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    <title>Talking Points Memo | Brian Beutler</title>
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    <id>http://talkingpointsmemo.com/author/brian_beutler/index.xml</id>
    <updated>2011-07-12T23:07:54Z</updated>
    
        <entry>
            <title>In Members-Only Fact Sheet, Pelosi Touts Improvements In Surveillance Law</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/in-members-only-fact-sheet-pelosi-touts-improvements-in-surveillance-law.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407968</id>
            <published>2013-06-19T16:11:11Z</published>
            <updated>2013-06-19T17:13:23Z</updated>
            <summary>In a members-only side-by-side obtained by TPM, Nancy Pelosi compares the justifications for and extent of President Bush&apos;s warrantless surveillance program; a temporary 2007 law called the Protect America Act, and the FISA Amendments Act of 2008, which made some of the PAA permanent, and serves as the current legal basis for some of the NSA&apos;s current operations.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>In the wake of recent NSA surveillance revelations, House Minority Leader Nancy Pelosi wants her members to be on the same page when they talk to the public about the underlying law, and Democrats' role in crafting it. But whatever concerns remain, she wants them to emphasize that Congress under her leadership improved the status quo ante by restraining President Bush's far-reaching surveillance program and providing a legal basis for NSA collection programs, including ones disclosed by NSA contractor Edward Snowden.</p>

<p>In a memo sent to her members Tuesday and obtained by TPM, Pelosi stresses the improvements to national security law made since the Bush administration. "Striking the right balance has been a long-standing priority for Democrats," the memo says. "In fact, Democrats insisted upon the protections in current law related to the government's collection of information pursuant to the Patriot Act and Foreign Intelligence Surveillance Act."</p>

<p>In a side-by-side chart accompanying the talking points, Pelosi compares the justifications for and extent of President Bush's warrantless surveillance program; a temporary 2007 law called the Protect America Act, and the FISA Amendments Act of 2008, which made some of the PAA permanent, and serves as the current legal basis for some of the NSA's current operations.</p>]]>
                <![CDATA[<p>"Congressional Democrats were able to include significant privacy and civil liberties protections that enhanced accountability, transparency and checks on government collection activities in the FISA Amendments Act of 2008," the memo says. </p>

<p>The improvements have not generally been significant enough for privacy and civil liberties advocates, though.</p>

<p>"There's no question that the FISA Amendments Act is better than a program of unconstitutional domestic surveillance based solely on executive authority," said Mark Rumold, a lawyer and privacy expert at the Electronic Frontier Foundation. "But is less illegal the standard we have to be resigned to? The answer, obviously, is no: the American public needs to be informed about how these authorities are implemented and how our rights are affected under these authorities. For example, we know that the FISC [Foreign Intelligence Surveillance Court] has held that surveillance conducted under the FISA Amendments Act has violated the Fourth Amendment. Yet there's been no discussion of that in any of the administration's public statements. Once the administration comes clean about its spying program, then the public can have an informed debate about the propriety of these laws and any appropriate reforms. Saying 'the FAA is better than unquestionably illegal' just isn't enough."<br />
 <br />
You can read the whole side-by-side chart below. </p>

<p  style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;">   <a title="View Chart On Surveillance Oversight Prepared By Nancy Pelosi For Democratic house Members on Scribd" href="http://www.scribd.com/doc/148767817/Chart-On-Surveillance-Oversight-Prepared-By-Nancy-Pelosi-For-Democratic-house-Members?secret_password=jnl6tyms3p9ymqq4tjq"  style="text-decoration: underline;" >Chart On Surveillance Oversight Prepared By Nancy Pelosi For Democratic house Members</a></p><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/148767817/content?start_page=1&view_mode=scroll&show_recommendations=true" data-auto-height="false" data-aspect-ratio="undefined" scrolling="no" id="doc_42230" width="100%" height="600" frameborder="0"></iframe>

<p><em>This article has been updated</em>.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Snowden Revelations Cast New Doubts On Intelligence Oversight Process</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/snowden-revelations-cast-new-doubts-on-intelligence-oversight-process.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407942</id>
            <published>2013-06-19T10:00:57Z</published>
            <updated>2013-06-19T16:27:28Z</updated>
            <summary>Even though intelligence committee members, along with the top four bipartisan legislative leaders leaders have much more detailed knowledge about all intelligence matters than most members, they too have differing accounts about the scope of recently revealed surveillance programs, the accuracy of the stories written about them, and even their own ability to conduct oversight of the NSA and the country&apos;s most secret surveillance activities. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Depending on which elected official you asked this week or last, the revelation that the NSA regularly collects U.S. phone records, and can easily access some private content like emails and chat transcripts from Internet companies, was either no big deal, an enormous shock to the conscience, or an "I told you so" moment.</p>

<p>For most members who don't serve on one of the secretive intelligence committees and aren't among the four highest ranking officials in Congress, the scope if not the existence of the programs came as a surprise. Those members weren't prohibited from receiving official briefings about classified collections programs. But even if they took unusual interest in the issue, they had to seek out information, without easy access to the subject-area knowledge required to decipher what they'd learned, or the authority to share it with their staffs or other elected officials. The administration didn't volunteer information, and these members' generally don't have aides with top-secret security clearances, let alone expertise in signals intelligence.</p>

<p>But even though intelligence committee members, along with the top four bipartisan legislative leaders, had much more detailed knowledge about all intelligence matters than most members, they too have differing accounts about the scope of these programs, the accuracy of the stories written about them, and even their own ability to conduct oversight of the NSA and the country's most secret surveillance activities. </p>]]>
                <![CDATA[<p>"We've learned from the past that there's a right way and a wrong way to give Congress the information we need to make decisions about our laws and policies, but I think we're still a work in progress when it comes to the level of transparency needed for meaningful exchange about ongoing activities," Sen. Jay Rockefeller (D-WV), who sits on and used to chair the Senate Intelligence Committee, told TPM last Thursday. "The Bush Administration launched programs without any legal authority at all and then would show just the Intelligence Committee chairs and vice chairs a few perfunctory flip-charts - which we weren't allowed to discuss even with each other -- just so they could later claim 'Congress was briefed.' That created a deep distrust, and for me some skepticism lingers. It took years of wrangling with the intelligence community to open briefings up to more Senators, and there is still a lot of resistance to sharing information more broadly and with the public. But the process works far better today than in the past. The FISA law we passed requires multiple regular reports from the agencies, so if we see irregularities or areas of concern, we can pursue those."</p>

<p>It's unusual for a member of the committee -- even one who's skeptical of the intelligence community's most controversial practices -- to critique the oversight process, even mildly. But reports and briefings are only as accurate and thorough as briefers are forthright and comprehensive -- a variable that has hampered oversight efforts for years, according to members, aides and former aides who spoke with TPM. Likewise the sometimes arbitrary and legally dubious restrictions on what senior congressional aides with top-secret clearance are given access to, and what and to whom elected officials are allowed to tell even each other, can hobble the legislative branch's efforts to understand what our spy agencies are really up to, let alone fulfill the government's statutory obligation to fully and currently inform the Congress.</p>

<p>Like all people with security clearances, members of the House and Senate intelligence committees are briefed about classified information in SCIFs -- Secure Compartmented Information Facilities. On Capitol Hill, they're "vaults," tucked away underground and closed to the press. According to multiple sources briefings are much more informal than typical oversight hearings, and quite often, because the information under discussion isn't typically blockbuster in nature, the only people who show up are the committee chairs and vice chairs.</p>

<p>What transpires in these facilities -- who briefs, how candid they are, how technical their information is, etc. -- determines whether members and their cleared staffers obtain accurate understandings of U.S. intelligence programs. That epistemological problem introduces a high degree of uncertainty at the outset of the oversight process, and compounds other problems, such as the fact that committee members only hear from self-interested actors, can't discuss what they've heard with outside experts or colleagues, and can't affect changes in law without buy-in from the committee chairs at the very least. </p>

<p>"Sometimes these briefings are a game of 20 questions," former Rep. Jane Harman (D-CA), who used to chair the House Permanent Select Committee on Intelligence, <a href=http://mobile.reuters.com/article/idUSBRE95C05220130613?irpc=932>told Reuters</a>. "If you don't ask exactly the right question, you don't get the answer."</p>

<p>On all issues, across Congress, members rely on staff for subject-area knowledge. Between politicking and fundraising and traveling, it's unrealistic to expect that every member has mastered all of the nuances of the issues their committees address. But most issues don't require top-secret clearance. And here, members of the committee run into problems. First, their lawyers or aides with clearance aren't typically techies, and their aides with technical expertise don't typically have clearance. So there's a skills mismatch. Imagine a scientific paper undergoing peer review by law professors.</p>

<p>The problem gets even bigger when staff is denied access, and manifests in different ways depending on whether or not the member serves on the committee or not. Senior aides to members of the intel committees have access to a great deal of the intelligence community's operations -- including, in theory, the sorts of collection programs revealed by Edward Snowden. But the executive branch can pressure Congress to exclude these aides, and because the executive branch controls the information, Congress often accedes. They do as a matter of course when the so-called Gang of Eight (the committee chairs and vice chairs, House and Senate Minority Leaders,  House Speaker and Senate Majority) are briefed on covert operations. </p>

<p>"The level of interest from members of Congress determines how robust the oversight is of the intelligence programs," said Mieke Eoyang, a former staffer on the House Permanent Select Committee on Intelligence who is now the director of national security at Third Way, the centrist think tank. "Members of Congress must ask the follow up questions, and insist on access to programs in order to conduct thorough oversight. The intelligence community may not anticipate what questions members would ask, nor do they have the same sensitivity to the public's concerns on privacy violations. If the few members of Congress who know don't ask the questions, no one will."</p>

<p>Members without regular access to classified information can't rely on staff at all when they're invited into special or all-member briefings. Which means they don't know what to ask, or even if the briefings are worth their time. </p>

<p>"I think the executive branch position that a member of Congress may look at classified information but a congressional staffer may not is wholly unpersuasive," said Lou Fisher, who is Scholar in Residence at the Constitution Project, and for four decades was an expert in separation of powers issues at the Library of Congress. "Obviously non-elected executive branch staffers read this type of information all the time. Members of Congress should tell the President: "'our staffers need to see these documents. So should ours.' Also, probably 95% or more of classified documents leak from the executive branch."</p>

<p>Moreover the committees' restrictive rules limit the extent to which their members and aides are allowed to communicate what they learn in meetings with members of other committees. Last week, in an extremely broad interpretation of those rules, the Senate Select Committee on Intelligence declared that a former senior aide could not even <a href=<a href="http://tpmdc.talkingpointsmemo.com/2013/06/senate-committee-silences-former-aide-who-attempted-to-criticize-congressional-intelligence-oversigh.php">discuss the oversight process in general terms with TPM</a>. This article is therefore based on separate research and interviews with other sources. </p>

<p>The access issue isn't just a run of the mill government turf war. It's an enduring source of confusion. We saw the consequences play out publicly in a little-noticed exchange at a House Judiciary Committee hearing last Thursday, when Rep. Jerrold Nadler (D-NY) interrogated FBI Director Robert Mueller about the steps the government must take between collecting metadata on telephone calls and wiretapping a person of interest. </p>

<p>"If you've gotten information from metadata and you as the result of that think that 'Gee, this phone number ... looks suspicious and we ought to actually get the contacts of that phone, do you need a new specific warrant?"</p>

<p>"You need at least a national security letter. All you have is a telephone number. You do not have subscriber information. So if you need the subscriber information you would have to get probably a national security letter to get that subscriber information. And then if you wanted to do more ... then you have to get a particularized order from the FISA court directed at that particular phone of that particular individual."</p>

<p>"We heard precisely the opposite at the briefing the other day. We heard precisely that you could get specific information from that telephone simply based on an analyst deciding that and that you didn't need a new warrant," Nadler said. "I asked the question both times and I think it's the same question."</p>

<p>Nadler is the top Democrat on the Judiciary subcommittee on the Constitution, Civil Rights and Civil Liberties. He is not on the intelligence committee. But he got brief access to the program at a classified all-member briefing earlier this week.</p>

<p>TPM first reached out to Nadler's staff seeking clarification about the discrepancy on Thursday evening. Over the weekend, other news outlets reported on the exchange prior to any clarification, suggesting Nadler had revealed the existence of a warrantless wiretapping program. As it turns out, the exchange was actually a real-life example of how misinformation can flourish when hearings are conducted in secret and staffers with issue expertise are forbidden from participating. </p>

<p>"I am pleased that the administration has reiterated that, as I have always believed, the NSA cannot listen to the content of Americans' phone calls without a specific warrant," Nadler said on Sunday, after the confusion had apparently been resolved.</p>

<p>This is a problem Senate intelligence committee Chair Dianne Feinstein (D-CA) addressed herself in a recent appearance on ABC News.</p>

<p>"We had an intelligence committee meeting on Thursday [June 6], which I opened up to everybody and 27 senators came," she said. " You know, we informed them that every senator, the material is available. They can come and see it. One of the strictures with how they classified stuff is no staff. I think that should be changed so that intelligence committee staff can come in with the member and go over and review the material."</p>

<p>At an October 2009 public hearing of the House Intelligence Subcommittee on Intelligence Community Management, Britt Snider, a former CIA inspector general, explained the pitfalls of Congressional subservience to the executive branch when it comes to the most sensitive intelligence issues.</p>

<p>"[I]n especially sensitive cases, the president has the option of providing notice of covert actions to a smaller group. It doesn't say what this group of -- this smaller group may do with the information that the executive branch has told them. In fact, it's told them they can't do anything with the information. And over the years, the gang of eight has acquiesced in what the executive branch has told them," he said. </p>

<blockquote>I think personally this has been a mistake because when -- what has happened, it has effectively marginalized congressional oversight. It's meant the eight congressional leaders can only react to what they hear, without the advice of their professional staffs, without the advice of knowledgeable colleagues.

