It Takes a Party

Today was the final day that the Republican-led Senate could pass a health care bill with only fifty-one votes.  Under Senate procedure, budget measures can pass through the end of the fiscal year under the reconciliation process with mere majority support; once that window closes, a free-standing health care bill would lay vulnerable to the filibuster’s sixty-vote threshold applicable to all other legislation. As became clear a few days ago when Maine Senator Susan Collins joined Senators John McCain and Rand Paul (and their forty-eight Democratic colleagues) in opposing the latest iteration of this zombie bill, Republicans do not yet have the votes to accomplish their seven-year promise of radically reshaping the American health care system.

The entire multi-part Republican effort to dismantle the current health care regime has been rather surreal. Continue reading

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If The End Is Near, Why Are We Here?

Politicians and pundits have tried their best for the last ten months to unlearn the faulty logic and mistaken axioms that led to one of the biggest election day surprises in American history. These efforts have been earnest and sincere in certain quarters. Professional pollsters have taken up the unpleasant task of meaningful self-criticism with admirable gusto. A sharp dose of humility has appeared to take hold of the pundit class, at least for now. Overall, the media has covered President Trump more fairly than candidate Trump (that is, it has been more willing to honestly label dishonesty). Yet, there is one important area of political analysis that remains unchanged from the campaign to the resistance: a conviction that politically damaging, morally abhorrent behavior from Donald Trump will lead to his exit from the public scene. Continue reading

Live-Tweeting Obstruction of Justice

Three strains of executive incompetence and self-immolation came to a head this week. First, on the policy front, the administration’s absent leadership and ham-fisted threats continued its unbroken string of legislative futility as the Senate failed to pass its promised healthcare bill. Second, the wild and revolting West Wing drama cultivated by President Trump reached new heights as newly hired (and now newly fired) communications director Anthony Scaramucci caused Press Secretary Sean Spicer and Chief of Staff Reince Preibus to resign, while embarrassing himself with unhinged, confusing, and vulgar statements to the media. And third, the President escalated his assault on the rule of law by assailing his own Attorney General for recusing himself from overseeing the Department of Justice’s Russia investigation due to unavoidable conflicts just as powerful evidence between the Trump campaign and the Kremlin came to light.

Yes, it has been an unnerving few weeks for the country (to say nothing of the last six months, or the last two years). What seems to make it all the more unsettling, though, is the sense—that heavy, dank, oppressive feeling—that that there will be no consequences. The sense that the rules have changed, that none of this will make a difference, and that these monsters will get away with everything. Certainly, this fear has informed and shaped much of the media coverage, with our weekly check ins on whether the Trump diehards are holding fast (newsflash: they are!).

This aura of invincibility that many across the spectrum—left, right, middle, and the media alike—perceive enveloping President Trump is understandable. There’s a legitimate concern that our politics are so polarized, and that the Republican Party is so radicalized, that Trump will survive all outrages and abuses and stand a decent chance of reelection should the economy continue rolling along. Perhaps in the short term this view is correct; Trump will hold most Republicans and the hearts of its most active supporters, and in turn the congressional GOP will muddle along, leaving him unchecked. But the problem with applying the “Teflon Don” theory to all things Trump—including his piques of obstructionist rage and the assorted sordid happenings of son Donnie Jr.—is that it imposes a cable TV framework to legal and policy worlds unconcerned with political theatre. A criminal investigation is not a news cycle. Continue reading

Lies Are Lies Are Lies Are Lies

There are a lot of ways to lie. That was the upshot from Thursday’s dramatic Senate Intelligence Committee hearing, where former FBI Director James Comey spent the better part of three hours recounting the latest chapter in the 1960s political thriller that is our ongoing national nightmare. The hearing uncovered new ground when Comey described President Donald Trump’s efforts to obstruct the Michael Flynn investigation and implied that there was a greater scope to the underlying Russia investigation than previously thought. It also exhibited the many flavors of falsehoods.

The tutorial began the day before the hearing, when the Intelligence Committee prematurely released Director Comey’s written testimony. That seven-page submission detailed presidential intimidation in a dramatic first-person chronology of dinners and telephone calls between a wooing President Trump and a reluctant Comey. The testimony described a series of efforts by Trump as both president-elect and president to pressure the then FBI Director into engaging in deceit in its subtlest form—lying by omission. Continue reading

What’s Accurate and What’s Obvious

We keep waiting for the dust to settle, but Donald Trump refuses to stop kicking it up.  Although his ceaseless motion reveals more with every whirl, it’s hard to see exactly what’s going on right in front of us through all the grime. No doubt the effort is worth it. Determining what’s accurate with high precision is a worthwhile endeavor. Determining the reasons for his policies and pronouncements, the people most influential in his thinking, and the costs of his actions is critical to a righteous, small “d” democratic opposition. Provable, specific facts are the component parts of any indictments or articles of impeachment, and Trump’s totalitarian truthiness must be met with honest, ethical reporting. But in striving for the perfect truth, let’s not lose sight of the obvious. This lesson keeps popping up in a few critical, and often overlooked, ways. For even before we know the whole truth, we often know enough to distinguish right from wrong from immoral. Here are three obvious truths that appear to be getting lost in the distracting thrashing of the Trump administration. Continue reading

Taking The “Reform” Out Of “Tax Reform”

Everyone is talking taxes these days, and not just because the deadline for filing individual tax returns came and went this past week. Last Saturday, administration opponents marched in Washington and other cities to protest President Trump’s refusal to release his tax returns. Last month’s battle over the American Health Care Act turned in part on the budget consequences of repealing the Affordable Care Act’s redistributive taxes on high-income individuals. New polling suggests that Americans of both political parties are increasingly concerned about how few taxes corporations and the wealthy pay. And now, congressional Republicans have promised to pass a comprehensive tax reform bill for President Trump’s signature that will both simplify the tax code and reduce taxes on most Americans.

