Scandal and Its Limits


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My new Bloomberg View column covers the controversies suddenly damaging the administration — and how Republicans could still manage to help it out.

You would expect that Senator Lindsey Graham, who helped to lead the impeachment proceedings against Clinton, had learned to be cautious in pursuing a scandal. Yet he decided to tie the Benghazi investigation explicitly to the 2016 presidential race, saying that the controversy would doom Hillary Clinton. If Graham were a Democratic plant trying to make the investigation look like a merely partisan exercise, he couldn’t have done better.

 

Governor Fallin on the Latest in Tornado Aftermath: ‘It’s a Very Sad Day in Oklahoma’


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Ring Cycle


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Today’s Between the Covers podcast is with Naomi Schaefer Riley, author of ’Til Faith Do Us Part: How Interfaith Marriage Is Transforming America. We discuss what makes interfaith marriages succeed or fail, why they’re on the rise in the United States, and how religious leaders should advise their flocks on marrying people of different faiths.

For Farage Fans


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The UKIP leader took to the floor of the European Parliament yesterday to expose sanctimony and fraud. Just your typical Nigel Farage speech.

‘When Fascism Comes to America . . .’


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Liberals used to love to quote the (apparently apocryphal) line from a Sinclair Lewis character “When fascism comes to America it will be wrapped in the flag and waving a cross.”

Wonder if they’re reflecting on that this week?

We knew that early in the first term, the White House attempted to exclude a news agency from pool reports. Now come revelations that the Justice Department engaged in sweeping eavesdropping on AP journalists; that the IRS targeted conservative private citizens while favoring liberal ones; that the EPA charged fees to conservatives groups while waiving them for “green” activists; that the Justice Department retaliated against a whistleblower in the Fast and Furious investigation; that the Department of State demoted and attempted to silence a senior diplomat who told the truth about Benghazi, and today, that the Department of Justice went to an administrative judge to label Fox News reporter James Rosen a “co-conspirator” for attempting to report on what was happening in North Korea. They tracked his movements and read his private emails.

It’s time, ladies and gentlemen of the press, for a rethink.

The affidavit the FBI prepared said that Rosen “asked, solicited and encouraged Mr. Kim (the State Department employee) to disclose sensitive internal United States documents and intelligence information. The reporter did so by employing flattery and playing to Mr. Kim’s vanity and ego.” Imagine. That is a flagrant assault on the First Amendment.

If this is not sufficient to give liberal members of the press second thoughts about their pin-up in the White House, there is truly no hope at all for them. They will have proved themselves utterly corrupt. And we will have learned that when fascism comes to America, it will wear a broad smile and call itself “progressive.”

Coburn: Funds for Oklahoma Relief Must Be Offset


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Republican senator Tom Coburn of Oklahoma is known for his fiscal conservatism. Now, even though his home state has been devastated by a tornado, Coburn remains firm: CQ/Roll Call is reporting that Coburn wants any relief funds given to Oklahoma offset by spending cuts elswewhere in the federal budget. 

Comment Dit-On ‘Confiscatory’?


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Although François Hollande was forced to back off his campaign promise of a 75 percent tax rate on the wealthiest French earners, a one-time levy passed by the French Socialist president’s government resulted in more than 8,000 French households owing more than 100 percent of their yearly income in taxes last year. The tax surcharge, intended to offset tax-capping measures instituted by Hollande’s predecessor, applied to households with assets of more than 1.3 million euros ($1.67 million).

Because of the levy, some 12,000 households paid taxes worth more than 75 percent of their 2011 incomes — a tax rate recently ruled unfair and confiscatory by France’s Constitutional Council.

If that sounds like just another broke-European-nation scheme, it’s worth recalling: The highest marginal tax rate in American history was 94 percent on top earners in 1944 — and FDR had initially instituted a 100 percent tax rate on top incomes via executive order.

Plus ça change . . .

Obama Administration Approves New Natural-Gas Exports, Another Incremental Free-Trade Victory


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The Washington Post reports:

The Energy Department gave a terminal near Freeport, Tex., permission Friday to ship liquefied natural gas to Japan, providing a new outlet for rising U.S. production of shale gas despite qualms of environmentalists and many domestic manufacturers.

The permit marks another step in the sudden reversal of fortune in the natural gas business. Less than five years ago, anticipating a worsening shortfall in domestic supplies of natural gas, the Freeport terminal on Quintana Island began operations as an import facility.

But advances in hydraulic fracturing techniques have unlocked new supplies of natural gas from shale rock. Freeport, like other import terminals, now wants to spend $10 billion to retool the terminal so it can send gas abroad in liquefied form.

Japan, with virtually all of its nuclear power plants shut down, is paying extremely high ­prices for energy imports and is looking for new supplies. Osaka Gas and Chubu Electric agreed to buy all of the liquefied natural gas, or LNG, from the first of three ­phases of the Freeport export project for 20 years. The facility was conditionally authorized to export at a rate of up to 1.4 billion cubic feet of natural gas a day.

It was the second permit given by the Energy Department for LNG exports to a country that does not have a free trade agreement with the United States. The department said it weighed economic, energy security and environmental considerations as well as nearly 200,000 public comments.

This wasn’t a surprise — the Financial Times reported earlier this month that the Obama administration was leaning toward loosening the rules for natural-gas exports, specifically mentioning this Texas depot, but it’s nonetheless a heartening victory for free trade.

Because nautral gas is an exhaustible natural resource, WTO’s general trade rules allow the U.S. to restrict its export without causing any particular problems, and that’s in effect what we’ve been doing the shale/fracking boom began booming several years ago. In part this is because natural gas is pretty complicated to export — it can be transported via pipelines, but for countries that are more efficiently reached by ship, the gas has to be liquefied, a relatively expensive and complicated process that produces a highly volatile product (in fact, LNG terminals and ships are considered a serious security risk in U.S. ports). The federal government has to approve the construction and operation of those ports, and as WaPo explains, this is just the second time it’s done so for an operation that will ship LNG to a country with which we don’t have a free-trade agreement.

