Tag Archives: Redstate

F Is For Fake, Is For Fraud

Charlie Langton at Fox:

Two former leaders of the Oakland County Democratic Party are facing a total of nine felonies for allegedly forging election paperwork to get fake Tea Party candidates on November’s ballot.

“It is not a partisan statement, and we need to make that very clear,” said Oakland County Prosecutor Jessica Cooper.

Former Oakland County Democratic Chair Mike McGuinness and former Democratic Operations Director Jason Bauer face up to 14 years in prison if convicted.

“Some of the people didn’t even know they were on the ballot till they began receiving delinquency notices of filings that were required as a candidate,” said Oakland County Sheriff Michael Bouchard.

The sheriff says 23 statewide races had questionable Tea Party candidates on the ballot and the investigation may go beyond Oakland County.

Instapundit

Ed Morrissey:

The charges involve forgery, fraud, and perjury. The prosecution alleges that the two signed candidacy materials under false pretenses, forms which require people to acknowledge that they are under oath to provide truthful and accurate information. If they signed the forms themselves under the names of people who didn’t know what the two Democrats were doing, those charges should be easy to prove in court. The two will face years in prison.

The question will be whether this was part of a larger operation to dilute the ballot to help Democrats, a scheme that failed anyway. If McGuiness and Bauer end up facing the long end of a 14-year sentence, they may be highly motivated to tell prosecutors about any wider plans in Michigan to defraud voters. Fox notes that the grand jury continues to probe this even after the indictments against the two Oakland County Democratic Party leaders, which might mean more indictments will be forthcoming. We will definitely keep an eye out for further developments.

Moe Lane at Redstate:

To the best of my knowledge, we’ve never had a blogger indicted for election fraud before. The trailblazer in this case is Oakland County, Michigan Democratic Chair Mike McGuinness (along with Operations Director Jason Bauer); they’re charged with forging election documents to get fake “Tea Party” candidates on Michigan ballots. Up to twenty-three statewide races may have been affected by the fraud: the authorities are definitely looking into just how far the rot goes in the Michigan Democratic party.  The two have been charged with nine felonies: if convicted, McGuinness and Bauer face up to 14 years in jail.

I’m not being entirely nasty by calling this a milestone, by the way: this is a pretty significant indication that blogging has become a way for people to enter the political world and take positions of some power and influence there.  After all, McGuinness, as Gateway Pundit helpfully reminds us, was until 2008 a blogger for the Michigan Liberal site; the fact that McGuinness was also (allegedly) just another corrupt progressive suckweasel who (allegedly) defecated all over the very principles of free and open elections that he (allegedly) supported shouldn’t deter other people from also getting involved in politics on the local and state level. Just don’t be a corrupt progressive suckweasel, that’s all.

Jim Hoft at Gateway Pundit:

Look for the state-run media to bury this story before morning.

For the record…McGuinness was a progressive blogger at Michigan Liberal blog.

UPDATE: The Michigan Liberal blog wrote in with this. Apparently, Democrat McGuinness was not being honest about his life as a blogger.

My name is Eric Baerren. I’m the editor of Michigan Liberal. I just caught your blog post about Michael McGuinness, where you asserted that Mr. McGuinness was somehow ever a representative of Michigan Liberal.

I’ve been the site’s editor since 2007, was involved in its operation for a year before that, and know well its history. For the record, Michael McGuinness has never been a blogger at Michigan Liberal. He had an account there, as do people at lots of websites, but the tone of your sentence makes it appear that he had a much larger role than he ever did (it would be like my asserting that someone who comments on your blog who is arrested and charged with child molestation is somehow a representative of Gateway Pundit). In fact, the story you linked to in Michigan Messenger that mentioned that Mr. McGuiness was a liberal blogger never in fact mentioned where he blogged.

My response:

Dear Eric Baerren,
Thanks for the information. It’s a shame that Mr. McGuinness did not blog at Michigan Liberal. I’m sure he would have fit right in.
Sincerely,
Jim Hoft

Scott Johnson at Powerline:

I wonder if this story will get the attention it deserves. The story more or less speaks for itself, though one element left unexplained in the story is the offices involved in the scheme. It involves local leaders of the Democratic Party in Michigan and their creative efforts to split the anti-Democratic vote in the 2010 election

Robert Stacy McCain:

Democrats in several states did similar things. “Independent” candidates had an interesting way of popping up in key Massachusetts congressional races, as I recall. But apparently these Michigan Democrats were so careless they actually broke the law.

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Filed under Crime, Politics

Cheddar Revolution: Moldy Yet?

Kris Maher and Amy Merrick at WSJ:

Playing a game of political chicken, Democratic senators who fled Wisconsin to stymie restrictions on public-employee unions said Sunday they planned to come back from exile soon, betting that even though their return will allow the bill to pass, the curbs are so unpopular they’ll taint the state’s Republican governor and legislators.

The Republicans rejected the idea that the legislation would hurt the GOP. “If you think this is a bad bill for Republicans, why didn’t you stand up in the chamber and debate us about it three weeks ago?” said Senate Majority Leader Scott Fitzgerald. “People think it’s absolutely ridiculous that these 14 senators have not been in Wisconsin for three weeks.”

The Wisconsin standoff, which drew thousands of demonstrators to occupy the capitol in Madison for days at a time, has come to highlight efforts in other states to address budget problems in part by limiting the powers and benefits accorded public-sector unions.

