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Deal or No Deal…

There was bipartisan understanding that when the Iranians indicated a readiness to talk the U.S. would lead the negotiations to test Iran’s seriousness. – Statement supporting the Iranian nuclear agreement signed by sixty bipartisan foreign policy and national security leaders.

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Republican opposition to the Obama administration’s historic nuclear deal with Iran has been visceral. Most Republicans disliked the idea even before negotiations commenced in earnest. They hated the deal when the preliminary details emerged months ago. Now they detest the final agreement.

U.S. and Iranian negotiators earlier this year.

U.S. and Iranian negotiators earlier this year.

Much of the opposition is purely partisan, some is based on historic rightwing Republican opposition to any foreign policy agreement, a good deal is based on both a concern about the deal’s impact on Israel and a desire to curry favor with the Israeli-American lobby, and some is based  – a minor consideration one suspects – on the belief that a better deal could be had if only there were better negotiators.

I wrote back in April about the traditional Republican skepticism about foreign policy agreements that dates back to the Treaty of Versailles, but the current visceral NO seems in an altogether new category of opposition.

Placed in the wide context of presidential deal making in the post-war period, the almost total Republican opposition to a deal, which is designed to prevent, or at the very least substantially delay, Iranian development of a nuclear weapons, is a distinct outlier. It is difficult to find an historic parallel to the level of partisan disdain for a major foreign policy initiative of any president, Republican or Democrat. It amounts to the emergence of a new political generation of what Harry Truman’s Secretary of State Dean Acheson once called “the primitives.”

Return of “the primitives…”

It took the administrations of Dwight Eisenhower and John Kennedy more than eight years to negotiate a test ban treaty with the Soviet Union. Kennedy doggedly pursued the negotiations – Great Britain was also a party to the talks – and finally signed the treaty in August 1963. A few weeks later the Senate ratified the agreement by the strongly bipartisan margin of 81-19 with fifty-six Democrats and twenty-five Republicans constituting the majority.

John Kennedy signs test ban treaty flanked by Senators Fulbright and Dirksen and, of course, LBJ.

John Kennedy signs the limited test ban treaty in 1963 flanked by Senators Fulbright and Dirksen and, of course, LBJ.

The treaty came about in the wake of the Cuban missile crisis, hardly a moment in 20th Century history when trust in the Russians was at a high point. The same could be said for Richard Nixon’s effort to craft the first strategic arms limitation treaty or Ronald Reagan’s later efforts to strike a grand disarmament bargain with the Soviets that Reagan hoped would eliminate nuclear weapons.

Jimmy Carter’s effort to sign and ratify the Panama Canal treaties in the late 1970’s arguably contributed to his defeat in 1980, as well as the defeat of several Senate liberals – Idaho’s Frank Church, for example – who courageously supported the effort to ensure stability around the vital canal by relinquishing control to the Panamanians. Senators from both parties supported the treaties or they never would have been ratified.

In each of these cases there was substantial political opposition to presidential action, but it is nearly impossible when looking closely at this history not to conclude that each of the “deals” were beneficial to long-term U.S. security. An underlying assumption in each of these historic agreements is that presidents of both parties act, if not always perfectly, always with desire to produce an outcome that is in the nation’s – and the world’s – best interest. Few reasonable people would suggest, given the intervening history, that Eisenhower or Kennedy, Nixon or Carter or set out to make a deal that was not ultimately in the country’s best interest or that would imperil a long-time ally.

Yet, that is precisely what Republican critics of President Obama’s agreement with Iran are saying. Representative Trent Franks, an Arizona Republican, called it “an absolute disgrace that this president has sacrificed the security and stability” of Israel in order to reach a deal. “This is a betrayal that history will never forget,” Franks added. Franks is the same guy who introduced a resolution authorizing war with Iran back in 2013.

Illinois Republican Senator Mark Kirk.

Illinois Republican Senator Mark Kirk.

Illinois Republican Senator Mark Kirk went even farther. “This agreement condemns the next generation to cleaning up a nuclear war in the Persian Gulf,” Kirk said. “It condemns our Israeli allies to further conflict with Iran.” Kirk continued: “This is the greatest appeasement since Chamberlain gave Czechoslovakia to Hitler.” The senator predicted that Israel would now have to “take military action against Iran.”

Idaho Senator James Risch, a Republican and member of the Foreign Relations Committee, said “the deal shreds the legacy of arms control and nonproliferation that the United States has championed for decades – it will spark a nuclear arms race in the Middle East that will be impossible to contain.” Risch accused the president and Secretary of State John Kerry of going back on commitments to Congress and said, “The West will have to live with a nuclear Iran and will abandon our closest ally, Israel, under this horribly flawed agreement.”

Senator Lindsey Graham, a GOP presidential candidate, said “This is the most dangerous, irresponsible step I have ever seen in the history of watching the Mideast. Barack Obama, John Kerry, have been dangerously naïve.” Graham admitted on national television that he had not read the agreement, which was announced just an hour before the South Carolina senator pronounced his judgment.

OK…What’s Your Suggestion…

When you sift through the various denunciations of the Iran deal you find a remarkable degree of consistence in the criticism: abandonment of Israel, a nuclear arms race in the Middle East, assurance that Iran would be locked into an absolutely certain path to attain nuclear weapons. What is also remarkably consistent is that among all the words used to denounce the deal are very few that actually address the details contained in the 150-plus page document. As a result, Republicans come dangerously close to suggesting that Obama and Kerry have consciously sold out Israel, made an already explosive Middle East more so and weakened U.S. national security all in the name of just naively making a deal.

There are legitimate questions about the best way to contain Iran in any quest for the ability to produce nuclear weapons. Would continuing sanctions against Iran without international inspections of Iranian facilities be better as an approach that what Obama suggests, which allows for detailed oversight that is backed by our allies the British, French and Germans, as well as Putin’s Russia? That would be a real debate over effectiveness, a principled discussion over means and ends.

