Bloomberg View

Passthrough (Presidential Potsherd)

#PresidentPotsherd | #WhatTheyVotedFor

President-elect Donald Trump delivers his first official news conference since winning the November election, 11 January 2017 in New York City. (Photo: Spencer Platt/Getty Images)

“I assume ‘let’s blame Obama’ will become a popular rallying cry in far-right circles, because it’s vastly easier than dealing with the facts.”

Steve Benen

It is not quite correct to ask who is surprised. In truth, nobody ought to be surprised. Still, though, if we inquire, for the sake of some decent societal form, what brought on Mr. Benen’s line, well:

This week, the president has moved on to a new explanation: this is all Obama’s fault. USA Today reported this morning:

President Trump said that former president Barack Obama is “behind” the angry protests that have erupted at Republican town halls around the nation during an interview on the Fox News morning program Fox and Friends scheduled to air Tuesday morning.

“I think he is behind it,” Trump said when asked about Obama’s role in the protests. “I also think it’s politics. That’s the way it is.

“No, I think that President Obama is behind it,” Trump said, “because his people are certainly behind it and some of the leaks, possibly come from that group, some of the leaks – which are really very serious leaks because they’re very bad in terms of national security – but I also understand that’s politics. And in terms of him being behind things, that’s politics. And it will probably continue.”

This is, in many ways, the perfect Donald J. Trump Conspiracy Theory.

And this is the Donald J. Trump administration, after all.

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Something to Keep in Mind (Minimumawecity Mix)

McPoverty protesters outside Wendy's restaurant on Lake City Way in Seattle on Thursday, Feb. 20. (Photo: Joshua McNichols/KUOW)

Barry Ritholtz, for Bloomberg:

Consider as an example what Mark Perry, at the American Enterprise Institute, wrote a month before the first phase of Seattle’s new minimum-wage law went into effect. The city’s “government-mandated wage floor … guarantees reduced employment opportunities for many workers.”

As one of my colleagues wrote last week, the “unemployment rate in the city of Seattle―the tip of the spear when it comes to minimum wage experiments―has now hit a new cycle low of 3.4%.” Meanwhile, a University of Washington study on the minimum wage law found little or no evidence of job losses or business closings.

Although you can never declare a game over until the final whistle, this experiment is starting to look like a rout.

Given the strangely anti-labor mood in which Americans find themselves, remember this when we start hearing about what a bad idea a useful minimum wage is supposed to be.

____________________

Image note: McPoverty protesters outside Wendy’s restaurant on Lake City Way in Seattle on Thursday, 20 February 2016. (Photo: Joshua McNichols/KUOW)

Ritholtz, Barry. “Minimum-Wage Foes Tripped Up by Facts”. Bloomberg View. 7 December 2016.

The Szubin Question (Forty-Seven Rise Again Remix)

Sen. Richard Shelby (R-AL) speaks with reporters before the Senate luncheons in the Capitol, 15 May 2012. (Photo: Tom Williams/CQ Roll Call)

“It’s grossly irresponsible of McConnell and his colleagues to keep government from doing what they say it should do: operate efficiently and protect its citizens.”

Jonathan Bernstein

Perhaps some recall an occasion not so long ago when the United States faced such a potential health crisis that small-government conservatives, Republicans who purport to disdain the idea of an American czar, called for President Obama to appoint a new policy czar to deal with Ebola.

The White House, Democratic supporters, and many others pointed out that the Senate could start by simply confirming the nominated Surgeon General; Vivek Murthy’s nomination languished for over a year because Republicans objected to the idea that gunshot wounds are a health issue.

With a potential health crisis pitching Republicans into panic, they sought another executive-appointed czar, instead of confirming a qualified nominee to lead the uniformed service whose job it is to respond to public health threats.

The president already has a “czar” to deal with Daa’ish; his name is Brett McGurk, and last month he replaced Gen. John Allen (USMC, Ret.) as Special Presidential Envoy for the Global Coalition to Counter ISIL”, but he also needs his Undersecretary of the Treasury for terrorism and financial crimes, currently occupied as an interim appointment for over two hundred days because Senate Republicans refuse to slate his confirmation hearing.

