SUBSCRIBE NOW WELCOME BACK. Do you want to continue reading where you left off? New Republic subscribers can pick up where they left off no matter which device they were previously using. SUBSCRIBE NOW

Go Home Obama Admits the Obvious: The GOP Is Unreasonable

JONATHAN COHN JULY 23, 2011

Obama Admits the Obvious: The GOP Is Unreasonable

To a lot of people, the most striking thing about President Obama’s press conference on Friday evening was his tone. He seemed visibly angry with House Speaker John Boehner for ending their negotiations over the construction of a large deficit reduction deal.

But to me the most striking thing was a three-word phrase Obama used to describe himself towards the end: “A Democratic president.”

Obama frequently tries to position himself as a post-partisan figure, standing astride the two parties and above the fray. He uses phrases like “the problems of Washington” and “typical partisan bickering,” portraying himself as the grown-up in the room ready to do what neither side will not, in order to look out for the public’s best interest. It’s a posture that reinforces the perceptions of the Joe Public and the conventions of Joe Pundit -- and probably helps his popularity, too. 

But that's not really the way debates have been playing out lately, particularly in this instance. It's the Republican threat to block an increase in the debt ceiling, something even Ronald Reagan on multiple occasions, that has precipitated this debate and, in the process, risked an economic calamity. And it’s the Republican resistance to raising new revenue, something else that Ronald Reagan did a few times, that has made a deal so hard to achieve.

On Friday night, at least, Obama seemed to understand that -- and, more important, was willing to say that.

For the last twelve hours, the principals and advisers to Obama and Boehner have argued over which side acted in bad faith. Boehner has described the White House position as “jell-o.” In his version of events, the two sides had an agreement in place on both new revenue and spending cuts. But then the White House, reacting to angry Democrats, started demanding more revenue still – and that’s when Boehner decided it was time to move on. “It’s the president who walked away from his agreement and demanded more money at the last minute," the Speaker said.

Obama, for his part, made a point of noting that he had called Boehner on Thursday night, waiting to hear from him, but got no answer until Friday afternoon, at 5:30, when the Speaker told him he was no longer interested in working on their deal. Aides later told reporters, including this one, that the negotiations had been fluid all along – that their request for more revenue on Thursday was merely the latest counter-offer in a series of back-and-forth exchanges that had been going on the entire time. They fully expected another counter-offer to continue negotiating from there.

"These were serious talks, with a lot of back-and-forth at the staff level over technical questions," a senior administration official said on Friday night. "It felt like good faith -- each side was making efforts to understand the other's political constraints, to feel each other's pain, to make accommodations where possible, on language and on policy."

While I’m inclined to believe that version, based on appearances, I realize that I’m a bit biased since I’m hearing this more from the administration’s perspective (I haven't had time to reach anybody in the Speaker's office directly). But put aside who really walked out on Friday and look at the big picture.

Nobody disputes that, except for the revenue part, the administration and Boehner had agreement over virtually everything else. And it was a deal that, like Obama’s previous offers, was strikingly tilted towards Republican priorities. Among the provisions Obama to which Obama had said yes, according to a senior administration official, were the following:

Medicare: Raising the eligibility age, imposing higher premiums for upper income beneficiaries, changing the cost-sharing structure, and shifting Medigap insurance in ways that would likely reduce first-dollar coverage. This was to generate about $250 billion in ten-year savings. This was virtually identical to what Boehner offered.

Medicaid: Significant reductions in the federal contribution along with changes in taxes on providers, resulting in lower spending that would likely curb eligibility or benefits. This was to yield about $110 billion in savings. Boehner had sought more: About $140 billion. But that’s the kind of gap ongoing negotiation could close.

Social Security: Changing the formula for calculating cost-of-living increases in order to reduce future payouts. The idea was to close the long-term solvency gap by one-third, although it likely would have taken more than just this one reform to produce enough savings for that.

Discretionary spending: A cut in discretionary spending equal to $1.2 trillion over ten years, some of them coming in fiscal year 2012. The remaining differences here, over the timing of such cuts, were tiny.

