Category: Congress

Congressman Jay Inslee (WA-01) announced his candidacy for Governor of the State of Washington in Seattle Monday, and Your Erstwhile Reporter was present.

The candidacy was announced with a speech that focused on “process improvements” and the invocation of new technology jobs as an economic engine for job growth (and in fact the event took place at the headquarters of a company that has developed seed-derived biofuels that have been used to power military and commercial aircraft).

But that’s not the part that’s going to be the most interesting for the civil-rights supportive reader.

The most interesting part is that Inslee was quick to offer his support for full marriage equality in the State of Washington, should he find himself elected.

HBO is on tonight!

What is Hot Coffee? It is a feature documentary by Susan Saladoff about “what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s.” Apparently after listening to her interview on the Leonard Lopate Show, I decided that the documentary is about much more than that.

Filmmaker Susan Saladoff, a former public interest lawyer, talks about her documentary “Hot Coffee,” about the McDonald’s coffee case, which continues to be cited as a prime example of how citizens use “frivolous” lawsuits to take unfair advantage of America’s legal system. But is that an accurate portrayal of the facts? The movie looks at the infamous legal battle that began with a spilled cup of McDonald’s coffee and investigates America’s zeal for tort reform, which, Saladoff argues, could restrict the legal rights of everyday citizens and undermine the entire civil justice system.  

You can listen to the interview here. Why don’t you come back here for for a Hot Coffee Open Thread? But right now why don’t you use the time to get friends who never found out the root of tort reform propaganda in America interested in the documentary that will be on HBO at 9 p.m. eastern and pacific and 8 o’clock in central time zones.

While you are helping to create an informed constituency, I’ll give a few details about Susan Saladoff’s discussion with Leonard Lopate below.  

Cross posted from The Stars Hollow Gazette

Has Barack Obama over-stepped his constitutional authority by continuing to participate in the Libya NATO action without congressional consent? Like George W. Bush ignoring the law banning water boarding as torture, Obama has decided to ignore the War Powers Resolution and the advice of two top lawyers from the Pentagon and his own DOJ. In the New York Times, Charlie Savage writes a scathing analysis of the president’s actions:

   President Obama rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization, according to officials familiar with internal administration deliberations.

   Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, the acting head of the Justice Department’s Office of Legal Counsel, had told the White House that they believed that the United States military’s activities in the NATO-led air war amounted to “hostilities.” Under the War Powers Resolution, that would have required Mr. Obama to terminate or scale back the mission after May 20.

   But Mr. Obama decided instead to adopt the legal analysis of several other senior members of his legal team – including the White House counsel, Robert Bauer, and the State Department legal adviser, Harold H. Koh – who argued that the United States military’s activities fell short of “hostilities.” Under that view, Mr. Obama needed no permission from Congress to continue the mission unchanged.

The question is could this open an investigation by the House to consider impeachment. Several other lawyers have their own views, none of them very pretty.

And now we’re over a decade of oh so many lessons not learned and in not one but two theaters of with a third front being bombed and invaded right next door to one of the two and joined with NATO in bombing another that the previous administration had brought the leader of back into the fold after years of calling him a terrorists supporter and supporting terrorists criminal acts!

Cross postedfrom The Stars Hollow Gazette

Since 1962 the debt ceiling has been raised 74 times. Under George W. Bush, it was raised ten times without amendment. The current fiscal problems were caused by the Bush tax cuts, the Afghanistan and Iraq Wars and the economic downturn that both Republicans and Democrats refuse to realistically address by investing in this country, raising revenue, yes taxes, and closing the tax loop holes for corporations. The deficit will not be reduced by ending Medicare and decimating Medicaid and forcing seniors to pay 68% of the costs. That Medicare is even on the table without the tax increases for the top 1% should be a non-starter for negotiations on limiting the debt or raising the debt ceiling. The only reason that I can see this is even a discussion is that the President and the Democrats are beholding to the health care industry and pharmaceutical companies that would benefit in the trillions of dollars if Medicare and Medicaid are ended.

Every Democrat in the House who voted “nay” on the clean bill to raise the debt ceiling should be primaried with a real Democrat who will vote for the best interests of the middle class and the poor and not negotiate away their safety nets to make the rich wealthier.

Cross posted from The Stars hollow Gazette

The GOP staged a debt ceiling “stunt” vote by presenting a clean bill to the floor of the House under suspension of the rules. Suspension of the rules requires a 2/3 vote, allows only 40 minutes of debate and prohibits amendments. Chris Hayes, an editor at the Nation sitting in for Lawrence O’Donnell, discusses the House vote on this not so funny “joke” with Rep. Earl Blumenauer (D-OR).