Since the beginning of the U.S.’s natural-gas boom, the Obama administration probably could have done more to allow and encourage the free export of natural gas, but their sins against the gospel of free trade have been more of omission than commission. But the de facto restrictions have mattered a lot nonetheless: High levels of natural-gas production and constrined exports have pushed U.S. prices lower and raised prices in Europe and Asia higher than they would be otherwise. In fact, while commodities prices tend to vary somewhat across the world, the differences are really stark in natural gas. Asia pays dramatically more for it than the U.S. does, and Europe pays somewhat more: 

That’s had a few interesting effects: While some U.S. electricity production is rapidly shifting from coal to natural gas, Europe has been slower to do so, keeping their electricity production dirtier than it might be (although the process needed to liquefy natural gas for export is carbon-intensive, so some environmental groups see little to gain here — in terms of actual air pollution, though, coal is clearly much worse). Further, it’s been a subsidy to natural-gas consumers in the U.S. – mostly people who heat their homes with it and industrial firms that use it for manufacturing. With substantially higher levels of exports, these people will definitely see their prices go up, but only from an artificially realistic low. There’s been a lot of hope that the shale boom’s lower U.S. energy prices could fuel a recovery in U.S. manufacturing, and higher LNG exports will blunt that advantage somewhat, but not entirely, because transporting gas to Europe is still expensive and the two continents’ prices aren’t going to converge completely.

But while such restrictions have obvious benefits for the U.S., a huge trade distortion such as strictly limiting exports of a commodity carries tremendous economic costs to Americans, too, even, as often is the case, the costs aren’t as obvious as the benefits. For one, higher natural-gas prices at home and more export opportunities will encourage more natural-gas-extraction development here and the jobs that creats, because supply is piling up and current prices can’t support more-costly drilling in the U.S. For that reason, many of the president’s environmentalist supporters, who oppose fracking like Brigadier General Ripper did fluoridation, don’t want the president to approve higher LNG-exports levels, even though it would mean less coal is burned elsewhere (in addition, they object that more permits for liquefication will increase the U.S.’s national carbon emissions, regardless of the fact that this will be cancelled out globally by reductions elsewhere). On LNG, then, as with free-trade issues generally, the president has slowly and less than eagerly made the right, liberalizing decision. And one that should have positive ripples, too: U.S. moves toward a freer market in one commodity only strengthens our case for free trade generally.

Partisanship at the IRS


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I write on the homepage about the National Treasury Employees Union (NTEU), a deeply partisan organization that represents tens of thousands of IRS employees, and the group’s equally partisan leadership:

The union endorsed Obama in both of his presidential runs and operates a political-action committee (PAC) that has donated $1.63 million to federal candidates and committees since 2008, more than 96 percent of it to help elect Democrats. During that period, IRS employees have contributed more than $67,000 to the PAC…

Colleen Kelley, the union’s president since 1999, worked as a revenue agent for the IRS for 14 years, and her political leanings are clear. She has given nearly $5,000 to the NTEU PAC since 2007, and she donated $500 to John Kerry’s presidential campaign in 2004. If her public statements are any indication, Kelley thinks none too highly of the Republican party, especially its more conservative elements such as the Tea Party.

In March 2011, when Congress was in talks over a continuing resolution to prevent a government shutdown, Kelley slammed the “extreme elements” of the GOP for insisting on meaningful reductions in federal spending. “For months, budget negotiations have stalled in Congress as House Republicans have succumbed to extreme Tea Party elements rather than coming to common sense compromises,” Kelley said in a statement. “You have to be from Wonderland to believe that you can make severe cuts in government spending without sending the economy into a tailspin and cutting critical services Americans depend upon.”

More here.

Senate minority leader Mitch McConnell talked about Kelley and the NTEU on Meet The Press over the weekend:

MCCONNELL: Earlier this year, dozens of Tea Party-affiliated groups across the country learned what it was like to draw the attention of the speech police when they received a lengthy questionnaire from the IRS demanding attendance lists, meeting transcripts, and donor information. One of the group’s leaders described the situation this way: “[groups like ours] either drown … in unnecessary paper work … or you survive, and give them everything they want, only to be hung.” The head of one national advocacy group has released documents which show that his group’s confidential IRS information found its way into the hands of a staunch critic on the Left who also happens to be a co-chairman of President Obama’s re-election committee. The only way this information could have been made public is if someone leaked it from inside the IRS. And just last week we learned of an IRS decision revoking the tax-exempt status of small political nonprofit groups that undoubtedly foreshadows an effort to do the same to bigger groups on the Right that the Obama Administration regards as a threat to its campaign.

Department of (Social) Justice


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When the Department of Justice is finished violating journalists’ First Amendment rights, perhaps it should look into this: Liberty Counsel, an international Christian litigation organization, has obtained a brochure entitled, “LGBT Inclusion at Work: The 7 Habits of Highly Effective Managers, distributed to DOJ managers by DOJ Pride, the department’s in-house LGBT association, in advance of “LGBT Pride Month” (a.k.a. “June”).

Under each of the seven habits is a list of DOs and DON’Ts – but they are not just the usual diversity shtick. Argues Matt Barber, vice president of Liberty Counsel Action, “[The document is] “riddled with directives that grossly violate – prima facie – employees’ First Amendment liberties.” Among the helpful hints:

DO assume that LGBT employees and their allies are listening to what you’re saying (whether in a meeting or around the proverbial water cooler) and will read what you’re writing (whether in a casual email or in a formal document)” . . .

