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Saturday, November 21, 2009
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Outraged Democrats yesterday called for an investigation into President Bush's recess appointment of Sam Fox to be ambassador to Belgium. Fox, a contributor to the Swift Boat Veterans group in 2004, had seen his nomination derailed by Senate Democrats. A widely distributed AP story is reporting three Democratic senators -- Christopher Dodd, John Kerry and Robert Casey -- yesterday "wrote in a letter to the Government Accountability Office, Congress' auditing agency," that 'we view the recess appointment of Mr. Fox as a clear abuse of the President's recess appointment power." White House spokesman Gordon Johndroe "defended the use of recess appointments as a presidential prerogative." And Vice President Cheney, during a Rush Limbaugh Show interview, defended Bush's right to make the appointment. "I know Sam well. He's a good friend of mine and has been for many years. I think he's a great appointment. He'll do a superb job as our Ambassador to Belgium. I was delighted when the President made the recess appointment. He clearly has that authority under the Constitution."
But as Mary Ann Akers of WashingtonPost.com said on MSNBC's Tucker, "The reason Democrats are so upset right now" is they believe "the nomination was withdrawn. In other words, it wasn't pending. And they are citing law that says it is illegal for the president to do a recess appointment when the nomination is not pending." The Los Angeles Times reports State Department spokesman Sean McCormack "said Fox had agreed to receive no salary. Under federal law, he said, recipients of recess appointments are paid if their nomination is pending at the time of the appointment or if the vacancy occurred within 30 days of the appointment. Neither is true in Fox's case, he said."
USA Today this morning notes Bush used "powers as old as the US Constitution" to make his "recess appointments" this week. The current chief executive "ranks fourth among modern presidents in granting such appointments, bypassing the Senate 165 times to get his nominees in place, according to the Senate historian's office. Ronald Reagan holds the record with 243 appointments."
Some analysts are suggesting the Fox appointment, and the other two Bush made this week, will damage the already frayed relationship between Bush and the Democratic Congress. USA Today's Susan Page said on MSNBC's Hardball, "Bush demonstrated yesterday that he retains, despite all his troubles in his second term, the power to do a lot of things, including making appointments like this. But what is the cost? What is the cost when he goes back and wants to make a deal on immigration, or wants to get this spending bill through? I think there is some cost here." USA Today quotes Mark Rozell, "a separation of powers specialist at George Mason University," saying "the question is whether" Bush's appointments were "the politically wise thing to do. ... It makes for a more difficult relationship with certain members of the Senate."
Editorials in several newspapers this morning are critical of Bush's decision. The Washington Post, under the headline "Recess Abuse," editorializes that Bush "can't simultaneously complain that his nominees aren't being accorded due process and take steps to avoid due process. If the administration hopes to achieve anything in its final months, the administration would do well to make more of an effort to adapt to the Senate's new political landscape." The New York Times calls Bush's appointments this week "an old political trick," adding all three "are extraordinarily bad appointments -- and three more reminders of how Mr. Bush's claims of wanting to work with Congress's Democratic leadership are just empty words." The Salt Lake Tribune, in an editorial titled "Sam Fox Appointment Is More Gutter Politics," writes, "Now, we're not political virgins. We understand that big financial contributions are often the price of an ambassadorship. ... Nor is President Bush the first to use recess appointments. All presidents since Washington have done so." But "we draw the line at the slimy Swift Boat Veterans for Truth." The Wall Street Journal, meanwhile, says in an editorial, "The Bush folks showed some rare gumption toward Congress with its appointments this week."
Another Recess Appointment Coming? The Wall Street Journal's "Washington Wire" reports, "With Bush quick to use recess appointments while Congress is out, consumer groups fear he will leapfrog Democratic opposition and recess-appoint National Association of Manufacturers lobbyist -- and longtime Republican lobbyist -- Michael Baroody to head Consumer Product Safety Commission. 'There couldn't be a worse candidate for this position,' says Public Citizen."
