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What Role Did Bradford Berenson Have In Bush’s Pardongate?

bberenson1.jpgAfter first pardoning “a Brooklyn real estate developer accused of scamming hundreds of poor, minority homebuyers – and whose father donated $28,500 to the Republican Party this year,” the Bush White House moved quickly this afternoon to reverse course. Bush revoked the pardon for Isaac Toussie after the White House acknowledged that the Brooklyn housing scammer did not meet pardon guidelines.

Putting aside the fact that Bush decided it was fine to grant a pardon for a predatory mortgage lender in the midst of a recession, there were a number of other improprieties in the pardon of Toussie:

– First of all, it had been granted by Bush despite the fact that the Pardon Attorney, Ronald L. Rogers, had not given a formal recommendation for it.

– Also, Toussie had not qualified for a pardon per Justice Department guidelines because it had not yet been five years since the completion of his sentence.

– Furthermore, Toussie’s pardon came after his father, Robert, made his first political donation of $28,500 to the national Republican party in April.

Perhaps the most intriguing matter is the process by which the White House decided to issue the pardon. Toussie had hired Bradford Berenson, a former top lawyer in the White House counsel’s office from 2001-2003, to handle the case.

Berenson may have been responsible for persuading his former White House colleagues to bypass the normal procedures. It wouldn’t be the first time Berenson has acted in that manner. In Angler — an introspective book on Dick Cheney’s vice presidency — author Barton Gellman documents an earlier attempt by Berenson to pull a fast one.

In Nov. 2001, with Berenson’s assistance, Vice President Cheney hastily pushed a legal memo through the White House which ordered that all terrorism suspects in U.S. custody could be detained indefinitely without charge. Berenson skirted normal vetting procedures:

After leaving Bush’s private dining room, the vice president took no chances on a last-minute objection. He sent the order on a swift path to execution that left no sign of his role. After Addington and Flanigan, the text passed to Berenson, the associate White House counsel. Cheney’s link to the document broke there: Berenson was not told of its provenance.

Berenson rushed the order to deputy staff secretary Stuart W. Bowen Jr., bearing instructions to prepare it for signature immediately — without advance distribution to the president’s top advisers. Bowen objected, he told colleagues later, saying he had handled thousands of presidential documents without ever bypassing strict procedures of coordination and review. He relented, one White House official said, only after “rapid, urgent persuasion” that Bush was standing by to sign and that the order was too sensitive to delay.

In an interview, Berenson said it was his understanding that “someone had briefed” the president “and gone over it” already. He added: “I don’t know who that was.”

Today, White House Press Secretary Dana Perino said she did not know of another instance of a pardon reversal in “recent memory,” but the White House couldn’t say for sure whether it had ever happened before.

The Toussie case isn’t over yet. “The president believes that the pardon attorney should have an opportunity to review this case before a decision on clemency is made,” Perino said. And that means Berenson will have an opportunity to continue to bill Toussie for another few weeks in an effort to secure an illegitimate pardon, again.

Update

The Washington Post reports Berenson’s reaction:

Berenson said in a statement that Toussie “is deeply grateful that both the Counsel to the President and the President himself found Mr. Toussie’s pardon application to have sufficient merit to be granted,” and suggested he remained optimistic about his chances. Berenson declined further comment.

Politics

Tennessee coal sludge disaster ‘shows that the term clean coal is an oxymoron.’

Monday, more than 500 million gallons of toxic coal sludge burst through a retention wall in eastern Tennessee, causing massive property and environmental damage and leaving residents holding their breath over possible long-term consequences. Environmentalists said the spill was more than 30 times larger than the Exxon Valdez oil spill. The incident underscored the false nature of the “clean coal” propaganda. In an interview with NBC Nightly News, Elliott Negin of the Union of Concerned Scientists explained:

This disaster shows that the term ‘clean coal’ is an oxymoron. It’s akin to saying ‘safe cigarette.’ Clean coal doesn’t exist.