DO talk in staff meetings about why diversity is important to you as a manager, and make it clear you define diversity to include both sexual orientation and gender identity. . . .

DO provide explicit, verbal reassurance that advancement and development opportunities are based strictly on merit.

The fifth habit of highly effective managers? “Come out” as a “straight ally.”

One particular bit of advice, offered under the heading, “Know How to Respond If an Employee Comes Out to You,” seems to summarize the thrust of the whole brochure: “DON’T judge or remain silent. Silence will be interpreted as disapproval.”

For DOJ Pride, there is no longer a place even for private, unexpressed disapproval of homosexuality in the workplace. Regardless of personal beliefs, every manager ought to be a vocal advocate for the LGBT cause. If you are not an outspoken supporter, you must be an enemy.

That is justice at the DOJ these days.

The New Atlantis Turns Ten


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This month is the 80th anniversary of the kickoff of the second World’s Fair hosted in Chicago, held from May to November of 1933. Utopian rhetoric was par for the course at World’s Fairs, and since this one came during the Great Depression, the organizers naturally wanted to convey a feeling of optimism, so they called it “A Century of Progress.” Looking back on the history of the exposition, what is really striking is the motto the organizers settled on — a motto that conveys a startling understanding of what counts as progress: “Science Finds, Industry Applies, Man Conforms.”

What a diminishment of the human being that motto represents: Science and technology are unstoppable forces, and man has no choice but to remake himself in their image.

Today marks another anniversary — the tenth anniversary of the launch party for The New Atlantis, a quarterly journal, which I am honored to edit, focusing on the ethical, political, and policy aspects of modern science and technology. We push back against the “man conforms” attitude; our goal from the beginning has been to concentrate on the human side of progress: remembering that the scientific enterprise is a human institution rather than an impersonal force, and attending to the deeper questions of human nature, human dignity, and human responsibility raised by technological advancement.

For the last decade, we have tried to think about biotechnology in human terms, to champion projects that speak to our highest aspirations, and to call out egregious affronts to human dignity and welfare. We have contrasted the promise of technology to fill our lives with leisure with the basic satisfaction of working with your hands. We have pushed back against the claims that our minds are just machines, that our genes are like computer programs, and that we face a posthuman destiny. We have explored the literary and biographical background of the most towering figures in science and the most trenchant commentators on it. From nitty-gritty policy debates to the deepest questions about living and dying well, we have sought to offer a particularly American and conservative way of thinking about both the blessings and the burdens of modern science and technology.

In our latest issue, we are pleased to offer powerful essays about how we should think about and treat animals, a symposium on what we can (and can’t) learn about ourselves from evolutionary biology, and an insightful analysis of the TV show Breaking Bad.

It is no small thing to start a magazine and to keep it running for a decade, let alone a policy and literary journal, and all of us at The New Atlantis are deeply grateful to the donors and other supporters who have made our work possible, and to the many readers who have made it all worthwhile. (Won’t you consider joining them by becoming a subscriber?)

No one can know what the future will hold — the brightest utopian dreams and the darkest, most glowering scenarios each mislead as much as they instruct — but we will continue to strive for a vision of progress in which science and technology are seen as servants of humanity, and not the other way around.

— Adam Keiper is editor of The New Atlantis: A Journal of Technology and Society.

Carney: White House Senior Staff Knew about IRS Targeting, Didn’t Tell Obama


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White House press secretary Jay Carney revealed today that White House senior staff knew last month about the investigation of the IRS’s targeting of conservative and tea-party groups, but did not notify the president. President Obama had said he learned of the situation from news reports earlier this month.

White House counsel Kathryn Ruemmler was told of the inspector general’s audit of the IRS on April 24, and she later told White House chief of staff Denis McDonough, along with other members of the senior staff. Carney did not say who on the senior staff had been informed.

Carney told reporters that Ruemmler and others decided it was not “necessary” to tell the president of the upcoming IG report, as it was an ongoing investigation. “It’s a judgment of the White House counsel that this is not a matter that she should convey to the president,” he said.

Save Some Pinocchios for NPR and the NYT


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Over at the Washington Post, fact-checker Glenn Kessler awarded IRS employee Lois Lerner four Pinocchios for her comically false claim that the agency had seen a “big uptick” in 501(c)(4) applications as a partial explanation for IRS targeting. The reality? The Inspector General report showed that 501(c)(4) and 501(c)(3) applications both declined from fiscal year 2009 to fiscal year 2010. In other words, the IRS implemented its targeting poicies not in response to a “flood” of applications but instead as part of a deliberate policy in a period of modest decrease.

Someone needs to tell NPR and the New York Times. Here’s NPR in a weekend report focusing on the very few liberal groups that were improperly questioned by the IRS:

The year 2010 began a busy period for the IRS office in Cincinnati, the home of the tax-exempt determinations unit. That January, the Supreme Court handed down its Citizens United decision, which loosened the rules governing contributions to political causes and candidates. Applications flooded in to the office from groups seeking tax-exempt status, many with a political agenda.

And here’s the New York Times in its big weekend story:

Flood of Applications

In recent years, the office’s biggest headache was not the rising tide of political groups seeking tax exemptions or the growing calls from Washington lawmakers, chiefly Democrats, demanding closer scrutiny of big-spending political operations claiming tax-exempt status. The office was consumed with a different problem: a tweak Congress had made to the tax code that threatened more than 400,000 nonprofit groups around the country with an automatic loss of tax exemption, potentially putting some out of business, according to a report by the Taxpayer Advocate Service, which handles complaints about tax cases. Tens of thousands of such groups had reapplied for exemptions, overwhelming the office with queries and paperwork.

