Political MoJo

Watchdog Group Files Ethics Complaint Against McConnell Over Judd Tape Revelations

| Thu Apr. 11, 2013 9:10 AM PDT
mitch mcconnell at cpacSen. Mitch McConnell (R-Ky.).

Citizens for Responsibility and Ethics in Washington (CREW), a nonprofit government watchdog, has asked the Senate ethics committee and the Federal Bureau of Investigation to probe whether aides to Senate Minority Leader Mitch McConnell improperly conducted political opposition research on federal government time.

A tape of a February McConnell campaign meeting that Mother Jones released Tuesday includes a section in which a McConnell aide states that McConnell's "LAs"—congressional parlance for legislative assistants—helped gather background information on Ashley Judd, who was at the time considered a potential opponent in McConnell's 2014 reelection race. The tape also refers to a "Josh" who worked on the research, which CREW's complaint speculates might be Josh Holmes, McConnell's congressional chief of staff.

Senate ethics rules forbid legislative assistants and other Senate employees from participating in political activities on government time. "In general, however, the ethics rules do not bar staffers from engaging in campaign activity provided they do it on their own time and do not involve government resources or property," Tara Malloy, a government ethics expert at the Campaign Legal Center, told Mother Jones on Tuesday. You can read the relevant section of the ethics rules here. Bottom line: If McConnell's aides did the research in their free time, they're in the clear. But if they used government resources or worked on political matters on government time, they could be in trouble.

The Weekly Standard's Daniel Halper has suggested that the McConnell aide on the tape explicitly says that the LAs who worked on the opposition research did so "in their free time." Jesse Benton, McConnell's campaign manager, made the same argument in an interview with WHAS-11, a Louisville television station. But "it doesn't really matter" whether the McConnell aide on the tape claimed that the political work was done in the LAs free time, explains Melanie Sloan, CREW's executive director. "The question isn't what somebody said, it's what they did," she says. "We need to know if it was on office time and with office resources. Those are the relevant questions here."

Benton has acknowledged that McConnell's Senate staffers do campaign work, but says they only do it in their off hours. "We do have several legislative staff that do contribute their free time, which is perfectly fine, perfectly legal, and cleared ahead of time by the ethics committee," he told WHAS-11.

The FBI is currently investigating how the tape of the McConnell meeting was made. But Sloan says the bureau should expand its probe. "McConnell should welcome a review of the tape," she says. "If McConnell thought it was so important for the FBI to investigate, the FBI should investigate everything about the incident. I think that's hard to argue against. The tape certainly gives you probable cause to believe something improper occurred. It clearly merits investigation."

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We're Still at War: Photo of the Day for April 11, 2013

Thu Apr. 11, 2013 7:24 AM PDT

Marines assigned to the 26th Marine Expeditionary Unit stand armed watch on the flight deck of the amphibious assault ship USS Kearsarge (LHD 3) while transiting the Suez Canal on April 5, 2013. U.S. Navy photo by Mass Communication Specialist 2nd Class Thomas Henderson.

The Plan to Improve Social Security's Finances That No One's Talking About

| Thu Apr. 11, 2013 7:21 AM PDT

President Barack Obama's budget proposal, released Wednesday, would cut Social Security benefits by slowing their growth, a concession to Republicans who demand entitlement cuts in any budget. But what if there were another way to beef up Social Security's finances? Good news: There is. It would involve extending the payroll tax—which feeds the Social Security money pot—to rich people. But according to a new report by the policy shop Remapping Debate, most Dems would rather not talk about that.

Right now, the payroll tax only applies to income up to $113,700. Any income above that is exempt. According to the Social Security Administration, eliminating the payroll tax exclusion of incomes above $250,000 would ensure the program solvency for almost 50 years. Eliminating the exclusion entirely would ensure solvency for close to 65 years.

Plus, it would be more fair. "As it currently stands, payroll taxes apply to every dollar of earnings for a janitor making the minimum wage, but a professional athlete making $1 million a year pays only payroll taxes on approximately one-tenth of their earnings," Senator Tom Harkin (D-Iowa), who has introduced a bill to phase out the payroll tax cap, told Remapping Debate.

Harkin isn't alone: 12 other senators have put forth proposals in this Congress to eliminate or adjust the payroll tax cap. But as Remapping Debate found out, the other 42 Democrats in the Senate don't seem interested in getting behind the proposals.