There are two men in Washington to watch closely as this “debate” reaches the end game. One is Tennessee Senator Bob Corker, the chairman of the Foreign Relations Committee, who has lately railed against the agreement, but remains a thoughtful, fair-minded voice on foreign policy deals. The other is Energy Secretary Ernest Moniz, one of the key members of the U.S. team that worked out the deal with Iran who all seem to agree actually knows something about the subject of nuclear weapons development.

In a recent NPR interview, Moniz offered a full-throated defense of the agreement. “I think we should realize that basically forever, with this agreement, Iran will be, in some sense, farther away from a nuclear weapon than they would be without it,” Moniz said. “Now, clearly in the early years, in the first decade, first 15 years, we have lots of very, very explicit constraints on the program that roll back current activities. Whether it’s in enrichment, whether it’s in the stockpile of enriched uranium that they hold, whether it’s in R&D, all of these are going to be rolled back, complemented by much, much stronger transparency measures than we have today.”

The Whole World is Watching…

While Congressional Republicans work to overturn the administration’s Iran deal – Mario Rubio has pledged, for example, to undo the deal on his first day in office – much of the rest of the world has moved on. The most impressive leader on the current world stage, Pope Francis, has endorsed the deal and will speak to Congress just days before the vote. Germany’s Angela Merkel, a politician who displays more grit and gumption than the entire United States Senate, strongly backs the deal. Great Britain has re-opened its long shuttled embassy in Tehran and French officials have spoken of a “new era” in its relations with Iran.

iranmapRejecting the deal will serve only to strengthen the hand of the Iranian hardliners and the other hardliner who is party to the agreement, Vladimir Putin of Russia. Do Congressional Republicans, or for that matter Democrats like Chuck Schumer who oppose the deal, think for a minute that Putin will not find a way to fill the void that will be left if the Iranian agreement collapses in the huff of American domestic politics?

Perhaps the Europeans recognize what some American politicians fail to grasp. A fifteen year, highly monitored deal to prevent Iran from developing nuclear weapons is about as good as it gets in the modern Middle East. The critics who wonder what happens after fifteen years are missing the fact that the interval provides a window for young and more worldly Iranians to assert themselves as the country tiptoes back into the world community.

The pragmatic bottom line question is simply this: can the U.S. and the rest of the western world continue a policy of isolation for a country of 80 million people, more than 40 percent of whom are under 24 years of age? Obama’s agreement isn’t perfect, but this deal gives the west leverage to influence and indeed control the Iranian nuclear threat for a not insignificant number of years into the future.

Without a deal our leverage consists of two blunt instruments: continued sanctions that further alienate a whole new generation of Iranians and a pre-emptive military assault on Iranian nuclear facilities. Some folks casually invoke the “bomb, bomb Iran” option, but cooler heads know it would very likely mean a general war in a region where the United States’ ability to turn its military might into political change has been a dismal failure.

Ironically, as the administration has now started saying, Iranian failure to live up to the terms of the nuclear deal would actually create the context and rationale for taking military action to end the threat of a nuclear Iran. The international community will never support unilateral U.S. military action, but could be made to support air strikes, for example, if the Iranians cheat on the agreement.

The president, I believe, will ultimately prevail on the Iran deal and we’ll quickly return full attention to the political circus running up to another election. Still, it is worth considering the question Obama has persistently asked the critics of his diplomacy: What is your option? The answer is mostly crickets, but it is still a good question.


Advise and Consent…

Years ago I enjoyed a delightful series of conversations with John Corlett, a true old-school newspaper reporter in Idaho who could recall political anecdotes with the sharpness that a gambler brings to counting cards in a Las Vegas casino. John’s career spanned a good part of the last century, from Franklin Roosevelt’s presidency to Ronald Reagan’s. He covered political conventions, wrote about statesmen and scalawags and he relished sharing his storehouse of memories every bit as much as I enjoyed hearing those memories.

Judge Chase Clark

Judge Chase Clark

One of many stories I remember involved former Idaho Governor and U.S. District Judge Chase Clark, the father-in-law of Senator Frank Church. Clark was part of a genuine Idaho political dynasty that featured two governors and a congressman who later became a U.S. Senator. Church married into the dynasty when he wed Bethine, the politically astute daughter of Chase Clark. The Clarks were mostly Democrats, but for bipartisan flavor the family also includes the remarkable Nancy Clark Reynolds, the Congressman’s daughter, and a Ronald Reagan confidante and D.C. power player.

Chase Clark ran for re-election as Idaho governor in 1942 and narrowly lost a re-match election with former Governor C.A. Bottolfson, the man Clark defeated in 1940. But 1942 was a Republican year, the country was at war, Roosevelt was in the second year of his third term and voters everywhere seemed to hanker for change. Corlett remembered that Democrat Clark considered his re-election chances to be less than stellar under those circumstances; so much so that Clark seems to have taken steps to create for himself a soft landing should the election turn out badly from his point of view.

As returns trickled in on election night 1942 it soon became clear that the governor’s race in Idaho would be a cliffhanger. Bottolfson eventually won by 434 votes out of more than 144,000 cast.

The Governor Who Wanted to Lose…

Late on election night as Corlett monitored the vote counting and tried to determine who was winning the very tight contest his phone rang. Governor Clark was on the other end of the line. “John,” he said, “it’s time for you to call the election for Bottolfson.”

Corlett could hardly believe what he was hearing. The incumbent Democrat was effectively conceding the election and doing so hours before it would become clear who the real winner might be. The curious phone call only made sense a few weeks later when Roosevelt announced Clark’s appointment to fill a vacancy on the federal bench in Idaho. A little over a month after leaving office in January 1943, Clark was nominated for the judgeship. He was confirmed by the Senate fifteen days later and served on the federal bench until his death in 1966.