The rules governing those traditional charities, known as 501(c)3 groups, are relatively clear. But after the Supreme Court’s 2010 Citizens United decision on campaign financing freed corporations and unions to spend money on elections, hundreds of new applications began to arrive from Tea Party and other organizations. Most sought a different status, 501(c)4, under which “social welfare” nonprofit groups may engage in a limited amount of election activity without registering as political action committees and disclosing their donors.

Once again, for posterity, here are the actual numbers: In fiscal year 2009, there were 65,179 501(c)(3) applications and 1,751 501(c)(4) applications. In fiscal year 2010, when the unconstitutional viewpoint discrimination began, there were 59,486 501(c)(3) applications and 1,735 501(c)(4) applications. Nine out of ten mathematicians agree: In 2010 there were fewer applications than in 2009.

I consider myself to be rather cynical about the government and its motives, but I’m just not cynical enough. Nor am I cyncial enough about the MSM. I continue to be amazed at the IRS’s brazen falsehoods, and I continue to be amazed that “elite” press outlets swallow that spin whole. From the beginning the IRS knew that we at the ACLJ (my represents 27 tea-party groups) and others involved in the dispute had documents in our possession conclusively demonstrating that the controversy wasn’t limited to Cincinnati, nor was it confined to low-level employees. They knew the true numbers of tax-exemption applications. Yet they lied anyway.

Apparently the administration believes if it can spin a false tale to just enough press partisans and low-information voters, it can ride out virtually any storm. That belief will soon be put to the test.

Federal Scandals Should Increase Our Skepticism of the Gang of Eight


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Proponents of “comprehensive immigration reform” are professing some giddiness over the scandalmania of the past few weeks. The Daily Beast quotes Frank Sharry, a dogmatic supporter of “reform,” as saying the following: ”We hope there’s a fourth scandal . . . While all of this goes on, we’re just plugging along on this under the radar.”

Sharry’s statement reflects the concerns of some Gang of Eight skeptics, who worry that the recent media spotlight on scandals will end up aiding the passage of the Gang of Eight bill. The scandal coverage sucks up oxygen in the media, potentially limiting the ability of grassroots opponents of the Gang’s proposal to mobilize popular sentiment. These scandals also give prominent supporters of immigration “reform” cover with the conservative base. Senator Rubio can attack the administration over various scandals, ingratiating himself with the grassroots and compensating for his willingness to work with administration allies on immigration. There’s a reason why Senator Rubio’s chief of staff ended his vacation from Twitter (and unprotected his tweets) a couple weeks ago in order to post tweet after tweet about the scandals du jour.

However, the scandals of the present moment are not distinct from immigration reform. As Mark Krikorian noted the other day, the Gang of Eight bill as it currently stands is an endorsement of centralized bureaucratic powers. As the IRS and other scandals raise some concerns about centralized government agencies, the bill’s various provisions – from its guest-worker plan to its “trust us” approach to enforcement – are a vote of great confidence in big bureaucracy.

Furthermore, if it is true that these current scandals represent significant overreach by the executive or incompetence on his watch, it is rather hard to see the case for rewarding that executive with perhaps the top item on his legislative wish-list. Washington kabuki aside, the Obama administration would very likely be ecstatic if the current incarnation of the Gang of Eight’s bill became law. The bill achieves two key progressive goals: It empowers centralized authority figures and it increases the ability of federal bureaucrats to manage the U.S.’s labor market.

The coverage of scandals does take up media space, but skeptics of the Gang of Eight bill might do well to keep the public’s eye on the bigger implications of these scandals. ”No man is an island,” the 17th-century British poet John Donne once wrote. Well, no political event is an island, either: Each scandal ties into broader questions of public concern. Our present scandals seem precisely to invoke questions about public trust in executive discretion, which would be radically expanded by the proposed immigration bill.

— Fred Bauer is a writer from New England. He blogs at A Certain Enthusiasm, and his work has been featured in numerous publications.

Re ‘Carney’


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Ian, you quote the White House press secretary as saying the following, about his work recently: “It’s hard, but it’s better than 45 to 60 minutes of calling on reporters who are kind of sleepy and disinterested.”

Personally, I’d like the White House press corps to be disinterested. Uninterested, no. Tell me again when these geniuses leave office? Four years minus four months, something like that?

Mia Love Announces 2014 House Bid


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She has been named one of “Ten Republicans to Follow on Twitter,” she was a rockstar at the 2012 Republican National Convention — and now she is back for another crack at a House seat.

Mia Love, currently the mayor of Saratoga Springs, Utah, has officially announced her candidacy for Utah’s fourth congressional district, setting up a rematch against Representative Jim Matheson, who defeated Love last November by just 768 votes out of 245,277 cast.

Love is a 37-year-old wife and mother of three, a Brooklyn native born of Haitian immigrants, and a convert to the Church of Jesus Christ of Latter-Day Saints. She served six years on Saratoga Springs’s city council before being elected mayor. She is the first black female mayor in Utah’s history.

Learn more about Love at her website.

Gang of Eight Republicans Get a ‘Pass’ from Chuck Schumer


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The Senate Judiciary Committee today rejected an amendment to the Gang of Eight immigration bill that would have prevented illegal immigrants who acheive provisional status under the plan from receiving earned-income tax credits, a major source of federal assistance. In an unusual move, Gang of Eight members Jeff Flake (R., Ariz.) and Lindsey Graham (R., S.C.) voted with their fellow Republicans on the committee to support the amendment, which was defeated ten to eight on party lines. Throughout the amendment process, Flake and Graham have almost always voted with Democrats, including Gang members Chuck Schumer (D., N.Y.) and Dick Durbin (D., Ill.), to block GOP amendments. This time, however, Schumer appears to have given them a “pass” to vote with members of their own party.

