Coast to Coast

For those of us in the politics biz, Tuesday night was a long night, with returns trickling out over a eight-hour period. Despite the best efforts of headline writers to impose some order on the 10 primaries, one runoff and one special-election runoff, there was no overriding pattern or big theme to these elections: just a lot of individual contests whose importance we mostly won’t even know until November. I won’t try to cover everything that happened; you can consult news sources for detailed results. But there were some pretty interesting happenings.

The biggest surprise for the chattering classes (and I’ll plead innocence on this one, since I consistently labeled it as too close to call) was the survival of Democratic Sen. Blanche Lincoln of Arkansas, whose dominant performance in Pulaski County (Little Rock), her opponent’s home base, was crucial. The heavy commitment of resources by the labor movement on behalf of Bill Halter will be second-guessed for quite some time. And once again, it’s been established that you don’t mess with Bill Clinton in his old stomping grounds.

Probably the second biggest story of the night was Nikki Haley, who came within an eyelash of winning the South Carolina Republican gubernatorial nomination without a runoff. Rep. Gresham Barrett finished a distant second, and is already getting pressure to drop out save the GOP the trouble of a runoff. It’s clear in retrospect that the maelstrom of the last two weeks, in which Haley was hit with two separate poorly documented allegations of marital infidelity, gave her a significant sympathy vote and all but extinguished the ability of her opponents to get any kind of message out. Meanwhile, state rep. Vincent Sheheen scored an impressive majority win in the Democratic gubernatorial primary, and can now spend his time raising money and watching future developments, if any, in the Haley saga.

The third biggest story of the night was in Nevada, where the easy victory of Tea Party favorite Sharron Angle in the Republican Senate primary gave Harry Reid the matchup he wanted for November. Angle benefitted from the implosion of longtime front-runner Sue Lowden, and from national conservative support. Third-place finisher Danny Tarkanian faded in the clutch even more than Lowden.

Speaking of the Tea Folk, their movement had a very mixed evening. Establishment Republican candidates turned back Tea Party-affiliated challengers in Virginia and New Jersey. But in South Carolina, Rep. Bob Inglis, who made the mistake of voting for TARP, was knocked into a runoff by local DA Trey Gowdy, and will be the heavy underdog going forward.

One result with significant 2012 implications was in Iowa, where as expected, former Gov. Terry Branstad beat conservative firebrand Bob Vander Plaats for the Republican gubernatorial nomination. But given his many advantages in the race, Branstad’s nine-point margin of victory was underwhelming, and should warn potential presidential candidates that the social conservative forces represented by Vander Plaats could be more formidable than ever in the 2012 caucuses. Certainly Sarah Palin, whose late endorsement of Branstad enraged some of her Iowa fans, will need to do some repair work if she’s interested in entering the contest that will begin in Iowa.

And finally, in a result that got virtually no national attention but that could prove important down the road, California voters approved Proposition 14, which abolishes party primaries in favor of a “jungle primary” in which the top two finishers, regardless of political affiliation, meet in a runoff if no candidate wins 50 percent.

This item is cross-posted at The Democratic Strategist.

A Progressive Lesson from Reagan (Seriously)

Peter Beinart has a must-read in the latest Foreign Policy on the mythology of Ronald Reagan — and the conservative movement that keeps perpetuating it.

As someone whose first job in D.C. was interning at a lobby firm that had — no kidding — a framed portrait of St. Ron in every office, I relish lines that tether President Reagan back to his terrestrial home, such as:

During his presidency, Reagan repeatedly invoked the prospect of an alien invasion as a reason for the United States and the Soviet Union to overcome their differences. Whenever he did, [National Security Adviser Colin] Powell would mutter, “Here come the little green men.”

That’s some delicious red meat right there.

But if we focus there — and Reagan haters are apt to do just that — we miss the real lesson. Beinart might douse ice water on the conservative narrative of Reagan, but he makes a strong case for the lesson that Obama can and should learn from The Great Communicator:

Reagan’s political genius lay in recognizing that what Americans wanted was a president who exorcised the ghost of the Vietnam War without fighting another Vietnam.

Americans loved Reagan’s foreign policy for the same reason they loved the 1985 blockbuster Rambo, in which the muscle-bound hero returns to Vietnam, kicks some communist butt, and no Americans die. Reagan’s liberal critics often accused him of reviving the chest-thumping spirit that had led to Vietnam. But they were wrong. For Reagan, chest-thumping was in large measure a substitute for a new Vietnam, a way of accommodating the restraints on U.S. power while still boosting American morale.

[…]

Obama can, and should, be Reaganesque in his effort to project great strength at low risk. That means understanding that America’s foreign-policy debates are often cultural debates in disguise.

Reagan was a master of symbolic acts — like awarding the Medal of Honor to overlooked Vietnam hero Roy Benavidez — that made Americans feel as though they were exorcising Vietnam’s ghost without refighting the war. Obama must be equally shrewd at a time when he has no choice but to retreat from Iraq and eventually Afghanistan. That means more than ritual incantations about flag and country; it means rhetorically challenging those who unfairly attack the United States. From a purely foreign-policy perspective, publicly confronting Iran’s Mahmoud Ahmadinejad or Venezuela’s Hugo Chávez when they malign the United States, or calling out universities that ban military recruiters from campus, might seem useless. But for U.S. presidents, there is no pure foreign-policy perspective; being effective in the world requires domestic support. [emphases added]

If Democrats are going to close the ever-elusive national security gap and strongly defend what I’ve called a sterling record on national security, they’re going to have to swallow some pride and steal one from the Gipper.