Jon Walker at FDL observes

This move is the ultimate expression of political kabuki, and goes beyond just a show vote. Even if there were a majority of the House that supported voting for a clean debt ceiling increase, due to suspended rules, they now have no incentive to actually vote for the bill. After all, voting to raise the debt ceiling isn’t very popular, so knowing this bill can’t get a two-thirds vote, individual members have no reason to take an unpopular vote that will end up doing nothing.

Boehner isn’t having a vote on a clean bill to prove it can’t pass without major concessions, he has preordained the bill’s failure, taking away members’ reasons to actually vote for the bill, therefore assuring the final roll call will look very bad. Boehner will then point to this big failure he himself guaranteed as somehow justifying his making even more demands.

The hostages takers are demanding even more ransom and they won’t be satisfied until all the hostages are dead.

Cross posted from The Stars Hollow Gazette

Back in October, I wrote this article, Separation of Powers Game of Chicken, which discussed the use of pro forma sessions to block the president from making recess appointments. The reason I’m resurrecting this discussion is that Senate Majority Leader Harry Reid has scheduled these pro forma sessions over the holiday weekend to prevent President Obama from appointing Elizabeth Warren as head of the Consumer Financial Protection Board over the objections of Republicans. As with the blocking of Richard Diamond, an eminently qualified Nobel economist, to the Board of Directors of the Federal Reserve, it is Sen. Richard “no” Shelby (R-AL) who has said he will put a hold on Dr. Warren’s appointment if the president nominates her.

Republicans used the threat of a procedural blockade to make sure President Barack Obama wouldn’t be able to make recess appointments while the U.S. Senate is on a break next week, including naming Elizabeth Warren to head the Consumer Financial Protection Bureau.

Instead of allowing all senators and their staffs to leave Washington, Majority Leader Harry Reid scheduled “pro forma” sessions, in which the chamber officially opens for the day, then gavels to a close right away. That can be handled by two lawmakers and aides.

Any time the Senate breaks for four days or more, the president has the power to officially appoint a nominee for a limited period without having to wait for a confirmation vote.

snip

Reid, a Nevada Democrat, kept the Senate in pro forma sessions during the final months of Republican President George W. Bush’s administration to block him from appointing nominees that Democrats had refused to confirm.

If Reid hadn’t decided to quietly schedule pro forma sessions, another procedure could have publicly forced him to do so. The House is required to agree to Senate recesses, and concurs as a matter of routine.

Confused? Is Reid a Democrat? Or has he secretly gone over to the dark side? It is time for the president and the Democrats to put on their “man pants” and call out these faux sessions that are constitutionally not legal sessions. I will repeat the arguments of why these pro forma sessions are not constitutional and do not stop the president from making recess appoints.

Victor Williams, Assistant Professor at the Catholic University of America School of Law and an attorney, writing for the The National Law Journal makes the argument that the pro forma sessions every three days during recess are little more “than a game of separation-of-powers chicken”. There is nothing in the Constitution and Appellate courts have ruled that “there is no minimum recess time required for a valid recess appointment”.

But there is no minimum recess required under any law. The three-day minimum recess is fiction – as fake as are the Senate faux sessions. Better to begin with nonfiction – the Constitution.

In 2004, the U.S. Court of Appeals for the 11th Circuit ruled: “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.” In Evans v. Stephens, the 11th Circuit, following prior 9th and 2d circuit rulings, broadly affirmed the executive’s unilateral recess commissioning authority during short intersession and intrasession breaks.

Even the Senate’s own Congressional Research Service reports: “The Constitu­tion does not specify the length of time that the Senate must be in recess before the President may make a recess appointment.” . . .

The president’s constitutional appointment authority cannot be trumped, or even limited, by Senate scheduling shenanigans. In fact and law, the 111th Senate is now dispersed to the four corners for six campaign weeks. Gaveling open, and then gaveling closed, a half-minute meeting of an empty chamber is not a legitimate break in the recess. A Senate quorum could not be gathered; neither legislative nor executive business could be conducted. Constitutional law demands substance over form.

The faux sessions only further expose the broken institution and its failed, dysfunctional confirmation processes.

At bottom, recess appointments are a matter of presidential will. In 1903, Theodore Roosevelt set the standard when he recess-appointed 160 officials during a recess of less than one day.

Mr. Williams points out that George W Bush’s failure to call this should not be Barack Obama’s.