In the clip below, Senator Jeff Sessions (R., Ala.), who authored the amendment, explains his proposal, and argues that the earned-income tax credit is an example of how the Gang of Eight’s insistence that newly legalized immigrants “will not receive any federal benefits under the bill” does not pass muster. “This would grant such benefits to millions and be a substantial burden on our country’s finances at a time we’re desperately trying to reduce our deficits,” he said.

At the 3:10 mark, Schumer can be seen, and heard, leaning over to ask a member of his staff: “Do our Republicans have a pass on this one if they want?” Apparently they did.

Sessions and other critics of the reform bill have long suspected that the Gang of Eight members would work together to block significant changes to the plan.

 

A Tough Beat


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Anthony Daniels, who also writes under the name Theodore Dalrymple, has for years told us about Britain’s underclass. He observed it up close as a prison psychiatrist. One of the things he often ran into, in broader society, was disbelief: Lords and ladies and so on would simply not believe that what Daniels was describing took place.

Which brings me to Roger Kimball, and his column yesterday: It is about the art world and its depravities. Roger has been on this beat a long time. His 2004 book, Art’s Prospect, is sickening. Almost impossible to read. I don’t mean it’s a bad book. On the contrary, it’s a superb book. But what he tells us about what the art world has become is revolting.

“Art is what you can get away with,” said Andy Warhol (a comment that Roger Kimball has frequent occasion to quote). What they are getting away with now is not to be believed — and yet, it’s real.

I admire Roger for continuing to look into the art world. He’s like a cop on a beat in a terrible, murderous neighborhood, but he rises to walk it, time after time.

A Question of Character (National)


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I commend to you our editorial today on the immigration “Gang of Eight” bill. (No, I didn’t write it, so I’m not being a self-promoting jerk.) (I mean, in this particular instance.) One thing that is in question is the character of our country — a question independent of race, ethnicity, and the other things people like to talk about. This is more a mental and spiritual question. A cultural one.

As the late Samuel Huntington asked, in his book, “Who are we?”

Last week, at the Oslo Freedom Forum, I was talking with a colleague of mine — a colleague who works mainly in London. He was recalling what the Labourites tried to do short years ago, and in fact did do. They recruited and ushered in waves of immigrants in order to change the character of the country. Or, as one of their men, Andrew Neather, put it, “to change the face of Britain forever.” He further said that Labour’s policy was intended “to rub the Right’s nose in diversity and render their arguments out of date.”

If people want to be American — and many millions do — great. If they want to be something else, there are 191 other nations, I believe, on the U.N. roll call. (When Montenegro came in, didn’t that make 192? Have there been others since?)

So, am I saying, “Love it or leave it,” Archie Bunker-style? Certainly not. I spend half my time slamming America, and Americans. “Dissent is the highest form of patriotism,” you know. Wasn’t that on a billion car bumpers from January 2001 to January 2009? I’m simply saying that if you don’t wish to be part of the American project — launched by our forefathers in pre-Revolutionary days — maybe another country could have the honor of your presence in it.

WWE Champion Weighing Primary-Race Rumble


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World Wrestling Entertainment champion Kane is reportedly considering challenging incumbent Tennessee senator Lamar Alexander in the state’s Republican primary. Sources close to Glenn Jacobs, Kane’s alter ego, say the wrestler is “open” to jumping into the primary, according to Reason’s Brian Doherty.

Doherty says it’s still “pure rumor mill for now,” but notes that Jacobs is an active libertarian; he has most recently voiced his opposition to the Internet sales tax, which Senator Alexander supported. Jacobs has also been involved with the Ludwig von Mises Institute and the Free State Project.

Professional wrestling fans will remember Jesse Ventura’s successful run for governor of Minnesota after his World Wrestling Federation career.

 

The Briefs (and Boxers) Against Smoking


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The war on smoking just went below the belt. Literally.

CBS-Atlanta reports that the National Institute of Health has spent $400,000 developing, in cooperation with the University of Alabama, smoke-detecting underwear. The “Personal Automatic Cigarette Tracker” uses a bracelet in conjunction with a sensor-equipped vest worn below the belt to monitor hand-to-mouth motions and inhalation. Says associate professor Dr. Edward Sazonov, “We are trying to eliminate the need for self-report from people about how much they smoke, when they smoke, how many puffs they take from the cigarette.”

And you thought “tooth-level surveillance” was bad . . .

Jottings


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1. Not long after the election, an extremely learned friend of mine, whom I have not thought of as a close student of American politics, said, “Don’t you worry, Jay: The Obama administration will founder on the shoals of its corruption. This is a deeply corrupt administration.”

I was polite, but regarded the comment as kind of strange. In the past few weeks, I’ve thought, “Holy-moly, Fred, how did you know?”

2. Obama gives us a pattern. He advises Hispanics to say, “We’re gonna punish our enemies,” and you think, “Well, that’s merely one line. Not every wording is perfectly felicitous. Don’t take everything so seriously or literally.” Then he says, “Voting is the best revenge,” and you think, “Well, heat of the moment. We all say things that have a sharper edge than we may mean.”

But Obama’s remarks add up. And then you may think, “Holy-moly — the guy really hates us, and intends to grind us into dust.”

2.5. In the past four years, I’ve often had occasion to say, “Maybe ‘fundamentally transform’ wasn’t just a piece of campaign hyperbole. Maybe the man meant exactly what he said, you know?”

I’ve also said, and written, “What part of ‘fundamentally transform’ didn’t you understand?”

3. A thought experiment for you: What if Romney were president now? Would that help us understand more about the Benghazi, IRS, and media-hunting scandals? I think so: The agencies would be more forthcoming with information, would they not?

But my colleague John Fund made an interesting point when I brought this up with him. A Romney administration might well say, “This is old business, the country wanted change, we are through with the Obama administration, let’s move on.”

