Category: Congress

Obama Loses Trade Vote in House ……… and There Was Much Rejoicing

It’s confusing, but basically the House of Representatives overwhelmingly rejected a key portion of the Fast Track process, and I am doing a happy dance.

Hours after President Obama made a dramatic, personal appeal for support, House Democrats on Friday thwarted his push to expand trade negotiating power — and quite likely his chance to secure a legacy-defining accord spanning the Pacific Ocean.

In a remarkable blow to a president they have backed so resolutely, House Democrats voted to end assistance to workers displaced by global trade, a program their party created and has supported for four decades. That move effectively scuttled legislation granting the president trade promotion authority — the power to negotiate trade deals that cannot be amended or filibustered by Congress.

“We want a better deal for America’s workers,” said Representative Nancy Pelosi of California, the House minority leader, who has guided the president’s agenda for two terms and was personally lobbied by Mr. Obama until the last minute.

The vote that prevented the president from obtaining trade promotional authority now imperils the more sweeping Trans-Pacific Partnership, a proposed trade agreement with 11 other nations along the Pacific Ocean that affects 40 percent of the global economy on goods ranging from running shoes to computers.

………

The Democratic revolt left Republican leaders trying to summon support from their own party for trade adjustment assistance, a program they have long derided as a waste of money and a concession to organized labor. Eighty-six Republicans voted for the program, more than double the 40 Democrats who supported it. But the trade adjustment assistance bill failed when 126 voted for it and 303 against.

Republican leaders then passed, in a 219-to-211 vote, a stand-alone bill that would grant the president the trade negotiating authority he sought. But that measure cannot go to the president for his signature because the Senate version of the legislative package combined both trade adjustment and trade promotion.

There is still a possibility that the House will pass the worker assistance bill early next week and send to Mr. Obama, but it would require dozens of Republicans or Democrats changing their votes, a prospect Republicans said was remote.

It’s kind of tough to understand what is going on here, but here is how this was supposed work:

  • In order to pass Trade Promotion Authority (aka TPA or Fast Track), Congress needs to pass displaced worker aid, which provides funds for transition and retraining, for people displaced as a result offshoring
  • Because the Republicans are insisting on offsets for this costs, this measure includes a minuscule cut to Medicare.
  • Fast Track is supposed to be passed.
  • Because Democrats are unwilling to cut Medicare, Democrats were promised a vote to reinstate the Medicare funding.  (but no guarantee that it would pass)

Here’s the kicker:  There were never more than 80 or so Republicans who were willing to support aid to displaced workers, which meant that something like ¾ of the Democratic Caucus need to vote for it, and it meant voting for a Medicare cut, which would have been used by Republicans in the 2016 campaign, just like they did in 2010 over Obamacare.

Additionally, as was observed by Gaius Publius, (the blogger, not the Roman Historian), “Supporting NAFTA Was the Kiss of Death for Democrats — Why Dems Should Think Twice About Voting for TPP.”

Much like Obamacare, Obama is shivving his own party in the hopes of his “legacy”, but this time, they get it, and unlike Obamacare, the TPP, TTIP, and TiSA actually make things worse ……… A lot worse.

They are designed to facilitate the privatization of government functions, encourage IP based rent seeking, and to promote the parasitic financialization of the involved countries.

I am tremendously happy that Obama has lost this, but I expect him to come back again to try and get fast track authority again.

Keep dialing your Congress critters.

Has John Thune Been Dining on Lead Paint?

It is amazing just how much stupid can be jammed into just 140 characters:

Six million people risk losing their health care subsidies, yet @POTUS continues to deny that Obamacare is bad for the American people.

— Senator John Thune (@SenJohnThune) June 8, 2015

I am not a big fan of Obamacare, but to claim that Obamacare might be responsible for ending the subsidies that it created is a level of stupid that buggers the mind.

Senator Warren Calls Out Wall Street Tool Heading SEC

Senator Elizabeth Warren took aim at the country’s top Wall Street regulator Tuesday in an unusually personal and blunt letter that complained about delayed reforms and lax enforcement, prompting a full-throated defense from the White House.

In a 13-page letter to Securities and Exchange Commission chairwoman Mary Jo White, Warren cited a “significant gap” between the promises White made during her Senate confirmation hearings and her subsequent performance leading the independent commission.

“I am disappointed that you have not been the strong leader that many hoped for — and that you promised to be,” the Massachusetts Democrat wrote. “I hope you will step up to the job for which you have been confirmed.”

Warren launched her salvo as the fifth anniversary approaches this summer of passage of the landmark Dodd-Frank Wall Street reform law. Backers hoped the 2010 legislation would spell a new era of tougher regulation on financial institutions, but it still has not been fully implemented by the SEC — the reason for some of Warren’s ire.

White House spokesman Josh Earnest brushed aside Warren’s concerns Tuesday afternoon, expressing confidence in White, who the administration nominated to the position two years ago.

………

Suspicion among liberals about White accelerated last week when she appointed a top Goldman Sachs lawyer to be her chief of staff. The left has long complained that key financial regulatory bodies are stacked with staff that have deep ties to Wall Street firms.

“Warren has expressed the frustration of many people who had high hopes for chairwoman White,” said Dennis M. Kelleher, the president of Better Markets, a nonprofit that supports market reforms. “It’s bad enough that the rule-making is so far behind. It’s inexcusable that the enforcement has been toothless.”

