U.S. Senate

Baucus, Federal Budget, Immigration, U.S. Senate

What’s Wrong

Posted on by christian

Unless you hail from the great state of Mississippi there is a good chance you’ve never heard of Sen. Byron Patton Harrison. That’s him nearby in a 1940 photo. The current dysfunction in Washington, D.C. is cause enough to remember senators like Harrison. Unfortunately now days, like the dodo bird, senators like Pat Harrison are mostly extinct.

Harrison – everyone called him Pat – wouldn’t recognize the U.S. Senate today and I’m guessing he’d be appalled by the current leaders, Harry Reid and Mitch McConnell.

In the late 1930’s, Pat Harrison, who served in the U.S. House and Senate from 1919 to 1941, was arguably the most influential member of the U.S. Senate. Harrison was both Senate President Pro Tem and Chairman of the powerful tax writing Finance Committee. As Harrison’s biographer Martha H. Swain has written, by 1939 the wily Mississippian was at the height of his powers.

“That year [1939] Washington newspapers voted him the ‘most influential’ senator,” Swain said. “Turner Catledge, the Mississippi-born managing editor of the New York Times, had described the Mississippian as the best ‘horse-trader’ for his way of cajoling colleagues to pass his Finance Committee legislation. His influence, Catledge said, stemmed from the fact that Harrison never ‘welched’ on a promise: ‘If Harrison told you something you could take it to the bank.’”

Harrison was a loyal Democrat and pushed Franklin Roosevelt’s Social Security legislation through his committee and the Senate in 1935, but at the same time  refused to rubber stamp FDR’s “soak-the-rich” tax legislation. Unlike today’s Senators, Harrison believed he could be both a loyal Democrat and his own man. That view got his at cross purposes with Roosevelt who, unwisely it turned out, opposed Harrison’s effort to become Senate majority leader in 1937. Even though Harrison lost that contest by one vote, ironically, and this was a testament to his reputation for candor and independence, he became even more highly regarded in the Senate after his defeat.

Even Roosevelt eventually came to acknowledge that Harrison was the go-to guy in the Senate. Because his word was good, and without regard to their early disagreements, FDR entrusted to Harrison the delicate job of easing controversial Lend Lease legislation through the Senate in 1941.

Not quite 60 years old, Harrison died later in 1941 of colon cancer. His death brought an bipartisan outpouring of sadness and regard. Roosevelt said of the Senate power broker that he was “keen of intellect, sound in principle, shrewd in judgment [with] rare gifts of kindly wit, humor, and irony.”

A newspaper editor back in Mississippi said Harrison was “square, approachable, and intensely human.”

Over the past weekend talks to avoid the so called “fiscal cliff” broke down – again – in the Senate and Vice President Joe Biden stepped in to attempt to salvage some kind of deal with GOP leader McConnell. Biden was needed, in part its reported, because Democratic leader Reid and his Republican opposite number don’t trust each other. Put another way, Reid and McConnell are so busy jockeying to win partisan debating points that they have no time to be national lawmakers.

Lots of things are wrong with the way the D.C dysfunction has brought the country, still reeling from an economic collapse, to the edge of another disaster, but I’ll mention just two: trust and process.

No good deal – and all politics is about making a deal – ever gets done when leaks and dueling soundbites constantly trickle out from both sides. The fact that both sides in this manufactured crisis are “negotiating” on Twitter and cable news is all the evidence we need that they don’t fundamentally possess the basic ingredient needed to do a deal – trust. When is the last time you heard someone say about a current Senate leader, as they did in the 1930’s about the mostly forgotten Pat Harrison, he never “welched” on a deal?

Reid and McConnell are so focused on the tactical daily soundbite and gaining the tiniest sliver of advantage over the other that they can’t be, to borrow a phrase, “square, approachable and intensely human.”

A second issue with this “fiscal cliff” is one of process. The legislative process is supposed to involve committee work, hearings, drafting of proposals, amendments and debate. Pat Harrison did not pass Social Security in 1935 by getting together with a couple of other senators and presenting a bill on the floor as a take it, or leave it proposition. He did what legislators are supposed to do – legislate, work with his committee, try this and try that and produce a bill that is then voted upon.

If a fiscal cliff deal gets done it will end up being a cobbled together mess born in secret and presented as a done deal to the House and Senate. Most of the people in Congress who should be involved – the chairs of the Finance and House Ways and Means Committees, for example – will have been about as close to the action and you and me.

For weekend amusement I didn’t watch the endless talking heads on the fiscal cliff, but rather tuned into the NPR quiz show “Wait, Wait Don’t Tell Me” where a panel of smart and funny people crack wise about news and popular culture. The celebrity guest this past weekend was the current British ambassador to the United States Sir Peter Westmacott, a career foreign service officer with a wicked sense of humor.

At once point Sir Peter was asked a question about the differences in the British and American political “cultures.” It was the kind of question that most political people would have answered with a vague generality. Instead, Her Majesty’s ambassador said it seems to him that the U.S. system was designed [in colonial times] to – his word – avoid “tyranny” that might be imported from across the oceans and, as a result, the the U.S. set up a system “designed not to work.”

