Kevin Drum

A Brief Reminder: Presidential Distance from DOJ and the IRS is a Good Thing

| Mon May. 20, 2013 8:06 AM PDT

Dave Weigel notes that one particular conservative talking point has clearly caught on:

Score one for Republicans: The White House's insistence that Obama learned of every scandal "by reading the news" has become a punchline.

To the extent that this is just political attack-doggery, I don't really care about it. It's what you expect when the opposition party smells chum in the water. But we've been hearing this from mainstream reporters too, and it's a whole lot less defensible there. Chris Matthews, for example, was howling the other day about Obama's ignorance of the AP phone record subpoena, which he thought was indefensible. "You don't think Bobby would have called Jack?" he asked incredulously. And he's right: Bobby would have called Jack. And that would have been wrong, which is why the Justice Department is now kept at a much greater distance from the White House. This is universally considered a good thing, which explains Jay Carney's "Are you serious?" when he was asked about this by reporters a few day ago. Surely we haven't forgotten so soon after Watergate exactly why we prefer for the president to be kept very far away from criminal investigations?

Ditto for the IRS, which for similar reasons is an agency that we've deliberately set up to be independent of the president. We don't want the president to have any influence over the IRS, and we don't want him kept apprised of the details of ongoing inquiries. It would have been a scandal if Obama had known any details about the IG investigation of the IRS's tea party targeting.

By chance, two of our three current "scandals" happen to involve agencies that we really do want to retain their independence from the president. (Benghazi is different, but there's no scandal there in the first place.) As the feeding frenzy moves into high gear, I hope everyone remembers this. Ask all the tough questions you want, but let's not pretend, even jokingly, that Obama should have known more about investigations at DOJ or the IRS. That's exactly the opposite of what we want.

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Who is the Most Reviled Person in America?

| Sun May. 19, 2013 5:43 PM PDT

Here is the LA Times describing how the tea party targeting scandal at the IRS got its start:

In March 2010, a manager in a Cincinnati determinations unit asked a screener to get a handle on the issue, according to the report from the Treasury Department's inspector general for tax administration. The agent started pulling applications with political-sounding names, such as "tea party" and "patriots."

And just who is this screener? Here's the New York Times:

For months, the Tea Party cases sat on the desk of a lone specialist, who used “political sounding” criteria — words like “patriots,” “we the people” — as a way to search efficiently through the flood of applications for groups that might not qualify for exemptions, according to the I.R.S. inspector general. 

....It is not yet clear which manager in Cincinnati asked for an initial keyword search of Tea Party applications, Congressional aides said. One of the employees that the House committee is seeking to interview this week, Joseph Herr, had been a manager in charge of the group of specialists in Cincinnati from its inception through August 2010, according to the aides.

So we don't yet know who this poor schmoe is. But we're going to subpoena Joseph Herr and make him tell us! And when that happens, this mysterious lone specialist will officially become the most reviled person in America. I can hardly wait.

BY THE WAY: Both of these pieces are well worth reading. They are among the first in what is quickly becoming a whole new subgenre: the story about how the Cincinnati office of the IRS is completely and totally FUBARed. I expect this to culminate in a 20,000-word piece in the New Yorker.

Friday Cat Blogging - 17 May 2013

| Fri May. 17, 2013 11:37 AM PDT

On Tuesday evening, one of my bicep muscles started misfiring. Every minute or so it would vibrate or spasm for a few seconds. But it only happened if I was sitting in a few specific places. Wednesday evening it happened again. Thursday it happened again, except it didn't go away. It just kept vibrating all evening. I got into bed and it started vibrating even more. I think it finally wore itself out around 4 am. So no sleep for me last night. Plus my bicep is still vibrating a bit, and I woke up with a massive headache. If today's blogging seemed a little subpar, that's why.

I'm getting seriously annoyed at growing old. Are more of my muscles going to start misfiring like this periodically? Or will some other random body failure attack me next?

I dunno. Maybe it was just a sympathetic reaction toward Domino, who was a little under the weather this week. She seems to be fine now, though. You can see her below. We tossed the comforter off our bed a couple of weeks ago when the weather warmed up, and ever since then Domino has claimed it as her little princess-and-the-pea napping spot. She's really quite taken with it, even if it does require her to jump a little higher than she'd like in order to get to it.

