Lithwick: “Guilt By Association.”

“Once upon a time in America this was called advocating for justice. But in today’s America, it’s deemed a miscarriage of justice…[A]s of today, you are as guilty as your guiltiest client, and your representation of that client — especially if it is both zealous and successful — is now disqualifying as well. Cop-killers deserve no lawyers and their lawyers deserve no role in government service. It’s not hard to imagine the scorching Fox News headlines, under the new standards set forth by the Judiciary Committee today: ‘John Adams Frees Vicious Patriot-Killer in Boston Massacre.’ ‘John Roberts Unsuccessfully Defends Serial Killer in Florida!‘ ‘Anarchist-Loving Felix Frankfurter Advocates for Sacco and Vanzetti!’ Clarence Darrow! Lover of Killers, Monkeys, and Commies; Disgrace to Legal Profession!.'”

Dahlia Lithwick weighs in on the Dedo Adegbile travesty in the Senate today, wherein, for patently ridiculous reasons, seven spineless Dems helped Republicans spike Adegbile’s nomination for DOJ’s civil rights division. As the NYT’s Jonathan Weisman succinctly put it, “Some have called Mr. Adegbile a ‘cop-killer advocate.’ Another word for that might be ‘lawyer.'”

Ryan: Still Clownshoes.

“[S]everal economists and social scientists contacted on Monday had reactions ranging from bemusement to anger at Ryan’s report, claiming that he either misunderstood or misrepresented their research…The Columbia researchers found that, using their model of the SPM, the poverty rate fell from 26 percent in 1967 to 15 percent in 2012. Ryan only cites data from 1969 onward, ignoring a full 36 percent of the decline.”

Still Clownshoes: Republican Serious Person™ Paul Ryan’s attempt to get super-serial about policy research turns out disastrously, as multiple authors he cites in his new anti-War on Poverty screed say that he’s misrepresented their work. “In my experience, usually you use all of the available data. There’s no justification given. It’s unfortunate because it really understates the progress we’ve made in reducing poverty.”

The above pic of the learned statesman in question via Mansplaining Paul Ryan dot tumblr dot com. Also, I see Jonathan Chait has already gone there, but this is the obvious movie reference here:

Rolling in the Deep.

“The Deep State is the big story of our time. It is the red thread that runs through the war on terrorism, the financialization and deindustrialization of the American economy, the rise of a plutocratic social structure and political dysfunction. Washington is the headquarters of the Deep State, and its time in the sun as a rival to Rome, Constantinople or London may be term-limited by its overweening sense of self-importance and its habit, as Winwood Reade said of Rome, to ‘live upon its principal till ruin stared it in the face.’ ‘Living upon its principal,’ in this case, means that the Deep State has been extracting value from the American people in vampire-like fashion.”

In very related news, and in a somewhat overwritten but otherwise worthy piece, former GOP Congressional staffer Mike Lofgren summarizes the problem of America’s Deep State (a term Lofgren did not coin, borrowed from Turkey.) Think the military-industrial complex, now infused with financial sector/Pete Peterson-style rent-seeking. “[This] is not an exposé of a secret, conspiratorial cabal; the state within a state is hiding mostly in plain sight, and its operators mainly act in the light of day.”

With Friends Like These.

“If the reporter’s own mother was losing $90 of foods a month out of an already-meager allotment, or the reporter’s son or daughter, I very much doubt that reporter would describe that loss as merely symbolic. I don’t know that reporter thinks their own breakfast, their own lunch, or their own dinner is merely symbolic. This is real money coming out of the grocery carts of real families.”

In Salon, former USDA official Joel Berg reads the riot act to lazy journalists and spineless Dems over the soon-to-pass Farm Bill, which cuts Food Stamps for the poor while expanding crop insurance subsidies for wealthy farms. “It infuriates me, that we live in a country with tens of thousands of actual loopholes that benefit the ultra-rich, [whereas] this is a provision authorized by law, perfectly legal, perfectly sensible, that governors of both parties have utilized…[Calling Food Stamp cuts “closing a loophole” is] basically a fabricated excuse. And it’s a smokescreen to obfuscate the fact that they’re taking food away from hungry families.”

