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George Zornick | The Nation

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George Zornick

George Zornick

Action and dysfunction in the Beltway swamp. E-mail tips to george@thenation.com

James Comey's Troubling Answers on Surveillance and Transparency


James Comey. (AP Photo)

If James Comey is confirmed to be the next director of the Federal Bureau of Investigation, he will naturally find himself at the center of the rapidly evolving debate over government surveillance.

The FBI is often the organization making applications to the Foreign Intelligence Surveillance Court, which, as we’ve learned thanks to Glenn Greenwald at The Guardian, is authorizing all sorts of broad, and deeply troubling, surveillance. For instance, it was the FBI who made the now-infamous application to FISC mandating that Verizon turn over all of its telephonic metadata to the National Security Agency.

This means members of the Senate Judiciary Committee had a serious obligation to press Comey on this issue—not least because, despite his bold stance against the very worst excesses of the Bush administration’s surveillance techniques, he still approved several other problematic surveillance programs.

To their credit, some senators did so. Comey’s responses, taken in total, were quite troubling—and signified that the administration isn’t ready for the “debate” that President Obama claimed he wanted about the government’s surveillance programs.

Several senators focused on the opaque nature of the FISC. Comey was asked repeatedly if FISC was a “rubber stamp” for government surveillance requests, and not a meaningful check on executive authority.

First, Comey pushed back against the idea that FISC is not, functionally, a check on government surveillance demands:

COMEY: Sometimes folks also don’t understand what the FISA Court is. They hear “secret court,” sometimes they hear “rubber stamp.” In my experience, which is long, the FISA court—folks don’t realize that it’s a group of independent federal judges who sit and operate under a statutory regime to review requests by the government to use certain authorities to gather information. And it is anything but a rubber stamp. Anyone who knows federal judges, and who appears before federal judges, knows that calling them a rubber stamp shows you don’t have experience before them.

But only about ten minutes later, in a dialogue with Senator Chuck Schumer, Comey said this:

I hear folks say that quite often, that the government is undefeated in front of the FISA court, so how can it be a real court? I know from criminal cases that—I don’t know of a case where a wiretap application in a criminal case has been rejected by a federal judge, certainly none that I was involved with. And the reason is, we [law enforcement] don’t ever want that to happen. So we work like crazy to make sure we have our ducks in a row, we have probable cause easily cleared, because if we lose that credibility with the court, we worry that we’ll have lost something that we can’t ever get back. So I know that in FISA applications and criminal applications for court-order wiretaps, the government is extremely conservative in putting together what it presents to the court.

Here Comey is acknowledging that FISC approves virtually every government request before it, but only because, he contends, law enforcement is almost always operating with due cause—as is demonstrated by the near-total approval rate for surveillance applications in federal in state courts.

Comey is right about that part: each year, the administrative office of the United States Courts releases a breakdown of wiretap requests in federal and state courts. In 2012, authorities made 3,397 intercept requests, and judges issued 3,395 approvals. (That’s a 99.9 percent approval rate.)

That may reflect some deeper philosophical and legal problems with the American justice system, unless you believe Comey that law enforcement is always judicious with its surveillance requests.

But put that aside for a moment—there is a huge problem with drawing parallels between FISC and surveillance courts. The aforementioned wiretap report details what types of crimes were being pursued for each requests; what the arrest rate was, and how the requests are increasing year to year. The analogous FISC disclosure of government requests and subsequent approvals contains almost no information.

Also, in civilian courts, we can often find out the nature of surveillance requests after the fact, right down to the affidavits that were submitted. (To use a newsy example, here is what authorities told a judge when they wanted permission to use surveillance to nab former New York Governor Eliot Spitzer for soliciting prostitutes.) But FISC requests are never declassified.

More importantly, FISC never discloses legal rationales that expand the legal basis for approving surveillance requests.

When a federal or state judge considers a government surveillance request, the underlying legislation and case law is well-settled and public, and when courts revise the standards, we can read the opinions.

We know the laws that allow NSA surveillance, but recent disclosures show that FISC appears to be dramatically expanding that legal authority. Senator Jeff Merkley, called on the White House to release summaries of “secret court opinions that include significant findings about the legal scope of the NSA surveillance programs.” Senator Dianne Feinstein—a strong defender of NSA surveillance—also wants those opinions released, as does the NSA director.

But does Comey? Senator Charles Schumer asked him, and Comey dodged the question:

SCHUMER: In order to make sure that we strike the right balance as a society, we need to know more about what the FISA Court is approving in these programs as they’ve been reported. My questions to you are as follows. First, would you be willing to support declassifying or releasing declassified summaries of FISA court opinions that have been issued regarding these programs, as Senator Merkley proposes to do in a bill that I am a supporter of, obviously with limitations on any security breaches?

COMEY: Senator, I agree with you that transparency is a critical value, especially when weighing trade-offs between security and liberty. I am also aware that the Director of National Intelligence is looking at that very question. Because I don’t know what’s in the opinions, and I also I don’t know what’s on the other side in terms of concerns about classified information, It’s hard for me to say at this point. I think it is a worthy exercise to look closely at it though.

Comey could have continued his analogy with civilian courts and backed disclosure, but he didn’t. More importantly, his testimony was no doubt closely coordinated with the White House, which chose not to have their new FBI director embrace the debate Obama claims he wants. It’s certainly should be enough to cause concern among Senators when considering Comey’s nomination.

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Why should you care about Comey? Read this.

How the Sequester Savages the Long-Term Unemployed

The sequester isn’t so scary—that’s what The Washington Post proclaimed this week. It’s an attitude many people in Washington seem to have adopted, as momentum to solve the slashing automatic cuts has almost entirely vanished.

