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Justice

BREAKING: Robert Byrd To Support Repeal Of DADT After Inserting Language Giving Congress 60 Days To Review Study

robert_byrd_official_portraitSen. Robert Byrd’s (D-WV) office has just sent me an email saying that the senator, who is a member of the Senate Armed Services Committee, will support the compromise to repeal Don’t Ask, Don’t Tell after successfully inserting language into the amendment that would “give Congress an additional 60 days to thoroughly review the implementation policy once certified”:

“I did not want to blindly assent to repealing this law without giving the Congress an opportunity to re-examine the concerns of our Armed Forces and the manner in which they are being addressed.”

Therefore, I worked with the Senate and House Leadership, Senators Lieberman and Levin, Congressman Murphy, the Administration and the Department of Defense to include a provision in the proposed compromise amendment that would delay the repeal of the ‘Don’t Ask – Don’t Tell’ policy for 60 days after receipt of the findings of the Pentagon Review and the determination of the proposed policy and regulation changes.”

“This period of time will allow the Congress, along with the American people, to thoroughly review the proposed policy recommendations to ensure that these changes are consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention for our Armed Forces.” “With these changes, I will support the amendment expected to be offered by Senator Lieberman to the Department of Defense Authorization bill.”

The new language will presumably send the issue back to Congress even after the results of the Defense Department review are certified by President Obama, Secretary of Defense Robert Gates and Joint Chiefs Chairman Mike Mullen. The full compromise now looks something like this: 1) Congress passes repeal as an attachment to the defense authorization bill, 2) once the study is completed on December 1, officials will certify that it does not undermine military effectiveness 3) once it’s certified, Congress has 60 days to “review” it before DADT is repealed. Byrd provides the 16th vote for repeal on the Senate Armed Services Committee, but under this scenario the ban won’t be eliminated until sometime in early 2011.

Read Byrd’s full statement HERE.

Update

Metro Weekly’s Chris Geidner, who has reviewed the new language, reports that the 60 day certification does not require additional Congressional action.


Update

,Geidner: “Best I can tell, Byrd’s statement is more spinning than fact; amendment simply says the law takes effect 60 days after conditions met.”


Update

,Read the language HERE.

Justice

Foreign Military Members, Jewish Groups Come Out In Support Of Repealing Don’t Ask, Don’t Tell

As advocates of repealing Don’t Ask, Don’t Tell (DADT) scramble to secure enough votes to pass a compromise that would delay implementation of a repeal until President Obama, Secretary of Defense Robert Gates, and Joint Chiefs of Staff Chairman Mike Mullen certify the results of the Defense Department’s study, religious groups and members of foreign militaries are throwing their support behind eliminating the policy.

Yesterday, a coalition of 10 major Jewish organizations, joined a growing number of religious organizations urging Congress to repeal DADT. “We believe this policy is unjust and become an anomaly among western nations,” the letter said. “Advanced militaries throughout the world, including many of our NATO allies and Israel, allow gay, lesbian and bisexual personnel to serve openly. It is time for the United States to repeal the ‘Don’t Ask, Don’t Tell,’ and we encourage you and colleagues to act swiftly.”

Indeed, writing in today’s Politico, members of the Dutch, Swedish and British militaries explain how their nations successfully transitioned to an open policy and how DADT undermines military coalitions:

For example, units of our own or other armed forces have refused to deploy in some joint operations with U.S. forces because gay service members would not work with the Americans — for fear of hostile reactions….We are aware of colleagues in our own militaries who don’t like it that gays and lesbians serve openly. However, despite considerable fears before we enacted these policies, such attitudes are rare. In no cases, in fact, have negative private opinions about gay people undermined our ability to work with one another. Our service members are professionals who care, first and foremost, about the ability to do the job. Moral opposition to homosexuality, while real, is just not allowed to undercut our militaries’ missions. Nor do we think it will have any impact on yours after you repeal “Don’t ask, don’t tell.” [...]

In fact, our polls, rhetoric and even threats of mass resignations were quite similar to the continuing resistance in America. Yet none of the doomsday scenarios came true….We are also puzzled about repeated claims we heard in Washington about the need for more research on “Don’t ask, don’t tell.” There is more than enough on-the-ground experience, as well as serious social science research, showing what will happen when the U.S. military allow gays and lesbians to utter the words, “I am gay” without getting fired.

