Time to Panic for Obama?

Sometime around 1:00 pm last Friday, you may have heard a loud caterwauling outside your window. That was the sound of the punditry class going gaga upon the release of Gallup’s daily tracking poll showing that President Obama’s job approval rating had finally inched below the symbolic 50 percent line.

Combined with the recent losses for Democrats in New Jersey and Virginia — and the alleged flight of independents into the waiting arms of the GOP in those elections — the milestone might be another indicator of the trouble this administration now finds itself in.

But let’s not lose our heads. The estimable Charles Franklin of Pollster.com takes a look at the polling data over the last few months and finds much ado about nothing:

There is no evidence that any group of Dems, especially liberal Dems are unhappy with Obama’s performance. Critical is that moderate and even conservative Dems have not moved away since August. Angry conservative Reps are indeed very unhappy with Obama, at almost the same level of disgust as Dems felt for Bush, but they too have reached a plateau at a steady 10% approval. The small number of moderate Reps have also plateaued (I’d discount small moves in the last week of the aggregation.)

So the point is simple: Claims of abandonment of Obama by independents (or lib-Dems or con-Dems) are substantially exaggerated over the past three months. Significant decline from May through August, yes indeed among Inds and Reps, but that trend halted in August.

Far from plummeting, Obama’s approval rating has stabilized in recent months to a range close to his percentage total in last year’s vote. And when did we decide that a president dipping below 50 percent was a kiss of death for the rest of his term? Pundits made a big deal of the Gallup news, calling the fall “historic,” as it was the fourth fastest rate of decline of any president since World War II. Third on that list? Ronald Reagan, who was so damaged by his swift descent that he failed to win Minnesota in the 1984 election. (He did win all the others.)

To put Obama’s 49 percent in proper context, take a look at this chart from the Wall Street Journal:

Presidential approval ratings since World War II

These are the approval ratings for all the presidents since World War II. Every single president save for Eisenhower and Kennedy dipped below 50 percent. In fact, Truman, Reagan, and Clinton all hovered around or dipped below the 40 percent mark at some point in their first terms. And yet they somehow managed to win reelection.

For all of the overheated talk about polls and public opinion, you can bet that there’s little panic in White House. As we’ve noted before, this White House seems to have an almost eerie capacity to block out the noise of the day-to-day and take the long view. Andrew Sullivan put it well:

He is strategy; his opponents are tacticians. And in my view, their tactics are consigning them to a longer political death than if they had taken a more constructive course.

In the Obama world view, a stumble is a non-event, a bad poll a blip. What counts is whether you get to the destination in the end. It’s an outlook that got him to the finish line during the campaign. Let’s see if it gets him to where he wants to go in the crucial months ahead.

Charlie Crist’s Blasphemy

Florida Gov. Charlie Crist is a Republican candidate for the U.S. Senate facing a conservative challenger who is attracting a lot of attention, support and money from conservatives around the country. He is, in fact, the number one target of the Club for Growth and other purge-obsessed conservatives determined to stamp out any hint of moderation in the GOP.

Crist’s opponent, former state House speaker Marco Rubio, has been picking up steam in the early polls, and is routinely trouncing the governor in local party straw polls. Aside from his gaudy national endorsements (including such conservative True Believers as Mike Huckabee, James Inhofe, and Jim DeMint), Rubio is assumed to have the private backing of his political patron, the Big Dog of Florida GOP politics, Jeb Bush. Crist, who aroused national conservative ire by endorsing President Obama’s stimulus package, increasingly has a great big bullseye on his back at a time when the right wing of the Republican Party is in a vengeful and triumphant mood.

So you’d think ol’ Charlie would be spending all of his time kissing the rings of talk radio hosts, yelling about socialism, sending out tea bags with his name stamped on it, and in general trying to build a Cristian Right. Florida is, after all, a closed primary state where the independents and conservative Democrats that Crist has attracted in the past can’t vote for him against Rubio unless they re-register as Republicans.

But to everyone’s surprise, Crist shows signs of doing the exact opposite: attacking not just Rubio, but his supporters, for being, well, wingnuts. In an interview with a Florida newspaper, Crist seems to be mocking Rubio’s supporters for being angry over nothing and for embracing nutty causes like that of the Birthers. Here’s how Evan McMorris-Santoro analyzed Crist’s apparent strategy for TPM:

While his attacks on Rubio’s conservative backers are sure to fire them up even more than they already are, Crist is hoping his confrontational approach will force Rubio into uncomfortable discussions about Obama’s citizenship and other right-wing rhetoric. He really had nowhere else to go — Crist’s record doesn’t allow him to make a serious run at changing the minds of Rubio’s supporters, so he has to run with the moderate message that has been successful in the past.

This being total blasphemy in the contemporary GOP, it will be interesting to see how it works out for Crist. If it does, Crist will become the maximum, and perhaps the sole, symbol of defiance against the rightward trend of the GOP. If it doesn’t, he may backtrack into can’t-beat-em-then-join-em territory, or add his scalp to the collection of the Club for Growth. Either way, that would be good news for Florida Democrats.

A Different Take on the Financial Transaction Tax

Having just joined the Progressive Policy Institute from a stint on Wall Street, I’d like to offer a different perspective on the financial transactions tax (FTT).

Last week, Lee Drutman argued in favor of an FTT, saying that a transaction tax modeled after the one our British friends have would raise much-needed funds. Writing in light of the past year’s economic crisis, Drutman also said that an FTT would “throw a little sand in the gears of the giant financial speculation casino.” While both raising revenue and reining in Wall Street are goals worth pursuing, I would argue that the FTT is a second-best solution.

According to Dean Baker of the Center for Economic and Policy Research, a proponent of the FTT, a Yankee equivalent of John Bull’s 0.25% transaction tax wouldn’t raise $100 billion — it would raise less than a third of that. You need to crank up the tax — to double the proposed amount on stocks and higher on other products — to get close to a hoped-for $100 billion in revenue.

Also, it’s worth pointing out that a transaction tax didn’t spare the British from any of last year’s financial crisis — they had housing crises, government bailouts, and bank nationalizations comparable to what we saw on this side of the Atlantic.