Photo credit: Fresh Conservative’s Photostream

Lincoln, Reid, GOP Women Top List of Primary Winners

It’s hard to tease a coherent story line from yesterday’s primaries in 12 states, so some random observations will have to do:

  • Labor unions sure know how to waste their members’ money. A group of unions poured $10 million into the Arkansas U.S. Senate primary to defeat the Democratic incumbent, Blanche Lincoln. Lincoln, aided by native son Bill Clinton, staved off a challenge from Lt. Gov. Bill Halter. The bruising primary battle, however, has left her running far behind her GOP opponent, Rep. John Boozman. What was labor thinking?
  • It was a big night for Republican women, including one who wasn’t on any ballot. Meg Whitman, Carly Fiorina, Nikki Haley and Sharron Angle not only won, but generally ran to the right of their opponents. Fiorina and Haley got timely assists from the endorsement of “Mama Grizzly” Sarah Palin.
  • Any child can grow up and be elected governor of California -– as long as they amass a fortune on the way. Whitman, one of eBay’s founders, spent a staggering $71 million of her own money in rolling over another Silicon Valley millionaire, Steve Poizner, who could only scrape together $24 million. Whitman will now face Jerry Brown, whose decision to devote his life to public service rather than making money has left him a relative pauper.
  • Maybe South Carolina isn’t as backward as everyone thinks. After a GOP state legislator called President Obama and Nikki Haley “ragheads,” Jon Stewart joked that South Carolinians can’t even get their racial slurs right. But in picking Haley to be their nominee for governor, Palmetto State Republicans opted not only for a woman but also the child of Sikh immigrants. First Bobby Jindal, now Haley: Are South Asians becoming the GOP’s preferred ethnic minority and answer to complaints that they lack diversity?
  • The dice came up for Sen. Harry Reid. He got his wish when Tea Party acolyte Sharron Angle beat two more moderate contenders for the Republican Senate nomination. The Reid camp figures Nevada voters, however tired they may be of him, aren’t ready for an alternative that makes Barry Goldwater look like a mushy moderate. Angle wants to shut down the federal departments of energy and education, and open Yucca Mountain to nuclear waste. And Reid’s son Rory won the Democratic nomination for governor.
  • Blogs may not be a stepping stone to higher office. L.A. gadfly Mickey Kaus won a paltry 5.3 percent of the vote in his primary challenge to Sen. Barbara Boxer. However, since Kaus only spent $40,000, his dollar-per-vote efficiency may be higher than Whitman’s. And he wins a consolation prize for running the most entertaining campaign of the season.

Photo credit: PittCaleb’s Photostream

Iran Sends Its Own Gaza-Bound Flotilla

Over the weekend, Iran’s foreign ministry decided it would be a peach of an idea to send an Iranian Red Crescent flotilla to Gaza. If the flotilla reaches the shores off Gaza — and check out a Middle East map and you’ll see that Tehran is going to need some “local help” so it doesn’t have to head around the Horn of Africa — it could create an international firestorm that makes the fallout from the first flotilla look like a three-year-old’s birthday party.

To the casual observer, the Iranian Red Crescent may seem like a harmless international charity intent on do-gooding. It is part of the International Red Cross and Red Crescent Movement, the world’s largest humanitarian network.

But lest anyone think the Iranian Red Crescent is an independent charity that has made a humanitarian decision to send the flotilla to Gaza out of the goodness of its heart, click here. That’s the Google translation of the announcement of Abolhassan Faghih’s appointment as the Iranian Red Crescent’s president by Iranian President Mahmoud Ahmadinejad. What’s more, the decision to send the flotilla was likely made within the halls of the Iranian foreign ministry in Tehran. Does that sound independent? Indeed, it’s almost certain that Ahmadinejad is using this flotilla as a direct extension of Iranian foreign policy.

And if the situation isn’t handled with extraordinary deftness, it could just spark a war.

Imagine the scenario: An Iranian-backed flotilla attempts to capitalize on the public relations “success” of last week’s tragedy. Israel, having dug its heels in on the naval blockade while sending mixed messages on the humanitarian issue, calculates that the last thing in the world it needs is to hand Iran a propaganda victory. After all, the Israel Defense Force just took out a handful of alleged terrorist divers off Gaza, which is a fair indication that the beating they’ve taken in the international press after last week isn’t going to make them back down.

In the face of impending physical confrontation, Tehran, as we’ve seen far too often over the last year, has little concern for the lives of its own citizens and encourages the flotilla onward. Israel fires. Tehran responds. The situation escalates … you can imagine the ugly fallout.

For the mullahs in Tehran, the situation is a win-win no-brainer. Either breaking the Israeli blockade or having its citizens die at Tel Aviv’s hands would be a massive propaganda victory that could potentially rally disaffected Iranians around the president. And if the situation becomes violent and Iran looks like a victim, it could decrease pressure within the UN Security Council for nuclear sanctions.

If we look purely at the strategic implications of the Red Crescent flotilla, the only way to diffuse the situation is to make aid in Gaza a non-issue. That’s why in light of the obvious humanitarian crisis afflicting Gaza’s citizens, Israel needs to facilitate a massive injection of aid into the strip.

And it better do it quickly. After all, were Iran to somehow fail, someone else would just send another flotilla soon.

Photo credit: Indigoprime’s Photostream

Stop the Spill, Pass the Bill

As diligently as cloistered monks, the commentariat is working hard to calibrate the exact amount of political damage the Deepwater Horizon oil spill is doing to the Obama presidency. Woeful analogies come fast and furious: the spill is Obama’s Katrina, or Obama’s hostage crisis, his Jimmy Carter moment.

All this would be comical if not for the media’s undoubted power to warp public perceptions by converting complex realities into political melodramas. What’s false about this one is its premise: President Obama could find a way to stop the leak if only he would “take charge” of the crisis.

Meanwhile, in the real world, the public doesn’t share the media’s apparently bottomless faith in the federal government’s problem-solving capacities. According to a recent Wall Street Journal/NBC News survey, only 25 percent of Americans trust the government to do the right thing most of the time. Nearly a third say they “almost never” trust the government to do the right thing.

But what’s really odd, as Jonathan Chait notes today, is the “assumption of presidential omnipotence” that informs the media’s assessment of Obama’s handling of the spill.