Sen. Mark Miller said he and his fellow Democrats intend to let the full Senate vote on Gov. Scott Walker’s “budget-repair” bill, which includes the proposed limits on public unions’ collective-bargaining rights. The bill, which had been blocked because the missing Democrats were needed for the Senate to have enough members present to vote on it, is expected to pass the Republican-controlled chamber.

Eric Kleefeld at Talking Points Memo:

A return to Wisconsin at this juncture would appear to give the green light for Walker’s legislation to pass — that is, a win for Walker’s efforts to pass legislation when numerous polls show the state disapproving of Walker, and saying he should compromise. However, at this juncture it is unclear just what is going on.

In response, Miller spokesman Mike Browne released this statement, saying only that they were continuing to negotiate towards an outcome that does not strip the bargaining rights of state workers:

“It is true that negotiations were dealt a setback since last Thursday when Governor Walker responded to a sincere Democratic compromise offer with a press conference. However, Senate Democrats have continued to reach out to the Governor and Republicans through the weekend.

Democrats remain hopeful that Governor Walker and legislative Republicans will, in the near future, listen to the overwhelming majority of Wisconsinites who believe they should come to the negotiating table in good faith to reach an agreement that resolves our fiscal issues without taking away worker rights and without hurting programs that help provide health insurance for working families and prescription drugs for seniors.”

In addition, state Sen. Chris Larson released this statement:

Sen. Miller’s comments are taken out of context in the Wall Street Journal article just released. Dems will return when collective bargaining is off the table. That could be soon based on the growing public opposition to the bill and the recall efforts against Republicans. Unfortunately, the WSJ fished for the quote they wanted, skipping this key step in logic: we won’t come back until worker’s rights are preserved.

State Sen. Jon Erpenbach also told WisPolitics that Democrats are not planning to return. State Sen. Bob Jauch, who has been one of the lead negotiators, also said of Miller’s comments: “I think he’s speaking the truth that at some point – and I don’t know when soon is – at some point we have to say we’ve done all we can.”

Christian Schneider at The Corner:

The Wisconsin politerati is all atwitter today at a WSJ report indicating that senate Democrats might soon end their Illinois exile. In the article, Democratic senate leader Mark Miller says recent polls show Walker’s budget-repair bill to be politically “disastrous” for the governor, which he says will give Democrats more leverage to negotiate portions of the larger budget bill in the weeks to come.

If this is what Miller thinks, it seems like a suspect strategy — a variation on the rarely seen Let’s capitulate to our opponent because the public currently doesn’t like what he’s doing plan. How many congressional Republicans rooted for Obamacare because they thought it would show the public once and for all how unpopular government health care could be? What if Green Bay Packer quarterback Aaron Rodgers said in an interview before the Super Bowl, “Maybe it won’t be so bad if the Steelers win — imagine how sick of Ben Roethlisberger the public will be”? It sounds like Mark Miller, in today’s parlance, has convinced himself that he’s “winning.”

Perhaps Miller’s quote was a trial balloon, meant to gauge the opposition he’ll get from his base, which has spent three weeks screaming itself hoarse on the steps of the state capitol. It would be reasonable to expect some displeasure: If Democrats do return and vote on the bill without any changes — as they had indicated they would never do — cops, firefighters, and teachers are likely to ask, “Why did I just spend three weeks in the capitol pressed up against a hippie?” Indeed, within hours of the story being published, Miller was rebuffed by some members of his own caucus.

On the other hand, it is possible that Scott Walker really has waited them out. (On his last physical, does it say “Blood Type: Tiger”?) In the past three weeks, Democrats and public-sector unions (but I repeat myself) have thrown everything they have at Walker, and he hasn’t budged. (And I do mean everything: They even tried to embarrass him by exposing the fact that in high school he had a mullet and was nicknamed “the Desperado” — unaware that in Wisconsin, this is likely to increase his approval rating.)

It seems a little short-sighted for senate Democrats to believe Walker has damaged himself irreparably. Several polls show Walker’s approval rating to be in the low 40’s, but Walker almost certainly expected to take some kind of public-relations hit when he entered this standoff.

Moe Lane at Redstate:

You see, we tend to forget that politicians are not identical, like potatoes: these fourteen men and women are just that – men and women – and it’s easy to believe that they’re getting tired, sore, and fuming about how they’ve somehow become the surrogate whipping boys for a national debate on public sector unions. Some of them might even be thinking that they didn’t actually sign up for this, that this wasn’t in the job description, and that the people urging them to exile in Illinois might not really give a tinker’s dam about them or their problems. And that this situation that they’re in is getting old. Oh, sure, no doubt a few of the AWOL senators are having a ball… but some of them are not, and the loss of message discipline in the last few days shows that.

And it only takes one AWOL senators to end this nonsense.

Scott Johnson at Powerline

Jason Stein at The Milwaukee Journal Sentinel:

The leader of Senate Democrats hiding out in Illinois is seeking a face-to-face meeting with Gov. Scott Walker and the Senate GOP leader.

Senate Minority Leader Mark Miller (D-Monona) said in a letter sent out Monday that he wants to meet with Republicans “near the Wisconsin-Illinois border to formally resume serious discussions” on Walker’s budget repair bill. Two other Democratic senators met with Senate Majority Leader Scott Fitzgerald (R-Juneau) last week in Kenosha.

Democrats have been holed up south of the state line since last month to block action on Walker’s budget repair bill, which would end most collective bargaining for public employee unions in the state.

“I assure you that Democratic state senators, despite our differences and the vigorous debate we have had, remain ready and willing to find a reasonable compromise,” Miller said in the letter.