Kelleher’s group took heat from the left two years ago for supporting White during her Senate confirmation hearings. He and others believed that her background as a federal prosecutor in New York would outweigh her later position as a partner and cochair of the litigation department at a Manhattan law firm with finance industry clients. At the time, he called her a “tough, smart, no nonsense” prosecutor. Since then, he said, he’s witnessed two “largely unproductive years” at the SEC and he is particularly disappointed that key parts of the Dodd-Frank law have not been implemented.

BTW, it’s not just Elizabeth Warren, it is her fellow SEC members who are complaining rather loudly:

Elizabeth Warren just put SEC Chairman Mary Jo White firmly in her crosshairs. White is a deserving target. After being approved based on the promise that she’d reinvigorate a diminished agency via her chops as a former highly respected Federal prosecutor, White instead had specialized in empty promises, foot dragging and financial services cronyism. While these are sadly too common in senior regulatory circles most incumbents do far better than White in presenting a plausible veneer of serving the public interest. By contrast, White’s performance has been so remiss that a fellow Democratic party commissioner, Kara Stein, has gone into open opposition against her, and is regularly joined by the other Democrat commissioner, Luis Aguilar.

Warren’s letter (hat tip Adrien) comes a mere week after another missive calling out White’s dereliction at duty, when three former SEC commissioners blasted White for failing to to move forward on long-overdue rulemaking to require public companies to disclose their political spending.

I am not at al surprised that White has been avoiding any meaningful restrictions on Wall Street.  She is doing exactly what Barack Obama wants.

That’s why he selected Tim “Eddie Haskell” Geithner as Treasury Secretary when he became President, and why he chose Eric “Place” Holder as Attorney General.

Obama wants no consequences for Wall Street lawbreaking, so Mary Jo White is not going anywhere.

Her letter is after the break:

So, We Had 2 Days of NSA Free Phone Calls………

The Senate just passed “the USA Freedom Act”.

It provides some (remarkably tepid) reforms to our overweening security state, and Mitch McConnell fought like hell to prevent these and lost:

Congress just passed NSA reform. Here’s how Mitch McConnell tried—and failed—to thwart it.

The USA Freedom Act, the bill that reforms the Patriot Act and stops the US government’s bulk collection of phone records, finally passed the Senate on Tuesday after the chamber rejected three amendments from GOP Majority Leader Mitch McConnell (R-Ky.) aimed at weakening the bill’s reforms.

McConnell originally supported leaving the Patriot Act with all of its surveillance powers intact, but he faced resistance from both Democrats and Republicans, including die-hards such as Sen. Rand Paul (R-Ky.) who were happy to let bulk collection simply disappear without creating a replacement. So McConnell agreed to proceed with the USA Freedom Act, but proposed four amendments to address what he called the bill’s “serious flaws .” (He withdrew one of them.)

Harley Geiger, chief counsel of the Center for Democracy and Technology, called McConnell’s amendments “unnecessary for national security” and said that they would “erode both privacy and transparency.”

The Senate agreed, rejecting the three amendments that came to a vote on Tuesday afternoon. McConnell’s proposed changes would have:
Delayed the shutdown of bulk collection: The USA Freedom Act calls for bulk collection to shut down within six months of the law’s passage. One of McConnell’s amendments would have stretched that out to a full year.

Kept arguments before the FISA court a one-sided affair: The FISA court reviews—and essentially always approves—requests for surveillance from government agencies. Its business is classified, and the only arguments presented are by government lawyers. The USA Freedom Act establishes a panel of experts to argue privacy concerns before the court, a move that one of McConnell’s amendments would have tried to limit.

Offered a potential backdoor for anti-reform efforts: Under the USA Freedom Act, bulk collection will be replaced by a “query-based” system, in which intelligence agencies would have to ask phone companies for records. That will take place six months after the bill is signed into law, but McConnell wanted to make the attorney general certify one month before the end of bulk collection that the new system would not harm national security. That may have given anti-reform lawmakers a final chance to scuttle the USA Freedom Act if the attorney general’s certification didn’t happen, or even raised any concerns at all.

McConnell got a lose, but I would have preferred that nothing at all got passed, which would have been the best possible outcome.

I guess that I will have to be satisfied by McConnel’s loss.

Thank You Rand Paul*

It turns out that, at least for the next few hours, some significant portions of the Patriot Act have expired:

The Senate failed to pass legislation late Sunday to extend three Patriot Act surveillance measures ahead of their midnight expiration. The National Security Agency’s bulk telephone metadata collection program—first exposed by Edward Snowden in 2013—is the most high profile of the three spy tools whose legal authorization expired.

President Barack Obama was set to sign the bill, the USA Freedom Act, ahead of the midnight Sunday deadline. But Senate lawmakers who convened in a special session at 4pm ET Sunday could not reach an accord. The Senate is to resume debate Monday at noon ET.

As expected, there was much banter back and forth on the Senate floor about whether the Constitution was being gutted or whether the country would come to ruins if the Senate did not quickly adopt the already approved House legislation ahead of the June 1 expiration deadline. (The three Patriot Act provisions that failed to pass the Senate were renewed days ago in the House through 2019.)

“Are we willing to trade liberty for security?” asked Sen. Rand Paul (R-KY), perhaps the most vocal opponent of the legislation. Despite an apparent victory, Paul had no illusions that this fight for privacy would end after these specific extension talks. “The Patriot Act will expire tonight, but it will only be temporary,” he added.

