Warning: there is a lot of "No, we won't" out there


I'm just as excited by Senator Obama's victory as anyone else who has never experienced a great President in his or her lifetime (I was born midway through Eisenhower's second term), but all this "the nation is transformed" talk has got to stop.  Or at least, if you need to say it, don't actually drink the Kool-Aid.

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Rachel Maddow Turning Into Wolf Blitzer?


This may be difficult to remember because it was so long ago, but Wolf Blitzer was once a serious reporter.  Even when he started reporting for CNN from Israel, his spots tended to provide actual information.

Then he saw his star rising.

Keen observation became too dangerous; speaking without shouting became too boring.

And then came the dreaded false equivalence bug: a Respected and Neutral Anchor could not afford to appear to be biased.  The easiest way to accomplish this?  Turn everything into a question about process.  "Candidate X: your opponent says that the sky is not blue -- are you concerned that this line of attack may be resonating with voters?"  In short, preside over bits of infotainment, making sure never to open one's eyes (let alone one's mouth) to what is true and false.


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Bloomberg Devotee: It's the rich who matter


Progressive New Yorkers are often tempted to shake their heads in wonder when they looking out across a national landscape where those who fight back against the class warfare so successfully waged by the wealthy are still being red-baited.  Tempted, that is, until they stop and wonder why, in a City where the legislative Council is 94% Democratic, progressive governance and accomplishments seem such a distant dream.

The sobering reality is that we in New York City remain well in the grip of a version of trickle-down economics not so far removed from that of Bush and McCain.  While our current Mayor, beloved by the press and his fellow moguls, is presented as The Hero who will right our ship of state, we get no explanation of how he managed to leave New York so dependent on, and so vulnerable to, the Wall Street economy.

Every once in a while, however, a window is opened on the embedded assumptions that shape City politics.  The New York Times recently interviewed Felix Rohatyn, long-famed for bringing New York "back from the brink" of fiscal ruin in 1975.  Rohatyn thinks we couldn't possibly have a better Mayor than Mike Bloomberg (Bloomberg is "as indispensable as anyone I know in doing that job").  Apparently Rohatyn is particularly reassured by comparing Bloomberg to himself: "I don't think there's anything I know about finance that [Bloomberg] doesn't know or can't get by snapping his fingers").

Entirely missing from Rohatyn's analysis, of course, was any reason why anyone should believe that Bloomberg has been or will be looking out for New York's middle and working classes.  And Rohatyn provided the reporter (Sam Roberts) with a wonderful insight into why:  The test of the city," says Rohatyn, "is whether it keeps attracting rich people, important people..."

It is thinking like this that perenially causes City policies to be skewed to favor the wealthy and well-connected, and that trivializes the essential question of how New York can continue to function when housing has become unaffordable for so many.  

A "financial whiz" like Rohaytn or Bloomberg is always sensitive to the possibility that the wealthy might flee (though few remember that Bloomberg initially tried to lower taxes on the wealthiest New Yorkers, and lost the Commuter Tax in the bargain).  What they never seem to get is that rising rents combined with the loss of rent-regulated units from the system operate as the equivalent of huge tax increases on those who are not wealthy.  Mayor Bloomberg has never lifted a finger to strengthen rent regulation, preferring the system to die the death intended when George Pataki put the system on the road to ruin.  

But maybe the City will keep on attracting rich people, important people.  That's what counts, isn't it?

 

Rock-solid documentation of Socialist pronouncements


"No man should receive a dollar unless that dollar has been fairly earned. Every dollar received should represent a dollar's worth of service rendered, not gambling in stocks, but service rendered. The really big fortune, the swollen fortune, by the mere fact of its size, acquires qualities which differentiate it in kind as well as in degree from what is possessed by men of relatively small means. Therefore, I believe in a graduated income tax on big fortunes, and in another tax which is far more easily collected and far more effective: a graduated inheritance tax on big fortunes, properly safeguarded against evasion, and increasing rapidly in amount with the size of the estate."

Notice that the call is not only for a progressive Income Tax, but for a virtually confiscatory Estate Tax as well.  

Who would have the temerity to so unabashedly tout the "Socialist line" in the United States?