Neither Miller nor Walker spokesman Cullen Werwie could be reached immediately for further comment. Fitzgerald spokesman Andrew Welhouse had no immediate comment.

The Wall Street Journal spurred hopes of compromise Sunday with a story citing Miller and saying the Democrats would be back “soon.” But that same night Democrats knocked that down, saying that they hoped to return soon but that there was still no development to make that happen.

Miller spokesman Mike Browne said Monday morning  that he knew of no plans for Democrats to return later in the day. The senators were scheduled to meet later in the morning or early afternoon, he said.

One of the Democratic senators, Tim Cullen of Janesville, said in a phone interview Sunday that there were no developments toward a possible compromise with Republicans and no talks scheduled for this week.

Two other Democratic senators — Jon Erpenbach of Middleton and Chris Larson of Milwaukee — said Sunday their group had no plans to come back to the Capitol until Republicans addressed more of their concerns with the budget-repair bill.

“I can tell you for a fact that nothing has changed down here,” Erpenbach said.

On Monday morning, a small, dedicated group began to chant in protest of Walker’s budget-repair bill in the Capitol rotunda.

Outside the Capitol, there is little or no sign of the mass protests that have engulfed the Capitol square in recent weeks.

On the streets surrounding the Capitol, the number of satellite trucks has dwindled to two. And the only sign of an organized-labor presence is the sight of two Teamsters semi-trailers.

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Filed under Economics, Legislation Pending

Rest In Peace, Frank Buckles

Paul Duggan at WaPo:

Frank W. Buckles died Sunday, sadly yet not unexpectedly at age 110, having achieved a singular feat of longevity that left him proud and a bit bemused.

In 1917 and 1918, close to 5 million Americans served in World War I, and Mr. Buckles, a cordial fellow of gentle humor, was the last known survivor. “I knew there’d be only one someday,” he said a few years back. “I didn’t think it would be me.”

Mr. Buckles, a widower, died on his West Virginia farm, said his daughter, Susannah Buckles Flanagan, who had been caring for him there.

Flanagan, 55, said her father had recently recovered from a chest infection and seemed in reasonably good health for a man his age. At 12:15 a.m. Sunday, he summoned his live-in nurse to his bedroom. As the nurse looked on, Flanagan said, Mr. Buckles drew a breath, and his eyes fell shut

Mark Thompson at Swampland at Time:

There used to be a newsletter for American veterans of World War I. When I first saw it some two decades or more ago, it noted there were some 4,000 of them still alive. I haven’t seen it in many years — I don’t recall its name, but it might have been The Torch. Amazing that any were still alive, given that their war began in this decade a century ago. Alas, its subscriber base dwindled to zero over the weekend with the death of Frank Buckles of West Virginia at 110.

Will Rahn at The Daily Caller:

The last American veteran of World War I has died.

At first, it didn’t seem like the like the Missouri-born Frank Buckles would ever go to war. He was repeatedly turned down by military recruiters on account of his age (he was only 16 when the war broke out) but successfully enlisted when he convinced an Army captain he was 18.

“A boy of [that age], he’s not afraid of anything,” said Buckles, who had first tried to join the Marines. “He wants to get in there.”

“I went to the state fair up in Wichita, Kansas, and while there, went to the recruiting station for the Marine Corps,” he told the AP in 2007. “The nice Marine sergeant said I was too young when I gave my age as 18, said I had to be 21.” A week later, Buckles returned to tell the Marine recruiter he was 21, only to be informed that he wasn’t heavy enough.

Buckles then tried for the Navy, but was turned down on account of his flat feet. Finally, he tried for the Army. When a captain asked for his birth certificate, Buckles said they weren’t issued in Missouri at the time of his birth, but that there was a record in the family Bible. “I said, ‘You don’t want me to bring the family Bible down, do you?’” Buckles remembered with a laugh. “He said, ‘OK, we’ll take you.’”

bk at Redstate:

After leaving the Army as a Corporal, he ended up getting a job with a shipping company and traveling all over the world. As luck would have it, he was in Manila when the Japanese attacked Pearl Harbor a few hours before bombing and invading the Philippines. He ended up in Japanese POW camps until 1945 when his was liberated.

He got married several years later and moved to a farm in West Virginia, where he still drove his own car and tractor until he was 102. His wife died in 1999, the same year he was awarded the French Legion of Honor.

In 2008 he became the oldest surviving WWI vet, which of course got him some attention in Washington (including a visit to the White House with George W. Bush) and beyond. George Will wrote a nice column about him. Not everything in WV is named after Robert C. Byrd – then-Gov Joe Manchin named a section of WV Route 9 in his honor at the time.

RIP Corporal Buckles!

Moe Lane:

Sounds like he was a good-natured, amiable sort who did not take his status as the last remaining US WWI veteran as being anything except a testament to his longevity… and as an opportunity to push for refurbishing and rededicating DC’s WWI memorial as a national one.

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Filed under History, Military Issues

What Happened To Tabitha Hale?

Tabitha Hale at Redstate:

Today, union thugs descended on the FreedomWorks office. It was the middle of the day, and there was some excitement outside as all the buses pulled up and people started to fill the courtyard. We decided to go out and show our support for freedom. Intern Steve was quickly suited up.

We wandered around talking to people, and saw the buses lined up on the street. NEA, AFT, SEIU, and CWA signs dominated – a veritable “who’s who” of union thuggery, to be sure. They all had on matching tee shirts and printed signs, as is to be expected.

