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Politics

Sen. Ben Nelson Announces Support For DADT Repeal Compromise

nelson1229Moments ago, Sen. Ben Nelson (D-NE) — who had previously told reporters that he would not support repealing Don’t Ask, Don’t Tell (DADT) before the military completed its year-long review of the policy — announced that he would vote for a compromise to delay implementation until after officials certified the findings of the review. Nelson’s support brings the total number of votes in the Senate Armed Services Committee to 15, enough to attach Sen. Joe Lieberman’s (I-CT) delayed-implementation amendment to the defense authorization measure on Thursday. When the amendment passes in committee, it would require 60 votes to strip repeal from the bill during the floor debate. The Defense Authorization bill is expected to pass both Houses and be signed by the President by late summer or early fall.

From Nelson’s statement today:

I will support the Lieberman compromise because it removes politics from the process. It bases implementation of the repeal on the Pentagon’s review and a determination by our military leaders that repeal is consistent with military readiness and effectiveness, and that the Pentagon has prepared the necessary regulations to make the changes.

“I spoke to Secretary Gates and he advised that while he preferred waiting until the study is completed, he can live with this compromise.

“The Lieberman compromise shows that Congress values the Pentagon’s review that will include the advice and viewpoints from our men in women in uniform, from outside experts and from the American people about how to implement the repeal. It rests ultimate authority to make this change with our military leaders. I believe this is the right thing to do.”

Until today, it was unclear if the new compromise would win over enough votes, but Nelson’s statement suggests that the compromise and Defense Secretary Robert Gates’ support, was critical to Nelson’s decision. As he told Metro Weekly last week, “I want to follow with the advice and the suggestions of Secretary of Defense Gates to have the study that is underway right now before we make that final decision — because it’s not a question of ‘whether,’ it’s a question of ‘how,” Nelson said. At that time, Nelson was also unsure if he could support the delayed-implementation approach. ““I don’t know,” Nelson said. “I haven’t seen that legislation. I know there’s probably some support for that, but I think it’s been made pretty clear by Secretary Gates that we shouldn’t take any action until the study is completed, and that’s my position. That’s where I’m going to stay.’”

More on the DADT compromise in today’s Progress Report.

Justice

After Robert Gates Endorses Compromise, Ben Nelson Says He Will Support DADT Repeal

nelson1229Moments ago, Sen. Ben Nelson (D-NE) — who had previously told reporters that he would not support repealing Don’t Ask, Don’t Tell (DADT) before the military completed its year-long review of the policy — announced that he would vote for a compromise to delay implementation until after officials certified the findings of the review. Nelson’s support brings the total number of votes in the Senate Armed Services Committee to 15, enough to attach the delayed-implementation amendment (offered by Sen. Joseph Lieberman (I-CT)) to the defense authorization measure on Thursday. When the amendment passes in committee, it would require 60 votes to strip repeal from the bill during the floor debate. The Defense Authorization bill is expected to pass both Houses and be signed by the President by late summer or early fall.

From Nelson’s statement:

I will support the Lieberman compromise because it removes politics from the process. It bases implementation of the repeal on the Pentagon’s review and a determination by our military leaders that repeal is consistent with military readiness and effectiveness, and that the Pentagon has prepared the necessary regulations to make the changes.

“I spoke to Secretary Gates and he advised that while he preferred waiting until the study is completed, he can live with this compromise.

“The Lieberman compromise shows that Congress values the Pentagon’s review that will include the advice and viewpoints from our men in women in uniform, from outside experts and from the American people about how to implement the repeal. It rests ultimate authority to make this change with our military leaders. I believe this is the right thing to do.”

Until today, it was unclear if the new compromise would win over enough votes, but Nelson’s statement suggests that the compromise and Defense Secretary Robert Gates’ support, was critical to Nelson’s decision. As he told Metro Weekly last week, “I want to follow with the advice and the suggestions of Secretary of Defense Gates to have the study that is underway right now before we make that final decision — because it’s not a question of ‘whether,’ it’s a question of ‘how,” Nelson said. At that time, Nelson was also unsure if he could support the delayed-implementation approach. ““I don’t know,” Nelson said. “I haven’t seen that legislation. I know there’s probably some support for that, but I think it’s been made pretty clear by Secretary Gates that we shouldn’t take any action until the study is completed, and that’s my position. That’s where I’m going to stay.’”