We are confident that, despite the unique nature of each culture and military, you will have a similar experience to ours — which is that ending discrimination against gay troops was a giant nothing.

Larry Korb has noted that the experiences of these nations suggest that repeal can and should occur swiftly. Three of the United States’ closest allies—Israel, Canada, and the United Kingdom—”have successfully removed all restrictions on gays and lesbians in their armed forces since the early 1990s.” All three countries made quick, successful transitions to policies of open service without undermining military readiness or effectiveness. In fact, 30 months “after the policy change, the United Kingdom conducted a tri-service review of its transition to open service. The response was unquestionably positive. The Royal Air Force reported that “the overwhelming view of RAF [Commanding Officers] is that the change in policy was overdue…All COs agreed that there had been no tangible impact on operational effectiveness, team cohesion, or Service life generally.”

Politics

Far Right Christian Group Warns That ‘Gay Blood’ Will Destroy Our Military If DADT Is Repealed

The right has been girding for a fight to defend the military’s discriminatory “Don’t Ask, Don’t Tell” (DADT) policy after the White House and some members of Congress reached an agreement this week that will likely repeal it. House Republicans are “preparing to mount a vigorous defense” of the policy, Sen. John McCain is threatening a filibuster, and right-wing Christian groups are pressuring conservative lawmakers to toe the party line.

Today, right-wing hate-monger Cliff Kincaid’s group America’s Survival launched a repulsive fear campaign against repeal, warning that “disease-tainted gay blood threatens our troops.” The group’s abhorrent video — and the 60 page report that accompanies it — present ludicrous stereotypes of gay men and women, going so far as to claim that “open and active homosexuals into the U.S. military could very well result in the spreading of deadly HIV-tainted blood throughout the ranks”:

Of course, all would-be soldiers undergo mandatory HIV screening and are not allowed to serve if they are found to be positive. Kincaid mentions this, but as Joe.My.God noted, the press release “cites the singular example of an HIV-positive soldier infecting a 17 year-old male he met in a chat room. Because if it happened ONCE out of all those millions of soldiers…”

Kincaid goes on to warn that repealing DADT will lead to “transgendered individuals who want to dress up as members of the opposite sex and would cry ‘discrimination’ if they are not allowed to do so.” Ignoring the fact that service members of both genders often wear identical uniforms, Kincaid’s only example of this allegedly real threat is a fictional character from the TV show MASH.

TPM notes that, in a separate bit of right-wing hate mongering, the Family Research Council is warning that repealing DADT “will turn the U.S. military into a terrifying free-rape zone” where straight service members “will be fellated in their sleep against their will” and commanders are powerless to resist.

Yglesias

Endgame

By Matt Zeitlin

I had a job in the great north woods, working as a cook for a spell

- Eric Hobsbawm: eminent historian, occasional Stalin apologist, jazz critic

- I know it’s not Politico’s style, but it would be nice if they could at least allude to a way in which Obama’s response to the BP spill has erred on policy grounds.

- When people are formulating arguments in favor of rich people paying less in taxes, we should be suspicious of any and all claims they make.

- The case against Field of Dreams.

- We don’t have to care very much the complaints of people who are going to spend four hours in cold for the 2014 Super Bowl in New Jersey, but I think one can make a fair case that inclement weather makes football worse for the spectator.

- I’m a big Jonathan Franzen fan, and his recent short fiction in the New Yorker has been quite good. It would be cool to hear from the feminist blogosphere on the one from this week’s issue.

I know it’s a pretty clichéd Dylan song to pick, but YouTube is pretty sparse with good videos, so in honor of Robert Zimmerman’s 69th birthday, here’s Tangled Up in Blue.

Security

Arizona Wife Of Murdered Cop Asks Why Politicians’ Careers Are More Important Than Immigration Reform

Earlier this month, Think Progress reported that Julie Erfle, the widow of a police officer who was killed by an undocumented immigrant and whose name has often been invoked by supporters of Arizona’s new immigration law, accused the bill’s supporters of “using her husband’s name to benefit politically and financially.” Today, Erfle appeared on MSNBC with a new message: she wants politicians to tell her why their reelection campaigns are more important than pushing through immigration reform before the midterm elections:

BREWER: So, Julie, when you hear people like the person who really spear-headed this legislation [SB-1070], Russell Pearce, using your husbands name to sell the idea of this bill — what do you think you’re husband Nick would’ve thought of it.