………

The three Patriot Act provisions on the agenda would have been extended until 2019 if approved. The first concerns the so-called “business records” provision that enabled the NSA’s bulk telephone metadata program brought to light by the Snowden disclosures. This provision granted the government the power to seize all types of records—including those surrounding health and banking. The authorities must assert to the secret Foreign Intelligence Surveillance Act Court (FISA Court) that they are “relevant” to a terrorism investigation before getting a warrant. The bulk metadata collection program was altered somewhat under the House and Senate legislation, however.

I expect this victory to be short lived, but even this temporary and largely symbolic setback for the overweening security state heartens me a bit.

*I f%$#ing cannot f%$#ing believe that I f%$#ing just f%$#ing said that non-ironically.

The TPP Just got a lot worse

It turns out that the Investor-State Dispute Settlement (ISDS) kangaroo courts are not the worst part of the TPP.

It turns out that it is set up as what the US Trade Representative calls a, “Living agreement: to enable the updating of the agreement as appropriate to address trade issues that emerge in the future as well as new issues that arise with the expansion of the agreement to include new countries.”

What this means is that the agreement can be changed by the vote of a a foreign bureaucracy with no requirement for Congressional advice and consent.

When one looks at the, where the “Judges” work for the benefit large multinational firms, do their adjudication, and then go back to work for the benefit large multinational firms, one can only imagine the skulduggery that can be done with this.

Bob Menendez Shafts Barack Obama on TPP

He managed to get an amendment in the Senate’s TPP bill, which has the effect of toughening human trafficking requirements of member countries, which means that Malaysia’s horrific human trafficking record would make the treaty ineligible for fast track:

Remember, passing Fast Track in the Senate was supposed to be the easy part. Not only did Fast Track get rejected on its first try — “Welcome aboard the S.S. Lame Duck, Mr. President!” — now we get this. Ryan Grim explains:

The Senate approved a bill to “fast-track” trade agreements negotiated by the president. The agreement will prevent Congress from amending or filibustering Obama’s controversial Trans-Pacific Partnership agreement. The TPP deal would have a hard time surviving without fast-track authority.
But a key crackdown on human trafficking survived the legislative jujitsu. The White House considers the provision a deal-breaker, as it would force one of the nations involved in the TPP talks — Malaysia — out of the agreement.

From the US State Department:

Malaysia (Tier 3 [the worst]) is a destination and, to a lesser extent, a source and transit country for men, women, and children subjected to forced labor and women and children subjected to sex trafficking. The overwhelming majority of trafficking victims are among the estimated two million documented and two million or more undocumented foreign workers in Malaysia.
Foreign workers typically migrate willingly to Malaysia from other countries in Asia—primarily Indonesia, Bangladesh, the Philippines, Nepal, Burma, Cambodia, Vietnam, India, Thailand, and Laos—in search of greater economic opportunities.

Here I pause to note that somebody decided that it would be a good idea for the US to take in the Rohingya, the Muslim boat people who have turned to traffickers to escape a slow motion Burmese genocide, after which the Malaysians offered temporary, one-year status to such Rohingya as actually reach their shores.

………

Complicating any efforts to “fix” the bill, however, is the possibility of an alliance between feminist factions in the Democratic party, and Christianist factions among the Republicans, both of whom take strongly principled positions on human trafficking.

Complicating the picture even more, when you think about it, is the potential for agita in 2016. Suppose Obama, very ironically, gets the anti-slavery provisions “fixed,” i.e. removed, and the bill passes in time. The campaign ads practically write themselves. “A vote for TPP is a vote for human trafficking.” “Why does Senator X support slavery?” Cue the ominous music. Cue pictures of skeletal women and children. Cue the die-ins on the trail. I’m sure campaign shops on both sides are practically drooling with joy, because the only way TPP will pass is with bipartisan support. Getting that amendment in there was GENIUS, and we’ll get to how that happened in a moment.

So what we are seeing here is a pissing contest between Menendez and Obama.

The time line is:

  • Menendez does his level best to submarine any potential nuclear deal with Iran, including politically attaching himself to Benyamin Netanyahu.
  • Menendez is indicted for corruption. (BTW, good luck getting a conviction under recent Supreme Court rulings)
  • Menendez inserts an amendment to Fast Track which basically excludes Malaysia from the treaty.

Note also the consequences of excluding Malaysia, the most populous Muslim majority state in the world the only sizable majority Muslim state in the TPP, so its exclusion would leave the rump state of Brunei (population 415,717) as the only majority Muslim nation in the agreement.

I cannot believe that I am actually on Menendez’ side on all of this, but the TPP is clearly bad news, as the TTIP with Europe, (more on that later) so to the degree that these treaties can be stopped, the better it is for everyone but the multinational business for whom this is a big government subsidy.

This is a Good Rebuttal of Obama’s Pro TPP Arguments

Michael Wessel, who has been deeply involved with trade deals, and who has had access to the classified draft text of the TPP, has basically called Barack Obama over his claims about the trade deal:

You need to tell me what’s wrong with this trade agreement, not one that was passed 25 years ago,” a frustrated President Barack Obama recently complained about criticisms of the Trans Pacific Partnership (TPP). He’s right. The public criticisms of the TPP have been vague. That’s by design—anyone who has read the text of the agreement could be jailed for disclosing its contents. I’ve actually read the TPP text provided to the government’s own advisors, and I’ve given the president an earful about how this trade deal will damage this nation. But I can’t share my criticisms with you.

