As Republicans gear up to filibuster yet another of President Obama's highly-qualified judicial nominees, Democrats are mulling Senate rule changes to allow a straight up-or-down vote on these picks. After unprecedented obstructionism on the part of the GOP, media should note that the so-called "nuclear option" may be the only way for these nominees to get a vote.
The problems facing the Affordable Care Act's implementation have given the law's critics no shortage of ammunition to take potshots at President Obama's signature legislative accomplishment. But to hear those critics tell it, the ACA's problems are an unfolding political catastrophe in which Democrats are poised to abandon ship and the law is just a hair's breadth from repeal. Repeal of the law is and always has been a fantasy, but right now it's being enabled by members of the mainstream press for whom the ACA's problems aren't serious enough and somehow merit embellishment.
Tea Party congressmen and conservative pundits have been keeping the repeal fantasy alive ever since the law was signed back in 2010. The backlash from the government shutdown, which was inspired by Tea Party efforts to gut the ACA, did nothing to dull enthusiasm for the "repeal Obamacare" crowd. "Obamacare will be repealed well in advance of the 2014 elections," conservative wag Steven Hayward wrote in Forbes on November 11. "There is a chance Obamacare could be repealed in a bipartisan vote," wrote Ed Rogers in the Washington Post. Congress "could try to vote now, under new conditions and with the American people behind them, to repeal the whole thing," Peggy Noonan wrote in the Wall Street Journal. "And who knows, they just might." No, they won't. And even if Congress did somehow manage to pass a bill repealing the ACA, it would in all certainty be vetoed by President Obama.
But this is what pundits and activists do: shape and spin stories to conform to their preferred outcome. The National Journal's Josh Kraushaar, rather than tamping down this irrational enthusiasm among the law's opponents, is giving it a leg up. "There's a growing likelihood that over time, enough Democrats may join Republicans to decide to start over and scrap the whole complex health care enterprise," Kraushaar writes in his November 18 column. Now, this is caveated to the point that it's essentially meaningless -- he's saying there's an increased chance of something possibly happening over an indeterminate time period -- -- but Kraushaar nonetheless wants us to think that repeal is a real threat.
The government is still shut down owing to Republican intransigence over the Affordable Care Act, and reporters are still groping about for reasons to redistribute blame for the paralyzing gridlock away from the GOP and onto President Obama. National Journal political correspondent Beth Reinhard gets in on the fun, writing that the shutdown shows that "Obama's biggest failing has been his inability to build relationships and make deals on Capitol Hill." To build her case, she quotes four Republicans -- Romney campaign flack Kevin Madden, lobbyist Charlie Black, pollster Vin Weber, and former Sen. Norm Coleman -- all of whom argue, in obvious good faith, that the president just hasn't done enough to accommodate Republicans.
That's a tough argument to sell, given that immediately after Obama's first inauguration congressional Republicans devised a strategy to reflexively oppose all of Obama's economic policies, and immediately after his second inauguration they agreed to boycott direct negotiations with Obama. But let's focus on one of the Republicans the National Journal cites, Charlie Black, and his complaint that Obama refused to negotiate during the 2012 "fiscal cliff" stand-off, as it highlights just how weak the "Obama can't make deals" argument is.
Here's what Black told the National Journal:
Longtime lobbyist Charlie Black noted that it was Vice President Joe Biden who reached a last-minute agreement with Senate Minority Leader Mitch McConnell to avoid the so-called fiscal cliff at the start of this year.
"The president wasted 17 months, and in one weekend the old pros made a deal," Black said. "All the president knows how to do is campaign and attack."
It's true that McConnell and Biden ended up hammering out the final fiscal cliff compromise. Left unsaid is why the final deal was left to McConnell and Biden -- because John Boehner rebuffed Barack Obama's attempts to negotiate on taxes and threw the entire process into chaos.
As the George W. Bush Presidential Library and Museum opens today, some in the press have been caught up in a swoon over the former president.