Politics

Ben Nelson is unfamiliar with ATM fees because he’s never used an ATM.

Sen. Tom Harkin (D-IA) has been unsuccessfully trying to get the Senate to vote on an amendment to the financial regulatory reform bill that would cap ATM fees at 50 cents. Part of the Senate’s disinterest, according to the Omaha World Herald, may be that senators haven’t experienced coughing up a few dollars to withdraw money. The paper reported today that at least one senator, Sen. Ben Nelson (D-NE), claims that “while he’s no fan of unnecessary fees, he’s unfamiliar with the charges” because he’s never used an ATM:

“I’ve never used an ATM, so I don’t know what the fees are,” Nelson said, adding that he gets his cash from bank tellers, just not automatic ones. “It’s true, I don’t know how to use one.” “But I could learn how to do it just like I’ve…I swipe to get my own gas, buy groceries. I know about the holograms.

By “holograms,” Nelson clarified that he meant the bar codes on products read by automatic scanners in the checkout lanes at stores such as Lowe’s and Menard’s. “I go and get my own seating assignment on an airplane,” Nelson said. “I mean, I’m not without some skills. I just haven’t had the need to use an ATM.”

As the World Herald noted, there is an ATM in the basement of the Capitol Building “which prominently displays one of those ‘Fee Notice’ signs that frustrate so many constituents.” Making a withdrawal from it with a card not issued by the U.S. Senate Federal Credit Union costs $2. (HT: Nico Pitney)

Yglesias

Ben Nelson and Berkshire Hathaway

File-Ben_Nelson_official_photo

Rachel Slajda flags Ben Nelson’s curious outburst against critics of his apparently Buffet-motivated filibuster of financial regulatory reform:

To be absolutely clear, I did not vote no because of Berkshire Hathaway. Nor did the fact that I and my wife have owned Berkshire stock for 30+ years have anything to do with my vote. It has never been an issue. It isn’t now,” he said in a statement. “I voted no because of concerns about what is in the underlying bill drafted by Senator Dodd.”

He said he did support the exemption Berkshire wanted, as a matter of policy. To force existing contracts to conform to new rules, he said, would be unconstitutional.

So he wanted the same think Berkshire wanted, and he owns shares in Berkshire, and Berkshire is located in his home state, and he filibustered the bill, but he didn’t filibuster the bill because of Berkshire’s concerns. It’s just a big coincidence. Now we’re clear.

Meanwhile, the rule in question is clearly constitutional. In fact, if it were unconstitutional it probably wouldn’t bother Warren Buffet so much. He’s concerned precisely because the law would be enforced and he doesn’t want to comply with it.

Politics

Is Sen. Ben Nelson Looking For A New ‘Cornhusker Kickback’ In Wall Street Reform?

Nelson3 Yesterday afternoon, as expected, Senate Republicans voted en masse to block debate on Sen. Chris Dodd’s (D-CT) bill to regulate Wall Street. Surprisingly, however, Sen. Ben Nelson (D-NE) also voted no. Nelson had been “quiet” about the bill in recent weeks, but his “decision to vote no will give Republicans ammunition to charge that opposition to the bill as it now stands is bipartisan.”

So why did Nelson help block the measure while 65 percent of Americans support Wall Street reform? Speculation immediately turned to Nelson’s relationship with one of his most important constituents, billionaire investor Warren Buffet and his Nebraska-based company Berkshire Hathaway. Just hours before the vote, Senate Democrats killed a provision “sought by Berkshire and pushed by” Nelson that would have potentially saved the investment firm $8 billion, the Wall Street Journal reports:

Senate Democrats agreed Monday to kill a provision from their derivatives bill pushed by Warren Buffett’s Berkshire Hathaway Inc., a change one analyst predicted could force the Nebraska company to set aside up to $8 billion.

The Senate Agriculture Committee inserted language into its derivatives bill last week at the request of Sen. Ben Nelson (D., Neb.) that would have exempted any existing derivatives contracts from new collateral requirements—the money set aside to cover potential losses.

Berkshire has $63 billion in derivatives contracts, and Mr. Buffett has boasted he holds very little collateral against these products. [...]