But for Sharon MacGregor, a graphic designer and medical education worker in Paterson, New Jersey, the sequester is terrifying indeed. MacGregor was laid off last July when her company went belly-up, and she is still looking for work. She is one of the 4.3 million* Americans who are “long-term unemployed,” which is defined by the Bureau of Labor Statistics as being unable to find work for more than twenty-seven weeks.

Once you become long-term unemployed, you start drawing from the federal Emergency Unemployment Compensation fund, which was signed into law by George W. Bush in 2008 as the economy cratered. The idea was to throw a lifeline to people who exhausted the standard twenty-six weeks of state unemployment benefits, in a recession that, even today amidst a so-called recovery, has an average unemployment length of almost thirty-seven weeks.

But the EUC, like most federal programs, is subject to the automatic sequester cuts, and will lose $2.4 billion this fiscal year. (That represents 8 percent of the $30 billion in domestic non-Medicare budget sequester cuts.) It’s a big chunk of money—and it’s being taken away from the people who have already suffered the most during the downturn. The average resulting benefit reduction is $43 per week, out of an average EUC benefit of $289.

States have some flexibility about when to implement the cuts, and New Jersey chose June 30—meaning that very soon, MacGregor will get her first check where her benefits have been sequestered by the US Treasury. Because she collects close to the maximum EUC benefit, MacGregor expects to lose $225 every two weeks.

“I support myself. That’s $500 less I’ll have a month,” she told The Nation. “Unemployment was already a significant cut—like 50 percent of my old salary. So now I’m going down even more, to about 40 percent of my old salary.”

MacGregor said she was already on a bare-bones budget, buying only what she needs, and receiving a rent reduction in exchange for caring for an infirm neighbor. She said the sequester cut will force her to extend her credit purchases and borrow from her parents—after having a career of her own for over twenty years now. “This is gonna… it’s not enough,” she said. “I don’t have enough to make ends meet right now.”

She added that she is allowed to work part-time in addition to her unemployment benefits, but can’t earn more than 20 percent of her unemployment check, or else she’ll lose the benefits. But since the check is smaller, so too is the 20 percent threshold. “So it’s not like I can even make up the income anywhere else—I can’t,” she said.

MacGregor’s story is unfortunately typical for the millions of Americans who will see their long-term unemployment benefits cut, or already have.

“It’s pretty hard to overstate the significance. These are folks who can least afford to absorb these kinds of cuts,” said Maurice Emsellem, policy co-director at the National Employment Law Project. “They’re tapped out financially. They are surviving week by week on these benefits, for the most part, so a significant cut to their benefits—it just makes is really hard to pay your bills, put food on the table.”


Click to enlarge

NELP released a study this week showing how the EUC cuts would be felt in all fifty states, which faced difficult choices about how to implement the benefit cuts. Some initiated the cuts quickly, which meant the benefit reductions were spread out over more time and thus smaller—about half of the states initiated the cuts in May and June.

The states with the highest percentage reductions for all weekly EUC benefits are Maryland (22.2 percent), New Jersey (22.2 percent), Montana (19.6 percent), Connecticut (19.2 percent), Arizona (16.8 percent) and Illinois (16.8 percent).

New Jersey, like several of those states, has among the highest unemployment rates in the nation. The delay in implementation meant an average cut of $85 per week in the state, or a 22 percent reduction.

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MacGregor said she’s reached out to all of her Congressional representatives, pleading for a fix—but hasn’t gotten anywhere. “You get the standard BS back. The BS form letters you get back. You never get anybody to call you, or get back to you personally,” she said.

“I just think it’s wrong. Congress can pull the salaries that they can pull, and get the benefits that they get, and yet they expect us to bear this burden. They don’t even care. The unemployed are like a joke to them,” MacGregor continued. “I just think this country is just… what happened to taking care of our own? We don’t do it anymore.”

*This number has been updated.

Inside the new—exploitative—temporary economy.

Will Mel Watt Back Principal Reduction?


A home under threat of foreclosure in San Antonio, Monday, February 23, 2009. (AP Photo/Eric Gay)

The crucial context to President Obama’s nomination of Representative Mel Watt to head the Federal Housing Finance Agency is principal reduction for distressed homeowners: in other words, a policy to reduce what some people with underwater mortgages owe.

FHFA controls Fannie Mae and Freddie Mac, which in turn holds 60 percent of the mortgages in the United States. The Congressional Budget Office estimated last month that if the FHFA director ordered even a modest write-down of the underwater mortgages held by Fannie and Freddie, 1.2 million borrowers could benefit—and, the government would save $2.8 billion and avoid 43,000 defaults.

FHFA’s current director, Edward DeMarco, has refused to enact this policy—leading to a progressive “Dump DeMarco” campaign. The administration presumably had this in mind when it nominated Watt—who has backed principal reduction strongly in the past—to take DeMarco’s job. (Obama’s Treasury Department agrees that write-downs should happen.)

So, naturally this all came up in Thursday’s Senate Banking Committee confirmation hearing for Watt and four other financial regulatory nominees. Senator Pat Toomey pressed Watt to pre-emptively declare he would not engage in any write-downs.

Watt, to his credit, did not agree—but he also didn’t endorse the policy, and said some potentially troubling things about its supposed necessity.

It’s worth reproducing the exchange nearly in full, as it was the only time principal reduction came up.

TOOMEY: Are you prepared to commit, now, that you will not implement principal reductions on mortgages?