I can tell you that Elizabeth Warren is right about her criticism of the trade deal. We should be very concerned about what’s hidden in this trade deal—and particularly how the Obama administration is keeping information secret even from those of us who are supposed to provide advice.

So-called “cleared advisors” like me are prohibited from sharing publicly the criticisms we’ve lodged about specific proposals and approaches. The government has created a perfect Catch 22: The law prohibits us from talking about the specifics of what we’ve seen, allowing the president to criticize us for not being specific. Instead of simply admitting that he disagrees with me—and with many other cleared advisors—about the merits of the TPP, the president instead pretends that our specific, pointed criticisms don’t exist.

What I can tell you is that the administration is being unfair to those who are raising proper questions about the harms the TPP would do. To the administration, everyone who questions their approach is branded as a protectionist—or worse—dishonest. They broadly criticize organized labor, despite the fact that unions have been the primary force in America pushing for strong rules to promote opportunity and jobs. And they dismiss individuals like me who believe that, first and foremost, a trade agreement should promote the interests of domestic producers and their employees.

I’ve been deeply involved in trade policy for almost four decades. For 21 years, I worked for former Democratic Leader Richard Gephardt and handled all trade policy issues including “fast track,” the North American Free Trade Agreement and the World Trade Organization’s Uruguay Round, which is the largest trade agreement in history. I am also a consultant to various domestic producers and the United Steelworkers union, for whom I serve as a cleared advisor on two trade advisory committees. To top it off, I was a publicly acknowledged advisor to the Obama campaign in 2008.

………

The text of the TPP, like all trade deals, is a closely guarded secret. That fact makes a genuine public debate impossible and should make robust debate behind closed doors all the more essential. But the ability of TPP critics like me to point out the deal’s many failings is limited by the government’s surprising and unprecedented refusal to make revisions to the language in the TPP fully available to cleared advisors.

Bill Clinton didn’t operate like this. During the debate on NAFTA, as a cleared advisor for the Democratic leadership, I had a copy of the entire text in a safe next to my desk and regularly was briefed on the specifics of the negotiations, including counterproposals made by Mexico and Canada. During the TPP negotiations, the United States Trade Representative (USTR) has never shared proposals being advanced by other TPP partners. Today’s consultations are, in many ways, much more restrictive than those under past administrations.

………

Only portions of the text have been provided, to be read under the watchful eye of a USTR official. Access, up until recently, was provided on secure web sites. But the government-run website does not contain the most-up-to-date information for cleared advisors. To get that information, we have to travel to certain government facilities and sign in to read the materials. Even then, the administration determines what we can and cannot review and, often, they provide carefully edited summaries rather than the actual underlying text, which is critical to really understanding the consequences of the agreement.

………

In an effort to diminish criticism, USTR is now letting cleared advisors review summaries of what the negotiators have done. In response to a question about when the full updated text will be made available, we’ve been told, “We are working on making them available as soon as possible.” That’s not the case overseas: Our trading partners have this text, but the government’s own cleared advisors, serving on statutorily-created advisory committees, are kept in the dark.

………

Senator Warren should be commended for her courage in standing up to the President, and Secretary Clinton for raising a note of caution, and I encourage all elected officials to raise these important questions. Working Americans can’t afford more failed trade agreements and trade policies.

Congress should refuse to pass fast track trade negotiating authority until the partnership between the branches, and the trust of the American people is restored. That will require a lot of fence mending and disclosure of exactly what the TPP will do. That begins by sharing the final text of the TPP with those of us who won’t simply rubber-stamp it.

(emphasis mine)

What might be useful here is an amendment to any fast track legislation that says that the full and final text of any agreement, along with all side agreements, must be made available to the public in full for some period of time (I would suggest 6 months, which is enough time for lawyers who make their money on gaming this sort of crap to develop loose lips) before it can be taken up by the Congress.

Senate Dems Don Spelunking Helmets

Senate leaders, after personal intercessions by President Obama, reached an agreement Wednesday on a path to grant the president accelerated power to complete a sweeping trade accord ringing the Pacific Ocean — just a day after fellow Democrats had blocked him.

The larger aim is to secure a 12-nation agreement known as the Trans-Pacific Partnership, spanning the Pacific from Canada and Chile to Japan and Australia and encompassing 40 percent of the world’s economic output. Mr. Obama sees the pact as a central part of his economic legacy, the largest trade deal in two decades and the realization of his foreign policy pivot toward Asia.

It also means money. Major American business interests, from Nike to Boeing and Hollywood to Silicon Valley, want the deal badly. Labor and environmental groups see it as a threat to American workers at the expense of profits.

A series of trade-related votes will begin Thursday and stretch well into next week. The trade promotion authority would give the president the ability to move more quickly on the deal, leaving Congress with the power to vote up or down on the agreement but with no ability to amend it.

I had hoped that they would have at least made it a full day,

Obama Claims That Fast Track Will Not Kill Dodd-Frank. Canadian Files NAFTA Complaint to Kill Volker Rule

Obama calls the claim lubricious, but the government of Canada has moved to exempt its own bonds from the Volker Rule:

In her attacks on Obama’s pending trade deals, Elizabeth Warren has argued that could undermine US financial regulations like Dodd Frank. The Administration has taken to trying to dismiss Warren as not knowing what she was talking about. More skillful defenders of the traitorous trade deals took the tact of saying that Warren could in theory be right, but the odds of her fears playing out were so remote as to not be worth worrying about.