Dunno.

4. I am so grateful for a separation of powers — and for the fact that the Republicans have one chamber of the legislative branch. If we had zip — not the White House, not the Senate, not the House — this would be a lot, lot harder. A White House cover-up would be much easier, I believe.

5. What does a Watergate — a scandal, or stew of scandals, on a par with Watergate — require? I think it requires, for one thing, an adversarial press. A press determined to bring the administration down.

Not the case with Lewinskygate — they were more interested in bringing Starr down — and almost certainly not the case here.

6. You have to forgive people their paranoia now (if paranoia it be). People such as tea partiers are trying to make Washington less powerful. They are trying to spur greater adherence to the Constitution. They are trying to carve out greater space for individuals and civil society. And how does Washington react? How, specifically, does the IRS react? By trying to crush them.

As I said yesterday, American life resembles more and more an Ayn Rand novel. The old gal was at least part seer.

7. Obama has been called “Nixonian” for years now, but I’m beginning to think that’s not entirely fair to Milhous. Perhaps we should say, from now on, that Nixon had an Obamesque streak.

8. Reading Jillian’s piece today, about how the assembled powers of the government set out to ruin a woman who seems to be a sterling citizen, I thought of a WFB word: “totalist.” The government must never practice the politics of totalism. Political opponents must remain political opponents, instead of enemies of the state, sub-citizens to be destroyed.

There’s only one thing that can stop Obamite excesses: the people. The people elected and reelected this gang. If they want to stop the excesses, they will. If they don’t — we’re probably stuck with them.

Carney: ‘It Has Been a Good Week’


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“Honestly, I find it enjoyable,” White House press secretary Jay Carney says of his most recent week in the White House’s briefing room. “I find it challenging. It’s hard, but it’s better than 45 to 60 minutes of calling on reporters who are kind of sleepy and disinterested,” he explains. ”For me personally, it has been a good week.”

The White House’s “bespectacled, baby-faced press warrior” is the subject of a NYT profile published on Saturday — and while the Times takes the opportunity to land a few jabs at Carney’s “semantic jujitsu” skills, the piece works mightily to buck up the flailing flack.

About Benghazi, for instance: “Mr. Carney is far from the center of that controversy” — a controversy spurred, in part, by his own contradictory statements (his peddling the attacks as a movie-protest-gone-wild, for example, or his explaining the State Department’s talking-points suggestions as “stylistic edits”).

Expectations are also unfairly high: “There also appears to be an unspoken expectation in the White House that Mr. Carney can somehow control the news-hungry animals with which he once shared the zoo, which is largely untrue.”

Still, don’t feel bad for the embattled press secretary: “I had 21 years in journalism,” says Carney, “that included being on Air Force One on 9/11, the Hill during impeachment, being in the Soviet Union for the collapse as a Russian speaker. As great as everything I did in Washington was, nothing met the bar of exhilaration that I felt in Moscow, until this job.”

“Exhilaration.” Is that what they’re calling it now?

A Blow to School Choice, Ctd.


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The Justice Department recently decided that schools that accept vouchers must comply with the Americans with Disabilities Act as though they were government contractors. As I mentioned here earlier, that decision will make schools less likely to participate in voucher programs. Compliance with the ADA will significantly raise costs, and some schools may be wary of compromising their character as private organizations. Jason Bedrick and Patrick Wolf have written about this issue since I last posted. Wolf makes a point about the Wisconsin program that was the department’s letter concerned: “So, after 22 years of operation and with 25,000 student participants, approximately 11 percent of whom have disabilities, the state agency that oversees the Milwaukee Parental Choice Program has received a grand total of 0 complaints regarding the program’s treatment of students with disabilities.” The problem may be non-existent, but the costs of the department’s solution will be real enough.

The Law of Unintended Consequences, Obamacare Edition


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Planning of large chunks of the economy is harder than pro-government advocates usually anticipate. People often respond to new laws or behave in ways that central planners never forsee. In this vein, over at the Cato Institute, Michael Cannon points to yet another factor that ”could make the roll-out of ObamaCare’s health insurance ‘exchanges’ even more of a train wreck.”

While, in theory, Obamacare requires that employers with 50 or more workers must offer coverage to their workers or pay a penalty, the law may only mandates the provision of what amounts to very light coverage. The Wall Street Journal explains:

Benefits advisers and insurance brokers—bucking a commonly held expectation that the law would broadly enrich benefits—are pitching these low-benefit plans around the country. They cover minimal requirements such as preventive services, but often little more. Some of the plans wouldn’t cover surgery, X-rays or prenatal care at all. Others will be paired with limited packages to cover additional services, for instance, $100 a day for a hospital visit.

Federal officials say this type of plan, in concept, would appear to qualify as acceptable minimum coverage under the law, and let most employers avoid an across-the-workforce $2,000-per-worker penalty for firms that offer nothing. Employers could still face other penalties they anticipate would be far less costly.

But you would have to read the law to know what’s inside:

Many employers and benefits experts have understood the rules to require robust insurance, covering a list of “essential” benefits such as mental-health services and a high percentage of workers’ overall costs. Many employers, particularly in low-wage industries, worry about whether they—or their workers—can afford it.

But a close reading of the rules makes it clear that those mandates affect only plans sponsored by insurers that are sold to small businesses and individuals, federal officials confirm. That affects only about 30 million of the more than 160 million people with private insurance, including 19 million people covered by employers, according to a Citigroup Inc. report. 

Those requirements applyng to the individual market would affect some 20 percent of the 160 millions of Americans with private insurance. 

