... CW: I do believe the Justice Department should send a passel of federal marshals to Mississippi to watch the poll watchers. And make arrests. ...
... AND whom do you suppose is coordinating this effort to police black voters? Why, it's Kate Madison's former ward Li'l Kenny! From the New York Times story, by Sheryl Gay Stolberg & Theodore Schleifer: "Kenneth T. Cuccinelli II, president of the Senate Conservatives Fund, a political action committee that has spent hundreds of thousands of dollars backing Mr. Cochran's Tea Party opponent, State Senator Chris McDaniel, said in an interview on Sunday that his group was joining with Freedom Works and the Tea Party Patriots in a 'voter integrity project' in Mississippi." Yeah, everybody knows black voters have no integrity. ...
... Update. Deborah Berry of the Jackson, Mississippi Clarion-Ledger: "NAACP officials said they will send monitors to the polls in Mississippi today to make sure black voters aren't intimidated when they try to cast ballots in the state's high-profile Senate race.... Mississippi secretary of state's office and the state attorney general's office said state officials will monitor polling places. Officials sent out guidelines Monday for poll watchers, including how far they must stand outside polling sites. Officials said state law makes no provision for political action committees or other outside groups to place 'election observers' at polling places."
MEANWHILE. Josh Kraushaar of the National Journal: "Former Rep. Travis Childers [D] will be announcing he's running for the Senate seat in Mississippi, according to two sources familiar with his decision, giving Democrats a chance to capitalize on the Republican division within the state.... Childers, a Blue Dog Democrat, held a solidly Republican House seat from 2008 to 2010, proving his ability to win over conservative voters despite his Democratic affiliation."
Presidential Election 2016
Brian Beutler has a pretty good piece on Hillary Clinton's recent "gaffes" about her financial status. CW: I've pretty much ignored the hoohah about them because I don't think they're important. Neither does Beutler. I will say that I don't think Clinton knows what it's like to be poor. What she knows is what it's like to be poor compared to her friends. (That's exactly what came out in the Guardian interview.) The Clintons did have money problems while they lived in Arkansas -- a circumstance that led to cattle futures & Whitewater. Bill's salary was negligible. Even though they had free housing & other amenities, Hillary, like many wives before her, had to work. And she had a job where she had to produce -- remember those billing records? Moreover, she had to ask rich people for money, both in her work & in promoting Bill's career. She & Bill hung out with the rich, but Hillary was apparently painfully aware she wasn't one of them. So she knows what it's like to struggle, and she knows what it's like to worry about being kicked out of a house she didn't own (Bill had to run for re-election every two or four years). This should make it pretty easy for her to understand what it's like to wonder how you'll feed the kids & pay the rent, if you'll be fired from your lousy job, if your car will break down & ruin you, etc. ...
... Luckily, Hillary did not communicate her money worries to her daughter. ...
... The Most Boring Young Woman in the U.S. Talks about Herself. And Money. Leslie Larson of the New York Daily News: "Hillary Clinton insists she isn't 'well-off' and now daughter Chelsea, according to a recent interview, claims she couldn't care less about money. 'I was curious if I could care about (money) on some fundamental level, and I couldn't,' she told Fast Company in an interview that ran in the magazine's May edition, explaining why she gave up lucrative gigs to join her family's philanthropic foundation." ...
... Hamilton Nolan of Gawker: "That quote, by the way, is Chelsea's explanation of why she left her earlier job at a hedge fund. The $600K pseudojournalism job reporting on Nice Celebrities Who Are Good came after that. This is all from a profile of Clinton in the The Telegraph this weekend, which contains enough gobsmackingly un-self-aware pontification to prove once and for all that Chelsea Clinton -- who may be bright, capable, and politically savvy -- is also a clueless nepotism beneficiary of the first order.... The problem with nepotism of this sort is ... that these highly desirable, lucrative, and influential jobs are not equally accessible for the non-celebukids of the world.... It is undemocratic. It is unAmerican. To the degree that it persists, the notion of 'equal opportunity' or 'meritocracy' is a joke. For the daughter of the possible presidential candidate from the Democratic Party, this is not a small philosophical concern."
News Ledes
AP: "Egyptian President Abdel-Fattah el-Sissi said Tuesday he will not interfere in court rulings, a day after three Al-Jazeera journalists were sentenced to seven years in prison in a verdict that prompted an international outcry.... According to Egypt's constitution, the president has the right to issue a pardon or commute the sentences. U.S., Australian and other officials have urged el-Sissi to use this right to immediately release the journalists. Rights groups have described the trial as a politically motivated sham reflecting the tense relations between Egypt and the Qatar-owned station. Qatar has been a strong supporter of Islamists in the region and in particular Egypt's former president, Mohammed Morsi, overthrown by the military last summer."
Guardian: "David Cameron's former communications chief Andy Coulson is facing jail after being found guilty of conspiring to hack phones while he was editor of the News of the World. Rebekah Brooks, his predecessor in the job, walked free from the Old Bailey after she was cleared of all four of the charges she faced in the eight-month trial."