The group reached out repeatedly to the senators' offices for a couple of weeks in March, and what they got was a lot of meh. Sens. Ben Cardin (D-Md.), Sherrod Brown (D-Ohio), Mark Warner (D-Va.), and Tammy Baldwin (D-Wisc.) were 100 percent into the idea. Others gave vague responses about "being open" to changes; four declined to comment; some said they were too busy. For the majority of Senators, there was no reply at all. Even superstar Main Street advocate Sen. Elizabeth Warren (D-Mass.) had no comment.

"For all the talk of the Social Security system running out of money," writes Samantha Cook in the report, "it is well established that raising or eliminating the cap on the wages subject to payroll taxes would guarantee a healthy Social Security system for many decades, and do so without cutting benefits or raising the retirement age." Apparently that can wait.

Background Check Compromise: What's in the Fine Print?

| Wed Apr. 10, 2013 4:47 PM PDT

The compromise amendment on expanded background checks that Sens. Joe Manchin (D-W. Va.) and Pat Toomey (R-Pa.) announced Wednesday morning has yet to be released to the public. But the senators released a fact sheet on Wednesday afternoon that begins to clear up some answers sought by gun control groups and uncommitted senators. (Read it in full below, via the Huffington Post.)

Titled "The Public Safety and Second Amendment Rights Protection Act," the amendment expands the existing background check system to cover sales at gun shows and on the internet, "encourages" states to put all their available records into the National Instant Criminal Background Check System, and establishes a National Commission on Mass Violence "to study in-depth all the causes of mass violence in our country."

McConnell Campaign Manager Decries "Gestapo" Tactics

| Wed Apr. 10, 2013 12:39 PM PDT
Mitch McConnellSen. minority leader Mitch McConnell (R-Ky.)

A day after Mother Jones published audio of a Louisville meeting in which Sen. Mitch McConnell (R-KY) and his campaign staff discussed opposition research on prospective challengers, McConnell campaign manager Jesse Benton has validated Godwin's law by playing the Hitler card. In an interview with NBC News, Benton compared the leaking of the recording to Nazi Germany. "This is Gestapo-kind of scare tactics, and we're not going to stand for it," Benton told Michael O'Brien.

The Gestapo, who served as Hitler's secret police from 1933 until 1945, were best known for enforcing a reign of terror typified by abductions and executions, as well as aiding and abetting genocide. That's all quite a bit different than recording 12 minutes of a political strategy session or publishing a legally-obtained tape.

And there's no evidence that the audio was the result, as the McConnell campaign has insisted, of a Watergate-style bugging operation. Still, that hasn't stopped McConnell from taking the opportunity to play the victim, blasting out a fundraising pitch accusing the "liberal media" of "illegal and underhanded tactics."

Update: Aaron Keyak, executive director of the National Jewish Democratic Council, just released this statement calling on McConnell to repudiate the use of "gestapo":

Senator Mitch McConnell—the most powerful Republican in the Senate—must denounce his campaign manager's inappropriate use of 'Gestapo,' which comes just days after Holocaust Remembrance Day. If McConnell chooses to remain silent on this matter and tolerate this offensive rhetoric, it will disrespectful to those who were murdered and abused by the actual Gestapo.

Progressives Advise GOP: Back Off On the War on Women

| Wed Apr. 10, 2013 12:28 PM PDT

It was clear in both the lead up to and the aftermath of the November 2012 election that Republican candidates are not faring well among women voters. From Todd "Legitimate Rape" Akin to Mitt Romney's 11-point loss among women voters, it became painfully clear that the GOP has a lady problem. A new memo from a pair of liberal groups that pulls together some of the polling figures makes a strong case for paying more attention to this divide.

The memo, from Stephanie Schriock of EMILY’s List and Neera Tanden of the Center for American Progress Action Fund, notes that even the Republican National Committee's own post-election report found that, "[Women] represent more than half the voting population in the country, and our inability to win their votes is losing us elections." But while Republicans have made some effort to soften the party's positioning on issues like immigration and LGBT rights, the party has not moderated its stance on reproductive rights or other issues of interest to many women voters.

The memo points to the unprecedented attack on access to abortion underway in states like North Dakota and Arkansas, the 160 Republicans that voted against the Violence Against Women Act at the federal level, and the ongoing fights over both contraception coverage and cuts to the federal family planning budget.