A transaction tax is simply too blunt an instrument. Pouring sand in the gears is not a way to slow a machine down — it’s a way to try to bring the machine to a halt. Trying to second-guess trader activity by taxing stocks and other securities at differing levels to generate sufficient revenue will only drive broker dealers to encourage trading in high-margin products to make up for the dead-weight loss of the tax. This would drive traders away from liquid products to illiquid ones, increasing systemic risk. This increased focus on complex structured products drains liquidity from the system, as we saw last fall.

A better solution is one along the lines in Sen. Chris Dodd’s (D-CT) proposed financial reform bill. In addition to heightened capital and leverage requirements for systemically significant, “too big to fail” banks, higher capital requirements and stricter leverage controls could be imposed on trading in complex financial instruments. This would drive Wall Street firms looking to goose returns through leverage from trading the complex products that contributed to last year’s crisis to more liquid — less systemically threatening — products.

Investors that would want to speculate on complex derivatives could still do so, providing they did it with their own money. And banks that wanted to sell those products could still do so, provided they had adequate capital to backstop those activities. Letting these properly priced incentives work their magic would allow the market to behave in a responsible manner. Revenue could then be generated from that market activity by taxing gains made by speculators at a rate in line with income tax rates.

This would achieve the goals the FTT sets out to do — rein in derivatives risk and raise revenues — in a way that leaves market forces free to be a driver of renewed growth in our economy. But I suspect the supporters of the FTT will want to have their say, and I look forward to hearing it.

Notes on the Hunger Problem and Volunteering

Coming on the heels of the U.S. Department of Agriculture’s recent report on food insecurity in the U.S., the New York City Coalition Against Hunger (NYCCAH) this week released its annual survey (PDF) of the city’s food pantries and soup kitchens. Its findings provide another vivid snapshot of the economic distress gripping the country, but also offer an encouraging sign of the federal government’s efforts to alleviate suffering:

In 2009, New York City’s emergency food providers (food pantries, soup kitchens, and brown bag programs) reported a 20.8 percent increase in need for their services, with the fastest growth in demand from families with children. While this comes as no surprise, given that the demand at such agencies has been rising for years and has only been accelerated by the recession, this year’s findings also show something new: a renewed potential to alleviate hunger through government action.

As need increased dramatically, for the first time in years, this survey showed a positive trend: although the economy continued to plummet in 2009 and increasing numbers of New Yorkers relied on soup kitchens and food pantries for help, such agencies had somewhat more ability to meet the growing demand than previous years, as Chart 2 shows. This is mostly due to increasing participation in the SNAP/Food Stamp Program and a surge in anti-hunger funding from the federal recovery bill.

The study credited the American Recovery and Reinvestment Act — the so-called stimulus bill — for providing much-needed support for aid efforts, and urged the government to renew stimulus funds to ensure that the neediest continue to receive the help they need in a challenging economic time. Moreover, as NYCCAH Executive Director and Progressive Fix contributor Joel Berg wrote here last week, “It’s a well-known fact that food stamps offer one of the best bangs for buck when it comes to stimulus,” another consideration in aid expansion’s favor.

The NYCCAH release also included this entreaty:

We, as Americans, also need to change our attitude towards volunteerism — instead of donating cans around the holidays, we need to be offering our skilled services to pantries and soup kitchens year round. While it may be gratifying to serve soup for a morning, it will do more good to help a pantry apply for a grant or develop a website.

As reported in this Sunday’s New York Times, food aid programs are besieged by would-be volunteers looking to ladle soup or load cans around Thanksgiving. In fact, most places have nowhere to put most of them. As Berg told the Times about food aid volunteering, “Please, please, please don’t do it just on Thanksgiving, and please, please, please understand, we have skills-based needs that are far more important than just food service.”

The need for skills-based volunteers at soup kitchens and pantries is a familiar plea from those on the front lines of the hunger wars. But, as Berg notes, it also underscores the importance of national service programs like AmeriCorps and the AmeriCorps VISTA. A vigorous volunteer corps, given proper training, can — and do — fill the skills-based gaps for these vital social service programs.

On this front, the Obama administration has given civil society actors another reason to cheer, with his expansion of AmeriCorps earlier this year. With that, the stimulus bill, and its vocal support for volunteerism, the administration has shown a keen understanding of the complementary roles national service, civic enterprise, and government action play in bolstering the public welfare. It’s reason to be thankful in a dreary time.

The Little Republic that Could

Listening to the Scorpions’ “Wind of Change” while sitting in a restaurant in Pristina, the capital of the disputed Republic of Kosovo, on the 20th anniversary of the fall of the Berlin Wall, it hit me that Kosovo is an underplayed success story of nation-building. From an oppressed corner of Milosevic’s Yugoslavia, Kosovo has turned into a vibrant society. It has its share of problems, like all the other countries in the Balkans, but it has established itself as a case study for how Western democracies can work with a Muslim-majority country.

The fruits of this engagement were seen in the local elections held in Kosovo on November 15, the first held by Kosovo since it declared independence in February 2008. With the help of the Kosovo Democratic Institute (KDI) and the National Democratic Institute (NDI), I was able to participate as an observer of the elections, up in the northern part of Kosovo. We were able to watch the elections from both sides of the Ibar River, the de facto dividing line between the Serb- and Albanian-controlled parts of Kosovo.

At the polling centers we went to in Mitrovica south of the river and in the town of Vushtrria, staffers conscious of the historic nature of the vote were more than eager to show us around. The major (Albanian) parties all had representatives at just about every station, who followed the election closely. And the aftermath of the election was like it is for most elections around the world — political negotiating behind closed doors. Like elsewhere, democracy works as far as it goes.

Still a House Divided

Anti-aircraft gun in front of the Kosovo Museum and mosque - PristinaThe key words in Kosovo, however, are “as far as it goes.” It doesn’t go up to the Serb-majority area in the north. As dusk started to gather in Mitrovica, we headed north of the Ibar into the Serb-majority areas. Polling stations were supposed to open, but the Kosovo Election Commission had left them closed in most locations out of safety concerns. Gangs of “Bridge Watchers” milled around election sites — Serbians who watched who crossed the bridges across the Ibar and pelted rocks on those with Kosovo plates. (Hence our choice of a rental Land Rover with neutral Macedonian plates.) A temporary polling center was run literally out of the trunk of a car at the “invisible border” between Serb and Albanian areas by a Brit and an Aussie – but no one showed up.