Franklin Roosevelt

Franklin Roosevelt

Corlett was convinced that Clark had made a deal with Roosevelt before the election in 1942, a deal to have the president appoint him to the court should he lose, and John believed Clark actually wanted to lose, maybe even planned to lose. For Corlett, Clark’s election night telephone call concession was a political smoking gun. The governor wanted to be a federal judge a good deal more than he wanted to be a governor.

The life tenure of a federal judicial position (assuming good behavior) is just one attractive aspect of the job. The pay isn’t shabby, the working conditions are typically first rate and the retirement benefits quite nice thank you. As they say, “it’s indoor work with no heavy lifting,” unless you consider hours of sitting, listening, reading and writing strenuous. Done correctly, however, the job really should be demanding. It requires a certain temperament and a scholarly demeanor, experience, perspective, learning in the law and an abiding sense of fairness. It helps, as well, to be a real person with an ego in check, someone who is not overly impressed when everyone refers to you as “your honor.”

Idaho’s Next Judge…

I remembered the old John Corlett tale recently as I read the news of the unfolding and very secret process being managed by Idaho’s two Republican United States senators to fill the vacant judgeship on the federal district court in Idaho. As the Spokesman-Review’s Betsy Russell first reported, Senators Mike Crapo and Jim Risch have been quietly – very quietly – interviewing prospective candidates for the federal court position, but, as Russell also reported, two of the most obvious women candidates have not been interviewed, at least not yet.

The senators subsequently released a short statement to the effect that the confidential process was in everyone’s best interest and that men as well as women would be considered. Russell also reported that the current process is a dramatic departure from that used the last time Idaho had a federal court vacancy. In 1995, with Democrat Bill Clinton in the White House, Republican Senators Larry Craig and Dirk Kempthorne created a nine-member bipartisan panel made up of five Democrats and four Republicans. The partisan split was in deference to fact that Democrat Clinton would make the appointment. That process ultimately produced three stellar candidates, including current federal District Judge Lynn Winmill, who was nominated and confirmed and continues to serve with great distinction.

Judge Edward Lodge

Judge Edward Lodge

Crapo and Risch could have adopted a similar approach when respected Judge Edward Lodge announced his decision to move to “senior status” in September of last year. That they did not, and that only in the last few days has there been any news about the judicial position, might indicate that the senators aren’t really much focused on producing a candidate that will be both acceptable to them and to the person who under the Constitution actually makes the appointment, Barack Obama.

While its clear under the Constitution that the president “shall nominate, and, by and with the Advice and Consent of the Senate, shall appoint” federal judges, it is an unwritten fact of life in the United States Senate that no nominee gets approved by the Senate unless the senators of the state involved green light the appointment. This is particularly true when the Senate is controlled, as it now is, by one party while the other party holds the White House.

This political reality cries out, if indeed Idaho’s senators really want to see a judicial appointment while Barack Obama is still in office, for something like the bipartisan approach Craig and Kempthorne employed twenty years ago. It is entirely conceivable that the process now being used will produce a candidate that will turn out to be unacceptable to the White House and that may be what the senators truly desire. In the hardball of Senate politics the Idaho Republicans may have decided, as an Arizona Congressman actually said recently, that Obama should have not more appointments approved – period.

Idaho’s senators may have simply made the political calculation that they will “run out the clock,” while betting that a Republican wins the White House in 2016. Under this scenario Crapo and Risch will have teed up the candidate they want for early consideration by President Jeb Bush, Scott Walker or someone else.

With no more than seventy working days remaining on this year’s Senate calendar and with the Senate surely going into paralysis mode next year with a presidential election looming time will soon dictate whether an Idaho appointment is even possible. Even if Crapo and Risch were to produce a candidate relatively soon the White House and FBI vetting process could take months and extend into next year’s presidential morass. For the two senators this approach could neatly, if unfairly, place the blame for failing to fill the vacancy on the president’s desk.

The statement from Crapo and Risch last week made much of the need for an “entirely confidential” process. But it’s worth asking why? At least two widely mentioned, not particularly political and eminently qualified female candidates – U.S. Attorney Wendy Olson and federal Magistrate Candy Dale – have publicly acknowledge their interest in the appointment. Idaho, of course, is unique in that the state has never had a woman federal district judge. One suspects it is the senators insisting on the confidentially, since applying to become a federal judge, even if you are not selected, is hardly something most Idaho lawyers would hide under a bushel. Merely applying puts one in rare company.

One can certainly understand senatorial prerogatives and the Constitution wisely provides for “advice and consent” from the Senate, but a vacant federal judgeship that comes around maybe once in a generation really doesn’t belong exclusively to two U.S. senators or even to a president. The important job belongs to Idaho and given the nature of Idaho and national politics shouts out for a high degree of transparency.

Advise and Consent…Not So Much…

As this process stumbles forward the White House might consider these political facts:

Attorney General Loretta Lynch

Attorney General Loretta Lynch

Idaho’s two senators recently voted against the confirmation of a highly qualified African-American woman to become the first ever attorney general. They based their votes on the fact that Loretta Lynch, a seasoned federal prosecutor, merely said that she agreed with her boss, the president, on his immigration actions; actions admittedly controversial, but also currently under judicial review. Such conservative Senate stalwarts as Mitch McConnell, Orrin Hatch and Jeff Flake voted to confirm Lynch as attorney general, but not Crapo and Risch.

Additionally, from health care to Iran, Idaho’s senators have opposed virtually all of Obama’s policy actions. They regularly lambast the administration for everything from underfunding the Idaho National Laboratory to over regulating Main Street businesses. Obama’s budgets, they have said repeatedly, are awful, his foreign policy a disaster and the president regularly engages in extra-constitutional behavior. Little wonder then that Idaho’s senators, as reliably opposed to anything the White House proposes as any two senators in the nation, have shown so little interest in actually working with the president on the rare Idaho judicial appointment.

What Would FDR Do…

As the old story about Judge Clark in the 1940’s proves, being appointed a federal judge is a highly desirable job. Franklin Roosevelt placed the just defeated Chase Clark on the federal bench in 1942 without, near as I can tell, much if any involvement by Idaho’s two senators at the time.