<p>And I think this is difficult for them to do, coming at it cold, having it presented to them in the most benign way possible. If they decide they have a problem, they have to be able to articulate on the spot what that problem is in a convincing way.</p>

<p>If they later decide that they have a concern, then they have to take it upon themselves to go back and raise it with the administration. Again, they're going to have to rely on their own memory because they weren't allowed to take notes at the briefings and there is no record of the -- of what they were told that they have access to.</p>

<p>And so it's -- it's just -- very few, I think, congressional leaders are going to be willing or able to do this. But rest assured, if -- if whatever program they've been briefed about subsequently goes south, their buy-in will be touted by the administration very prominently.</p>

<p>I just simply don't think this is fair to the members involved.</blockquote></p>

<p>This can breed mistrust and uncertainty. Since Edward Snowden's disclosures appeared in The Guardian and the Washington Post, we've heard a variety of accounts both from members who were aware of the programs previously, and those who've learned about them in subsequent briefings. We've heard both that the programs aren't nearly as expansive as portrayed in the press and also that they're just "the tip of the iceberg."</p>

<p>In all likelihood that reflects substantive differences between members who want to rein in government surveillance and those who support current policies. But it also reflects the fact that members themselves don't necessarily know what they think they know.</p>

<p>"I have long argued that the intelligence community can, and should be, much more open about how they're working to keep Americans safe from terrorists and the lengths they go to for protection of civil liberties," Rockefeller told me. "I want them to use this recent turn of events as a chance to open up further."</p>

<p><em>This article has been updated</em>.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Senate Intel Committee Blocks Former Staffer From Talking To Press About Oversight Process</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/senate-committee-silences-former-aide-who-attempted-to-criticize-congressional-intelligence-oversigh.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407896</id>
            <published>2013-06-18T04:00:01Z</published>
            <updated>2013-06-18T10:04:51Z</updated>
            <summary>The Senate Intelligence Committee quashed a former aide&apos;s attempt to provide TPM with an unvarnished view of the oversight process. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>The Senate Select Committee on Intelligence has taken the unusual step of actively blocking a former committee aide from talking to TPM about congressional oversight of the intelligence community. At issue isn't classified sources and methods of intelligence gathering but general information about how the committee functions -- and how it should function. The committee's refusal to allow former general counsel Vicki Divoll to disclose unclassified information to a reporter was the first and only time it has sought to block her from making public comments, based on her experience as one of its most senior aides, since she left Capitol Hill in 2003.</p>

<p>The committee's decision comes amid fallout from leaks of classified National Security Agency documents by ex-NSA contractor Edward Snowden. In light of the Snowden revelations about the country's secret surveillance programs, TPM was reporting a story based on interviews with members of Congress and current and former aides about the successes and pitfalls of intelligence oversight on Capitol Hill. The goal was to answer some basic questions for readers: How does a classified process differ from public oversight? What challenges do the combination of government secrecy, classified briefings, and strict committee protocols present to legislators trying to control the nation's sprawling intelligence apparatus?</p>]]>
                <![CDATA[<p>Divoll served as a senior aide on the committee from 2000-2003, including two years as its general counsel. Before that, from 1995-2000 she was assistant general counsel for the Central Intelligence Agency, where she also served as deputy legal adviser to the agency's Counterterrorism Center. After leaving the Senate, Divoll was a fellow at the Harvard Institute of Politics and an adjunct professor at the Naval Academy. She has been regularly cited by reporters in news stories, penned op-eds on counterterrorism and civil liberties, and appeared on television. </p>

<p>The ground rules for the interview were that it would be conducted off the record, but only temporarily, to give Divoll an opportunity to review the accuracy of the quotes she provided, and that those would be placed back on the record.</p>

<p>While Divoll remains legally barred from disclosing classified information, she is also still subject to a non-disclosure agreement with the Senate Intelligence Committee that bars her from discussing committee-sensitive business. Out of an abundance of caution, Divoll also conferred with the committee on Friday about her interview with TPM. She anticipated that the committee would approve the interview, noting that in her post-government career, both the committee and the CIA had never done more than request minor tweaks when she brought them pieces of her writing for pre-publication review.</p>

<p>This, she believed, would be a similar process.</p>

<p>But for the first time in her career, the committee took the extraordinary step, on a bipartisan basis, of declaring the interview's entire contents a violation of her non-disclosure agreement and effectively forbade her from putting any of it on the record. </p>

<p>"The committee has reviewed your submission ... and objected to any publication of the information contained therein," she was told.</p>

<p>Specifically the committee claimed the information she provided TPM was both "out of date" and "committee sensitive."</p>

<p>Angered by the committee's decision, Divoll sought Friday to have it reversed. The committee declined. TPM agreed to honor her request that we leave her comments off the record.</p>

<p>The fact that the Committee is so sensitive about disclosing not only sensitive national security information, but also the nature by which elected officials are allowed to oversee the intelligence community, is a testament to the extreme levels of secrecy tied to the entire process.</p>

<p>In an interview Monday afternoon, an SSCI spokesman explained and defended the committee's decision.</p>

<p>"I would say that it is pretty uncommon that we would decline a pre-publication review," the spokesman said. "And the most direct reason is that most submissions that we get for review don't contain this kind of information."</p>

<p>That's a reference to "committee sensitive" information, as defined in the panel's official rules. Those rules spell out the kinds of disclosures that qualify as "committee sensitive" -- documents in the committee's possession and events that transpire in committee meetings -- but they also empower the chair and vice chair or their designees to declare documents and information "committee sensitive" as they see fit on a case-by-case basis.</p>

<p>Most of Divoll's statements to TPM, however, tracked closely with information gleaned from other sources, and the public record.</p>

<p>Among the insights Divoll shared with us was the important role that staff can and should play in oversight of the executive branch's intelligence activities.</p>

<p>Feinstein herself addressed this issue on June 9 in an appearance on ABC News.<br />
"We had an intelligence committee meeting on Thursday [June 6], which I opened up to everybody and 27 senators came. You know, we informed them that every senator, the material is available. They can come and see it. One of the strictures with how they classified stuff is no staff. I think that should be changed so that intelligence committee staff can come in with the member and go over and review the material."</p>

<p>Likewise, one of the committee's current members, and its former chairman, Sen. Jay Rockefeller (D-WV), provided TPM a statement on Thursday suggesting in broad strokes that the oversight process could be improved.</p>

<p>"We've learned from the past that there's a right way and a wrong way to give Congress the information we need to make decisions about our laws and policies, but I think we're still a work in progress when it comes to the level of transparency needed for meaningful exchange about ongoing activities," Rockefeller said. "The Bush Administration launched programs without any legal authority at all and then would show just the Intelligence Committee chairs and vice chairs a few perfunctory flip-charts - which we weren't allowed to discuss even with each other -- just so they could later claim 'Congress was briefed.' That created a deep distrust, and for me some skepticism lingers. It took years of wrangling with the intelligence community to open briefings up to more Senators, and there is still a lot of resistance to sharing information more broadly and with the public. But the process works far better today than in the past. The FISA law we passed requires multiple regular reports from the agencies, so if we see irregularities or areas of concern, we can pursue those."</p>

<p>Rockefeller's recollections and perspective are highly compatible with Divoll's as well.</p>

<p>The committee spokesman said Divoll could have modified her statements to TPM and resubmitted them to the committee.</p>

<p>"We have done that in other cases in the past," he said.</p>

<p>Reached Monday, though, Divoll insisted she was provided no opportunity for revision. "In the past if changes were necessary, those were requested," she said.</p>

<p>Our reporting yielded other, more specific details about the nature of intelligence oversight and intelligence committee legislating that we hope to share with you in a future article.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Snowden Makes Fresh &apos;Hacking&apos; Allegations In New Interview</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/fresh-hacking-allegations-from-snowden-in-new-interview.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407765</id>
            <published>2013-06-12T19:11:03Z</published>
            <updated>2013-06-12T19:12:14Z</updated>
            <summary>Hong Kong&apos;s South China Morning Post has published new stories with fresh material from its interview with NSA leaker Edward Snowden including allegations -- impossible to substantiate at this time -- that the NSA has hacked people in Hong Kong and in mainland China.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Hong Kong's <em>South China Morning Post</em> has published new stories with fresh material from its interview with NSA leaker Edward Snowden including allegations -- impossible to substantiate at this time -- that the <a href=http://www.scmp.com/news/hong-kong/article/1259490/washington-bullying-hong-kong-extradite-me-says-edward-snowden>NSA has hacked the computer networks of people in Hong Kong</a> and <a href=http://www.scmp.com/news/hong-kong/article/1259508/edward-snowden-us-government-has-been-hacking-hong-kong-and-china>in mainland China</a>.</p>]]>
                <![CDATA[<p>The paper reported that Snowden provided "unverified" documents to support the hacking allegations: </p>

<blockquote>Snowden claimed that overall, he believed there had been more than 61,000 NSA hacking operations globally, with hundreds of targets in Hong Kong and on the mainland.

<p>"We hack network backbones - like huge internet routers, basically - that give us access to the communications of hundreds of thousands of computers without having to hack every single one," he said.</blockquote></p>

<p>Snowden alleges that the United States is pressing Hong Kong to return him to the states quickly, because U.S. officials fear that Hong Kong will resist if it learns that, as he claims, the NSA has hacked hundreds of targets in China and Hong Kong. </p>

<p>By the same token, his claim also ought to be viewed in the light of his explicit goal of receiving asylum in Hong Kong or elsewhere.</p>

<p>"All I can do is rely on my training and hope that world governments will refuse to be bullied by the United States into persecuting people seeking political refuge," he said. </p>

<p>He also hinted, though did not claim explicitly that other governments may ultimately welcome him.</p>

<p>"Asked if he had been offered asylum by the Russian government, he said: 'My only comment is that I am glad there are governments that refuse to be intimidated by great power,'" the <em>Morning Post</em> reported.</p>

<p>The <em>Morning Post</em> has published a series of stories based on an interview conducted with Snowden "from a secret location in the city." The circumstances of that interview -- including where it was conducted and whether it was done in person -- are not clear from the stories.</p>

<p>Snowden claims he remains in Hong Kong, continues to fear for his safety, but <a href="http://livewire.talkingpointsmemo.com/entry/snowden-says-hes-in-hong-kong-will-stay">will remain on the island until asked to leave</a>. </p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Schumer: Cornyn Border Security Amendment A &apos;Non-Starter&apos; And We Are Not Negotiating With Him</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/schumer-cornyn-border-security-amendment-a-non-starter-and-we-are-not-negotiating-with-him.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407753</id>
            <published>2013-06-12T15:36:40Z</published>
            <updated>2013-06-12T15:36:42Z</updated>
            <summary>Democrats want it to be crystal clear they don&apos;t think Sen. John Cornyn (R-TX) is crucial to passing immigration reform, and aren&apos;t negotiating with him over his non-starter amendment to make a pathway to citizenship contingent upon establishing an unrealistic border security regime. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Democrats want it to be crystal clear. They don't think Sen. John Cornyn (R-TX) is crucial to passing immigration reform. So they aren't negotiating with him over his non-starter amendment to make a pathway to citizenship contingent upon establishing an unrealistic border security regime. </p>

<p>An article published by <a href="http://www.nationaljournal.com/congress/rubio-s-right-the-gang-is-far-from-a-supermajority-on-immigration-20130612">National Journal</a> quotes Cornyn claiming Democrats are "talking to me" about his amendment, which Senate Majority Leader Harry Reid (D-NV) has called a "poison pill," and suggesting it's an indication that they lack 60 votes to pass the broader bill. </p>

<p>But in unreported remarks Wednesday morning at a "Bibles, Badges and Business" event in downtown Washington, D.C., Sen. Chuck Schumer (D-NY), the leading Democratic immigration reform bill negotiator, implicitly disputed Cornyn's claim -- and a source close to Schumer, who provided the quote, says Cornyn's characterization is false. </p>]]>
                <![CDATA[<p>"We cannot accept the Cornyn amendment," Schumer said. "I've told John that already. The way it would change the triggers would jeopardize the path to citizenship. You should tell the people you're lobbying that that is not going to happen. There may be other amendments dealing with the border that we can accept but not that one."</p>