ERFLE: I don’t think he would’ve been in favor of it. [...] And that’s why I’ve spoke out against it. But I’m not so much speaking out against SB-1070 as I am speaking for comprehensive immigration reform. We need immigration reform. We should’ve had immigration reform before my husband’s death. And now there is no better time. I keep hearing — well there’s a midterm coming up. It’s just too controversial. It’s too political. To that I say — “tell that to me.” I would like to hear from politicians, I would like them to sit down with me and say why this is too political, why their reelection is more important than doing something on immigration reform. Or perhaps they could have that conversation with my children. I would really like to hear why it is more important to be reelected than it is to solve this problem.

Watch it:

Erfle also added that her “biggest issue” with SB-1070 in particular, is that it allows Arizona citizens to sue police officers if they believe they are not going after undocumented immigrants. Today, a group of city policy chiefs from Tucson, Los Angeles, Philadelphia, Salt Lake City and Houston who oppose SB-1070 met with Attorney General Eric Holder to voice similar concerns. At a follow-up press conference, John Harris, police chief for Sahuarita, Arizona, stated “You have one side saying that we’re going to be racial profiling. You have another side in a portion of the law that allows people that don’t think we’re doing enough to sue us.” Harris concluded, “It makes it really difficult for us to police our communities.” Police chiefs across the country have been calling for comprehensive immigration reform for well over a year.

Around the same time Erfle appeared on MSNBC, Sen. John McCain (R-AZ) was griping on the Senate floor about how Congress can’t act on immigration reform until President Obama sends another few thousand National Guard troops to the border. While McCain’s colleague, Sen. Jon Kyl (R-AZ) maintains that Obama is holding border security hostage to immigration reform, others have suggested that McCain and his Republican cronies are holding immigration reform hostage to the tough reelection campaign he is facing.

Health

Are The HHS Educational Brochures Misleading Seniors About The Health Law?

seniorswiiWhile Republicans are still grumbling about the HHS brochure informing seniors about the benefits from the new health care law, NPR’s Julie Rovner reminds me that Democrats were complaining when the agency sent out information educating seniors about Medicare Part D:

Sound familiar? That’s because it’s almost identical to the flap that took place six years ago, except with the politcal parties in opposite roles.

Back then, it was a Republican administration trying to educate seniors about a new Medicare prescription drug law passed with mostly Republican votes. Democrats were so outraged at the time that they called for investigations by the Government Accountability Office and HHS’s own inspector General into whether the campaign was inappropriately political. “There is no purpose for these advertisements except to convince senior citizens that the Medicare bill is good for them. They are nothing more than propaganda for the Bush re-election campaign, using $23 million of the senior citizen’s own money,” said the late Sen. Edward Kennedy, D-Mass. [...]

In the end, those 2004 investigations did find the Bush administration’s mailings about the new drug benefit “misleading.” The GAO said the administration may also have illegally used public money to make what in effect were fake news reports about the law that did amount to propaganda.

The question now is whether this brochure can be labeled as purposely misleading. A quick reading suggests that it can’t; nor are Republicans really saying that anything is fundamentally untrue. They’re frustrated that the brochure does not include certain caveats or projects. Which is precisely the problem. Many of these benefits are not implemented until 2013 and 2014 and policymakers are relying on projections from the CBO and CMS to educate the public about the future effects of the law. The GOP can complain that the brochures don’t note very dissenting opinion, but they can’t claim that HHS is grossly misleading the public, particularly since they so vehemently defended Humana for sending unsubstantiated information about the health care law to its Medicare Advantage beneficiaries.

Yglesias

The Time-Honored Game of Blaming the Poor for their Poverty

By Jamelle Bouie

This is a bit old, but it’s worth commenting on regardless. Nick Kristof — an otherwise admirable guy — thinks it’s appropriate to chastise poor Africans for their consumption choices in the pages of the New York Times:

There’s an ugly secret of global poverty, one rarely acknowledged by aid groups or U.N. reports. It’s a blunt truth that is politically incorrect, heartbreaking, frustrating and ubiquitous:

It’s that if the poorest families spent as much money educating their children as they do on wine, cigarettes and prostitutes, their children’s prospects would be transformed. Much suffering is caused not only by low incomes, but also by shortsighted private spending decisions by heads of households.