Pundits from the center and the avowed left called on critics to re-examine the former president as a "good man with a good heart," while those on the right declare that "Bush is Back." Political analysts are compiling lists of "The 7 best moments of George W. Bush's presidency" and highlighting polls indicating that Bush is more popular now than he was in office. And Fox News has pulled out all the stops, lining up their Bush-administration-officials-turned-Fox-employees to sing the former president's praises.
Presidential historians and veteran reporters who covered the Bush White House are speaking out, saying that reporting on the Bush library and legacy should put his failures in their proper context.
The academics point out that while some of Bush's defenders in the press have said that the Bush legacy is a question for history, historians largely pan his tenure. And the veteran reporters who covered Bush's presidency urge that coverage of the presidential library provide a complete accounting of his tenure in office, including its many missteps.
"The press needs to take a really cold-eyed look at the circumstances ... look at the state of the country and world on Jan. 20, 2001 and eight years later," said Ed Chen, former Los Angeles Times and Bloomberg correspondent who covered the White House from 1999 to 2010. "Were mistakes made? Sure, the whole WMD fiasco ... it sure has a long way to go for anything close to a full rehabilitation."
Chen later added, "Of the three [presidents] that I covered, we have to put Bush at the bottom."
Several top presidential historians echoed Chen's low-ranking view, noting a week of positive coverage cannot erase that.
"Right now he's ranked as one of the lower presidents because of the War in Iraq and the economy tanking so he's got a long way to go to get rehabilitated," said Douglas Brinkley, a top presidential historian and author. "It is a long revisionist road up from the bottom for George W. Bush. He is ranked toward the bottom rung of presidents."
Indeed, surveys of historians regularly find Bush ranked among the worst of U.S. presidents.
Having toured the new library at Southern Methodist University in Dallas, Brinkley described it as having a "compassionate conservative motif" for Bush, adding, "I was surprised how much wall space was given to AIDS in Africa, marine conservation, No Child Left Behind. I got the feeling that the Bush crowd was trying to paint their president as more of a centrist than many people feel."
But Brinkley stressed that whatever positive image is being attempted this week cannot rewrite his presidency.
"I don't think it matters two weeks from now, it is a building opening and people tend to be jubilant," he said. "It's the beginning of revisionism of a presidency."
Media coverage of the debt ceiling frequently claims that raising the limit without simultaneous spending cuts would give President Obama a "blank check," repeating a pattern of promoting this false narrative -- or failing to correct it -- that occurred during the unprecedented brinkmanship of 2011. The phrase implies that the debt ceiling governs additional spending desired by the White House, when in fact it is a restriction on the executive branch's ability to borrow money to pay for spending measures already enacted by Congress.
With more than 20 minutes still to go in the October 16 presidential debate, the National Journal declared the town hall meeting between President Obama and Republican candidate Mitt Romney a "tie."
From the Journal article, which bore the headline, "Who Won the Debate? Obama, Romney Tie in Presidential Showdown":
Who won? The cheap answer is Obama because his goal following a catastrophically sluggish first debate was so clear: Show some life. And, indeed, the president aggressively criticized Romney, labeling him a hypocrite and a liar who favors the rich at the expense of the middle class and poor.
But Romney got his licks in, too, wrapping a miserable economy around the incumbent's neck. "The middle class is getting crushed by the policies of a president who does not understand what it takes to get the economy working again," Romney said.
Bottom line: Call it a tie. Obama and Romney scored points while turning off independent voters with their point-scoring.
Affirmative action policies that will come before the Supreme Court in the upcoming Fisher v. University of Texas case have long been the target of right-wing misinformation that distort the benefits of diversity in higher education. Contrary to the conservative narrative in the media, these admissions processes serve important national interests by promoting equal opportunity and are based on long-standing law.
Yesterday, after the Treasury Department announced that total public debt has surpassed $16 trillion, a number of media outlets quoted vice presidential nominee Paul Ryan attacking President Obama for not reducing said debt. "Of all the broken promises from President Obama, this is probably the worst one because this debt is threatening jobs today, it is threating prosperity today," said Ryan in Iowa, stumping for Mitt Romney. That debt, however, didn't create itself. It's primarily the product of Bush-era policies that Paul Ryan voted to enact -- a fact that was lost in the coverage of Ryan attacking the debt he helped create.