Watch it:


The New York Times writes, “Even as the authority played down the risks, the spill reignited a debate over whether the federal government should regulate coal ash as a hazardous material. Similar ponds and mounds of ash exist at hundreds of coal plants around the nation.”

Update

CBS Evening News also aired a report on the disaster. Watch it here.

Yglesias

Math and Job Creation

Christina Romer has a PhD in economics from MIT and has been a professor at Princeton and then MIT before agreeing to serve as the head of Barack Obama’s Council of Economic Advisers. She’s one of the foremost authorities on the Great Depression. Lawrence Summers got tenure as an economics professor at Harvard when he was 28; he’s served as chief economist at the World Bank and as Secretary of Treausury and now he’ll be heading the National Economic Council. Paul Krugman just won a Nobel Prize in economics. These and other people approve of Obama’s plans for a deficit-financed job-creating stimulus package.

Under the circumstances, I really don’t understand how Bloomberg thinks it’s credible to run a Caroline Baum column titled “Obama’s Job-Creation Program Flunks Basic Math”. Brilliant and well-qualified people can be wrong about stuff, but surely Obama’s team knows “basic math.” They know advanced math! To claim otherwise is almost offensive to the reading public.

Meanwhile, her argument concludes with some paragraphs that might be plausible if you’ve been asleep for the past eight (or perhaps I should say 28) years:

It’s said, or used to be said, that government’s role is to create an environment that encourages private job creation. That used to mean a backdrop of low taxes and light regulation.

With the public clamoring for more stringent rules to prevent a recurrence of the current crisis, it doesn’t seem as if a business-friendly backdrop is even on the table.

Maybe that’s why the government has to do the private sector’s work.

Seriously? We’re in this current crisis because recent policy has been insufficiently business-friendly? Who thinks that?

Politics

Bush signs law protecting retirement savings for gay couples.

Yesterday, Bush signed into law the Worker, Retiree and Employer Recovery Act of 2008 (WRERA), requiring employers to allow employees to roll their retirement plans over to nonspouse partners. The Human Rights Campaign hailed the bill for allowing gay couples to share benefits:

PPA [Pension Protection Act of 2006] made it possible for employers to allow any nonspouse beneficiary of an employee’s retirement plan—including an employee’s same-sex partner—to roll inherited retirement benefits directly to an individual retirement account (IRA) and avoid immediate taxation. WRERA requires that all employers provide this rollover opportunity to nonspouse beneficiaries.

Yglesias

People Love Obama

obama_victory_1.jpg

Barack Obama continues to be stupendously popular:

Eighty-two percent of those questioned in a new CNN/Opinion Research Corporation poll released Wednesday morning approve of the way the Obama is handling his presidential transition. That’s up 3 points from when we asked this question at the beginning of December. Fifteen percent of those surveyed disapprove of the way Obama’s handling his transition, down 3 points from our last poll.

The 82 percent approval is higher than then President-elect George W. Bush 8 years ago, who had a 65 percent transition approval rating, and Bill Clinton, at 67 percent in 1992.

[...]

The poll also suggests that the public approves of the President-elect’s cabinet nominees, with 56 percent of those questioned saying Obama’s appointments have been outstanding or above average, with 32 percent feeling the picks have been average, and 11 percent saying Obama’s choices have been below average or poor.

That 56 percent figure is 18 points higher than those who said then President-elect Bush’s cabinet appointments were outstanding or above average and 26 points higher than those who felt the same way about then President-elect Clinton’s nominees.

[...]

A third say that their impression of Obama has gotten better since the election, with only 8 percent saying their opinion has gotten worse.

Of course that’s not going to last. But it does suggest that Obama should have some pretty wide latitude to drum up support for controversial moves. It would be interesting to see if, for example, Obama tries to use his popularity to move the needle on EFCA. But most important is going to be his economic stabilization/recovery policies. He’s got a lot of leeway, but if the economic situation doesn’t improve at some point that popularity will vanish.

Yglesias

Back Seat

I’m definitely concerned by reports of states that just want to use infrastructure stimulus money to build more sprawl-enabling highways. At the same time, the mere fact that “most” of some package may be targeted at roads rather than rails doesn’t necessarily make a package bad for rails — the appropriate baseline for these judgments is the current funding ratio which is nowhere near 50-50.