The two sides had also agreed upon a basic structure for the deal. The agreement was to specify the discretionary cuts and implement them right away. But the entitlement cuts and new revenue were to be in the form of instructions to Congress, leaving it committees and eventually each chamber to write the legislative language and enact the changes. To make sure Congress followed through, the agreement was to include a failsafe: If Congress failed to enact the changes and produce the necessary deficit reduction, then automatic reductions to Medicare and Medicaid as well as automatic tax increases (mainly, expiration of the Bush tax cuts for the wealthy) were to take effect.

The main difference, as both sides acknowledge, was over the size of the new revenue. They’d basically settled the basic principles of how to get the money: By closing loopholes, broadening the base, and lowering rates overall. Boehner had offered $800 billion, or roughly the equivalent of letting the upper income tax cuts expire. Obama had counter-offered $1.2 trillion. But even the $1.2 trillion Obama was seeking – and remember, this was a proposal over which the White House says it expected to keep negotiating – was still far less than the revenue either the Bowles-Simpson chairmen or the Senate’s Gang of Six, two bipartisan groups, had recommended. When this debate started, liberals like me were advocating a balance of spending reductions to new revenue of roughly one-to-one, which is what the Bipartisan Policy Center’s report by Pete Domenici and Alice Rivlin had recommended. But the president had been offering, right up through the end of these negotiations, plans that had ratios of roughly three-to-one or maybe worse.

The other key difference in the plans was over the specifics of that failsafe trigger: Boehner had asked it include repeal of two controversial elements of the Affordable Care Act, the requirement that everybody get insurance and the creation of the new board for adjusting Medicare payments. White House negotiators said they were taken aback, as it had never come up (at least at the staff level) before Thursday. They didn’t include that in their counter-proposal but, they said, they were willing to discuss other mechanisms.

Overall, the contents of this deal aren’t radically different from the one Obama and Boehner were discussing two weeks ago, the one that had conservatives like David Brooks understandably thrilled and liberals like Paul Krugman just as understandably aghast. (In a sense, it was "starving the beast" in the way conservatives have long imagined.) Now Republicans have walked away from that deal, twice. And keep in mind that even if Boehner had presented this deal, there's a very good chance he couldn't round up enough Republican votes to pass it.

It’s a striking contrast to the behavior of the Democrats, as Obama pointed out:

And I think that one of the questions that the Republican Party is going to have to ask itself is can they say yes to anything? Can they say yes to anything? I mean, keep in mind it’s the Republican Party that has said that the single most important thing facing our country is deficits and debts. We’ve now put forward a package that would significantly cut deficits and debt. It would be the biggest debt reduction package that we’ve seen in a very long time. ...

And to their credit, Nancy Pelosi, Harry Reid, the Democratic leadership, they sure did not like the plan that we are proposing to Boehner, but they were at least willing to engage in a conversation because they understood how important it is for us to actually solve this problem. And so far I have not seen the capacity of the House Republicans in particular to make those tough decisions.

It was a bit later he described himself as a “Democratic president,” as part of an aside to reporters:

I mean, I’ve gone out of my way to say that both parties have to make compromises. I think this whole episode has indicated the degree to which at least a Democratic President has been willing to make some tough compromises. So when you guys go out there and write your stories, this is not a situation where somehow this was the usual food fight between Democrats and Republicans. A lot of Democrats stepped up in ways that were not advantageous politically. So we’ve shown ourselves willing to do the tough stuff on an issue that Republicans ran on.

Obama has invoked that false storyline as much as any leader in recent times; if it's taken hold, he is partly to blame. But on Friday, he called it like it really is. 

Update: With some tweaks to my language at the beginning and end, for clarity and emphasis.

SHARE YOUR THOUGHTS

Show all 27 comments

You must be a subscriber to post comments. Subscribe today.

27 comments

I don't understand why, when Republicans are asked to raise taxes, they are insulted because they are being asked to betray their campaign promises, but their goal is to compel the President to betray his pledge to raise taxes on incomes over $250,000.00.

- Nusholtz

July 23, 2011 at 11:34am

You must be a subscriber to post comments. Subscribe today.

The public reaction to this debacle, however it may end, will be a test of the intelligence of the electorate. Will most people AT LAST see the Republicans for the nest of vipers that they are and turn against them? Or will they stupidly continue to believe Republican lies about the nation's finances and the Great Recession and vote even more of these GOP maniacs into office, including perhaps a Republican president? I tend to think there's no end to the stupidity and ignorance of the average American, but I hope to see evidence of an intellectual awakening after this whole deficit crisis plays out. If the deficit "negotiations" don't wake people up to the true nature of the Republican Party, I guess nothing will.