We drove up to Bistricë e Shalës, an enclave of 200 Albanians in the otherwise exclusively Serb Leposavić municipality. The last part of the drive to Bistricë was a five-mile ordeal on a dirt road over a mountain and down into a nestled valley. You could see why Serbs had failed to drive Albanians out of the location during the 1999 war — which made it all the more impressive that the Election Commission had a polling station set up, complete with party and NGO observers. But with Serbs in the north boycotting the election, all 146 votes for mayor cast in the nearly 20,000-person municipality came from that station. The most immediate issue the Mayor-elect of Leposavić faces is the fact that over 99 percent of his electorate doesn’t recognize his mandate.

The government of Kosovo has made strides towards solving this problem. A big step in the process is redistricting, creating new, Serb-majority municipalities to give the Serb minority more clout and buy-in to the process. While that has yet to make headway in parts of Kosovo that border Serbia, like Leposavić, it has worked in enclaves like Gračanica, home of a famous Orthodox monastery and over 10,000 Serbs. Despite Belgrade’s entreaties to boycott the Kosovo election, turnout in these enclaves was reputed to be around 30 percent, which compares favorably with Serb turnout for Belgrade-organized parallel elections last year. Mitrovica is scheduled to have similar, Pristina-organized elections next summer after a Serb-majority municipality is established there.

Posters for mayoral candidate, Ruzdhi Hexha. He did not win. – Prizren

But the solution to Kosovo’s relationship with Serbia is a tough one. Over the local Peja beer the night before the election, one observer familiar with both Serbia and Kosovo asked: “Why would the Serbs want it?” noting that Kosovo’s GDP per capita was less than one-third the rest of Yugoslavia’s 20 years ago. Certainly the beauty and cultural heritage of the Serb monasteries of Gračanica, Dečan, and Peć pull at Serbian heartstrings. But Belgrade’s lament that Kosovo is the heart of Serbia is met with the rejoinder that that heart beats in a foreign body. With Albanians numbering over 80 percent of Kosovo’s population a decade ago, and outnumbering Serbs in the country 10-to-1 now, Serbian claims need to be measured against the reality on the ground.

From a cynical perspective, Kosovo is an opportunity for Serbia — a small, poor Eastern European country — to get the focused attention of the U.S. and the EU. The foreign minister of Serbia, the young Vuk Jeremić, would be an unknown back-bencher if not for boosting his career by insisting on the indivisibility of Serbia and Kosovo. Both the president and prime minister of Serbia, considered strongly in favor of Serbian membership of the EU, would be tarred and feathered were they to publicly consider Kosovo anything short of an integral part of Serbia. As such, normalized relations will not come as long as this generation of politicians is in office in Belgrade.

Small Steps

A solution will have to come with the next generation. After visiting Bistricë, we went into the Serb part of Leposavić and met with an example of what that solution to the Kosovo problem will be. Savo is a Kosovo Serb who grew up in Leposavić and commutes into Mitrovica every day to go to school. A talented musician who, like most 18-year-old guys, has a fondness for Metallica and Green Day, Savo hopes to study music at the local university in Mitrovica. Over peach slivovica he and his brother home-brew, Savo explained that his parents consider themselves strictly Serbs. But, when asked, Savo conceded that he considered himself both Serbian and Kosovar. He was in fact dating an Albanian girl he met through a political awareness program NDI is sponsoring to integrate teens from both ethnic groups in Mitrovica. It’s this kind of incremental embrace of the opportunities in Kosovo — the opportunities that 30 percent of Serbs in smaller enclaves grasped when they went out to vote — that will lead to a solution that both Serbia and Kosovo can live with.

Gračanica Serbian Orthodox Monastery - GračanicaBut it’s a long road to get there. Helping both sides get down that road will be the carrot of accession to the EU. Both Serbia and Kosovo are part of the Western Balkan vacuum that exists within the European Union’s sphere. While Serbia is a full-on participant in the Stabilization and Association Process (SAA) that precedes EU accession, Kosovo has been part of the Stabilization Tracking Mechanism (which seems to be all the steps of the SAA, without the promise of EU candidacy at the end), with five of the 27 EU members, notably Greece and Spain, not recognizing its independence yet. Getting Serbia to the bargaining table with Kosovo as a prerequisite for EU accession would be a powerful motivator, much as the Greek Cypriot government in Nicosia was willing to talk to its Turkish counterpart before Cyprus’ EU accession in 2004.

For its part, Kosovo has so far been be willing to adhere to diplomatic niceties to assuage Serbia. The government in Pristina might want to consider another step of suggesting the exchange of “High Commissioners” with Belgrade. Taking a cue from the United Kingdom’s decolonization process in the 1950s and 1960s, such a move would acknowledge the special relationship between Serbia and Kosovo, allow Serbia to save face by not having to immediately accept a Kosovar ambassador, and — most importantly — give both countries a formal channel of communication to address their mutual concerns.

After dusk we went back to the Albanian part of Mitrovica to a school on the west side housing the biggest polling station in the city. As the clock ticked past seven o’clock and the polls closed, the polling station chairman asked for the door to the spartan classroom closed. I watched as polling officials, party representatives, and an observer from a local NGO gathered around the teacher’s desk. Opening the Election Commission’s booklet of directives, the chair began reading out loud the instructions.

As they went through the process the chair ordered one of the polling officials to retrieve the box of sealed disputed ballots to begin counting. A party official objected, saying that he interpreted the rules differently, and counting should proceed in a slightly different manner. After a couple of minutes of discussion, in which all had their say, the polling chair conceded the point, and ballots began to be counted. In that little corner of Kosovo, 500 miles behind the Iron Curtain that had lifted 20 years earlier, democracy slowly went to work.

Progressives Show Growing Acceptance to Nuclear

In today’s Washington Post comes a good piece on the growing role of nuclear energy in the discussion over what to do about climate change:

Nuclear power — long considered environmentally hazardous — is emerging as perhaps the world’s most unlikely weapon against climate change, with the backing of even some green activists who once campaigned against it.

[…]

To be sure, many green groups remain opposed to nuclear energy, and some, such as Greenpeace, have refused to back U.S. climate change legislation. Groups that support the bills, such as the Sierra Club, say they are doing so because the legislation would also usher in the increased use of renewable energies like wind and solar as well as billions of dollars in investment for new technologies. They do not say they think nuclear energy is the solution in and of itself.