Uncritical quotation of Ryan's debt attack abounds -- NBC, ABC, the Los Angeles Times, National Journal, and so on. But as Ezra Klein pointed out during last week's Republican National Convention, which featured a prominently displayed debt clock in the convention hall, the majority of current debt can be laid at the feet of George W. Bush and the Republican-controlled Congress of the early 2000s.
The specific Bush-era policies driving debt, according to the Center on Budget and Policy Priorities, are the tax cuts, the wars in Iraq and Afghanistan, and the bailouts of Wall Street and Fannie and Freddie. Economic recovery measures put in place under Obama, i.e. the stimulus, play a comparatively miniscule part in the total debt picture.
Paul Ryan voted for the tax cuts. He voted for the wars. He voted for TARP. Every Bush-era policy that ballooned the debt to its current level got the Paul Ryan stamp of approval. And if press outlets are going to quote him saying "this debt is threatening jobs today, it is threating prosperity today," they should note that this "threat" is partially of his own creation.
The National Journal's Major Garrett brought up the Republican campaign to use the "you didn't build that" line to attack President Obama during both the Republican and Democratic national conventions, but let stand the distortion at the heart of that campaign. In fact, during his speech -- as independent fact-checkers have noted -- Obama was explaining how small businesses have benefitted from the successes and contributions of others, including government, which Garrett failed to point out.
There's no question Obama inartfully phrased those two sentences, but it's clear from the context what the president was talking about. He spoke of government -- including government-funded education, infrastructure and research -- assisting businesses to make what he called "this unbelievable American system that we have."
In summary, he said: "The point is ... that when we succeed, we succeed because of our individual initiative, but also because we do things together."
During a discussion about the 2012 presidential election on NBC's The Chris Matthews Show, Garrett, a former Fox News White House correspondent who is now a National Journal congressional correspondent, referred to how "Republicans will use the president's 'you didn't build that' against him" at the respective party conventions. Garrett continued by explaining that the comments would be used "thematically at the Republican convention and with traveling hecklers in Charlotte," where the Democratic National Convention will be held.
But as the full context of Obama's comments show, he was simply noting that the success of small businesses comes not only from their own initiative, but also can come from outside influences such as "a great teacher somewhere in your life" and investment "in roads and bridges."
UPDATE (2/10/12): National Journal accurately identified Michael McKenna as a "Republican energy lobbyist" in a January 26 article. Politico, on the other hand, has quoted McKenna without noting that he is a lobbyist in at least two articles since this post was published.
One of these is not like the others:
National Journal reporters have quoted Michael McKenna 21 times in the past year, more than any other news outlet in the Nexis database. In each case, McKenna provided comments on the politics surrounding energy and environment issues, including EPA regulations, climate change, clean energy, and gasoline prices. Not once did National Journal note that McKenna is a lobbyist who represents oil and utility companies. Instead, he was identified as a "Republican strategist who focuses on energy issues," or a "GOP energy strategist."
McKenna is the President of MWR Strategies, which aims "to help our clients advance their agendas in the public policy and media arenas." According to data from the Center for Responsive Politics, MWR Strategies has worked for major fossil fuel interests including American Electric Power, Southern Co and Koch Industries, for several years.
National Journal is not alone in omitting this information about McKenna. Politico reporters quoted the "GOP energy strategist" in 14 energy and environment stories over the past year without mentioning his lobbying firm or its clients.
Yesterday, ABC News released excerpts from Barbara Walters' interview with President Obama and the First Lady, scheduled to air on tonight's 20/20. Several news outlets have focused on President Obama's comments about the "laziness in me," featuring headlines that lack needed context.
Politico headlined their story "Obama: I have some Hawaii laziness," while the Daily Caller went with "Obama: "There's a laziness in me," and National Journal selected "Obama Blames Hawaii For His 'Deep Down' Laziness."