- DAVIDDREIER@EARTHLINK.NET-old

July 23, 2011 at 11:40am

You must be a subscriber to post comments. Subscribe today.

I'm way out of my depth trying to understand whether the deals Obama's being offering are truly regressive measures but" imposing higher premiums for upper income beneficiaries" sounds encouraging; all social programms should be means tested as a given. We have property taxes, water taxes, taxes on savings and other unknown new taxes to look forward to in January 2013 and like America we are also one of the lowest taxing countries in Europe trying to support one of the highest standards of living in Europe for a venal public service. From this perspective what the Randians are pulling is quite ridiculous. Can't you detain them as a threat to national security?

- IggyPop

July 23, 2011 at 12:29pm

You must be a subscriber to post comments. Subscribe today.

- Nusholtz, when a party can win or lose a primary on a few litmus tests over a generation we're bound to see that process of selection impact how they govern. They're insulted by art, entertainment and science when it challenges the faith they signed up for. Even if one debates which party is more bound to absolutes, Republicans won't allow the non-dogmatic to run for swine inspector and that is odd. The GOP includes-out critical thinking as a rite of passage. We're seeing the fully evolved purist.

- michaelg

July 23, 2011 at 12:47pm

You must be a subscriber to post comments. Subscribe today.

Uh, michaelg--Ron Paul? But really, both parties are the problem. They have too much power due to gerrymandering, rigged primaries, and other structural problems that might be fixed. Obama has been manipulated into a position from which to save us from default he must call on extraordinary presidential powers which may be legal under the 14th Amendment (that's national security Iggy), but maybe not. It's a perfect fit for the secret Muslim African Socialist plot to destroy America meme that the Republican nominee in 2012 is hoping to use. It's been mooted that we've gone to war more than once to protect the supply of oil. Shouldn't the same standard of vital national interest include our supply of money? The smell of treason is in the air.

- Robert Powell

July 23, 2011 at 1:27pm

You must be a subscriber to post comments. Subscribe today.

"It's been mooted that we've gone to war more than once to protect the supply of oil. Shouldn't the same standard of vital national interest include our supply of money? The smell of treason is in the air." Exactly right. I'd take that to it's logical conclusion and have a public banking system run by CENTCOM! And keep the mentally ill away from it. The Republican party isn't even a political movement anymore, it's care-in-the-community. These people need to be sectioned before they do harm to other people or themselves. You must despair Robert at the state of the once great Republican party?

- IggyPop

July 23, 2011 at 3:35pm

You must be a subscriber to post comments. Subscribe today.

Love the fact that he can actually speak off script! I mean, I was in no way happy with the weak plan, but still, can anyone picture Bush Jr. speaking extemporaneously like that?

- khellaf

July 23, 2011 at 6:09pm

You must be a subscriber to post comments. Subscribe today.

Long a Democrat, later a Republican, I renewed an old TNR subscription prior to the 2008 election, basically as a check on my own mindsets, and because I liked the quality of the dialogue among the commenters. Never subscribed to one of the "conservative" publications. Probably won't renew my subscription when it comes up later this year. Why? Too much of the dialogue is too partisan. Fear not, I won't be opening subscriptions on the other "side" either. Same problem. The view of this septuagenarian: The fundamental issue is what long term % of GDP can be devoted to government. Relatively recent history: usually around 20%. I see the Ds wanting to make the current, crisis-driven, 25% permanent. I see the Rs wanting to go back to 20% or less. Should there be room to compromise? Of course. Does the liberal "caucus" of the Ds want to compromise? No. Does the conservative "caucus" of the Rs want to compromise? No. With apologies for a a clearly bad analogy, the politics smells to me like the long lead-up to the Civil War. The two "wings" don't want to compromise; each has power in their own party, and each wing prefers a fight to try to prevail. How sad. My view of the immediate debt limit issue: Boehner would like to work a deal, but can't bring along enough of his firebrands elected in 2010. Obama would like to work a deal, but faces opposition from his firebrands elected in 2006 and 2008. The likely result: another unnecessary financial panic that will reduce the assets of them that has them. The losers: partly them that has the assets; mainly, them that has no assets left to lose and needs tax revenue from those better off. Again, how sad.