“Our base is as opposed to nuclear as ever,” said David Hamilton, director of the Global Warming and Energy Program for the Sierra Club in Washington. “You have to recognize that nuclear is only one small part of this.”

But Steve Cochran, director of the National Climate Campaign at the Environmental Defense Fund — a group that opposed new nuclear plants in the United States as recently as 2005 — also described a new and evolving “pragmatic” approach coming from environmental camps. “I guess you could call it ‘grudging acceptance,’ ” he said.

“If we are really serious about dealing with climate change, we are going to have to be willing to look at a range of options and not just rule things off the table,” he said. “We may not like it, but that’s the way it is.”

That position, observers say, marks a significant departure. “Because of global warming, most of the big groups have become less active on their nuclear campaign, and almost all of us are taking another look at our internal policies,” said Mike Childs, head of climate change issues for Friends of the Earth in Britain. “We’ve decided not to officially endorse it, in part because we feel the nuclear lobby is already strong enough. But we are also no longer focusing our energies on opposing it.”

The change in sentiment among progressives on nuclear energy is a welcome sign. As PPI has written in the past, supporting nuclear isn’t just smart policy, it’s also smart politics.

Last week, we published a policy memo by Andrew C. Klein, a professor of nuclear engineering at Oregon State University, on “Why Progressives Should Be More Open to Nuclear Energy.” Read the whole thing here.

President Obama Reportedly Settles on Afghan Strategy

McClatchy is reporting that the Obama administration has decided on a strategy that will involve sending at least 34,000 more American troops to Afghanistan. At present, this is a single-source story coming from at least two anonymous “U.S. officials” and has yet to be confirmed by the White House.

Separately, the Washington Post has reported that an announcement will be made “within days,” possibly in a prime-time address to the nation next Tuesday, December 1.

If the initial report proves to be true (and after all the leaks thus far in this process, it may not be), it’s unfortunate that the headline focused on the raw number of boots on the ground. The Obama administration’s primary objective has been to formulate and enact a strategy, and then resource it properly.

Though there has not been news of which strategy the Obama administration will embrace, the reported 34,000 troops strongly suggests that it will adopt many of the strategic recommendations offered in Gen. McChrystal’s August counterinsurgency (COIN) plan. Strategy sessions in the White House may have refined McChrystal’s plan by focusing the COIN on 10-to-12 major population centers and Ambassador Eikenberry’s last-minute objections have clarified the administration’s exit strategy, but 34,000 more forces would endorse the meat and potatoes of McChrystal’s strategic outline.

Here at the PPI, we understand the American public’s weariness and skepticism at this announcement. After eight years of war, many wonder why more progress hasn’t been made, and how many more American lives must be sacrificed. It’s a tough choice, but if this initial report proves to be true, we stand with the president in his decision to adopt much of Gen. McChyrstal’s strategy as the best choice to offer definitive and lasting security to the country.

The general’s plan is hardly a guaranteed success, but it offers the highest possibility of permanently denying al Qaeda the safe haven only the Taliban can provide in a difficult and complex operating environment. It also shows that the U.S. is committed to being a partner with the Afghan people against the Taliban, one of the most vile groups imaginable. They are fanatical ideologues who deny women basic rights and have been bent on enforcing a draconian interpretation of sharia law.

Even though it seems counterintuitive, it is our firm belief that adopting McChrystal’s plan now is likely to stabilize Afghanistan faster and ultimately permit American forces to come home sooner than if we remained strategically rudderless. Think of it this way: if al Qaeda somehow regroups and executes another mass-casualty attack against the U.S., then we’re essentially back to square one, deciding anew how many more troops to send.

Any announcement of troop levels is likely to send shockwaves through the Democratic Congressional caucus. The President will certainly have to make the rounds on the Hill to quell any impending revolt (including a possible war-tax). However, as Will Marshall and I have reminded Democrats, it’s crucial that they support President Obama’s decision:

Whatever course he chooses, the President will need his party’s understanding and support to succeed. If Democrats fall out over Afghanistan, he won’t be able to sustain a coherent policy, and the public will likely lose confidence in the party’s ability to manage the nation’s security.

Competence in national security is part of being a full-spectrum governing party, and failure to protect the country would be a key indictment against Democrats.

For all those reasons, if this initial report proves true, we welcome the president’s steadfast resolve and reasoned decision-making on this crucial national security issue.

Accounting Reform for…Biofuels?

From yesterday’s Boston Globe comes an op-ed on the need for sound accounting guidelines when it comes to bioenergy and greenhouse gas emissions:

The problem: treaties and laws now treat all forms of bioenergy as carbon neutral and therefore completely non-polluting. In reality, how much bioenergy reduces greenhouse gases depends on the source of the plant material. The right rules will encourage the development of fast-growing grasses and trees that can greatly increase the amount of carbon absorbed by plants on marginal land and thereby reduce global warming. The wrong rules will encourage clearing of forests, which releases carbon dioxide and may even increase greenhouse gases while also threatening biodiversity.

[…]

[T]he climate bill working its way through Congress shares this error.

If the error continues globally, it gives oil firms or electric utilities that must reduce their greenhouse gas emissions a false incentive to switch to those forms of bioenergy that result from clearing forests. Several studies predict they will do so on a large scale. By contrast, the right accounting will give entrepreneurs the incentive to commercialize the great technical innovations in generating more carbon from the earth’s land and converting it efficiently into useable fuel.

The op-ed was co-written by Vinod Khosla and Tim Searchinger, both big names in biofuels, for different reasons. Khosla, cofounder of Sun Microsystems, is a big investor in bioenergy.

Searchinger, meanwhile, is known as a skeptic of biofuels. In 2008, he co-authored a study that found that, taking into account the conversion of forest and grassland into new cropland (as grain is diverted to biofuel production), biofuels actually increase greenhouse gas emissions. More recently, he co-authored a paper in the journal Science that looked into the failure of the Kyoto Protocol and U.S. climate legislation to account for emissions from biofuels.

The op-ed finds common ground in recognizing the promise of bioenergy, even as it calls for a more informed approach to its role in the global energy picture. All too often, the prefix “bio” lulls people into a false sense of enviro-comfort. But as Khosla and Searchinger suggest, if the biofuel you’re putting into your car came from crops planted on — or that eventually led to — a cleared forest, then chances are you’re not helping the climate much at all.