The provision would have helped all companies with existing contracts. Capitol Hill aides said, however, that Berkshire pushed forcefully for the change because of its large book of derivatives.

The White House and Treasury Department had strongly opposed the change sought by Berkshire, “on the grounds that it would weaken the government’s ability to regulate the enormous market for derivatives.”

Berkshire officials “have long supported” Nelson, giving him more money over his political career than those of any other company. A Nelson spokesperson admitted before the vote that Berkshire had lobbied Nelson, but said the senator had always believed the new rules should not apply retroactively. After the vote, Nelson said his opposition was due to concern about how the bill would affect small businesses, such as dentists and auto dealers, saying, “I want to make sure this deals with Wall Street and not Main Street.” An aide said “Berkshire Hathaway was not was a factor.”

But Dodd said the removal of the Buffett carve-out was likely responsible for Nelon’s opposition:

Asked about Nelson’s vote, Dodd said he couldn’t accommodate the Nebraskan’s push to exempt some companies from having to back up their derivative investments with additional collateral. [...]

Dodd, who was seen conversing with Nelson and Senate Majority Leader Harry Reid (D-Nev.) before the vote, said the conversation revolved around the derivatives exemption.

“Dentists and auto dealers didn’t come up,” he said when asked.

A Senate aide agreed, “definitively” saying that Nelson switched his voted after Democrats dropped the Buffett carve-out. “He was on board until today and the only thing that changed was the removal of that provision,” the aide said.

“Has Nelson forgotten how the Cornhusker Kickback saga played out? That it became a huge embarrassment for him personally, for his party, and for his state?” Matt Yglesias asks. “It’s groundhog day here,” Dodd said laughing.

Update

Last year, Nelson and his wife reported owning up to $6 million in Berkshire Hathaway stocks.

Yglesias

Ben Nelson Has Apparently Learned Nothing

File-Ben_Nelson_official_photo

That all 41 Republicans decided to lock arms and block consideration of a financial regulatory reform bill late yesterday wasn’t a surprise. The GOP doesn’t say it opposes any effort to bring Wall Street to heel, but whatever ideas they may have about modifying Chris Dodd’s proposal they don’t want to talk about them in public so their strategy is to prevent formal debate while the press the case for watering the bill down in private.

Ben Nelson’s vote, by contrast, is puzzling. Annie Lowrey summarizes:

Regardless, the optics are terrible. Nelson’s “Cornhusker Kickback” delayed health care reform. Today [i.e., yesterday], news broke that Warren Buffett, the head of Berkshire Hathaway and a resident of Omaha, lobbied for the Senate Agriculture Committee, on which Nelson sits, to create a derivatives loophole that would benefit his company to the tune of billions, a proposal Senate Democrats swatted down. And now, Nelson is holding up progress on the financial front again.

Has Nelson forgotten how the Cornhusker Kickback saga played out? That it became a huge embarrassment for him personally, for his party, and for his state? These close votes on big issues are a great opportunity for Senators with specific policy priorities to get things done. It’s an opportunity that Nelson squandered on health care by asking for something petty and squalid, and it’s something he seems to want to squander anew with this purely parochial concern for the interests of his richest constituent.

Climate Progress

Ben Nelson’s Logically Incoherent Stance On Cap And Trade

Ben NelsonThere seems to be something about climate policy that encourages senators to take positions that are logically impossible. In the latest instance, Sen. Ben Nelson (D-NE) has now managed to simultaneously oppose and support a carbon command-and-control regime. Nelson is one of three Democrats to co-sponsor Sen. Lisa Murkowski’s (R-AK) resolution overturning the EPA’s greenhouse gas endangerment finding, supposedly because “EPA regulations would be a government-directed command-and-control regime”:

I am very concerned about the impact on Nebraska if EPA moves to regulate carbon emissions. Many Nebraska agricultural, industrial and energy-related businesses and organizations have warned about the costs they would have to shoulder from EPA regulations. Because EPA regulations would be a government-directed command-and-control regime, they would raise the price of energy in Nebraska, add greatly to administrative costs, and create new layers of bureaucracy. The burden would fall squarely on Nebraska families, farmers and businesses.