I was taking pictures and video with my phone, and I heard my coworker getting into a heated exchange with one of the protesters. I turned on my iPhone camera and headed over to film it. They were going back and forth, the protester called my colleague a “little sh*t” just as I walked up, which is where the video starts. Then he noticed I was filming. Here’s what happened

Basically, it’s ridiculous. I’m a 5′1 female in a dress, and he was standing up on a garden wall above me in the courtyard. He hardly felt threatened. I was stunned, because generally protesters are there to, you know, get their message out. They don’t normally shy away from the camera.

I’m very much okay, and very appreciative of the support from my fellow bloggers and activists today. I am, however, shaken up by the level of sheer hatred I experienced today. The look of fury on his face in the close up is appalling. I had not exchanged a word with him. He didn’t know who I was. He didn’t even know my name, what I do. He had probably surmised that I was with FreedomWorks and that was enough.

This just can’t be tolerated anymore. It’s one thing to be called a violent teabagger. It’s another to be called a violent teabagger while you’re being assaulted. They’ve been comparing themselves to the Egyptians ousting Mubarak. Looks like they’re not too far off, given that they share the tendency to assault women with cameras.

Michelle Malkin:

Thankfully, Hale tells me she wasn’t hurt. But there is no doubt from this video that the CWA t-shirt-wearing goon should be prosecuted for assault.

They said it: “Get a little bloody.” It’s the union way.

Civility police, where are you now?

Instapundit:

And you’d think someone from the Communications Workers’ union would know better than to strike someone with a camera. But take a look at the video and you’ll see the angry, yet impotent face of today’s labor movement — right before the punch.

Jim Treacher at The Daily Caller:

I know Tabitha. She’s one of the nicest people I’ve ever met. I’m sick of this crap. We get months of “Teabaggers are violent” — hell, years — when in reality, Tea Partiers have been the recipients of violence. Meanwhile, these union guys are ratcheting up the violent rhetoric and now actually assaulting people in broad daylight. Come on, somebody defend this violent jackass. I dare you.

Moe Lane:

Tabitha Hale of Freedomworks is a friend and RedState colleague; which is the secondary reason why there is currently a red haze across my vision.  The primary reason, of course, is because I cannot abide men who hit women.

Robert Stacy McCain at The American Spectator:

In another incident at the same protest, also   captured on video, one of the union picketers made a comment about a lack of diversity among the FreedomWork activists. When a FreedomWorks supporter responded that he was Jewish, this prompted a young woman in the AFL-CIO mob to begin yelling that he was “bad Jew!”

So it would appear, based on this woman’s rant, that Richard Trumka has become the High Priest of Righteous Judaism — which is kind of strange, considering that Trumka’s Italian.

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Filed under Crime, New Media

Who Is Happy With This Budget? No One? Bueller? Bueller?

David Rodgers at Politico:

Long on tough choices, short on final answers, President Barack Obama’s new 2012 budget goes to Congress on Monday in what many hope is only an opening bid before he and Republicans come to the table on a bipartisan deficit reduction plan.

For the current year, the White House projects a more-than-$1.6-trillion deficit — even higher than the Congressional Budget Office forecast. But outlays would actually drop in 2012 and stabilize in the $3.7 trillion range, as deficits fall to $1.1 trillion in 2012 and $768 billion in 2013.

After November’s election results, no one assumes this is sufficient, but more than any of Obama’s prior efforts, the new budget makes choices that help define the man himself.

He bets big on education spending — an 11 percent increase next year — while altering the Pell Grant program to try to save the aid levels now allowed for college students from the poorest families. The National Institutes of Health would grow by about $1 billion, even as old anti-poverty programs and heating assistance would be reduced. And $62 billion in Medicare savings would be plowed back into paying physicians who care for the elderly.

Foreign wars, particularly the one in Afghanistan, would cost $118 billion, but for the first time in many years, total expenditures for the Pentagon and military would begin to fall. And while Republicans ridicule Obamat’s five-year cap on domestic spending, it has bred new restraint in the president.

Jonathan Cohn at TNR, before the budget came out:

Between the administration’s recent statements and a series of calculated leaks, we have a pretty good idea of what Obama is trying to do. He’s going to call for spending more money on education and other public investments, but he’ll also endorse enough cuts to keep overall non-defense discretionary spending at last year’s levels. Elementary and secondary school education, for example, should get a boost. But Pell Grants, for low-income college students, are going to take a hit, albeit a carefully crafted one.* There will be more money for building high-speed rail but less for helping low-income families pay their heating bills.

Is this a good thing? In absolute terms, clearly, the answer is no. The demand for Pell Grants is unusually high right now; among other things, cash-strapped states are raising tuitions at state schools just as cash-strapped students and families have fewer resources to pay them. Energy costs for next winter, when the cut in heating assistance would take effect, are likely to be higher than at any time since 2008. Unless the economic recovery quickens very suddenly, plenty of people will struggle to pay those heating bills. And those are just two examples of program reductions that will leave needy Americans even more needy.

But everything is relative, and that means judging these cuts alongside both the modest increases you’ll find elsewhere in this budget and the much larger increases you saw in previous ones. Robert Greenstein, director of the Center on Budget and Policy Priorities, will spend the next few days dissecting the Obama spending request and, as he does, he will likely find plenty not to like. But, during an interview, he also put disappointments in context:

I think [Obama’s] record is very strong — major expansions in refundable tax credits for the working poor, major expansion of student financial aid for low-income students so that more of them can go to and complete college, and of course, major health reform that will extend coverage to 32 million uninsured people. This is the most impressive record of any president since LBJ.

