Terrorism in Russia

Nearly 36 hours after the attacks in Moscow’s subway system, reports indicate that nearly 40 are dead and more than 70 have been injured. As of this writing, no group has claimed responsibility, though heavy suspicion has fallen on Muslim separatist groups based in southern Russia’s Caucasus region, the primary source of terrorism in Russia since the breakup of the Soviet Union in the early 1990s. More on that in a second.

There were two bombings, conducted quasi-simultaneously (about 40 minutes apart) at two busy metro stations in Moscow’s city center. The Lubyanka station is located near the headquarters of Russia’s Federal Security Service (the legacy organization of the KGB), which points to a message the attackers may have been hoping to convey; the second scene at the Park Kultury Station is located a few stops to the south along the same metro line. If you’d like to see some interesting citizen-journalism of the attacks’ aftermath, click over to the NYT’s The Lede blog.

Much has been made of the attackers’ identity — two women dressed in black robes with explosives and shrapnel packed underneath their garments. Female suicide bombers have been used by Chechen separatists dating back to 2002 and are commonly — and disturbingly — referred to as “black widows.” Furthermore, female suicide bombers are hardly a new phenomenon. If memory serves, they’ve been used as long ago as the early 1990s by the Tamil Tigers in Sri Lanka. Terrorist groups — even those with no formal ties to one another — observe each others’ tactical successes and adopt the effective ones. The use of unsuspecting women has made the rounds in terrorist circles, even if Western audiences still find the tactic shocking.

It’s important to appreciate the dynamic nature and motivations of the Caucasus’ separatist groups over the last decade and the Russian government’s response to them. Boris Yeltsin first installed the then-little-known ex-KGB chief Vladimir Putin as prime minister in 1999, and Putin vowed to crush the Chechen separatist movement. In the early-to-mid 2000s, the group was a relatively structured militia that was responsible for mostly large-scale terrorist attacks. The group most famously conducted the 2004 siege at the Beslan school that killed over 300 people, many of whom were school children; it was also responsible for the 2002 siege at a Moscow theater.

In large part, Putin was responsible for successfully dismantling the organizational hierarchy behind those acts, killing leaders like Shamil Basayev and Abdul Khalim Sudalayev in 2006. He used victories like those to consolidate power behind the Kremlin, saying political power-grabs like eliminating the direct election of regional governors were necessary to defeat terrorism. Can you imagine if Bush had eliminated the election of state governors after 9/11? Just a bit of a stretch, right?

But as often happens with insurgent organizations, cutting off their head rarely kills them. Moscow’s success only caused the resistance to morph over the last four or five years from a top-down military-style structure to more of a flat, non-hierarchical, Islamic-based motley crew. Here’s an excellent run-down on the insurgency’s changing nature and motivation from WaPo’s Philip Pan late last year:

Russia has long blamed violence in the region on Muslim extremists backed by foreign governments and terrorist networks, but radical Islam is relatively new here. In the 1990s, it was ethnic nationalism, not religious fervor, that motivated Chechen separatists. That changed, though, as fighting spilled beyond Chechnya and Russian forces used harsher tactics targeting devout Muslims.

In 2007, the rebel leader Doku Umarov abandoned the goal of Chechen independence and declared jihad instead, vowing to establish a fundamentalist Caucasus Emirate that would span the entire region. After Moscow proclaimed victory in Chechnya in April, he issued a video labeling civilians legitimate targets and reviving Riyad-us Saliheen, the self-described martyrs’ brigade that launched terrorist attacks across Russia from 2002 to 2006.

It would appear on the surface that the Kremlin has failed to appreciate this change. In my mind, the new shape and motivations of the Chechen insurgency would call for more of a counter-insurgency style strategy that has been adopted by the U.S. in Iraq and Afghanistan. Instead, Putin has vowed a continued heavy hand, saying, “The terrorists will be destroyed!” This is of course what any national leader must say to placate a fearful and confused domestic audience, but may begin to ring a bit hollow in light of Putin’s similar rhetoric of 1999:

“Putin said [before these attacks], ‘One thing that I definitely accomplished was this [stopping the Chechen threat],’ and he didn’t,” said Pavel K. Baev, a Russian who is a professor at the International Peace Research Institute in Oslo.

“My feeling is this is not an isolated attack, that we will see more,” Mr. Baev said. “If we are facing a situation where there is a chain of attacks, that would undercut every attempt to soften, liberalize, open up, and increase the demand for tougher measures.”

In my next post, I’ll take a look at how the U.S. has responded to the attacks.

Photo credit: https://www.flickr.com/photos/worldeconomicforum/ / CC BY-SA 2.0

Primary Challenges, Ideology and Electability

Something interesting is going on in Arkansas Democratic politics right now: a serious primary challenge to an incumbent senator, Blanche Lincoln, who is not mired in any sort of personal scandal, and is not, it would seem, mispositioned ideologically for a general election in her conservative state.

As Steve Kornacki notes at Salon today, Lt. Gov. Bill Halter’s primary challenge to Lincoln is hard to categorize as simply an ideological challenge to a wayward politician who has offended the party base, or as simply an “electability” challenge to a weakened incumbent who looks likely to lose in November:

Generally, it’s easy to categorize these primary challenges. There are two basic varieties: ideological, with an exercised party base seeking retribution for an incumbent’s dissent from the party-line; and pragmatic, with party members responding to the perceived electoral deficiencies of the incumbent. And then there’s the Democratic Senate primary now underway in Arkansas, which seems to be a perfect hybrid of these two types. With the latest poll showing Blanche Lincoln’s challenger, Bill Halter, within 13 points of her, that primary – now just seven weeks away – has become the hottest Democratic contest in the nation.

Lincoln, who’s in the final year of her second term, has managed to pull off a somewhat remarkable feat, infuriating both the left-of-center base of her party and her state’s right-leaning general election audience at the same time. Thus, the challenge she’s receiving from Halter doesn’t neatly fit into either of the above categories.

Kornacki goes on to examine prior examples of ideological primary challenges, and finds little evidence of any that were also based on evidence of superior electibility (absent some non-ideological factor like a personal scandal affecting the incumbent’s political standing).

Now it should be obvious that Kornacki’s premise would not be accepted by a fair assortment of people in both parties. Among both self-identified progressives in the Democratic Party, and most especially self-identified conservatives in the Republican Party, many have argued for decades that “centrists” aren’t really more electable, and that rigorously ideological candidates could actually, if given the chance, exert a superior general-election appeal (via better “frames,” or clearer messages, or by mobilizing non-voters, or simply by providing a “choice”), even in difficult partisan terrain like the one Democrats face in Arkansas. There’s definitely evidence that this proposition is true at times and in places where there are significant numbers of voters who are “mispositioned” by adherence to parties with ideologies alien to their own (e.g., southern conservative Democrats in the 1980s and 1990s, and northern moderate-to-liberal Republicans more recently). A subset of the “electability” argument for ideological rigor is that Democratic progressives or conservative Republicans can and will offer messages that have particular appeal to swing voters in a given constituency. That’s also sometimes true, as with antiwar Democrats in times of unpopular wars, or with anti-tax Republicans in places where some state or local tax revolt is underway.

But the Halter challenge to Lincoln is emphatically not in a state where there are liberals outside the Democratic Party ripe for the picking, and there’s not much evidence that Arkansans are generally receptive to any particular progressive arguments, notwithstanding the ancient claim that southerners are especially receptive to anti-corporate “populism” (a complicated topic which I won’t get into here, other than to say that I personally think the claim is vastly overstated since southern conservatives are conservatives on nearly every imaginable topic, including economics).

Lincoln is, however, an incumbent senator at a time when incumbency is not an advantage, and that alone could make Halter as competitive as, if not more competitive than, Lincoln in a general election. And it’s not as though Halter is running as the re-incarnation of Huey Long. His anti-corporate rhetoric, in fact, is pretty much indistinguishable from what we hear from Tea Party folk, opposing bailouts rather than promoting regulation.