<p>The source close to Schumer adds, "Schumer likes Cornyn a lot personally, but he spent the first two years after President Obama's election in 2008 trying to work with Cornyn on an immigration reform bill. He's impossible to get to 'yes' on this issue." </p>

<p>On the Senate floor Monday night, Schumer told Cornyn "you know full well that [your amendment is] a deal killer," and that other Republicans are kicking around border security ideas that might ultimately be amenable to Democrats. But because Democrats don't consider Cornyn's vote gettable, there have been no staff- or member-level discussions since then.</p>

<p>Republican leaders have suggested strongly that Cornyn's amendment is critical, and may be the deciding factor for a number of GOP members. Cornyn himself has suggested that if his amendment fails, the bill will go down. </p>

<p>That has all the hallmarks of a tough public negotiating stance, but Schumer's remarks today suggest Dems think it's a bluff.</p>

<p>Cornyn's staff did not immediately respond to a request for comment.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>What Extradition Proceedings Against Ed Snowden Would Look Like -- And How The U.S. Might Get Around Them</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/what-extradition-proceedings-against-ed-snowden-would-look-like----and-how-the-us-might-get-around-t.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407734</id>
            <published>2013-06-12T02:30:34Z</published>
            <updated>2013-06-12T14:20:01Z</updated>
            <summary>If you&apos;re an espionage geek, you can take solace in the fact that Edward Snowden could be captured by cloak and dagger means, and such an outcome would be perfectly kosher under U.S. law. But there is also a much more straightforward diplomatic and legal process that could result in Snowden&apos;s extradition back to the U.S.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Much of the world is eyeing Hong Kong in anticipation of whatever happens to Edward Snowden -- public enemy number one to the U.S. intelligence community, accused of treason by a U.S. senator. </p>

<p>His story and his circumstances invite imaginations to run wild. Snowden himself has suggested his life might be in danger. If this were a spy thriller, the nature of his disclosures and the tradecraft that facilitated them, might be followed by a similar cloak-and-dagger operation to capture him and return him to the United States.</p>

<p>This isn't a movie, of course. But if you're an espionage geek, you can take solace in the fact that such an outcome is entirely possible and would be perfectly kosher under U.S. law. The likelier and less exciting reality, though, is that officials will undertake a more straightforward diplomatic and legal process that could result in Snowden's extradition back to the United States. </p>]]>
                <![CDATA[<p>Bruce Maloy, an attorney and law professor at Emory University, is an expert in U.S. extradition law. In a phone interview with TPM, he explained how the U.S. government, working in conjunction with officials in Hong Kong, would seek to have Snowden returned to his home country on a "by the books" basis -- and how they might seek to legally circumvent the traditional treaty process.</p>

<p>According to Maloy, the formal process begins with an arrest. </p>

<p>"The Hong Kong government would notify the government of the U.S. that he's in custody," Maloy said. "'We found the interpol notice, we arrested him per your request,'" they would inform officials here.</p>

<p>That would start the a 60-day clock, under the terms of the treaty, for the U.S. to prepare a formal extradition request. "If no extradition request has been received, the defendant is entitled to be released."</p>

<p>The extradition request is a physical document -- red wax, gold seal, blue ribbon.</p>

<p>"It is a formal request, generally it is an affidavit by a federal prosecutor, it says we have investigated Mr. Snowden, and a judge has issued a warrant for his arrest," Maloy told me. "Generally a copy of the treaty is attached, along with a copy of information like a passport photo to make sure that the person arrested in Hong Kong is the person the United States wants."</p>

<p>But that wouldn't be enough on its own to ensure that Hong Kong authorities arrest Snowden and put him on a plane back to America.</p>

<p>There's essentially a three-part test the U.S. government has to meet in order for a magistrate in Hong Kong to approve the U.S.'s request.</p>

<p>First, identity: Is this the person the U.S. wants?</p>

<p>Second, is there an extradition treaty between the two countries? </p>

<p>In a case like this, these first two questions would presumably be formalities -- there is an extradition treaty between the U.S. and Hong Kong, and assuming U.S. officials determine that Snowden has been truthful about what he's admitted, making sure he's the person the U.S. government wants would be very straightforward. </p>

<p>It's the third part of the test that can potentially complicate things. Because law has grown complex, Maloy says, it stopped making sense for treaties to be highly enumerated. "Modern treaties simply say extradition can be requested if the conduct is a crime in both countries punishable by more than one year in jail."</p>

<p>The U.S. and Hong Kong by contrast have a more old-fashioned treaty, which in addition to the one-year-in-prison standard, lists offenses that are extraditable. </p>

<p>For Snowden to be extradited, the U.S. would have to show that "the factual recitation in the extradition request ... describe[s] conduct that is either one of the enumerated offenses or one that violates both the laws of the United States and Hong Kong," Maloy explains.</p>

<p>If the request passes all three parts of the test, the extradition is a go, and in all likelihood Snowden would be returned home.</p>

<p>Assuming Snowden is still in Hong Kong, that's what former officials and experts on the island think will happen, <a href="http://www.nytimes.com/2013/06/11/world/asia/edward-snowden-hong-kong-extradition.html?pagewanted=all">according to the New York Times</a>. </p>

<blockquote>Hong Kong authorities have worked closely with law enforcement agencies in the United States for years and have usually accepted requests for extradition under longstanding bilateral agreements, according to Regina Ip, a former secretary of security who is now a member of the territory's legislature.

<p>"He won't find Hong Kong a safe harbor," Ms. Ip said. "Those agreements have been enforced for more than 10 years. If the U.S. submits a request, we would act in accordance with the law."</blockquote></p>

<p>But there are some caveats. And because there are caveats, there are ways countries including the U.S. can circumvent the process altogether.</p>

<p>First, there are political offense exceptions, under which requested countries -- in this case Hong Kong -- are not required to carry out the extradition. What constitutes a political offense is a bit subjective and there's an enormous amount of literature about it, but Maloy described some canonical examples. </p>

<p>"A number of the IRA members in the 1970s and 80s were able to avoid extradition from the U.S. back to Northern Ireland because they were able to demonstrate that their conduct amounted to a political offense," he said.</p>

<p>Likewise common crimes, such as destruction of property, if carried out with political motives can be deemed political offenses. On the other side of that coin, if a requesting country is pursuing a suspect for political reasons but accusing that person of a crime that isn't typically enforced -- an adultery law, say -- then the requested country can exercise its discretion and determine that it's not an appropriate offense under the treaty.</p>

<p>Moreover, all of these treaties include a catchall provision allowing the requested country to decline if the extradition is not in its own interest.</p>

<p>"Every sovereign country reserves the right to turn down the request, if it's deemed in the interest of the country," Maloy said.</p>

<p>These are both provocative exceptions in Snowden's case. Whether anyone officially accepts it or not, an argument that he's wanted for a political offense writes itself. And due to the enormous publicity and the sensitivity of the relationship between the U.S. and China, it's possible to imagine that Hong Kong (or Beijing) determine that Snowden is just too hot right now.</p>

<p>Some experts on U.S.-Sino relations speculate that the question of what happens to Snowden will ultimately run through Beijing precisely for this reason. Former CIA officer Paul Pillar, who wants the U.S. to throw the book at Snowden, says the U.S. should be willing to call in favors to get Snowden returned, if that's what it takes. </p>

<p>"If it requires using any of our chits with the Chinese on extradition matters... I think we should," Pillar told me. </p>

<p>Even if that doesn't work, though, Snowden will either be stuck in Hong Kong for some time (if he leaves Hong Kong, he'll be flagged by Interpol and the process will begin anew;  if Hong Kong were to send him elsewhere to avoid extradition proceedings it would be a diplomatic affront to the U.S.) or he'll be rendered via less orthodox measures. </p>

<p>Specifically, he could be expelled, he could be kidnapped, or he could be lured into custody via some sort of trickery. Any of these steps could land him back in the U.S. -- all are legal.</p>

<p>The Supreme Court settled the kidnapping issue in the 1992 case of the <em>U.S. vs. Humberto</em> Alvarez Machain -- a Mexican physician whom the U.S. believed took medical steps to keep a captured, undercover DEA agent alive after he was identified, captured, tortured, and eventually killed.</p>

<p>In response, the DEA hired Mexicans to kidnap Machain and deliver him to the United States. </p>

<p>The Mexican government was outraged when they learned of the DEA's actions. "Those individuals remain in the Witness Protection Program to this day," Maloy says. The irony is that after the Supreme Court determined he could be tried for his crimes, Machain himself ultimately went free when a judge ruled there wasn't enough evidence to hold him and found him not guilty. </p>

<p>Maloy says for legal purposes there's no real distinction between what DEA did, and what the Obama administration attempted when it sent a SEAL team in to Pakistan to apprehend Osama bin Laden.</p>

<p>But it's extraordinarily unlikely that the U.S. will undertake this approach.</p>

<p>"The U.S. is not going to go and take this guy as a matter of realpolitik ... especially if he's been granted asylum," said Ashley Deeks, a University of Virginia law professor and former State Department adviser on matters of extradition. "The U.S. probably wants to do this right because it doesn't want to litigate more issues in court than it has to."</p>

<p>Less obtrusively, the U.S. government could ask the government of Hong Kong not to renew his visa and put him on a plane back to the U.S. It could also revoke Snowden's passport, and ask Hong Kong to hand him over -- a process called "deportation or expulsion," <a href="http://www.lawfareblog.com/2013/06/safe-havens-for-snowden/">according to Deeks</a>. </p>

<p>More elaborately, an agent of the U.S. government could lure him deceptively on to a plane or boat that ultimately changes course toward U.S. shores.</p>

<p>The broader point, though, is the U.S. has no shortage of options. And even if he manages to avoid capture for the immediate future, he won't be able to rest easy unless the Department of Justice seeks to have a warrant for his arrest dismissed by ministerial action, a U.S. president takes the unusual step of pardoning him, or a country grants him asylum.</p>

<p>For that to happen, according to Jason Dzubow, an asylum attorney in Washington, D.C., "he would need to show he has a well founded fear of persecution based on one of the five protected grounds: race, religion, nationality, political opinion, and particular social group" -- the latter is a catchall term intended to encompass communities that don't fall under the former four.</p>

<p>That'll be tough for him, Dzubow suspects. "He'll have to show he'd face persecution, as opposed to prosecution, in the United States.... Just going to prison wouldn't qualify."</p>

<p>Snowden's public statements suggest he believes he faces more than just straightforward legal proceedings in the U.S. -- but that's not enough either. </p>

<p>"There's an objective aspect to that and the subjective aspect. The subject aspect is just to have him say "I feel fear," to testify that he fears going back to his country," Dzubow told me in a telephone interview Monday. But he'd also likely have to make the case that he'd face unusual treatment.</p>

<p>"If he was going to make an argument that he was going to face extended solitary confinement," for instance, he could argue that he faced persecution within the normal judicial channels. "I just think it's going to be hard to objectively make that argument about the U.S. prison system," Dzubow said.</p>

<p>Snowden's least bad option, then, might just be to hold out as long as he can and cross his fingers. </p>

<p>"There's no double jeopardy in extradition," Maloy warns. "So if the U.S. sent over an extradition request to Hong Kong and the judge found some defect in it ... and said, 'I'm dismissing this request as not meeting the treaty standards,' there's nothing stopping the U.S. from sending a second request or a third request until they send one that's satisfactory to Hong Kong."</p>

<p><i>This post has been updated to clarify the definition of "deportation or expulsion."</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>How Did Ed Snowden Have Access To So Much Classified Info?</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/it-really-looks-like-snowden-knew-and-had-access-to-more-than-he-should-have.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407724</id>
            <published>2013-06-11T15:55:20Z</published>
            <updated>2013-06-11T23:13:28Z</updated>
            <summary>Even if Edward Snowden exaggerated or lied about how far porous the system is, the nature of a counterintelligence investigation to determine both the extent of his knowledge and access, and, more tellingly, why he had access to some of the things he actually leaked, suggests he genuinely had more visibility than his clearance entailed.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Of all the questions Edward Snowden raised by leaking reams of classified materials to the Washington Post and The Guardian newspapers, why and how a person with his experience and responsibilities had access to what <i>appears</i> to be an enormous array of classified information are two of the biggest.</p>

<p>Snowden <a href="http://www.guardian.co.uk/world/video/2013/jun/09/nsa-whistleblower-edward-snowden-interview-video">famously claims</a> that in his technical roles at NSA, he had access to the intelligence community's most tightly held secrets -- "full access to the rosters of everyone working at the NSA, the entire intelligence community, and undercover assets all around the world, the locations of every station we have, what their missions are and so forth" -- in addition to the power to shut down powerful collections systems over the course of several hours. </p>

<p>Snowden also claimed to be able to wiretap virtually anyone. "I, sitting at my desk, certainly had the authorities to wiretap anyone from you or your accountant to a federal judge to even the president if I had a personal email," he told the Guardian.</p>