Obama’s spending request looks even better when you consider what the Republicans would do if left to their own devices. They haven’t committed themselves to a 2012 budget just yet. But they’ve said they want a far deeper freeze than Obama’s, reducing non-defense discretionary spending to what it was in 2008. On Friday, they offered a preview of that vision when they announced their proposal for how to finance government for the remainder of the current fiscal year.

They want far more severe cuts to Pell Grants and home heating assistance, plus reductions to such essential services as food inspections and the elimination of programs like Americorps. They also want to reduce spending on the Special Supplemental Nutrition Program for Women, Infant, and Children. That initiative, known as WIC, provides nutritional assistance to expectant mothers and newborns. As Paul Krugman notes, that cut will hurt today and tomorrow, since kids who grow up malnourished are more likely to have problems later in life.

Ezra Klein:

Happy Valentine’s Day, Wonkbook readers: I know you said not to get you anything this year, but I saw the president’s 2012 budget coming out and, well, I couldn’t resist. Head here at 10:30AM EST to download it. You’re welcome.

The budget — which proposes to spend $3.73-trillion in 2012 — includes $1.1 trillion in deficit reduction over the next 10 years. Two-thirds of that comes from spending cuts, with the largest chunk the administration’s proposed five-year freeze of non-security discretionary spending. The final third comes in tax increases. If all goes well, that’ll take the deficit down from the 10.9 percent of GDP we’re projecting for 2011 to 3% of GDP in 2017 — a much more manageable level. Entitlements, tax expenditures, and other traditionally toxic parts of the federal budget are not being addressed. The final document bears very little resemblance to the report produced by the president’s fiscal commission.

One thing to note: The document assumes that the high-income tax cuts expire in 2012, as they’re currently projected to do. The administration isn’t counting that in their $1.1 trillion of deficit reduction, but if the prediction is wrong and the Bush cuts do get another extension, they’ll wipe out most of this budget’s savings in one fell swoop. Conversely, if we decided to get serious about the deficit and let all of the Bush tax cuts expire in 2012 — yes, including the cuts for the not-so-rich — the reduction in the deficit would be vastly larger than anything envisioned in this budget. It’s an odd turn of events, but for all that this budget, and the various Republican proposals, attempt to actually do for the deficit, the biggest single thing we could do would be to do, well, nothing: Let the Bush tax cuts expire and let the health-reform law and the associated Medicare cuts and excise tax get implemented as planned. Doing by not doing: That’s the zen of deficit reduction. Somehow, I doubt Washington will find it very calming.

Peter Suderman at Reason:

Echoing the administration’s line that “the easy cuts are behind us,” Politico’s David Rogers says Obama’s 2012 budget is “long on tough choices.”  That depends on how you define “tough.” Jake Tapper of ABC News gives those alleged hard choices some context: “At no point in the president’s 10-year projection would the U.S. government spend less than it’s taking in.” By the president’s own definition, then, today’s budget plan isn’t sustainable.

Instead, the president outlines a plan that would keep the yearly deficit above $1.6 trillion this year and around $1.1 trillion the year after. The 10-year plan is to shave off about $1.1 trillion from the next decade’s total expected deficit. But in the context of a $7 trillion-plus projected deficit, this is hardly a breakthrough, or a serious fix. Last December, the president’s own fiscal commission proposed about $4 trillion in cuts, including an overhaul of Social Security. The president’s budget, by contrast, barely touches our unsustainable entitlements—and certainly doesn’t offer anything in the way of major reform.

In other words, despite the president’s recognition of the basic math underlying our country’s ongoing fiscal distress, his budget still doesn’t fix the problem that we spend more than we make. So much for confronting the facts.

Brian Darling at Redstate:

The fact of the matter is that the President is using fuzzy math to create an inflated budgetary baseline (in other words he has inflated projected spending over a 10 year period) so that he can claim cuts that don’t exist.  Today is the President’s day to pitch his plan, but the Obama Administration has to answer why his baseline is so inflated and why he is planning to raise taxes at a time of economic pain.

The President’s budget has something called the “Bridge From Budget Enforcement Act Baseline to Adjusted Baseline.”  This is the math theory used to create the fiction of cuts to the deficit.  This document has a “Budget Enforcement Act Baseline” deficit of $5.5 trillion over the 2012-2021 period and adds in some calculations to inflate that deficit baseline.

The President is actually cutting the projected deficit using projections created by his own administration.  This is a great way to make it look like he is going to balance the budget in 2021, a date where he will be far away from the Oval Office and in no way can he be blamed if his numbers do not pan out.

The Obama Administration adds in a factor, the “indexing to inflation the 2011 parameters of the Alternative Minimum Tax” which adds $1.5 trillion to the Obama baseline.  Then the Obama numbers crunchers add a continuation of the tax cuts for middle income taxpayers to the tune of $1.3 trillion.  Please note that this projection does not calculate in an extension of tax cuts for job creators — this is an projected increase in taxes starting in the first year of President Obama’s replacement.

More Obama math.  Add in a $3.3 trillion in program adjustments and $642 billion in debt services on adjustments.  Add in all of these projections to the baseline and you have adjusted the baseline from $5.5 trillion to $9.39 trillion in debt from 2012-2021.  That is how you adjust debt upward to make it look like the President’s budget is cutting spending.  You inflate projected spending over the next 10 years then increase spending at a lower rate than the baseline, you can create a “cut.”