It appears Lincoln’s strategy (other than touting endorsements from relatively popular Democrats like Bill Clinton) is to use Halter’s challenge as evidence that she’s not the raging socialist that Republicans make her out to be. If it works, this playing-off-the-left message would presumably boost her general election standing, thus making it easier for her to appeal to Democrats on electability grounds. But she doesn’t have much time to pull this off, and if she doesn’t, she hasn’t instilled enough loyalty in Arkansas Democrats to give her much confidence in a primary win absent an electability argument.

Arkansas will thus be an interesting test of the limits of tolerance for Democratic heterodoxy in tough terrain. And if Halter wins the primary, his performance in the general election will be watched closely for its broader implications as well. The last widely-discussed Democratic primary challenge to an incumbent senator, the Ned Lamont candidacy in Connecticut in 2006, involved a totally different situation: a blue state, a more famous incumbent, a red-hot issue where Joe Lieberman was horribly mispositioned with local opinion, and most of all, a third-party Lieberman general election candidacy that Republicans largely supported. The results of a Halter nomination in Arkansas would be sui generis.

This item is cross-posted at The Democratic Strategist.

Plan B for Climate Policy?: A PPI Series

PPI has long been a proponent of an economy-wide cap-and-trade system to confront the problem of climate change. But as the fortunes of cap-and-trade legislation in the Senate fade, we need to begin looking at other options before Congress. This post, on the Cantwell-Collins “cap-and-dividend” bill, is the first in a series of analyses of various alternatives to cap-and-trade.

You may not have noticed lately, but there are other major legislative initiatives, including climate and energy, on the Senate’s docket. One climate action bill that has received a lot of attention is the bill sponsored by Sens. Maria Cantwell (D-WA) and Susan Collins (R-ME). When the bill, officially called the Carbon Limits and Energy for America’s Renewal (CLEAR) Act, was first introduced in December, it caught the eye of some in the enviroblog world, but didn’t make much of an immediate splash in the Senate. Between the long build-up of the Kerry-Lieberman-Graham multi-partisan grab bag and the poorly understood Copenhagen outcome, however, it filled a vacuum with a poorly appreciated concept at the time: offsetting costs of climate legislation to consumers by cutting them a check.

The Basics

Also known as “cap-and-dividend,” the Cantwell-Collins bill is pretty simple: starting in 2012, it would mandate monthly auctions of pollution permits, called carbon shares, to the first seller (producer or importer) of fossil fuel carbon into the economy. The bill sets a floor price (shares can’t be sold for less) of $7 and a ceiling price (shares can’t be sold more) of $21 in the first auction in 2012, with the cap lowering — leading to rising prices — over time.

Most of the revenue from these auctions is distributed back to citizens in the form of a monthly check, while the rest is placed in a Clean Energy Refund Trust (CERT) fund established by the bill for use on a variety of different purposes: energy R&D, climate change adaptation, non-CO2 greenhouse gas reductions, international forestry and agriculture offsets, carbon capture and storage projects. First sellers cannot trade carbon shares and carbon derivatives are prohibited. In addition, the legislation has economy-wide emissions reduction goals of 20 percent below 2005 levels in 2020, 42 percent in 2030, and 83 percent in 2050.

The Good

Advocates of Cantwell-Collins praise it for being simple and transparent. As has been noted by others, it is a mere 40 pages, certainly an easier read than Waxman-Markey, the behemoth, 1,400-page cap-and-trade bill passed by the House last June. It regulates fossil fuel-related CO2 as far “upstream” in the economic supply chain as possible, meaning that whoever produces or imports a fossil fuel is on the hook for the CO2 content. Under Cantwell-Collins, coal mines and oil producers are responsible for paying for carbon, which means that only about 3,000 facilities need to be regulated. This upstream approach is administratively more streamlined, affecting far fewer parties than Waxman-Markey, which regulates electricity producers, natural gas distributors and manufacturers (over 75,000 regulated facilities).

The CLEAR Act also rejects the convoluted system of free and auctioned allocations in Waxman-Markey for a straight-up auction of all carbon shares. All regulated parties must participate in open monthly auctions, the revenue from which is split 75-25 percent: 75 percent is redistributed per capita to every American citizen and 25 percent is placed in the CERT. Whether you agree with the approach or not, offering to cut a monthly check for every U.S. citizen is not a bad way to gain some political support. Also, from the perspective of regulated firms, the use of price floors and ceilings, also known as a price collar, would reduce future price uncertainty and help them better predict investment needs.

Finally, the bill is co-sponsored by a Republican and a Democrat. That bipartisan provenance could certainly help its chances for passage.

The Bad

So with a bill that’s easy to read, easy to monitor and easy on the wallet, is there anyone who won’t like it? Well, anyone who favors hard targets for emissions reductions and anyone who believes in markets, for two. First, while the bill establishes economy-wide reduction goals as strong as Waxman-Markey, the auction system alone will not reach them. National emissions are capped at 2012 (note that it only caps CO2 emissions, unlike Waxman-Markey, which covered other greenhouse gases as well), and the cap doesn’t tighten until 2015, at which point it decreases by 0.25 percent that year, then by an additional 0.25 percent every corresponding year (so in 2016, the cap reduces by 0.5 percent, in 2017, 0.75 percent, etc).

This slow lowering of the cap will result in only five percent reductions below 2012 emissions by 2020, well short of the 20 percent reductions by 2020 goal. Even at that, the cap is not rock solid due to the price collar, which functions as a sort of safety valve. That is, if the auction price goes higher than the established ceiling price, then that essentially releases extra carbon shares for firms to bid on until the price falls back below the ceiling.

That means the remaining reductions to be met in 2020 will have to come from technology advances, land use offsets in forestry and agriculture, and reductions of non-CO2 gases, all of which are paid for by the CERT (which will be administered by the Department of Treasury). If we assume an initial carbon price of $15 in 2012 (a middle-range price, based on analyses done by the EPA and EIA), and the projected cap of roughly 7.2 billion carbon shares, then the CERT will get about $27 billion in the first year of the program.

That’s $27 billion to be split among all the uses listed above to help reduce emissions, as well as adaptation projects, energy efficiency efforts, and support for trade-sensitive industries and low-income families. The problem with a bill that’s only 40 pages is that it doesn’t have a lot of room for details — indeed, the CLEAR Act provides no guidance on how to prioritize uses of CERT funds. Although CERT funds will increase as the price of carbon shares rise, it will likely not even be close to enough to compensate for the majority of necessary carbon reductions.

A carbon market could mobilize private capital to help address some of these issues efficiently, instead of leaving all the choices and funding responsibility to the federal government. While it’s understandable that the public and politicians might still distrust markets in the wake of the recent financial collapse, the fact is that when it comes to finding inefficiencies and catalyzing innovation, nothing works better. But the “market” in Cantwell-Collins is simply an auction system. Unlike in Waxman-Markey, regulated firms can’t trade their permits, and carbon derivatives are strictly prohibited. These restrictions are going to severely limit the efficacy of the program to find the cheapest emissions reductions.

Also, there is a huge amount of risk in carbon markets (both in terms of accurate compliance and extreme events), so while they should be tightly regulated, derivatives are a necessary component because they allow firms to hedge against the risk of non-compliance or shifting standards. You will be hard-pressed to find any industry player who will advocate for a market without any trading, and there will need to be at least some industry support for any viable future climate legislation. Moreover, the monthly auction system may generate more carbon share price volatility than a continuous market, making it even more unattractive to firms.