Senator D. Worth Clark

Senator D. Worth Clark

In fact it’s very likely that Roosevelt could have cared less about the opinion of Senator D. Worth Clark, Chase’s nephew and Nancy Clark Reynold’s father, since Worth Clark was an outspoken opponent of FDR’s foreign policy. Coming as it did from a member of his own party, Roosevelt bitterly resented Clark’s harsh isolationist critique and let it be known that he did.

Senator John W. Thomas, a Republican, who was appointed to replace William Borah when he died in 1940, was, with the exception of foreign policy, philosophically far removed from the man he replaced. Roosevelt both liked and respected Borah even though the two men clashed on many things and had Borah, a long-time member of the Judiciary Committee, lived he certainly would have had a say in filling the Idaho judgeship. With a war to run it’s not hard to speculate that the opinions of Clark and Thomas counted for next to nothing in Roosevelt’s White House. While the Senate did “advise and consent” on Judge Clark, it can safely be said that Idaho’s two senators had very little to say about his appointment.

Perhaps in the current case Mr. Obama ought to engage in some of that dictatorial activity he is so often accused of and go ahead and appoint one of the highly qualified and non-political women candidates to the federal bench. Let Idaho’s senators explain why a sitting U.S. attorney already confirmed by the Senate, or a federal magistrate vetted by her peers, or any number of other qualified women aren’t acceptable. The way things look today President Obama has nothing too lose as the clock winds down on his term and he confronts a judicial selection in Idaho vetted and suggested by two senators who can hardly mention his name without a sneer.

Barack Obama might enjoy, just as Franklin Roosevelt often did, seeing some of his greatest opponents in the Senate squirm just a little. At the very least, Mr. Obama could go down in history as the first president who tried to appoint the first women to the federal bench in Idaho.


The Senator from McCook

I took a political pilgrimage last week to an out-of-the-way little town in my native state.

I’ve taken similar trips in the past to Mount Vernon and Hyde Park, to Independence, Missouri and once to Dixville Notch, New Hampshire, which every four years casts the first-in-the-nation votes for president.McCook My pilgrimage to tiny, remote McCook, Nebraska in Red Willow County, hard by the Republican River and a short drive north of the Kansas border was as meaningful as any I have ever taken.

McCook is the hometown of one of the greatest political figures of the 20th Century, a man – a senator, a statesman, an ideal politician that most Americans have long forgotten, or worse, never heard of. I went to McCook to see George William Norris’ town, his home and to remember why he deserves to be considered among a very small handful of the greatest of American politicians.

McCook is where Norris first got elected as a local judge and where Norris - MIcfriends continued to call him “Judge” long after he had become one of the most influential senators in American history. Judge Norris went to the United States Congress for five terms early in the 20th Century and eventually in 1912 to the U.S. Senate for five more terms.

Norris retired to McCook – it was decidedly not his idea – in 1943 after losing a re-election that, at age 81, he might well have been advised to avoid. But unlike most politicians who lose and are forgotten, Norris’ reputation should only have risen after 1942, but that is not the way things work in the brutal, forgetful world of American politics. George Norris is mostly forgotten these days even in his hometown and sadly, almost completely forgotten in the “what have you done for me today” world of contemporary political importance.

Still, any member of the current Congress would kill for the Norris record of real accomplishment.

George Norris at site of Norris Dam.

George Norris at site of Norris Dam.

Twice Norris passed legislation to create public ownership of the hydropower resources in the Tennessee River valley only to see Republican presidents – leaders of his own party – kill the idea. When Franklin Roosevelt came to power in 1933, Norris’ vision of a Tennessee Valley Authority (TVA) finally had a champion in the White House and the money was appropriated to construct Norris Dam and bring electricity to a vast swath of the American South. George Norris was the father of TVA and in many ways the father of public power in the American West.

When FDR ran for president in 1932, four percent of Nebraska’s farms had electricity. By the time his Nebraska constituents ignored Norris’ accomplishments and sent him into retirement in 1942 that number had increased to more than forty percent. George Norris was the father of the Rural Electric Administration – the REA – which he considered his most important accomplishment.

During his long career George Norris opposed U.S. entry into World War I, convinced it was a war forced on the country by greedy capitalists. Vilified for what many considered his “unpatriotic” stand, Norris came home to Nebraska, stood before the voters and said simply: “I have come home to tell you the truth.” Undoubtedly, many of his constituents still opposed his position, but his straightforward explanation of his action marked him as a man of great integrity and courage.

Norris conceived of the “unicameral,” single house, non-partisan legislature in Nebraska and campaigned across the state to ensure that the idea was approved at the ballot box by Nebraskans in 1934. Nebraska is still the only state in the country with the unique unicameral legislature. Norris argued for the idea as being more democratic than a system that allowed lawmakers to hide behind the “actions of the other house” and that gave special interests more avenues to influence legislation. It has been a noble experiment that others states might well consider.

In an earlier era when Wall Street and big bankers also dominated American politics, Norris took on the interests of greed and bigness and prevailed. He created a massive chart – the Norris spider – to illustrate to the Senate the vast web of financial interests that controlled everything from electricity to railroads, from oil wells to credit. Long before there was an Elizabeth Warren there was a George Norris.

Norris broke with his own party time and again on matters of principle and pragmatism most famously when he lead the 1910 revolt against the dictatorial rule of Republican House Speaker “Uncle Joe” Cannon. Norris rounded up the bi-partisan votes to strip Cannon of the ability to use the Rules Committee as his own personal tool to control the House of Representatives. Norris also broke GOP ranks in 1928 and again in 1932 to endorse Democratic presidential candidates. When Norris determined that Roosevelt deserved a second term in 1936, he ran for re-election in Nebraska as an independent and won.