Today presidents are expected to take ultimate responsibility for every problem, natural or man-made, and to voice the nation’s emotional solidarity with victims of every disaster. In this vein, James Carville recently blasted Obama for failing to show up and emote in Louisiana as the oil spill threatens its shores.

Obama, always the calmest head in the room, has pointed out that since government doesn’t drill oil wells, it’s not likely to have superior experience and technical expertise when it comes to plugging oil leaks. What the administration can do is what it is doing: keeping pressure on BP to improvise a solution. Facing mounting clean-up costs and plummeting stock prices, the company has every incentive to do so.

The president’s proper role is not to play superhero or therapist-in-chief, but to draw from the crisis the right lessons for national policy. He did so yesterday, underscoring the need to pass energy/climate legislation that’s bogged down in the Senate. The bill, he said, would “accelerate the transition” to a clean energy economy. Crucially, it would for the first time put a price on carbon emissions, which would provide markets with a powerful signal to invest in alternative fuels.

If the spill galvanizes Obama into going all-in for a clean energy bill, as he did for health care, it could yet be turned to the nation’s advantage. But if the disaster leads progressives to vote against the bill, because it also contains incentives for more U.S. oil and gas exploration, the result will be a cruel irony: Congress’ failure to act on clean energy would leave America as addicted to oil as ever.

Photo credit: Deepwater Horizon Response’s Photostream

Progressives: Own the National Security Debate! Please!

If you read the conclusion of today’s Democracy Corps/Third Way poll analysis, one thing becomes abundantly clear: Democrats remain disturbingly not confident talking about national security.

[M]any Democrats seem relatively silent about the accomplishments of the Obama administration and their party on national security. Though a few are stressing the administration’s efforts on the new START treaty and nuclear proliferation, fewer still seem to be stressing the administration’s accomplishments regarding the wars in Iraq and Afghanistan, efforts to strengthen the military, and steps to combat terrorism. The survey strongly suggests progressives should speak out forcefully on these issues, and remind voters of the contrasts between those relative successes and the failures the country witnessed under eight years of Bush-Cheney. [emphasis added]

When the president scores 53 percent approval even after two significant domestic terrorist attempts in the last six months, that’s a strong statement. Even the last few months have seen a significant 10-point shift — moderates have changed allegiances and now trust Democrats more than Republicans on national security by six points.

Progressives need to own the national security narrative, a message I’ve tried to hammer home repeatedly over the last several months. Here’s an excerpt from a piece I wrote back in April for Roll Call:

[T]he Obama administration has quietly put together a sterling record on national security. So why are Democrats so down in the dumps? As one party strategist put it, Democrats “are behaving like the president has a 30 percent approval rating. On these [security] issues, Democrats inherently believe that no one will believe our arguments.”
There’s plenty for progressives to cheer. … Progressives stand for strong, smart security policy. Obama has terrorists in retreat and American prestige on the rise. Democrats need to begin owning their successes if the American public is to give credit where it’s due.

The Democracy Corps/Third Way analysis offers solid, straightforward recommendations. These are hardly liberal fantasy — they’re pragmatic, progressive ways to emphasize what has been a successful beginning on national security that will translate into electoral gains.

  • Speak in stronger terms about anti-terror efforts.
  • Stress efforts to support and strengthen the military.
  • Emphasize successful attempts toward greater international cooperation.
  • Emphasize domestic and economic renewal as an element of national strength.
  • Provide a contrast to the Bush-Cheney administration.

Two quick comments on the specifics of the recommendations. First, on the economy “as an element of national strength,” we’re now wondering less why the White House put such a strong emphasis on precisely that point in last week’s National Security Strategy. And on that final point, John Boehner’s been going around claiming that the administration’s counterterrorism successes have been “lucky,” an argument that the survey says falls flat with voters. I’d offer my evisceration of Boehner here (it was fun to write, so please check it out).

Bored Press Finds Reason to Live

That sound you heard was a bored Washington press corps letting out a collective whoop at the sign of the Obama administration’s first scandal: the alleged improprieties involving Pennsylvania Democratic Senate candidate Rep. Joe Sestak (D-PA) and Colorado Democratic Senate candidate Andrew Romanoff, who were both approached by the White House for possible jobs to convince them to drop out of primaries against incumbent Democrats.

But this kerfuffle is more a case of a D.C. media establishment eager for something – anything! – to shake up the dull routine of covering a relatively smooth first term.

First, the Sestak case. Earlier this year, Sestak claimed that the White House had offered him a “high-ranking” federal job if he stepped down from his primary challenge against Sen. Arlen Specter. Last week, the White House and Sestak filled in the details of the story: it turns out that the White House had dispatched Bill Clinton to reach out to Sestak and discuss an unpaid, part-time position on an advisory board, a suggestion that Sestak dismissed.

Republicans, led by Rep. Darrell Issa (CA), have pushed the story as nothing less than the death of the republic. But Melanie Sloan of Citizens for Responsibility and Ethics in Washington said there’s nothing to it – as the position was unpaid, it couldn’t be bribery. Washington sage Norm Ornstein has called it a “non-story,” noting that “to any veteran of the political process, such offers are nearly routine across every administration.”

The Romanoff case is potentially more serious – but still much ado about not much. Romanoff revealed that the White House suggested three jobs that he might be interested in if he dropped out of his primary race against incumbent Sen. Michael Bennet. Last night’s Politico headline oozed muckraking gusto: “Andrew Romanoff: W.H. offered three jobs.”

The only problem is that the headline wasn’t true. Where did I find this out? From the same Politico story:

In Romanoff’s case, [White House Deputy Chief of Staff Jim] Messina apparently suggested paid jobs in the administration, a difference from the Sestak overture. But unlike the unpaid position offered to Sestak, both the White House and Romanoff said Romanoff was never guaranteed a job.