WATT: …I suspect I will be asked to look at that again because some people will still think it’s a relevant question, despite the fact that housing prices have gone up and there are fewer and fewer people underwater at this point than there have been.

But I would start, as I would with any issue that has been decided already by FHFA, I would start by studying carefully how that decision was reached, what it was based on, and then I would build on that new information—the information on which that decision was made is a year and a half old now—and make a responsible decision.

So Watt is pledging to revisit the issue and won’t agree to rule out principal reduction—that’s good. But his suggestion that it may no longer be “relevant” is slightly troubling—there millions of Americans still underwater, including over a million with mortgages at Fannie and Freddie that are either already delinquent or headed that way.

Toomey jumped back in here, and tried to pin Watt down by noting he signed a letter in December demanding DeMarco enact principal reduction.

TOOMEY: The concern is that the information was quite recent, but available, when you signed a letter in December, urging exactly this principal reduction despite the fact that FHFA analysis [said] that this was not a good idea—was not a good idea for the enterprises, wasn’t a good idea for the taxpayers, and I don’t think it’s a good idea for mortgage credit availability generally. And so the concern is that based on the data then, and the analysis then, that suggested this was a bad idea, you nevertheless recommended it. So that’s why I’m wondering how we should view this now.

Note that Toomey is wrong here—the FHFA analysis didn’t quite say that, or at least the parts it didn’t release publicly didn’t say that. Also, there’s that recent CBO report saying the opposite, along with a raft of similar outside studies.

Watt immediately noted that—but then went on to almost disclaim the letter demanding principal reduction.

WATT: First of all, there was conflicting data out there. Obviously FHFA had made a decision that reached one conclusion, but there was conflicting data.

Second of all, you’ve got to understand that I was a member of Congress representing my constituents, many of whom were underwater and advocating for relief for them. You should have no doubt that I will be a strong and aggressive advocate for the taxpayers in this role, because I view them as my constituents in this role, not the constituents that I represented before.

What’s potentially troubling here is that “I’m looking out for the taxpayers, not homeowners” was DeMarco’s mantra when he declined to enact principal reduction.

That said, Watt is correct—if not inspiring—in describing his new constituency as potential FHFA head. And of course one must remember the context here: a tough confirmation process. Republican Senators Bob Corker and Mike Crapo both appeared to be opposed to Watt’s nomination during the hearing. (At one point, Senator Elizabeth Warren said “If I could, I’d vote for Congressman Watt twice.” Watt deadpanned: “You might need to do that.”)

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So should reformers be concerned about Watt’s answers?

“That’s what we expected,” said Tracy Van Slyke, director of New Bottom Line, about Watt’s careful comments around principal reduction. “He’s not the head of FHFA yet. He needs to get in there…. We understand this is a confirmation hearing.” She added that his past support of principal reduction “set the tone that he’s going into FHFA with a much more open mind.”

Van Slyke added that her group would continue to pressure Watt if he’s concerned to make sure principal reduction is done, and done “the right way.”

But she did acknowledge his answer that seemed to downplay its necessity was a little worrisome. “I think that’s some education that still needs to happen,” she said. “We know that right now the housing recovery, the so-called housing recovery, is actually benefiting the corporations and banks that profited off the first housing bubble.”

George Zornick laments the long road towards justice for homeowners.

Can Congress Fix What John Roberts Wrecked?


Chief Justice John Roberts. (AP Photo/Keith Srakocic)

The bad news about Tuesday’s Supreme Court ruling in Shelby County v. Holder is, of course, that the majority declared Section 4 of the Voting Rights Act unconstitutional. That’s the part of the law that determines which localities are covered under Section 5, which requires areas with problematic voter discrimination to pre-clear any changes to voting laws with the Justice Department.

The good news, however, is that the Court did not find Section 5 itself unconstitutional, much to the chagrin of some conservatives. Chief Justice John Roberts wrote, “Congress should update the coverage formula to require that states and localities with recent voting rights violations preclear new election law changes.”

The Beltway wisdom is that this will never happen—the Congress is hopelessly dysfunctional, and specifically, obstructionist Republicans are happy with the Supreme Court’s decision and completely unwilling to allow new formulas for Section 4. “As long as Republicans have a majority in the House and Democrats don’t have sixty votes in the Senate, there will be no preclearance,” Senator Charles Schumer declared bluntly Tuesday.

But everything is impossible until it isn’t. Suppose for a second Congress is able to act on Roberts’s request to update the coverage formulas—how would it do so?

One step would be to have the Senate Judiciary Committee pass out such legislation. The chairman of that committee, Senator Patrick Leahy, has already promised to do that: “I intend to take immediate action to ensure that we will have a strong and reconstituted Voting Rights Act that protects against racial discrimination in voting,” he said in a statement Tuesday.

The next would be to have that bill debated by the full Senate. And Majority Leader Harry Reid is already on board, too: “I have asked Chairman Leahy to immediately examine the appropriate path for the Senate to address this decision,” he said Thursday. “I am confident in Congress’s ability to judge what is necessary to prevent racial discrimination in election practices.”

So far, so good. The House, of course, is a tougher road: the majority is held by Republicans, and the Republican chair of the House Judiciary Committee, Representative Bob Goodlatte, does not appear to be particularly interested in this issue—unlike his Republican predecessor, who happened to be a strong defender of the Voting Rights Act.

But some House Democrats are determined to try—and in fact, to make the Voting Right Act even tougher than it was before.

At a press briefing on Capitol Hill Tuesday afternoon, Representative James Clyburn—the third-ranking Democrat in the House—said that the Court’s decision was an opportunity to expand Section 4 beyond the mainly Southern application that existed until Tuesday.