It may seem an obscure area of cap-and-trade, but the op-ed actually underscores the importance of rigorous research and strict accounting in developing a climate bill. Khosla and Searchinger urge policy makers working on cap-and-trade to distinguish bioenergy by its source and production process. The last thing we need is a climate bill that ends up wiping out swathes of forestland, all because of that misleading prefix.

(h/t to NRDC’s Switchboard blog)

The ACORN Derangement Syndrome Goes Viral

When you’ve been away from blogging, and from regular access to political news, for more or less a month, as I have, there’s a lot of stuff to catch up on. But I have to say, the thing I missed that amazes me the most, while confirming some of my own uncharitable fears about conservatives, was last week’s PPP poll showing that a majority of self-identified Republicans think the struggling and marginal grassroots organization ACORN stole the 2008 election for Barack Obama.

Matt Compton, Adam Serwer and Eric Kleefield all offered some thoughts on this poll, and Jason Zengerle compared it to the Democratic belief that Bush stole the 2000 elections. (Ed. note: I wrote about the poll here.) But I somehow don’t think most progressives are fully grasping the centrality of ACORN to the conservative world-view these days.

I’ve written about this several times over the last thirteen months, but bear with me: ACORN has assumed an all-purpose demonic role for Republicans. They were, in the lurid view of Fox News enthusiasts (embraced on at least one occasion by the McCain-Palin ticket) the cause of the mortgage crisis and the financial meltdown, thanks to the alleged help they provided to shiftless people to obtain mortgages they couldn’t or wouldn’t pay. They then demanded bailouts for their clients. And because a whole lotta socialism was necessary to keep them afloat, they stole the election for their close ally Barack Obama. Coincidentally, of course, and irrelevant to the narrative of ACORN running the country, was the fact that the group is one of the most visibly minority-oriented organizations in national public life.

The fact that there is virtually no empirical evidence for any of these contentions about ACORN (particularly the election-stealing stuff, which is an absolute hallucination by any standard) hasn’t much mattered; the group was far, far too convenient a scapegoat for everything that displeased conservatives since September of 2008.

But in talking about this so many times, it never really occurred to me that a majority of Republicans bought into the ACORN Derangement Syndrome, with only a quarter of them rejecting the idea that this group stole the 2008 elections. Analogizing this to the Democratic reaction to Florida 2008 is ludicrous; Gore did win the popular vote, Florida was incredibly disputed, and the Supreme Court did shut down the recount to get Bush across the finish line. There is not a shred of evidence that Obama didn’t legitimately and decisively win the election, and no significant Republican spokesman doubted it at the time. It took a full year of conservative shrieking about ACORN to instill this crazy theory into the consciousness of rank-and-file Republicans, nicely validating their hatred of Obama and their bizarre claims that he’s some sort of totalitarian revolutionary determined to destroy the Constitution.

It’s a case history in viral demagoguery of the most toxic sort, and reputable Republicans should be even more upset about it than I am.

This item is cross-posted at The Democratic Strategist.

The Proper Context for Afghanistan

Over at Democracy Arsenal, Michael Cohen — with whom I spent an interesting, accidental 48 hours in Dubai trying to get to Afghanistan as election monitors — attempts to place American foreign policy in context:

Sometimes it’s worth putting American foreign policy — and the military decisions we have made and continue to make since 9/11 — in a proper and sobering context.

Eight years and two months since America was attacked on September 11th, and 3,000 Americans were killed, the United States has approximately 168,000 soldiers stationed in two Muslim counties. In neither of these countries is there any al Qaeda presence — and there has not been any such presence since 2002. Indeed, since the fall of 2001, al Qaeda has not launched a single major attack on U.S. targets or the U.S. mainland.

Yet, instead of having a national debate on how we got ourselves into such a bizarre and pointless predicament — and squandered so many lives and so many billions of dollars in the process — the current debate in Washington is focused on how many more troops we will send into harm’s way to pursue an enemy that is down to about 200 core operatives.

Do you ever get the queasy feeling sometimes that somewhere in a cave in Pakistan, Osama bin Laden is having a bit of a chuckle about this?

But Michael’s “proper…context” leaves out too much. And the irony is that I have to engage Michael on the topic he wants to debate – “how we got ourselves into such a bizarre and pointless predicament” – in order to explain why he’s missing the point.

Michael seems preoccupied with wanting to debate the past, but it’s the past – the Bush administration’s extraordinary mismanagement and poor decision-making – that compels the Obama White House to revisit discussion of strategy and resources in the first place.

Michael and I had a heated discussion about all this in a cab in Dubai, and here’s the point we’ve differed on: Al Qaeda has not attacked the U.S. since 2001 due to a variety of factors, but al Qaeda’s current weakness is, I contend, temporary, and if the Obama administration fails to choose the most effective strategy (and match it with the sufficient military and civilian resources), the group could rejuvenate itself in the Afghan hinterland.

So, when the time comes and we feel confident that the large-scale terrorist threat to the U.S. is definitively a thing of the past, then we can have the debate Michael wants. In the meantime, a debate over troops and strategy in Afghanistan seems exactly the kind of discussion we should be having.

Progressives and the Filibuster-Round 2

One of the functions of The Progressive Fix is to not only to provide an online outlet for “pragmatic progressives” but also to demonstrate that their antipathy to ideological litmus tests extends to their own ranks.

In that spirit, I will take issue with a post published here on Friday by Scott Winship, who is an esteemed friend and colleague, and my predecessor as managing editor over at The Democratic Strategist. Scott offered a defense of the Senate filibuster on traditional, anti-tyranny-of-the-majority grounds, and then suggested that the real problem in the Senate is partisan polarization, with the solution being reforms in primary laws to reduce the power of the “ideological extremes.”

To be clear, my disagreement with Scott on this issue is only partial. I am not hell-bent on eliminating the filibuster as a possibility under the Senate rules (though not opposed to that step in principle, either). But what I object to categorically is the routinization of filibuster threats in recent years, to the point where the Senate has come perilously close to creating an entirely new, non-constitutionally-sanctioned 60-vote requirement for the enactment of all significant legislation (other than provisions taken up under specified exceptions to the usual rules, like the Congressional Budget Act).

Since the Senate already has a built-in red-state bias, a supermajority requirement would basically represent a death sentence for progressive initiatives in the near future.  Yes, I know some Democrats (though not me) celebrated the filibuster when the shoe was on the other foot a few years back, but on the other hand, nobody was excoriating Republicans for demanding that their own senators vote for cloture, were they?