The Upshot

Cantwell-Collins injects some great ideas into the climate policy debate that had not been prominently discussed before. If a policymaker wants to reduce the burden of increased energy costs on consumers, a direct rebate is an efficient and effective way to do it. The bill overall, however, is a somewhat naïve approach that does not fully appreciate the ability of markets to generate efficient emissions reductions and does not limit carbon emissions effectively. Its merits (simplified approach, upstream regulation, price collar) are outweighed by its limitations (extremely slow cap reduction, heavy reliance on CERT-funded reduction programs, draconian market restrictions). The CLEAR Act will continue to play a role in the climate debate of the Hill, but in its current form, it is unlikely to be the last bill standing.

Photo credit: https://www.flickr.com/photos/haglundc/ / CC BY-NC 2.0

A Major Teachable Moment

The more I think about it, the fight over a Supreme Court nomination that we are likely to see begin in a month or so could be a major teachable moment for progressives about the underlying belief system of contemporary conservatives and of Republicans who have let themselves get radicalized to an extraordinary degreee since the latter stages of the 2008 presidential contest.

As we speak, conservatives all over the country are demanding legal action by states to challenge the constitutionality of health reform legislation (in my home state of Georgia, there’s even talk of impeaching the Democratic Attorney General, Thurbert Baker, for refusing to waste taxpayer dollars by launching a suit). Yet the basis for such suits — typically a denial of the power of Congress to legislate economic matters under the Commerce and Spending Clauses of the U.S. Constitution — is a collateral attack on the constitutionality of a vast array of past legislation, including the New Deal and Great Society initiatives, not to mention most civil rights laws.

And that questionable proposition is completely aside from other conservative efforts, many of them backed by major Republican officeholders, to “interpose” (to use the term for this strategy when it was deployed by segregationists in the 1950s) state sovereignty to block the implementation of health reform and other federal laws. And beyond that we have the even more radical nullification and secession gestures that have become standard features of conservative Republican rhetoric over the last year or so.

In other words, a debate that revolves around constitutional interpretation is not necessarily one that will help the conservative movement at this particular moment. Indeed, it could actually help progressives raise suspicions that Republicans are contemplating a very radical agenda if they return to power, one that could include (particularly given the stridency of their fiscal rhetoric lately) a direct assault on very popular programs like Social Security and Medicare.

Moreover, we can anticipate that a Court nomination fight will renew noisy efforts by the Christian Right, which has good reason right now to remind the news media and Republican politicians alike of its continuing power in the GOP, to advance its own eccentric views on America as a “Christian Nation” whose founders never intended to promote church-state separation, not to mention their demands for an overthrow of legalized abortion and same-sex unions. At a time when many conservatives are trying very hard to submerge divisive cultural issues and create a monomaniacal message on limited government, a Court fight will unleash cultural furies beyond control.

And finally, if it really gets vicious, a Court fight could cast a harsh spotlight on the drift of the conservative movement towards a general attitude of defiance towards the rule of law. As I noted in a post yesterday, the downside of the libertarian energy given conservatives by the Tea Party movement is its tendency to treat every major government institution, the presidency, the Congress, and the judiciary alike, with contempt as threats to liberty and “natural rights.” As much as Americans love liberty, they also love order and stability. They aren’t likely to react well to the spectacle of conservatives screaming for a virtual revolution against a popularly elected government, the social safety net, and constitutional doctrines that have been in place for 75 years.

So: bring on the Court fight, and bring it on with all the rhetoric Tea Party folk and other radicalized conservatives have been using about Obama’s “socialism” and the Nazi-like tyranny of universal health coverage! Before it’s over, Republicans may wish they had just picked a different fight.

This item is cross-posted at The Democratic Strategist.

Pas d’ennemis a Droit, Pas d’amis a Gauche

In mid-February most of the chattering classes, left and right, lost interest in Sarah Palin after an ABC/WaPo poll that showed rank-and-file Republicans souring on her, or at least concluding she wasn’t qualified to be president. (I personally suspect that poll was an outlier, but that’s a subject for another day, when fresh evidence is available).

But now, in the wake of her twin appearances at a Tea Party Express event in Nevada, and on the campaign trail with John McCain in Arizona, Palin has become impossible to ignore again, and there’s now an interesting effort underway among conservative elites to denounce any dissing of St. Joan of the Tundra from their own ranks.

Today neoconservative patriarch Norman Podheretz appeared on that estimable right-wing bulletin board, the Wall Street Journal editorial page, to smite unnamed conservative critics of Palin, utilizing the Big Bertha of latter-day Republican rhetoric, the memory of Ronald Reagan:

Now I knew Ronald Reagan, and Sarah Palin is no Ronald Reagan. Then again, the first time I met Reagan all he talked about was the money he had saved the taxpayers as governor of California by changing the size of the folders used for storing the state’s files. So nonplussed was I by the delight he showed at this great achievement that I came close to thinking that my friends were right and that I had made a mistake in supporting him. Ultimately, of course, we all wound up regarding him as a great man, but in 1979 none of us would have dreamed that this would be how we would feel only a few years later.

Podhoretz goes on to suggest that liberal contempt for Palin is of a piece with liberal contempt for Reagan, and thus should never be echoed on the Right. This is all interesting because it’s the neoconservative wing of the Republican Party — heavily focused on foreign policy, disproportionately led by people who are secular, Jewish, or both, and suspicious of the influence of the Christian Right and of right-wing “populism” generally — where disdain for Palin is most visible. Podhoretz is trying to rein that tendency in.

And it looks like his argument is already getting traction. In its “Arena” feature, Politico asked a bunch of prominent gabbers, most of them conservatives, to react to Podhoretz’s piece, and they generally said he was right (with the occasional condescending reference to Palin’s need for a little more seasoning).

This doesn’t mean that neoconservatives are on the brink of shouting “Run, Sarah, Run!” or emulating the adulation she arouses among Tea Party folk or Right-to-Lifers, but it does represent a disciplinary reminder that the conservative coalition can’t brook any friendly fire. Podhoretz cites William F. Buckley’s famous quip that he’d rather be governed by the first 2,000 names in the Boston phone book than by the faculties of Harvard and MIT, and implies that the prospect of being governed by Sarah Palin rather than Barack Obama represents an equivalent choice (certainly the most back-handed of compliments to Palin).

But the choice, he says, is clear and must be made:

[A]fter more than a year of seeing how [Obama’s] “prodigious oratorical and intellectual gifts” have worked themselves out in action, I remain more convinced than ever of the soundness of Buckley’s quip, in the spirit of which I hereby declare that I would rather be ruled by the Tea Party than by the Democratic Party, and I would rather have Sarah Palin sitting in the Oval Office than Barack Obama.

So on behalf of neoconservatives, Podhoretz is taking the coalition oath anew, and inverting the old Popular Front slogan of “Pas d’ennemis a gauche, pas d’amis a droit” (no enemies to the Left, no friends to the Right). That’s not terribly surprising in the current Total War atmosphere of American politics, but it’s amusing that Palin is being treated as the acid test of conservative solidarity, and perhaps alarming that she passes.

This item is cross-posted at The Democratic Strategist.

Governor Moonbeam Versus eMeg

It’s obvious that the Golden State isn’t golden anymore. As a new transplant here, the first state political event I watched up close was a May 2009 special election, featuring six ballot initiatives designed to avert a titanic budget crisis. California’s voters responded with what can best be described as snarling apathy. Turnout was 20 percent, which beat the previous California record for low turnout in a statewide election. The five initiatives that dealt with spending and revenue — which needed to pass in order to implement a major fiscal compromise — all went down, hard. (Most of them lost by two-to-one margins; a sixth initiative, denying legislators pay raises when the budget’s not balanced, passed.) Californians weren’t just experiencing a momentary fit of pique, either: In 2005, a similar package of eight budget deal-related ballot initiatives met the same fate.

As of March 21, the approval rating for Republican Governor Arnold Schwarzenegger stood at 23 percent, which was where his Democratic predecessor, Gray Davis, was when he was recalled and booted out of office in 2003. But that level of support looks robust compared to that of the state legislature (controlled, if that’s not too strong a word, by Democrats), which stands at nine percent, not far from statistical zero.