Kristof comments that this “probably sounds sanctimonious, haughty and callous” and well, it does. Kristof comes dangerously close to sounding like the domestic commentators who blame the problems of inner-city African-Americans on a lack of personal responsibility and some kind of unique black “pathology.” These are the folks that chastise poor blacks for owning cell phones or drinking alcohol, as if that — and not broader systemic problems — is to blame for their poverty. Indeed, I’ll go ahead and quote South African blogger Sean Jacob’s charge that Kristof all but endorses “19th century views in which Westerners, and particularly white Westerners, decide whats good for poor, third world, mostly black, particularly black people.”

The truth is that there isn’t much evidence to suggest that the African poor — or the poor more generally — are any more short-sighted and foolish than their wealthier counterparts, domestically and abroad. Indeed, there is plenty to suggest that the world’s poor live fairly sophisticated economic lives, and are more than capable of saving and planning for the future. The lazy stereotype of the irresponsible poor is just that, a lazy stereotype. While poor spending choices undoubtedly prevent the progress of many poor people, ultimately, mass poverty is a systemic problem. And I think Kristof would agree; towards the end of his column, he makes good points about developing systems that would encourage more and greater saving in poor countries. Unfortunately, that decent suggestion is overshadowed by the rest of his “sanctimonious, haughty and callous” column.

Politics

Gingrich Attacks And Defends Bank Bailouts In The Same Interview

newt-gingNewt Gingrich recently sat down with fivethirtyeight.com for an interview promoting his new book To Save America in which he argues that America is being taken over by a “secular socialist machine.” Fivethirtyeight’s Tom Schaller asked about the 2008 bank bailouts, noting that some have called it a form of “corporate socialism.” In response, Gingrich attacked the Bush bailout and then-Treasury Secretary Henry Paulson for implementing it:

GINGRICH: I feel very strongly about that. I said at that time that I thought Henry Paulson should not have been Treasury Secretary. I thought it was totally wrong for the former chairman of Goldman Sachs to be funneling billions of dollars from the taxpayers to Goldman Sachs. And I have said over and over, you can’t have capitalism on the way up and socialism on the way down because you get socialism both ways.

Later in the interview, Schaller asked Gingrich what he thinks of President Bush, “under whom the first $3 trillion budget and first $1 trillion deficit was passed.” This time, Gingrich had some very different things to say about the bailouts. The former Speaker defended Bush’s tenure, adding that he had no choice but to push taxpayer money on the nation’s largest banks:

GINGRICH: I think that he was very sincere in his desire to protect America. I think he was very sincere in his basic conservative social values. I think he began his Administration with a real commitment on lower taxes and more economic growth, precisely in the Reagan model. And I think that late in his Administration that he was frankly worn down by the bureaucracies in Washington. [...]

And then I think when the crisis hit in the fall of 2008 everybody panicked. Candidly, there was a period there when you had the Federal Reserve chairman and the Secretary of the Treasury saying, “If we don’t do X, Y and Z, the entire world economy is going to collapse.” That’s pretty good grounds for stopping and trying to do something. It’s easy for people to say, “Well, I’d rather have risked a world depression.” But most of the people I talked to in the private sector at the time were really worried about the system freezing up totally.

So in the very same interview, Gingrich attacks the bailouts to play to the anti-government Tea Party crowd, but later justifies them to defend Bush.

But at least Gingrich is consistent on one thing: being inconsistent about his position on the bailouts. When Congress was debating the bailout legislation, he first urged the GOP “in the strongest language possible” to vote against it, but later that day, he said he was “trying to help get it through.” A month later, he urged Sen. John McCain (R-AZ) — who was running for president at the time — to distance himself from it.

Yglesias

School Segregation is (Still) Making a Comeback

By Jamelle Bouie

It seems that segregation is making it’s way back into New Orleans’ public schools:

Three out of five schools are dominated by minorities with fewer than 30 percent of their attendees being white. Of those schools, 84 percent of them are considered “very high poverty schools,” where more than 75 percent of students qualify for either free or reduced-fee lunches. Fewer than 20 percent of white students in the New Orleans region attend very high poverty schools (in contrast to 65 percent of black students).

More than 55 percent of the students in New Orleans attend charter schools, which the report insists are contributing to the disparities, in some cases, by skimming better kids by setting high qualifications for incoming students.