The quip from the witty Brit got a big laugh from the audience, a knowing laugh, the kind of laugh that says, “yup, he’s right…”

The Congress that will die along with the old year will go down in history as one of the most unproductive in recent history. First, the members of Congress and the president created the pending crisis of automatic tax increases and spending cuts because months ago they couldn’t agree on a a real legislative fix, the kind of fix that would have required the hard, bipartisan work of legislating. Then, knowing exactly what would happen if they behaved as they have, Congress diddled right up until the absolute last minute – and likely beyond – to come up with what will undoubtedly be a half-baked, non-solution.

Much kicking of cans down the road will follow.

The Senate of Pat Harrison’s day would have been embarrassed by such political amateurism, such willing abandonment of the basic responsibilities of governance. While the country shakes its collective head at its hyper-partisan, broken system and, while even the British ambassador feels compelled to joke about the yokels in the former colonies, the nation’s ruling class fiddles and fusses. They should be embarrassed, but most don’t seem to be. After all, you have to be aware that something is wrong in order to be embarrassed enough to try and fix it.

 

Baucus, Food, Garfield, McGovern, Otter, State Budgets, U.S. Senate, World War II

McGovern

Posted on by christian

I’ve had the fortune – mostly good and a little bad at times – to have lived all my adult life in two states where Democrats have become endangered species – South Dakota and Idaho.

The news this week that former South Dakota U.S. Senator George McGovern is in the last days of his 90 years is a reminder once again that even given our nasty, polarized, hyper-partisan politics one man can have an impact. The fact that McGovern, an unabashed liberal, made his impact for so many years in South Dakota, a state almost as conservative as Idaho, is remarkable. No less remarkable than the long runs of Idaho Democrats Frank Church and Cecil Andrus.

McGovern has known ever since 1972 that the first line of his obituary would reference his historic presidential loss to the future unindicted co-conspirator Richard Nixon. An historian by training and temperament, McGovern could take comfort in the verdict of history that, while describing his national campaign in ’72 as quixotic and chaotic, would also come to judge him more right than wrong on Vietnam, Watergate and a host of other vital issues. And, of course, the contrast with Nixon, given the perfect lens of hindsight, couldn’t be greater.

My memories of McGovern start with the personal. He spoke at my high school graduation in 1971. No one remembers a high school graduation speech, but I certainly remember the speaker. When McGovern ran for re-election in South Dakota in 1974 – ironically against a Vietnam Medal of Honor winner and POW Leo Thorsness – I was a college-kid-aspiring journalist who filed his one and only NPR piece on Thorsness’ announcement of candidacy.

Years later I heard McGovern, a part-time Montana resident, deliver a moving memorial speech for the great Sen. Mike Mansfield. More recently I happened to be in Washington, D.C. at a time when McGovern was back on Capitol Hill to talk about his then-latest book a biography of Abraham Lincoln. McGovern took to the Lincoln project – one of the slim and wonderful volumes in the American President Series – with a level of personal understanding of what it must have taken for Lincoln to strive for the presidency, win it against great odds, withstand immense criticism and then die in the cause of Union and justice. A signed copy of the little book, which I highly recommend, is a treasured part of my collection.

George McGovern is the kind of political figure that truly intrigues me; a man running against the odds, who writes his own books, speak with passion and candor about hard issues and ultimately has always been comfortable in his own skin. He is far and way a different man from the “loser” image that some have used to define him for 40 years.

Three aspects of McGovern’s life where little know beyond the borders of South Dakota. First, as a young college history teacher he decided that no one else would take on the task of building a competitive Democratic Party in South Dakota in the 1950’s – so he did. Traveling the state, meeting one-on-one with thousands of people, McGovern organized, planned and plotted. In the process he developed an encyclopedic knowledge of the state from the timberland of the Black Hills to the dry land farming country east of the Missouri River. As my friend Mark Trahant writes McGovern won his first senate race, by a whooping 597 votes, because he appealed to South Dakota’s Native American population, a segment of the state’s population that most politicians had marginalized and ignored prior to 1962. George McGovern was a builder.

Historian Stephen Ambrose’s book The Wild Blue told the story of McGovern’s 35 combat missions as a B-24 pilot over Europe. The young McGovern, piloting the Dakota Queen, survived tough and extraordinarily dangerous duty and he memories of war dogged him all his days. His service won him the Distinguished Flying Cross. Ironically – or cynically – McGovern, the legit war hero, was branded by Nixon during that 1972 race as soft on national defense and defeatist about Vietnam. To his personal credit and to his political detriment, McGovern never traded on his remarkable military record. Imagine that. Unlike a lot of national security hawks who never experienced war up close, McGovern did and conducted himself accordingly.

The third little know fact about McGovern is his life-long devotion to the cause of world hunger. From his earliest days McGovern never grew tired of talking about, nor grew cynical about, the need for the world’s wealthy countries to put aside differences and provide the most basic need – food – to millions of people around the world. McGovern traced his concerns about hunger back to his military days in war ravaged and hungry Italy. He told moving stories about young kids begging in broken English for a candy bar from the American GI’s. It marked him.

By the way, McGovern teamed with another World War II hero, Republican Sen. Bob Dole, to write most of the nation’s food security legislation – WIC, school lunches and food stamps, included. Talk about an historic bipartisan effort.

George McGovern – historian, politician, failing presidential candidate, hunger advocate – will be treated better by the history books than he has been by his contemporaries. If you believe, as Tom Brokaw has dubbed McGovern’s contemporaries, that the World War II generation was America’s greatest, then the gentleman – the gentle man – from Avon, South Dakota was a genuine example of personal greatness. Dare I say it – the U.S. Senate could use a few like him.