<p>A former top lawyer at the NSA and CIA dismissed Snowden's claim as a "complete and utter" falsehood. "First of all it's illegal," Robert Deitz told the <a href="http://www.latimes.com/news/nationworld/nation/la-na-spy-access-20130611,0,171405.story">Los Angeles Times</a>. "There is enormous oversight. They have keystroke auditing. There are, from time to time, cases in which some analyst is [angry] at his ex-wife and looks at the wrong thing and he is caught and fired," he said.</p>

<p>But even if he exaggerated or lied about how porous the system is, the nature of the counterintelligence investigation to determine both the extent of his knowledge and access, and, more tellingly, why he had access to some of the things he actually leaked, suggests he genuinely had more visibility than his clearance entitled him to have.</p>]]>
                <![CDATA[<p>According to the <a href="http://www.washingtonpost.com/world/national-security/investigators-looking-at-how-snowden-gained-access-at-nsa/2013/06/10/83b4841a-d209-11e2-8cbe-1bcbee06f8f8_story.html?hpid=z1">Post</a>, investigators are "working with the NSA and others around the intelligence community to understand exactly what information this individual had access to, and how that individual was able to take that information outside the community."</p>

<p>Former NSA inspector general Joel Brenner told the Post the investigation should center on why Snowden had, in his words, "access to such a startling range of information." </p>

<p>The nature of the information that has been disclosed in the press thus far points to the conclusion that Snowden leaked both materials an NSA system administrator might understandably have access to, and materials that should only have been available to handfuls of high-ranking agency officials.</p>

<p>"What was disclosed was not particular collection operations in detail, but more the kind of authorizing documents, and in one case a briefing ... describing in more general terms what the nature of the collection program was," former intelligence officer Paul Pillar told TPM. "It doesn't surprise me that someone who was supposed to be providing technical contract expertise [had access] to that kind of program."</p>

<p>In other words, as far as we know, based on what's been published, Snowden had visibility into the existence of programs and the legal authorizations for them, but not the data and metadata those programs are designed to collect.</p>

<p>But that doesn't account for two different facts. First, Snowden and reporters at both The Guardian and The Washington Post claim he leaked significantly more than what's been disclosed, and much of it will remain unpublished because it is simply too sensitive. Second, one of the documents he leaked -- a secret court order renewing the NSA's authority to collect huge amounts of phone company metadata -- probably isn't intended to be available to tech guys like Snowden.</p>

<p>A former NSA official told the Post that "maybe 30 or maybe 40" people at the entire agency should have had access to that document.</p>

<p>But it's possible that the intelligence community itself, which has erected strong incentives against allowing security failures and imposes huge penalties again leakers, grew too sanguine about the likelihood of a major leak, and thus allowed compartmenting walls to crumble. </p>

<p>"Companies like Booz [Allen Hamilton] know damn well, and that's why it's one of the biggest embarrassment's in the company's history, that they have to maintain secrecy for their government clients," Pillar said.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Economy Adds 175,000 Jobs In May</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/economy-adds-175000-jobs-in-may.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407608</id>
            <published>2013-06-07T12:59:20Z</published>
            <updated>2013-06-07T13:10:02Z</updated>
            <summary>The U.S. economy added 175,000 jobs in May, according to an initial Bureau of Labor Statistics report issued Friday morning, exceeding analyst expectations and suggesting the economic recovery, with the support of the Federal Reserve, is enduring despite the contractionary effects of sequestration and higher taxes that took effect earlier this year.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>The U.S. economy added 175,000 jobs in May, according to an initial Bureau of Labor Statistics report issued Friday morning, exceeding analyst expectations and suggesting the economic recovery, with the support of the Federal Reserve, is enduring despite the contractionary effects of sequestration and higher taxes that took effect earlier this year.</p>

<p>The latest data suggest a steadily improving employment situation, though don't bear any signs of accelerating growth.</p>

<p>The unemployment rate increased imperceptibly, from 7.5 to 7.6 percent, but that's notably not a reflection of inadequate job-creation, which on its own can sustain the current unemployment rate with fewer than 100,000 new payrolls a month. </p>

<p>Instead, the uptick is due to a welcome increase in the size of the labor force.</p>]]>
                <![CDATA[<p>The internal figures in the May report are fairly impressive as well, with temporary jobs and retail jobs and health care and service sector employment accounting for a significant fraction of the overall job growth.</p>

<p>However, the report notes that industries and trades like manufacturing and construction (which is an indicator for the health of the housing sector) showed little or no change over the past month.</p>

<p>The most alarming news comes out of the public sector, which continues to be a drag on growth. Overall, government shed 3,000 jobs in May. However, this month the source of the drag came not from state and local job losses, but from the federal workforce, which shed 14,000 jobs, only 3,800 of which were "expected" postal service job losses. The rest of the federal government shed 9,400 jobs -- perhaps the first major indicator of the direct consequences of sequestration in a jobs report.</p>

<p>Local governments picked up the slack, adding 13,000 jobs in May, while state governments dropped 2,000 employees.</p>

<p>Taken together, though, the report indicates a very status quo labor market.</p>

<p>Even the revisions, which are subject to much less statistical uncertainty, hardly changed. March figures bounced up from 138,000 to 142,000, after an awful initial showing of 88,000; April figures dipped a bit more significantly from an initial count of 165,000 to 149,000.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>The End Of Austerity-Mania On Capitol Hill?</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/the-end-of-austerity-mania-on-capitol-hill.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407570</id>
            <published>2013-06-06T19:33:48Z</published>
            <updated>2013-06-06T19:34:18Z</updated>
            <summary>Democrats&apos; challenge is to amplify the fact that austerity has been discredited, so that when the budget debate inevitably resumes this summer ahead of debt limit and government funding fights, the public is prepared to question GOP resistance. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Congress, the White House, and maybe even the country at large have come a long way since House Minority Leader Nancy Pelosi (D-CA) -- of all people -- told reporters, "It's clear we must enter an era of austerity. To reduce the deficit through shared sacrifice."</p>

<p>That was July 2011, days before she, other congressional leaders, and President Obama struck a debt limit deal to cut $2 trillion in federal spending over 10 years. It was perhaps Democrats' darkest moment since Obama was first elected in 2008. But it was ironically consistent with Obama's broader goals: $4 trillion in total deficit reduction, split roughly two parts to one between spending cuts and higher taxes.</p>

<p>A lot's changed since then. The economy has slowly but steadily improved over the past two years -- enough that the country re-elected Obama. With that victory under his belt he was able to pocket a decent chunk of the revenue he'd hoped to raise by allowing the Bush tax cuts for top earners to expire. These developments combined to send the deficit into a rapid tumble.</p>

<p>But that's when the real wrangling in Congress over dollars spent and dollars collected stopped dead in its tracks. Republicans turned off the revenue spigot; Democrats refused to cut more spending absent further tax increases on wealthy Americans; sequestration was passively allowed to take effect; and the budget took a backseat on Capitol Hill to issues like immigration reform, gun control and investigations of the Obama administration.</p>

<p>So for the last several months, Democrats have been grappling with two challenges, at times at odds with one another: Dragging Republicans back into the budget fight; and attempting to resume that fight absent a false consensus that the final piece of the budget deal is only possible if it includes immediate and austere spending cuts and no revenue. </p>

<p>During that time, they've received two gifts -- one academic, and one all-too real -- that deeply damaged the intellectual foundations for the austerity movement. </p>

<p>Several weeks ago, economists discovered that a wildly influential paper by Harvard scholars Ken Rogoff and Carmen Reinhart, which implied U.S. debt might be approaching an economically perilous tipping point, contained critical errors. Indeed, it's likely that no such tipping point exists. At the same time, austerity policies in Europe continued (and still continue) to prove economically disastrous.</p>

<p>None of this has increased Democrats' appetite for <em>stimulus</em>. But at last it has them publicly questioning the wisdom of belt-tightening in general, and indiscriminate spending cuts in particular, during a fragile recovery.</p>

<p>Their challenge now is to amplify the fact that their broad approach (if not its particulars) has been vindicated, so that when the budget debate inevitably resumes this summer ahead of debt limit and government funding fights, the public is prepared to question GOP resistance. </p>]]>
                <![CDATA[<p>"If you're asking whether there's a recognition [among Republicans] that austerity policy is bad for the economy -- no," Rep. Chris Van Hollen (D-MD), the Dems top budget guy, told me in a phone interview Tuesday. "They don't. They are still wedded to this idea that very deep cuts, very deep immediate cuts is actually good for the economy even though all you have to do is look to Europe to know that the opposite is true."</p>

<p>"[W]e've made significant progress recently when it comes to our short and medium-term deficits," said Senate Budget Committee Chairman Patty Murray at a hearing this week dedicated to questioning the wisdom of austerity. "And now the focus should be on creating jobs, preserving our fragile recovery, long-term deficit reduction, and setting the conditions for economic growth built from the middle out."</p>

<p>Republicans are sticking to a path of least resistance, declining to confront the fact that their position -- that sequestration is preferable to a more gradual mix of spending cuts and higher taxes -- has been called into question, and pushing off legislative debate in hopes of conflating the budget and debt limit fights. </p>

<p>Democrats are preparing for that fight by undermining the Republican strategy going in. </p>

<p>"What we can do with all this new information is make the case that we want to replace sequestration," said a senior Senate Democratic aide. "[W]e're connecting sequestration to austerity [to] reduce the case they've made for cutting spending in the short term."</p>

<p>To that end, Democrats ironically take comfort in the fact that Republicans are holding a hard line on annual spending for the coming fiscal year. The GOP position is that spending must not exceed sequestration levels, but that money should be funneled from already-struggling domestic program into security spending. Democrats -- up to and including President Obama -- insist that they'll oppose attempts to plus up GOP spending priorities at the expense of the rest of the government functions. But they're happy to entertain the notion of restoring spending to the Pentagon and other agencies... if domestic programs get the same treat. </p>

<p>They'll have to relent on austerity altogether, the aide said, "If they want to have their priorities especially on the defense side protected."</p>

<p>Van Hollen still says that's how things are likely to play out. </p>

<p>"Republicans are going to have to decide if they want these deep cuts to defense to take place," he said. "I think you're going to see more attention to this in the coming months for a couple reasons: Just a couple days ago, over 600,000 civilian defense furlough notices went out.  Just last week ... the superintendent of schools at Ft. Bragg announced that teachers for the schools on base are going to be furloughed for five days this fall. These are the kids of servicemen and women who are putting their lives at risk in service of the country are going to have kids out of school for five days this fall because of the sequester.... [S]o they're just beginning to see the impact of the sequester."</p>

<p>If they're right, the question is whether lawmakers will return to negotiations over a deficit-reducing "grand bargain" or turn to more modest measures.</p>

<p>The Center for American Progress, an influential, White House-aligned think tank, says Democrats ought to <a href="http://tpmdc.talkingpointsmemo.com/2013/06/white-house-aligned-think-tank-throws-in-the-towel-on-budget-grand-bargain.php">avoid getting snookered</a> into deficit negotiations all over again, unless Republicans abruptly moderate their demands.</p>

<p>"We think that we've learned that the last three years have shown if nothing else that there's no way to get a big deal right now," said Michael Linden, managing director for economic policy at CAP, at a reporter roundtable Thursday morning. "Republicans just simply aren't -- Republicans in Congress I should say -- don't seem willing to make the compromises necessary to achieve a large deal.... To that end we think that we should keep it small, keep it manageable."</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>White House-Aligned Think Tank Throws In The Towel On Budget &apos;Grand Bargain&apos;</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/white-house-aligned-think-tank-throws-in-the-towel-on-budget-grand-bargain.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407581</id>
            <published>2013-06-06T14:43:29Z</published>
            <updated>2013-06-06T14:43:58Z</updated>
            <summary>After years of tacitly supporting President Obama&apos;s elusive quest for a &quot;grand bargain&quot; with Republicans to reduce 10-year deficits, the liberal Center for American Progress -- a White House-aligned think tank -- thinks it&apos;s time for the administration to give up the ghost.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>After years of tacitly supporting President Obama's elusive quest for a "grand bargain" with Republicans to reduce 10-year deficits, the liberal Center for American Progress -- a White House-aligned think tank -- thinks it's time for the administration to give up the ghost.</p>

<p>To that end, they've released a new report encouraging law and policy makers to update their thinking about the relative imperatives of immediate job creation, and near- and longer-term deficit reduction; and to pursue a short-term strategy of investment and partially paying down sequestration.</p>

<p>"We think that we've learned that the last three years have shown if nothing else that there's no way to get a big deal right now," said Michael Linden, managing director for economic policy at CAP, at a reporter roundtable Thursday morning. "Republicans just simply aren't -- Republicans in Congress I should say -- don't seem willing to make the compromises necessary to achieve a large deal.... To that end we think that we should keep it small, keep it manageable. So we offer a plan that would replace the sequester for three years."</p>]]>
                <![CDATA[<p>Taking into account recent official data showing that the deficit has fallen precipitously, CAP calls for a mini-bargain, which would include both near-term spending on early childhood education, infrastructure, employment incentives and job training; and modest spending cuts and new tax revenues to pay down sequestration for three years. Crucially, CAP also calls for using revenues from January's fiscal cliff deal to reduce the overall magnitude of sequestration by over 50 percent as well.</p>