All Filibuster, All the Time

And that’s the crux of the matter today — not the possibility of filibusters, but the elimination of any disincentive to engage in a filibuster on every single piece of legislation. Some senators are acting as though the right to vote one’s conscience or interests on a bill is identical to the right to obstruct it by denying it a floor vote, meaning that the normal practice of party discipline on procedural matters somehow does not extend to the most important procedural matter: votes to end a filibuster — i.e., cloture votes. So even if Democrats have (as they do right now) an improbable and (probably) unsustainable 60 Senate votes, that’s not enough unless they also have 60 votes for a specific bill. That particular shoe has not been on the other foot in living memory, but even if it had been, I certainly think Republicans should have been free to sanction their members for combining with the opposition to bring the Senate, and the country, to a standstill.

If Joe Lieberman or Ben Nelson considers it a matter of deep principle to vote against cloture to block final passage of health care reform (probably for the next decade or so, given the precedents on this topic), that’s well and good, but they should have to pay a price — such as losing a rung on the seniority ladder.

Scott, as noted above, argues that the current situation in the Senate is the product of “polarization,” which he seems to blame equally on both parties, and offers the remedy of electoral reforms to reduce that polarization. By this I assume he means some form of open primary. Scott is a very smart man who knows, I am sure, that “polarization” hasn’t simply been produced by closed primaries. Much of it has resulted from a gradual process of ideological sorting-out between the two major parties that is entirely healthy and natural, as compared to the longstanding dependence on ethnic, religious, and regional factors for party identification that may have made “bipartisanship” technically easier but didn’t really offer most voters (e.g., southerners choosing between Democratic and Republican conservatives and northeasterners choosing between Democratic and Republican liberals) more choice than they have today. If you look at the Senate right now, it’s hard to identify more than a few senators whose behavior would change if they were exposed, say, to primary voting by registered independents (many hard-core southern conservative Republicans are from states with no party registration at all).

Dealing with the Party of No

More to the point, the unity of Senate Republicans right now flows less from the fear of primary opponents from the hard right than it does from a corporate decision by the GOP as an institution that it must destroy the Obama administration by any means necessary. A contributing factor to this decision is the strange but overwhelmingly maintained belief of Republicans that the only way to distance themselves from the hyper-partisan Bush administration’s disastrous record is by claiming it was too liberal! When it comes to big-ticket issues like health care reform and climate change, Republicans have clearly shifted to the right during the last few years, even as Democrats have consistently sought middle ground (e.g., market-based carbon cap-and-trade and a “premium support” approach to universal health care).

So in my opinion, the immediate solution to the polarization of the Senate isn’t an impossible effort to reach accommodation with more than a very few Republicans, or letting a few “centrists” write every bill. Instead, there ought to be a reasonable insistence that Democrats reject the supermajority requirement and support the party on cloture votes as a matter of course. We can then maintain our big-tent party by letting heterodox Democrats stray on final passage of key legislation as they wish. And we can also invite Republicans to go to the country with a stirring, populist campaign slogan of “throw the cloturers out.”

RIP Compassionate Conservatism

The Republican message on extending health care coverage can be summed up in two words: “Bah, humbug.”

In taking a purely obstructionist stance, the GOP has evinced scant empathy for tens of millions of fellow Americans who lack basic protection against illness or injury. So much for compassionate conservatism.

On Saturday, not a single Republican voted to allow the Senate to even consider a bill to expand coverage and reform health insurance markets. When the House passed its version of health reform, just one Republican voted aye. He is Rep. Joseph Cao, a freshman from normally Democratic New Orleans.

Republicans, of course, are under no moral or political compunction to support Democratic proposals for health reform. But since they haven’t offered any credible alternatives of their own, it’s reasonable to conclude that they don’t care all that much about fixing America’s broken health care system.

Sure, House Republicans proffered their version of “reform” earlier this month. It would spend just $61 billion over 10 years and leave the percentage of uninsured Americans in 10 years exactly where it is today – at 83 percent. Thanks to population growth, there would actually be more uninsured people than today.

In opposing serious efforts to expand coverage, Republicans say they are trying to protect Americans against runaway deficits, not to mention death panels, publicly financed abortions and other confected horrors. They rail against President Obama and the Democrats for proposing to pile a costly new health care entitlement atop others we don’t know how we’ll pay for.

That’s actually a valid concern, one that progressives should take more seriously. But the GOP’s newfound fiscal piety would be more convincing if President Bush and party leaders had not muscled through Congress a massive new Medicare drug entitlement just six years ago.

Showing their customary solicitude for America’s haves – Medicare offers all seniors the basic health coverage the uninsured lack – Republicans insisted on creating a universal entitlement, rather than targeting help for truly needy seniors. At first projected to cost $534 billion over 10 years, revised estimates in 2005 put the bill’s price tag at $1.2 trillion. That’s several hundred billion dollars more than the bill passed this weekend by Senate Democrats. David Walker, former U.S. comptroller general, called the 2003 prescription drug bill “probably the most fiscally irresponsible piece of legislation since the 1960s.”

In contrast, the Senate Democrats’ bill is paid for. In fact, the Congressional Budget Office estimates that it would cut the federal deficit by $130 billion in the first decade and by more than $500 billion in the second decade.

But there’s a hitch, and it’s a big one. Cutting future deficits refers only to the public costs of expanding medical coverage and reforming U.S. health care markets. That’s not at all the same thing as “bending the curve” of health care cost growth. Slowing the unsustainable pace at which medical costs in America are growing requires confronting the perverse incentives and inefficiencies that plague health care delivery. It also means rebalancing the big entitlement programs, as retiring baby boomers swell the number of people receiving Medicare benefits.

This is the big piece of unfinished business facing both health care reformers and President Obama. The Senate bill expands coverage and cuts the federal deficit. According to some leading budget analysts, however, it doesn’t do enough to slow down the rising health costs that plague the vast majority of U.S. workers and that handicap many U.S. firms in global competition.

They deserve some compassion, too.