The Washington Post reports this morning the US Justice Department "is refusing to release hundreds of pages of additional documents related to the firings of eight US attorneys, setting up a fresh clash with Capitol Hill in a controversy that continues to threaten Attorney General Alberto R. Gonzales's hold on his position." The Senate Judiciary Committee, "whose investigators have been allowed to view, but not obtain copies of, the records in question, is preparing subpoenas for those papers as well as for all e-mails or documents from the Justice Department and the White House connected to the dismissals of the prosecutors."
Meanwhile, the New York Times says Sen. Pat Leahy, the chairman of the Senate Judiciary Committee, has asked Gonzales on Thursday to provide the panel with a written account of his role in last year's dismissals of eight United States attorneys at least two days before his scheduled April 17 testimony." In a letter to Gonzales, Sen. Patrick J. Leahy requested "a full and complete account of the development of the plan to replace United States attorneys, and all the specifics of your role in connection with that matter."
Office Of Special Counsel Probing Iglesias Firing In yet another front for the beleaguered Gonzales, USA Today reports "the government's Office of Special Counsel has launched an investigation into the dismissal of David Iglesias, the fired US attorney from New Mexico said Thursday." Iglesias "said the special counsel's office, which provides protection for whistleblowers and other potential victims of federal employment violations, contacted him last month after he suggested in congressional testimony that he was improperly removed for political reasons."
Minnesota Resignations Seen As Suspicious The Minneapolis Star Tribune is reporting that "in a surprising move, three top lawyers in the Minnesota US Attorney's Office resigned their management positions Thursday and will return to prosecuting cases." The resignations of First Assistant US Attorney John Marti, Erika Mozangue and James Lackner "followed a visit to the office by a representative from the Executive Office of the US Attorney in Washington, DC." The resignations "are certain to raise questions, especially in light of the controversy surrounding...Gonzales and the way the Bush administration replaced eight US attorneys around the country since August."
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On its front page this morning, the Washington Post reports that "captured Iraqi documents and intelligence interrogations of Saddam Hussein and two former aides 'all confirmed' that Hussein's regime was not directly cooperating with al-Qaeda before the US invasion of Iraq," according to a declassified Defense Department report released yesterday. The report by acting Inspector General Thomas F. Gimble "also contains new details about the intelligence community's prewar consensus that the Iraqi government and al-Qaeda figures had only limited contacts, and its judgments that reports of deeper links were based on dubious or unconfirmed information." The New York Times and Los Angeles Times run similar stories.
House Speaker Nancy Pelosi traveled Saudi Arabia yesterday, as part of her tour of the Middle East. The New York Times reports she visited Saudi Arabia's unelected advisory council, the closest thing in the kingdom to a legislature, where she tried out her counterpart's chair -- a privilege not available to Saudi women because they cannot become legislators." Pelosi "said she raised the issue of the lack of women in Saudi politics." But back in Washington, the furor over her meeting with Syrian President Assad showed no signs of abating. Vice President Cheney, during an interview on the Rush Limbaugh Show, said, "She's not entitled to make policy. ... I'm obviously disappointed." The Los Angeles Times notes Cheney "scolded" Nancy Pelosi "for 'bad behavior' in traveling to Syria, a country that he said promoted terrorism."
In an editorial, the Wall Street Journal says "Democrats took Congress last fall in part by opposing the war in Iraq, but it is becoming clear that they view their election as a mandate for something far more ambitious -- to wit, promoting and executing their own foreign policy, albeit without the detail of a Presidential election. ... What was Ms. Pelosi hoping to accomplish, other than embarrassing President Bush?" USA Today, also in an editorial, says Pelosi "violated a long-held understanding that the United States should speak with one official voice abroad -- even if the country is deeply divided on foreign policy back home. Like it or not (and we do not)...Bush's policy has been to refuse to negotiate with Syria until it changes its behavior." But defending Pelosi, in a USA Today op-ed, Democratic Rep. Tom Lantos writes, "USA TODAY's views distort both the nature of...Pelosi's trip and the constitutional role of Congress in foreign policy. As a member of the speaker's delegation who accompanied her to every meeting, I would like to set the record straight. Let's be clear. Speaker Pelosi acted well within the bounds of current US foreign policy," but "she also demonstrated that she agrees with the bipartisan Iraq Study Group that constructive dialogue is a critical means of addressing our concerns with Damascus."