- lsernoff

July 23, 2011 at 11:20pm

You must be a subscriber to post comments. Subscribe today.

I despair at the state of BOTH parties Iggy. Isernoff has it about right IMHO. There are ways to fix the problem, though. Here's some good ones: http://www.theatlantic.com/magazine/archive/1969/12/how-to-turn-republicans-and-democrats-into-americans/8521/ Don't eat the link.........

- Robert Powell

July 24, 2011 at 3:13am

You must be a subscriber to post comments. Subscribe today.

lsernoff, who are the Democratic firebrands elected in 06 and 08 who are still in the House and who have that kind of leverage with the administration? I honestly don't see them, and it's difficult to know what kind of firebrands they would have to be to balance out the craziness that's infected the GOP, including in the Senate. In any normal political world, for example, Elizabeth Warren would have been confirmed to run the new consumer protection agency by votes from both parties as a competent and imaginative appointee who would serve the public good to the best of her ability. The treatment she received from Republicans was nothing short of astonishing (especially given that she has no political past baggage and her original appointment to review the TARP spending was uncontroversial). I know of no equivalent example on the Dem side. To that extent, I find the "middle point between the parties" a useless construction these days, as nihilism can't function as the location from which another point can be measured.

- ironyroad

July 24, 2011 at 6:52am

You must be a subscriber to post comments. Subscribe today.

Spot-on Irony. Though I don't think anyone here would claim the Dems are without fault, how can an objective observer conclude that the liberal caucus is not willing to compromise? They have been willing to support a cuts-to-revenue ratio that they think is unfair and unnecessary, but ask that the repubs in turn agree to at least some revenue enhancement. The conservative caucus says no. Dhurtado

- NR143296

July 24, 2011 at 9:22am

You must be a subscriber to post comments. Subscribe today.

RP- If this comes down to a constitutional show-down, I think the American people will be driven toward Obama's side. They will be abel to see that Obama has been bidding against himself and angering his own base in order to reach compromise, and that the conservative caucus has been spitting in his face. Dhurtado

- NR143296

July 24, 2011 at 9:26am

You must be a subscriber to post comments. Subscribe today.

Republicans don't really want a balanced budget amendment, or if they do, they didn't want one until the Democrats got control, which means that they wouldn't want one if they got control again. Bush started his presidency with Cheney's advice that "Reagan proved deficits don't matter," and then went on to double the national debt. Where was the urge to balance the budget then? Spending money on your constituency is a prerogative of political power. With 40% share of the vote, there isn't enough money to satisfy a large enough constituency, so you have to run up the debt to stay in power. The insistence on cutting both spending and taxes is only a cover for seeking a shift in power.

- Nusholtz

July 24, 2011 at 10:35am

You must be a subscriber to post comments. Subscribe today.

Right, Obama has actually been - one could use the word betraying - his base - in order to try and compromise with the Republicans. Isernoff's comments are well-taken, about the percentage of government spending - but - taking that percentage out of the hides of people who already have so little is morally disgusting. It's time to face facts: powerful corporate interests run this country. And, we've lost our moral compass. Average people are beginning to fall into poverty. Unemployment is backbreaking. States are attacking unions, poor people and women. Our schools aren't doing well, there's no real support for the arts. Meanwhile concern for the fetus is heartrending. And - reducing the cost of living increases to old and disabled people? Why? You're talking about taking money away from people who are already near or below the poverty line. Has anybody tried to live independently on, say, $14K a year? Especially if you're old, sick, disabled, so by definition have pretty serious medical expenses? So then they want to reduce Medicare and Medicaid too? It's one thing to means test - fine, if an old, sick or disabled person is RICH, let him pay more. Don't punish the rest of us, please. And: I want somebody, anybody, to launch a war profits investigation into Afghanistan, Iraq and the whole "security" thing, and also an exposure of oil industry profits - which tend to rise when wars drive prices up - thus subjecting the global economy to double whammies. The war has actually transferred how many public dollars to private pockets? In the form of these "security" companies, weapons manufacturers, private armies: isn't that using unnecessary and endless war as a way to steal? Apart from the dubious moral values of bombing people with drones, and the basic question also, of what exactly we've accomplished: FOLLOW THE MONEY, somebody, please???? CAPS DELIBERATE. Meanwhile, we've done basically nothing to stop disaster in Yemen, Somalia, Sudan?, and Iran is busy making bombs, Pakistan - omg. No - it isn't just the Republicans who are at fault here. It's the Democrats who've lost sight of obvious principles, meanwhile the Republicans are also, at the same time they're busy figuring out how to impoverish the poor, systematically attacking workers' rights and women's rights and attempting to impose their religious values on everybody else. All the while powerful private sector interests have taken PUBLIC money and lined their pockets. This isn't just about economics. So - Isernoff - please don't vanish - people of reason and good will need to stand together now.