On taxes, the President has hidden a massive increase in the gas tax.  There is a line item in the President’s budget summary tables titled “Bipartisan financing for Transportation Trust Fund” that adds up to $328 billion from 2012-2021.  In the President’s Bipartisan Debt Commission Report, they recommended a 15 cent increase in the gas tax.  The President’s budget seems to assume that his commission’s report is implemented by Congress and send to his desk.  This is an implicit endorsement of a massive increase in the price of gas at the pump in the form of increasing the federal gas tax from $18.4 cents.  If this idea does not pass, then you have a $328 billion shortfall in the projected transportation budget.

Jonathan Chait at TNR:

Andrew Sullivan is back from his absence and in incredibly high dudgeon over the Obama administration’s failure to propose a more austere budget. Andrew concedes that any such proposal would fail and exact huge political damage upon Obama but somehow thinks it’s unconscionable Obama didn’t do it anyway:

The cynical political calculation is obvious and it is well put by Yglesias and Sprung. If Obama backs Bowles-Simpson, the GOP will savage him for the tax hikes, while also scaring the wits out of the elderly on Medicare. The Democratic left – just look at HuffPo today – will have a cow. Indeed, if Obama backs anything, the GOP will automatically oppose him. He has to wait for a bipartisan agreement which he can then gently push ahead. But that’s exactly why we are in this situation today. Because no president has had the balls to deal with it, and George W. Bush made it all insanely worse.

So… why would proposing something that gets shot down not be not only useful but an absolute moral obligation? I don’t really get it. It seems like the smart play is to first win the budget showdown and try to beat some sanity into the Republicans, who can’t possibly compromise right now, and then either cut a deal or (preferably) just let the GOP kill the entire Bush tax cuts for you, which would more or less take care of the medium-term deficit problem.

Anyway, that’s not even my main point. My main point is that Andrew seems to endorse the endlessly discredited doc fix myth:

But in a mere nine years, entitlements will account for 64 percent of all federal spending. And Obama just punted on his promise to cut Medicare payments to doctors, as pledged under Obamacare as a core part of the case that health insurance reform would cut the deficit. So congrats, Megan. We can chalk that up as a cynical diversion (even though Obama pledges to find savings elsewhere in the Medicare budget to make up for this lie – a promise we now have no reason to trust or believe).

Once again, the physician reimbursement is not part of the Affordable Care Act. It’s part of a poorly-drafted 1997 law. Promising to carry out the never-intended 1997 physician reimbursement cuts was not part of the Affordable Care Act. Nor is it anybody’s idea of good policy. I’ve seen this myth circulating among conservatives and hard-core libertarians but it’s the first time I’ve seen it leap over the ideological divide. One of my many attempts to dispel the myth can be found here.

Andrew Sullivan:

Chait says there is no point in Obama proposing a real solution to the country’s medium-term fiscal collapse … because of the nature of the current Republicans. That’s Jon Cohn’s and Josh Marshall’s position too. I have not exactly been easy on the GOP either and their fiscal fraudulence when it comes to the long-term debt. And yet Tom Coburn boldly came out in favor of Bowles-Simpson, and Saxby Chambliss and Kent Conrad are on board for serious long-term entitlement and tax reform. It seems a little strange to believe that a GOP just elected on a platform of ending the debt would oppose Bowles-Simpson’s outline for eventual fiscal sanity. And if they did, Obama could call them out for their fiscal recklessness.

Instead, Obama’s transformation into a “what debt crisis?” liberal means that the GOP for the first time can legitimately call Obama out on his fiscal recklessness. Like Megan, I can see the point of spending in a recession. But when you have a new opportunity to set a new fiscal compass in a slowly recovering economy, outflank the GOP on the long-term debt, and help prevent a looming fiscal collapse, and you give the lame-ass SOTU Obama gave and unveil the risibly unserious budget we got yesterday, you reveal yourself as, well, not exactly change and certainly not hope.

I am not turning on the president given the alternatives, but I am not going to use the alternatives as excuses for the president to shirk his core responsibility to the next generation. I didn’t send eight years excoriating George “Deficits Don’t Matter” Bush to provide excuses for Barack “Default Doesn’t Matter” Obama. Like other fiscal conservatives, I’m just deeply disappointed by Obama’s reprise of politics as usual – even as the fiscal crisis has worsened beyond measure in the last three years. My point is that actually being honest about the budget and what it will take to resolve its long-term crisis is not political suicide, as Chait says. It’s statesmanship. It’s what a president is for.

One reason many of us supported this president was because he pledged not to return to the cynical politics of the Washington game in which partisan maneuvring always, always outweighs the national interest. But what he is telling us now is that he is indeed a classic pol, aiming for re-election, even if the US risks becoming a fiscal banana republic in the next decade.And if you really wanted to help the economy, wouldn’t reassuring domestic industry and international markets that the US is not on an auto-pilot for default be a lot more effective than planning more broadband access (however admirable that may be)? Does the president really believe that leaving Medicare and defense and Medicaid as they are is sustainable?

Leadership is not a bullshit SOTU that dredges up that ancient cliche about a “Sputnik moment” (really, Favreau? That’s all you got?), as if Obama were Harold Wilson extolling the “white heat” of the technological revolution as some sort of cure-all. It is not new slogans like “cut and invest”, which involve trivial amounts of money in the grand scheme of the things and may do actual harm to good government programs, instead of tackling where the real money is. It isn’t trimming a pathetically small amount from defense, while still adhering to Cold War troop deployments across the entire globe.

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Continuing With “The Koch Fight”

Christian Hartsock at Big Government:

I recently took a two-day trip down to Palm Springs to attend an event called “Uncloaking the Kochs” hosted by Common Cause. Accompanied by my dear friend, former assembly candidate Alvaro Day, I traveled as an independent investigative journalist, and not in any official capacity on behalf of Big Government or Breitbart.com (though I was pleasantly surprised to run into a familiar friend of mine on rollerblades jovially inviting everyone to Applebee’s).