The Progressive Challenge in Afghanistan

Lorelei Kelly at the New Strategic Security Initiative issues a thoughtful challenge to progressives over at the Huffington Post:

If progressives really want to help forward the policy discussion, they should develop a set of alternatives premised on enduring commitment and solidarity with the Afghan people (local grants through the National Solidarity Program is a good example), and not pose them as a tradeoff for troop levels. Heck, even the commanding general in Afghanistan says this conflict has no military solution. Take that and run with it. But doing so means exercising forbearance when talking about the military presence. Uniforms are going to be part of the picture for a while. What the alliance is actually doing on the ground will determine the outcome. Tactics are already changing. But prioritizing civilians will mean that soldiers bear more of the risk.

We need to come to terms with that.

Any success must also include a significant shift in resources and coordination to make sure Afghans actually receive support to own their future. This kind of partnered consultation can start despite Karzai in office. The Afghan people know who isn’t corrupt. We need to go national and local at the same time because promising upstarts exist at both levels. The goal is a process — and so will be tough to measure, which is why a commitment is important. All sorts of policies here at home provide illustrations. From building the national highway system to public education, broadly distributed achievement through time take time. The laser-focused message the Afghan people need to hear is “we’re on this path with you.” We need to commit.

[…]

The president will put forward his decision soon. It will involve a troop increase. If progressives stay in full opposition mode, they will exist on the margin of the debate right when we need them setting the agenda. Exit to the sidelines will also undercut future efforts to advocate a new strategy for U.S. security. We are moving from a time when we could contain threats to one where we must minimize them. This can only happen through sustained engagement.

The progressive community would do well to consider Lorelei’s words before blindly opposing a troop increase. Even Code Pink has recognized the need for engagement and moderated its position. After all, America’s military is in Afghanistan to protect the Afghan population and promote peace. Those are progressive values.

How Litigators Tried to Sneak a Pet Earmark into Health Reform

As the full Senate debate over health care reform legislation finally gets under way following Saturday’s vote, Democratic leaders in Congress should continue fending off special-interest amendments that could be added to what promises to be an enormous piece of legislation. One such provision almost made it into a House committee’s bill earlier this year: a “litigation earmark,” as some in the business community termed it, that had nothing to do with improving America’s health care or cutting health costs but would have opened the door to speculative, mass litigations against American businesses. Alert legislators yanked the amendment, but it could very well sneak into the final bill if progressives are not vigilant.

Health care reform has proven to be challenging to enact and could well stall if this kind of legislative chicanery rules the day. Pharmaceutical companies, personal physicians, and other groups have understood the need for compromise and have offered up important cost savings to help achieve reform. To further cut costs, the president asked his administration and Congress to explore medical liability reform, which the Congressional Budget Office recently estimated could save $54 billion over 10 years. Liability reform is also popular among some Democrats and Republicans needed for the bill’s passage. But expanding liability by creating independent standing for high-dollar, industry-wide lawsuits, as the “litigation earmark” would have done, takes the bill in the exact opposition direction: it would drive up costs – both in the health care industry and throughout the American business community.

The offending act came in July when the House Ways and Means Committee unveiled an 800-page amendment to its health care bill that included a 10-page provision to completely alter the purpose and scope of the Medicare Secondary Payer Act (MSP). The MSP Act is an existing law that is solely intended to punish people who owe Medicare money but have yet to pay their debts. Under the amendment proposed in July, however, the MSP Act would have been transformed to give any freelance lawyer independent standing to file a lawsuit by merely alleging that a company’s product or conduct wrongfully contributed to a condition for which a Medicare beneficiary sought treatment. Moreover, the lawyer would be allowed to aggregate all such claims. The end result would be a mass action for all monies Medicare has spent or will spend on the health care of beneficiaries involving that product or conduct.

A Potential Windfall

The big money potential in these speculative mass Medicare recoupment actions is undeniable. The first targets would likely be product manufacturers, namely makers of cigarettes, guns, alcoholic beverages, sodas, and snack foods, for the health effects of their products, as these industries have been the object of other speculative, industry-wide theories of liability in recent years. Pharmaceutical companies and medical device manufacturers would also be in the cross hairs, as they too have been targeted using similar theories under existing laws.

The reforms could have adverse consequences on America’s health care options. Prescription drugs and medical devices, while providing valuable benefits to consumers, can fail or cause unavoidable side effects for some people, necessitating additional care. If the proposed changes were made, a freelance lawyer could file an expensive mass MSP action focusing on the costs of such treatments without any regard for the practical impact the suit would have. The litigation could raise product costs and limit the availability of medicines and devices for those that benefit from them.

Medicare would be powerless to stop such MSP lawsuits. Because the MSP lawyers would have independent standing, Medicare would have no oversight authority to assure that new MSP suits would be in the nation’s health-care — let alone Medicare’s — interest. The same goes for the allegedly injured beneficiaries. They would not be involved at all, so it would not matter if the beneficiaries believed that the product or conduct did not cause them any harm. The proposed amendments also raise privacy concerns because they require Medicare to turn over patients’ private health records to help the lawyers advance their claims.

Fortunately, a bipartisan group of legislators pulled the amendment from the House Ways & Means Committee’s health reform bill. As a Democrat, I rarely give kudos on civil liability issues to my party’s leadership, but they deserve it for recognizing that such a broad expansion of industry liability has nothing to do with improving health care.

What the Earmark Would Have Done

The idea of using the little-known MSP Act for mass Medicare recoupment suits appears to have been born in the tobacco litigation wars. MSP claims for the costs of treating smoking-related ailments were tried a few years ago as add-ons to existing suits. As Chief Judge Gladys Kessler of the D.C. Circuit wrote, those lawsuits failed because “Congress did not intend the MSP to be used as an across-the-board procedural vehicle for suing” companies.

Rather, the scope and purpose of the MSP Act has always been debt collection, and it should remain so. The law is properly limited to punishing those who do not pay existing debts to Medicare. Once there is a pre-determination that someone owes and has not paid a debt to Medicare, the MSP Act authorizes a private cause of action against the debtor for twice the original debt. If the suit is successful, the claimant gives Medicare the amount of the original debt and keeps the other half as a collector’s fee.