<p>Beyond the particulars, the report reflects a recognition by the liberal establishment that the White House and congressional Democrats have undertaken a flawed approach to achieving medium-term deficit reduction, and ought to abandon their strategy of horse trading tax increases for entitlement cuts with Republicans. Obama's most recent budget offer included a significant Social Security benefit cut. Republicans rejected it, suggesting they'd only be satisfied with more draconian cuts, but have refused to identify those cuts themselves.</p>

<p>Since then Obama's efforts to create a working group of Democrats and Republicans to round out the "grand bargain," and Democratic efforts to see the congressional budget process to conclusion, have fizzled. </p>

<p>"The pursuit of the grand bargain itself has had negative consequences," Linden said.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Did Reid Break His Word To McConnell About The Nuclear Option?</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/did-reid-break-his-word-to-mcconnell-about-the-nuclear-option.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407522</id>
            <published>2013-06-05T11:18:58Z</published>
            <updated>2013-06-05T11:18:15Z</updated>
            <summary>Mitch McConnell is trying to shame Harry Reid into dropping a threat to invoke the &quot;nuclear option&quot; if Republicans block key administration nominees by accusing him of breaking his word. Reid handed him that ammunition over two years ago.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>For a few weeks now -- ever since Majority Leader Harry Reid (D-NV) began stepping up pressure on Republicans to confirm key executive branch and judicial nominees -- Minority Leader Mitch McConnell (R-KY) has come as close as it comes in the Senate to calling another member a liar.</p>

<p>"The majority leader has twice committed on the Senate floor not to use the nuclear option," McConnell said on the floor two weeks ago. "These were not conditional commitments. ... The majority leader needs to keep his commitments."</p>

<p>And then again this Tuesday, at his weekly briefing with reporters: "Commitments were made. And on behalf on Senate Republicans, I intend to ask the majority leader every single day, 'Is your word good, do you intend to keep your word?'"</p>

<p>Effectively, McConnell is trying to shame Reid into dropping a threat to invoke the "nuclear option" if Republicans block key administration nominees. But Reid handed him that ammunition over two years ago.</p>]]>
                <![CDATA[<p>McConnell's referring to two different comments Reid made on the floor, two years apart. Both came after the two men agreed on trivial changes to Senate rules and customs, at the beginning of this Congress and the previous one. <a href=http://tpmdc.talkingpointsmemo.com/2013/01/reid-promises-no-rules-changes-without-gop-consent.php>Most recently</a>, Reid said any further rules changes in the current Congress would occur under regular order, which typically requires two-thirds support in the Senate. That time, his staff quickly clarified that Reid's pledge was contingent upon Republicans adhering to the spirit of the rules reforms. </p>

<p>But in January 2011, Reid's remarks had a "Read. My. Lips." quality to them.</p>

<p>"The minority leader and I have discussed this issue on numerous occasions," Reid said on the Senate floor, according to the congressional record. "I know that there is a strong interest in rules changes among many in my caucus. In fact, I would support many of these changes through regular order. But I agree that the proper way to change Senate rules is through the procedures established in those rules, and <strong>I will oppose any effort in this Congress or the next to change the Senate's rules other than through the regular order</strong>."</p>

<p>Reid spokesman Adam Jentleson says the remarks were implicitly conditioned on an understanding that Republicans wouldn't block nominees except under extraordinary circumstances. </p>

<p>"You can't credit McConnell's argument on its face," he said. "This agreement and the one from January were both two-way streets -- Republicans have a responsibility to honor their commitments, and they haven't."</p>

<p>Months after the Democratic push for filibuster reform failed in January 2011, Reid noted on several occasions that the agreement he had reached with McConnell had fallen apart, and that he'd erred by not changing the rules at the beginning of the 112th Congress. And since that time he's been pretty clear that he'd only resort to changing the rules by majority vote under extraordinary circumstances -- such as if Republicans were to serially block key nominees.</p>

<p>But that's <a href=http://voices.washingtonpost.com/plum-line/2011/01/did_reid_and_mcconnell_just_do.html>not the impression Reid left</a> when he initially made the comments two and a half years ago. </p>]]>
            </content>
        </entry>
    
        <entry>
            <title>House Republicans Quietly Return To Budget Stand-Off Mode, Renew Risk Of Government Shutdown</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/06/house-republicans-quietly-return-to-budget-stand-off-mode-renew-risk-of-government-shutdown.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407529</id>
            <published>2013-06-05T10:52:49Z</published>
            <updated>2013-06-05T14:44:04Z</updated>
            <summary>On Monday afternoon, House Republicans quietly retreated toward the stand-off driven approach to budgeting and must-pass legislation that was their hallmark before President Obama&apos;s re-election.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>House Republicans have quietly returned to the stand-off driven approach to budgeting and must-pass legislation that was their hallmark before President Obama's re-election.</p>

<p>On Tuesday afternoon the House passed a measure directing House appropriators, in the absence of a budget agreement with the Senate, to adopt spending levels in the Republican budget. That blueprint calls for enormous cuts to spending on everything from science research to education to health care, in order to rescue the Defense Department and other politically favored agencies from the ravages of sequestration.</p>

<p>The procedural move is technical, and it stems among other things from Republicans' decision to abandon the very budget process they've demanded for the past four years. But it reflects their desire to jam Democrats and President Obama with spending bills that funnel billions of dollars out of domestic priorities into the Pentagon and other security programs, at the risk of a government shutdown</p>]]>
                <![CDATA[<p>"What the Republican did was cynically use the rule on a bill that will provide spending for our veterans -- which is something we all support -- to slash the part of the budget the funds our kids' education and our investments and treatments and cures for cancer and other diseases. Slash that budget by over 20 percent below the sequester," explained Rep. Chris Van Hollen (D-MD) -- House Dems' top budget guy -- in an interview Tuesday with TPM.</p>

<p>After the House and Senate passed separate budgets this spring -- something Republicans have been demanding for years -- Democrats undertook a concerted effort to drag the GOP through formal negotiations until Congress reached a consensus on taxing and spending that ended crisis governing for the foreseeable future.</p>

<p>Republicans weren't having it. They correctly identified the political perils they'd face by seeing regular order" to its conclusion. So for the past several weeks they've been stalling. They've refused to appoint negotiators in the House and have blocked Democratic efforts to appoint negotiators in the Senate</p>

<p>Without a negotiated budget, though, congressional appropriators lack the direction they need to allocate funds to accounts across the government. Tuesday's move sets the spending levels in the Republican budget as the benchmark. </p>

<p>"The overall spending level is at the sequester levels," Van Hollen added. "The veterans bill is going to be funded at pre-sequester levels. That's going to be funding at a healthy level as if sequestration did not exist. And they're going to do that for defense.... [I]t means you're cutting other parts of the budget below sequester level."</p>

<p>To take one example, this approach would require cutting the second largest appropriations bill -- the so-called Labor/HHS bill -- by $34 billion. Moreover, House Republicans call for shifting so much money from domestic spending into security spending that it would violate the terms of the Budget Control Act (better known as the debt limit deal).</p>

<p>The Obama administration has threatened to veto this bill unless it's ultimately included in a broader effort to set the rest of the budget right. In other words, no special treatment for Veterans Affairs or the Pentagon, particularly if it comes at the expense of other spending priorities.</p>

<p>"Unless this bill passes the Congress in the context of an overall budget framework that supports our recovery and enables sufficient investments in education, infrastructure, innovation and national security for our economy to compete in the future, the President's senior advisors would recommend that he veto H.R. 2216 and any other legislation that implements the House Republican Budget framework," the White House said this week.</p>

<p>Van Hollen supports the White House's strategy -- "ultimately there's not going to be an agreement on these levels, which is why the White House issued its veto threat" -- but somewhat contradictorily predicts the bill will pass with significant Democratic support, including his own. </p>

<p>And ironically, strong bipartisan showings for individual GOP-backed spending bills -- for veterans, the Pentagon, etc. -- will make it harder for Obama to sustain his veto threats.</p>

<p>"The way I interpret his threat is he also supports the veterans bill at that level but at the end of the day Congress better send me appropriations bills that meet all our needs, including our kids' education, or I'm going to veto them," he explained. In other words the bill is suitable on the merits, and in isolation, but will be rightly vetoed if Republicans don't at least make similar accommodations for other spending priorities.</p>

<p>That's not likely to happen. And Van Hollen acknowledges that will complicate things for Democrats as the Sept. 30 government shutdown deadline approaches.</p>

<p>"It's important that the Senate make sure these bills don't come out individually in the order you just talked about," he said.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>McConnell Faces First Test In Reid &apos;Nuclear Option&apos; Push</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/mcconnell-faces-first-test-in-reid-nuclear-option-push.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407191</id>
            <published>2013-05-23T15:27:56Z</published>
            <updated>2013-05-23T15:31:26Z</updated>
            <summary>Mitch McConnell is actively trying to undermine Harry Reid&apos;s efforts to present Republicans with a Sophie&apos;s choice between dropping their filibuster threats against nominees they oppose and standing by as Democrats do away with the filibuster on presidential nominees altogether.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Something unexpected and newsworthy happened on the Senate floor Thursday morning during an otherwise commonplace argument between Harry Reid and Mitch McConnell over confirmations and the "nuclear option."</p>

<p>It had nothing to do with truly imperiled nominees like Rich Cordray over at the Consumer Financial Protection Bureau or Tom Perez at the Department of Labor. But it nonetheless reveals a great deal about power dynamics between the leaders as the Senate builds toward a showdown over key confirmations -- and perhaps another effort to change the Senate's filibuster rules.</p>]]>
                <![CDATA[<p>At issue Thursday was Sri Srinivasan, whom President Obama nominated to serve on the DC Circuit Court of Appeals. Srinivasan has been a shoo-in for weeks. But Reid and McConnell have disagreed about precisely when he should be officially confirmed. Reid wanted the vote this week. McConnell wanted to wait three business days -- not a huge delay in most circumstances, but with the impending Memorial Day break it would've kicked the confirmation into early June.</p>

<p>So this week, Reid used the Senate rules to provoke a confrontation: Technically he filed cloture on Srinivasan's nomination, guaranteeing him at least a test vote this week. More meaningfully, he forced McConnell to choose between sustaining a filibuster against Srinivasan through early June (a move that would have helped Reid build his case for changing the rules this summer) and agreeing to a confirmation vote now (effectively caving).</p>

<p>McConnell caved Thursday morning on the Senate floor. A small cave. But a cave nonetheless. Srinivasan will be confirmed Thursday afternoon. But the "cave" is only a small part of the story.</p>

<p>"The effort to justify breaking the rules just fell apart," McConnell spokesman Don Stewart told TPM.</p>

<p>That's probably overstating things a bit. But it points to the fact that McConnell is actively trying to undermine Reid's efforts to present Republicans with a Sophie's choice between dropping their filibuster threats against nominees they oppose and standing by as Democrats do away with the filibuster on presidential nominees altogether.</p>

<p>As <a href="http://tpmdc.talkingpointsmemo.com/2013/05/reid-eyes-serial-votes-on-obama-nominees-in-key-nuclear-option-test.php">we reported Wednesday</a>, Reid is structuring confirmation votes on existing nominees like Cordray and Perez to either break GOP filibusters or build a permission structure for his members to support a controversial rules change if their nominations fail. McConnell's move today suggests he believes Reid's case will be persuasive, if only to Democrats, and doesn't want to enable it. </p>

<p>Srinivasan is an easy pawn to forfeit in this game, but the fact that McConnell recognizes Reid's strategy, and its potential effectiveness, means he might have to concede more tactically significant pieces in the future.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Reid Eyes Serial Votes On Obama Nominees In Key Nuclear Option Test</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/reid-eyes-serial-votes-on-obama-nominees-in-key-nuclear-option-test.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407144</id>
            <published>2013-05-22T14:00:00Z</published>
            <updated>2013-05-22T14:00:44Z</updated>
            <summary>Richard Cordray will now most likely get his day in the sun after immigration reform legislation clears the Senate. And not because Harry Reid&apos;s giving up on Cordray&apos;s nomination, but because he wants to turn Cordray and a handful of other nominees into a test of the GOP&apos;s vows to filibuster top Obama picks, including two designated cabinet secretaries. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Last week, Senate Majority Leader Harry Reid said he would hold a vote on Richard Cordray's nomination to head the Consumer Financial Protection Bureau before the Senate skipped town for Memorial Day.</p>

<p>Plans change. Cordray will now most likely get his chance after immigration reform legislation clears the Senate. And not because Reid is giving up on Cordray's nomination, but because he wants to turn Cordray and a handful of other nominees into a test of the GOP's vows to filibuster top Obama picks, including two designated cabinet secretaries. </p>