It’s unclear whether Republicans will make another go at trying to pass health care reform before taking on taxes. The intricacies of the budget reconciliation procedure required to get around a senate filibuster will play a part in the decision, though the President, with typical off-the-cuff bluster, announced a tax bill would be forthcoming this week. But regardless of the order, the whole agenda is doomed. While the contradictory Republican politics on healthcare has attracted most of the attention, the difficulty of harmonizing GOP dogma with the practicalities of tax reform are just as stark. What Republicans talk about when they talk about “tax reform” (perhaps the title of Paul Ryan’s frighteningly bad Raymond Carver adaptation) is quite different, and far more unpopular, than what the rest of us understand it to be. Continue reading

The Politics of Feeling

The seemingly pointless infighting between professional Democrats and its grassroots activists over the direction of the party has many liberals concerned. If the party is united in opposition to President Trump’s agenda, his controversial executive and judicial appointments, and his very presence in the Oval Office, why would its members turn to infighting and bickering about the way forward? After all, it’s not just Trump that connects Democrats of all stripes. Even after a deeply disappointing electoral defeat in November and the predictable media handwringing about out-of-touch, Eastern elites that followed, there has been surprisingly little dissent from the basic tenets of party orthodoxy as laid out in the 2016 Democratic platform. Protecting health reform, reducing income inequality, increasing taxes on the wealthy, combating climate change, passing criminal justice reform, expanding worker protections and LGBT rights. There remains no serious divergence from this agenda.

And yet…things are not so harmonious. Continue reading

A Disastrous Double-Standard

As the remarkable story of President Trump’s secret ties to Russia unfolds each day, it is hard not to think back to the day last summer where a press conference about a different investigation, with a different potential target, and an undoubtedly different outcome became the center of the political universe. On July 5, 2016, FBI director James Comey took to his high podium to deliver a statement about his organization’s criminal investigation into potential mishandling of classified information by former Secretary of State and then-presumptive Democratic nominee for president Hillary Clinton. As Comey himself admitted, it was “an unusual statement.” He both gave “more detail about our process than [he] ordinarily would” while “not coordinat[ing] or review[ing] [his] statement in any way with the Department of Justice.” Intense public interest and importance, he said, justified his departure from protocol.

Comey’s statement was unusual for another reason. Despite finding no deceit or destruction of evidence, finding no intent to disclose classified information, and ultimately concluding that Clinton sent or received a mere 110 e-mails in 52 e-mail chains (plus six others found by examining e-mail fragments) containing classified information over a private server, he felt the need to publicly chastise his investigation target. Although determining that no reasonable prosecutor would bring charges based on such meager evidence of intentional mishandling of classified information, Comey took time to make the damaging and debatable charge that Clinton had been “extremely careless” and speculatively ruminated that it was “possible” a hostile foreign actor had accessed Clinton’s communications.

Now we know that just weeks after Comey made these public statements about a confidential investigation, his FBI was actively investigating the far more explosive possibility that Clinton’s Republican opponent in the presidential race was intentionally conspiring with a hostile foreign power to influence the election in his favor. Continue reading

The President Has No Clothes

A host of insider tell-alls coming from within the White House have revealed what we knew would be the case—Donald Trump and his minions don’t know the first thing about running the Government. Two weeks ago, the New York Times described an executive branch led by a lonely man wandering the West Wing in his bathrobe and staffed by “a surprisingly small crew of no more than a half-dozen empowered aides with virtually no familiarity with the workings of the White House or federal government.” Last Sunday, the Washington Post detailed how one of Trump’s closest “friends” first privately, and then quite publicly, told the president that his chief of staff, Reince Preibus was “in way over his head.” That same day, the New York Times reported that the National Security Council was in a state of disarray: “Three weeks into the Trump administration, council staff members get up in the morning, read President Trump’s Twitter posts and struggle to make policy to fit them.” Now, Politico and other outlets are reporting that Trump is considering a massive staff-shakeup less than a month into his presidency, and that aides like Preibus and Press Secretary Sean Spicer may be out the door soon. Continue reading

If It’s Already Broke…

Donald Trump’s selection of Judge Neil Gorsuch to fill the current Supreme Court vacancy has left Democrats in a difficult position. On one hand, Judge Gorsuch is a qualified and conventional nominee on the conservative end of mainstream legal thought. Under a traditional understanding of the Senate’s constitutional role of providing “advice and consent,” qualified nominees without extreme ideological records should receive a prompt hearing and handy confirmation. Obstruction of Judge Gorsuch under these standards would upend the smooth functioning of the judiciary and politicize the Court, thus undermining public faith in a bedrock American institution.

On the other hand, these aren’t traditional circumstances. Continue reading