When Norris lost his bid for a sixth senate term in 1942 to a Republican non-entity by the name of Kenneth Wherry, a former undertaker, he did something that no politician does any more – he went home to McCook to the house he and his wife had owned for Norris - Homedecades. He died in that house in 1944 never completely reconciled to having been turned out of office by his Nebraska neighbors.

The Norris house is preserved today as a Nebraska historical landmark complete with most of the furnishings that graced the modest two-story frame structure when the great man lived there. His books are in the bookcases. His plaque of appreciation from the TVA is prominently displayed. His 1937 Buick still sits in the garage. I think we may have been the only visitors of the day when we showed up last Friday afternoon.

In 1956 when a young Senator John F. Kennedy – with the help of his Nebraskan-born aide Theodore Sorensen – wrote his Pulitzer Prize winning Profiles in Courage, he included a chapter on George Norris, emphasizing Norris’ independence and willingness to fight for unpopular causes.

YOUNG-JFKA year later the U.S. Senate created a special committee – Kennedy was named chairman – to recommend five “great” former senators who would be recognized for their accomplishments. Kennedy’s committee labored for months to define senatorial “greatness” and eventually enlisted the help of 160 historians to advise them. The historians produced a list of 65 candidates. Kennedy joked that picking five senators from such a long list of worthies made choosing new members of the Baseball Hall of Fame look easy by comparison.

The scholar’s top choice was Norris. It wasn’t even close. The Nebraskan came in ahead of Daniel Webster, John C. Calhoun and Henry Clay, which you might think would have settled the matter. But members of the Kennedy committee had agreed among themselves that their recommendations must be unanimous. New Hampshire Republican Styles Bridges, who had served with Norris and didn’t appreciate his political independence as much as the group of historians did, black balled his consideration. Nebraska’s two Republican senators at the time also rebelled at any honor for Norris and as a result he was left off the list of all-time Senate greats.

[The list, by the way, included Webster, Calhoun, Clay, Robert Taft and Robert La Follette, Sr. In 2004, Senators Arthur Vandenberg and Robert Wagner were similarly recognized.]Norris - Time

Settling political scores is, of course, something politicians do, but the petty slight of George Norris, a product of small-town, rural Nebraska, who left a huge mark on American life, is a long ago error that should be corrected. Regardless of our personal politics, we should celebrate greatness in our political leaders. Lord knows there is little enough of it these days.

My pilgrimage to McCook convinced me all over again that while true political greatness is indeed a rare thing, George W. Norris had it. It was a moving and very special experience to step back into his world and know that such men once sat in the United States Senate.


Just Say No…

By all accounts Barack Obama has his work cut out for him convincing Congressional Republicans – and some Democrats – that his proposed obama0404nuclear weapons control agreement with Iran is better than having no deal at all.

Republican skepticism about an Obama initiative certainly isn’t surprising, since the president has seen something approaching universal disdain for virtually anything he has proposed since 2009. That Republicans are inclined to oppose a deal with Iran shouldn’t be much of a surprise either. In the post-World War II era, conservative Republicans in Congress have rarely embraced any major deal- particularly including nuclear agreements – which any president has negotiated with a foreign government.

Republicans Have Long Said “No” to Foreign Deals…

Before they were the party of NO on all things Obama, the GOP was the party of NO on international agreements – everything from the Treaty of Versailles at the end of World War I to the Panama Canal Treaties during Jimmy Carter’s presidency. Even when Ronald Reagan Mikhail-Gorbachev-Ronald-Reaganattempted a truly unprecedented deal in 1986 with Mikhail Gorbachev to actually eliminate vast numbers of nuclear weapons – the famous Reykjavik Summit – most conservative Republicans gave the idea thumbs down and were happy when it fell apart.

And, near the end of his presidency when Reagan pushed for a treaty limiting intermediate nuclear weapons, conservatives like North Carolina’s Jesse Helms, Wyoming’s Malcolm Wallop and Idaho’s Jim McClure thought that Reagan, then and now the great hero of the conservative right, was plum crazy.

Much of the criticism of Reagan from the hard right in the late 1980’s sounds eerily like the current critique of Obama, which basically boils down to a belief that the administration is so eager for a deal with Iran it is willing to imperil U.S. and Israeli security. As Idaho’s McClure, among the most conservative GOP senators of his day, warned about the Reagan’s deal with Gorbachev in 1988, ”We’ve had leaders who got into a personal relationship and have gotten soft – I’m thinking of Roosevelt and Stalin,” but McClure was really thinking about Reagan and Gorbachev.

Howard Phillips, the hard right blowhard who chaired the Conservative Caucus at the time, charged that Reagan was ”fronting as a useful idiot for Soviet propaganda.” Helms actually said Reagan’s jesse-helms-reagan_685352cnegotiations with Gorbachev put U.S. allies in harms way, just as Mario Rubio, Ted Cruz and Scott Walker say today Obama is putting Israel at risk. ”We’re talking about, perhaps, the survival of Europe,” Helms declared in 1988.

Walker, who was 20 years old when Helms’ was preaching apocalypse, told a radio interviewer last week that the Iranian deal “leaves not only problems for Israel, because they want to annihilate Israel, it leaves the problems in the sense that the Saudis, the Jordanians and others are gonna want to have access to their own nuclear weapons…” Never mind that the whole point of the Iranian effort is to prevent a nuclear arms race across the Middle East.

Date the GOP No Response to FDR and Yalta…

Historically, you can date the conservative Republican opposition to almost all presidential deal making to Franklin Roosevelt’s meeting with Stalin at Yalta in 1945 where FDR’s critics, mostly Republicans, contended he sold out eastern Europe to the Reds. “The Yalta agreement may not have been the Roosevelt administration’s strongest possible bargain,” Jonathan Chait wrote recently in New York Magazine, “but the only real alternative would have entailed continuing the war against the Soviets after defeating Germany.”