 

 

 

Air Travel, Baucus, Books, U.S. Senate

Once it Worked

Posted on by christian

The Last Great Senate

Given today’s persistent gridlock in Congress, it’s easy to forget that the United States Senate was once a place where bipartisan lawmaking actually occurred on a fairly regular basis and not that long ago.

A fine new book – The Last Great Senate by Ira Shapiro – remembers a Senate full of great and gifted legislators, including Washington State’s Scoop Jackson, pictured nearby. Shapiro, a former trade official in the Clinton Administration and Senate staffer, makes a compelling case that the U.S. Senate in the 1960’s and 1970’s was a great place. A roll call of the great ones of that period, Scoop included, reads like a roster of some of the institutions very best.

Mansfield from Montana, Baker from Tennessee, Church from Idaho and Hatfield from Oregon. And there were more, Javits of New York, Rudman of New Hampshire, Byrd of West Virginia, Cooper of Kentucky and Case of New Jersey. Most are lost to memory now, but the Senate they occupied was a far different place than today’s where party leaders seem only to traffic in partisan sound bites and elbow each other for each day’s tactical political advantage.

Writing last week in the Seattle Times, Shapiro remembered the great Scoop as a fully formed, well informed and well intentioned Senator.

“Jackson was also a master legislator,” Shapiro wrote, “able to reach principled compromises to further the national interest. During the late 1970s, as energy dependence became a central concern for America, Jackson was the chairman of the newly formed Senate Energy Committee. Jackson loathed President Jimmy Carter (the feeling was mutual), who had defeated him for the Democratic nomination in 1976. Jackson doubted Carter’s readiness to be president and also disagreed with the thrust of his energy proposals, believing them to be too generous to the oil and gas industries.

“Yet, despite all these factors, and even while leading the fight against Carter’s effort to negotiate the SALT II arms-control agreement with the Soviet Union, Jackson worked tirelessly for three long years to produce a national energy policy. He respected the presidency, if not the president, and saw the need to forge compromises between consumer and producer interests, and the various regions of our country.”

Talk privately to any thinking member of Congress and they will tell you that the country faces serious challenges that aren’t difficult to identify. We must gain control of fiscal policy and the tax code is a mess and must be reformed for reasons of both fairness and increased revenue. We face serious competitive issues that are only met by world-class trade, education and infrastructure investment. Immigration policy must be re-structured and – brace yourselves – even gun violence in America must be addressed.

The problems are readily apparent, what is failing is our institutions, beginning with the federal legislature and particularly the United States Senate. Gone is the sense that a six-year Senate term gives 100 elite Americans a license to operate just a little above the partisan hustle. For the better part of three decades, as Shapiro’s must read book makes clear, many of the nation’s most pressing problems have gone begging, while the Senate has fallen into a frozen, partisan swamp of inaction.

It would be comforting to think that the institution can reform itself from within and regain some of its historic luster, but in today’s Twitter-infused partisanship that is probably asking too much. The fault, dear friends is not in the Senate, really, but in ourselves. We settle for gridlock rather than demand a Senate of Scoop Jacksons.

 

American Presidents, Andrus, Baucus, Boise, Civility, Egan, Idaho Politics, Justice Department, Obama, U.S. Senate

One of the Good Guys

Posted on by christian

Clancy Standridge, 1927-2012

More than 20 years ago I was on the way home from a trip to Washington, D.C. with Clancy Standridge, who was for many years the legislative liaison and a top political confidante of my old boss Idaho Gov. Cecil D. Andrus. It was late, the flight had been a long one, we were a little grumpy and tired from a series of those non-stop and not very productive meetings you often have in the nation’s capitol. As we stumbled up the long concourse in the Salt Lake City airport headed for the connecting flight to Idaho, handsome, debonair Clancy offered up an observation I have found myself repeating ever since. “This time of day,” he said, “your shoes feel like they are on the wrong feet.” Everyone laughed and the ordeal of getting home suddenly didn’t seem so onerous. That was Clancy Standridge.

Anyone who was around the Idaho Statehouse during the late 1980’s and early 1990’s will remember white haired, well-tailored Clancy Standridge who died recently in Portland, Oregon at age 84. It is a testament to Standridge’s skill with people and Andrus’s sense about what a Democratic governor had to do to interact successfully with an overwhelmingly Republican legislature that the state’s political watchers still say that Clancy was as good a gubernatorial emissary as has ever prowled the third and fourth floors of the Idaho Statehouse.

Clancy did his job the old fashioned way with unfailing courtesy, easy charm, a warm smile, a great sense of humor and by treating the most junior page with the same respect as the Speaker of the House. He also never forgot a commitment or failed to keep his word. Legislative attaches, the hardworking women who make the legislative machinery run, loved him. He handed out candy and compliments and people trusted him. It was remarkable the kind of gossip the old boy would pick up just by listening and being interested. When a junior backbencher just had to see the governor, Clancy made it happen. When a legislator who had consistently voted against everything the governor proposed, but still wanted a picture taken when his pet bill was finally signed into law, Clancy saw to it.