NARAL Pro-Choice America's polling right after the election found that Romney's view on abortion was the top reason for voting against him that swing-voting women cited in their survey. Planned Parenthood also used this issue to attack anti-choice politicians.  Planned Parenthood also used this issue to attack anti-choice politicians. Another post-election poll from Democracy Corps found that 33 percent of unmarried women listed the attacks on Planned Parenthood and women's preventative health services as a top reason for voting against Romney.

While I'd guess that Republican politicians aren't looking for advice from CAP and EMILY's List, the memo ends with some. "If the GOP wants to move forward, help its image and win elections, it should halt its embrace of extreme and out-of-touch policies that attack women and their families," Schriock and Tanden write. "Ending attacks on abortion rights in the states would be a start."

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At Howard University, Rand Paul Falsely Claims He Never Opposed the 1964 Civil Rights Act

| Wed Apr. 10, 2013 9:45 AM PDT

Following an awkward, earnest speech to an audience at Howard University, Sen. Rand Paul (R-Ky.) insisted several times that he did not oppose the Civil Rights Act of 1964. 

"I've never been against the Civil Rights Act, ever," Paul told a questioner, following what was the first speech by a Republican legislator at the historically black university in decades. "This was on tape," the questioner responded. 

That's true. It is on tape. Here it is:

In 2010, during an interview with the Louisville Courier-Journal flagged by ThinkProgress, Paul made it very clear that he opposed a key part of the Civil Rights Act of 1964 that banned discrimination on the basis of race in "places of public accommodation," such as privately owned businesses that are open to the public. Here's the transcript:

PAUL: I like the Civil Rights Act in the sense that it ended discrimination in all public domains, and I'm all in favor of that.

INTERVIEWER: But?

PAUL: You had to ask me the "but." I don't like the idea of telling private business owners—I abhor racism. I think it’s a bad business decision to exclude anybody from your restaurant—but, at the same time, I do believe in private ownership. But I absolutely think there should be no discrimination in anything that gets any public funding, and that's most of what I think the Civil Rights Act was about in my mind.

If federal civil rights laws only outlawed segregation in "anything that gets any public funding," the state would still be called upon to enforce racism by enforcing the property rights of business owners who did not want to serve people on the basis of skin color (or religion, or national origin). Only by extending the ban on discrimination to all places of public accommodation, including privately owned businesses, could freedom against discrimination actually be upheld. Paul elaborated later in the interview when he said that he "became emotional" reading the speeches of Martin Luther King Jr.

INTERVIEWER: But under your philosophy, it would be okay for Dr. King not to be served at the counter at Woolworths?

PAUL: I would not go to that Woolworths, and I would stand up in my community and say that it is abhorrent, um, but, the hard part—and this is the hard part about believing in freedom—is, if you believe in the First Amendment, for example—you have to, for example, most good defenders of the First Amendment will believe in abhorrent groups standing up and saying awful things and uh, we're here at the bastion of newspaperdom, I'm sure you believe in the First Amendment so you understand that people can say bad things. It's the same way with other behaviors. In a free society, we will tolerate boorish people, who have abhorrent behavior, but if we're civilized people, we publicly criticize that, and don't belong to those groups, or don't associate with those people.

Paul expressed similar sentiments in interviews with MSNBC and NPR

So Paul made it quite clear in 2010 that he didn't believe in federal law banning discrimination in privately owned businesses that are open to the public. At Howard, Paul seemed to be saying he never opposed the Civil Rights Act in its entirety, but he certainly opposed a key part of it that completely reshaped American society. Supporting the right of white business owners not to serve blacks may be the "hard part of freedom" for someone, but not for anyone who looks like Rand Paul.

Paul got a warm reception from the Howard audience for some of his positions on foreign policy and the war on drugs. But in what seems like a tacit acknowledgement that his past position on a piece of historic civil rights legislation is embarrassing, Paul fibbed about what that position actually was. 

WATCH: Kentucky Parents Discover Sequestration Will Close Their Head Start Program

| Wed Apr. 10, 2013 9:37 AM PDT

In Henderson County, Kentucky, sequestration has consequences. With Congress showing no signs of breaking its impasse on the massive cuts mandated by the 2011 Budget Control Act, the school district found itself looking to cut $1 million in funding. One of the first casualties: a local Head Start program, which will now close in early May 3, about a month earlier than originally scheduled. That means parents are now stuck figuring out where to put their kids for the rest of the year—and how to pay for it.