Teddy Roosevelt, in 1910.

Overcoming filibuster-phobia


Why has George Bush not needed to veto more legislation these last 21 months despite Democratic control of Congress?  The Democrats' razor-thin margin in the Senate doesn't provide an answer: even the smallest margin allows the majority party to control the agenda.  The conventional response from inside the Senate Democratic Caucus has been, "We don't have 60 votes."

Sixty is seen as the magic number because only 60 votes will guarantee success on a cloture motion (the procedural device that limits further debate on a measure to a time certain).  By this logic, however, all progressive legislation is forever held hostage so long as Republicans can muster 41 votes (which they will surely be able to do, regardless of how well the election goes for Democrats).

There is a simple alternative.  Select a bill with broad popular support, like the bill to overturn the Supreme Court's narrowing of the Equal Pay Act.  The bill would have the support of a President Obama, and would be passed in the House.  In the Senate, challenge Republicans to vote "no" on a motion for cloture.  If the motion fails, dare the Republicans to filibuster against equal for women, keeping the Senate in session for as long as Republicans want to have that stance define them.

In other words, "just say no" to the habit of letting the Republicans off the hook with a single "no" vote on cloture.  Instead, put them to the test of sustaining a wildly unpopular filibuster.  With proper issue selection -- other examples include pegging the minimum wage to increases in inflation and permanently setting the estate tax exemption at a level the insulates everyone except the wealthiest among us -- Democrats can make it substantially more difficult for their opponents to maintain successfully the reactionary posture they've patented over the course of 40 years.

Does this proposal mean that "reaching across the aisle" in order to "get things done" doesn't make sense?  To the contrary, this proposal will facilitate the process of reaching across the aisle.  The difference is that Democrats will be reaching across from a position of strength, not weakness.

 

  

 

 

 

 

 

 

Bloomberg: I'm more indispensable than Lincoln or FDR


Or: being a billionaire with adoring editorial boards in your pocket means that you can lie shamelessly, and never have to say you're sorry.

In 1864, the Civil War was raging.  As late as July, victory for the Union was looking unlikely, and it was widely expected that President Lincoln would lose his bid to be re-elected.  Many of the President's advisors urged him to postpone the election in the interest of the nation.  Lincoln rejected the idea: "We cannot have free government without elections; and if the rebellion could force us to forego or postpone a national election, it might already fairly claim to have conquered and ruined us."

New York City's last two Mayors have had a very different view of individual indispensability.  

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McCain's Gift to Obama: "I'm not George Bush"


Virtually all media observers thought that Senator McCain got off "the line of the night" when he told Senator Obama that he, McCain, is not George Bush.  Hearing that line told me two very different things.  First, poor media coverage (ideological blinders aside) reflects a profound misunderstanding of the difference between an assertion on the on hand and the presentation of evidence on the other.  Second, attempts to "make this a horse race" notwithstanding, Senator Obama should have a very good next few days.

Pre-debate, I wrote that one of the problems with coverage is that media tend to weigh comments not by substance but by the frequency of repetition (hence "No, I'm not" and "Yes, you are" are treated, just like in elementary school, as neutralizing one another).  By anyone's estimation, Senator Obama has, for months, been assembling and deploying a mass of evidence to demonstrate that Senator McCain fundamentally follows the philosophy of President Bush.  Yet to the media, trotting out the set piece of "No, I'm not" is the same as demonstrating that one is not.  On the central economic issues, McCain proved that, indeed, he is Bush redux (we can't have any of that redistribution of income away from the wealthy; we need to continue tax policies that redistribute income to the wealthy.

Just as Richard Nixon's infamous "I am not a crook" defense ultimately did not help him, McCain's "I am not the President with the lowest approval rating" will not help him, either.  The more attention the media give to "the line of the night," the more the Obama campaign will have the opportunity to say, "Well, let's talk about that."

And that is exactly what the Obama campaign should want to be doing.


Bob Schieffer's Top Ten Embedded Assumptions


When you're pulling your hair out during the debate tonight, it is not because Bob Schieffer thinks he is in league with Republicans.  It is not even because Schieffer has palled around with McCain.  Indeed, the likelihood is that if Schieffer were being honest (that is, honest to the extent of his self-knowledge), he would admit to identifying as a Democrat.