California’s bad case of political self-loathing goes beyond a terrible economy, the state’s chronic monstrous state budget deficits, and the endless gridlock over virtually all major decisions in Sacramento. On the structural level, California’s permissive ballot initiative system has inserted voters — or, to be cynical about it, the special interests backing initiatives — into matters normally left to governors and legislators, resulting in constitutional limits on property taxes; excessive reliance on recession-sensitive income taxes; a crippling two-thirds vote requirement for legislative enactment of a state budget or for increasing taxes at any level of government; and a variety of spending mandates. Polls consistently show that a majority of citizens oppose tax increases and most spending cuts (they do favor cutting spending on prisons, which are operating under court rules and stuffed with inmates who have run afoul of the state’s many mandatory sentencing laws, some imposed by initiative). “Waste” is where Californians seem to want lawmakers to look for the massive savings necessary to balance the budget. Too bad California already ranks near the bottom among states in per capita state employees and infrastructure investment, and below average in per-pupil spending on education.

The obvious question is why anyone would want to be the next governor of California. But three viable candidates — two Republicans and one Democrat — are defying logic by offering themselves for this post. One Republican, state insurance commissioner and former tech executive Steve Poizner, is running on a systematic right-wing platform of massive spending cuts, new personal and business tax cuts, and, for dessert, another effort to ban access to public benefits for undocumented workers and their families. The second GOP candidate, former eBay CEO Meg Whitman, is running far ahead of Poizner, floating her campaign on an extraordinary sea of early money. Three months before the June primary, and eight months before the general election, Whitman (or eMeg, as local political journalists often call her) has already spent $46 million, mostly from personal funds on her campaign, and has threatened to spend up to $150 million if necessary. She has launched an astoundingly early series of saturation media ads, becoming ubiquitous on the California airwaves, as recently explained by David Crane of the influential political blog Calbuzz:

The campaign’s Gross Rating Point report, measuring total delivery of the current week’s broadcast ad schedule in 11 markets in California, shows that eMeg’s buy is comparable to what a fully-loaded campaign might ordinarily deliver in the closing weeks of a heated race — not three months before a primary that she’s prohibitively leading.“These are some big f****n’ numbers,” said Bill Carrick, the veteran Democratic media consultant after reviewing the report. “She’s buying the whole shebang.”

Whitman’s ads mainly convey, with numbing repetition, her claim to offer a fresh start for the state, delivered by a rock-star business executive committed to cuts in spending, tax cuts, and education reform. But she recently launched another batch aimed at primary opponent Poizner — whom she leads in the most recent Field Poll by 49 points — depicting the hyper-conservative as, believe it or not, a liberal who thinks just like Nancy Pelosi. (Poizner is reportedly planning to fire back using $19 million of his own Silicon Valley fortune, which may force Whitman to tack in a conservative direction on issues that she’d just as soon avoid, such as immigration.)

These assaults have raised some old concerns about her reputation in corporate circles for being ruthless in the pursuit of her goals, and a bit deranged — exhibiting an “evil Meg” alongside the “good Meg” of her press clippings — if denied her wishes. She’s also bought herself grief by refusing, until very recently, to answer press questions or elaborate beyond the happy talk of her biographical ads about her positions on various issues. All in all, she’s in danger of earning the reputation of being something of a robo-pol like her political mentor, Mitt Romney.

Indeed, Whitman’s overall strategy appears to be to clear the primary field by bludgeoning Poizner out of the picture with attack ads, and then to run as a can-do moderate conservative who’s worth a gamble for the relatively few voters who bother to show up at the polls. And she is reportedly spending hundreds of thousands of dollars building a library of negative information to use against her general election opponent, a guy named Jerry Brown.

That’s right, Edmund Gerald “Jerry” Brown Jr., who is, on paper, the least likely person imaginable to become the frontrunner for governor of a state that is so passionately disillusioned with politicians. The son of an old-style liberal Democratic governor who served two terms before being bounced from office by Ronald Reagan, Brown was first elected to statewide office 40 — yes, 40 — years ago. After a term as secretary of state, he was governor for eight years, and later state party chair, mayor of Oakland and, currently, attorney general of California. He also ran unsuccessfully, and somewhat fecklessly, for the U.S. Senate once and for president three times (coming second to Bill Clinton in 1992). Not many Californians can remember a time when Brown or his father wasn’t in office or pursuing office, and most can remember more than one occasion when Brown Jr. did something quirky, embarrassing or controversial. Indeed, Whitman may be wasting her money reminding them.

But that’s the funny thing about Jerry Brown’s candidacy. Instead of being the fattest target in America for a Republican opponent, Brown is even with or slightly trailing Whitman in recent polls, despite her massive unopposed spending on TV ads — and, given California’s Democratic registration advantage, he’s a good bet to win unless the effectiveness of Whitman’s spending significantly outstrips the likely backlash against it.

You see, Jerry Brown is a tough challenger because he is hard to confine to the standard political and ideological boxes. His long political career may be a handicap in some respects, but it has also helped him defy typecasting and create unusual coalitions. Long an ally of Democratic liberals — in the 1990s, he had a show on the lefty Pacifica radio network — Brown governed California as a fiscal hawk in the wake of the property tax-slashing Proposition 13 (which he had opposed) in 1978. Similarly, as mayor of Oakland from 1999 to 2007, he became known for a strong law-enforcement record, and for his championship of charter public schools, including one controversial military school. He can be broadly characterized as a social liberal and fiscal conservative, which is a good fit for his state. But his leitmotif as a politician has always been unpredictability and a knack for anticipating and sometimes embodying the zeitgeist.

What’s more, his unique form of personal charisma makes him freakishly appropriate for the contemporary madness of California politics. For instance, here’s a characteristic snippet from an interview that Brown conducted with the New York Times, just after he was elected attorney general in 2006:

Over the years, you have moved from being a fabled liberal to a centrist position.

I don’t know. I don’t use that spatial metaphor.

Then how would you describe yourself politically?

I’m very independent. There’s a great line from Friedrich Nietzsche: A thinking man can never be a party man.

Charming. Yet, despite his willingness to name-check Nietzsche, Jerry Brown prefers the idea that politicians should tamp down their own passions, in a way the philosopher might have abhorred. He seriously studied Zen Buddhism in the 1980s, underwent training for the Jesuit priesthood and worked with Mother Teresa in Calcutta. Not surprisingly, he conveys a certain aura of ironic detachment and self-control.

Indeed, over four decades of engagement in public life, Jerry Brown has developed a remarkable knack for displaying a sense of his own — and government’s — limits. He began his gubernatorial first term in 1975 with an off-the-cuff “address” that ran seven minutes; replaced the traditional inaugural ball with an informal dinner at a Chinese restaurant; traded in his gubernatorial limo for a 1974 Plymouth from the state car pool; rented a small apartment instead of living in the governor’s mansion; and reportedly slept on a mattress on the floor. (As governor, Brown was far more fiscally conservative than his predecessor, Ronald Reagan, who raised taxes and spending several times. His austerity, which created vast budget surpluses, prompted one Reagan aide to joke that the Gipper “thinks Jerry Brown has gone too far to the right.”) Appropriately, one of Brown’s publicly identified gurus was Small Is Beautiful author E.F. Schumacher, and he once described his governing style, using a strikingly Zen phrase, as “creative inaction.” That could be very handy if he gets the job he is running for, where limits have been placed on virtually everything a governor can do, and it also provides a strong contrast to Whitman, whose campaign screams hubris.