[…]

We were then ushered outside to the parking lot across from the hotel in which the Koch brothers were holding a meeting, whereupon we were encouraged to yell at the building, decrying not only the Kochs, but Justices Clarence Thomas and Antonin Scalia for their Citizens United ruling. Oh, and Fox News while we were at it.

We were joined by at least half a dozen busloads of public sector union members and common demonstrators from AFFCE, The Ruckus Society, 350, Greenpeace, Code Pink, and the Progressive Democrats of America, among others, without whose valuable contributions to the yelling, the rally would’ve been just a lousy bust. Video camera in hand, I purposely engaged them to get beyond their programmed talking points, only to find some rather colorful agenda items – particularly for Justice Thomas.

In post-Tucson America, where for the past few weeks a chorus of voices on the left have amplified their attacks on the “racist tea party,” “racist conservatives,” “racist Republicans,” and their “violent, irresponsible rhetoric” to the degree of accomplice-to-murder accusations, I figured a left-wing rally such as this would also be a demonstration of the left’s ideal, self-proclaimed rhetorical composure.

And having done extensive video coverage interviewing demonstrators in over fifty tea parties in forty-five cities in twenty-five states yet finding a total of zero instances of the “racist” and “violent” stigmas the left relentlessly assures us are true, I certainly didn’t expect to find almost every imaginable instance at one single “progressive” rally. But who was I to make presumptions?

So if on top of perpetuating the perennial narrative of the exclusively right-wing corporatist machine, “progressives” want to further their accusations of alleged predominant “racism” and “violence-baiting rhetoric” in the conservative movement, then game on.

Weasel Zippers:

This event was attended by public sector union members, demonstrators from AFFCE, The Ruckus Society, 350, Greenpeace, Code Pink, and the Progressive Democrats of America, among others. Here’s small sample of quotes about Supreme Court Clarence Thomas:

“Put him back in the fields, he’s a dumb-sh*t scumbag, put him back in the fields”

“String him up”

“Torture him”

“Bad things”

“Cut off his toes and feed them to him”

Bruce McQuain at Q and O:

Pretty much speaks for itself, doesn’t it?

Moe Lane at Redstate:

I know, I know: there is something kind of disturbing about seeing people relaxed enough to express sick and twisted rhetoric like this without fear of consequences – and it’s definitely infuriating that you and I have to watch and filter every word we say or write, or at least be aware that if those words can be twisted, they will be.  But look on the bright side: if this crowd is any indication, being able to spout their racist filth freely has the side effect of gradually lowering their IQs to room-temperature levels.  Given that the Left generally likes to sneer at the Right’s collective intelligence, well… karma: it’s what’s for dinner.

Still, I want to show you the worst person in this video.  And let me tell you, she had some competition.

Ed Morrissey:

Granted, the cameraman is trying to get the people to say something outrageous, but he also doesn’t have to try very hard. He asks people at the rally what “we” should do after impeaching Clarence Thomas to get justice for Anita Hill, and he gets some mighty interesting answers:  Send him “back to the fields.” “String him up.” “Hang him.” “Torture.” One older woman wants his wife Ginny Thomas strung up as well. A younger and more creative woman wants Justice Thomas’ toes chopped off and forced-fed to him. Thomas isn’t the only one to get the necktie treatment; one protester wants Fox News executive Roger Ailes to get hung as well.

RB at The Right Sphere:

But let’s get right down to the brass tacks, shall we? Racism.

How long have we heard the steady mantra: “The Tea Party is racist”? Since day one. Nearly every Leftist pundit, columnist, and “journalist” on the planet has at some point or another implied or flat out stated that the Tea Party movement is racist. Congressmen have even accused Tea Party / Anti-HCR protesters of using the “n word” and spitting on them during rallies. To this day many still claim this happened despite the lack of evidence.

Are there racists who are also Tea Partiers? Of course. As the video proves, there are racists everywhere… even on the Left. Do those racists speak for the entire movement? Of course not. Do those racists represent even a significant portion of the movement? Only insofar as the racists in the video above represent a significant portion of the Left. But that has never stopped the Left from hurling their accusations against the entire conservative movement or the Tea Party, has it?

Let’s just imagine if the video above was taken during a Tea Party rally and several participants stated that a sitting US Supreme Court Justice should be sent “back to the fields” or “strung up”. Picture the news coverage. Predict what Chris Matthews or Rachel Maddow or Keith Olbermann (if he still had a show) would be saying right now and over the next few days. It would be non-stop. Democrat Congressional members would be using the tape as “proof” of what is really behind the opposition to ObamaCare or any other piece of legislation they want to get passed.

“The racist Tea Party.” That’s all you’d hear.

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Vinson Goes The Whole Taco

Erick Erickson at Redstate:

I am not, with this post, going to attempt a detailed exposition on Judge Vinson’s ruling that declared the individual mandate unconstitutional and, due to the lack of a severability clause, struck the whole law as unconstitutional. But I will give you a brief overview and direct you to other good sources.

Here are the basics you will need to start your day.

First, you need to understand that the case before Judge Vinson was not directed at whether the federal government can involve itself in healthcare. Instead, the case was whether the individual mandate is constitutional.

The individual mandate is the keystone to the whole legislation. Without it, the funding mechanisms of the law collapse in on themselves. Judge Vinson ruled that forcing people to buy healthcare insurance, whether they want it or not, is unconstitutional.