Born in Oklahoma on the cusp of the depression decade, Standridge was raised by grandparents, made his way west, served during the Korean War and hooked on with GTE, the old telephone company. He started out climbing poles and eventually worked up (or down) to serve as a senior government relations executive. Andrus plucked him from retirement to serve as his eyes and ears with the legislature. It’s hard to think he could have made a better pick. Clancy was smart, well read, schooled in politics, but more than anything he was a practitioner of the kind of personal style attributed to another Okie, Will Rogers, of whom it was said he never met a man he didn’t like. In politics, of course, you do meet people you don’t like, Clancy just never let on. I never heard him use the word, but Clancy Standridge practiced the art of civility, in fact he wrote the book on how to deal with people in the world of politics.

At a time when Barack Obama is criticized, even by those in his own party, for being distant and a loner, when it takes a Camp David-like effort to get two golf loving politicians, the president and House Speaker John Boehner, together to play a round, and when bipartisanship can’t even extend to the dinner table, it’s worth remembering what a little civility can accomplish. Despite the toxic nature of our politics and even in the face of poll tested attack lines the world – including the political world – still works on the basis of personal relationships.

Washington waxes nostalgic for the time when Ronald Reagan and Tip O’Neill could make a deal on taxes or when Lyndon Johnson and Everett Dirksen could have a couple of belts followed by a handshake and move the country forward on civil rights. A few more D.C. golf games, a few more cocktails on the Truman balconey and a little more common decency in Washington and in every state capitol wouldn’t hurt any politician and it would be good for the country.

The little courtesies, the random acts of kindness work to build trust and respect and even powerful people can be moved. It becomes a little more difficult to call the political opponent an SOB when you’ve had dinner with the SOB and his wife and found out about his kids, his motivations and his needs. Personal relationships grease the wheels of politics or, if common decency and respect don’t exist, the gears seize up more frequently. Does anyone think the country would be worse off if Harry Reid and Mitch McConnell shared a laugh together once in a while? Harry ought to send Mitch’s wife flowers on her birthday. Clancy Standridge would have tried something that simple and that effective.

Clancy Standridge knew all about personal relationships. He was one of a kind, but I hope not the last of his kind.

 

2012 Election, Baseball, Baucus, Minnick, Politics, Prostate Cancer, U.S. Senate, Wheeler

Primary Colors

Posted on by christian

Defeating the Incumbent…in Your Own Party

Sen. J. William Fulbright of Arkansas– that’s him in the photo when he was at the height of his influence – still holds the record as the longest serving Chairman of the Senate Foreign Relations Committee. He created the Fulbright Scholars program, was himself a Rhodes Scholar, at a young age the president of the University of Arkansas and in the 1960’s an early opponent of the Vietnam War. None of that seemed to matter much when he lost re-election in his own party’s primary in 1974. When Bill Fulbright died in 1995, The New York Times called him a “giant” of the Senate, but he’d once been rejected by his own kind.

Burton K. Wheeler of Montana was arguably the most powerful politician that state has ever produced. Elected four times from 1922 until 1946, he was one of the Senate’s great mavericks, battling presidents of both parties and forging a bi-partisan political movement in Montana. He lost re-election in 1946 in his own party’s primary.

In 1946, Sen. Robert M. La Follette, Jr. of Wisconsin seemed like a sure thing for re-election. He’d been in the Senate since 1925 having replaced his famous father who was regarded by many as one of the Senate’s greats and hated by some for being a dangerous radical. Young Bob lost his re-election by just a shade over 5,000 votes to a young, mostly unknown Republican by the name of Joe McCarthy.

An incumbent United States Senator losing in his own party primary is rare in our history – very rare – but that may be about to change as more and more Republicans face challenges from the far right of the GOP.

I wrote yesterday of the struggle Sen. Richard Lugar is facing in Indiana. Sen. Orrin Hatch is in trouble in Utah where his former colleague Bob Bennett was taken out two years ago. For a while it appeared Maine Republican Sen. Olympia Snowe, one of the least conservative GOP Senators, would also have a tussle with a Tea Party-inspired opponent this year, but that challenge seems to have faded. Still, Maine may be the exception that proves the rule.

[BREAKING NEWS: Late today, Sen. Snowe announced she will not run for re-election in Maine.]

Of the historic and contemporary examples I’ve cited, only Wheeler’s post-war experience in Montana, is an outlier. In every other case, the incumbent senator faced a challenge from the right. Wheeler’s demise was orchestrated from the left, primarily because he fell out of favor with some elements of organized labor in Montana. Generally speaking – and of course there are exceptions like Sen. Joe Lieberman in Connecticut – imposing party discipline in the form of a primary challenge is a tactic employed by conservatives against someone who isn’t perceived as being conservative enough.

With the GOP more and more a branch of the Tea Party, look for more primary challenges to Republican incumbents and color the vast majority of them bright red.

 

Air Travel, Baucus, Books, Bush, Church, CIA, Civil Rights, Film, Poverty, U.S. Senate

The Spy from Boise

Posted on by christian

A Real Tinker, Tailor, Soldier, Spy

Years ago as a very young, very naive reporter, the boss handed me a piece of wire copy ripped straight off the teletype machine and told me to find a photographer and get an interview with James Jesus Angleton.

I should have said – who? But, of course, I was too inexperienced (too stupid) to ask that question and to pause for a moment to think what I might ask the man who had recently been forced out as the long-time chief of counterintelligence at the CIA. I headed for a local hotel to try and stick a microphone in the face of man who, since World War II, had been the intelligence service’s top expert on the Soviet intelligence service, the KGB.