- Sophia

July 24, 2011 at 12:36pm

You must be a subscriber to post comments. Subscribe today.

Dhurtado--you may be right, and I hope so. But in fairness to the truth, a lot of the Dems concessions have been pretty hard to nail down in specific terms, and the track record shows that the cuts down the road rarely show up while the revenue enhancements always do, and quickly. If they can make that case and continue to successfully cast Obama as a nice guy who's in hock to the special interests supporting Big Government, an overt power play from the White House fits their shaping of the debate for 2012. Nus--right. Isn't that a capsule definition of "politics"?

- Robert Powell

July 24, 2011 at 1:20pm

You must be a subscriber to post comments. Subscribe today.

Irony - first time since 48! http://www.rte.ie/sport/gaa/championship/2011/0724/limerick_dublin.html

- IggyPop

July 24, 2011 at 2:45pm

You must be a subscriber to post comments. Subscribe today.

A few more thoughts on what partisanship has done to us: Republicans were "always" skeptical about government, and Democrats were "always" skeptical about business. What they used to have in common was that their skepticism was "moderate". But moderates have a hard time getting nominated for office these days in either party. The idealogues have passion, money and determination. Those who aspire to public office have noticed. Michelle Bachman has noticed. So did Anthony Weiner, before his personal frailties did him in. We are in the time of the loudmouth. And since the two parties have labored for years to create safe districts, it has only gotten easier to stake one's career ambitions on being a loudmouth. Once upon a time, the hot first event in the presidential campaigns was the primary in New Hampshire. Then Jimmy Carter discovered Iowa. Nowadays the Iowa caucuses are the hot event. Does anyone think that the people who attend those caucuses are moderates? They are the hardest of the hard core of the parties' respective ideological bases. They get first dibs at who makes it to the finals. The Iowa centrists don't venture out into the freezing cold night. They are home on their couches watching professional sports or American Idol. The media are only too happy to pour gasoline on the fire. Remember David Broder? He was a moderate, as defined above. Once he was highly respected by his colleagues in the political media. Does anyone think he was still respected by his "colleagues" at the time of his death? They thought he was an antiquated schnook. R.I.P David. We may not see the likes of you again. I could move on to some of the great issues of the day, but why spoil everyone's fun.

- lsernoff

July 24, 2011 at 11:32pm

You must be a subscriber to post comments. Subscribe today.

iggy -- good stuff! lsernoff, there's no real comparison between Wiener and Bachmann. You're conflating punchy agressive partisanship -- nothing wrong with that -- with nihilistic Randian whimsy. Leaving aside the scandal for a minute, I don't recall Anthony Wiener suggesting, for example, that John McCain wouldn't be entitled to be president because his birth in the Canal Zone meant he's not really a native-born American citizen. I find it difficult to imagine fanatical supporters of Wiener trying to change the U.S. history entries in Wikipedia to fit in with some fantasy that he had just declared as truth. There is no active "left" equivalent to the current GOP malaise (Dennis Kucinich, really?) and thus arguments about moderation versus radicalism, although perfectly coherent, lack any connection to today's reality. Do you agree with me (at least in part) on the Warren example?

- ironyroad

July 25, 2011 at 5:29am

You must be a subscriber to post comments. Subscribe today.

With all due respect irony, Isernoff's point is much larger than a one-to-one comparison between Bachmann and Weiner. A lot of the opinions on the left look just as looney from the middle as those on the right. As for tactics, excesses like the Warren matter have come up from time to time, some combination of personal antipathy from a key Senator, the personality of the "victim" which might lend to embodying an issue, etc.

- Robert Powell

July 25, 2011 at 5:55am

You must be a subscriber to post comments. Subscribe today.