Getting By in America

| Fri May. 17, 2013 11:18 AM PDT

The latest from Gallup:

The federal poverty threshold for a family of four is just under $24,000; however, Americans believe such a family unit living in their community needs more than double that — $58,000, on average — just to "get by.

Hmmm. By coincidence, that's almost exactly the median income of an American family. It makes you suspect that most people think their own income, by definition, is just barely enough to get by. Turns out that's almost the case:

Adults in households earning less than $30,000 think it takes an average of $43,600 to get by. However, the estimate rises to $55,100 among those earning between $30,000 and $74,999, and to $69,400 among those making $75,000 or more.

Poor people think they need a bit more than their own income; middle class folks think their own income is just barely sufficient; and upper middle folks are willing to concede that they could get by on slightly less than they make. Still, to a pretty close approximation, whatever income we make turns out to be the income we consider barely sufficient.

Filibuster Reform in July?

| Fri May. 17, 2013 10:23 AM PDT

Greg Sargent reports that once immigration reform is safely finished (or killed, as the case may be), Harry Reid plans to revisit the topic of filibuster reform:

Senate Majority Leader Harry Reid is increasingly focused on the month of July as the time to exercise the so-called “nuclear option” and revisit filibuster reform....Reid has privately consulted with President Obama on the need to revisit filibuster reform, and the President has told the Majority Leader that he will support the exercising of the nuclear option if Reid opts for it, the aide says.

....Reid is eyeing a change to the rules that would do away with the 60-vote threshold on all judicial and executive branch nominations, the aide says, on the theory that this is a good way to immediately break an important logjam in Washington — without changing the rules when it comes to legislation.

....Reid views three upcoming nominees as a key test for whether he will exercise the nuclear option: Richard Cordray to head the Consumer Financial Protection Bureau; Thomas Perez as secretary of labor; and Gina McCarthy to head the Environmental Protection Agency. If Republicans block those three nominees, the aide tells me, “then our position will be very easy.”

So is Reid really planning to do this? Or is this merely a shot across the bow, warning Republican not to block Cordray, Perez, and McCarthy? Hard to say. But I think it's unlikely that Republicans will allow Cordray's nomination to go forward, since they're blocking him mainly as a way of blocking the operation of the CFPB itself. More than likely, then, they'll call Reid's bluff. Then we'll find out just how serious he is.

Here's Why the Government Went Ballistic Over the AP Leak

| Fri May. 17, 2013 10:01 AM PDT

The subpoena of AP phone records over what seems like a fairly routine leak has puzzled me from the start. Why did the administration go so ballistic over this? Today, the LA Times helps me understand what was going on. Apparently the leak compromised the efforts of an al-Qaeda mole who had been recruited by British intelligence and was one of our prized assets:

His access led to the U.S. drone strike that killed a senior Al Qaeda leader, Fahd Mohammed Ahmed Quso, on May 6, 2012. U.S. officials say Quso helped direct the terrorist attack that killed 17 sailors aboard the U.S. guided-missile destroyer Cole in a Yemeni harbor in October 2000.

The informant also convinced members of the Yemeni group that he wanted to blow up a U.S. passenger jet on the first anniversary of the U.S. attack that killed Osama bin Laden in Pakistan. They outfitted him with the latest version of an underwear bomb designed to pass metal detectors and other airport safeguards, officials say.

The informant left Yemen and delivered the device to his handlers, and it ultimately went to the FBI's laboratory in Quantico, Va. Intelligence officials hoped to send him back to Yemen to help track more bomb makers and planners, but the leak made that impossible, and sent Al Qaeda scrambling to cover its tracks, officials said.

Jack Shafer speculates a bit further:

The AP states in the article that it published only after being told by “officials” that the original “concerns were allayed.”....That may be the case, but the government was still incensed by the leak. In fact, it appears that officials were livid. As my Reuters colleagues Mark Hosenball and Tabassum Zakaria reported last night, the government found the leak so threatening that it opened a leak investigation before the AP ran its story.

Now, what would make the Obama administration so furious? My guess is it wasn’t the substance of the AP story that has exasperated the government but that the AP found a source or sources that spilled information about an ongoing intelligence operation and that even grander leaks might surge into the press corps’ rain barrels.

And that's the key. The AP story itself didn't mention anything about a double agent. But apparently, the fact that AP had found itself a leaker got officials scared that the existence of the mole might become public. And as Shafer documents at length, that's exactly what happened:

What not for the U.S. government to like here?