Short of having their own grossly rich and relentless attack dog in the race, Democrats are probably blessed to have Brown, who can be expected to shrug off Whitman’s certain assault on his record and land a few coolly delivered blows of his own. He’s already reminding voters that California hasn’t had a particularly good recent experience with “outsider” governors promising to come in and clean up Sacramento by sheer force of will. And, without a doubt, Whitman’s campaign will bring back bad memories of another California candidate who boasted of vast executive experience and spent money like water on unconscionable attack ads: Al Checchi, whose over-the-top 1998 campaign eventually elevated the most boring candidate in the field, Gray Davis, to the governorship.

Meanwhile, Brown will have the luxury of leaving the anti-Whitman dirty work to surrogates and supporters who are planning a half-million ad assault on the Republican. And it’s not exactly a bad time to run as something of an anti-corporate populist, as Brown is doing, talking up “the people who work for the people, the firefighters, the nurses, the hospital workers, the janitors.” I don’t have to spell out which billionaire CEO-politician might be caught in that rhetorical net.

And Brown’s other ace in the hole could well be the Latino vote. Dating back to his close association with pioneer farm-labor organizer Cesar Chavez — who backed Brown’s 1974 candidacy in hopes of finding a political solution to the United Farm Workers’ problems — Brown has longstanding ties to California’s Latino community. Even in polls showing Whitman in the lead, he is beating her badly among Latinos. If Poizner gains traction in the primary, she will be under heavy pressure to move closer to his harsh positions on denying state aid to undocumented workers. And it hasn’t escaped notice that one of Whitman’s closest advisors is former governor Pete Wilson, whose sponsorship of the anti-immigrant Proposition 187 back in 1994 decisively alienated Latino voters from the GOP and materially contributed to the state’s current Democratic majority.

It’s a long time until November. The Brown-Whitman tilt will have to share media attention and airtime with a Republican challenge to Sen. Barbara Boxer and, before that, with a close and entertaining Senate primary battle between Carly Fiorina and Tom Campbell. At the state GOP convention two weeks ago, Fiorina, like Whitman an “outsider” business executive, was the star of the show. Her quirky web ads going after Campbell (the “demon sheep” ad, already a cult classic) and Boxer (a new ad unveiled at the GOP gathering that showed the senator morphing into a hot-air balloon) are as imaginative and attention-grabbing as Whitman’s TV spots are shrill and heavy-handed. The high point of Meg’s appearance was a press conference where she finally answered press questions. Her leaden convention speech and an over-produced Mitt Romney endorsement provided a glimpse of how poorly her act could wear on Californians over the long haul.

And it’s not as though Jerry Brown is likely to present Whitman with an unmoving target. As protean as California itself and as wily as any other 40-year veteran of political wars, Brown nicely defined himself in an interview with Calbuzz just after officially announcing his candidacy: “Adaptation is the essence of evolution,” he explained. “And those who don’t adapt go extinct.”

Indeed, such adaptivity may be the only thing that can serve California’s needs right now. With the state no longer in its political golden age, the harsh reality of running — and governing — in a place with such baleful political realities will require a truly kaleidescopic ability to make the best of a hostile environment. And, in a contest with a Republican who seems determined to prove that she and her checkbook can win it her way or no way, I wouldn’t place any bets against Jerry Brown becoming California’s right-man-in-the-right-place, one last time.

This item is cross-posted at The Democratic Strategist.

In D.C., Public Defenders Aren’t Where the System Falls Short

On this one, I stepped out of my comfort zone. While I normally write about national security, foreign policy, and the military, yesterday I placed an op-ed in the Washington Post about none of the above. Rather, the piece was about my experience as a “mentor” (a term that seems funny) to my friend, Tim Cofield. We met through a charity called the Welcome Home Reentry Program. As that title might suggest, Tim is an inmate in the D.C. jail, and has been for a good chunk of his life — 13 out of 54 years. The only upside to that is that he essentially missed the Bush years. But as of right now, he’s still there, despite being scheduled for release last Friday.

The point of my article is pretty simple — Tim keeps ending up in jail (he’s been convicted four times, by my count), but he’s not necessarily getting any better. Unless he gets high-quality and consistent mental health and substance abuse care, not to mention a stable place to live and a steady income, Tim is almost certainly going to find himself back in jail soon.

This is a difficult issue for politicians, particularly those on the state and local level who control budgets. Fearful of looking “soft on crime” (hello, California’s three strikes law), politicians promise to throw any transgressor behind bars without paying attention to the consequences. State budgets go bust, and overcrowded prisons are eventually emptied, even though prisoners’ behavioral patterns haven’t been altered.

Here’s an excerpt:

If all goes according to plan, my friend Tim Cofield will be a free man by the time you read this. He was scheduled to get out of the D.C. jail Friday. Despite having spent more than three months in an orange jumpsuit, Tim would probably disagree with Eric Holder’s February speech to the National Symposium on Indigent Defense, in which the attorney general called for more funding to fulfill Americans’ right to competent defense. While I’m sure Holder is correct that “in some parts of the country . . . basic public defender systems simply do not exist,” Tim — whom I mentor through the fantastic Welcome Home Reentry Program — would tell you D.C. public defenders are actually quite good.

In the District, money would be better used to improve post-release rehabilitation and mental health programs. Without better support for parolees, we cannot break a cycle that leads to the reconviction of two-thirds within three years. This astonishing statistic is due to many factors, but here are two big ones: According to the Bureau of Justice Statistics, 74 percent of inmates enter state prisons hooked on drugs or alcohol and 56 percent have a significant mental health problem. Tim checks both boxes.

[…]

We’re at a crucial point. Tim has probably (though not certainly) stayed clean in the prison’s rehab program. I visited him in jail, and he seemed clear-headed and resolved. He is being released into a halfway house that also serves as a drug treatment program. The quality of these programs varies wildly, but regardless, I know he needs much more than just rehab.

His chances to salvage any semblance of a productive life depend on a combination of high-quality substance counseling, consistent therapy and stable housing.

Read the entire thing here.

How to Beat the Demagogues

The following is an excerpt from Mike Signer’s column published this weekend in the Daily Beast:

In the last few days following the passage of a new health care system in the United States, Tea Partiers have spit at U.S. representatives entering the Capitol. They’ve thrown bricks through the windows of congressional district offices. On her website, Sarah Palin has put a rifle target on the districts of lawmakers she opposes.

With unemployment still around 10 percent, home values falling and real incomes stagnating, people have been feeling stability slip away for years. The tendency for such insecurity to become anger instead has proven a treasure trove for opportunists — for politicians like Sarah Palin, in votes and speaking fees, and for entertainers like Glenn Beck, in advertising dollars.

In these charged, uncertain times, we’d do well to recall the lessons of the post-Depression 1930s. This was when the Louisiana Senator and Governor Huey Long prowled the national stage, when the charismatic Detroit “radio priest” Father Coughlin assailed FDR’s “communist” methods in favor of religiously-driven economic populism, and when the anti-Semitic reverend Gerald L.K. Smith agitated audiences across the country.

America ultimately emerged stronger than we went in. We directly confronted demagogues like Long, educated ourselves about our constitutional traditions and lawfulness, and tailored reform around action rather than rhetoric. The 1930s hold several key lessons we should remember today:

1. Ad hominem attacks can backfire. In 1935, Americans around the country walked into soda shops and lunch counters to see the word “Demagogues” on the front page of Newsweek. The week before, General Hugh Johnson, the revered director of FDR’s National Recovery Administration, had lambasted Long as a combination of “Peter the Hermit, Napoleon Bonaparte, Sitting Bull, William Hohenzollern, the Mahdi of the Sudan, Hitler, Lenin, Trotsky, and the Leatherwood God.”

However, Johnson didn’t realize that he had given the canny Louisiana Senator just the opening he needed to achieve national legitimacy. After Johnson’s speech, Long demanded that NBC, which had covered the speech, give him equal time. The network eventually agreed to give Long 45 minutes, free and clear. A stunning 25 million people tuned in. During his speech, Long spent about five minutes calmly dismissing the charges against him, and proceeded rationally to describe and proselytize for his “Share the Wealth” plan. A correspondent wrote that Johnson’s attack had managed to transform the Kingfish “from a clown into a real political menace.” One of FDR’s aides estimated that Long would win six million votes in the 1936 presidential election.