All of these headlines would likely give readers the impression that Obama was saying that he tends to avoid doing work, which would fit neatly into a common conservative attack on Obama. But the full context of the interview shows that Obama was actually saying just the opposite. Obama told Walters: "It's interesting, there is a -- deep down, underneath all the work I do, I think there's a laziness in me." [Emphasis added.] He later added: "when I'm mad at myself, it's because I'm saying to myself, you know what, you could be doing better; push harder. And when I -- nothing frustrates me more than when people aren't doing their jobs."
While some reports on the Walters interview have included parts of this key context, the headlines generally have not.
From the full transcript of the interview, obtained from the White House [emphasis added]:
Q Okay. What's the trait you most deplore in yourself and the trait you most deplore in others?
THE PRESIDENT: Laziness.
Q You've lazy?
THE PRESIDENT: It's interesting, there is a -- deep down, underneath all the work I do, I think there's a laziness in me. I mean, probably --
MRS. OBAMA: If you had your choice --
THE PRESIDENT: It's probably from growing up in Hawaii, and it's sunny outside, and sitting on the beach --
Q Sounds good to me.
PRESIDENT: Right. But when I'm mad at myself, it's because I'm saying to myself, you know what, you could be doing better; push harder. And when I -- nothing frustrates me more than when people aren't doing their jobs. Although -- sorry, I shouldn't provide two answers. The thing actually that I most dislike is cruelty. I can't stand cruel people. And if I see people doing something mean to somebody else just to make themselves feel important, it really gets me mad. But in myself, since I tend not to be a mean person, if I get lazy, then I get mad at myself.
The portion of the interview released by ABC News does not include this part of Obama's statement: "But when I'm mad at myself, it's because I'm saying to myself, you know what, you could be doing better; push harder. And when I -- nothing frustrates me more than when people aren't doing their jobs."
Politico's Ben Smith is calling this the "next anti-Obama talking point," while Mediaite's Jon Bershad says, "If you're a fan of right wing media ... you're probably going to be seeing that clip about 5,000,000 times in the next week." Which is all the more reason why responsible journalists should be emphasizing what Obama actually said rather than writing sensationalist, misleading headlines.
A study published in the prestigious journal American Economic Review estimates that the costs imposed on society by air pollution from coal-fired power plants are greater than the value added to the economy by the industry. The study concluded that coal may be "underregulated" since the price we pay for coal-fired power doesn't account for its costs.
According to a Nexis search, not a single major newspaper or television network has covered the study. By contrast, an industry-funded report on the cost of EPA regulations of these air pollutants has received considerable media attention.
The authors of the American Economic Review paper -- Nicholas Muller of Middlebury College and Yale's William Nordhaus and Robert Mendelsohn -- are considered centrists. Mendelsohn opposed the Kyoto climate treaty and spoke this year at the right-wing Heartland Institute's conference on climate change.
Economist Paul Krugman wrote that the study should "be a major factor in how we discuss economic ideology," adding "It won't, of course." From Krugman's post:
It's important to be clear about what this means. It does not necessarily say that we should end the use of coal-generated electricity. What it says, instead, is that consumers are paying much too low a price for coal-generated electricity, because the price they pay does not take account of the very large external costs associated with generation. If consumers did have to pay the full cost, they would use much less electricity from coal -- maybe none, but that would depend on the alternatives.
At one level, this is all textbook economics. Externalities like pollution are one of the classic forms of market failure, and Econ 101 says that this failure should be remedied through pollution taxes or tradable emissions permits that get the price right. What Muller et al are doing is putting numbers to this basic proposition -- and the numbers turn out to be big. So if you really believed in the logic of free markets, you'd be all in favor of pollution taxes, right?
In a Bloomberg op-ed today, former Rep. Bob Inglis (R-SC) criticizes his fellow conservatives for not dealing in facts when it comes to climate science. The National Journal also has an interesting article out on how a "number of influential Republicans who have left the battlefield of electoral politics are now taking action in an effort to change the GOP's stance" on climate change. After noting that Inglis is making a conservative case for taking action to combat climate change, the article stated:
A leading GOP strategist who advises congressional leadership on energy issues was dismissive of the former officeholders' efforts.