No, the problem is the embedded assumptions that distort the lens through which Schieffer (and many of his colleagues) see and understand the world.  These are the kind of assumptions that let an Alan Greenspan be represented year after year as a sage, and that currently treat Mike Bloomberg's financial success in building a financial information services company as even vaguely relevant to the skills needed to run a City.  These are the assumptions that require no "conspiracy" or "coordination," just a shared sense of what "everyone knows" to be true.

1. "Everyone knows" that social security must be "reformed" (tip of the hat to Tom Brokaw for trotting this out last time).  No, there is an elite consensus that we should choose to make people live in more constrained circumstances in their retirement rather than more equitably distribute income to enable people to continue to receive the benefits they receive today.  Even if Schieffer were to ask McCain about McCain's admission at the last debate that he would cut social security benefits (today's workers will not get the same benefits as current retirees), Schieffer wouldn't know how to follow-up: Schieffer would believe that McCain was giving the "correct" answer to recite the need for "reform."

2. "Everybody knows" that "both candidates" are being "unrealistic" by refusing to back away from their spending proposals in the face of the financial crisis.  Perhaps Schieffer believes that any Republican President in the last 40 years has been interested in balancing the budget.  He doesn't remember or want to remember that David Stockman admitted that the strategy of the Reagan Administration was to starve the government of funds so that domestic programs would be seen to be an unaffordable luxury.  Also outside Schieffer's frame of reference is the fact that the Great Depression was not resolved by "belt tightening" by but massive government spending brought on by World War II.

3. People want "tax cuts," Democrats are one who tax and spend, and thus Democrats are "vulnerable" on the tax question.  "Senator Obama, aren't you really going to raise taxes on ____?"  It doesn't matter how many tax schemes are wildly skewed to favor the wealthy, we only hear about "class warfare" when the goal is to create more equity (we can safely predict that Senator McCain won't be asked why he is seeking continue to wage the class warfare against the poor and middle class that the richest among us have successfully waged for the last eight years).

4. Senator McCain has the national security credentials, and thus Senator Obama needs to "prove" himself.  Democrats have been allowing themselves to be bullied on national security issues since the McCarthy era, so it is not surprising that Schieffer and his colleagues find it unimaginable that Obama doesn't simply fall down when McCain attacks.  So we're much more likely to hear about the success of the surge than we are to hear about the Republican abandonment of Afghanistan.

5. Afghanistan, of course, reminds us of a crucial basis for all of the embedded assumptions: history began yesterday, or, at the longest, a week ago (except for attacks on Obama's supposed associations).  As such, Schieffer accepts the master narrative of Republicans -- starting with Reagan -- standing tall to defeat our adversaries, a thrilling counterpoint to the defeatism of Vietnam.  There can be 20 books written about blowback, and patient explanations given of how the U.S. supported and enabled bin Laden and supported and enabled Hussein, but all of that simply doesn't exist in Schieffer-world.

6. Conservation is nice, but economic growth depends on robust energy use.  In the first iteration of this appeal to a vanished world (the gas tax holiday) the press could not believe that Obama wasn't swamped by the gimmick.  The most deeply embedded assumption is that "economic growth" depends on growth in population, consumption, and building.  For all of Schieffer's promises to hold the candidates' feet to the fire, don't expect Senator McCain to be asked to confirm that all experts believe that "drill, baby, drill" won't yield a drop for years.  Or whether McCain really thinks that a concern about the safety of nuclear power plants is silly.

7. Both candidates need to be pushed on negativism, as though all "attacks" are equal (yes, false equivalence is actually Commandment Number 1).  False and irrelevant versus true and relevant?  Both have been said, so both are attacks and both weigh the same.

8.The Republican view of the campaign is what the campaign is about. This will likely lead (as it had in the past) to probing Obama with an "are you a bad guy" question, and to "digging equally deeply" to ask McCain, "Is Obama a bad guy?"  On the other hand, we might get to see Obama challenged as to whether he is unfairly attacking McCain, and McCain asked whether Obama is unfairly attacking him.  Wait a sec: both scenarios assumed that it was Obama who either had something to hide or that it was McCain who was being unfairly maligned.