By the time of the Yalta summit, Red Army troops had “liberated” or were in place to occupy Poland and much of central Europe, which Roosevelt knew the United States and Great Britain could do little to stop. The alternative to accommodation with Stalin at Yalta, as Chait says, was making war on Stalin’s army. Roosevelt’s true objective at Yalta was to keep Stalin in the fold to ensure Soviet cooperation with the establishment of the United Nations, but the “facts on the ground” in Europe provided a great storyline for generations of conservatives to lament the “sellout” to Uncle Joe.

That conservative narrative served to propel Joe McCarthy’s hunt for Communists in the U.S. State Department and cemented the GOP as the party always skeptical of any effort to negotiate with the Soviet Union (or anyone else). Many conservatives contended that “negotiations” equaled “appeasement” and would inevitably lead American presidents to mimic Neville Chamberlain at Munich in 1938. Illinois Senator Mark Kirk dusted off that old chestnut last week when he said, “Neville Chamberlain got a better deal from Adolf Hitler,” than Obama did from the Iranians. The Iranian deal is certainly not perfect, but worse than a pact with Hitler?

Conservatives became so concerned about “executive action” on Brickerforeign policy in the early 1950’s that Ohio Republican Senator John Bricker proposed a constitutional amendment – the Bricker Amendment – that said in part: “Congress shall have power to regulate all executive and other agreements with any foreign power or international organization.” Dwight Eisenhower opposed Bricker’s effort certain that his control over foreign policy, and that of subsequent presidents, would be fatally compromised. When Bricker, who had been the Republican candidate for vice president in 1948 and was a pillar of Midwestern Republicanism, first proposed his amendment forty-five of forty-eight Senate Republicans supported the idea. Eisenhower had to use every trick in the presidential playbook, including working closely with Senate Majority Leader Lyndon Johnson, to eventually defeat Bricker and other conservatives in his own party.

A logical extension of McCarthy’s position in the early 1950’s was Barry Goldwater’s opposition in the early 1960’s to President John Kennedy’s ultimately successful efforts to put in place a nuclear test ban treaty outlawing atmospheric or underwater nuclear tests.

A test ban treaty was, Goldwater said, “the opening wedge to goldwaterdisastrous negotiations with the enemy, which could result in our losing the war or becoming part of their [the Soviets] system.” In Senate debate Goldwater demanded proof of the Soviet’s “good faith” and argued, directly counter to Kennedy’s assertions, that a treaty would make the world more rather than less dangerous. The treaty was approved overwhelmingly and has remained a cornerstone of the entire idea of arms control.

Later in the 1960’s, and over the profound objections of conservatives, the U.S. approved the Nuclear Nonproliferation Treaty (NPT) designed to prevent the expansion of nuclear weapons. Ironically, as Jonathan Chait notes, the NPT today provides “the legal basis for the international effort to prevent Iran from obtaining nukes.” But the idea was denounced at the time with William Buckley’s National Review saying it was “immoral, foolish…and impractical,” a “nuclear Yalta” that threatened our friends and helped our enemies.

When Richard Nixon negotiated the SALT I agreement, interestingly an “executive agreement” and not a treaty, conservatives worried that the United States was being out foxed by the Kremlin and that Nixon’s focus on “détente” with the Soviet Union was simply playing into naïve Communist propaganda. Congressional neo-cons in both parties, including influential Washington state Democrat Henry Jackson, insisted that any future arms control deal with the Soviets be presented to the Senate for ratification.

Republican opposition to international agreements is deeply embedded in the party’s DNA, going back at least to the successful Republican efforts to derail Senate ratification of the agreement Woodrow Wilson negotiated in Paris in 1919 to involve the United States in the League of Nations, end the Great War and make the world “safe for democracy.”

The GOP’s DNA Dates to Woodrow Wilson…

The most effective and eloquent opponent of that agreement was BorahIdaho Republican Senator William E. Borah who, it was said, brought tears to the eyes of Senator Henry Cabot Lodge when he spoke against Wilson’s ideas on the floor of the United States Senate on November 19, 1919.

Addressing treaty supporters, but really talking to Wilson, Borah said, “Your treaty does not mean peace – far, very far, from it. If we are to judge the future by the past it means war.” About that much the Idahoan was correct.

Without U.S. participation and moral leadership the League of Nations was little more than a toothless tiger in the two decades before the world was again at war, the League unable to prevent the aggression that ultimately lead to World War II. It is one of history’s great “what ifs” to ponder what American leadership in a League of Nations in the 1920’s and 1930’s might have meant to the prevention of the war that William Borah correctly predicted, but arguably for the wrong reason.

Jaw, Jaw Better Than War, War…

Many Congressional Republicans have spent months – or even years – chastising Obama for failing to provide American leadership on the world stage, and for sure the president deserves a good deal of criticism for what at times has been a timid and uncertain foreign policy. But now that Obama has brought the United States, Britain, France, Germany, the European Union and Russia to the brink of a potentially historic deal with Iran, the conservative critique has turned back to a well-worn line: a naïve president is so eager to get a deal he’ll sell out the country’s and the world’s best interests to get it. Ted Cruz and other Republican critics may not know it, but they are dusting off their party’s very old attack lines. Barry Goldwater seems to be more the father of this kind of contemporary GOP thinking than the sainted Ronald Reagan.

No deal is perfect, and doubtless some down through the ages have been less than they might have been, but the history of the last 75 years shows that presidents of both parties have, an overwhelming percentage of the time, made careful, prudent deals with foreign adversaries that have stood the test of time. In that sweep of recent American history it has not been presidents – Republicans or Democrats – who have been wrong to pursue international agreements, but rather it is the political far right that has regularly ignored the wisdom of Winston Churchill’s famous admonition that “To jaw-jaw is always better than to war-war.”


Harry Reid’s Senate Legacy

Having lost the majority after the 2014 election, suffering a gruesome injury that nearly cost him sight in one eye, and facing gty_harry_reid_press_conference_glasses_jc_150224_16x9_992another bruising re-election campaign in Nevada, it’s not a huge surprise that 75-year old Senator Harry Reid, a fixture in Senate leadership for more than a decade, decided that he will hang it up when his term ends next year.