Did Pelosi Commit A Felony? Robert F. Turner, acting assistant secretary of state for legislative affairs in 1984-85, writes in the Wall Street Journal that Pelosi "may well have committed a felony in traveling to Damascus this week, against the wishes of the president, to communicate on foreign-policy issues with Syrian President Bashar Assad. The administration isn't going to want to touch this political hot potato, nor should it become a partisan issue. Maybe special counsel Patrick Fitzgerald, whose aggressive prosecution of Lewis Libby establishes his independence from White House influence, should be called back." Turner adds, "The 'Logan Act' makes it a felony and provides for a prison sentence of up to three years for any American, 'without authority of the United States,' to communicate with a foreign government in an effort to influence that government's behavior on any 'disputes or controversies with the United States.'"
The Washington Times reports this morning that "Congressional Democrats say their constituents are clamoring for something even the most liberal lawmakers promise they won't pursue: President Bush's impeachment." Rep. John Murtha said, "I get one call after another saying, 'Impeach the president.' It's a simple process but a very divisive thing. You've got to measure what it's going to do to the country, and at this point I don't see that happening. Instead we'll fight it out on the issues." Rep. Jerrold Nadler expressed a similar view. Rep. Diane Watson, meanwhile, said that while "she would support impeachment...it is 'not a strategy our new leadership would want to start with.'" Also, in an interview with the AP, Rep. Dennis Kucinich said the Bush Administration's "preparations for war in and of itself have raised questions relating to impeachment."
The Washington Times reports today the White House "signaled support for legislation that provides federal funding for stem-cell research using embryonic cells that have no chance of surviving." Sen. Johnny Isakson's legislation "seeks a middle ground in the highly charged debate over stem-cell research. His bill skirts moral concerns over using embryonic stem cells while ensuring federal funding for the breakthrough science."
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Under the headline "Romney Rockets Into First-Place Tie In New Hampshire," the Washington Times reports on a new Zogby poll taken April 2-3 that shows Mitt Romney and Sen. John McCain tied among likely New Hampshire Republican primary voters at 25% each, followed by Rudy Giuliani at 19%, Fred Thompson 6%, and Rep. Ron Paul 2%. Sen. Chuck Hagel, Mike Huckabee, Rep. Duncan Hunter, and Rep. Tom Tancredo each draw one percent; Sen. Sam Brownback and Tommy Thompson less than one percent.
The Boston Herald says Romney "leapfrogged" Giuliani, and, as The Hill writes, the poll "rounds off a successful week for Romney, who last month polled at 13 percent in New Hampshire."
Romney Takes Another Shot At Hunting Question The New York Times reports Mitt Romney "has struggled over the last few months to reassure Republican conservatives that he is one of them. When asked on Tuesday about his stance on guns, Mr. Romney, as he has more than once, portrayed himself as a sportsman, a 'hunter pretty much all my life,' who strongly supported a right to bear arms." But the AP reported Wednesday that Romney "had in fact been hunting only twice."
On Thursday, the AP reports Romney "said he has hunted small game since his youth." Campaigning in Indianapolis, he said, "I'm not a big-game hunter. I've made that very clear. I've always been a rodent and rabbit hunter. Small varmints, if you will. I began when I was 15 or so and I have hunted those kinds of varmints since then. More than two times." The Washington Post reports Romney spokesman Kevin Madden "insists whether or not his candidate hunts is beside the point. Romney is a staunch supporter of the Second Amendment protections for gun ownership, is a 'big supporter' of sportsmen and has a 'good record' on conservation issues that hunters care about, Madden said."