Szubin’s nomination got a hearing before the Senate Banking Committee on Sept. 17, and Chairman Richard Shelby (R-Ala.) praised his past work in countering terrorist financing during his time with both Republican and Democratic administrations.

“He is eminently qualified for this,” Shelby said at the time.

But Szubin’s nomination hasn’t moved since. There’s no clear reason why, beyond trying to make it difficult for President Barack Obama to fill administration posts.

“Treasury must have in place an experienced watchdog, with the know-how and authority to lead U.S. efforts to track and choke off the financial lifeblood of terrorist organizations,” Sen. Sherrod Brown (D-Ohio), the top Democrat on the Banking Committee, said Wednesday. “Republicans in Congress need to stop holding our national security apparatus hostage to political demands, and allow Adam Szubin and other national security nominees to be approved as soon as possible.”

A Shelby spokeswoman did not respond to a request for comment.

Don Stewart, spokesman for Senate Majority Leader Mitch McConnell (R-Ky.), noted that Republicans recently lined up a confirmation vote on a separate nominee, Gayle Smith, for USAID administrator, but couldn’t say when Szubin might move.

Stewart dinged Democrats for “politicizing Paris” with this week’s push on stalled national security nominees.

(Bendery)

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A Betrayal

Mitch McConnell

Yesterday, Steve Benen described what he sees as a “silent governing failure” of Senate Majority Leader Mitch McConnell. Following a Huffington Post report that the Senate would, under his leadership, become even less productive and more intransigent about the federal judiciary, Mr. Benen reminded:

Now, some of you are probably thinking this is normal. President Obama’s second term is starting to wind down; the opposition party controls the Senate; so it stands to reason that the GOP majority would scrap plans to confirm qualified court nominees. Perhaps, the argument goes, McConnell is doing exactly what Democrats did when they had a similar opportunity.

It would be a credible argument if it were in any way true.

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A Kansas Education

Great Seal of Kansas (detail)

This is a grim joke, I admit: Closing schools early in order to underwrite tax breaks for the wealthy is an exercise in building character.

I have a daughter; it is unclear if “character building” has any significance to her generation beyond a Calvin & Hobbes punch line.

In this photo taken Sept. 6, 2014, Kansas Gov. Sam Brownback speaks in Hutchinson, Kansas. The writing is on the wall for gay marriage bans in Kansas, Montana and South Carolina after federal appeals courts that oversee those states have made clear that keeping gay and lesbian couples from marrying is unconstitutional. But officials in the three states are refusing to allow same-sex couples to obtain marriage licenses without a court order directing them to do so. It could be another month or more before the matter is settled. In a political campaign debate Monday, Brownback vowed to defend his state’s constitutional amendment defining marriage as between a man and a woman. A federal court hearing is scheduled for Friday.(AP Photo/Charlie Riedel)Controversial Republican economist Arthur Laffer was recently asked about his handiwork in Kansas. It was Laffer who crafted Gov. Sam Brownback’s (R) radical – and radically unsuccessful – economic experiment, which has failed to deliver on its promises and which has ruined Kansas’ finances.

“Kansas,” Laffer said two weeks ago, “is doing fine.”

“Fine” is a subjective word, though when a state finds that some of its schools don’t have enough money to keep the doors open, it’s safe to say everything isn’t “fine.”

Six school districts in Kansas will close early this year, following budget cuts signed in March by Republican Gov. Sam Brownback.

Two school districts, Concordia Unified School District and Twin Valley Unified School District, announced earlier this month that they would end the year early because they lacked the funds to keep the schools open. This week, four more districts confirmed they would also shorten their calendars, according to the Topeka Capital-Journal.

One superintendent told the Topeka Capital-Journal he doesn’t want to permanently change the school calendar, but at least for this year, budget concerns made it necessary to wrap up early.