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Clyburn noted that thirty-eight states enacted some form of voter identification before the last election. He also referenced Ohio and Pennsylvania in particular, where some Republican officials blatantly admitted the voter identification laws were meant to suppress the black vote or achieve partisan goals. (In Ohio, a close adviser to Governor John Kasich said, “We shouldn’t contort the voting process to accommodate the urban—read African-American—voter-turnout machine.” In Pennsylvania, the Republican leader of the state House said voter identification laws are “gonna allow Governor Romney to win the state of Pennsylvania.”)

“If you look at…the actions that thirty-eight states took in the run-up to the 2012 elections, there are records that have been developed,” Clyburn said. “Most of us are very familiar with the record that developed in Pennsylvania. And I’m pretty familiar with the activities taken by the secretary of state in Ohio. Let’s look at their language, and the record we will develop this time—we’ll bring their words into this record. We didn’t have their words in 2006 [during the last reauthorization]. We’ve got them now.”

Clyburn continued: “The intent to turn the clock back is very, very clear. I think that there are counties in Pennsylvania and in Ohio that would probably come under in the new formula that we develop.”

There are caveats to this approach: for one, the majority opinion in Shelby suggested that new formulas still might not pass constitutional muster unless they prove Jim Crow–era levels of discrimination, which the justices don’t think applies to voter identification bills. “No one can fairly say that” current data “shows anything approaching the ‘pervasive,’ ‘flagrant,’ ‘widespread,’ and ‘rampant’ discrimination that faced Congress in 1965,” it read.

But most Democrats in Congress disagree—and remember this was a 5-4 vote, and the Supreme Court could look different by the time any new Congressional Section 4 formulas reach it.

The larger problem of course is Schumer’s point: Republicans in Congress won’t allow Clyburn’s approach to become law. But on a day where President Obama opened the door to denying the Keystone XL pipeline, it is important to remember that public pressure shouldn’t be underrated—especially, in this case, when targeted at a Republican Party that is already admittedly worried about its appearance as racially intolerant.

[UPDATE: Late Tuesday, House Majority Leader Eric Cantor released a rather stunning statement to Talking Points Memo endorsing Congressional action: “My experience with John Lewis in Selma earlier this year was a profound experience that demonstrated the fortitude it took to advance civil rights and ensure equal protection for all,” Cantor said. “I’m hopeful Congress will put politics aside, as we did on that trip, and find a responsible path forward that ensures that the sacred obligation of voting in this country remains protected.”]

This was the tone struck by several members of the Congressional Black Caucus on Tuesday, some of whom marched for civil rights fifty years ago and aren’t afraid of doing it again.

“The American people should use the fiftieth anniversary of the March on Washington, and other opportunities, to say we still need protection in our country,” said Representative John Lewis at a briefing Tuesday. “They must compel each and every member of Congress to act in a bipartisan fashion to fix, or repair, what the Supreme Court broke. We must do it. We must do it now, before another national election takes place. It is our calling. It is our mission. It is our mandate, and we have an obligation to act.”

Representative Marcia Fudge, chair of the CBC—and who also said she wants Section 4 formulas expanded—agreed. “If they want us to march again, then we are up to the task,” she said.

Take Action: Tell Congress to Guarantee the Right to Vote

Ari Berman explains what was lost when the Supreme Court gutted the Voting Rights Act.

Pelosi Blasts Proposed Food Stamp Cuts, Says Farm Bill Is Endangered


Nancy Pelosi. (AP Images)

UPDATE: The House of Representatives, by a 195-234 vote, failed to pass the farm bill on Thursday afternoon. It failed along lines very similar to what Nancy Pelosi predicted below; she estimated only somewhere between 26 and 39 Democrats would support the bill, and 24 did. Sixty Republicans voted no, and the bill fell 23 votes shy of passage. 

Notably, Pelosi also said that if the GOP made the SNAP cuts even worse, "all bets are off." Shortly before the final vote, House Republicans passed "one of the most extreme SNAP amendments to be offered in the program's history," that would basically pay states to cut off SNAP benefits. 

**

Late Wednesday afternoon, the House of Representatives killed an amendment by Representative James McGovern that would have eliminated planned food stamp cuts in the GOP’s five-year farm bill, and replaced the cuts with reductions to big agriculture subsidies.

As it stands now, the bill has $20.5 billion in food stamp cuts over the next ten years—a number that could grow as restive conservative members are pushing for even deeper cuts, and in one case, removal of food stamps from the bill entirely.

House Minority Leader Nancy Pelosi took to the House floor shortly before the vote on McGovern’s amendment and urged Democrats to vote for it, which all but eight of them did. In an interview with The Nation in her Capitol office shortly after the vote, an exasperated Pelosi said the food stamp cuts could now endanger the entire farm bill.

“I don’t know if this is even going to pass,” she said. “I don’t know what the Republicans have in votes, but they better have a lot.”

Here’s the problem: as it stands now, many Democrats, like McGovern, have said they simply won’t vote for a farm bill with $20.5 billion in cuts, calling them a “poison pill.”

There are some Democrats who will: thirteen Democrats on the agriculture committee, many from rural areas that badly want a farm bill to be passed, voted for the version of the farm bill with those cuts.

But Pelosi predicted that only “somewhere between two and three times” that many Democrats would vote for the final farm bill with that level of food stamp cuts, meaning that House Speaker John Boehner would have to get a majority of his caucus to vote yes on the farm bill for it to pass.

And many conservatives are deeply unhappy with the legislation, in large part because they feel it doesn’t cut enough from food stamps. Boehner may not be able to get a majority of them to vote yes. And if, in order to win their votes, Boehner allows even deeper food stamp cuts, then Pelosi said it’s possible no Democrats would vote yes.