Berg goes on: “George W. Bush proposed a billion dollars in cuts to SNAP, and virtually all these people were aghast at how horrible it is. For them to then turn around and justify cuts that are [eight] times as large as what George W. Bush proposed is a little hard to swallow. I do think our political system is basically evil versus spineless now.”

This. It’s the same dynamic you see on the NSA, on the Grand Bargain, and on countless other issues. And this is why I hard to find it to take so many Dems seriously anymore. Here’s the bill passage pablum from Senate Ag Chair Debbie Stabenow: “Congress is on the verge of taking bipartisan action that will create jobs and help reduce the deficit. This is not your father’s Farm Bill. It implements major reforms and ends unnecessary subsidies…Congress can pass a bipartisan bill that helps take us into the future and beyond the policies of the past.” And here’s the missing subtext: “Agriculture Committee Chairwoman Debbie Stabenow (D-Mich.) has received more contributions from the crop production industry than any other senator.”

Ain’t no use jiving, ain’t no use joking. Everything is broken, and we need to stop enabling it or it will never, ever get better.

Not Too Distant Mirror.

“The ritual, by now, is well-established. President Barack Obama will travel to the lower house of the national legislature from the executive mansion, and…give a long speech extolling the nation’s virtues and present circumstances — the state of the union is invariably described as ‘strong’ — and laying out the regime’s priorities.”

A day before the big show, Joshua Keating’s consistently funny If It Happened There column at Slate looked at the State of the Union. “Members of the opposition typically do not applaud, though they occasionally join in with approval of paeans to the nation’s powerful military, the leaders of which typically sit stone-faced in front of the gallery.”

Which, of course, is exactly what happened. There are innumerable things Congress could be doing right now to create jobs, spur opportunity, expand the frontiers of knowledge, and generally make life better for families in America. Some of them — raising the minimum wage, ensuring equal pay for women, investing in infrastructure and early childhood education, admitting climate change is happening and proceeding accordingly — were even mentioned in Obama’s remarks, not that we can expect much in Year Six of this presidency (and an election year to boot.)

But with all due respect to Sgt. Remsburg’s sacrifice, when the only thing all of our nation’s legislators can get effusive about is venerating Americans wounded in battle, the republic is in a bad way indeed. As James Fallows put it: “[W]hile that moment reflected limitless credit on Sgt. Remsburg…I don’t think the sustained ovation reflected well on the America of 2014…the spectacle should make most Americans uneasy.” That it should – The last refuge of scoundrels and all that.

“This Sunday, the eyes of millions of Americans will turn to a fetid marsh in the industrial hinterlands of New York City for the country’s most important sporting event — and some would say the key to understanding its proud but violent culture.”

ICYMI, If It Happened There has aptly covered the Superbowl also. “The ethics of such an event can be hard for outsiders to understand. Fans, who regularly watch players being carted off the field with crippling injuries, are unbothered by reports of the game’s lasting medical impact on its players. Nevertheless, fans and the national media can become extremely indignant if players are excessively boastful at the game’s conclusion.”

Speaking of the handegg finals — as usual, also not lacking for tawdry paeans to militarismcongrats to the Seahawks on a convincing Superbowl XLVIII win. As I said on Twitter, I had no real dog in this fight – I was just happy to see the two states with sane marijuana laws karmically rewarded for their forward thinking.

The Wisdom of the Elders.

“Does this rollout failure discredit the core goals of a liberal project, including that of a mixed economy, a regulatory state, and social insurance? Conservatives in particular think this website has broad implications for liberalism as a philosophical and political project. I think it does, but for the exact opposite reasons: it highlights the problems inherent in the move to a neoliberal form of a governance and social insurance, while demonstrating the superiorities in the older, New Deal form of liberalism.”

Assessing the failure of the healthcare.gov rollout, Mike Konczal makes the case for returning to the old ways. “[T]he Category B grouping, which we associate with the New Deal and the Great Society…creates a universal floor so that individuals don’t experience basic welfare goods as commodities to buy and sell themselves…My man Franklin Delano Roosevelt may not have known about JavaScript and agile programming, but he knew a few things about the public provisioning of social insurance, and he realized the second category, while conceptually more work for the government, can eliminate a lot of unnecessary administrative problems.”