In a long, careful article in the Nation yesterday, George Zornick explains even with the limited information that we have now about the contents of proposed treaties like the TPP and its ugly European step-sister, the TTIP, Warren’s worries are valid. ………

………

But an example of Warren’s concerns came out of left field yesterday, as reported by the Wall Street Journal:

A U.S. rule that prohibits banks from taking risky bets with their own money violates the North American Free-Trade Agreement because it bans U.S. banks from trading triple-A-rated Canadian government debt, Canada’s finance minister said Wednesday…
Canadian concerns about the Volcker rule’s treatment of sovereign debt aren’t new. In 2012, Canada joined European countries and Japan in raising concerns about the law’s reach..

Mr. [Joe] Oliver noted that the Volcker rule reflects concerns about the credit standing of some foreign securities. That concern doesn’t apply to Canada, he said, because Canada’s credit rating is better than the U.S. government and U.S. municipalities…

“I believe—with strong legal basis—that this rule violates the terms of the Nafta agreement,” Mr. Oliver told a securities industry audience in New York that included the U.S. ambassador to Canada, Bruce Heyman. “I hope the United States administration sees that changing the Volcker rule is in its own best interests and that of its biggest trading partner.”

Yep, clearly Obama was right to portray Warren as a hysterical woman over the possibility of the Investor State Dispute Settlement (ISDS) process will never be used to roll back financial regulations.

When juxtaposed with how Mitch McConnell crowing about how a future Republican President will use Fast Track to run impose the Republican agenda:

If we had a Republican president right now, not a single Democrat would vote for Trade Promotion Authority. So what I’ve said to my members, if we want the next Republican president, who we hope will be sworn in less than two years from now, to have a chance to do trade agreements with the rest of the world, this bill is about that president as well as this one.

Fast Track, the TPP, and the TTIP are seen by the Republicans as a weapon to weild.

Achilles Emerges from His Tent

Saying his “desire to serve is stronger than ever,” Democrat Russ Feingold announced Thursday a bid for his old U.S. Senate seat against the Republican who defeated him four and a half years ago — Ron Johnson.

A Johnson-Feingold race would be a rare rematch of Senate opponents, offer voters a stark ideological contrast and easily rank as one of the top Senate races in the country in 2016, fiercely contested by both parties.

Feingold made the announcement in a short video shot at his Middleton home, saying he wanted to “bring back to the U.S. Senate strong independence, bipartisanship and honesty.”

He did not mention Johnson in the video or lay out his campaign message in any detail. He said he was focused on the worries people in Wisconsin have about “their economic well-being.” He also raised a familiar Feingold theme — the role of money in the political process.

“People tell me all the time that our politics in Washington are broken and that multimillionaires, billionaires and big corporations are calling all the shots. They especially say this about the U.S. Senate. And it’s hard not to agree,” Feingold said.

I would expect a Democratic pickup here.

Ron Johnson won in a Republican wave year, and he was to some degree an unknown quantity.

Now, he is known as one of the stupidest guys in the Senate, as well as being a teabagger.

Feingold should have run against Walker in the recall, but he was brooding in his tent at the time.

It Looks Like I Wasn’t the Only One Who Thought That Obama’s Attitude toward Elizabeth Warren Was Sexist

It turns out that the distinguished gentleman from Ohio, Senator Sherrod Brown, found Obama’s statements about Warren and the TPP dismissive in a way that he never would be to male members of congress:

Ohio Sen. Sherrod Brown threw a grenade into the ongoing war of words between Sen. Elizabeth Warren and President Barack Obama, a war that reached new heights with Tuesday’s dramatic setback of Obama’s trade agenda in the Senate.

Brown, one of the top Democratic leaders of the uprising against Obama’s trade push, criticized the president for what the senator saw as “disrespectful” comments toward Warren and suggested that Warren’s gender may have played a role.

When asked how Obama was being disrespectful of the Massachusetts Democrat, Brown replied: “I think by just calling her ‘another politician.’” He continued, “I’m not going to get into more details. I think referring to her as first name, when he might not have done that for a male senator, perhaps? I’ve said enough.”

Particularly when juxtaposed with a former staffer saying of the Obama White House that, “It actually fit all of the classic legal requirements for a genuinely hostile workplace to women,” and his “Sweetie” comment to a female reporter, I think that the burden of proof must be on the President, and not Mr. Brown.

And now Obama, though his proxy White House press secretary Josh Earnest, is not just asking for an apology from Senator Brown, but is insisting that it inevitable that he will eventually apologize.

The word, “Whiny Bitch,” is completely inadequate to describe this.

This Sh%$ Just Got Real on Fast Track

Senate Democrats voted against cloture, 52-47, so the vote failed to reach the 60 vote threshold:

President Obama collided with his own party Tuesday when Senate Democrats stalled consideration of a trade measure that would give the administration greater authority to negotiate more freely with other countries.

The Senate vote was a sharp blow to the president’s efforts to win approval for a new Asia-Pacific trade bill that has emerged as a top agenda item for Obama. Only one Democratic senator, Thomas R. Carper of Delaware, voted with the president Tuesday.

Administration officials and Republican leaders immediately said they would bring a measure back to the Senate floor.