But RP, which "opinions on the left" do you mean? And do you mean "policy options" when you say "opinions"? If so, would they include consumer protection for financial products? A health care reform that prevents insurance companies denying people the coverage they need for particular medical conditions by using those conditions as a justification for refusing coverage? Clean air? Trying to regulate automatic weapons smuggling over the Mexican border? And clearly the "Warren matter" was not about tactics. That seems more than a little disingenuous, I have to say.

- ironyroad

July 25, 2011 at 11:57am

You must be a subscriber to post comments. Subscribe today.

By "tactics" I mean the usual give-and-take of Senatoral grandstanding on appointments, something that's been on display for some time now. If that doesn't fit the fault is my poor use of language rather than any intent to mislead. For "opinions on the left", just about any comments from Sophia which can be linked to Democrat talking points would suffice as an example. Consumer protection, like Homeland Security, is hard to oppose. On the other hand, gigantic, expensive, and intrusive bureaucracies put on steroids for the foreseeable future with the goal of preventing us from flying with more than four oz of shampoo, and to warn us that signing an interest-only $750,000 mortgage with adjustable rates on an annual income of 40 grand is probably a bad idea--no thank you very much. Healthcare reform is crucial, and we still don't have it. Making insurance companies take everybody looks like a sweet deal for them when in return they get the government forcing everyone to buy their products, with little guarantee of future costs. I'm for clean air, and selling automatic weapons to places that need a revolution.

- Robert Powell

July 25, 2011 at 1:22pm

You must be a subscriber to post comments. Subscribe today.

RP, when you said "opinions on the left" I thought -- and I believe you knew I thought, because my Kucinich reference was a giveaway -- that you meant opinions or policy ideas held by the Democrats in the WH, Senate, and House, as I was very clearly discussing opinions and policy ideas held by Republicans in the House and Senate (and somewhat more broadly in the swim of national politics). I was not talking about opinions expressed by you, me, or other individual commentators her on TNR who are not public representatives or holding public office.

- ironyroad

July 25, 2011 at 8:07pm

You must be a subscriber to post comments. Subscribe today.

I'm starting to feel like Michael Corleone --I can't get out. I think Robert Powell gets my point: Somewhere close to half of the House is comprised of hard liberals and hard conservatives. These people don't just disagree. They despise each other and find it anathema to think of voting for something the other guy wants. That makes it tough to get anything --even something that might be moderately positive done. We have had partisan politicians throughout our history, but outside of the public eye they used to share bourbon and branch water. I suspect that part of the problem is how hard it is now to get out of the public eye. I may have been too kind to the vast middle of the American public, apart from picking on their taste in TV. If 65% of the American public polls as wanting no increase in the debt limit, period, my guess is they think this affects only Wall Street and the uber-rich. They had the same instincts in the fall of 2008. They wuz wrong. Ironyroad: I don't agree with you on Warren. She is competent, honest and has built her reputation, long before the present financial crisis, as an expert on bankruptcy. She has always been a passionate advocate for the debtor. It isn't entirely bizarre for people who tend to view these issues from the perspective of the creditor to view her as lacking in "balance". The irony is that the substitute nominee is less competent and his record betrays no more interest in "balance" than does hers. In any event, this episode reflects a continuing, indeed growing, partisan rancor that dates back at least to the Bork nomination.

- lsernoff

July 25, 2011 at 8:35pm

You must be a subscriber to post comments. Subscribe today.

lsernoff, I get the impression you DO agree with me on Warren. Isn't it fairly acceptable for the head of a consumer protection agency to be "for" the relevant consumer within the bounds of the possible and the legal? Shouldn't someone applying to be head of, say, FEMA show a distinct interest in helping the victims of natural disasters? Isn't "balance" to do with opinion rather than knowledge or responsibility? Balance is not the middle point between information and ignorance -- when I grade student papers I don't 'balance' them out so that 25% get A's, 25% get B's and so on. There are somewhat more objective criteria. I also think there's no evidence that there are very many "hard liberals" in the House -- mainly because nobody can seem to tell me what "hard liberal" policy positions are and who the vast army behind them is. We've very recently seen Dems prepared to swallow some very tough medicine.

- ironyroad

July 26, 2011 at 9:23am

You must be a subscriber to post comments. Subscribe today.