As a young man Reid was a decent boxer and throwing punches with wild abandon is an appropriate metaphor for Reid’s pugnacious tenure as a Senate leader. Reid has been an unapologetic boxerpartisan. He has made it his personal cause to expose the Koch brothers influence on American politics and Reid accused Mitt Romney, with no real evidence, of paying no taxes during the last presidential campaign. That attack line alone messed up a week of Romney’s campaign.

Reid is also something of a political contradiction. A practicing Mormon, Reid has been a huge champion of Nevada’s glittering gaming industry. His LDS faith certainly didn’t keep him from savaging fellow Mormon Romney in a fashion that made Barack Obama’s attack lines seem tame by comparison. Reid has also championed the mining industry inside a political party where digging things up is considered bad form. All politics is local, after all, and gambling and mining make Nevada go and as for Reid’s brand of politics – once a brawler, always a brawler.

Charisma challenged, not an eloquent speaker, never one to frequent the Sunday morning green rooms that are the natural habitat of Washington’s gasbags, Reid is in many ways a throwback, an often parochial senator from Nevada who will also leave a substantial mark on American political history. His fighting instincts, as well as the political times, made Reid one of the most partisan Senate leaders in a long, long time and he certainly deserves a big dose of responsibility for the toxic levels of American political discourse. Reid has both lamented and contributed to the new norm – the politics of obstruction.

Still, love him or hate him – and there are many in both camps – Reid will, I believe, figure prominently in Senate history both for his longevity in leadership and, love it or hate it, for at least five things that might not have happened without him.

The Power of Harry…

First, without Reid’s statewide political organization it is questionable that Obama would have carried Nevada in 2008 and 2012. Look at the Nevada map. It is mostly red, but Reid’s political influence rests heavy in the state’s population200px-Nevada_presidential_election_results_2012.svg centers – Las Vegas and Reno. These cities and their suburbs are where Reid has won his elections in Nevada and where Obama won, as well. In the currency of electoral politics, Harry Reid delivered Nevada for the Democratic presidential candidate – twice.

Without Reid serving as “master of the Senate” in 2009, it’s hard to believe Obama could have rounded up enough votes to pass the controversial $787 billion stimulus legislation – remember it took three Republican votes. Not a single House Republican voted for the stimulus bill, but somehow Reid crafted a degree of bi-partisanship to ensure that the legislation reached Obama’s desk.

Reid’s fingerprints are all over passage of the even more controversial Affordable Care Act (ACA). Without Harry Reid it’s unlikely that the sweeping health insurance reform legislation would have happened, since passage required that he hold every single Democratic vote in the Senate. The legislation may eventually be considered along side Social Security as a great legislative triumph or it may be shot down by the Supreme Court. Either way Harry Reid was a principle architect and that legislation alone likely cost him his job as majority leader.

Reid will also be remembered for finally taking the historic step to end the Senate filibuster, alg-reid-sotomayor-jpginvoking the “nuclear option,” regarding most presidential appointments, particularly including federal judges. As a result, Obama has very quietly reduced the backlog of vacancies on the federal bench, including filling empty seats on the influential federal circuit court for the District of Columbia. That court, considered second only to the Supreme Court in importance, has shifted under Obama from being dominated by the appointees of Republican presidents to one with a majority of judges selected by Democrats. Reid certainly also gets some of the credit for ensuring that two more women were confirmed to the Supreme Court.

Just Say No to Yucca Mountain…

MOUNTAIN YUCCA NUCLEAR WASTE FACILITY NEVADA DESERT WEST DUMP GOVERNMENT FUEL SPENT TUNNELFinally, when tallying Reid’s legacy it’s impossible not to note his singular role in putting sand in the gears of national nuclear waste policy. Reid has fiercely opposed the long-time federal government plan to develop a high-level nuclear waste disposal site at Yucca Mountain north of Las Vegas. His unrelenting opposition helped convince the Obama Administration to quit work on the project, leaving the nation without any plan to dispose of the vast amounts of nuclear waste that remain scattered around the country.

A Limited Number of Great Leaders…

I would argue that since the post was formally established in the 1920’s there have been very few truly great and effective Senate leaders. Any list of “masters of the Senate” must, of course, include Lyndon Johnson whose bigger-than-life style and mastery of the personal politics of the institution in the 1950’s have never been matched.

Montana’s Mike Mansfield, still the longest serving majority leader, would be on any list of greats and for reasons opposite those that put Johnson is on the list. Where Lyndon bullied, blustered and begged senators to his will, Mansfield was the quite behind the scenes conciliator. Johnson would assault his colleagues with the full on “Johnson treatment.” A flurry of words would lbj1accompany Lyndon’s hands tugging on the lapels of a suspect’s suit, while he leaned in and physically overpowered another of his victims. As the photo makes clear he even used “the treatment” on a young John Kennedy and a stunned Scoop Jackson.

Mansfield, in contrast, puffed on his pipe, listened and tried to work things out. More often than not he succeeded, so much so that upon his death one of the Senate’s most erasable partisans, Alaska’s Ted Stevens, told me that Democrat Mansfield was the best leader the Senate had ever seen.

Considering the often ugly and almost completely unproductive Senate we see today we can fondly remember Republican leaders like Bob Dole and Howard Baker, partisans with an ability to make a deal. In the 1930’s Franklin Roosevelt depended on Joe Robinson of Arkansas to get most of his New Deal through the Senate and Robinson, always a loyal Democrat also revered by his Republican colleagues, obliged. Oregon’s Charles McNary, never in the majority, was thoughtful, cool and respected by his Senate colleagues. In many ways McNary was a model senatorial leader, particularly one having to operate in the minority.