The Ways & Means language, through five core changes, attempted to shift the focus of the MSP Act from debt collection to speculative mass Medicare recoupment actions. The bill:

(1) eliminated the requirement of a pre-existing determination that the defendant owes money to Medicare. This change allowed an MSP action against anyone that might be responsible for costs associated with treatment of a Medicare beneficiary;

(2) authorized actions based on all items and services furnished to all Medicare beneficiaries related to a product or service;

(3) gave standing to anyone, even if not injured, to bring this newly created class-type action. The bill, however, did not provide any class action safeguards to keep the lawsuits in check;

(4) allowed the MSP lawyer to prove causation through generalized evidence, including statistical and epidemiological studies. As a result, the lawyer may never have to show that the defendant caused any beneficiaries’ actual injuries; and

(5) increased liability to include funds Medicare already spent on a beneficiary’s injuries, as well as funds that might be spent in the future and a bounty equal to 30 percent of the recovery.

The Need for Progressive Vigilance

A new effort to change the MSP Act is likely to arise again. Prior to this past July, similar reforms were floated in the Senate Finance Committee in 2007. Both provisions were mislabeled, as one was called a “clarifying” amendment and the other an “enforcement” provision. They also were drafted to look like whistleblower actions.

Progressives should continue to oppose such attempts. Allowing random people to speculatively sue companies for Medicare expenditures violates core tenets of American jurisprudence. The suits do not allege product defect, do not hold a company liable for causing individual harm, and try to get rid of true cause-and-effect liability. Also, by eliminating the requirement of a pre-existing determination of debt to Medicare and lowering the standards for causation, the reforms could lead companies absolved of wrongfully causing anyone’s actual injuries to be held liable nonetheless to the MSP lawyers.

When President Obama addressed the nation to rally Americans behind health care reform, he challenged those in the health care system to put America’s needs above their self-interests. Putting the client’s interest above others can be a virtue for lobbyists and lawyers, but cynically attempting to use reform legislation to push through a litigation provision having nothing to do with health care is an unwelcome move. Today’s debate is about improving our health care system and reducing costs. Progressives in Congress should remain vigilant and continue to put America’s health care first.

Dispatches from the Republican Self-Immolation, Vol. 2

Another week, another dozen reminders of the insanity that has engulfed the Republican Party.

First is this absolutely astounding poll from Public Policy Polling:

PPP’s newest national survey finds that a 52% majority of GOP voters nationally think that ACORN stole the Presidential election for Barack Obama last year, with only 27% granting that he won it legitimately.

Wow. The mind reels.

Then there was this gem from House Minority Leader John Boehner (R-OH) from yesterday, responding to the release of the Senate health reform bill: “What is even more alarming is that a monthly abortion premium will be charged of all enrollees in the government-run health plan.” That’s right – Boehner’s claiming that everyone in the public plan will be charged a monthly fee for abortions.

If that’s sounds a little fishy, that’s because it is. There is no such fee. In fact, the Senate bill requires insurance plans that offer abortion coverage to segregate their funds so tax money isn’t used to fund that coverage. The bill also states that every state’s health exchange must also offer one plan that doesn’t cover abortion. No consumer would be forced to fund abortions with their premiums. Not that the facts stop congressional Republicans these days.

And finally there was the bow heard round the world. Earlier this week, all conservatives could talk about was President Obama’s shocking bow to the Japanese emperor. Sean Linnane at Frum Forum, applying his expertise on bowing protocol, concluded that Obama “went WAY too low; it is only one step above a kow tow.” He added, “Compare Obama’s bow with how he conducted himself in the company of the Queen of England, and then contrast this with the way he leaned forward to bow and scrape before the King of Saudi Arabia; this certainly leaves a lot of room to wonder about which direction this man’s sentiments lie.”

That’s what conservatives have been reduced to: close textual readings of trivial moments. (And remember – this is from a conservative blog that’s supposed to be more moderate.) As if the right needed reminding of how out of step they are, a Fox News poll found that 67 percent of Americans approved of Obama’s bow — not that we needed a poll to underscore how inane the conservative obsession with the Obama bow is.

These reminders of the freak show on the right should remind progressives of what’s at stake. To put it simply: we are the only grown-ups in the room. We may be a fractious coalition, but the prospect of the other side coming back to power should be impetus enough to get us all to pull in the same direction.

Lieberman and Ft. Hood, Cont’d

Yesterday, I railed on Joe Lieberman for convening a witch hunt over the Ft. Hood shootings. One man’s witch hunt is another’s “responsible statesmanship,” per Jamie Kirchick over at TNR’s The Plank. He makes two points:

Given the gravity of this incident and the potential for future such attacks, it makes eminent sense that such a hearing would occur, in order to find out how such clear and visible signals of impending danger were ignored by the Army hierarchy….It’s not “Going Rogue.” It’s responsible statesmanship.

The point Jamie misses is that though the Army’s performance evaluations clearly indicated that Nidal Hasan was a very poor psychiatrist (so poor that, as NPR’s Daniel Zwerdling’s excellent reporting indicates, Hasan’s boss had at least one discussion about the possibility of discharging him) with significant other problems, Lieberman’s witch hunt will be unable to find “clear and visible signs of impending danger.”

Why? Based on the evidence, the red flags just weren’t there. Only in hindsight could you connect Hasan’s questionable, disturbed past with a propensity for extreme violence. I worked at the Navy’s internal criminal investigation agency (NCIS), which examines threats to crimes against the Navy and Marine Corps. If I had to make a decision on resource allocation to the Hasan case one month ago based on what we know, I would have recommended no additional surveillance and that his file be reviewed perhaps six months down the road.

The Pentagon’s internal reviews are better equipped than Lieberman’s hearings to comb through the Army bureaucracy and propose mechanisms to address sub-standard performers with probable mental fragility. That said, even that investigative process can hardly be a guarantee of preventing another Ft. Hood.

The Washington Independent reports that Lieberman has determined that Ft. Hood was a “terrorist” attack, and that he has called Hasan a “lone wolf.” That’s subtle code for the controversial provision in the USA Patriot Act that allows the FBI to eavesdrop on individual “terrorists” who plot without outside assistance. The provision was removed in a recent House mark up in part because the Justice Department had a hard time making the case it was actually necessary. The constant invocation of Hasan as a “lone wolf” – which the Independent’s Daphne Eviatar argues actually doesn’t fit Hasan – could well serve as a pretext for re-authorizing the provision, and suggest some clues into Lieberman’s motives.

But that’s all speculative. At the very least, Lieberman should allow the military and FBI investigations to be completed before jumping in with his own highly public process. Leaping in front of the cameras to assign blame for Ft. Hood before the formal probes have concluded seems like something a politician, not a statesman, would do.