But the setback highlighted the president’s failure to convince Democratic lawmakers, labor union leaders and environmental groups that the 12-nation trade deal known as the Trans-Pacific Partnership would help the U.S. economy. Obama has argued that the pact would open markets, promote better labor conditions abroad and protect endangered species and the environment.

I called both of my Senators this morning to ask them to vote now and to vote against cloture.

For the next round, you should do the same.

What didn’t help was Obama’s belittling, and quite frankly chicken sh%$ dismissal of Elizabeth Warren’s concerns:

………

What began with a slight jab at Warren’s trade views — “She’s wrong on this,” Obama told MSNBC three weeks ago — has escalated into a series of daily barbs and retorts carried out on cable TV and Internet interviews, on radio shows and from the official podium at the White House.

Over the weekend, Obama used a rather harsh turn of phrase — “a politician like everybody else” — against Warren, who has carefully constructed an image as a principled voice in the wilderness taking unpopular political stands to help the voiceless working class.

Warren returned fire in interviews and appearances Monday and Tuesday, accusing the president of duplicity because he “won’t actually let people read the agreement” before Tuesday’s procedural vote in the Senate.

………

Allies of Warren were taken aback by the personal nature of the president’s remarks.

“I think the president was disrespectful to her, the way he did that. I think the president has made this more personal than he needed to,” Sen. Sherrod Brown (D-Ohio), who has led opposition to the trade legislation, told reporters after Tuesday’s vote.

Brown said that some of Obama’s comments were perceived as insults directed not only at Warren but also at other Democratic opponents of the trade deal.

I haven’t heard this about Sherrod Brown, or about Bernie Sanders, or other male Senators.

The Obama administration, and Barack Obama, have a long history of being dismissive of women, with one former aide describing his administration as, “This place would be in court for a hostile workplace. … Because it actually fit all of the classic legal requirements for a genuinely hostile workplace to women“. (See also “sweetie“)

In addition to allowing his sexism to show, Obama also was stupid about this, because it is precisely the sort of behavior that gets every Senator’s back up.

I’m happy about this development, though I am concerned that I am on the same side of this as the right wing morons at Pajamas Media, who are, “Rooting for the Democrats to Block Obama’s ‘Fast Track’ Deal.”

Truth be told, part of the nearly unanimous opposition of the Democrats for cloture is not as significant as it seems, as some of the Democrats want to attach related provisions to the vote:

According to Democratic leadership aides, Senators Harry Reid of Nevada, the Democratic leader, and Chuck Schumer of New York, the No. 3 Democrat, have proposed a compromise to Republican leaders: First, hold a separate vote on legislation aimed at discouraging so-called currency manipulation by American trading partners, which could be vetoed by the president. Then, wrap the fast-track authority he is seeking with a more encompassing bill, including assistance for displaced workers, extension of an African trade accord and other trade enforcement measures.

That offer could be the path forward, given that at least eight Democrats who normally embrace trade deals voted no on Tuesday.

So the votes may shift in the next few days.

A note for Delaware voters, there was only one Democratic Senator who voted for cloture, Delaware’s Tom Carper.

Delaware primary voters, and anyone interested in donating to his campaign, please take note.

Throw a Case with a Dead Black Man, and Get Elected to Congress

Something is seriously wrong with Staten Island:

The Staten Island district attorney, Daniel M. Donovan Jr., whose office investigated [Covered Up] the chokehold death of Eric Garner in a struggle with the police last year, easily won a special election for the House of Representatives on Tuesday, according to unofficial results.

He threw it all at a grand jury with no direction, and then fought like hell to make sure that the grand jury testimony never saw the light of day.

He didn’t think that a black man’s death at police hands warranted a serious investigation.

With nearly all precincts reporting, Mr. Donovan, a Republican, was leading with nearly 60 percent of the vote, compared with about 39 percent for Councilman Vincent J. Gentile, the Democratic candidate, in the race to represent the 11th Congressional District. It covers Staten Island and parts of Brooklyn.

The victory makes Mr. Donovan the lone Republican from New York City in the House.

Mr. Donovan, in his victory speech, cast his election as a rebuke to Democrats in Washington and New York, including Mayor Bill de Blasio, who is widely disliked on Staten Island.

“You sent a message to President Obama, to Nancy Pelosi and, yes, even to Bill de Blasio, that their policies are wrong for our nation,” Mr. Donovan said. “They’re wrong for our city and they’re wrong for the community of the 11th Congressional District.”

Conceding defeat, Mr. Gentile declared his campaign a moral success for “starting a real conversation” about bringing political change in the district. “I want to say loudly that our work is not yet over,” he said.

The seat has been vacant since January, when the previous representative, Michael G. Grimm, a Republican, resigned after pleading guilty to tax fraud.

The election — held under unusual circumstances because of Mr. Grimm’s abrupt resignation and lingering tension around the Garner case — never developed into a heated contest. National Democrats, who were bitterly disappointed after spending millions of dollars in an unsuccessful effort to defeat Mr. Grimm in 2014, never got involved on Mr. Gentile’s behalf.

………

Neither candidate spoke often about the Garner case, which prompted demonstrations across New York and other cities late last year when a grand jury declined to indict a police officer who was captured on video placing Mr. Garner in a chokehold.

Mr. Donovan defended his office’s handling of the matter, expressing sympathy for the Garner family but saying that his team had managed the grand jury properly. He declined to answer detailed questions about the case, citing laws governing grand jury secrecy.