At no time was I promised a job, nor did I request Mr. Messina’s assistance in obtaining one,” Romanoff said in his statement.

[…]

“Mr. Messina also suggested three positions that might be available to me were I not pursuing the Senate race. He added that he could not guarantee my appointment to any of these positions.” [emphases added]

It gets better. It turns out Romanoff had applied for a job at the U.S. Agency for International Development during the transition, even following up by phone. Last September, Messina contacted Romanoff asking if he was still interested in a USAID position or if he would continue his run for the Senate. Romanoff said he was no longer interested in the job. End of story.

Or not. As Politico’s coverage suggests, the media, denied a feeding frenzy for so long, is just getting warmed up. Mark Halperin, as reliable an index of C.W. there is, linked excitedly to the Politico story, also falsely using the word “offered” in his post.

This morning, Politico served up the big-picture slam you know it’s been waiting months to publish: “White House political team stumbles, bumbles.” (Posted at 4:46 a.m., the story won the dawn handily.) In their Romanoff piece from last night, there was this priceless nugget as well: “The White House, which remained silent for hours after Romanoff’s statement…” Hours! What is this White House hiding?!

Unfortunately, we live in a political culture where non-stories routinely become headline stories. No actual wrongdoing may have occurred, but this is all bad news for the White House anyway. When you’re spending time explaining why something you did was not improper, you’ve already lost the image battle. If this refuses to die down, it may take a frank and unequivocal statement by the president to turn the page on this faux scandal.

And so begin the dog days of D.C. summer.

Photo credit: Colorado House Democrats

Long Night in Alabama

I didn’t actually go to Alabama last night, but I felt like it after staring at county returns half the night trying to understand the capricious will of that state’s electorate — or rather the 30 percent or so of them who voted in statewide primaries.

The shocker of the evening, of course, was Ron Sparks’ landslide 62-38 victory over Rep. Artur Davis in the Democratic gubernatorial race. Davis was the prohibitive front-runner for many months, and though there was sparse public polling in the race, he did have an eight-point lead in an R2K/DKos poll done less than two weeks out.

Now some people will look at the phenomenom of a black candidate unexpectedly losing a primary in Alabama and assume it’s all about race. And some progressives who think Artur Davis is a sell-out pseudo-Republican will assume it’s all about ideology. But I think Davis simply deployed a mistaken strategy, and that Sparks ran a smart campaign. Davis clearly tried to position himself for a general election far too early, and in keeping his distance from traditional Democratic groups, he managed to convey the sense that he wasn’t interested in their votes any more than in their public support. In a low-turnout primary, that was fatal.

It also shouldn’t be completely ignored that in an otherwise largely issues-free environment, Sparks had an issue — support for greatly expanded and regulated public gaming — that’s a proven vote-winner among Alabama Democrats.

In any event, Davis managed to lose upwards of half the African-American vote — which is why you can’t chalk up his defeat to some sort of southern-fried Bradley Effect- – while getting crushed in heavily-white northern Alabama. It was truly shocking to see the first viable African-American statewide candidate in Alabama lose majority-black counties in his own congressional district like Dallas (Selma), Hale, Marengo, Perry and Wilcox. But it’s possible to overinterpret this election: with the exception of Mobile, Artur Davis didn’t do well much of anywhere. And so, ironically, Ron Sparks enters the general election with the kind of biracial coalition behind him that Davis sought to create, in all the wrong ways.

The Republican gubernatorial primary is going to a recount because only 208 votes separate the second- and third-place finishers, Dr. Robert Bentley and Tim James. Bentley’s performance was nearly as surprising as that of Sparks; he was in single digits in the R2K/DKos poll, while James spent $4.4 million — nearly half of that his own money — and made his constant feuding with Bradley Byrne the central focus of the entire race. And it appears Bentley’s impressive showing was at least partly attributable to voters tired of the Byrne-James slugfest.

Meanwhile, Parker Griffith became the latest and no-so-greatest of party-switchers to go down to ignominous defeat, in his case losing a multi-candidate Republican primary without even making it to a runoff. At the end of a long evening, his fate brought a smile to the face of even the weariest of Democrats.

This item is cross-posted at The Democratic Strategist.

Photo credit: Larry Miller’s Photostream

Texas Textbook Massacre: Can the Courts Do Anything?

Two weeks ago, the Texas School Board voted to ratify, 9-5, drastic textbook changes in their state primary education curriculum after a month of “open commentary” from the public. The changes revisit basic understandings of American history, social studies and economic thought in unprecedented ways.

In a purported attempt to neutralize the pervasive “liberal bias” supposedly present in public education, the Texas School Board approved the insertion and inflation of conservative ideals, values and historical icons (Jefferson Davis, Phyllis Schlafly, Joe McCarthy) in textbooks. The modifications also seek to downplay the intentional separation of church and state by emphasizing the Judeo-Christian faith of the nation’s founders.

At the time the changes were originally proposed, the 15-member Texas School Board boasted 10 Republicans, 7 of which were far-right conservatives. These conservatives undertook a concerted campaign to rewrite the textbook curriculum late last year. Ironically, as Jeremy Binckes notes, three board members who voted for the changes don’t even use the Texas public school system, opting instead for private or home schooling.

What’s most disconcerting about these alterations is the impact they may have on the national education system. As one of the nation’s largest purchasers of public textbooks, Texas’ revisions could alter the content of textbooks distributed nationwide.

What recourse do progressives have to beat back the encroaching, fanatic know-nothingism of the fringe right? Unfortunately, judicial mechanisms may prove unhelpful. Most courts have historically recognized the right of local education boards to create a standard curriculum of its own accord. These local boards are also granted broad discretion in adopting uniform textbooks for their respective public schools. Anyone seeking to judicially contest Texas’s revisions must make the case that the modifications infringe their constitutional rights. This isn’t an easy task.