Ilya Shapiro at Cato:

In short, if I read the opinion (plus this final judgment) correctly — quite apart from both the lofty philosophical principles I applaud Judge Vinson for adopting and the nitty-gritty technical details of his individual mandate analysis — Obamacare is dead in its tracks.  Now, Judge Vinson himself or the Eleventh Circuit (or even the Supreme Court) may issue an emergency stay of this or any other part of the ruling, but as of right now, the federal government must stop implementing Obamacare.

Aaron Worthing at Patterico:

Well, go ahead, see what happens if you try to implement Obamacare without actually overturning the decision.

And notice that term “activism.”  The correct translation when a liberal says it is “a decision I don’t like.” There is no other definition for liberals.  They don’t mind cases that overturn precedents, that overturn federal laws, and that invent rights out of thin air.  Let’s suppose for the sake of argument that the judge’s opinion is supported by the constitution or precedent—they have no principled objection to that.  So their objection is merely to losing.

And meanwhile anonymous White House officials had this to say:

White House officials said that sort of “surpassingly curious reading” called into question Judge Vinson‘s entire ruling.

“There’s something thoroughly odd and unconventional about the analysis,” said a White House official who briefed reporters late Monday afternoon, speaking on condition of anonymity.

David Bernstein:

Hmm. I think it’s a bit curious that the White House would send an “anonymous” official to criticize the ruling of an Article III judge, and surpassingly curious that a gaggle of reporters would agree to respect the aide’s anonymity in exchange for the “anonymous” quotes.
Shouldn’t the reporters either tell the official to go on the record, or refuse to take part in a “briefing” that amounts to simply a colorful attack on an unfavorable opinion?

Orin Kerr:

Now let’s return to Judge Vinson’s analysis of the Necessary & Proper Clause. The words of the relevant Supreme Court cases point to an extremely broad power, and Judge Vinson is supposed to be bound by those words. But Judge Vinson concludes that these words can’t be taken at face value because “to uphold [the mandate] via application of the Necessary and Proper Clause would [be to] . . . effectively remove all limits on federal power.” Page 62. He writes:

[T]he Commerce Clause limitations on the federal government’s power would definitely be compromised by this assertion of federal power via the Necessary and Proper Clause. . . . .The defendants have asserted again and again that the individual mandate is absolutely “necessary” and “essential” for the Act to operate as it was intended by Congress. I accept that it is. Nevertheless, the individual mandate falls outside the boundary of Congress’ Commerce Clause authority and cannot be reconciled with a limited government of enumerated powers. By definition, it cannot be “proper.”

This might work as a Supreme Court opinion that can disagree with precedent. But Judge Vinson is just a District Court judge. And if you pair Justice Thomas’s dissent in Raich with Judge Vinson’s opinion today, you realize the problem: Judge Vinson is reasoning that existing law must be a particular way because he thinks it should be that way as a matter of first principles, not because the relevant Supreme Court doctrine actually points that way. Remember that in Raich, the fact that the majority opinion gave the federal government the power to “regulate virtually anything” was a reason for Justice Thomas to dissent. In Judge Vinson’s opinion, however, the fact that the government’s theory gave the federal government the power to “regulate virtually anything” was a reason it had to be inconsistent with precedent.

Obviously, I’m not arguing that Judge Vinson was bound by Justice Thomas’s dissent. Rather, my point is that Judge Vinson should not have used a first principle to trump existing Supreme Court caselaw when that principle may not be consistent with existing caselaw. Either Justice Thomas is wrong or Judge Vinson is wrong, and Judge Vinson was not making a persuasive legal argument when he followed the first principle instead of the cases. Because Judge Vinson is bound by Supreme Court precedent, I would think he should have applied the cases.

Anyway, I realize this argument will only resonate with readers who care about binding precedent, which at times seems like a vanishingly small group of readers. But it does seem to be the weak link in Judge Vinson’s opinion for the three of us who are interested in whether the decision is correct under existing law.

UPDATE: I closed the comment thread, as it featured the same commenters making the same comments that they have each made several dozen times before.

ANOTHER UPDATE: My co-blogger Ilya Somin defends Judge Vinson by pointing out that the Supreme Court’s majority opinions insist that the federal government does not have completely unlimited power. Ilya’s argument is unpersuasive because the existence of nonzero limits in no way implies the existence of major limits. The current state of Commerce Clause doctrine is that there are certain largely symbolic limits on federal power but those limits are relatively minor: As Justice Thomas put it, Congress can regulate virtually anything.  Judge Vinson says that this cannot be the law because it would make the federal government too powerful. But Judge Vinson does not consult existing doctrine before declaring the principle, and that’s the problem: If you take existing doctrine seriously, it readily fits the mandate under the Necessary and Proper clause.

Peter Suderman at Reason

John Hinderaker at Powerline:

Based on existing Supreme Court precedents, Judge Vinson’s opinion strikes me as well-reasoned. But this case is different from any that have yet come before the Court, and the Court could go either way. The final decision will be essentially political.

While everyone purports to agree in principle that our federal government is one of limited, enumerated powers, the true liberal position is that there are no limits at all on what the federal government can do, except as set forth in the Bill of Rights. Thus, the delineation of the role and powers of the national government, as laid out in the main body of the Constitution, is ignored. On the other hand, the amendments are selectively given an expansive reading where necessary to prevent the government from doing something that liberals do not think is appropriate (e.g., enforcing laws against abortion). Affirming Obamacare would represent a new high-water mark for that philosophy.

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