The EPA’s rules will function as a soft cap on large emitters of global warming pollution, most of whom are already covered by Clean Air Act permits for traditional pollution. No new layers of bureaucracy will be created. However, the cost of fossil-based energy would slowly rise. Because it would be legally difficult for the EPA to establish an emissions trading system, companies could not use market means to mitigate those costs.

The ability of trading markets to reduce compliance costs for pollution reduction is the key selling point of a Congressionally established cap-and-trade market as opposed to a command-and-control regime. However, Nelson has also indicated he opposes a cap-and-trade system:

Nelson said he has not had detailed conversations yet with Kerry, Graham and Lieberman. But he said he is open to negotiations on setting a limit on greenhouse gas emissions. “I want to see what the legislation does,” he said. “I said I can support cap. I have trouble with cap and trade, the trade part of it. So if it’s cap and trade, watered down, and it’s only the trade watered down, that won’t satisfy me.”

A cap without “trade” is by definition a command-and-control regime — which Nelson has said he opposes on economic grounds. But he claims to oppose a cap with “trade” on populist grounds. In short, he’s using logically inconsistent excuses to block both executive branch and legislative branch action on global warming.

Nelson may be trying to pander to polls, which show that the phrase “cap and trade” is unpopular by comparison to Americans’ desire for the government to regulate polluters and support clean energy investment. Or maybe he’s pandering to his corporate polluter donors, who need senators like Nelson to maintain the Bush-Cheney status quo.

Health

Ben Nelson Planned To Filibuster Conference Report, Admits Current Law Already Prevents Public Money From Funding Abortion

Sen. Ben Nelson (D-NE)During last year’s health care debate, Sen. Ben Nelson (D-NE) insisted on inserting specific language into the Senate health care bill that prevented public dollars from funding abortion services and asked leadership to adopt the restrictive abortion language “that might be compatible with the Stupak language in the House.” Majority Leader Harry Reid (D-NV) refused to incorporate the House bill’s Stupak restrictions and Nelson, along with Sens. Orrin Hatch (R-UT) and Bob Casey (D-PA), introduced a similar amendment that withheld affordability credits from women enrolled in plans that offered abortion services. Once the Senate tabled the measure, Nelson held out his 60th vote until negotiators implemented a compromise that required women to write a separate check for abortion services.

But yesterday, in an interview with LifeSiteNews.com Nelson said that he agreed to the compromise to “get” the final bill into conference and planned to use his leverage as the 60th vote, to insert his original amendment into in the final conference report:

LSN: OK, so you were planning on coming back…
NELSON: Absolutely. That is what I was just trying to tell the gentleman who was arguing about the 60th vote.
LSN: What made you think that it had a shot, after conference?
NELSON: Because they needed 60 votes again.
LSN: Right, but before, you voted for it even without it –
NELSON: To get it there….But, once it went to conference, as part of the conference, there was still another 60 vote threshold, and that is when I would have insisted and that is what Christy was talking about when I mentioned this on the phone – how we would approach this in conference to say, for my last 60th vote, it has to have Nelson/Hatch/Casey.
LSN: Why didn’t you stop it right then and there and say, “No Nelson/Hatch – nothing.”
NELSON: Because, at that point and time, the leverage wasn’t as strong – you have to play it [...]
LSN: So, if we got to conference and it was just the Nelson not the Nelson/Hatch/Casey – you would say ‘yes’ because you think it was good enough.
NELSON: I could have but I was going to say – and this was all the plan – that I would insist that it be Nelson/Hatch/Casey.

Nelson also said that federal law — the so–called Hyde restrictions — already prevented federal money from funding abortions that did not result from pregnancies that threaten the life of the woman, rape or incest, and admitted that his amendment was a redundancy. “I think it was probably necessary to clear up any question about it that somebody might have – but if Hyde truly applies…It was a belt and suspenders approach … to make sure that it was clear that it didn’t… This was just to make it clear,” he said.

Yglesias

Ben Nelson Reminisces About When People Cares What He Thinks

The clearest path forward for health reform is for House Democrats to (a) pass the Senate bill, and (b) pass a “sidecar” of amendments that deal with reconciliation-eligible topics, allowing House leaders to improve the bill by modifying the “cadillac” tax and replacing the Senate’s state-based exchanges with a nationwide exchange. But Carrie Budoff Brown reports that not every Senator likes this idea:

Sen. Ben Nelson (D-Neb.) said Monday that he would oppose any health care reform bill with a national insurance exchange, which he described as a dealbreaker.