In 1980, Indiana students brought a case in the 7th Circuit claiming that the removal of books from the school library and ensuing changes to the English curriculum violated their First Amendment protections of “freedom of speech” and the corresponding “freedom to hear.” The court dismissed these claims as failing to meet the constitutional threshold, and reminded the plaintiffs that the Constitution does not permit courts to interfere with the discretion of local authorities unless some really overt indoctrination is happening.

Two years later, the Supreme Court took up the issue of teachers banning books from school libraries. In a 5-4 vote, the majority concluded that banning of books did violate a student’s First Amendment rights. Justice Brennan warned school officials they could not remove books in an effort to restrict general access to political or social ideas that they disagreed with. However, in the same opinion, Justice Brennan also recognized that local boards have “absolute discretion in matters of curriculum.”

The Texas School Board’s amendments walk a fine line between these distinctions. Will their absolute authority over curriculum legally outweigh their obvious intent to revise history on the basis of their political views?

The jury’s still out. Consequently, states and progressives seeking to protect themselves from Texas’ influence will have to use other means. The New York Times reports that California legislators have drafted a bill requiring their state school boards ensure their own textbooks don’t show remnants of the Texas changes. In the same article, NAACP President Benjamin Jealous expressed an intention to fend off the Texas changes — although he doesn’t mention how.

As for Texas, the past month of public commentary has revealed the community’s outrage and concern. Despite their final ratification vote, there are early indications that progressives can take back the Texas School Board of Education from the hard right voting bloc. The former head of the textbook revision movement, Don McLeroy, lost his re-election bid to a more moderate Republican, and is no longer part of the school board. Fellow revisionist enthusiast, Cynthia Dunbar, is not seeking re-election. Absent any clear judicial recourse, Texan progressives will have to further capitalize on the backlash generated by the national spotlight and continue their efforts to overturn the instituted reforms.

Photo credit: Wohnai’s Photostream

After Comcast, What’s Next for Net Neutrality?

Congress is gearing up to reopen the Communications Act of 1934 in order to come up with what it hopes will be a better way to make sure as much information flows through the Internet as possible and in a manner fair to consumers, service providers and other stakeholders. During a panel discussion co-sponsored by the Free State Foundation and the Information Technology and Innovation Foundation, it was clear that the coming debate on the future of America’s Internet policy in general and its net neutrality policy in particular will continue to be a lively one.

Congress has effectively advised the Federal Communications Commission (FCC) not to reclassify Internet edge networks –- cable, DSL, FTTx and wireless –- under Title II of the Communications Act. A majority of House members signed letters last week to that effect, and while these letters don’t have the force of law, they’re certainly significant statements of congressional sentiment. The FCC is, after all, a creature of Congress that isn’t entitled to operate outside the scope of its statutory authority, regardless of how noble its motives may be or how urgent the problems it seeks to address are.

The paramount questions for the immediate future concern the shape of Internet policy, and most of the answers must come from Congress. Jim Cicconi of AT&T and moderator Rob Atkinson of ITIF pointed out that the net neutrality debate has sucked the oxygen out of the room on Internet policy for the past five years. Instead of developing plans for national purposes of the Internet and ensuring that it reaches all Americans at reasonable speeds and prices, the policy community has struggled with questions about packet discrimination and “reasonable network management.” While we’ve been obsessing over how to differentiate good network operator behavior from bad, other nations have leapt ahead of us in broadband speed, adoption, or both. Even after the unveiling of a National Broadband Plan, the public debate continues to focus too much on hypothetical anti-consumer behavior by network operators and service providers.

Five years ago, panelist Randy May of the Free State Foundation developed a model law for the Internet called the “Digital Age Communications Act” (DACA) that sought to update the 1934 Communications Act that governs the FCC. Under the DACA framework, regulators can only take action on incidents in which a broadband provider was enforcing policies harmful to consumers in non-competitive markets. The virtue of DACA is its simplicity – it forswears technical prejudgment of particular management practices – but it has attracted criticism from those who find it too strict as well as from those who find it too permissive; it’s not clear why a market power test is relevant once a given practice has been found to harm consumers, for example. Questions of this sort must ultimately be addressed by Congress, as they pertain to the policy space and aren’t simply matters of regulation.

Professor James Speta of Northwestern warned that the “Title II with forbearance” approach to Internet regulation proposed by FCC chairman Julius Genachowski is inherently unstable. (Under this idea, Title II would apply to the Internet, except for the parts of Title II that don’t.) Obviously, the reclassification itself raises troubling legal issues, and is certain to cause litigation. As the outcome of the litigation is uncertain, it would likely take years to resolve its status. The forbearance process is a second source of instability, because regulations can be imposed and withdrawn so easily as matters of forbearance. While the FCC’s proposed “Third Way” built on reclassification and forbearance appears to offer a short cut to an Internet regulation framework, its expeditious character is probably more an illusion than a reality.

A number of panelists addressed the question of what to do while we’re waiting for Congress to draft an Internet policy. Eric Klinker, CEO of BitTorrent, Inc., pointed out that industry deals with questions of Internet management through self-regulatory and other cooperative efforts. BitTorrent, Inc. was not a party to the complaint against Comcast dealt with by the previous FCC – its competitor Vuze, Inc. filed the petition. BitTorrent took a very different approach, meeting with the Comcast network operations team to determine the nature of the problem that motivated them to actively manage parts of the network as they did and to map out a better solution. Rather than seeking regulatory relief, BitTorrent developed a better protocol, uTP, which yields to interactive applications but saturates network links when no other applications are active. BitTorrent improved the Internet in a way that no regulatory action can.

The self-regulatory systems that have emerged from the broadband and Internet markets organically have been largely effective, but they may need to be supplemented with more active government involvement in the future. Whether this happens, and if so, how it happens, are likely to be the subject of debate in the near future — but that debate should take place in the Congress, not at the FCC.