To begin with, the perpetrators of a successful double-agent operation against al Qaeda in the Arabian Peninsula would not want to brag about their coup for years. Presumably, al Qaeda in the Arabian Peninsula will now use the press reports to walk the dog back to determine whose misplaced trust allowed the agent to penetrate it. That will make the next operation more difficult. Other intelligence operations — and we can assume they are up and running — may also become compromised as the press reports give al Qaeda in the Arabian Peninsula new clues.

Likewise, the next time the CIA or foreign intelligence agency tries to recruit a double agent, the candidate will judge his handlers wretched secret keepers, regard the assignment a death mission and seek employment elsewhere.

Last, the leaks of information — including those from the lips of Brennan, Clarke and King — signal to potential allies that America can’t be trusted with secrets. “Leaks related to national security can put people at risk,” as Obama put it today in a news conference.

The ultimate audience for the leaks investigation may not be domestic but foreign. Obviously, the government wants to root out the secretspillers. But a country can’t expect foreign intelligence agencies to cooperate if it blows cover of such an operation. I’d wager that the investigations have only begun.

You can decide for yourself whether the government's reaction to all this was reasonable and proper. But for the first time I feel like I understand what might have motivated them, and I thought I'd pass that along.

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Competitive Pricing in Oregon is a Test Case for Obamacare

| Fri May. 17, 2013 7:32 AM PDT

Bad news about the implementation of Obamacare seems to pop up relentlessly. So here's some good news to balance it out. Once the exchanges get up and running, insurance companies for the first time will be offering similar products with very public prices, and in Oregon those prices vary from $169 a month to $422 a month for the same standard plan. Here's what happened last week when those prices went online:

On Thursday, a comparison of proposed 2014 health premiums became public online, causing two insurers to request do-overs to lower their rates even before the state determines whether they're justified.

The unusual development was sparked by a comparison that used to be impossible because plan benefits varied so widely. But under the federal reforms that take effect Jan. 1, health insurance is mandated and every insurer must offer certain standard plans.

....Providence Health Plan on Wednesday asked to lower its requested rates by 15 percent. Gary Walker, a Providence spokesman, says the "primary driver" was a realization that the plan's cost projections were incorrect. But he conceded a desire to be competitive was part of it.

A Family Care Health Plans official on Thursday said the insurer will ask the state for even greater decrease in requested rates. CEO Jeff Heatherington says the company realized its analysts were too pessimistic after seeing online that its proposed premiums were the highest.

The news isn't all good. Overall, rates in the individual market are likely to go up because insurance companies have to cover those with preexisting conditions and are required to offer a minimum set of benefits. But transparency is also likely to drive prices of some policies down. That's competition, baby.

The US Murder Rate Is on Track to Be Lowest in a Century

| Thu May. 16, 2013 10:32 PM PDT

This is fairly preliminary data, but Rick Nevin reports that if current trends keep up, we'll end 2013 with the murder rate in America at its lowest rate in over a century.

Analytically speaking, murder is an especially interesting crime because we have pretty good homicide statistics going all the way back to 1900. Most other crimes have only been tracked since about 1960. And if you look at the murder rate in the chart below (the red line), you see that it follows an odd double-hump pattern: rising in the first third of the century, reaching a peak around 1930; then declining until about 1960; then rising again, reaching a second peak around 1990. It's been dropping ever since then.

This is the exact same pattern we see in lead ingestion among small children, offset by 21 years (the black line). Lead exposure rises in the late 1800s, during the heyday of lead paint, reaching a peak around 1910; then declines through World War II; and then begins rising again during our postwar love affair with big cars that burned high-octane leaded gasoline. Lead finally enters its final decline in the mid-70s when we begin the switch to unleaded gasoline.

This is powerful evidence in favor of the theory that lead exposure in childhood produces higher rates of violent crime in adulthood. It's one thing to have two simple curves that match up well. That could just be a coincidence. But to have two unusual double-humped curves that match up well is highly unlikely unless there really is an association. Put that together with all the statistical evidence from other countries; plus the prospective studies that have tracked lead exposure in individual children from birth; plus the MRI scans showing the actual locations of brain damage in adults who were exposed to lead as children—put all that together and you have a pretty compelling set of evidence. Lead exposure doesn't just lower IQs and hurt educational development. It also increases violent tendencies later in life. If we want less crime 20 years from now, the best thing we can do today is clean up the last of our lead.