Romney Used Personal Wealth To Lay Out Bid The New York Times reports that while Romney, "the multimillionaire founder of a giant private equity firm, knew he did not need other people's money to mount a presidential campaign," he "wanted to avoid the fate of two other millionaires, Steve Forbes and Ross Perot." So "instead of tapping his own money directly, Mr. Romney embarked on an effort to leverage his personal fortune into donations to his Republican primary campaign." He first spent $6 million of his own money to help win him the Massachusetts governorship, then he "almost immediately began parlaying his own wealth, a network of his fellow Mormons and financiers, and his fund-raising role for the Republican Governors Association, into a national operation."
The New York Times reports Rudy Giuliani, campaigning in culturally conservative South Carolina, "firmly stated that as president he would not seek to make abortion illegal. Aware of the damage his position might do to him among some conservative voters, Mr. Giuliani said that if someone was inclined to vote against him solely because of his stance on abortion, then so be it." The Times notes that Giuliani is "a Roman Catholic who once considered joining the priesthood," and that he "has wrestled with the abortion question for years, often expressing his personal opposition. But he has also long supported keeping abortion legal." The AP says "support for abortion rights is unpopular with conservatives who dominate the GOP in South Carolina, an early voting state." But Giuliani said, "I tell people what I think. I tell them, evaluate me as I am and do not expect them to agree with me on everything. ... If that's the most important thing, then I'm comfortable with the fact you won't vote for me."
Giuliani To Leave His Consulting Firm The AP reports Giuliani said he will leave Giuliani Partners LLP, his consulting firm, "because of the demands of his White House bid." However, he said he "didn't have an exact time table on when he would leave. 'I'm largely out of it and I'm pretty much going to be out of it at some point pretty soon,' he said."
The Politico says Fred Thompson "has moved beyond pondering a bid for the White House and begun assembling the nucleus of a campaign should he decide to run, according to people involved in the effort." Thompson has not yet decided to seek the GOP nomination, "but 'he is getting more serious every day,' said an adviser familiar with Thompson's plans." His "coming-out as a candidate-in-waiting will be a May 4 appearance at the 45th annual dinner of the Lincoln Club of Orange County in the heart of Ronald Reagan country in Southern California." However, "there are no plans now for an announcement then." The Washington Times says "throngs' are expected for a Draft Fred Thompson Rally in central Tennessee later this month."
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The CBS Evening News reported Florida Gov. Charlie Crist, a Republican, "with the help of the state clemency board, effectively did away today with a 139-year-old law steeped in Jim Crow that stripped ex-felons of their right to vote and hold professional licenses." But in "righting a civil rights wrong, Governor Crist, a Republican, may have turned his red state blue, handing the advantage to the Democrats in the next presidential race." Florida State University's Lance deHaven-Smith said, "Based on turnout and the voting patterns that you would see about 80,000 additional votes, net gain for the Democrats, which in a state as evenly divided as Florida, could make all the difference."
The New York Times says under the new rules, "the roughly 80 percent of ex-offenders whose crimes were not considered violent will win automatic rights restoration after the state makes sure they have paid any restitution to victims and have no pending criminal charges." The AP notes the change was approved "by the governor and the state clemency board."
NBC Nightly News reported, "It's been a week that turned the presidential campaign upside down. A new Republican frontrunner in the money race," Mitt Romney, "now facing new scrutiny," with Romney "lampooned in 'Doonesbury' all week as a flip-flopper. Hillary Clinton has the opposite problem. She has been in the lead so long, how will she react to real competition from a rookie campaigner who raised as much money and is now breathing down her neck?" It's also been "a rough week for the other original frontrunner, John McCain. ... At least he was not at war with the New York tabloids who have been so tough with Rudy Giuliani's wife he had to defend her at the ballpark."