<p>The move serves two purposes: First, it removes one of the largest pretexts Republicans will have to walk away from immigration reform. Second, it puts Republicans on the spot in an exquisite -- and in Reid's mind necessary -- way, thus providing the nominees their best chance at confirmation, and leaving Democrats little choice, if the GOP blocks them, but to change the rules to immunize executive and judicial nominees from filibuster.</p>

<p>"The more likely scenario is that cloture is filed on some or all of them, because that is more substantive than a unanimous consent request," says a senior Democratic aide. "But that determination hasn't been made yet."</p>]]>
                <![CDATA[<p>The idea is to set up back-to-back-to-back confirmation votes on Cordray, Labor Secretary nominee Tom Perez, and Gina McCarthy, whom Obama nominated to serve as EPA administrator -- and perhaps others.</p>

<p>Lumping Cordray in with the rest will result in a more dramatic demonstration, top Democrats believe, than trickling the nominees out slowly.  </p>

<p>That effectively puts Reid and Minority Leader Mitch McConnell on a collision course. If McConnell caves or works out an agreement with Reid, then the nuclear option will become inoperative. But if he doesn't and these confirmation votes fail, then Reid will either have to admit defeat or do ... something. In that sense he's essentially building a "permission structure" for himself and his caucus to do something about the rules in the event that Republicans make good on their threats. </p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Inhofe: Oklahoma Disaster Relief Will Be Different Than &apos;Slush Fund&apos; For Sandy (VIDEO)</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/inhofe-oklahoma-disaster-relief-will-be-different-than-slush-fund-for-sandy.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407125</id>
            <published>2013-05-21T15:36:29Z</published>
            <updated>2013-05-21T15:38:56Z</updated>
            <summary>Sen. James Inhofe (R-OK), who opposed emergency disaster relief for victims of Hurricane Sandy and called the bill a &quot;slush fund,&quot; suggested he&apos;ll support legislation to provide similar assistance to victims of the tornado in Moore, OK provided it&apos;s tailored narrowly enough to prevent federal dollars from being appropriated to other states. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Sen. James Inhofe (R-OK), who opposed emergency disaster relief for victims of Hurricane Sandy and called the bill a "slush fund," suggested he'll support legislation to provide similar assistance to victims of the tornado in Moore, Okla., provided it's tailored narrowly enough to prevent federal dollars from being appropriated to other states. </p>

<p>"[Sandy aid] was totally different," Inhofe said on MSNBC Tuesday morning. "They were getting things, for instance, that was supposed to be in New Jersey. They had things in the Virgin Islands. They were fixing roads there, they were putting roofs on houses in Washington, D.C. Everybody was getting in and exploiting the tragedy that took place. That won't happen in Oklahoma."</p>]]>
                <![CDATA[<p>Inhofe's remarks are telling not just because they hint at a double standard. They also suggest Inhofe will support disaster relief for Oklahoma whether or not it's offset with other budget cuts. Inhofe's Oklahoma colleague, Sen. Tom Coburn (R-OK) says he'll <a href=http://livewire.talkingpointsmemo.com/entry/oklahoma-gop-sen-tom-coburn-will-seek-to?ref=fpblg>fight to make sure Oklahoma disaster relief is offset</a>. Conservative Republicans have been trying unsuccessfully for two years to use disaster assistance as an opportunity to cut domestic spending programs elsewhere in the budget.</p>

<p>A total of 31 Senate Republicans opposed the final Sandy relief bill earlier this year, citing small appropriations to repair damages and address concerns outside the hardest hit areas in New York and New Jersey, as well as the fact that the funds weren't offset, and because it contained $16 billion to be distributed as Community Development Block Grants. </p>

<p>Watch Inhofe on MSNBC below.</p>

<p><iframe width="560" height="315" src="http://www.youtube.com/embed/FcnAZ6dECg4" frameborder="0" allowfullscreen></iframe></p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Secret Service Looking Into Radio Host&apos;s Graphic Violent Comments About Obama, Hillary Clinton</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/secret-service-looking-into-radio-host-after-graphic-violent-comments-about-obama-hillary-clinton.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407096</id>
            <published>2013-05-20T19:16:59Z</published>
            <updated>2013-05-20T19:22:11Z</updated>
            <summary>The Secret Service is following up on recent comments by right wing radio host Pete Santilli, who claimed to want to shoot former Secretary of State Hillary Clinton in the vagina and see President Obama tried and shot for treason.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>The Secret Service is following up on recent comments by right wing radio host Pete Santilli, who claimed to want to shoot former Secretary of State Hillary Clinton in the vagina and see President Obama tried and shot for treason.</p>

<p>"We are aware of Mr. Santilli's comments and will take the appropriate follow up action," Edwin M. Donovan, a Secret Service spokesperson, told TPM on Monday. "He certainly has a right to free speech, but the Secret Service has a right and an obligation to determine what a person's intent is when making comments like this."</p>]]>
                <![CDATA[<p>He made the threatening comments the week before last on his eponymous Internet based radio program. Santilli is a fringe figure who has made threatening comments on his program in the past. But he's gained some quasi-mainstream attention recently <a href=http://www.rightwingwatch.org/content/radio-host-frequented-gun-activists-calls-shooting-bush-family-obama-sexual-violence-against>with guests like Ted Nugent and Gun Owners of America director Larry Pratt</a>. </p>

<p>'Miss Hillary Clinton needs to be convicted, she needs to be tried, convicted and shot in the vagina," he said. "I wanna pull the trigger. That 'C U Next Tuesday' has killed human beings that are in our ranks of our service. I want to remind you that in Benghazi, Miss Hillary 'the fricken' biggest vagina on the face of the planet' told troops to stand down and to not go in and interfere with the operation that they set up because they're moving arms; Barack Obama is moving drugs through the CIA out of Afghanistan and Barack Obama needs to be tried, convicted, and shot for crimes against the United States of America."</p>

<p>The website Hypervocal <a href=http://hypervocal.com/news/2013/radio-host-hillary-clinton/>has posted the audio</a>.</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>What Republicans Already Knew About The White House Benghazi Emails</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/benghazi-emails-white-house-briefing-intelligence.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407060</id>
            <published>2013-05-17T23:14:55Z</published>
            <updated>2013-05-18T14:57:54Z</updated>
            <summary>Sources at key classified Congressional briefings about Obama administration Benghazi emails say it&apos;s hard to fathom how Republicans left with misquotes and the impression that the White House had played politics. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Sources with knowledge of key congressional briefings earlier this year on administration emails regarding the Sept 11, 2012 Benghazi attack tell TPM that those in attendance were provided clear information that the White House remained neutral in adjudicating a dispute between the State Department and the CIA over talking points at the center of a months-long controversy. </p>

<p>In walking members and their staffs through the internal emails, the administration provided extensive explanations of how the talking points evolved, sources in attendance tell TPM. The extent of the information provided in the classified briefings calls into further question how a summary of the emails that was leaked to ABC News overstated the White House's role in crafting them. An intelligence official who participated in the briefings and spoke to TPM says that the discrenpacy between the emails he briefed Congress about and the ABC News report "speak for itself."</p>]]>
                <![CDATA[<p>The semi-dormant controversy over the Obama administration's conduct during and after  the attack on a U.S. outpost in Benghazi re-erupted last week when ABC News' Jonathan Karl published a <a href="http://abcnews.go.com/blogs/politics/2013/05/exclusive-benghazi-talking-points-underwent-12-revisions-scrubbed-of-terror-references/">report</a> that lent credence to GOP suspicions that the White House was deeply involved in preparing official talking points about the attack to tamp down the story for political reasons. </p>

<p>The ABC report was based on notes taken by a still-unnamed source, presumably a Republican, in attendance at one of two briefings the administration held for members and senior staffers of the Senate and House intelligence committees and top leadership offices in February and March of this year. The ABC report contained a great deal of the information the White House would ultimately reveal itself this week when it released all of the inter- and intra-agency email communication that ultimately resulted in the talking points Susan Rice used in a now-infamous series of appearances on network news shows on the Sunday after the attack.</p>

<p>But it got one big part about the White House's role wrong:</p>

<blockquote>In an email dated 9/14/12 at 9:34 p.m. -- three days after the attack and two days before Ambassador Rice appeared on the Sunday shows -- Deputy National Security Advisor Ben Rhodes wrote an email saying the State Department's concerns needed to be addressed. "We must make sure that the talking points reflect all agency equities, including those of the State Department, and we don't want to undermine the FBI investigation. We thus will work through the talking points tomorrow morning at the Deputies Committee meeting."</blockquote>

<p>It turns out that's not what the email said. To quiet the growing furor over the idea that the White House had thumbed the scale on the State Department's behalf, a government official subsequently leaked to CNN the <a href="http://thelead.blogs.cnn.com/2013/05/14/cnn-exclusive-white-house-email-contradicts-benghazi-leaks/">full text of Rhodes' message</a>, which was assiduously neutral about each relevant agency's concerns.</p>

<p>But discussions with several people in attendance at or with knowledge of the two congressional briefings suggest that members and staffers were left with the opposite impression -- that the White House had remained neutral in the dispute between the State Department and the CIA -- and that after a thorough run-through, they were given ample time to take notes not just about the briefing itself, but in theory to transcribe key emails verbatim.</p>

<p>"When I say they were allowed to have the documents for as long as they wanted, they were allowed to take notes for as long as they wanted as well," the intelligence official said.</p>

<p>The discrepancy between the documents ABC was provided and the official records has led White House officials, congressional aides, and outside observers to the conclusion that a GOP member or staffer falsified notes or tendentiously interpreted administration emails -- and then leaked them -- to create the impression that the White House had sided with the State Department in an intra-agency dispute to protect President Obama from political blowback. </p>

<p>"I got a lot of questions probing in a lot areas," the intelligence official said. "Truthfully I cannot recall whether I specifically got any questions asking about the White House. All the questions I got were not sort of tendentious questions but they were asking facts, to understand what went on."</p>

<p>After those briefings, the Benghazi controversy quieted down for several weeks -- a tellingly long silence given how damning the emails supposedly were -- until ABC's report, including its characterization of the White House's involvement, exploded in the press late last week. Karl, who downplayed the discrepancies between the summaries he relied on and the actual emails, was not immediately available for comment for this story. </p>

<p>"I wouldn't go into what the members said in the meeting," the intelligence official said. "The relationship between what the documents show and what the report said sort of speak for itself."</p>

<p>A congressional source who attended one of the two meetings had a similar recollection.</p>

<p>"I don't recall a single member asking a single question or making a single statement suggesting the White House played anything other than an appropriate role in resolving the disagreement over the talking points," the source said.</p>

<p>On top of that, the source added that the CIA had acknowledged on other occasions making all of the major changes to the talking points itself, irrespective of the State Department's concerns.</p>

<p>"The CIA itself and then the ODNI [Office of the Director of National Intelligence] who walked us through the emails all made clear that every one of the changes with regard to the involvement the naming of al Qaeda and Ansar al Sharia were made by the CIA," the source added. "Petraeus and Morell were saying that last year.... They were extremely forthcoming about that from the beginning. That piece of knowledge was repeated so many times in so many different briefings it would be impossible for me to believe that anybody left with the impression that anyone other than the CIA made the changes." </p>

<p>This source draws a connection between the notes quoted in the ABC report, and an <a href="http://www.speaker.gov/sites/speaker.house.gov/files/documents/libya-progress-report.pdf">April report</a> from House Republicans which attributes the changes to the State Department.</p>

<p>"The House Republican report so distorted its coverage of the talking points changes. ... I see no reason to believe it wouldn't be the same thing with regard to the Ben Rhodes email."</p>

<p>A senior House Republican aide with knowledge of the briefing but who denies being ABC's source still largely backs the GOP characterization of the emails, and says any mischaracterizations were unintentional, and the result of poor communication.</p>

<p>"The idea anyone was nefariously putting words in people's mouths just isn't based in reality," the aide emailed. "This ALL goes back to a disconnect between quoting summaries vs quoting verbatims. And, again, ABC acknowledges they weren't clear enough in their first story about what they were told they had been given."</p>

<p>That explanation doesn't cut it for Democrats.</p>

<p>"I think they thought that this stuff would never be declassified or something," said one House source with knowledge of the briefing. "Some of them could've taken really bad notes, but to me this looks more intentional."</p>

<p>To the congressional source in attendance, it's all part of the GOP obsession with Benghazi. "I know for a fact that some of the Republican critics -- they are true believers. .... They may not have found the smoking gun yet that convinces everyone else there was a coverup, but there's no question in their mind that it's there somewhere, evidence notwithstanding."</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Conservatives&apos; Last-Ditch Chance To Destroy Obamacare -- And How The IRS Scandal Helps Them</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/conservatives-last-ditch-chance-to-destroy-obamacare----and-how-the-irs-scandal-helps-them.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.407028</id>
            <published>2013-05-17T09:48:15Z</published>
            <updated>2013-05-17T14:04:31Z</updated>
            <summary>Some conservatives hope to draw an indirect, but highly consequential, connection between Obamacare and IRS malfeasance -- which they hope will result in denial of benefits to millions of uninsured taxpayers, and perhaps the unwinding of the entire law. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Republicans haven't been able to resist the temptation to link the IRS scandal to the Affordable Care Act, and use it to build support for mucking up or slowing implementation of the law. </p>