9. It will look unfair if I challenge McCain more than Obama.  I remember how much heat CBS took when Dan Rather challenged Bush the First.  The impact, of course, is that the candidate who lies more gets the benefit of a higher percentage of lies going unchallenged.  Why wouldn't this assumption work to protect the Democrat?  Because Schieffer doesn't believe that the consequences of angering Democrats are nearly as serious as the consequences of getting Republicans upset.

10. McCain the Maverick.  What can one say?

Gee, I hope I'm wrong, but I haven't even mentioned the burning desire in the MSM to have a "game changer" that "makes it anybody's race."

Please God, Don't Let The Big Banks Get Their Feelings Hurt


Rescue Package 2.0 features $250 billion of investment in banks, 40% of which goes to just four banks (Bank of America, Citigroup, JP Morgan Chase, and Wells Fargo).  The dominant theme coming from the Treasury Department and from the conventional wisdom commentariat is that it was essential to walk a "fine line" so that these banks feel entirely comfortable in accepting our money.

What exists on either side of that no-so-fine line?  On one side is the public interest; on the other side is unjust private enrichment.  So even in the plan's conception, the idea is to see the extent to which the public interest can be minimized.

If an entity wants $25 billion of my money, the first things I would want to know would be: (1) Do you need it? and (2) How come?  Unfortunately, Treasury is most interested in avoiding "stigmatizing" any bank, so we taxpayers none of that basic disclosure.

If a bank did need the massive infusion of cash from a private investor, that private investor (say, for example, Warren Buffett) would not be saying, "How can I arrange the deal to make it least burdensome on you."  That private investor would be in the driver's seat, and would demand terms accordingly.  Does the Treasury follow that private sector example?  No, sir.

Henry Paulson has been palling around with financial terrorists, and there's no telling what those guys might do if they get crossed.  Best to give them whatever they want.



 

Craig Gurian

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Craig Gurian is Executive Director of the Anti-Discrimination Center. He is also an Adjunct Professor of Law at Fordham Law School where he teaches "Housing Discrimination: History, Demographics, Law, and Remedies" and "Employment Discrimination: Law, Practice, and Policy." Mr. Gurian is also a Scholar-in-Residence at Fordham Law's Stein Center for Law and Ethics. He was Legal Counsel to a sister civil rights organization in the successful effort to pass a comprehensive Nassau County Fair Housing Law in 2006; was the principal drafter of New York City's Local Civil Rights Restoration Act of 2005; and was the principal drafter for the Commission on Human Rights of the comprehensive 1991 revisions to the NYC Human Rights Law. Publications: "Judicial Activism in the Service of Privilege: New York's First Department Makes Special Rules for Special Defendants," 71 Albany Law Rev. 369 (2008). [http://www.albanylawreview.org/articles/ Gurian.Publisher.pdf] "Using Local and State Legislation to Preserve and Expand the Ability of Fair Housing Organizations to Prosecute the Discrimination They Uncover," Harv. L. & Pol'y Rev. (Online) (October 2007), [http://www.hlpronline.com/Gurian.pdf.] "A Return to Eyes on the Prize: Litigating Under the Restored New York City Human Rights Law," 33 Fordham Urb. L.J. 255 (2006). [http://www.antibiaslaw.com/Eyes.pdf] "Adding Insult to Injury: Housing Discrimination Against Survivors of Domestic Violence" (2005). [http://www.antibiaslaw.com/DVReport.pdf] "Let Them Rent Cake: George Pataki, Market Ideology, and the Attempt to Dismantle Rent Regulation in New York," 31 Fordham Urb. L.J. 339 (2004). [http://www.antibiaslaw.com/cake.pdf] "At The Crossroads: Is There Hope for Civil Rights Law Enforcement in New York City?" (2003). [http://www.antibiaslaw.com/crossroads.pdf] Principal author of "It Is Time To Enforce The Law: A Report on Fulfilling the Promise of the New York City Human Rights Law," 57 The Record 231 (Summer, 2002). All comments represent Mr. Gurian's individual views, expressed in an individual capacity, and are not intended to convey, and should not be interpreted as conveying, the views of any of the entities referenced above.

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