I'm not interested in doing a research project on "hard left" remarks by political leaders irony, but I hope you'll trust that Isernoff speaks for many of us who have experienced the Pelosi-Reid Congress as one of the most aggressively partisan in recent memory, not always with reason and evidence on their side, and that this trend towards hyper-partisanship has been an accelerating one. Currently, assumptions based the idea that Democrats have been prepared to "swallow some very tough medicine" are hard to verify. Nothing has come down to us in writing from these negotiations, and the complaint seems to be not that the left is too hard but too soft--"negotiating with Jello". Lot's of vague assurances on long-term cuts, very specific on short-term revenue. And, for what it's worth, commenter's remarks here that are directly reflective of Democrat talking points should be taken into consideration, dog-whistling being what it is.

- Robert Powell

July 26, 2011 at 10:58am

You must be a subscriber to post comments. Subscribe today.

ironyroad: Apologies for a late response. I have the impression that neither one of us is a wingnut. That said, I must regretfully state that we are not fully in agreement on Warren. Of course, a nominee to run an agency must, at minimum, swear faithfully to enforce the laws that Congress has enacted. But modern government--despite the times we are in, I do not use those words as a pun--relies on cost-benefit analyses. As applied to the new consumer agency, would we want a leader who approaches such issues from the perspective that banks and other financial entities are all rapacious usurers and consumers are all innocents? Flip it around, would we want a leader whose approach is that financiers are paragons and that many of their customers are deadbeats, existing or forthcoming? Extreme examples? Certainly. The real world: If you want to get confirmed, your views had better be not too far off the middle. A few personal observations: I started my legal career at the Federal Trade Commission, one of the first federal consumer protection agencies, back in the mid-60s (I worked on the antitrust side of the agency). The agency was widely criticized at the time for wasting its consumer protection resources on endless litigation against individual pawnshops and their like who were ripping-off poor customers. Widely applauded reform switched attention to broad-based rule-making, predicated on informing consumers. The result: the educated, already informed, tend to read the information, the un-educated tend to ignore it. The pawnshops et al have continued to thrive. The reform regime, still more or less in place, was initiated under the Nixon administration. On the antitrust side of the FTC, reform eventually came as well. I spent my first three years as a lawyer enforcing the New Deal-era Robinson-Patman anti-price discrimination act, which, by the mid 60s, was widely-criticized as impeding consumers' access to retail price discounts. Happily, the Commission has long since stopped spending resources on R-P enforcement. Again, the reform began under the Nixon administration. As for merger law, reforms implemented by the late Bill Baxter, Reagan's first Assistant Attorney General in charge of the Justice Department's Antitrust Division, which shares enforcement responsibilities with the FTC, are mainly still in place, by consensus. You never know, for sure, which party leads on a useful reform. AT LAST, I return to Warren. Her history, on which her reputation is based, is entirely, and rather noisily, on the debtor's side of the ledger. That has rendered her un-confirmable in today's Senate. Surprise! Surprise! The replacement nominee, as I have noted previously, is a politician, not an expert, and has hitched his political wagon to the plaintiffs bar, a major financier of the Democratic party. No improvement, for sure. Part of the political problem is that the last, Pelosi-Reid-run, Congress created an agency notably lacking in the normal political restraints. Whomever is in political opposition is always wary of granting leadership of an administrative agency over which they have little control to a partisan. When FDR created the SEC, he named Joe Kennedy, of all people, as the agency's first head. Not a bad first chairman, though later a horrible ambassador to the UK. Finally, a comment on public service. In my career in the antitrust bar I never encountered a lazy public servant, and very few stoneheads, while I was in public service or when I transitioned to the other side of the bar. Most of the political appointees I encountered were dedicated to the tasks they had taken on and were conscious that they too would pass and wanted their stint in public service to be viewed as "responsible" after they left their positions. I think that was true generally. Today, taking a leadership position as a political leadership appointee is more likely to wreck a reputation than to enhance it. What a shame!

- lsernoff

July 27, 2011 at 9:24pm

You must be a subscriber to post comments. Subscribe today.

Thanks Isernoff. A great perspective.

- Robert Powell

July 28, 2011 at 12:55pm

You must be a subscriber to post comments. Subscribe today.

SHARE HIGHLIGHT

0 CHARACTERS SELECTED

TWEET THIS

POST TO TUMBLR

SHARE ON FACEBOOK

Close