“If they change it on the floor, then all bets are off. It’s not even—I don’t think they can get Collin [Peterson, the ranking member on the agriculture committee who supports the food stamp cuts], depending on where they go with it,” she said. “If they have any adult supervision over there, somebody will say, ’If we go this far, increase these cuts, we better have all the votes that are necessary.‘ ”

Pelosi seemed incredulous at times about the debate happening in the House this week. She called the twenty-week abortion ban that passed Tuesday “beneath the dignity of even bringing something to the floor of the House of Representatives.”

“So that’s what we did yesterday,” she said. “Today we’re taking food from the mouths of babes. What else is there to say?”

The cuts as they stand now would kick 2 million Americans off food stamps, including several hundred thousand children who would no longer receive lunch and breakfast programs at school, according to the CBO.

At several points in the interview, Pelosi widened her complaints about the food stamp cuts to direct broadsides on the conservative, anti-government House Republican caucus.

“They’ve said to me directly: instead of ending subsidies on big oil, you can save the same amount of money by cutting Pell Grants by that amount. And, on top of that, they vote against the raising of the minimum wage,” she said. “I mean, people just don’t have a shot with this crowd. It is stunning who they are.”

I asked Pelosi if heavily gerrymandered districts that give Republicans an incentive to only worry about primaries from the right were to blame for the hard-right—and ultimately very unpopular—policies emerging from the House of Representatives.

She dismissed that theory, at least in part. “I don’t know that it is necessarily tied to that. That may be one element of it,” she said. “But I do believe, and I’ve said this of the Republicans, you have to give them credit—they don’t believe in government, and they act upon their beliefs.”

Pelosi continued: “They don’t believe in anything—clean air, clean water, food safety, public safety, public education, public transportation, public health, Medicare Medicaid, Social Security—they don’t believe in it.”

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The makeup of their district, in other words, isn’t a big factor in Pelosi’s eyes. “Now are you saying there’s a handful who would rather be voting with shared values? In a bipartisan way?” she asked. “I don’t know what that number is. Smaller and smaller.

“I can’t speak with any authority on whom is motivated by what there, in the micro, in the individual,” she said. “But in the macro, I think they are comfortable where they vote. I think they are doing what they believe. And what they believe is not a healthy thing for children or other living things.”

Hard Right Rallies Against 'Amnesty' Outside Capitol


Representative Michele Bachmann at a rally outside the US Capitol on June 19, 2013. Photo by George Zornick.

Halfway through a passionate speech Wednesday that railed against comprehensive immigration reform, Representative Michele Bachmann asked if every person under the age of 18, amidst the crowd of hundreds, could join her on the small stage outside the US Capitol.

A surprising number of kids rushed up to the makeshift platform, filling it to a somewhat alarming capacity. Bachmann had to ask some to stand on the grass nearby instead. “We don’t want to collapse. Like our economy,” she cracked.

Then Bachmann hoisted up a lily-white infant. “Say hello to Terra. And say hello to America’s future,” she shouted, as the crowd went nuts. But, Bachmann quickly intoned, “little baby Terra is looking at a very different future.”

This rally, organized by Tea Party groups across the country and promoted by Glenn Beck on his Internet television empire for much of the past week, is basically the GOP’s worst nightmare. As party leaders and the consultant class try to convince the Republican base, 60 percent of which opposes a pathway to citizenship, to support an immigration bill, and as people like Senator John Cornyn frame their opposition as pro-reform but concerned about border security—well, you don’t want Michele Bachmann on the Capitol lawn, holding up white babies and talking about America’s future.

Representatives Bachmann, Steve King and Louie Gohmert organized the rally as a “Lincoln-Douglas” style debate to show Congress—and specifically House Speaker John Boehner—that significant opposition to the idea of immigration reform exists inside and outside Congress.

Such voices have been largely marginalized in the reform debate so far, but the conservative base in the House, as we noted last week, is launching a push to force Boehner only to introduce bills that can pass with a majority of the Republican caucus. That is: only to introduce bills that do not offer a clear pathway to citizenship for millions of undocumented immigrants.

There was, to be sure, a strong nativist tone to the rally. American and Gadsden flags abounded, as did the ever-present activists dressed up as Revolutionary War–era patriots. There were also signs: “Immigration Reform = Legalized Invasion.” Another large flag had a Jesus fish stylized with the stars and stripes; “Proud American Christian,” it read. “Shut the door,” read another. “No Amnesty for Illegals,” read several.

Bachmann and the other speakers knew their audience. “It looks like a beautiful family reunion to me. It looks like the American family is here, at your house,” Bachmann began her speech. “Sometimes I wonder if it isn’t real people that the politicians fear more than anything else. We’re seeing a lot of real people here today, and I’m so extremely grateful that you’re here.”

“Very quickly we are observing a nation that we no longer recognize,” Bachmann said. But she also apparently understood that her wider audience wasn’t limited to the people in attendance—and realized how this all might look. “And by that I mean, it has nothing to do with the color of anyone’s skin,” she continued. “It has nothing to do with anyone’s ethnicity. It has to do with our American creed: because bottom line, we are believers, and proud believers, in the Declaration of Independence.”

The heart of Bachmann’s speech, and many of the speeches Wednesday morning, was that a new wave of immigrants would further bankrupt an already broken state. “If you walk into that building, the United States Treasury, and you can get past the guards that are there, and you get over to the vault, and you say, by some miracle, ‘Would you open that vault?’—I’m just here to say, if they opened it, it would be moths and feathers that would fly out.” Her explanation of why baby Terra won’t have a future is that she would have to pay “up to 75 percent of her future income” to support an expanding welfare state.