Perhaps it is George W. Bush’s fault that the media erroneously reported that Obama’s recess appointment authority is lost. When majority leader Harry Reid first used the pro forma tactic against Bush over Thanksgiving, 2007, the 43rd president failed to push back.

Bush did not recess appoint for the remainder of his term despite calls for him to call Harry Reid’s bluff. A commissioning of even one noncontroversial nominee to a low level position would have asserted the executive’s prerogative. His failure to do so may be mistakenly interpreted as setting a precedent. It does not.

As I have noted on this site, Harry Reid appears to have gotten the better of George Bush; bluffing is a basic gambling skill for separation of powers and Texas Hold ’em.

This government is in need of a major shake up. It’s time that the President and the Democrats stood up for the people who put them in office. End the game, call the bluff.

Cross posted from The Stars Hollow Gazette

This country stands on the edge of no longer existing as the Founding Father’s envisioned in the Constitution. Congress is about to infer on the Executive branch unprecedented power to wage war anywhere, detain or assassinate anyone, anywhere without due process and continue the expansion of the national security and surveillance state. The renewal of the reviled Patriot Act, is slated to be passed by congress with bipartisan approval today. As Jon Walker so astutely observes:

The often praised “bipartisanship” is rarely ever the product of both parties coming together around what the people want, and almost always about using each other as cover to avoid electoral consequences for voting in opposition to the will of the electorate.

The controversial Patriot Act, a bill once despised by almost every Democrat, passed cloture in the Senate on Monday night by 74 to 8. As Glen Greenwald noted only bills in support of Israel get this kind of near unanimous support. Eight Senators voting against cloture were Independent Sen. Bernie Sanders, Democrats Jeff Merkley, Mark Begich, Max Baucus, and John Tester, and GOP Senators Lisa Murkowski, Rand Paul, and Dean Heller. Tester and Paul spoke out specifically, objecting to the most egregious parts of the bill and the need for reform.

In America, today, there are three kinds of drivers: those who look at the other gas pumps down at the ol’ gas station and think: “Oh my God, I can’t believe how much that guy’s spending on gas”, those who look at their own pump down at the ol’ gas station and think: “Oh my God, I can’t believe how much I’m spending on gas” – and those who are doing both at the same time.

Naturally, this has brought the Sarah Palins of the world back out in public, and once again the mantra of “Drill, Baby, Drill” can be heard all the way from the Florida coast to the Arctic National Wildlife Refuge.

But what if those folks have it exactly backwards?

What if, in a world of depleting oil resources, the last thing you want to do is use yours up?

To put it another way: why isn’t all our oil part of the Strategic Petroleum Reserve?

Cross-posted at DailyKos and Progressive Blue.

With the House of Representatives at recess it can’t happen this week but Sec. 1034 of National Defense Authorization Act (NDAA) that was marked up by members of the House Armed Services Committee (HASC) last Wednesday is very disturbing. The Bill has the potential to set up Army on American street scenes from the movie “The Siege” and, with a little massaged intelligence, U.S. Armed Forces suppressing nurses planning to protest for single payer health care.  

Last week at the ACLU blog there was Unchecked Executive War Power Could Slip Through the House

Tucked inside the National Defense Authorization Act, being marked  up by the House Armed Services Committee this week, is a hugely important  provision that hasn’t been getting a lot of attention – a brand new  authorization for a worldwide war.

This week there is House Gets Ready to Vote on New Worldwide War

A couple of  minutes past midnight, Rep. John Garamendi (D-Calif.) offered an amendment to  strike Sec. 1034 – the new authorization for worldwide  war provision – from the NDAA. Visibly angry that such a large sweeping provision  had not yet had any public hearing whatsoever, he vigorously characterized it  as a very broad declaration of war.

That amendment debate ended quickly (about ten minutes) and Rep. Garamendi’s plans to introduce it again on the House floor where he expects more results. But this bill has the potential for the Chief Executive to use military force anywhere in the world (including your back yard) in search of terrorists.

Though it is a very troubling expansion of war authority, it has been lingering for more than three years as a “sleeper provision,” and it is finally getting the attention of some members of Congress. We hope that further debate in Congress in the weeks ahead will allow for a more in-depth examination of unchecked authority to wage worldwide war, and what the outcomes of such a provision will yield.

We Hope? Feel like contacting your Congressperson to express your thought on Posse Comitatus before it slips through?  

They tell us we’re dropping about $10 billion a month in Afghanistan so we can catch that Bin Laden guy…but eventually, we’re gonna catch him, and as soon as we do you can imagine that folks will be wondering why we’re still over there – and I gotta tell ya, I’m one of those people.