Avoiding a Rush to Judgment on the Israeli Flotilla Attack

Much of the world has reacted harshly against Israel in the wake of the tragic loss of life in this weekend’s flotilla incident. While the optics certainly look terrible for Tel Aviv, it’s critical that we avoid a rush to judgment. Two things need to take place first: one, an inquiry insuring that we have all the information we need about the incident; and two, a full consideration of the geopolitical issues in play.

Open questions remain about what led up to the horrific results, questions that need to be answered before any fair evaluation can be made. A partial list includes: Did the Israeli Defense Forces (IDF) follow standard procedures to attempt to divert the flotilla as it had others? Was the flotilla given proper warning of the impending boarding? Were other non-lethal diversionary methods (such as water cannons, sound blasts, attempts to escort the ship out of the immediate area) deployed? Once the decision was made to board the ship, did IDF members on board first use non-lethal methods? Were there specific acts that caused the IDF to switch to live ammunition?

A thorough investigation may well prove that the IDF’s use of deadly force was indeed disproportionate. But learning the answers to these questions is critical before establishing that judgment.

A discussion should also take place on the legal and moral justifications for Israel’s blockade of the Gaza Strip. The blockade has been going on for approximately two years, and Israel has justified it on grounds that Hamas could get the weapons via international shipping.

Israel’s right to defend itself is not in question. And though Gaza is not a sovereign state, Israel claims that the blockade is justified because it is at war with Hamas, the group that controls Gaza.

But the effect of the blockade on civilians in Gaza has been severe. UN Secretary General Ban Ki Moon has condemned the blockade not on security grounds but humanitarian ones, saying it has caused “unacceptable suffering.” And the Gladstone Report, the UN’s analysis that followed the late-2008 Israeli invasion of Gaza, found that Israel’s blockade exacerbated humanitarian needs, particularly food, economic recovery and public heath.

Israel claims that it was prepared to take the flotilla’s humanitarian goods, inspect them and send them on to Gaza. But regardless of the shipment’s fate, Gaza’s citizens desperately need more, and Israel should reorient the blockade to focus on weapons while proactively facilitating humanitarian assistance. Besides, the incident has already prompted Egypt to open its border with Gaza, demonstrating that there is a limit to Israel’s ability to rope the region off.

It’s important to understand why the flotilla was out there in the first place: not to deliver aid to Gaza, but to make a political point about the blockade’s existence. It’s equally important to note that the flotilla had to provoke Israel in order to make the political point resonate with a wider audience. Israel has to learn not to play into its opponents’ hands.

Any loss of life is tragic, and whatever the investigation turns up will not change the fact that nine individuals have been needlessly killed. But we must understand the specific circumstances that led up to the incident, as well as its wider geopolitical context, before levying judgment.

Photo credit: freegazaorg’s Photostream

Time for a One-Two Punch for Campaign Reform

In its recent Citizens United v. Federal Election Commission decision, the U.S. Supreme Court ruled that corporations and unions are entitled to the same First Amendment freedoms as flesh-and-blood human beings, thereby overturning decades of settled law limiting corporate influence in elections. With political analysts predicting a torrent of new spending by special interest groups in the fall elections, congressional leaders are advancing new legislation aimed at blunting the worst effects of the Supreme Court ruling.

Introduced by Sen. Chuck Schumer (D-NY) and Reps. Chris Van Hollen (D-MD) and Mike Castle (R-DE), the DISCLOSE Act would place commonsense limits on corporate independent expenditures and require CEOs and major funders to take credit for the political ads they make. The legislation rightly restricts electioneering expenditures by corporations with a significant foreign ownership stake, as well as those that benefit from large-scale government contracts or bailouts. In addition, the legislation would greatly increase transparency and disclosure requirements on corporations, unions, trade associations and other incorporated entities, bipartisan measures that are in accordance with our long tradition of constitutionally protected disclosure.

While the design of specific provisions, including the appropriate threshold for government contractor restrictions, is open to debate, the DISCLOSE Act represents a necessary first step to stem the anticipated flood of special interest money post-Citizens United. Democratic leaders have promised swift action and a House vote on the legislation after the Memorial Day recess.

But Congress cannot content itself with incremental fixes to a system of special interest funding that’s rotten at the core. Fundamental reform of the nation’s pay-to-play system will not come by imposing new limits on private campaign spending, but by changing the very source of money that funds campaigns. Bipartisan legislation to establish a new system of citizen-funded elections has already gained the support of 175 members of Congress and dozens of grassroots organizations representing millions of concerned citizens from across the political spectrum.

Under the proposed Fair Elections Now Act, congressional candidates who attract a broad base of public support would be eligible to receive matching federal dollars if they agree to forego special interest money and raise only small donations from their constituents. A four-to-one match on in-state donations of $100 or less would ensure that serious, hardworking candidates have the funds they need to mount a competitive campaign, even when opposed by wealthy individuals or groups.

Indeed, academic analysis of the relationship between congressional campaign spending and election outcomes has consistently found a competitive spending threshold below which candidates are unable to effectively compete and above which additional spending produces negligible returns. Candidates running for the U.S. House between 1992 and 2006 required between $1 million and $1.5 million (in 2006 dollars) to mount competitive campaigns, while spending beyond that threshold did not measurably increase the likelihood of success.

By giving small donors an incentive to invest in political campaigns and rewarding candidates who demonstrate broad public support — regardless of wealth — such a reform has the potential to rein in undue influence by special interest groups and restore the public’s trust. And far from imposing new limits on political speech, the Fair Elections Now Act would expand free speech by enabling new voices to enter the political debate regardless of wealth.

Congress is presented with an historic opportunity to right the wrongs of an activist Supreme Court with a one-two punch for reform: by passing an evenhanded DISCLOSE Act to increase transparency and accountability on the part of corporate funders of political speech, and by passing the Fair Elections Now Act to ensure that elections for public office are owned by the American people, not wealthy special interests. Let’s hope they’re up for the fight.