As one parent told Owensboro's NBC affiliate, WFIE, "All through school we hear the slogan 'No Child Left Behind.' And now, apparently, all the three-year-olds are."

Take a look:

14 News, WFIE, Evansville, Henderson, Owensboro

On Wednesday, President Obama unveiled his new budget proposal which, among other things, looks to expand federal funding for pre-school by raising taxes on cigarettes and other tobacco products. That's too little, too late for the parents with three-year-olds in Henderson County, though.

Here's What's in the Compromise Proposal on Background Checks for Gun Buyers

| Wed Apr. 10, 2013 9:32 AM PDT

On Tuesday, Senate Majority Leader Harry Reid (D-Nev.) gave senators leading bipartisan talks on a compromise amendment for expanding background checks on gun buyers an ultimatum: Figure it out by 5 p.m. That's when Reid planned to file a motion to move to debate of his broader package of gun control legislation, which includes measures to improve school safety and crack down on gun traffickers.

Sens. Joe Manchin (D-W.Va.) and Pat Toomey (R-Pa.) managed to strike a deal, and on Wednesday morning they held a press conference on Capitol Hill outlining their amendment, which Manchin said would be the first on the gun control bill when Reid introduces it for an initial vote on Thursday. (Sen. Chuck Schumer, the New York Democrat who introduced the background check provisions that cleared the Senate Judiciary Committee on a party-line vote, told reporters on Tuesday that although some details needed working out, he supported the Manchin-Toomey compromise.) The amendment would require background checks on all gun sales in person and over the internet with the exception of transfers between "friends and neighbors." It's unclear how broad that exception will be in practice, but the Washington Post reported that the background check requirement "would not cover private transactions between individuals, unless there was advertising or an online service involved." Private dealers would be required to keep records of gun sales, as licensed dealers have already been doing since 1968. Gun sellers who allow prohibited people to buy firearms would face a felony charge.

Immediate reactions from gun control groups working with lawmakers on the Hill were mixed. "We like [the compromise] very much," Mark Glaze, director of Michael Bloomberg's Mayors Against Illegal Guns, told Mother Jones. Ladd Everitt, a spokesman for the Coalition to Stop Gun Violence, struck a more cautious tone. "We're still waiting to hear the language of the bill," he said, explaining that his group wanted more details on how record-keeping would work, and if gun transactions by, for example, people standing just outside gun shows would require checks. But Everitt commended Manchin and Toomey for standing their ground against pushback from staunch proponents of gun rights.

At the press conference, Manchin and Toomey, who both own guns, touted their support for the Second Amendment. "I don't consider criminal background checks to be gun control. It's common sense." Toomey said. "The mentally ill should not have guns. I don't know anyone who disagrees with that premise."

When asked if he worried that his support for expanded background checks would cost him his A rating with the National Rifle Association, Toomey replied, "What matters to me is doing the right thing." (Mayors Against Illegal Guns is releasing scorecards of its own to grade lawmakers on guns.)

The NRA, with which Manchin said he and Toomey have been in contact, stepped away from its opposition to expanded background checks, calling the compromise "a positive development." However, the NRA said, "no background check would have prevented the tragedies in Newtown, Aurora, or Tucson."

Manchin also said he and Toomey "agree[d] that we need a commission on mass violence" with experts on mental illness, school safety, and "video violence."

If expanded background checks are able to dodge a Senate filibuster with the help of Republicans who want to see a vote, the next challenge will be in the House, where Speaker John Boehner (R-Ohio) has the power to block the bill from getting a vote. Toomey said there are a "substantial number of House Republicans who are supportive of this general [compromise] approach." (Rep. Carolyn McCarthy (D-N.Y.), one of the House's leading gun-control advocates, told Mother Jones last week that the gun violence task force she sits on has been in talks with Republicans, but declined to name names.)

We're Still at War: Photo of the Day for April 10, 2013

Wed Apr. 10, 2013 8:37 AM PDT

Armed Forces of the Philippines and U.S. Marines practice engaging the enemy during convoy operations training April 7 at Camp O’Donnell, Philippines, as part of exercise Balikatan 2013. U.S. Marine Corps photo by Cpl. Courtney G. White.