I found Angleton, as I recall, in a hotel ballroom – I don’t remember what he was doing in Boise – and after my innocent, stumbling approach he conceded to answer a couple of questions, the substance of which is now lost of history or, in the days of 16mm film, the cutting room floor. I think I asked his reaction to the on-going Church Committee investigation of CIA abuses. Again, as I recall, not surprisingly the old CIA hand was dismissive of the efforts of Idaho Democratic Sen. Frank Church to expose assassination plots, domestic spying and such on the part of the Agency.

I’ve long been struck by the irony of an Idaho United States Senator leading the investigation of a CIA that had come to be so influenced by an Idaho-born spy. Would you call that a small world?

My long ago and very brief encounter with James Angleton, I believe it was in 1976, came back to me recently after watching the thoroughly enjoyable new film Tinker, Tailor, Soldier, Spy and the inspired performance of Gary Oldman in the lead role of spy catcher George Smiley.

The movie, based on the great espionage thriller by John la Carre, is, in many ways, a British version of the story James Angleton lived at the CIA; the story of an alleged “mole” at the very top of the nation’s intelligence service; a counter spy Angleton was determined to find and eliminate. The quest eventually took Angleton down instead.

The Republican politician and one-time ambassador to Italy, Clare Booth Luce, once told Angleton, who began his spy career organizing operations against Italian fascists, “There’s no doubt you are easily the most interesting and fascinating figure the intelligence world has produced, and a living legend.” Others were not so charitable.

Angleton was born in Boise, Idaho in 1917, as his New York Times obit noted the year of the Russian Revolution, the son of an employee of the National Cash Register Company. After spending summers in Italy, Angleton went to Yale where he developed his life-long love of literature and poetry and was recruited into the OSS, the agency that eventually became the CIA.

Angleton, in later years his posture stooped and his thick mane of hair streaked with gray, was, by all accounts, a Renaissance Man. He grew orchids and attended lectures on Joyce. One colleague said, ”He had a remarkable amount of knowledge about world events, art, literature.”

Former CIA officer David Atlee Phillips, who like Angleton was caught up in the whirlwind that surrounded the Agency in the 1970, wrote in his memoir, that “Angleton was CIA’s answer to the Delphic Oracle: seldom seen but with an awesome reputation nurtured over the years by word of mouth and intermediaries padding out of his office with pronouncements which we seldom professed to understand fully but accepted on faith anyway.”

It was Angleton’s zealous search for the CIA mole – the counter conspiracy theorists speculated that Angleton himself might have been the mole – that eventually lead then-director William Colby to show the counterintelligence chief the door. Angleton’s forced retirement from the CIA came in 1974. Unlike George Smiley, the fictional character in Tinker, Tailor, who was brought out of retirement to search out the mole in Britain’s MI6, Angleton was fired, in part, for too aggressively pursuing the CIA’s mole. In the process, some argue, he not only damaged the individual careers of many intelligence agents, but undermined the Agency’s efforts to run an effective intelligence program against the Soviets.

To detractors Angleton became the worst kind of paranoid operative, secretive and suspicious of everything all the time. To others he was the very personification of the dedicated intelligence agent. One magazine profile suggested that “If John le Carré and Graham Greene had collaborated on a superspy, the result might have been James Jesus Angleton.”

Angleton died of cancer in 1987 at age 69, as much a mystery in death as in life. What secrets he must have taken with him.

Old-time Boiseans will remember Angleton’s brother, Hugh, a diminutive, elegant man who owned a rather spectacular downtown gift store. Hugh Angleton, always impeccably dressed in suit and tie, served as a kind of showroom director at his store – Angleton’s. The store was filled to overflowing with rare and elegant china, jewelry and art objects. I often wondered if his more famous brother helped locate some of the exotic and expensive items that filled the display cases in Hugh’s store, which, sadly, passed out of existence years ago.

Years ago, it’s said, then-CIA Director James Schlesinger went to Capitol Hill to brief Senate Armed Services Chairman John Stennis on a major Agency operation.  “No, no my boy,” responded Senator Stennis.  “Don’t tell me.  Just go ahead and do it, but I don’t want to know.”

So it is with the intelligence agencies. So secret is what they do, as the joke goes, they could tell us, but then would have to kill us. In trying to explain this shadowy world, novels and motion pictures are more satisfying than reality. In Tinker, Tailor, Soldier, Spy, George Smiley – sort of – got the mole. The spy from Boise never did.

 

2012 Election, American Presidents, Baseball, Baucus, Minnick, Obama, Politics, U.S. Senate

Assessing the Recess

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Constitutional Crisis or Political Gamesmanship?

Republicans and many conservative legal authorities are outraged by President Obama’s recent recess appointments to install Richard Cordray at the new Consumer Financial Protection Bureau and fill three vacancies on the National Labor Relations Board. Congressional Republicans and their allies say Obama has acted unconstitutionally with the appointments since the Senate, which constitutionally has the power to advise and consent on presidential appoinments, has now suffered an Obama end run.

Conservative legal expert John Yoo, author of the legal analysis allowing President George W. Bush to employ “advanced interrogation methods,” and now a University of California law professor, speaks for most Republicans when he says, “Some think me a zealous advocate of executive power, and often I am when it comes to national security issues. But I think President Obama has exceeded his powers” by making the Cordray appointment. 