Cannon lays out some of the unintended consequences of the law that ultimately could end up seriously jacking up its costs and be a serious challenge to the implementation of the health-insurance exchanges: 

  • To the extent ObamaCare’s employer mandate pushes firms to offer bare-bones plans, premiums for plans offered through Exchanges will rise. The healthiest workers will enroll in their employers’ bare-bones plans, but workers who have expensive illnesses (or with dependents who have expensive illnesses) will seek more-comprehensive coverage through the Exchanges. The influx of sick consumers will increase the premiums for Exchange-based plans. Many of these sick workers won’t receive any premium-assistance tax credits or cost-sharing subsidies because their employer’s bare-bones plan will likely satisfy ObamaCare’s definition of adequate – and because the statute forbids those entitlements in the 33 states that have declined to establish an Exchange.
  • Employers are also renewing their health-benefits contracts early (i.e., before January 1, 2014), which allows them to avoid many of ObamaCare’s regulatory costs for several months. That move could also increase premiums for Exchange-based plans by encouraging workers with high-cost illnesses to seek coverage through Exchanges while healthy workers stick with their employer’s plans.
  • Many employers are also considering self-insuring their health benefits, an arrangement in which the employer bears the risk that is usually borne by the insurance carrier and just hires someone (often an insurer) to administer the coverage. This strategy allows also employers to avoid many of ObamaCare’s regulatory costs and could also increase premiums in the Exchanges and small-group market.

But here is the most interesting part: In spite of overwhelming evidence that some people respond to laws that impose higher costs by trying to avoid them, some people are still surprised when this happens, as the Journal reports:

Several expressed surprise that employers would consider the approach.

“We wouldn’t have anticipated that there’d be demand for these types of band-aid plans in 2014,” said Robert Kocher, a former White House health adviser who helped shepherd the law. “Our expectation was that employers would offer high quality insurance.” Part of the problem: lawmakers left vague the definition of employer-sponsored coverage, opening the door to unexpected interpretations, say people involved in drafting the law.

The whole thing is here. Also, everything by Michael Cannon is worth reading, and you could do that here.

Fox News Reports on DOJ’s Targeting of Two Fox Reporters, One Producer


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Fox News’ Megyn Kelly and Shannon Bream reported this afternoon on the latest in the Department of Justice’s investigation of the channel’s chief Washington correspondent James Rosen. Bream revealed that two other Fox News employees were also targeted: correspondent William La Jeunesse​ and DOJ and national-security senior producer Mike Levine.

At Notre Dame’s Commencement, It’s Not 2009


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In an interview in the summer of 2011, Fr. William Miscamble, a beloved history professor and Holy Cross priest at Notre Dame who was among those who protested President Obama’s being honored there in 2009, told me:

Notre Dame’s honoring of a president who is deeply committed to the terrible abortion regime which prevails in the United States today damaged its reputation and credibility as a Catholic university. It strained the university’s relationship with the institutional Church. You would recall that the president’s visit brought forth criticism of Notre Dame from over 80 bishops, from literally thousands of Notre Dame alumni, and from hundreds of thousands of committed Catholic folk who love Notre Dame and expected more from her. Notre Dame is still struggling to overcome the harm done. While it has undertaken some “damage limitation” measures, it certainly has not regained its previous treasured place in American Catholic life. Notre Dame’s reputation as a Catholic University is still in need of repair.

There are good things happening at Notre Dame. During yesterday’s commencement address, New York’s Cardinal Dolan reminded graduates of “the secret” of the place: the model of Mary, Mother of God, honored in the university’s name and at its famous grotto. 

Talk about mission. It’s in the name! It should be no secret.

There will continue to be a mixed bag there, no doubt — mission renewal takes dedicated and sustained work. And it absolutely requires the kind of authenticity, born of real faith and prayer and sacrifice, that yesterday’s speaker emphasized.

Christianity in America – and in the West — is at a get real“ point right now. So much of what has gone terribly wrong in the Church and in the world has its roots in people’s not taking their faith seriously, not being faithful to teachings, not teaching, not giving others the best of themselves in love and sacrificial service out of love for God. Taken for real – and not as merely a cardinal’s priestly sentiments about a woman you see in gold when you’re landing in South Bend — it’s as radical a proposal as there is, and to everyone’s ecumenical benefit. 

More thoughts here

UPDATE: Text of the commencement address is now up here

54 of Colorado’s 64 County Sheriffs Sue State over Gun-Control Law


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Colorado passed some of the nation’s strictest gun-control measures earlier this year, and 54 of the state’s 64 country sheriffs have joined onto a lawsuit that attempts to block them. 

The suit, which is being led by the Independence Institute, challenges Colorado’s ban on magazines of more than 15 rounds and the requirement for background checks on all private gun sales.

“These bills do absolutely nothing to make Colorado a safer place to live, to work, to play or to raise a family,” Weld County Sheriff John Cooke said at a press conference on Friday. ”Instead these misguided, unconstitutional bills will have the opposite effect because they greatly restrict the right of decent, law-abiding citizens to defend themselves, their families and their homes.”

The sheriffs, who are elected in the state of Colorado, raised concerns about how the new laws infringe on Second Amendment rights, citing D.C. v. Heller, and questioned how they could be feasibly enforced.

The Colorado Association of Chiefs of Police has issued a statement voicing its support for the measures. The background-check requirement went into force immediately, while the magazine limit begins starting July 1.

Immigration Officers’ Union Blasts Gang of Eight


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The president of the National Citizenship and Immigration Services Council announced his opposition to the Gang of Eight immigration bill (S. 744) on Monday, joining dozens of law-enforcement officers from around the country.

Kenneth Palinkas, who heads the union representing 12,000 U.S. Citizenship and Immigration Services (USCIS) officers and staff, slammed the Senate plan, arguing in a statement that it “makes the current system worse, not better,” and “will damage public safety and national security.” He said he was “pleased” to add his name to a letter spearheaded by Chris Crane, president of the union representing U.S. Immigrations and Customs Enforcement (ICE) agents, which has been signed by more than 40 leading officials in the law-enforcement community and expresses “deep concern” about the Gang’s approach to immigration enforcement.