<p>IRS will administer key ACA revenue and subsidy provisions, and a major scandal at the agency offers the GOP a unique opportunity to question the wisdom of expanding its authority.</p>

<p>But some conservatives hope to draw a less direct, but in theory much more consequential, connection between Obamacare and IRS malfeasance -- one which they hope will result in denial of benefits to millions of uninsured taxpayers, and perhaps the unwinding of the entire law. </p>]]>
                <![CDATA[<p>The idea actually predates the IRS scandal by many months, and may soon be addressed by a federal court in Washington, D.C. Critics contend that under a literal interpretation of the statutory language of the Affordable Care Act, people in states that have refused to set up insurance exchanges -- states that have thus ceded that power to the federal government -- won't be eligible for federal subsidies to purchase insurance. </p>

<p>Enter the IRS, which interpreted that language in its regulation-writing process as meaning that those people <em>will</em> in fact be eligible for insurance subsidies in every state, regardless of whether the exchange is state- or Washington-run.</p>

<p>Conservatives, and even some GOP lawmakers, contend the IRS's interpretation was unlawful -- and now they want to yoke their narrow reading of the law to the unrelated political non-profit controversy.</p>

<p>"The IRS has announced that it will violate the text of the law and issue health insurance subsidies through federal exchanges, something Congress did not authorize," Senate Minority Whip John Cornyn (R-TX) <a href=http://tpmdc.talkingpointsmemo.com/2013/05/republicans-use-irs-scandal-to-undermine-obamacare.php>said in floor remarks this week</a>. "The law clearly states that these subsidies are not available to the federal exchange but only to the state-based exchanges. It's the case that the President's health care law will dramatically expand the power of the Internal Revenue Service because the agency is responsible for implementing so much of Obamacare's most important provisions. Well, given what we've learned about IRS malfeasance, does that really sound like a good idea, to give them more responsibility, to hire more agents before we get to the bottom of the present scandal?"</p>

<p>The conservative hue and cry for pursuing this approach to undermining Obamacare is much quieter than the one that culminated in a landmark Supreme Court decision to uphold the law last year. That reflects a combination of factors: the argument's weaker, the politics are much less straightforward, the complaint is aimed at benefits that nobody's received yet. The IRS scandal could change that dynamic. </p>

<p>And though reform supporters don't want to see this idea take flight in the media the way the novel theories underlying previous ACA challenges did, they don't believe it's persuasive enough to pose much of a danger to the law. </p>

<p>"If and when this gets to court, courts are going to look at this and say, well, this isn't a very well-worded statute, but when you look at it as a whole, it's clear that it intends federal exchanges to issue premium tax credits," says Timothy Jost, a law professor at Washington and Lee University, and an ACA supporter. </p>

<p>Ironically, the conservatives who devised this argument cite <a href=http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1022&context=ois_papers>a paper Jost wrote in 2009</a> to bolster their own claims. In it, he muses among many other things that Congress could theoretically deny insurance subsidies to federal exchanges on purpose, to incentivize states to erect them on their own. The implication is that Congress may have adopted Jost's idea intentionally. </p>

<p>The legislative history of the ACA, along with its interpretation by government agencies, official analyses by the Congressional Budget Office, and the broad consensus of the members of Congress who wrote the law belies this notion. (Jost never endorsed the idea, either, and called the notion that he inspired or promoted it "weak.")</p>

<p>The Congressional Research Service <a href=http://oversight.house.gov/wp-content/uploads/2012/12/Premium-Credits-and-Federally-Created-Exchanges.pdf>has looked at this issue closely, too</a>. Its conclusion suggests that unless courts read the portion of the law at issue in isolation, and precisely as the laws opponents characterize it, then legal challengers will have a hard time denying subsidies to individuals via federal exchanges. The IRS' interpretation of the statute would stand. And even that determination would probably have to wait until 2015, before which challengers will have a hard time demonstrating standing. </p>

<p>"By 2015, somebody will have standing to raise it, then I think the question will be are the courts really prepared to rescind tax credits for millions of Americans," Jost said.</p>

<p>On top of all that, if individuals in states with federal exchanges are ultimately denied insurance subsidies, their lawmakers -- most of them red-state lawmakers -- would find themselves under immense pressure to fix the law, and quickly.</p>

<p>Why? Jost explains, "if a court would ever hold that the federal exchanges couldn't issue premium tax credits, it would be a serious problem, because it would deprive millions of Americans of tax breaks and insurance, it would also weaken the individual mandate."</p>

<p>So it's an unlikely outcome that's also a long way off. But the ideas adherents have been waiting for a chance to take it mainstream. The IRS scandal provides it to them. </p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Reid To Pentagon: No Special Sequestration Treatment For You</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/reid-to-pentagon-no-special-sequestration-treatment-for-you.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.406972</id>
            <published>2013-05-16T11:26:04Z</published>
            <updated>2013-05-16T12:26:28Z</updated>
            <summary>Senate Majority Leader Harry Reid has bad news for Pentagon officials, defense contractors, national park vacationers and other powerful constituencies dealing with the consequences of sequestration: unlike the Federal Aviation Administration you won&apos;t be getting any special treatment. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Senate Majority Leader Harry Reid (D-NV) has bad news for Pentagon officials, defense contractors, national park vacationers and other powerful constituencies dealing with the consequences of sequestration: unlike the Federal Aviation Administration, you won't be getting any special treatment. </p>

<p>At a reporter roundtable in his Capitol Hill suite Wednesday, Reid claimed responsibility for Democrats' decision to provide the FAA -- and only the FAA -- unique flexibility under sequestration to move money between accounts, and thus to avoid scheduled tower closures and controller furloughs causing major travel delays that were expected to drag on for months.</p>

<p>"I take all the blame," Reid acknowledged. </p>]]>
                <![CDATA[<p>But he now says that powerful stakeholders won't get elite treatment from Congress to alleviate the impact of sequestration, suggesting the indiscriminate spending cuts will either be addressed in their entirety or not at all.</p>

<p>"I think the next thing I see that's going to ask for, 'let's just take care of this,' is going to be the Pentagon," Reid said. "They're asking already for more money for a number of different things. I think the time has come that we -- if something comes up in the military, that we have to understand there are a lot of people out there who don't have lobbyists, who don't have people up here to advocate for them."</p>

<p>"We've got the 70,000 kids on head start, meals on wheels, NIH ... we have all kinds of issues that sequestration is hurting," Reid said. "I'm not going to apologize for what we've done with air-traffic control, but hopefully in the future we're going to stop this."</p>

<p>This is the first time since the FAA bill passed that Reid has claimed that he will not address sequestration in a piecemeal fashion. He made similar public assurances before travel delays became an issue, but then ultimately agreed to grease legislation to fix that problem in isolation. </p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Administration Officials Downplay CIA-State Department Squabbling In Benghazi Emails</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/administration-officials-downplay-cia-state-department-squabbling-in-benghazi-emails.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.406968</id>
            <published>2013-05-15T22:44:36Z</published>
            <updated>2013-05-15T22:59:08Z</updated>
            <summary>At a briefing for reporters at the White House Wednesday, senior administration officials sought to stamp out the last embers of controversy surrounding the inter- and intra-agency processes that yielded official, early talking points about the attacks on a U.S. facility in Benghazi, Libya.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>At a briefing for reporters at the White House Wednesday, senior administration officials -- including a senior intelligence official -- sought to stamp out the last embers of controversy surrounding the inter- and intra-agency processes that yielded official, early talking points about the attacks on a U.S. facility in Benghazi, Libya.</p>

<p>Responding to pressure from reporters and Republicans on Capitol Hill, the administration released what they claim are all emails internal to, and between, relevant government agencies drawing up the talking points that Susan Rice used when appearing on Sunday talk shows a few days after the attacks that left four Americans, including U.S. Ambassador to Libya Christopher Stevens, dead. Those emails are characteristic of the laborious bureaucratic process required to finalize the talking points, but do reflect disagreements between senior officials in agencies outside the White House over what information the talking points should contain. </p>]]>
                <![CDATA[<p>The emails vindicate the administration's claim that White House officials did not partake in defensive wrangling over the framing or content of the talking points. But they do confirm that the State Department and CIA were at odds, at least for a time, over how comprehensive the talking points should be.</p>

<p>That squabbling -- which appear to reflect at least in part the two agencies' desires to insulate themselves from blame for the attacks -- is the only remaining aspect of the controversy, perpetuated by Republicans and conservatives, over the administration's private deliberations and public communications in the days after the attack.</p>

<p>Notably, the officials at the briefing sought to downplay that tension as well. The final talking points, they noted, were edited most thoroughly by CIA Deputy Director Michael Morrell, and reflect the modifications the State Department was seeking. </p>

<p>But Morrell's modifications reflected his own disagreements with early drafts, independent of State Department's similar objections, the officials stressed in the briefing, suggesting the rift between State and CIA was less severe than first believed.</p>

<p>That view is backed, in part, by sign-off from Morrell's top terror analyst, who in one email responded to Morrell's edits, "They are fine with me. But, pretty sure HPSCI [the House Permanent Select Committee On Intelligence] won't like them. :-)"</p>

<p>Then-CIA Director David Petraeus did raise objections to the final drafts, reflecting both his desire that the talking points contain information about CIA warnings regarding the security situation in the region, and his belief that HSPCI members would not be satisfied with them. </p>

<p>"No mention of the cable to Cairo, either? Frankly, I'd just as soon not use this, then... NSS's call, to be sure; however, this is certainly not what Vice Chairman Ruppersberger was hoping to get for unclas[sified] use. Regardless, thx for the great work."</p>

<p>NSS refers to the White House National Security Staff. Rep. Dutch Ruppersberger (D-MD) is the top Democrat on the House Permanent Select Committee On Intelligence.</p>

<p>The emails do not make clear why HSPCI members, including Ruppersberger, would be unhappy with the talking points, but they suggest that it was because the final version of the talking points lacked sufficient detail about the incident. </p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Harry Reid: The Nomination Is Hillary&apos;s If She Wants It</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/reid-if-hillary-wants-to-run-for-president-shes-going-to-get-that-nomination.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.406955</id>
            <published>2013-05-15T17:11:30Z</published>
            <updated>2013-05-15T17:11:42Z</updated>
            <summary>Harry Reid: &quot;I think most everyone knows if [Hillary Clinton] wants to run for President, she&apos;s going to get that nomination.&quot;</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Senate Majority Leader Harry Reid (D-NV) has bad news for ambitious Democratic governors with their eyes on the White House in 2016.</p>

<p>"I think most everyone knows if [Hillary Clinton] wants to run for President, she's going to get that nomination," he told a small group of reporters during a roundtable discussion in his Capitol suite Wednesday afternoon.</p>]]>
                <![CDATA[<p>Reid called the (potential) primary while contextualizing the GOP's obsession with the administration's messaging in the aftermath of a terrorist attack on a U.S. facility in Benghazi last year.</p>

<p>"To keep going over this thing, day after day, on things that have been in the public record for months and months, it's obvious that it's an attempt to embarrass President Obama and to embarrass Hillary Clinton," Reid said, before assessing the Democratic primary field. </p>

<p>Reid acknowledged that the Benghazi attacks raise legitimate national security questions -- just not the ones Republicans are hyper-focused on. </p>

<p>"The Speaker says he's obsessed with this and it appears that's the case," Reid snarked. "There are terrorists -- really that's a new part of the world that we have to understand. There are terrorists who want to do us harm. You, your family, for no reason that we can appreciate or comprehend. That's what we should be doing, is spending our time determining how we're going to handle the terrorists, whether that's economic means to make people feel better or whether it's more security-directed stuff."</p>

<p>Instead, Republicans have harnessed themselves to the allegation that the Obama administration wanted to cover up the fact that there had been a terrorist attack -- a contention that feeds<a href="http://talkingpointsmemo.com/archives/2013/05/why_purpose_the_benghazi_emails_really_serve.php"> a much uglier conspiracy theory</a>.</p>

<p>"Republicans are doing everything they can to ratchet back more security for embassies," Reid said. "This is just a sideshow, trying to embarrass Obama and Clinton."</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Reid: No &apos;Precipitous&apos; Nuclear Option, But Consumer Watchdog Will Get Vote Next Week</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/reid-no-precipitous-nuclear-option-but-consumer-watchdog-will-get-vote-next-week.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.406953</id>
            <published>2013-05-15T16:35:03Z</published>
            <updated>2013-05-15T16:35:23Z</updated>
            <summary>If Senate Majority Leader Harry Reid wants to change the Senate filibuster rules -- either broadly, or more narrowly to fast track presidential nominees -- he&apos;ll need a strong case. To that end, he&apos;ll attempt to confirm one person Republicans have vowed to block next week. 
</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>If Senate Majority Leader Harry Reid wants to change the Senate filibuster rules -- either broadly, or more narrowly to fast track presidential nominees -- he'll need a strong case. Part of that case will rest on whether Republicans make good on their threat to block confirmation of Richard Cordray -- President Obama's non-controversial nominee to direct the Consumer Financial Protection Bureau -- unless and until Democrats agree to weaken his agency's regulatory power.</p>