Congressional Democrats and the White House contend the president acted within his Constitutional powers since the Senate was “functionally” in recess and only meeting on the most perfunctory basis – sessions every three days that often last for less than a minute – and therefore unable to consider and pass judgment on his nominees. The issue seems certain to end up being decided by the third branch, the judiciary, in a legal battle that could take years.

Around such obscure details constitutional governments determine how the often sticky gears of governance turn. Both sides in this dispute have good talking points. The administration argues, in essence, that Congress is using a legal gimmick to limit the president’s power to fill vacancies or, put another way, impeding his ability to carry out his sworn duties to execute the laws passed by Congress. Congressional Republicans counter that it is a fundamental power of the Congress to determine when it is in session and when it is not in session. It’s a good constitutional law seminar subject, but the back story is also important.

The recess appointment process was analyzed in the Federalist Papers and is included in the Constitution in the section dealing with presidential power. Here is the language: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

Presidents since George Washington have used the recess appointment power, sometimes controversially, such as when Bush 43 appointed the conservative firebrand and United Nation’s critic John Bolton to be the U.N Ambassador. Bush made 171 recess appointment and Ronald Reagan more than 240. Bill Clinton was no slouch during recess. He made 140 such appointments during his eight years in the White House.

So while Republican National Committee Chairman Rance Preibus can bluster that Obama’s recess appointments are proof of the president’s wanton disregard of the Constitution – “one more chapter in Barack Obama’s trampling of the Constitution” – the real issue a court will likely decide is whether the president has been hampered by Congress from carrying out his duties. Can Congress, in effect, prevent the executive branch from functioning by refusing to act on the appointment of key individuals?

No serious person, including a dyed-in-the-wool Constitutional originalist, would argue that the Founders – Alexander Hamiliton wrote the relevant Federalist Paper – envisioned a Senate that would perpetually stay in session by having one member show up ever three days, gavel the session to order, announce that there was no business and be off to lunch in under 60 seconds.

The Founders clearly established a process that contemplated that any president would have the right – indeed the responsibility – to appoint officers to carry out the work of the government. The balance of power would be ensured by giving the Senate the right – indeed the responsibility – to advise and consent to those appointments.

A key part of the breakdown of the basic workings of our government – proven in many ways, including the abysmal Congressional approval ratings – has been the exercise of raw partisan power in the Senate, and both parties are guilty of this, that prevents even consideration of an appointment when a minority object to the appointee, or in the case of Cordray, objects to the very existence of the agency that he has now been appointed to lead.

It is well documented that Richard Cordray, the former Attorney General of Ohio, is not the real issue with Senate Republicans. They oppose the very idea of a Consumer Financial Protection Bureau or at least many of the details about how the bureau will operate. Still, the agency was created by the passage of legislation that was legally signed into law by the president. The real issue then is the operation of a duly constituted agency of the federal government, not a recess appointment. Smell a whiff of politics in the air?

As Richard H. Thaler, a professor of economics and behavioral science at the University of Chicago, notes in a New York Times essay, the real problem here, and it does threaten if not immediately then eventually a genuine Constitutional crisis, is the inability of our political institutions to make a responsible bargain.

Professor Thaler reminds us that Senate Minority Leader Mitch McConnell said a few months back that his overriding objective running up to the 2012 election was to make Barack Obama a one-term president. A part of that strategy, it seems pretty clear, is to deny the president some of the key personnel he needs to run the government.

Senate Republicans have refused to consider confirmation, for example, of a Nobel Prize winning economist to serve on the Council of Economic Advisers. Donald Berwick, a nationally recognized expert on health care, particularly Medicare and Medicaid, did get a recess appointment from Obama to run the Center for Medicare and Medicaid Services, but recently left when it was clear that he would never get confirmed by the Senate.

Thaler says refusing to make use of such expertise is like saying “no” when Phil Jackson wants to coach your kid’s grade school basketball team.

And the professor has a question for McConnell and, for that matter, Sen. Harry Reid of Nevada who first hatched the “gimmick” of keeping the Senate perpetually in session. Reid’s motive was partisan, too. He intended to thwart George W. Bush’s recess appointments.

“I have a question for Senator McConnell,” Thaler wrote. “If you achieve your goal and a Republican is elected president. what will happen then? Won’t Senate Democrats take it up a notch? If they don’t like the new president’s foreign policy, for example, they could refuse to confirm a secretary of defense, citing the Cordray case as a precedent, and leading to either more recess appointments or 24/7 sessions for the Senate.”

This is no way to run a government. Senate Democrats and Republicans are set on a path of what can only be called a political form of MAD – mutually assured destruction – the nuclear war fighting strategy that assumes no sane person will use the ultimate weapons because they face certain destruction from the other side.

But MADness is precisely what is going on here. Neither side trusts the other, both are willing to stretch and abuse the rules of the Senate (including the filibuster) in order to thwart the other side and, of course, practical government based upon trust and mutual respect breaks down and is replaced by overheated political rhetoric, more dysfunction and gridlock. Little wonder Congressional approval ratings are in the ditch.