Mr. Gentile did not raise it because he believed that caring about a dead black man would not play well with the Staten Island voters.

 Mr. Donovan won because Mr. Gentile was right.

Some People Use The Handmaiden’s Tale as a Manual

And they seem to be overwhelmingly Republicans:

Late Thursday night, the House of Representatives voted in favor of “H.J.Res. 43: Disapproving the action of the District of Columbia Council in approving the Reproductive Health Non-Discrimination Amendment Act of 2014.” If enacted, the legislation would make using employer-based health insurance for in vitro fertilization or birth control pills a fireable offense in Washington, D.C.

Planned Parenthood has been mobilizing its network against the bill. “Your boss shouldn’t be able to fire you for using birth control,” the organization states.

………

Also on the floor last night, Representative Nancy Pelosi (D-CA) dubbed H.J.Res. 43 “Hobby Lobby on steroids,” Representative Sheila Jackson Lee (D-TX) called for D.C. statehood from the house floor, and numerous Republicans defended “religious freedom.”

………

With support from 225 Republicans and 3 Democrats, the U.S. Congress moved to overturn a democratically enacted law in the District of Columbia for the first time in more than 20 years.

As an FYI, the Democrats voting for this are:

  • Dan Lipinski (IL-3)
  • Henry Cuellar (TX-28)
  • Colin Peterson (MN-7)

The distinguished gentleman from Minnesota is one of the founders of the Blue Dogs, Cuellar was Rick Perry’s and George W. Bush’s “Democrat” BFF, and Dan Lipinski is a right wing nut-job who got his job by nepotism when the Illinois Democratic party cleared the primary for him.

These are folks that the Democrats would be better off without, even if these seats were taken by Republicans.

They all need aggressive primary challenges, because there needs to be a certain level of party discipline, even in the Democratic party.

So Not a Surprise

You know those “Cybersecurity” bills that are supposed to protect our data and our privacy?

Not so much:

Cybersecurity legislation advancing in Congress could create the first brand-new exemption to the Freedom of Information Act in nearly half a century—a prospect that alarms transparency advocates and some lawmakers.

A bill approved by the Senate Intelligence Committee last month would add a new tenth exemption to FOIA, covering all “information shared with or provided to the Federal Government” under the new measure.

Another provision in the legislation would require that “cyber threat indicators and defensive measures” which companies or individuals share with the federal government be “withheld, without discretion, from the public.” The Senate bill, which is expected to come to the floor soon, also seeks to shut off any access to that information under state or local freedom of information laws.

Two cybersecurity bills are expected to be taken up on the House floor as soon as this week. Both contain similar language about keeping confidential threat and defensive measure information turned over to the government. However, a new FOIA exemption that was in the House Intelligence Committee cyber bill was taken out, a spokesman confirmed Friday.

In an official Senate Intelligence Committee report made public over the weekend, two Democratic members of that panel objected to the new FOIA exemption, which would be the first brand-new exemption added to the landmark transparency legislation since 1967.

“We are unconvinced that it is necessary to create an entirely new exemption to the Freedom of Information Act, or FOIA,” Sens. Martin Heinrich (D-N.M.) and Mazie Hirono (D-Hawaii) wrote in a statement accompanying the panel’s report on the cyber bill. “Government transparency is critical in order for citizens to hold their elected officials and bureaucrats accountable; however, the bill’s inclusion of a new FOIA exemption is overbroad and unnecessary as the types of information shared with the government through this bill would already be exempt from unnecessary public release under current FOIA exemptions.”

………

Critics say the proposed new FOIA exemption could allow companies to block disclosure of virtually any information by anyone in the government simply by submitting that information to the new cybersecurity portal. McDermott said the narrower provisions were also troubling and have mandatory language that could preclude the government from releasing cyber-related information even when needed to warn about a danger to the general public.

McDermott also said it would set a bad precedent if a bill creating an entirely new FOIA exemption made it into law without passing through the panels which oversee that law in each chamber.

“By authorizing a new exemption to the FOIA through a committee other than the committees of jurisdiction….you’ve undermined FOIA,” she warned.

Not surprised that the Obama administration likes this a lot. His history as President is one of being a cheerleader for the overarching security state, and his jihad on whistle blowers is a national disgrace.

Call Your Congresscritter

It looks like the Obama administration is planning to submit a fast track bill next week.

If this passes, expect the TPP (Trans Pacific Partnership) and (TTIP) Trans-atlantic Trade and Investment Partnership to follow soon after, and it both deals will pass under fast track, because there will be no meaningful public discussion:

Senators will introduce trade promotion authority legislation next week, a top Obama administration official said Thursday.

Commerce Secretary Penny Pritzker expects a “fast-track” bill to be introduced early next week in the Senate and said in a call with reporters that she is “anxiously awaiting to see the language.”

Pritzker is the first administration official to suggest a firm timeline for legislation that would grant President Obama “fast-track” powers for negotiating trade deals.

Speculation has been swirling about when the Senate Finance Committee would start moving on a bill.

Senate aides have said negotiations between Finance Committee Chairman Orrin Hatch (R-Utah) and ranking member Ron Wyden (D-Ore.) are making progress but that no deal had been struck.

The TPP and the TTIP suck.

They favor big big banks, big pharma, and big content over ordinary people, labor rights, environmental protection, and democracy.