McClatchy runs a similar report, quoting Democratic strategist Bill Carrick saying, "We're seeing a situation where up to five or six Democratic candidates will have enough money to run serious races through the first four contests. The momentum out of the first four will have a big impact on who's around to play on February 5." And on the GOP side, despite McCain's woes, "neither Romney, a Mormon mired in single digits in polls and with suspect conservative credentials despite his golden touch, nor Giuliani -- thrice-married, twice-divorced, supportive of gay rights and public funding of abortion -- is positioned to fully capitalize."
The Washington Post reports Newt Gingrich "apologized in a YouTube video for his recent remarks equating bilingual education with 'the language of living in a ghetto.' The apology was delivered in English and Spanish, with the three-minute Spanish video, 'Mensaje de Newt Gingrich,' subtitled in English." In an interview, Gingrich "called his choice of words 'clumsy.'"
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The Los Angeles Times reports Sen. Barack Obama's "strong fundraising performance...came as welcome news Wednesday for a campaign beginning to face criticism as lacking substance." The first-term senator's "strong first-quarter showing comes as the laudatory wave that ushered him into the race for the Democratic presidential nomination is giving way to less favorable assessments of his campaign." While Obama "continues to attract large crowds, his penchant for generalities has disappointed some audiences, particularly those most attuned to politics." And in New Hampshire, among some voters "the big bucks seem more a cause of concern than a reason for excitement," the Christian Science Monitor writes. At one forum, Obama was asked "if he would be, in essence, a captive of his donors."
Obama's Big Haul Could Boost Dodd, Richardson The Washington Times reports that though Obama "scored big in fundraising this week," the "two happiest candidates may be" Sen. Christopher Dodd and Gov. Bill Richardson, who "now see an opening since Sen. Hillary Rodham Clinton has not run away with the nomination. As the two candidates with arguably the longest official resumes," Dodd and Richardson "say they can compete for the long haul."
Dana Milbank writes in the Washington Post about a new Zogby poll, "funded by Judicial Watch, finding that people expect Hillary Clinton's administration to be corrupt. Some might regard the findings as premature, given that the Hillary Clinton administration has not been elected and, therefore, has had limited opportunity to demonstrate corruptness. But this was no obstacle" to Judicial Watch President Tom Fitton, who "announced triumphantly" that 42% of likely voters "'describe Hillary Clinton as corrupt.'" Fitton "tiptoed around the finding that a larger number, 51 percent, do not see her as corrupt."
The Politico reports the Democratic National Committee "is refusing to give its formal stamp of approval" to a Fox News Democratic presidential debate to be co-sponsored by the Congressional Black Caucus Institute. DNC Communications Director Karen Finney said via e-mail, "The DNC sanctioned debates will not include Fox." The Washington Post reports, "Fox officials said their event will go forward as planned."
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Jay Leno: "Secretary of No-Particular-State Nancy Pelosi is being sharply criticized, even by the Washington Post, for visiting Syria yesterday against the wishes of President Bush. Our official policy is to punish Syria for not renouncing terror. Hey, maybe the visit from Nancy was part of the punishment."
Jay Leno: President Bush "went on vacation to his ranch in Texas for what the White House said was a short weekend break. You know, aren't we at war? Anybody else's weekend start on Wednesday? Try that at your job: 'Boss, I'd like to take the weekend off. I'll be leaving Tuesday night.'"
Jay Leno: Rep. Tom Tancredo "has thrown his hat into the presidential ring. He said he decided to run for president after talking it over with his family. But even members of his own family are going, 'Who are you again?'"
Jimmy Kimmel: Mitt Romney has "been telling people he's a lifelong hunter. But it turns out the truth is, he went hunting once when he was 15 years old, and once last year. ... I think it's important to add that both of the times he did go hunting, he shot an old man in the face."
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