Here is a strict reading of the U.S. Constitution: any president is entitled to select his nominees for important governmental posts and the Senate is entitled to “advise and consent” to those nominees. The Constitution is, in essence, the rulebook for running the government and the rulebook does not contemplate that either side will game the system. The Constitution must be implemented in an environment of trust and mutual respect and, if things are to work, one side is not entitled to use gimmicks to thwart the other.

When it comes to recess appointments, both sides are wrong. The responsible path is to give the president – any president – an up or down vote on his nominees unless, in those extremely rare cases, a president appoints a total loser to a government job. Only then will presidents do what they should do, which is to consult widely on important appointments before they are made. The point ought to be bipartisan support for an important nominee.

At the same time, the Senate should seriously re-examine its “advise and consent” role, which requires that individual senators – acting in the broad public interest, not merely partisan political interest – look deeply into the qualifications of nominees and give these folks who put themselves through a public and political ringer in order to serve their country a fair and honest hearing.

 

Baseball, Baucus, Politics, U.S. Senate

It Gets Worse

Posted on by christian

Congress – Not the People’s Choice

Has there even been a time when the United States Congress ranked lower with the American public or when dysfunction more profoundly gripped the institution? Hardly.

University of Tennessee historian Daniel Feller says we need to go all the way back to before the Civil War to find a Congress quite so much at war with itself as today’s bunch. Feller is among a group of historians that NPR surveyed to determine if the current Congress is just bad or among the worst in the nation’s history. Historically bad is, according to the historian, the correct answer.

Professor Feller cites the Reconstruction period immediately after the Civil War when Andrew Johnson struggled, with little success, to replace Abraham Lincoln, Woodrow Wilson’s fight with Congress over the League of Nations and Harry Truman’s battles with the “do nothing 80th Congress” as historic examples of when a president and a Congress were deeply divided. Still, Feller told NPR, “None of those involved the level of conflict within Congress itself that we see today.”

Just this week came further evidence that Congressional dysfunction and serial partisanship has claimed another victim. Nebraska’s conservative Democratic Sen. Ben Nelson, already the subject of intense negative attacks in his state, opted to quit rather than fight for another term. While coverage of Nelson’s decision has focused on the undeniable fact that Senate D’s will now be even harder pressed to hold the Senate next year, the real story here is the crumbling of the institution.

As Politicos Mike Allen reported in his newsletter, quoting an email from a Senate insider, “The retirement is a reflection of the growing polarization of the body. Nelson could work with anybody in the senate. Either side. His growing frustration with the domination of partisanship within the body lead to this decision. He blames both sides for letting things get out of hand and he often laments the willingness of anyone to really focus on the issues and develop a bipartisan solution anymore. Not since he put together the judicial nominations agreement in 2005 has there been any bipartisan accomplishments in the Senate. Since then a Fat Tuesday parade of exits have left moderate dealmakers like Nelson on the sidelines. Lott, Chafee, Breaux, etc. all left for the same reason. There is no comity to be found in the upper chamber anymore. … [T]he tea saucer is losing more of its cooling element and is becoming indistinguishable from the tea pot.”

Ben Nelson wasn’t a great senator, but then few in the Senate today would qualify to carry Robert Taft’s or Mike Mansfield’s briefcase. Nelson was a person, by political necessity and personal inclination, able to work across the partisan divide. But, there is no place for such people in today’s Senate.

It make me, an amateur historian of the Senate and its quirky ways, wonder what motivates people to reach the near absolute top of the American political system – the Senate – and then spend most of their time there trying to make certain the institution cannot function?

The late Sen. Robert Byrd revered the Senate as an institution. Byrd studied the history, knew the rules, understood what the Senate was designed to be and had to struggle to be. He even wrote a massive history of the institution that is remarkable for its lack of partisanship and its appreciation of compromise.

The retirement of Ben Nelson, whether or not his brand of conservative, Midwestern politics was your cup of tea, does mark yet another rubbing out of a “moderate.” As Jon Avlon notes in a piece at The Daily Beast, “at a time when our politics is looking like a cult, there is no tolerance for principled dissent. Dissent is disloyalty and punishable by either the threat of excommunication or electoral execution.”

Two things need to change. Those in the Senate – there must be a few – with some respect and understanding for the institution’s role in our democracy need to begin, through action and word, to restore a sense of civility and common purpose and voters need to quit rewarding people with high public office who seem to merely want to destroy the other side rather than work on the real problems of the nation.

 

Andrus Center, Baseball, Baucus, Egan, Idaho Politics, U.S. Senate

Welker & Killebrew

Posted on by christian

Commie Bashing Baseball Talent Scout

The passing of the great Harmon Killebrew recently caused a few Idaho political, history and baseball junkies to reflect on another guy from Payette, Idaho – one-term wonder Sen. Herman Welker.

Welker is mostly forgotten to history these days, and probably deserves to be, except for two or maybe three footnotes in history. The Welker footnotes:

1) Welker’s nickname, Little Joe from Idaho, references his bosom buddy status with Sen. Joseph McCarthy, the Commie hunting, red-baiting politician from Wisconsin who had an entire era of politics – McCarthyism – named after him. Welker was just about McCarthy’s biggest defender, even as Joe was censured by the United States Senate.

2) Welker’s re-election was derailed in 1956 by a fresh faced young Idaho Democrat by the name of Frank Church, proving my old theory that Democrats only win statewide in Idaho when Republicans screw up. One campaign sign suggested Idaho need a “sane and sober” Senator. Welker didn’t fit the bill and Church beat “Little Joe” and launched a distinguished 24 year career. (The charge against Welker was both true and unfair. He died a short time later from a brain tumor.)