As a bonus, it also appears that it would make state owned banks like the Bank of North Dakota, which has saved taxpayers millions, illegal. (It would probably make a US Post Office bank, which would serve to rescue poor Americans from predatory check cashing operations, illegal as well).

Background here.

Call, and tell them to vote no, and tell them that if they vote yes, you will not vote for them ever, in any election, primary or general.

This is particularly important if your Congressmen are Democrats, because there will be a full court press from the Obama administration, which supports fast track, and has negotiated the TPP and TTIP on this. They will argue that the credibility of the President depends on this.

If your Congressmen are Republicans, call and sound like a wingnut who will never forgive them for supporting that Kenyan Muslim Marxist Atheist Tyrant.  (The more unhinged you sound, the better)

You can make email contact from here, but a phone call (The Congressional switchboard number is (202) 224-3121), or a letter sent through the mail probably have more impact.

US Senator from New Jersey Indicted ……… Why am I not Surprised?

This indictment has been telegraphed for months, but the balloon has finally gone up, and New Jersey Senator Robert Menendez has been indicted on corruption charges:

Senator Robert Menendez of New Jersey was indicted on bribery charges on Wednesday in what prosecutors said was a scheme to trade political favors for luxury vacations, golf outings, campaign donations and expensive flights.

The indictment, the first federal bribery charges against a sitting senator in a generation, puts Mr. Menendez’s political future in jeopardy. He faces a possible sentence of 15 years in prison for each of the eight bribery counts.

Mr. Menendez, a Democrat, angrily denied wrongdoing and vowed to fight the charges. “This is not how my career is going to end,” he said at a news conference in Newark, where supporters cheered him. “Today contradicts my public service career and my entire life.”

The federal investigation into Mr. Menendez, 61, was well known, and charges had been expected. But the accusations in the 68-page indictment are much broader and more severe than had been publicly known. The senator was also charged with conspiracy and making false statements.

The charges revolve around Mr. Menendez’s relationship with Dr. Salomon E. Melgen, a wealthy Florida eye surgeon and political benefactor. Dr. Melgen resisted entreaties by the Justice Department to testify against Mr. Menendez and was ultimately charged alongside him.

Prosecutors described Mr. Menendez’s offices on Capitol Hill as a hub of corrupt dealings, a place where the senator used his chief of staff to solicit gifts from Dr. Melgen, find out what he wanted in return and make sure it got done.

The indictment also reveals how the rise of super PACs, unleashed by the Supreme Court’s Citizens United decision and subsequent legal changes, have opened a new channel for the wealthy to trade campaign cash for official favors.

Through his company, Vitreo-Retinal Consultants, Mr. Melgen directed $700,000 in corporate contributions to Majority PAC, a super PAC intended to help Democrats retain control of the Senate. Mr. Melgen instructed the group to use those contributions to aid Mr. Menendez’s 2012 re-election campaign.

………

Mr. Menendez is the first senator to face federal bribery charges since another New Jersey Democrat, Harrison A. Williams Jr., was indicted in 1980 as part of the federal corruption investigation known as Abscam. In 2002, an ethics scandal deterred Senator Robert G. Torricelli, Democrat of New Jersey, from a re-election bid.

Honestly, if Menendez leaves the Senate, I will shed no tears.

His thing is primarily foreign policy, he is the ranking member of the Foreign Relations Committee, and he is almost as hawkish as McCain and Graham, which makes him a raving lunatic.

OK, This Idea Makes Sense

It is clear that Elizabeth Warren is not interested in running for President.

It is clear that Elizabeth Warren does not want to run for President.

However, with Harry Reid retiring, the recent moves by liberal organizations to promote Elizabeth Warren as the next Democratic Senate leader seems a good idea.

Unfortunately, Warren appears to have eschewed this idea:

Senate Minority Leader Harry Reid’s (D-Nev.) announcement Friday that he will not seek reelection next year has progressive groups licking their chops at the prospect of seeing Sen. Elizabeth Warren (D-Mass.) as the Democratic leader.

New York Sen. Charles Schumer, currently Democrats’ No. 3 in the Senate, is the heavy favorite to succeed Reid, but progressive groups have other ideas.

Democracy for America (DFA) is urging Warren to run for president, but says that if she passes, they’d back her or someone from her wing of the party as the next Democratic leader in the Senate.“There are real concerns about whether Chuck Schumer should be the frontrunner for leadership in the Senate among progressives,” DFA spokesman Neil Sroka told The Hill. “The Wall Street wing of the party, that Chuck has been close to, is dying, and the Warren wing is rising. So if Sen. Warren chooses not to run for president … she should run for leader of the Senate. She’d make a great leader.”

The Progressive Change Campaign Committee echoed that sentiment, predicting the race for Democratic leader won’t be a coronation for the establishment members of the party believed to be next in line.

“Her lifetime of fighting for the little guy against Wall Street power … shows she can think big, wage tough fights against powerful interests, and win key votes in the Senate,” the PCCC said in a statement. “She’s the definition of a leader. … There will likely not be a coronation to replace Harry Reid as Senate Democratic Leader, and Elizabeth Warren is right up there with others as someone who would be taken very seriously.”

Warren’s office on Friday morning said she would not run for the leader’s spot.

(emphasis mine)

I really do hope that it is someone other than Chuck Schumer though, he is basically Wall Street’s rent boy.