“The national exchange is unnecessary and I wouldn’t support something that would start us down the road of federal regulation of insurance and a single-payer plan,” Nelson told reporters Monday.

If Senate Democrats still had 60 votes, this would matter a lot.

Note that Nelson’s statement is ridiculous. A nationwide exchange on which people can buy health insurance plans from private, for-profit health insurance companies starts us down the road to a single-payer plan in the same sense that the road from the Capitol to National Airport starts us down the road to Santiago, Chile.

The real point, however, is that Nelson’s views are irrelevant. The exchange set-up will either be determined by reconciliation or else nothing will be done. Either way, he doesn’t matter. And this, incidentally, is the reason why the Democrats are so reluctant to do things with reconciliation or to curb the filibuster. Each of them is more important under a supermajority rule than they would be under a majority rule, even if it renders them collectively impotent.

Update

It’s worth emphasizing that even the so-called “national exchange” isn’t all that national.

Climate Progress

Ben Nelson Joins The Global Warming Denial Caucus

Ben NelsonSen. Ben Nelson (D-NE) is the third Democrat to co-sponsor a resolution to overturn the scientific finding that greenhouse gases endanger the American public. Yesterday, Nelson joined Sen. Mary Landrieu (D-LA) and Sen. Blanche Lincoln (D-AR) in supporting Sen. Lisa Murkowski’s (R-AK) lobbyist-designed resolution, Senate Joint Resolution 26, dubbed the “Dirty Air Act” by climate activists. Nelson justified his move to protect polluters from scientific reality by complaining that senators “don’t need EPA looking over Congress’ shoulder telling us we’re not moving fast enough”:

Controlling the levels of carbon emissions is the job of Congress. We don’t need EPA looking over Congress’ shoulder telling us we’re not moving fast enough. I am very concerned about the impact on Nebraska if EPA moves to regulate carbon emissions. Many Nebraska agricultural, industrial and energy-related businesses and organizations have warned about the costs they would have to shoulder from EPA regulations. Because EPA regulations would be a government-directed command-and-control regime, they would raise the price of energy in Nebraska, add greatly to administrative costs, and create new layers of bureaucracy. The burden would fall squarely on Nebraska families, farmers and businesses.

Scientists have been warning Washington D.C. about the dangers of greenhouse gases for over three decades now. Their work was suppressed by George W. Bush and Dick Cheney for eight years. Now it appears Ben Nelson and his ilk are stepping in to take their place.

In reality, nearly all of the pollution sites that would fall under greenhouse gas rules are already subject to Clean Air Act permits for other pollutants, such as mercury, sulfur dioxide, and soot. As the last 40 years of success for the Clean Air Act have proven, its enforcement cleans the air, improves the public’s health, and strengthens our economy by rewarding efficiency and innovation instead of pollution.

Meanwhile, the costs of climate damages rise for Nelson’s state, falling squarely on Nebraska families, farmers, and businesses. Nearly all of Nebraska has been declared a disaster area because of drought, severe storms, tornadoes, and flooding.

Nelson further claimed that he believes “carbon emissions should be reduced”:

Carbon emissions should be reduced, but not through costly and complicated EPA regulations or a disadvantageous cap and trade proposal in Congress. They should be reduced through a comprehensive energy bill that promotes efficiencies and renewable energy through innovation and new technology that will help our state’s economy as we clean up the air.

Nelson has never supported a bill or policy that would achieve those goals. He opposed Lieberman-Warner in 2008, voted against McCain-Lieberman in 2005, and skipped the vote on McCain-Lieberman in 2003.

Nelson seemingly prefers to listen to his polluter donors than to scientific fact. In 2009 alone, Nelson received $553,300 from agribusiness, $164,200 from oil and gas interests, and $140,199 from electric utilities. Nelson has even taken $31,500 from the virulently right-wing Koch Industries, the private pollution giant that has mobilized tea party opposition to climate and health care legislation. Berkshire Hathaway, whose subsidiary MidAmerican Energy is one of the nation’s largest coal-powered utilities, opposes climate legislation and has given Nelson $51,800. Coal-hauling Union Pacific is Nelson’s number-three contributor at $49,750.

Ben Nelson's Dirty Money

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