Well, what about the CBO report, released yesterday, that said immigration reform will reduce deficits? The rally had an answer in the form of Robert Rector, a Heritage Foundation expert, who assured the crowd with plenty of facts and figures that the CBO had it all wrong. In short: “The CBO is bullshit!” as one man shouted out during the lecture.

This is where, perhaps, the real danger to immigration reform lies, as members of Congress who are undecided contemplate their votes: the economic insecurity and distrust of government that have undergirded not only the Tea Party, but are also shared by plenty of other Americans these days.

That view was best expressed by a member of the Pittsburgh Tea Party who took the microphone at one point, as organizers encouraged attendees to do. “Why is it that instead of having NSA tap the phones of the American citizenry, they don’t go find out who these illegals are and who they’re calling back in their home countries, and to whom they are sending money—American money—back to their banks?” the man said. “These are the things that we want to know.”

Plenty of other signs spoke to this concern. “Exporting Illegals—Importing Jobs for Americans!” said one; “Amnesty = Cheap Votes + Cheap Labor.”

These folks share a common concern with senators like Bernie Sanders of Vermont, an avowed liberal who spoke on the Senate floor Tuesday about the dangers of importing low-wage labor from Mexico when many Americans are out of work.

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For many people who attended the rally, these economic concerns were wedded with concerns for an explicitly white, Christian country—and combined with the fear of losing majority and political power.

“It will cause capitalism to crash,” one retired teacher from Moore County, North Carolina told me matter-of-factly about immigration reform. “Capitalism crashes, we’re into socialism.”

“These people [immigrants] don’t realize they’re being given all this stuff just to collect their votes so that people in power can gain more power—and they’re so ignorant,” she continued. “You know they spoke of their educational level, it averages the highest is about tenth grade. They’re being used as pawns. The people that are here are educated, they know what’s going on, they are aware. They also, most of them are Christian, okay, they have conscience. They know right from wrong—and it’s against their conscience just to see these people used as pawns,” she said as she sliced an apple in her folding chair. “They’re going to end up losing their freedoms. They’re just being led like sheep to the slaughter.”

Why do Aiyana Jones and Trayvon Martin matter? Read Mychal Denzel Smith’s argument here.

Immigration Reform Is a Great Reason to Scrap the Debt Ceiling Deal


President Barack Obama gestures while speaking about immigration reform, Tuesday, June 11, 2013, in the East Room of the White House. (AP Photo/Evan Vucci)

The Congressional Budget Office released a report late Tuesday afternoon detailing the economic and budgetary impact of the comprehensive immigration reform bill as it currently stands in the Senate.

The top line of the report is that the immigration reform legislation will increase spending by $262 billion over ten years, but also increase revenue by $459 billion, for deficit reduction of $197 billion. It does so by the taxes, fines and economic growth produced by adding 10.4 million permanent US residents and 1.6 million new temporary visa holders.

There’s a lot to unpack here, but I just want to flag one thing—what the CBO says about immigration reform and the Budget Control Act of 2011, colloquially known as the debt ceiling deal.

As you may recall, in the summer of 2011 President Obama—fully enthralled with deficit reduction, and fearful of a debt ceiling default caused by congressional Republicans—agreed to a deal that set hard budget caps over the next ten years. Then, sequester cuts were set in motion over the same period because the super-committee couldn’t agree on a deficit plan. This made the budgetary straightjacket even tighter.

But, as the CBO notes, this was done in the context of a notably smaller official population than what we’d see if immigration reform passes. The projections used to set these caps (specifically, the funding levels in CBO’s 2010 baseline) didn’t take over ten million new Americans, that can join a variety of federal programs, into account: the total amount of discretionary funding is currently capped (through 2021) by the Budget Control Act of 2011; extra funding for the purposes of this legislation might lead to lower funding for other purposes.

So, the $262 billion in extra spending will have to be jammed in under the spending caps: to use the popular DC metaphor of a family’s budget, this is like setting strict spending limits for your household, and then sticking to them even though you have another kid.

The CBO report muses that this will crowd out other funding, but of course there’s another solution—just raise the caps, or scrap them entirely.

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This has been almost unspeakable in the Beltway debate since the debt ceiling deal, despite the very real pressures the budget caps are already putting on the budget. But immigration reform provides two good justifications—not only the sensible need to adjust the caps due to unforeseen spending (that both parties seem to agree is necessary) but also all the extra revenue and deficit reduction it provides on the backend.

At the very least, this is an elegant solution to offsetting the sequester cuts, which both parties want to do. But even then, the budget caps are a very real problem that will need to be fixed.

Journalist Michael Hastings, 33, died in a car crash yesterday. Read Greg Mitchell's obituary here.

House GOP Revolt Against Immigration Reform Begins

The headline-grabbing debate over immigration reform is happening in the Senate this week, as the entire body debates a series of amendments to the comprehensive legislation passed by the Senate Judiciary Committee last month. There is a very real chance that reform could die there—if, for example, Senator John Cornyn’s border security amendment passes, the bill might become unsupportable for many Democrats.

But lurking in the background is an even more difficult fight in the House, where the Republican caucus is much more hostile to reform. House members are beholden to smaller, more conservative districts, and there are no leaders calling for reform analogous to Republicans Marco Rubio and John McCain in the Senate.