(Benen)

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Sabotage, or, How Republicans Love America

Rep. Tom Cotton (R-AR4) is running for the United States Senate in 2014.

We have reached the point where Senate Republicans are actively working to subvert American foreign policy.

A group of 47 Republican senators has written an open letter to Iran’s leaders warning them that any nuclear deal they sign with President Barack Obama’s administration won’t last after Obama leaves office.

Organized by freshman Senator Tom Cotton and signed by the chamber’s entire party leadership as well as potential 2016 presidential contenders Marco Rubio, Ted Cruz and Rand Paul, the letter is meant not just to discourage the Iranian regime from signing a deal but also to pressure the White House into giving Congress some authority over the process.

“It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system … Anything not approved by Congress is a mere executive agreement,” the senators wrote. “The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.”

(Rogin)

Is this really a precedent Republicans want to set? Are they really prepared for the consequences of trying to usurp foreign policy from its Constitutionally-assigned executive purview? How might they react, in some future presidency, if Congressional Democrats tell the world that they do not intend to allow a Republican president to negotiate in good faith?

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The Main Attraction?

Speaker of the House John Boehner (R-OH8)

“Just because some Republicans want to pretend that before January 2009 presidential power had been limited to pardoning Thanksgiving turkeys doesn’t mean they are right.”

Jonathan Bernstein

And the hits keep coming. ‘Tis a bold headline for Bloomberg View: “Boehner Betrays Congress”, and Jonathan Bernstein leaves little room for doubt about his perceptions:

I’ll say it again: Speaker John Boehner and House Republicans aren’t asking for authority to be returned from the White House to Congress. They want an imperial judiciary that could trump either of the elected branches.

Jonathan Bernstein (via BloombergView)In a system of separated institutions sharing powers, which is what the Constitution created, all three branches do things that look a lot like legislating, but laws can trump administrative or judicial rule-making. That gives Congress serious clout within the system. This lawsuit, however, is an abdication of that clout. In effect, it says that the courts, not Congress, should have the last word when there’s a dispute between branches.

Filing this lawsuit amounts to institutional treason. Boehner and House Republicans should be ashamed. The rest of us can only hope that the courts rescue them by keeping to precedent and tossing this lawsuit into the garbage.

To the other, the suit is filed. In a way, that is actually surprising. It is not quite that it seems like yesterday that House Republicans found themselves in need of a new lawyer after the one they hired quit the case, owing to the sort of political pressure one’s law firm might apply when one is about to publicly humiliate the firm with an act of juristic malpractice; it wasn’t yesterday, but two months ago. After hyperpartisan lawyer David Rivkin quit the case for having bitten off too much hyperpartisanship for his firm, Baker Hostetler, to chew, the GOP turned to William A. Burck of Quinn Emanuel Urquhart & Sullivan, who had just finished the laborious task of failing to defend former Virginia First Lady Maureen McDonnell.

Late last month, then, we learned that Mr. Burck was also stepping down. Josh Gerstein and Maggie Haberman of Politico summarized the situation thus:

Rivkin’s firm withdrew in September after health-care-related clients pressured the firm to back out of representing the House in the Obamacare-related suit. Two sources told POLITICO in recent days that a similar scenario played out with Burck’s firm, with clients bringing pressure to get the firm off the case.

How about three days ago? Is that close enough to feel like yesterday? For whatever reason, Jonathan Turley of George Washington University decided to take up the case. Lauren French of Politico reported ot Tuesday:

“Professor Turley is a renowned legal scholar who agrees that President Obama has clearly overstepped his constitutional authority,” said Michael Steel, a spokesperson for Speaker John Boehner. “He is a natural choice to handle this lawsuit” ....

.... “Even for $500-per-hour in taxpayer dollars, Speaker Boehner has had to scour Washington to find a lawyer willing to file this meritless lawsuit against the president,” said Drew Hammill, a spokesperson for Minority Leader Pelosi. “Now, he’s hired a TV personality for this latest episode of his distraction and dysfunction.”

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