"If you're Bob Inglis and really believe that, the way that we work these things out is that you run for office," said Republican strategist Mike McKenna. "These retired guys, they say they think this, that, and the other. But if you really want to change it, you have to be on the inside. If you care about this stuff, you run for office. They have been unable to convince anybody that they're right. The working party thinks one thing; these retirees think another. If you want to make a difference, get off the porch and work with the rest of us."
But who is Mike McKenna and whose interests does he represent?
Whenever a Democratic Senator runs for president, National Journal comes along with a deeply flawed scheme purporting to rank members of congress. In both 2004 and 2008, National Journal just happened to announce that a frontrunner for the Democratic presidential nomination was the "most liberal" member of the Senate. In order to call Barack Obama the "most liberal" in 2008, National Journal changed the system they had previously used. Nothing suspicious there!
Worse, National Journal's PR operation then sent out promotional materials hyping the findings by touting the impact the 2004 rankings had on that year's presidential campaign -- conveniently ignoring the fact that, according to National Journal itself, the system used to declare John Kerry the "most liberal" Senator in 2004 was flawed.
And it's pretty obvious what happens next: Republicans start shouting the results from the rooftops, and the media eat it up with a spoon.
The important thing to know about the National Journal ratings -- the only important thing to know about them -- is that they are pretty much worthless. A 2007 vote in favor of implementing the 9/11 Commission's recommendations, for example, was counted as a "liberal" vote. Norman Ornstein of the American Enterprise Institute -- certainly nobody's idea of a liberal -- called NJ's ranking "pretty ridiculous."
National Journal's just-released new rankings should remove any lingering suspicion that they might have some validity. That's because the magazine has concluded that Dennis Kucinich is the 160th most liberal member of the House of Representatives. 160! Kucinich's rating is presumably a result of votes he cast against legislation that he didn't think was liberal enough -- among NJ's "key votes" is the passage of the House health care bill, which Kucinich voted against.
So, basically: National Journal vote ratings should not be taken seriously. Unless you think Dennis Kucinich is really the 160 most liberal member of Congress and that opposing legislation from the left makes you less liberal and that implementing the 9/11 Commission's recommendations makes you liberal.
If media absolutely must refer to ideological rankings of members of Congress*, they would do well to take a look at the rank ordering done by political scientists Jeff Lewis & Keith Poole. Unlike National Journal, they don't cherry-pick a handful of votes; they looked at 694 votes for their current House rankings. And they conclude that Kucinich had the 7th most liberal voting record in 2009.
That seems a bit more reasonable than National Journal's rankings, doesn't it?
* Which, weirdly, they only seem to want to do when discussing Democrats. Maybe because if they actually looked at reasonable ranking systems, they wouldn't be able to call Lindsey Graham a "moderate."
National Journal's Stuart Taylor (whose legal analysis is, quite inexplicably, taken very seriously by the Beltway media) acknowledges that the Bush administration tortured detainees, but argues that those responsible have already "suffered" enough for their misdeeds. See, they've been called names, and their public appearances have been picketed:
Of course, when all is said and done, there is little doubt that some CIA detainees were tortured. This is a stain on our nation's honor that should never be repeated. But the responsibility was so widely diffused, across such a large number of honorably motivated officials who tried (and sometimes failed) to stay within the law, that it makes no sense to seek to atone for the nation's sins by singling out individuals for bar discipline or other punishment.
This is especially true when those individuals have already suffered greatly from being trashed as "war criminals," picketed at public appearances, stalked by grandstanding Spanish judges, and otherwise harassed across the country and around the globe.
Sure, John Yoo said it was fine with him if George W. Bush wanted to order interrogators to crush a child's testicles. But the man has been picketed! What more must he endure? Leave him alone!
Oh, and Taylor worries that a torture "truth commission" might become "adversarial":
The sort of fact-finding "truth commission" that many have advocated could report on what was done and the lessons learned -- although it could do more harm than good if such a panel conducted the sort of adversarial hearings that would become a public circus.
Yeah, we wouldn't want anyone to raise their voice to a guy who said it is OK to crush a child's testicles. That would be ... Rude. Or something.
Once again: Who cares what Stuart Taylor thinks?