This week began with some promising signs from the office of House Speaker John Boehner. For months, he said virtually nothing about his strategy for passing immigration reform—not even whether one existed—but Politico reported Monday that “privately, the Ohio Republican is beginning to sketch out a road map to try to pass some version of an overhaul in his chamber.” The next morning, during an ABC News interview, Boehner hinted that he might allow an immigration bill to pass the House with a majority of Democratic votes, thereby abandoning the so-called “Hastert rule.”

Without question, that was tremendous news for proponents of immigration reform. But don’t think conservatives opposed to any legislation didn’t notice—and the first unified effort by anti-immigration House members might have now begun.

Thursday morning, Glenn Beck’s website The Blaze had the exclusive news that seventy members of the House GOP “are planning a politically risky showdown” with Boehner. Led by Representatives Steve King, Michele Bachmann and Louie Gohmert, the group is demanding two things from Boehner: (1) a special Republican conference meeting about immigration, and (2) a promise to be true to the Hastert Rule.

The caucus meeting could be perilous for Boehner—his strategy of keeping the House at a very low temperature and mollifying, at least for now, the hardline anti-immigration members couldn’t survive a head-to-head confrontation. Boehner would have to address their Hastert rule request directly. (Note, too, that conservative activists also began pressuring Boehner on the Hastert rule this week—the heads of the Club for Growth, Heritage Action, the American Conservative Union and the Family Research Council sent Boehner a letter on Tuesday demanding he never stray from the Hastert rule again.)

Boehner could of course ignore their request for a meeting, but that’s a somewhat unattractive option as well. [UPDATE: Boehner announced late Thursday that on July 10, there will be a caucus-wide meeting on immigration. It’s not immediately clear if he was acting in response to the conservative push, nor whether they will insist on meeting sooner.] The Blaze report said the letter will arrive in Boehner’s office on Friday.

What’s striking—and potentially catastrophic for the GOP, politically—is how direct the leaders of the looming House revolt are about opposing immigration reform. This is in contrast to say John Cornyn, who is at least claiming to support reform but pushing for stronger border security requirements.

Representative King, for example, not long after the Blaze story broke, characterized undocumented students who came to his Capitol Hill office thusly:

Bachmann just gave an interview to World Net Daily this week that depicted "amnesty" as a master plan to create a permanent “progressive class.” The Blaze included that interview in its exclusive on the new Bachmann-King-Gohmert strategy:

“This is President Obama’s number one political agenda item because he knows we will never again have a Republican president, ever, if amnesty goes into effect. We will perpetually have a progressive, liberal president, probably a Democrat, and we will probably see the House of Representatives go into Democrat hands and the Senate will stay in Democrat hands,” Bachmann said.

She also said that if it passes, the bill would create a permanent progressive class.

“That’s what’s at risk right now. It may sound melodramatic, I don’t mean it that way, but this is that big and that important,” Bachmann said.

And Beck was quick to do his part. Within an hour of The Blaze’s story, Beck appeared on his web television show to herald the House GOP revolt and described it as a potential Waterloo for the entire Tea Party:

These seventy [members] are standing up and saying, ‘Take away all of our power.’ They know that if they lose, they lose. The Tea Party has—this is putting all of the chips on the table. You’ve been asking for it, you’ve been asking for people with a spine.

This one is not going to be easy. They’re going to be called racist, they’re going to be called every name under the sun, and so will you. You have to know why you are for it, why you say… I am not a racist. I am not violent. But I am not going to be silent any more. We have been silent far too long.

You may have noticed Beck’s slight intimation of violence there. As his fifteen-minute rant on the House GOP pushback escalated, he called for both civil disobedience and, apparently, violent struggle:

Is there anything worth losing your life over, more important than this? Is there anything more important than standing up for human dignity? For the rights of all mankind? They are going to try to make this into a civil rights case, and it is not. It is an affront to anyone who understands civil rights. Martin Luther King Jr. was not saying, ‘We’re all breaking the law here.’ Unless the law is unjust, you cannot eat at that supermarket counter. The hell I can’t.

No, I’m not quite sure what that means either. But the point is that Beck wants his audience to see the immigration battle as a must-win, where the entire Tea Party movement is at stake. Seventy House GOP members, including several Tea Party stars, are ready to being the battle. While this was, at some point, inevitable, it's bad news for Boehner, and much more importantly, bad news for immigration reform.

The Most Important Hearing in Washington This Week


United States Capitol. (Wikimedia Commons)

Though it won’t garner many headlines nor blocks of cable news coverage, a Wednesday morning hearing on Capitol Hill has massive import for potentially millions of Americans waiting for the government to enforce some basic health and safety regulations.

The Homeland Security and Governmental Affairs Committee will consider the nomination of Howard Shelanski to head the White House’s Office of Information and Regulatory Affairs (OIRA), a little-known outfit that consumer and good government groups have been complaining about for years—with good reason.

OIRA’s job is to evaluate cost-benefit analyses of regulations performed by executive branch agencies. Its blessing is needed to publish the regulations in the federal register and begin enforcement—but for reasons that are often unexplained, OIRA is sitting on numerous rules and indefinitely delaying their implementation.

The process for actually getting new regulations into law is already pretty burdensome. Once an agency elects to write a large-scale new rule—in some cases, after Congress has passed legislation requiring them to, which means it has already gone through the legislative meat-grinder—this is what happens with OIRA, via the Center for Effective Government:

This week the Coalition for Sensible Safeguards—an alliance of over 150 consumer, small business, labor, and scientific groups—released a report detailing the myriad ways in which OIRA is serving as a chokepoint in the regulatory process.

More than 120 rules that have already been written by a regulatory agency are stuck at OIRA. By executive order, OIRA is supposed to review the regulation for no more than 90 days—but seventy of 120 orders stalled there have been under review much longer, essentially in defiance of federal law. In many cases, though OIRA is supposed to explain delays, it just doesn’t.