It's Official: Those Bogus Email Leaks Came From Republicans

| Thu May. 16, 2013 6:59 PM PDT

It's not as if we didn't know this already, but today Major Garrett made it official: last week's leaks that misquoted the Benghazi emails came directly from Republicans. Here's the report on the CBS Evening News:

On Friday, Republicans leaked what they said was a quote from Rhodes: "We must make sure that the talking points reflect all agency equities, including those of the State Department, and we don't want to undermine the FBI investigation." But it turns out that in the actual email, Rhodes did not mention the State Department.

....Republicans also provided what they said was a quote from an email written by State Department spokesman Victoria Nuland. The Republican version quotes Nuland discussing, "The penultimate point is a paragraph talking about all the previous warnings provided by the Agency (CIA) about al-Qaeda's presence and activities of al-Qaeda." The actual email from Nuland says: "The penultimate point could be abused by members to beat the State Department for not paying attention to Agency warnings."

The CIA agreed with the concerns raised by the State Department and revised the talking points to make them less specific than the CIA's original version, eliminating references to al Qaeda and affiliates and earlier security warnings. There is no evidence that the White House orchestrated the changes.

So here's what happened. Republicans in Congress saw copies of these emails two months ago and did nothing with them. It was obvious that they showed little more than routine interagency haggling. Then, riding high after last week's Benghazi hearings, someone got the bright idea of leaking two isolated tidbits and mischaracterizing them in an effort to make the State Department look bad. Apparently they figured it was a twofer: they could stick a shiv into the belly of the White House and they could then badger them to release the entire email chain, knowing they never would.

But it was typical GOP overreach. To their surprise, the White House took Republicans up on their demand to make the entire email chain public, thus making it clear to the press that they had been burned. And now reporters are letting us all know who was behind it.

This has always been the Republican Party's biggest risk with this stuff: that they don't know when to quit. On Benghazi, when it became obvious that they didn't have a smoking gun, they got desperate and tried to invent one. On the IRS, their problem is that Democrats are as outraged as they are. This will force them to make ever more outrageous accusations in an effort to find some way to draw a contrast. And on the AP phone records, they have to continually dance around the fact that they basically approve of subpoenas like this.

A sane party would take a deep breath and decide to move on to other things. But the tea partiers have the scent of blood now, and it's driving them crazy. Thus the spectacle of Michele Bachmann suggesting today that it's time to start impeachment proceedings.

The GOP's adults can't keep their lunatic fringe on a leash, which means it's only a matter of time until they make fools of themselves on all three of the pseudoscandals that are currently lighting up the airwaves. The Republicans have met the enemy, and it is them.

Republicans Debate Their Ransom Demand For Next Hostage-Taking Opportunity

| Thu May. 16, 2013 4:01 PM PDT

Lori Montgomery reports today that House Republicans no longer plan to block a debt-limit increase that would force the government into default. Hooray! They do plan to ask for a pound of flesh in return, though. But what? They met yesterday to spitball some ideas:

At the meeting, 39 lawmakers lined up at microphones to offer suggestions. They ranged from tax and entitlement reform to approval of the Keystone XL pipeline to passage of a bill that would require congressional approval for any federal regulation that would impose more than $100 million in new costs on business.

At least one person wanted to take on late-term abortion in the wake of the conviction of Philadelphia doctor Kermit Gosnell. Others suggested repeal or delay of Obama’s health-care initiative. But for the most part, lawmakers tried to be “realistic,” aides said, suggesting measures that could reasonably be expected to both improve the economy and pass the Democratic Senate.

Well, I'm glad to hear that Republicans plan on being realistic—though the fact that they're discussing this at all implies that they are, in fact, willing to block a debt limit increase and force the government into default. You can't have it both ways, after all. A hostage only does you any good if you make a credible threat to shoot him unless the ransom is paid.

So let's make one thing clear: President Obama would be insane to even hint that he's willing to bargain over this. That would institutionalize the whole idea that the debt ceiling should be a grand hostage-taking tool every time it comes up. This time around, he just needs to say no, and stick to it. I'm even willing to toss my principles in the gutter and go the trillion-dollar platinum coin route if that turns out to be the only option available. Enough's enough.