In the end, whether you’re Nancy Pelosi or Keith Olbermann, you need to realize that political outrage is not self-fulfilling; ad hominem attacks against opportunists like Beck and Palin can often backfire, making them both more popular and even more sympathetic.

Read the rest of the article on the Daily Beast.

Photo credit: https://www.flickr.com/photos/savannahgrandfather/ / CC BY 2.0

Clean Energy, Guaranteed: Why Nuclear Energy Is Worth the Cost

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Last month, President Obama announced $8.33 billion in loan guarantees for the construction of two nuclear reactors in Georgia — the first to be built in the U.S. in more than 30 years. That announcement followed the president’s proposal to triple nuclear loan guarantees to $54.5 billion in his latest budget. If there had been any doubt about the administration’s support for nuclear power, the president’s actions in recent weeks should dispel them.

Obama’s pro-nuclear approach has displeased some of his allies in the environmental community. Erich Pica, president of Friends of the Earth, which endorsed Obama in the 2008 election, told the New York Times recently, “We were hopeful last year; he was saying all the right things. But now he has become a full-blown nuclear power proponent, a startling change over the last few months.”

But the president’s advocacy for nuclear energy shouldn’t disappoint progressives. Over the past few years the need to significantly reduce the emissions of carbon into the atmosphere has become generally accepted. This can only be accomplished if we replace large amounts of carbon-emitting electricity generated by coal with low- and non-emitting sources. While renewable sources like wind and solar power will no doubt play a greater role as we move beyond fossil fuels, we are still decades away from scaling up those sources and upgrading the grid to meet our base load electricity requirements. In light of our electricity needs, nuclear power must be a part of our energy future.

Nuclear currently makes up about 20 percent of our electricity usage and 70 percent of non-carbon-emitting electricity generation. To increase the fraction of non-emitting sources to displace fossil fuel-based power, we need to build new nuclear power plants, as the industry already is producing at more than 90 percent capacity in the existing 104 plants in the U.S. today.

Building new nuclear plants is an expensive proposition, however. Indeed, the cost of building new plants is one of the primary criticisms leveled against nuclear power. But as this policy memo demonstrates, while cost is a problem, it is not an insurmountable one. The cost factor is certainly no more onerous for nuclear than it is for solar and wind. To their credit, proponents of clean energy have refused to let the high cost of scaling up renewables prevent them from continuing to push for such projects. Why then do so many clean energy proponents insist on crossing off nuclear from the energy mix by pointing to its costliness?

If we really are serious about creating a post- carbon future, solar and wind need to play a prominent role — but so does nuclear. Sure, nuclear plant capital costs are high, but nuclear plants have an advantage, in that their fuel costs are low, well understood and stable.

Solar and wind have the same economic and greenhouse gas-reducing characteristics as nuclear, with one very important difference: scale. Renewables come in very small unit sizes. The largest wind turbines have a capacity of no more than two to three megawatts, requiring the use of many, many individual turbines in a farm configuration. Nuclear plants come mostly in large sizes, with each plant producing up to 1,700 megawatts. A wind turbine rated at one megawatt of electrical capacity can provide enough electricity to power up to 300 homes for one year — and that’s when it’s generating electricity when the wind blows, which is the case about one-third of the time.

Compare that with a nuclear plant, which produces electricity better than 90 percent of the time, and can produce exponentially more power than a wind farm. A single nuclear plant rated at 1,700 megawatt capacity can provide power for a year for 1,258,000 homes per year.

Why Costs Are So High

The administration’s announcement of new loan guarantees for nuclear power underscores the reality that building nuclear plants is an expensive enterprise. Seventy percent of the cost of nuclear energy lies in upfront construction costs, while only 20 percent are in operations and maintenance and 10 percent goes toward fuel. Compare that to coal and natural gas, whose upfront costs are lower but whose fuel costs are considerably higher, and even more so when carbon is priced under a cap-and-trade regime.

The difficulties in building new nuclear plants are driven largely by the uncertainty surrounding the costs associated with large infrastructure projects. There are four primary causes for the high cost of assembling new nuclear plants:

  • Nuclear plants are some of the largest capital construction projects that exist today. A new nuclear power plant requires a significant amount of specialty materials and equipment that require well-established pedigrees to guarantee the highest standards of quality and safety.
  • Relatively long periods of time are needed to design, license and construct large facilities. Schedules are also affected by uncertainties related to delays that plague construction projects. As the U.S. hasn’t built a plant in three decades, the supply chain for highly specialized materials has atrophied — a factor that also compounds the problem.
  • High interest rates on borrowed money. Interest rates for nuclear projects typically carry an added premium to account for the uncertainty arising from missed construction deadlines and budget overruns that occurred during the construction of some nuclear projects in the late 1970’s and early ’80s.
  • Economies of scale have driven both reactor equipment suppliers and their potential customers to ever larger — and more exorbitantly priced — plants.

To hear critics of nuclear energy tell it, nuclear is simply too expensive a clean energy option for the U.S. But solar and wind projects are actually more expensive on the basis of cost per unit of electricity delivered. Without significant tax incentives, loan guarantees and power purchase requirements that have been given to developers of wind and solar farms to spur their growth, it is highly unlikely that we would have seen these large land-use icons pop up around the country.

The U.S. Energy Information Administration (EIA) recently released their estimates of average levelized capital costs of electricity for new plants entering service in 2016. The EIA’s estimate took into account construction costs and time, operating and fuel expenses, and the costs of financing. The total system levelized cost for nuclear power was $119 per megawatt-hour (in 2008 dollars). That was lower than the estimate for wind ($149.3), offshore wind ($191.1), solar thermal ($256.6) and solar photovoltaic ($396.1).

One edge that nuclear has over solar and wind is its reliability. Currently, solar and wind suffer from the problem of intermittency — when the clouds come out or the winds die down, power stops being generated, which requires gas-powered backups and development of more advanced storage technology. Nuclear, on the other hand, produces 24 hours a day, 365 days a year, and is largely immune to daily and seasonal weather changes.

Moreover, nuclear has met the test of longevity. The upfront costs may be high, but nuclear plants stand for a long time. Nuclear reactors typically receive operating licenses of 40 years from the Nuclear Regulatory Commission. But nearly half of the country’s 104 reactors have received extensions for another 20 years of operation, and there is a reasonable expectation that almost all reactors will eventually be granted 20-year extensions by the agency.

What to Do About Costs

No more expensive in key cost metrics compared to solar and wind power, nuclear energy must be considered part of the energy mix if we are to move beyond fossil fuels. Solving the cost issue is central to making nuclear a key part of our energy future.