The CSS report fingers industry influence as a major factor in the delays. It outlines the case of a rule on silica dust, which is particularly galling. Silica is a mineral found in sand, rock, brick and concrete, which if inhaled in dust, can be seriously damaging to human lungs. Naturally, construction and building industry workers typically inhale this dust, and as many as 4,400 people are diagnosed with silicosis each year, according to the Centers for Disease Control. It kills 146 people every year, and it is often a very painful death.

The Occupational Safety and Health Administration proposed lowering the amount of silica workers are allowed to be exposed to—the rules first created in 1972 were deemed far too lax. The silica rulemaking at OSHA was initiated in 1998, and took over a decade to complete—but finally, in February 2011, they sent a proposed rule to reduce worker exposure to silica dust.

That rule, therefore, went to OIRA almost two and half years ago, and should have left the office in the spring of 2011. Why the delay? It seems that industry influence is the big culprit here.

The CSS report notes:

Since the rule was sent to the White House Office of Information and Regulatory Affairs (OIRA) for review in February 2011, the office has hosted 11 meetings with outside groups to discuss the rule. Nine of those meetings were with industry groups that oppose the rule.

The report also describe a troubling revolving door between industries affected by regulation and OIRA, which no doubt gums up the works even further. The silica rule is just one example—the report details important regulations on food safety, minimum wage and overtime rules for homecare workers, energy efficiency, and controls on Wall Street traders that are all stuck at OIRA.

This is a clear failure that Obama is responsible for—OIRA is located at the White House. Some Democratic Senators, like Sheldon Whitehouse and Tom Harkin, have written the administration in protest of OIRA’s foot-dragging, as Brad Plumer notes.

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During Shelanski’s confirmation hearing, Senators have a responsibility to press him on undue delays in approving rules and attempt to extract promises that things will get better. You can watch here and the CSS report is here. We will certainly follow up on how the hearing goes.

Republicans have repeatedly called for the repeal of Obamacare. Lee Fang reveals how those same GOP lawmakers have solicited grants from the program they claim to despise.

The Sword Drops on Food Stamps


A sign announcing the acceptance of electronic Benefit Transfer cards at a farmers market in Roseville, California. (AP Photo/Rich Pedroncelli)

It’s official: Congress will slash food stamp funding in the midst of a deep economic recession, when more people rely on food stamps than ever before.

Monday night, the Senate passed a five-year farm bill that contained $4.1 billion in cuts to the Supplemental Nutrition Assistance Program (SNAP) over ten years. This ensures that the only debate now will be about how much to cut—and it’s likely to result in cuts much deeper than $4.1 billion.

The House Agriculture Committee passed a farm bill last month that cut $20.5 billion from SNAP by removing “categorical eligibility” (more on that here), which would take food stamps away from 2 million Americans and hundreds of thousands of children.

That bill has yet to be fully debated and passed on the House floor, and the push to make the cuts even deeper will be strong—conservatives have insisted on even deeper cuts. Representative Paul Ryan’s 2013 budget, for example, called for $135 billion in food stamp cuts, and on Tuesday, twenty-five House Republicans wrote to House Speaker John Boehner to remove food stamp funding from the bill altogether. (They just want the program debated on a separate track, but the barely implicit message in the letter is that they don’t want to be forced to agree to “only” $20.5 billion in food stamp cuts at the risk of killing the farm bill.)

The House bill, once passed, will head to conference committee, and the negotiators will have to reach a consensus number. Without question, it won’t be lower than $4.1 billion.

Why did Democrats in the Senate head down this road? Some attempted not to—Senator Kirsten Gillibrand introduced a bill last month that blocked any food stamp cuts, but only twenty-five of her colleagues, and zero Republicans, voted for it. It failed 70-26.

Senator Debbie Stabenow, chair of the Senate Agriculture committee, has defended the cuts as designed only to stop “waste, fraud and abuse” in the SNAP program, and urged Democrats to vote against Gillibrand’s bill. “Every family that currently qualifies for nutrition assistance in this country continues to get that assistance,” she said. “We do make sure there is integrity in the programs.”

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That’s not really what the bill does, however. It cuts $4.1 billion by eliminating the “Heat and Eat” programs adopted by several states that coordinate low-income heating assistance with SNAP benefits, thus allowing a slightly larger benefit. The Coalition on Human Needs explains:

Fifteen states and the District of Columbia have opted to provide SNAP households with a nominal [Low Income Heating Assistance Program] payment, so that instead of having to provide burdensome monthly documentation of their shelter and heating/utility bills, they can deduct a standard allowance from their income, thereby increasing the amount of SNAP benefits they qualify for. This “Heat and Eat” approach disproportionately helps seniors and those with disabilities, who pay a high proportion of their income on shelter costs. Without this coordinated approach, such households may lose $50—$75 a month in SNAP benefits.

Aside from being, well, cruel, the food stamp cuts in the Senate bill are also damaging to the economy. The Center for American Progress, in a study released in March, found that for every $1 billion cut from SNAP, 13,718 jobs are lost:

So the Senate bill, by that calculation, will cost 56,243 jobs. CAP noted the losses “will likely have the greatest impact on younger workers, since they account for a disproportionate share of workers in food-related industries.”

The only hope now to at least moderate the cuts is a band of House Democrats who have pledged to fight the food stamp cuts ferociously, as we reported last month.

AT&T’s deregulation campaign will hurt low-income Americans, people of color and rural communities. Read Leticia Miranda’s report here.

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