3) Welker “discovered” Killebrew, then a fresh-faced teenager in Payette. Al Eisele, an editor-at-large of the D.C. paper The Hill had a nice piece recently on the Welker-Killebrew connection. As was widely reported, along with the news of Killebrew’s death from cancer, was the detail that he was scouted by Welker. The lawmaker told Washington Senators owner Clark Griffith in 1954 that he should sign the big kid from Idaho who “was the greatest slugger since Mickey Mantle.” Griffith acted on the tip, sent a scout to Idaho and rest, as they say, is Hall of Fame history.

Eisele wrote: “Welker, who often attended Senators home games, once almost came to blows with Senators manager Charlie Dressen when he shouted during a game at Griffith Stadium, ‘You, Dressen, why aren’t you playing my boy?’ Dressen responded, “Why don’t you run your U.S. Senate and let me run the Washington ball club?'”

Here is another tidbit, not so benign, from Eisele’s piece on the obscure Idaho Senator.

“There is a bizarre footnote to Welker’s Senate career. In 1954, Democratic Sen. Lester Hunt of Wyoming, a bitter enemy of McCarthy, fatally shot himself in his Senate office, ostensibly because of despondency over poor health.

“But muckraking columnist Drew Pearson later reported that shortly before Hunt killed himself, Welker and Republican Sen. Styles Bridges of New Hampshire met with Hunt and warned him that if he ran for reelection that fall, Republicans would disclose that his 20-year-old son had been arrested for soliciting prostitution from a male undercover police officer in Lafayette Square.

“Pearson’s allegation was never proven, but the incident was believed to have been the inspiration for Allen Drury’s 1959 best-selling novel, Advise and Consent, in which a senator who opposes a nominee for Secretary of State who has lied to conceal his past Communist association, commits suicide after receiving anonymous threats that his past homosexual affair will be exposed unless he stops blocking the nomination.”

If the Pearson story is true, and we’ll probably never know for sure, then the contrast between the two men from Payette, Idaho, whose names were recently linked again, could not have been more different.

Harmon Killebrew celebrated in death as a greater human being than baseball player, and he was some kind of baseball player, and Herman Welker, the man who discovered the great Killebrew, not much of Senator or judge of character, but thankfully a fine judge of baseball talent.

 

Baucus, Egan, Idaho Politics, Labor Day, McClure, U.S. Senate

One of the Greats

Posted on by christian

mcclureJames Albertus McClure, 1924-2011

History will record that Sen. Jim McClure, who died Saturday at the age of 86, was one of the most significant politicians in Idaho’s history. A staunch Republican conservative, McClure nonetheless was liked and respected by those across the political spectrum, but beyond that he accumulated a record of accomplishment that has lasting impact.

A strong advocate for the natural resources industries so important to Idaho, McClure also saw the need to resolve long-standing debates over wilderness designation in his native state.

He worked out the boundary lines of the Hells Canyon National Recreation Area by spreading maps on the floor of the governor’s office and getting on his hands and knees with Democrat Cecil D. Andrus.

He helped champion creation of the Sawtooth NRA and in the last days of Frank Church’s life he got the iconic River of No Return Wilderness renamed for the Democrat.

He fought tooth and nail to grow the Idaho National Laboratory and distinguished himself as a member of the Iran-Contra Committee investigating that scandal.

As a reporter and in other capacities, I have had the chance to interview Jim McClure probably more than 20 times over the years. I never sat down with any person who was better prepared or who provided a better interview. He was candid, opinionated and always impeccable well informed. I also never saw the guy use a note card or a script. He was a marvelous extemporaneous speaker. He was also a complete gentleman.

Once in Sun Valley years ago, while McClure was chairing the Senate Energy Committee, he sat for a taped interview for well more than half an hour. At the end of the session, while we were making small talk, the technical crew whispered in my ear that none of the half hour of Q and A had been recorded on tape. Gulp.

I’d just wasted the time of a busy, important U.S. Senator and had absolutely nothing to show for it. Not missing a beat, McClure smiled and said, “Let’s do it again.” And we did. He didn’t have to do that. Most would have said, sorry, but I’ve got to run. Obviously, I have never forgotten the kindness.

One thing I’ll never forget about McClure was his principled pragmatism. Never anything less than a loyal and conservative Republican, he also knew that progress often requires compromise and finding a middle ground. Such was the case when McClure again hooked up with Andrus in 1987 and spent weeks working out a comprehensive approach to the decades-long battles over Idaho wilderness. They flew around the state, spread out the maps and offended everyone – particularly their respective “base” voters. There was something in the grand compromise that everyone could hate and the McClure-Andrus approach ultimately failed.

I’ve thought many times since that the two old pols knew they were far out in front of their constituents, but were nevertheless willing to risk political capital to try to resolve a controversy. It’s easy in politics to say “no.” It is much more difficult – and risky – to try to lead. McClure was a leader.

I was pleased to have a hand in creating a University of Idaho video tribute to Jim McClure in 2007. You can check it out at the University’s McClure Center website.

In the Idaho political pantheon, McClure stands with Borah and Church as a among the greatest and most important federal officials Idaho has ever produced. He was a genuinely nice guy, too.