There are several potential answers here:

  • An expanded federal loan guarantee program to address the problems of long development times and cost. With the Obama administration’s tripling of the loan guarantee program in its 2010 budget — to $54 billion — and the announcement of $8 billion in loan guarantees for the completion of two new plants in Georgia, it’s obvious that the administration understands the importance of loan guarantees to jump-start our nuclear industry. Now Congress needs to follow the administration’s lead and provide these funds.Expanding the loan guarantee program to spur a larger number of projects sends a significant signal to the industry that the federal government is serious about nuclear energy. Note that a loan guarantee isn’t the same as a subsidy. All that a guarantee does is put the government on the hook in case the utility is unable to repay the loans they took out for the project. The government, by guaranteeing the loans, is merely greasing the wheel for nuclear construction projects to be funded by private banks. It should also be noted that the utilities pay a premium to have this insurance — a so-called credit subsidy cost to cover the government’s long-term liabilities.Past troubles with nuclear construction projects, most notably the bond defaults in Washington State in the early 1980s, were caused by rapid overexpansion by power companies that predicted that electricity demand would grow, as it had for decades up to that time, at seven percent per year. When actual demand rates fell far short of that historical target (more like one-to-two percent per year), many large nuclear construction projects were simply not needed. Electricity demand continues to grow, even now, just at a slower rate. The current risk of default is considerably reduced as both construction advances and load growth are much better understood now than they were in the late 1970s and early ’80s.
  • The way nuclear plants are built also contribute to their enormous costs. When plants were built in the 1970s and ’80s, they were constructed with designs that were specific to their locations. In other words, there was no standardization of plant design. More than two decades later, we now know we can do better — and cheaper. Design simplification, modularization and factory construction rather than onsite construction should be central to any effort to cut nuclear plant construction costs. Designing plants in a way that minimizes the need for high-cost materials — without sacrificing safety and quality, of course — would also contribute to making plants less expensive. By standardizing the way plants are built, we can make the process of construction much more efficient and less prone to mistakes and delays that have hobbled previous projects.
  • Having utilities build smaller reactors could also help. Too often, utilities take on large nuclear projects that start out with an astronomical price tag. Even small budget overruns and construction deadline delays become high-cost items in their own right. Smaller reactors are viewed by lenders as lower-risk investments, which could make it easier and cheaper to finance such projects. There are a number of companies now developing and marketing designs at small capacity. If they can prove their concepts to both the Nuclear Regulatory Commission and potential utility buyers and investors, it could prove to be a game-changer in the nuclear renaissance.
  • We should also consider public ownership or majority-interest construction, similar to the large water projects of the 1920s and ’30s that saw the federal government build the Tennessee Valley Authority, the Bonneville Power Authority and other entities to provide electricity for the public good. To this day, the government still manages and operates TVA and other similar projects. Indeed, this may be the only possible pathway for construction of large-scale nuclear power plants in the U.S. It already is the path that is being used in other countries.

If the Rest of the World Can Build Nuclear, Why Can’t We?

As we have engaged in a political tug-of-war over whether to make nuclear energy a part of our energy future, other countries have moved ahead with construction and financing their own nuclear plants. China, France, Russia, Finland, Japan and South Korea are all building plants using domestic knowledge and resources with the intent of building more plants both domestically and globally. Many of these countries are using government funds or incentives to achieve faster construction times and less investment risk.

Even those that are using private funds to build new large nuclear projects have a close working relationship with their governments, which makes construction times and, ultimately, costs more manageable. They undertake their projects secure in the knowledge that each new completed plant only adds to their understanding and mastery of nuclear technology.

Moving up the learning curve for nuclear financing and construction are important steps that the U.S. needs to take now. We cannot abandon the technology simply because of uncertainties in financing new construction. We have already fallen behind and ceded global leadership in this important technology — one that we pioneered — to others. Other countries have proven the capability and capacity to build nuclear projects on time and on budget. There is no reason we can’t do the same.

Conclusion

Nuclear energy is simply too important a technology for the long-term health of the planet for us to ignore. The cost problem is real — but it is not without solutions. Considering how badly we need to begin reducing carbon emissions immediately, the continuing efforts by some progressives to throw nuclear out of the energy mix — even as they support less reliable and just as costly renewables — is discouraging.

At least the Obama administration is moving in the right direction. As the U.S. embarks on a revival of its nuclear industry, progressives should rethink their long-standing opposition to nuclear power. To free ourselves from coal’s grip, we cannot leave any fuel behind. President Obama’s push for nuclear is exactly the kind of pragmatic, progressive approach to addressing climate change and clean energy that deserves our support.

Download the report.

Erie Times-News: High-speed rail group seeks stop in Erie

Mark Reutter in the Erie Times-News:

Railroad historian and journalist Mark Reutter was the featured speaker at Thursday’s meeting.

He said Obama’s decision to fund high-speed rail with $8 billion in the Recovery Act money is “a step in the right direction.”

“But it’s hardly the end of the process,” Reutter said. “A lot more planning and creative thinking — not to speak of hard cash — are needed to make sure that this very complex building program gets off the ground and produces the most efficient means of travel possible with the greatest number of jobs and economic opportunities generated by new train service.”
Read the entire article.

Pre-Election Court Fight?

Congress wrapped up action on health reform with considerable dispatch in the wee hours last night. It’s generally assumed that financial regulation will be the next big issue, and one that many Democrats will relish given the likelihood that the stiff winds of public opinion will be at their backs for a change.

But it appears a very different fight may be thrust upon them pretty soon, with reports that Supreme Court Justice John Paul Stevens may retire as early as next month (when he turns 90). If that’s the case, a confirmation fight will inevitably coincide with the runup to the November elections.

Now Stevens (though appointed by Republican president Gerald Ford) is considered one of the Court’s staunchest liberals, so the confirmation process normally wouldn’t touch off the sort of frenzy on the Right you’d see if Obama were in a position to replace a conservative. But given the timing–not just the proximity to the midterms, but to the health care battle–none of that may matter. You can certainly expect the Tea Party movement and its Republican allies to use a Court fight to dramatize their claims that the Constitution is being shredded. And it’s particularly likely that the Christian Right (important to both the Tea Party movement and the GOP, but not very visible in the news media) would use the opportunity to remind everyone they’re still around, loud and proud.

The New York Times story on the probable Stevens retirement runs through the most prominent candidate for the next Court opening, with Cass Sunstein and Harold Koh the possibilities most likely to set off a major ideological war, though the odds of either getting the nod are slim.

Given the current environment, though, the president would probably have a big fight on his hands even if he appointed a card-carrying member of the Federalist Society to the Court. After health reform, virtually anything he does will by definition be treated by much of the Right as part of his nefarious plot to turn America into Sweden, if not Venezuela. So get ready for a major rumble.

This item is cross-posted at The Democratic Strategist.

Breaking Up Is Hard to Do, Even for Intel Geeks

I’d like to think Noah Shachtman started to think seriously about his latest policy proposal around the time he wrote this policy memo for PPI in January. But it’s more likely he had been chewing over the idea — articulated in the current issue of Wired magazine — to break up the National Security Agency (NSA) far earlier.

It’s a fairly daring proposal on the surface because, after all, even those of us who have worked in the intelligence community don’t have a great handle on what makes the NSA tick. Dissemination of intelligence products is so tightly controlled — even within the intelligence community — that we at NCIS would sometimes wonder (jokingly) if the NSA was actually on our side.

Here’s the gist:

NSA headquarters — the “Puzzle Palace” — in Fort Meade, Maryland, is actually home to two different agencies under one roof. There’s the signals-intelligence directorate, the Big Brothers who, it is said, can tap into any electronic communication. And there’s the information-assurance directorate, the cybersecurity nerds who make sure our government’s computers and telecommunications systems are hacker- and eavesdropper-free. In other words, there’s a locked-down spy division and a relatively open geek division. The problem is, their goals are often in opposition. One team wants to exploit software holes; the other wants to repair them. This has created a conflict — especially when it comes to working with outsiders in need of the NSA’s assistance. Fortunately, there’s a relatively simple solution: We should break up the NSA.

Noah advocates essentially splitting the offense (signals intelligence) from the defense (information assurance). Think of it in football terms: O and D can peacefully co-exist under a head coach in the NFL because they’re both working against a different team. But in the cyberwars, it’s unclear who the other team is, and the NSA runs the risk of putting its O and D on the field against one another.

To alleviate this problem, Shachtman wants to create a new Cyber Security Agency with the information assurance directorate. He believes the new CSA would be more trusted and thus able to coordinate better with outside cyber stakeholders. The directorates already have separate budgets and oversight, so it shouldn’t be all that painful.

That sounds about right to me.  However, I should note that Noah’s piece doesn’t elaborate on the drawbacks of this approach. Is that because they’re aren’t any, or because we wouldn’t know them until it’s too late? That’s worth looking into.