The unfortunate reality is that school resegregation* isn’t a new trend; since the mid-1990s, African-American and Latino students have been dramatically more likely to attend schools where they are a significant majority. At present, about one-sixth of African-American students and one-ninth of Latino students attend schools that are at least 99 percent minority. What’s more, these schools tend to be very high poverty, and educational outcomes suffer hugely in schools where the majority of students come from high poverty backgrounds.

It’s difficult to pinpoint the exact cause of school resegregation. Minorities make up a higher percentage of the population than they did a decade ago, and Latinos especially are concentrated in a few geographical regions. This feeds into housing segregation, which feeds into school resegregation. What’s more, there’s some evidence to suggest that charter schools are pushing some school districts towards inadvertent resegregation, as white students leave standard public schools.

Of course, you can’t discount the ongoing effort on part of the Supreme Court’s conservatives to dismantle mandated desegregation. In the 1991 Dowell case, the Court ruled that a federal desegregation order could be ended even if it subsequently resulted in re-segregation. The next year in Freeman v. Pitts, the Court held that a school district that had been under judicial review for school segregation could be freed of this review, even if some desegregation targets remained. This was followed by the 1995 Missouri v. Jenkins case, where the Court overturned a lower court ruling that the state of Missouri had to correct for de facto segregation in its schools. And in 2007, Chief Justice John Roberts — writing for himself, Justices Scalia, Thomas and Alito — ruled that racial balancing for the purpose of diversity is unconstitutional.

So to keep this short, not only have demographic and educational trends pushed schools towards resegregation, but there has been an active effort to prevent federal and state governments from mandating desegregation, under the idea that — expressed best by Chief Justice Roberts — “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

*It’s not the best term, since this is a radically different species than the segregation of old, but it is the most descriptive, and so I will continue to use it.

Economy

Kyl Stymies Small Business Bill By Threatening To Attach Amendment Slashing Taxes For Multimillionaires

Back in February, Sen. Jon Kyl (R-AZ) threatened to derail an extension of soon-to-expire unemployment benefits if he didn’t receive assurances that the Senate would act on his proposed cut in the estate tax, which would spend hundreds of billions of dollars to reduce tax bills for the richest 0.2 percent of estates in the country. Kyl eventually backed down, but he is at it again, this time with a new target: small business lending.

Yesterday, President Obama called on Congress to pass a $30 billion plan (funded by bailout money that big banks have repaid) that would facilitate lending from community banks to small businesses and also provide them with some tax breaks. Under the plan, “the banks would benefit from a lower interest rate on that capital — as low as 1 percent — if they increase their small business lending by 10 percent over 2009 levels.” Kyl, however, is standing in the way due to his insistence on cutting taxes for multimillionaires:

There was still a chance the Senate Finance Committee would take up an on-again, off-again small-business tax incentive bill in committee this week. Those negotiations have been stymied by Senate Minority Whip Kyl’s insistence on moving an estate tax bill soon, before it gets perilously close to next year’s 55 percent rate and $1 million exemption. He has threatened to offer an estate tax amendment to the small-business bill in committee, while Baucus is working to avert that outcome, which he argues could doom the small-business measure’s chances for bipartisan support.

As a reminder, Kyl wants to institute an estate tax of 35 percent with a $5 million exemption. The estate tax has currently expired, but is scheduled to come back next year at a 55 percent rate with a $1 million exemption, and the House has already approved permanently reinstating the tax at the 2009 level of 45 percent with a $3.5 million exemption. Let’s not forget that it was Kyl who personally scuttled a plan to simply reinstate the estate tax at the 2009 level for this year, which would have given lawmakers more time to come up with a permanent solution.

Kyl’s cut costs more than $300 billion relative to the current budget baseline, and $60 to $80 billion more than permanently extending 2009 law. And Kyl — along with his co-sponsor, Sen. Blanche Lincoln (D-AR) — are looking for spending offsets for that $80 billion, raising the prospect that Congress may actually raise money elsewhere to pay for a tax cut for the very wealthiest estates in the country. The Center on Budget and Policy Priorities has called the Lincoln-Kyl plan “deeply flawed” and “unaffordable.”

Republicans spend lots of time professing their love for small businesses — and falsely claiming that progressive policies will adversely cripple such businesses — but when push comes to shove, Kyl is making it clear where his priorities lie: with the ultra-wealthy.

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