<p>To that end, he'll hold a vote on Cordray's nomination next week. </p>]]>
                <![CDATA[<p>"I'm going to make sure he's going to have a vote next week, and then we'll see what happens after that," Reid told a small group of reporters in his Capitol Hill suite Wednesday morning. </p>

<p>Reid's decision to eschew significant reforms to Senate filibuster rules at the beginning of the current Congress -- and his continuing reluctance to revisit those rules despite recent filibusters of cabinet nominees -- angers allies both on and off of Capitol Hill. </p>

<p>But he continues to approach the issue cautiously. </p>

<p>"I'm not going to do anything now, precipitously," he said. "But I'm looking at this very closely.... We're going to fill that job. Cordray is there now. He's going to get a vote."</p>

<p>Reid wasn't able to explain why he believes (or claims to believe) Cordray will ultimately be confirmed. But he alluded to the possibility that he may pursue a rules change mid-session.</p>

<p>"Whether it's Jeb Bush or Hillary Clinton that's the next president, I don't think they should have to go through what we've gone through here," Reid said. "People better watch."</p>]]>
            </content>
        </entry>
    
        <entry>
            <title>Republicans Use IRS Scandal To Undermine Obamacare</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/republicans-use-irs-scandal-to-undermine-obamacare.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.406921</id>
            <published>2013-05-15T10:40:01Z</published>
            <updated>2013-05-15T13:58:12Z</updated>
            <summary>It was inevitable once the IRS admitted it had inappropriately targeted conservative non-profits for excessive scrutiny that Republicans would blend the controversy into their ongoing attacks on the Affordable Care Act. And now they&apos;re doing it.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>It was inevitable once the IRS admitted it had inappropriately targeted conservative non-profits for excessive scrutiny that Republicans would blend the controversy into their ongoing attacks on the Affordable Care Act. After all, the Affordable Care Act tasks the IRS with administering tax collection and subsidy provision under the law, and will thus require it to hire new employees. </p>

<p>Conservatives and GOP members of Congress issued dire warnings shortly after the news broke. But the fact that the revelation came less than a week before the House of Representatives votes (again) to repeal Obamacare probably hastened a legislative linkage.</p>

<p>And here it is.</p>]]>
                <![CDATA[<p>In a letter to Health and Human Services Secretary Kathleen Sebelius and Acting IRS Commissioner Steven Miller, Sen. Dean Heller (R-NV) calls for freezing those dollars for now. </p>

<p>"I believe we need to address IRS funding in the health care law now, which may mean calling for a temporary suspension until it is clearer where this funding will go," Heller wrote. "I want you to know I intend to introduce legislation this week to suspend IRS funding for new agents enforcing the health care law until Congress sees an improvement. I am hoping this legislation is unnecessary and that we may work together to find a solution to this problem together."</p>

<p>The letter is a bit muddled. It alludes to President Obama's budget and the ACA itself, without drawing distinctions between the two. Obama's budget calls for higher IRS spending ahead of ACA implementation, but has no binding force. </p>

<p>It's also unclear whether Heller proposes to (perhaps temporarily) withhold money that's already been appropriated to the IRS, or to rescind its authority to spend current and future funds to implement and administer the law. </p>

<p>A Heller spokesperson did not immediately respond to a request for clarification.</p>

<p>At his weekly briefing with reporters Tuesday, House Minority Whip Steny Hoyer (D-MD) addressed the conflation directly. "I don't think that this [IRS controversy] is anything that is going to undermine the IRS's credibility vis-a-vis the implementation of the Affordable Care Act."</p>

<p>Perhaps. But it's already refueling the GOP's ongoing political drive to repeal the law in full or in part. </p>

<p>And it could draw more attention to brewing conservative efforts to rescind ACA insurance subsidies to beneficiaries in states that will have federally-run exchanges. Senate Minority Whip John Cornyn (R-TX) tried on Tuesday to tie that more obscure issue to the unfolding non-profit scandal.</p>

<p>"The IRS has announced that it will violate the text of the law and issue health insurance subsidies through federal exchanges, something Congress did not authorize," Cornyn said remarks on the floor. "The law clearly states that these subsidies are not available to the federal exchange but only to the state-based-exchanges. It's the case that the President's health care law will dramatically expand the power of the Internal Revenue Service because the agency is responsible for implementing so much of Obamacare's most important provisions. Well, given what we've learned about IRS malfeasance, does that really sound like a good idea, to give them more responsibility, to hire more agents before we get to the bottom of the present scandal?"</p>

<p>You can read Heller's letter in full below. </p>

<div align=center><p  style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;">   <a title="View Heller Letter to Sebelius IRS on Scribd" href="http://www.scribd.com/doc/141524728/Heller-Letter-to-Sebelius-IRS"  style="text-decoration: underline;" >Heller Letter to Sebelius IRS</a></p><iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/141524728/content?start_page=1&view_mode=scroll" data-auto-height="false" data-aspect-ratio="undefined" scrolling="no" id="doc_92393" width="100%" height="600" frameborder="0"></iframe></div>]]>
            </content>
        </entry>
    
        <entry>
            <title>Boehner On Obamacare, Debt Limit Strategies: Take It Up With My Members!</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/boehner-on-obamacare-debt-limit-strategies-take-it-up-with-my-members.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.406786</id>
            <published>2013-05-09T19:06:29Z</published>
            <updated>2013-05-09T19:06:12Z</updated>
            <summary>If you feel like the inmates have taken over the asylum in the House of Representatives, Speaker John Boehner wants you to know that your suspicions are totally correct. </summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>If you feel like the inmates have taken over the asylum in the House of Representatives, Speaker John Boehner (R-OH) wants you to know that your suspicions are totally correct. </p>

<p>At his weekly Capitol briefing Thursday, Boehner faced questions about two aging and increasingly questionable elements of the GOP's legislative strategy: repeated votes to repeal the Affordable Care Act and continued efforts to extract partisan concessions from Democrats in exchange for increasing the debt ceiling.</p>

<p>In both cases, Boehner acknowledged that the conservative wing of the House is driving the agenda.</p>]]>
                <![CDATA[<p>"We've got 17 new members that have not had the opportunity to vote on the President's health care law," Boehner said, referring to next week's ACA repeal vote. "Frankly they've been asking for an opportunity to vote on it, and we're going to give it to them."</p>

<p>And the debt ceiling? Same basic story.</p>

<p>"Our conversations have begun," he said. "We're going to have a big conversation with our members next week to talk about a way forward -- what do our members believe is necessary to allow them to vote yes on increasing the debt limit?" </p>

<p>It's yet more evidence that the party's national and legislative strategies are driven by rank and file conservatives, not party leadership. </p>

<p>To his credit, Boehner tried to nudge the GOP conference away from an obsession with the Boehner rule -- the idea that debt limit increases must be paired with spending cuts of equal measure -- and toward naming other party priorities as its ransom. </p>

<p>But ironically that illustrates the fact that the rank and file is driving a strategy that was of questionable usefulness when the GOP adopted it the first time, and lost the rest after President Obama won re-election. </p>

<p>"[D]ealing with the long-term structural spending problem we have frankly is at the core of it. But we also know we can't cut our way to prosperity," Boehner said, perhaps unintentionally repeating one of Democrats' most common budget talking points. "We need real economic growth. And that's why you continue to hear a lot of discussion about tax reform, regulatory reform, that would help us produce economic growth here in our country."</p>]]>
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        <entry>
            <title>Meet Democrats&apos; Newest Republican Crush: Ted Cruz?!?!</title>
            <link rel="alternate" type="text/html" href="http://tpmdc.talkingpointsmemo.com/2013/05/meet-democrats-newest-republican-crush-ted-cruz.php" />
            <id>tag:tpmdc.talkingpointsmemo.com,2013://9075.406760</id>
            <published>2013-05-09T11:05:12Z</published>
            <updated>2013-05-09T12:44:13Z</updated>
            <summary>Democrats don&apos;t like Ted Cruz. But they also love him. And if their hate helps make Cruz the face of the GOP, all the better.</summary>
            <author>
                <name>Brian Beutler</name>
                <uri>http://www.brianbeutler.com</uri>
            </author>
            
            
            <content type="html" xml:lang="en" xml:base="http://tpmdc.talkingpointsmemo.com/">
                <![CDATA[<p>Starting around the time he launched a bogus attack on then-Defense Secretary nominee Chuck Hagel, Democrats have loved to hate Sen. Ted Cruz (R-TX). </p>

<p>They made sure as many as people as possible saw him condescend to Sen. Dianne Feinstein (D-CA), as she tried to advance an assault weapons ban in the wake of the Sandy Hook massacre. When he launched a failed filibuster of more modest gun legislation the public relations backlash (nurtured by Democrats) made him persona non grata with some members of his own party.</p>

<p>Among Democrats, he is one of the most widely cited opponents of immigration reform. </p>

<p>And this week no less a powerbroker than Senate Majority Leader Harry Reid (D-NV) called Cruz a "schoolyard bully" and the "very junior senator from Texas," after Cruz blocked further formal budget negotiations absent a pre-emptive Democratic surrender.</p>

<p>Yup, Democrats can't stand Ted Cruz. Except that they also kind of love him. </p>]]>
                <![CDATA[<p>Their distaste for his antics and his radical ideology is undoubtedly genuine. But Democrats are also thrilled that someone with those -- should we call them qualities? -- has emerged after the rout in 2012 as a Republican powerbroker in his own right, in a party whose leadership is too weak and timid to control him. And, the greater his stature in the party, the more harm they believe he'll do to the GOP nationwide, whether or not he runs for president in 2016.</p>

<p>"I think the buzz around Sen. Cruz, both on the Senate floor and over the airwaves, represents a sincere effort on the part of Democrats to highlight the true, new face of the GOP -- or at least its conservative wing (which is pretty much the whole bird these days)," Democratic strategist Paul Begala told TPM by email. "Just as Joe McCarthy embodied the paranoid extreme right in the 50s, Ted Cruz does so today. The difference is, in the 1950s mainstream Republicans like Pres. Eisenhower and Sen. Prescott Bush stood up to McCarthy, today's Republicans (with the notable and admirable exception of John McCain) are so cowed by Cruz you can almost hear them moo. And so it falls to Democrats to shine a light on him."</p>

<p>The dynamic resembles Democratic efforts to increase the stature of unelectable GOP candidates from Sharron Angle to Christine O'Donnell to Mitt Romney's many would-be rivals. In 2011, Nancy Pelosi roiled the Republican presidential primary <a href=http://tpmdc.talkingpointsmemo.com/2011/12/pelosi-democrats-gleeful-at-prospect-of-running-against-gingrich.php>when she told TPM</a>, "I like Barney Frank's quote the best, where he said 'I never thought I'd live such a good life that I would see Newt Gingrich be the nominee of the Republican Party,'" and alluded to a rich field of material Democrats would use against him.</p>

<p>Nobody was happier with her comments than <a href=http://2012.talkingpointsmemo.com/2011/12/gingrich-thanks-pelosi-for-the-early-christmas-gift.php?ref=fpa>Gingrich himself</a>. </p>

<p>Cruz and top Democrats enjoy a similar symbiosis. When Reid insults him, and when he gets under Feinstein's skin, that <i>helps him</i> with the GOP base. When Democratic strategist James Carville goes on national television to <a href="http://livewire.talkingpointsmemo.com/entry/carville-calls-cruz-most-talented-fearless-politician-in">acknowledge Cruz's talents</a> and kinda-sorta suggest Democrats would be scared to run against him, we recognize that as tried-and-true but harmless ratfucking, to use the technical term. Cruz sees it as an opportunity to <a href=http://www.mediaite.com/tv/ted-cruz-reacts-to-james-carvilles-praise-some-say-i-lack-civility-and-have-insulted-me-while-doing-so/>tout his conservative bona fides</a>. </p>

<p>Everyone wins -- except the rest of the GOP.</p>

<p>"It is fair to say that there's a general sense that the more Ted Cruz and Rand Paul are the face of the Republican Party, the worse it is for the Republican brand and the better it is for Democrats," said a senior Democratic Senate aide. "I think most [Republicans] get it, but I don't think there's anything they can do about it without risking a huge backlash given how beloved those guys are by the base. No one is stepping up to say, we Republicans need to come to our senses and do the right thing to preserve our brand. Everybody is just trying to survive their own race, and hoping some savior will come along and rebrand their party. Enter Eric Cantor ... aaaand, exit Eric Cantor."</p>

<p>Reached for comment for this story, a Cruz spokesperson declined to comment, except to say, "The senator's focused on his work for Texans in the Senate."</p>]]>
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