I mean, we’re over here talking about how we’re so broke that we have no choice but to cut a couple of billion from heat assistance for the poor, and a billion-and-a-half from the Social Security operations budget, and money from food stamps and childcare assistance and tornado forecasting in Alabama…but every single month, just as regular as clockwork, we seem to be able to find another $10 billion to spend in Afghanistan, even as we have an economy that could badly use another round of truly productive stimulus.

And I don’t think y’all even realize just how much money $10 billion really is – but today we’re gonna see if we can’t fix that with a bit of a thought exercise.

Imagine if we set up a program that took that Afghanistan money and spent it right here at home for a year or two – and it was spent in the form of a lottery, where we stimulate the larger economy, help fix the mortgage crisis, and create a more energy-independent nation, all at the same time.

I got all we need except a catchy name; with that in mind let’s move on to the description of how the Happy Super Fun Day Peace Lotto Stimulus Thingy works.  

Cross posted from The Stars Hollow Gazette

The GOP really hates women so much that they have been barely able to focus on little else at times. They managed to stop the District of Columbia from using its own money to assist poor women in obtaining the procedure by attaching a rider to the continuing resolution to fund the government throwing Democrats the bone of removing the rider that would have defunded Planned Parenthood.

Tonight Think Progress reports the House passed H.R. 3 which proposes some of the most radical and draconian restrictions on women’s rights:

– Redefinition Of Rape:

The bill sponsor Rep. Chris Smith (R-NJ) faced serious backlash after he tried to narrow the definition rape to “forcible rape.” By narrowing the rape and incest exception in the Hyde Amendment, Smith sought to prevent the following situations from consideration: Women who say no but do not physically fight off the perpetrator, women who are drugged or verbally threatened and raped, and minors impregnated by adults.

Smith promised to remove the language and while it is not technically in the bill, Mother Jones reports that House Republicans used “a sly legislative maneuver” to insert a “backdoor reintroduction” of redefinition language. Essentially, if the bill is challenged in court, judges will look at the congressional committee report to determine intent. The committee report for H.R. 3 says the bill will “not allow the Federal Government to subsidize abortions in cases of statutory rape” – thus excluding statutory rape-related abortions from Medicaid coverage.

– Tax Increase On Women And Small Businesses:

H.R. 3 prevents women from using “itemized medical deductions, certain tax-advantaged health care accounts or tax credits included in last year’s health care law to pay for abortions or for health insurance plans that cover abortion.” In doing so, the bill forces women and small businesses that provide health insurance that covers abortion to pay more in taxes than they would otherwise.

– Rape Audits:

Because H.R. 3 bans using tax credits or deductions to pay for abortions or insurance, a woman who used such a benefit would have to prove, if audited, that her abortion “fell under the rape/incest/life-of-the-mother exception, or that the health insurance she had purchased did not cover abortions.” Essentially, the bill turns Internal Revenue Service agents into “abortion cops” who would force women to give “contemporaneous written documentation” that it was “incest, or rape, or [her] life was in danger” that compelled an abortion.

Former House Speaker Nancy Pelosi has called this bill the “most comprehensive and radical assault on women’s health in our lifetime” and the president has already said that he would veto this bill if it made it to his desk which is doubtful since the Senate would never pass it. That doesn’t mean they won’t try to attach it to the Debt Limit Compromise. As David Dayen reports Rep. Trent Franks R-AZ) has already proposed just that with the blessing of House Speaker John Boehner:

   The decision to put the measure on the floor is giving new hope to some social conservatives who want their issues swept up into the debt limit debate.

   Rep. Trent Franks, an anti-abortion advocate, said that House Republicans “have some leverage” to get the Democratically controlled Senate to take up the legislation, similar to the way House Republicans forced an amendment onto the continuing resolution that would defund federal funding for Planned Parenthood. As part of a larger agreement on the final CR, Senate leaders agreed to hold a separate vote on the Planned Parenthood amendment […]

   While Franks, a two-term lawmaker from Arizona, acknowledged that a balanced budget amendment may be better suited to be part of a compromise debt limit vote, he still has hope for a Senate vote on an anti-abortion bill.

   Franks isn’t alone in hoping that H.R. 3 is part of the discussion on the debt ceiling extension.

   “What we use the debt limit to leverage is really up to the leaders, [but] I would think this would be one of the bills that we could be asking for,” said Rep. Joe Pitts (R-Pa.), an ardent anti-abortion supporter.

I really despise these people.