Photo credit: Dbking’s Photostream

Top 10 Pragmatic Progressive Ideas from the National Security Strategy

Since copies of the Obama administration’s new National Security Strategy began to circulate, there’s been a lot of cheering about how different from Bush’s it is. And true, it is. That’s made clear in the letter from the president on the document’s first page. And my hunch is that people stop there — you get your headline, and you run with it, not bothering to read the rest of the document.

Well, guess what? I just cozied up with a chicken sandwich, a Diet Coke and a bag of chips and read the whole enchilada.

It’s long and at times unwieldy. I understand, for example, that “spending taxpayer’s dollars wisely” is important, but not sure the White House should be compelled to include it in the strategy text. But that’s indicative of Obama’s style — when you seek input from everyone, you’ll tend to end up with a longer list.

But after digging through the document, it’s worth pointing out the specifics of how the strategy has a distinctly pragmatic progressive outlook. With that, here are the top 10 examples:

1. It reaffirms that America’s values are the source of its power, and that American exceptionalism endures:

[T]he work to build a stronger foundation for our leadership within our borders recognizes that the most effective way for the United States of America to promote our values is to live them. America’s commitment to democracy, human rights, and the rule of law are essential sources of our strength and influence in the world.  America has always been a beacon to the peoples of the world when we ensure that the light of America’s example burns bright.

2. It prioritizes terrorism, Iraq, and Afghanistan while weighing them in the context of the 21st century’s other threats:

[T]hese wars—and our global efforts to successfully counter violent extremism—are only one element of our strategic environment and cannot define America’s engagement with the world. Terrorism is one of many threats that are more consequential in a global age. The gravest danger to the American people and global security continues to come from weapons of mass destruction, particularly nuclear weapons. The space and cyberspace capabilities that power our daily lives and military operations are vulnerable to disruption and attack. Dependence upon fossil fuels constrains our options and pollutes our environment. Climate change and pandemic disease threaten the security of regions and the health and safety of the American people.

3. America will only be secure if all government agencies coordinate effectively:

To succeed, we must update, balance, and integrate all of the tools of American power and work with our allies and partners to do the same. … We are improving the integration of skills and capabilities within our military and civilian institutions, so they complement each other and operate seamlessly. We are also improving coordinated planning and policymaking and must build our capacity in key areas where we fall short.

4. It is comfortable with, but prudent about, the use of force:

While the use of force is sometimes necessary, we will exhaust other options before war whenever we can, and carefully weigh the costs and risks of action against the costs and risks of inaction. When force is necessary, we will continue to do so in a way that reflects our values and strengthens our legitimacy, and we will seek broad international support, working with such institutions as NATO and the U.N. Security Council.

5. It’s tough as nails on al Qaeda:

[W]e reject the notion that al-Qa’ida represents any religious authority. They are not religious leaders, they are killers; and neither Islam nor any other religion condones the slaughter of innocents.

6. It advocates the responsible, measured pursuit of a world without nuclear weapons:

As long as any nuclear weapons exist, the United States will sustain a safe, secure, and effective nuclear arsenal, both to deter potential adversaries and to assure U.S. allies and other security partners that they can count on America’s security commitments.

7. The Obama administration trusts the UN:

We are enhancing our coordination with the U.N. and its agencies. We need a U.N. capable of fulfilling its founding purpose — maintaining international peace and security, promoting global cooperation, and advancing human rights. To this end, we are paying our bills. We are intensifying efforts with partners on and outside the U.N. Security Council to ensure timely, robust, and credible Council action to address threats to peace and security.

8. “Democracy promotion” — a term that became identified with the Bush administration — isn’t a dirty phrase:

The United States supports the expansion of democracy and human rights abroad because governments that respect these values are more just, peaceful, and legitimate. We also do so because their success abroad fosters an environment that supports America’s national interests.

9. The United States’ security is closely linked to clean energy:

As long as we are dependent on fossil fuels, we need to ensure the security and free flow of global energy resources. But without significant and timely adjustments, our energy dependence will continue to undermine our security and prosperity. This will leave us vulnerable to energy supply disruptions and manipulation and to changes in the environment on an unprecedented scale.  The United States has a window of opportunity to lead in the development of clean energy technology.

10. It calls on politicians to stop being ridiculous and put country above politics:

Throughout the Cold War, even as there were intense disagreements about certain courses of action, there remained a belief that America’s political leaders shared common goals, even if they differed about how to reach them. In today’s political environment, due to the actions of both parties that sense of common purpose is at times lacking in our national security dialogue. This division places the United States at a strategic disadvantage.

The Palin Steamroller Hits Speed Bump in Idaho

Sarah Palin, political kingmaker (or queenmaker, as the case may be), has been on quite a roll lately. She was one of the very first national Republicans to endorse Rand Paul before he went on to trounce Trey Grayson and become the new face of the Tea Party Triumphant. And more recently, candidates for highly competitive June 8 primaries in California (Carly Fiorina) and South Carolina (Nikki Haley) have surged in the polls shortly after a Palin endorsement.

But Palin’s rep as someone with the political Midas Touch took a hit yesterday in, of all places, her native state of Idaho. In the Republican primary to face vulnerable Democratic congressman Walt Minnick, the candidate that Palin (like other national Republicans) endorsed and personally campaigned for, Vaughan Ward, lost yesterday to state Rep. Raul Labrador.

Vaughan had a very large financial advantage in the race, but succumbed in no small part because of high-profile stumbles, including a speech in which he (or his speechwriter) lifted whole lines from Barack Obama’s famous 2004 convention keynote address (!), and a debate where he insisted that Puerto Rico is a foreign country (which didn’t get past Labrador, who was born there).

You can rightly say none of that was Palin’s fault, but she did do her personal appearance with Ward after, not before, his most famous gaffes. Labrador had some Tea Party backing (though Minnick, who has voted against most of the top Obama administration initiatives, has actually been endorsed by Tea Party Express, which apparently wanted to boost its nonpartisan bona fides), and was also supported by the local conservative hero, former congressman Bill Sali. In any event, St. Joan of the Tundra couldn’t pull her guy across the finish line.