USCIS employees are responsible for adjudicating of millions of applications per year from immigrations seeking visas, permanent residency, or citizenship. Palinkas offered a blistering assessment of the existing “culture” at USCIS, and said the Gang of Eight’s proposal “fails to address some of the most serious concerns.”

Under the Obama administration, enforcement of the law routinely takes a back seat to other, more political concerns, he said. Illegal aliens are referred to as “customers” under current USCIS policy. The agency has been turned into an “approval machine,” as officers are “pressured to rubber stamp applications instead of conducting diligent case review and investigation.” USCIS has “created an almost insurmountable bureaucracy” that precludes communication with other agencies such as ICE, and officers are often pressured to approve applications for individuals that ICE has determined should be deported.

Palinkas echoed the concerns Crane expressed to National Review Online in April that President Obama’s “deferred action” policy (his DREAM Act policy) is consistently abused, has stymied immigration officers’ efforts to enforce the law, and suggests that any future promises of stricter enforcement are unlikely to be kept:

– Currently, USCIS reports a 99.5% approval rating for all illegal alien applications for legal status filed under the Obama Administration’s new deferred action for childhood arrivals (DACA) policies. DHS and USCIS leadership have intentionally established an application process for DACA applicants that bypasses traditional in-person investigatory interviews with trained USCIS adjudications officers. These practices were put in place to stop proper screening and enforcement, and guarantee that applications will be rubber-stamped for approval, a practice that virtually guarantees widespread fraud and places public safety at risk.

– While illegal aliens applying for legal status under DACA polices are required to pay fees, DHS and USCIS are now exercising their discretion to waive those fees. Undoubtedly these practices will be replicated for millions of illegal aliens if S.744 becomes law.

Palinkas concludes:

In closing, the legislation will provide legal status to millions of visa overstays while failing to provide for necessary in-person interviews. Legal status is also explicitly granted to millions who have committed serious immigration and criminal offenses, while dramatically boosting future immigration without correcting the flaws in our current legal immigration process. We need immigration reform that works. This legislation, sadly, will not.

T.S. Eliot on the IRS Scandal


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I think this kind of thing used to be called an “open conspiracy.” Here’s how it goes:

President Obama jets off to Las Vegas for a campaign speech in which he exclaims innocently: “Will no one rid me of this turbulent Tea Party?” At first there is no discernible response. The Internal Revenue Service sleeps. So he says it again in Des Moines. And again in Grand Rapids, Michigan. By this time he is shouting it and underlining the passage in the press release.

Eventually he is overheard by some senior IRS bureaucrats whose loyalty to their president knows few bounds. They immediately begin bombarding as many Tea Party organizations as they can find with demands for audits, membership lists, minutes of meetings, copies of hymns sung at their Christmas/Hannukah/Eid parties, photographs of committee members, souvenir menus from special occasions, and topographical details of the regions in which they live. When they run out of tea-party organizations, they write to Zionist bodies, temperance groups, Men’s Rights organizations, and other gatherings of a subversive character.

This activity comes to the attention of the Court. Over many months the president’s courtiers discuss whether or not he should be informed of what is happening. But whenever any of them tries to approach him on the matter, he stares hard and says: “How many times do I have to say it? Will no one rid me of this turbulent Tea Party? I mean it’s not very mysterious, is it? Not especially cryptic, wouldn’t you say. Pretty plain if you ask me? WILL . . . NO ONE . . . RID ME . . .  RID ME, UNDERSTAND? . . . OF THIS . . .  NOT THAT, GENIUS BOY . . . THIS . . . TURBULENT . . .  OR I COULD SAY “MEDDLESOME” IN SOME MOODS . . . TEA PARTY! . . .  OKAY? . . . TEA PARTY . . . GOT THAT? . . .  OR DO I HAVE TO SPELL IT OUT?”

But the courtiers are baffled. And they make no connection with the hive of activity they see emanating from the IRS. Then one day it is reported that the IRS has been harassing something called the Tea Party of which they knew nothing with oppressive and unconstitutional demands designed to render it inert and useless, half-dead one might say. This sets all the anchormen, reporters, correspondents, editors, and town criers into a passionate, albeit likely brief, frenzy in which they mutter darkly about abuse of power and such matters.

And the president says: “Tea party? Never heard of it. The IRS? It rings a faint bell. Isn’t there someone there who’s leaving soon. Maybe we should make an example of him so as to encourage other retirees not to abuse their office, if that is what was done. I have no information on the matter, but it would certainly be deplorable if that were the case, and thus probably the responsibility of an earlier administration.”

And in the cathedral of the IRS these words are heard with some trepidation. Many who followed orders to confuse and bamboozle the Tea Party wonder if anything untoward will happen to them as a result. One of their number who has a copy of Eliot’s “Murder in the Cathedral” to hand looks up the words of a bureaucrat of Henry II’s time who similarly acted on a monarch’s throwaway line. That bureaucrat — a knight in archaic lingo — killed an archbishop as a result, but the principle is the same. At any rate he forecast his own fate pretty accurately.

“We know perfectly well how things will turn out. King Henry — God bless him — will have to say, for reasons of state, that he never meant this to happen; and there is going to be an awful row; and at the best we shall have to spend the rest of our lives abroad. And even when reasonable people come to see that the Archbishop had to be put out of the way — and personally I had a tremendous admiration for him — you must have noticed what a good show he put up at the end — they won’t give us any glory.”

And as things now look, the IRS knights certainly won’t get any glory. Indeed, they’ll be quite lucky to spend the rest of their lives abroad.

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