1101640710_400The “wizard of ooze,” Republican Everett Dirksen of Illinois, critical to passage of historic civil rights legislation in the 1960’s, and Democrat Robert Byrd, passionate in his love of the Senate as an institution, clearly rank in the top tier of Senate leaders. But beyond that short list the pickings are pretty thin, which is why the frequently controversial Harry Reid – love him or hate him – and his accomplishments – love them or hate them – will likely ensure that he finds a place of permanent importance in the history of successful leaders of the United States Senate.

Harry Reid has been a political fighter with all the charm of an ill-tempered bull dog. His partisanship clearly contributed to the current do-nothing U.S. Senate where he has been the perfect foil to the equally charmless and partisan Mitch McConnell. Reid could put his foot in it Joe Biden-style, once calling New York Senator Kristen Gillibrand “the hottest senator” and candidate Obama “light skinned.” When asked about regrets he might harbor in his fight with the Brothers Koch, Reid simply said: “Romney didn’t win did he?”

In the age of poll tested, bland candidates who measure every word and fret over every action, political junkies are going to miss the old boxer from Searchlight, Nevada. He took a few punches, landed a few himself, and never committed the unpardonable political sin of being dull. Fighters rarely are.

Leader of the Pack

“I want to be able to go out at the top of my game…I don’t want to be a 42-year-old trying to become a designated hitter.” – Baseball fan Harry Reid on his decision to retire from the Senate.

It is often said that being president of the United States is the “toughest job in the world.” If that is true then being the Senate Majority Leader is certainly the second toughest job in Washington, D.C.

Harry ReidHarry Reid did the job longer than most and during a time – he shares the blame, of course – that marked one of the most partisan periods in the history of the Senate. Now in the minority, Reid announced last week that he will hang it up when his term ends next year.

Reid’s expected successor as Democratic leader, hand-picked it seems by the former boxer from Searchlight, Nevada, is New York Senator Charles Schumer who, one could expect, will extend the sharply partisan tone once his desk is directly across the aisle from Republican Majority Leader Mitch McConnell of Kentucky.

A Rare Big State Leader…

Schumer, should he be successful in replacing Reid next year, will be the first Senate leader in either party (majority or minority leader) to hail from New York. In fact, it is a historical Schumer-Reidcuriosity that the leaders of both parties in the Senate most often come from smaller states; states like Harry Reid’s Nevada.

The role of “Senate leader” is relatively new, at least in the long history of the United States Senate. The first formally designated “leader” was elected by the then-minority caucus of Democrats is 1919. The “Majority leader” title at that time was only informally conveyed on Massachusetts Republican Henry Cabot Lodge, who also chaired the powerful Foreign Relations Committee. The GOP majority made “the leader” an official designation in 1923 and since that time politicians from smaller states have for the most part occupied the top jobs in the Senate.

Of the biggest states, only Illinois has had two senators, Republican Everett Dirksen and Democrat Scott Lucas, in leadership. Meanwhile, Maine, Kentucky, Tennessee and Kansas have each had two senators in top jobs, while South Dakota, West Virginia, Montana, Nebraska, New Hampshire, Indiana, Oregon, Arizona and Mississippi each have had senators in leadership.

There are but a handful of exceptions to the small state leadership rule, most notably Texas (Lyndon Johnson), California (William Knowland), Pennsylvania (Hugh Scott) and, very briefly, Ohio (Robert Taft). Schumer will be another exception. Interestingly, with the exception of LBJ (who held a leadership position for eight years) and Scott (minority leader for six year) none of the big state leaders have held the job for long.

The longest serving leader remains Montana’s Mike Mansfield who served for sixteen years, all Mansfield_Dirksenas majority leader. By the time Reid is done, at least in terms of longevity, he’ll be in the company of Arkansas’ Joseph T. Robinson (fourteen years) and West Virginia’s Robert Byrd and Kentucky’s Alben Barkley (twelve years).

It is also interesting that Democratic leaders tend to last longer than Republican leaders. Reid’s tenure in leadership will put him in the top five of longest serving Senate leaders, all Democrats. Republicans Bob Dole of Kansas and Charles McNary of Oregon are the longest serving GOP Senate leaders, each having served eleven years.

So, why do smaller states tend to produce more Senate leaders? Could the Senate as an institution have a bias against senators from larger states? Could it be that serving as a senator from a large population state is more demanding than doing the same job in a smaller state therefore leaving more time for other duties like herding Senate cats as a leader?

My own theory – unburdened by any real evidence – is that small state senators just might be better at the skills of “retail” politics; the meeting and greeting, remembering names and faces, the attention to details that Mansfield, Johnson, Dole and Howard Baker put to such good use. Perhaps small state senators also regularly meet more voters, hold more town hall meetings, deal with more small town mayors and eat more tough chicken at Rotary Club meetings. Senators from larger states tend to operate on a more “wholesale” basis, often communicating with constituents largely through the media. Perhaps they just aren’t as good at the “soft” people skills that make for good leaders.

Mike’s Approach…

The legendary Mansfield’s approach to his job as a U.S. senator might support my thesis. Mansfield, a bit of a loner all his life, would routinely show up in various Montana cities, Mansfieldsmoking his pipe, sitting alone in a coffee shop or hotel lobby just waiting to be engaged by a voter and “accepting conversation from whoever happened by.” Mansfield’s biographer Don Oberdorfer has written that the then-Senate Majority Leader’s “favorite haunt in the university town of Missoula was the Oxford Bar and Grill, where gambling took place in the basement, reachable through a meat locker.”

Mansfield became legendary in the Senate for his ability to listen, understand competing points of view and treat everyone with patience and respect. Did he hone those skills sitting at the bar of the Oxford in Missoula?

In the rarified, clubby environment of the U.S. Senate, people skills – modesty, ability to listen, empathy, and fairness – still matter, even in this age of poisonous partisanship. I suspect it also helps to know how to find the card game going on in the basement.

 Tomorrow: Love him or hate him, Harry Reid leaves a substantial legacy.