In other news of Palin-backed candidates, the bizarre saga in South Carolina involving allegations by a political blogger (and longtime conservative activist) that he had an “inappropriate physical relationship” with Nikki Haley continues to hang fire. The site which originally published the allegations is now trickling out purported text message records involving conversations between the blogger and Haley’s campaign manager that indicate the two were collaborating very recently on efforts to supress rumors of an affair, but don’t really corroborate the affair itself. And the Palmetto State zeitgeist seems to be turning in Haley’s favor, in the absence, so far at least, of real evidence to back the allegations.

This item is cross-posted at The Democratic Strategist.

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

Don’t Ask, Don’t Tell On Its Way Out

You’ve probably heard the news by now, but word is that President Obama and Congress have reached an essential compromise on the repeal of “Don’t Ask, Don’t Tell” (DADT), a law that keeps homosexuals in the military so long as they’re quiet about it, and kicks them out if they’re not. The new compromise allows homosexuals to serve openly:

The compromise was finalized in meetings Monday at the White House and on Capitol Hill. Lawmakers will now, within days, vote on amendments that would repeal the Clinton-era policy, with a provision ensuring that any change would not take effect until after the Pentagon completes a study about its impact on troops. That study is due to Congress by Dec. 1.

The Washington Post goes on to note that conservative Democrats claim that they would oppose DADT’s repeal unless military leaders support the new law. Guess what? They already have. Here’s Chairman of the Joints Chiefs Adm. Mike Mullen in Senate testimony in February:

[I]t is my personal belief that allowing gays and lesbians to serve openly would be the right thing to do. No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.

Republicans have tried to distort the issue, claiming that the integration of homosexuals into the military amounts to a “liberal policy agenda,” which of course contradicts the chairman. Not to mention the fact that it makes America’s military, and the country, stronger. Here’s what Kyle Bailey said on P-Fix in March:

Under DADT, almost 800 “mission-critical” troops have been discharged in the last five years, including at least 59 Arabic and nine Farsi linguists. These unnecessary discharges create additional challenges and risks for our brave young men and women on the ground in Iraq and Afghanistan. …

DADT unnecessarily limits the pool of potential recruits, including some of the best and brightest young minds we need to win the war on terror and run our military in the decades to come. According to recent estimates, some 4,000 service members each year choose not to re-enlist because of the policy, and 41,000 gay and bisexual men might choose to enlist or re-enlist if the policy were repealed.

Kyle’s right. This isn’t just about social policy — it’s about national security.

Photo Credit: Chairman of the Join Chiefs of Staff’s Photostream

You Don’t Have to Be Racist To Hate the 20th Century

Before we move on from the controversy over Rand Paul’s comments on the Civil Rights Act of 1964, it’s important to understand that controversy over his political philosophy is likely to persist. And ironically, that’s especially true if the accusations of active or latent racism on Paul’s part are completely unfair.

If Paul’s original observations on the Civil Rights Act were motivated by indifference to discrimination against minorities, or the conviction some conservatives share that any government action to protect minorities is itself racism, then the controversy is limited to this one topic. In that case, the damage is limited to those voters who care about civil rights, many of whom will not be voting for Rand Paul in Kentucky or Republicans anywhere else.

But if, as his defenders insist (and as the record seems to support), Paul is simply expressing the consistent view that the operations of free markets, not government, are the best guarantor of individual rights in general and the interests of the poor and minorities in particular, and that the U.S. Constitution, rightly interpreted, reflects this conviction, then other, equally controversial issues may come into play, and not just those that involve other types of discrimination.

Most immediately, it’s worth remembering that principled, non-racist opponents of civil rights laws have to accept responsibility for their tacit alliances with racists. Best I can tell, Barry Goldwater did not have a prejudiced bone in his body. But there can be zero doubt that thanks to his “principled” opposition to the Civil Rights Act, his 1964 presidential campaign was totally dominated by segregationists in five of the six states he carried in the General Election, and served as the “bridge” whereby segregationists eventually migrated from the Democratic to the Republican party. At some point, the subjective motivation of civil rights opponents, past, present or future, becomes rather irrelevant.

But more importantly, Rand Paul’s concerns with the constitutionality of the Civil Rights Act suggest a radical outlook with political implications that go far beyond civil rights. After all, the provisions of the Civil Rights Act that limit the right to discriminate by private property owners depend on the same chain of “activist” Supreme Court decisions that made possible the major New Deal and Great Society initiatives, involving interpretations of the General Welfare, Commerce and Spending clauses that today’s (like yesterday’s) “constitutional conservatives” routinely deplore. Rand Paul’s campaign platform reflects the common Tea Party demand that the federal government be restricted to the specific enumerated powers spelled out in the Constitution. This constitutional fundamentalism, which appears to object to every expansion of federal power enacted since 1937, is made more explicit by Rand and Ron Paul’s friends in the Constitution Party, which forthrightly calls Social Security unconstitutional and demands that it be phased out immediately.

So: instead of challenging Rand Paul’s latest backtracking on the Civil Rights Act, or calling him racist, progressives would be better advised to corner him on his attitude towards the constitutionality of Social Security, Medicare and Medicaid, which, like the Civil Rights Act, reflect functions of the federal government that are not explicitly enumerated in the Constitution.

Add in the fact that Rand Paul has been calling for an immediate balancing of the federal budget without tax cuts, which would require some drastic action on federal spending, and it becomes plain that his honest and principled (at least up until his flip-flop on the Civil Rights Act) efforts to apply “constitutional conservative” doctrines to current affairs imply policies that when spelled out would repel many, many voters — just like Goldwater’s platform in 1964.

This item is cross-posted at The Democratic Strategist.

Photo credit: Gage Skidmore