Yglesias

By Request: State Budgets

Sam Penrose asks:

Why do states have to balance their budgets every year?

One answer is “it’s not a very good idea.”

Another answer is that there’s no real reason and, in fact, they don’t really “have to” do it at all. As this primer from the National Conference of State Legislatures makes clear the nature of the balanced budget requirement varies from state-to-state in a number of respects, up to and including the fact that Vermont has no such legal requirement.

The practical issue is that no state has the capacity to issue the sort of routine, revolving debt instruments that are used to finance the federal deficit. I don’t think there’s anything actually stopping a state from trying to change its laws and build this capacity. I do suspect that if a state did try to move toward funding a structural deficit that people in other states might start to worry about what the broader consequences would be of Louisiana or Michigan defaulting on its debt and perhaps you’d see some kind of move to formalize the tradition of state balanced budgets.

But better than balanced budgets would, I think, be some kind of federal requirement for rainy day funds. States would, ideally, be made to sock away an amount of money equal to such-and-such a percentage of annual state expenditures. The funds would be “deposited” in some kind of federal account and then “released” by some kind of fiscal policy board that would also, obviously, have the authority to suspend the contribution requirement. I suppose there might be constitutional issues with this, though it’s not obvious to me that that’s the case.

Yglesias

The Sons of Afghanistan

Dexter Filkins reports on an emerging strategy in Afghanistan to adopt an analog of the “sons of Iraq” militia-recruitment efforts. Spencer Ackerman expresses some considerable skepticism about this.

I’m relatively sanguine. I’ve always thought — and continue to think — that our post-surge tactics in Iraq have been wildly unsuited to our nominal war aims and to our interests in the region. I think those tactics have “succeeded” by redefining our war aims to something like “save face irrespective of the financial, human, or strategic costs.” But in Afghanistan, I think this makes more sense. In Afghanistan, fighting al-Qaeda really is the overarching goal. Afghanistan has no real tradition of effective central government control. And since Afghanistan doesn’t have the same resource curse issues as Iraq, I think it’s much more plausible to imagine a modus vivendi between disparate armed factions being somewhat stable over time.

Politics

Rove Mocks Infrastructure Spending As ‘Goofy Pie-In-The-Sky Spending Ideas’

Yesterday, a water main break in Maryland trapped a dozen commuters in their cars and sent rescuers scrambling to pull motorists from frigid floodwaters. Despite the fact that officials had been warning for years of the dangers of the crumbling pipe system, Maryland did not have the money to make the necessary repairs. As ThinkProgress noted yesterday, the water main break is a wake-up call for the need for massive infrastructure spending by the federal government.

Just hours after the water main break, however, Karl Rove belittled the idea of infrastructure spending on Fox News, calling it “goofy, pie-in-the-sky spending ideas,” and agreed with host Rich Lowry that infrastructure spending doesn’t “make[] any economic sense”:

ROVE: What we’ve got to worry about some of these sort of goofy, pie-in-the-sky spending ideas in which this wisdom of the government is substituted for the wisdom of private individuals in the market, and there we have every right to question. For example, look, I’m in favor of infrastructure spending, but let’s be honest about it. It’s not stimulative. [...]

LOWRY: It also depends on — just because it’s an infrastructure project doesn’t mean it makes any economic sense.

ROVE: Exactly.

Watch it:

In fact, prominent economists agree that infrastructure spending will help boost the economy. As NPR reported, “Every $1 billion the federal government commits to roads, bridges and other infrastructure helps to support some 35,000 jobs.” A Center for American Progress report found that a $100 billion in a green infrastructure spending would create two million jobs in two years.

Rove echoed the conservative trope that cutting the corporate tax rate is the best way to stimulate the economy. In fact, the Bush administration has been “unusually aggressive” in forcing through corporate tax cuts this year. As the record of 2008 conclusively proves, cutting corporate taxes does nothing to stimulate the economy.

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