Frum Flung from Fox-Run GOP

I’m not a political strategy guy. The only time I ever ran for office (class president, sixth grade) I came in third. But I was surprised at some of the response I got from my piece highlighting some legitimate concerns about health care raised by former Bush speechwriter David Frum. A liberal buddy responded to my suggestion that we follow the president’s vision of bipartisanship and work with Republicans when they seem to be making a good-faith effort to improve policy with a “Were you just trolling?” But I wasn’t — not only is it good policy, it’s good political strategy.

Yesterday afternoon, neoconservative bastion American Enterprise Institute showed Frum the door for his critiques of Republican strategy. Frum is no moderate, and it is a sign of how far the Republican Party has moved to the right that the guy who coined the phrase “Axis of Evil” gets defenestrated for not being tough enough. Or — more likely — for being too tough on the real power source of the conservative movement: Rush Limbaugh, Fox News and what Frum called the “conservative entertainment industry.”

But this is an encouraging sign for progressive causes and the Democratic Party. As long as the conservative movement is dominated by Tea Party orthodoxy and spin-job martinets disciplining wonks and the rank-and file, it will continue to shrink its tent. The president’s willingness to sit down and negotiate with reasonable interlocutors across the aisle provides an instructive contrast. On the other side, bipartisan cooperation is verboten and heretics are cast out from the party. On our side, the president sets the tone by continuing to preach bipartisanship. Which of those approaches will play well with independents?

In much the same way as the Obama’s “open hand before the closed fist” foreign policy — an approach that has gotten Europe to line up with us against Iran and is likely soon to achieve a new START Treaty — has been more successful than W’s “with us or against us” cowboy ideology, so will a continued willingness to listen to constructive critiques provide better policy and better political results than refusing to listen to the opposition.

Ooh, They Have the Internet on Computers Now

Tom Tauke, chief lobbyist at Verizon, spoke yesterday in a speech designed to take a fresh start on governance of the Internet. His comments got some coverage as challenging the Federal Communication Commission’s (FCC) role in regulating broadband communication. The FCC’s broadband powers may be decided in a court ruling expected this spring — following oral arguments in January — on a Comcast challenge to the FCC’s oversight of Internet service providers on constitutional grounds.

But it’s worth pointing out that many of the statutes covering internet communications are woefully out of date. The Computer Fraud and Abuse Act (CFAA), the main law against hackers, passed in 1984. The Electronic Communications Privacy Act (ECPA), the main law covering online privacy, was enacted in 1986. These laws were written when faxes were still cutting edge. While the behemoth PATRIOT Act included some fine-tuning of these laws, they still envision a last-millennium Internet. The CFAA treats hacking my desktop computer with the same penalties as hacking a Microsoft data center. ECPA requires Gmail to treat emails I have stored from six months ago — writing about the start of the baseball playoffs last season — differently from this month’s emails on spring training.

Tauke’s suggestion that the FCC should evolve into more of an enforcement body is worth discussing. But regardless of who oversees the Internet, getting new laws to bring it into the 21st century should be a top priority.

Delegitimizing Authority

As James Vega pointed out in a post last night, threats or even acts of violence by right-wing fringe groups are entirely predictable — and even rational from the point of view of their perpetrators — in an atmosphere where even “respectable” conservatives often indulge themselves in charges that the country is sliding into some sort of totalitarian system.

I’d add that the problem goes even deeper than overheated rhetoric about the alleged “government takeover” of the health care system or the economy, or claims that an individual mandate to purchase health insurance (which, as progressives should mention as often as possible, has been supported in the very recent past by a large number of Republicans, among them 2012 presidential front-runner Mitt Romney) represents some sort of enslavement. More fundamentally, conservatives have sought to delegitimize the authority of the president and Democratic majorities in Congress by suggesting that they were not properly elected in the first place. That’s the obvious thrust of the “birther” argument, which Republicans continue to flirt with. And it’s the even more obvious implication of the “ACORN stole the 2008 election” meme, to which a significant share of rank-and-file Republicans appear to subscribe.

Moreover, the massive upsurge of militant constitutional “originalism” (a signature principle of the Tea Party Movement) is a new and alarming development, insofar as it implies that generations of Supreme Court rulings, by justices nominated by presidents of both parties, have consciously conspired to destroy the Founders’ design along with basic American liberties. To put it another way, if significant numbers of citizens come to believe that elected officials aren’t legitimately holding power, and that the justice system has failed to exercise any restraints on “tyranny,” what forms of civil authority are left? The armed forces? “Militias” exercising their Second Amendment rights to bear arms in self-defense?

Back in 1996, an obscure but significant dispute broke out among conservative intellectuals in the pages of First Things, a conservative ecumenical politics-and-religion journal edited by the late Rev. Richard John Neuhaus. To make a long (and controversial) story short, a number of Neuhaus’ colleagues argued that the “judicial usurpation” of democratic decisionmaking over abortion and same-sex relationships denied “the current regime” any genuine authority, or any loyalty from citizens. A number of other conservative intellectuals — many of them Jewish members of the “neoconservative” camp — recoiled in horror at this potentially revolutionary line of reasoning.

We’ve come a long way since then, it appears. Now similar arguments, aimed at all three branches of the federal government, are endemic on the Right, and have, for the first time since southern resistance to civil rights for African-Americans, a mass base in the population.

Thoughtful conservatives need to reflect on this development, and its implications, which go far beyond who wins or loses in 2010 and 2012. We are edging ever closer to the situation described by George Dangerfield in his famous study of pre-World War I British politics, The Strange Death of Liberal England, when Tory politicians opportunistically embraced revolutionary rhetoric against Home Rule for Ireland and nearly brought the United Kingdom to the brink of civil war.

It’s a trend that no American of any political persuasion should welcome.

This item is cross-posted at The Democratic Strategist.

Photo credit: https://www.flickr.com/photos/hadesigns/ / CC BY-NC-ND 2.0

Meg’s Spendathon

You may have heard that Republican Meg Whitman held a narrow lead over Democrat Jerry Brown in the latest Field Poll on the California’s governor’s race. But this week’s state reports on the spending of the candidates puts that in a better perspective.

EMeg (as the former eBay exec is often called) has spent a total of $46 million — most of it from her own fortune — on her gubernatorial bid so far, shattering every California spending record, months before the June primary and long before the November general election. Brown has spent a bit over $700,000, giving Whitman more than a 60-1 financial advantage. To put it another way, Whitman has already spent about as much as her political mentor, Mitt Romney, spent on his entire 2008 presidential campaign.

The fine Golden State political blog, Calbuzz, compared the Whitman and Brown spending records this way:

Our Division of Green Eye Shades and #2 Pencils calculates that if you take what Whitman has spent on private aircraft ($371,000), bookkeeping ($466,000) and catering ($113,000), it’s more than Jerry Brown has spent altogether ($716,000). The most catering cash –$67,800 – appears to have gone to Christopher’s Catering for a bunch of events, but our favorite is last May’s $10,962.69 paid to Wolfgang Puck for one event.

The bigger issue, of course, is that Whitman has been running saturation TV ads all across California, beginning with the Olympics, when she was far more ubiquitous than Apollo Ohno or Shaun White, and hasn’t let up since then (though she has recently shifted from a positive bio ad to attacks on conservative Republican rival Steve Poizner).

Whitman’s spending isn’t likely to slow down. Poizner has just launched his own ad blitz, and reportedly has $19 million stashed away for that purpose, and Meg has said she’s willing to spend $150 million on her own campaign before it’s all over.

Jerry Brown won’t be cash-strapped; he’s got $14 million in cash on hand, most of it raised before he even announced as a candidate, and will benefit from an estimated $40 million in independent expenditures by unions and other progressive groups.

It’s actually good news for Democrats that he’s basically even with Whitman after she’s spent like a waterfall and he’s spent like a bathtub trickle.

This item is cross-posted at The Democratic Strategist.