Of course, Social Security had rollout problems too. And progressives at the time definitely lamented the concessions that were made as Social Security evolved from bill to law, including the exclusion of agricultural and domestic laborers [re: African-Americans] from the law. (Frances Perkins: “The whole thing has been chiseled down to a conservative pattern.”)

That being said, I think it’s important to keep this in mind every time the right starts complaining about byzantine complexities in the Affordable Care Act: We could’ve avoided many of these issues if this change-bringing administration hadn’t immediately ruled out the obvious progressive solution to the health care problem — a single-payer system of Medicare-for-all, like most other advanced industrialized nations enjoy, perhaps phased in with an immediate voluntary buy-in and a gradual lowering of the coverage age.

Instead, we adopted the Republicans’ proposal, the marketplace/exchanges plan originally conceived by the Heritage Foundation and enacted by Mitt Romney, without even including a public option to keep the insurers honest. And what’d we get for this ginormous unforced concession to the right? Nothing. Republicans still didn’t support the health care law in 2010, and they’ve screamed holy hell that it’s tyrannical government socialism for the past three-odd years — even though it was their plan to begin with.

Now, they’re deliberately sabotaging implementation of the ACA and trying to pin every misstep, including this rather sad website #fail, as a failure of the liberal project. As Konczal aptly points out, what’s failing here is the NEO-liberal project — the desire to embrace public-private, technocratic conservative ideas of a generation ago (see also: cap & trade), in the hopes that today’s conservatives will somehow be intellectually honest enough to support them too. That is a sucker’s bet every time.

One other important takeaway from this article: “[I]f all the problems are driven by means-testing, state-level decisions and privatization of social insurance, the fact that the core conservative plan for social insurance is focused like a laser beam on means-testing, block-granting and privatization is a rather large problem. As Ezra Klein notes, ‘Paul Ryan’s health-care plan — and his Medicare plan — would also require the government to run online insurance marketplaces.'”

In other words, here again conservatives are decrying exactly what they ostensibly espouse. Perhaps a better way forward on fundamental pieces of legislation, instead of playing Lucy and the football with the Republicans, is to try to enact our own ideas from now on.

Update: In Foreign Affairs, Kimberly Morgan makes much the same argument: “The real source of Obamacare’s current problems lies in the law’s complexity. A straightforward way to assure coverage would have been to extend an existing, well-worn program to more people…In the United States, [due to] political antipathy to government programs…policymakers regularly rig up complex public-private, and often federal-state, arrangements that are opaque to the public, difficult to administer, and inefficient in their operation.”

Got to Have Kaya Now.

“Support for legalization has jumped 10 percentage points since last November and the legal momentum shows no sign of abating. Last week, California’s second-highest elected official, Lt. Gov. Gavin Newsom, said that pot should be legal in the Golden State, and advocates of legalization are poised to introduce a statewide referendum in 2014 to legalize the drug.”

As a follow-up to this post, Gallup finds that support for legalizing marijuana has shot up to 58%, following a similar pattern as gay marriage in recent years. Again, if they want to mitigate the usual midterm electorate problem, Dems should follow the Rove playbook on this, and get weed on the 2014 ballots ASAP.

The Neverending Shutdown.

“[W]ith recovery still perilously weak in 2010, the obvious response would have been a second dose of stimulus spending. But the political world was already moving in the opposite direction…In the end, for reasons both political and ideological, Obama decided that he needed to demonstrate that he took the deficit seriously, and in his 2010 State of the Union address he did just that…The Beltway establishment may have applauded Obama’s pivot to the deficit, but much of the economic community saw it as nothing short of a debacle.”

It’s the Austerity, Stupid: In Mother Jones, Kevin Drum surveys the rise of deficit hysteria in the Beltway over the past several years, with particular attention paid to the Reinhart-Rogoff debacle. “It’s not as if we needed the skills of Nostradamus to predict the consequences of austerity. It’s pretty much textbook economics.” (Rhino via here.)

“It was an awful time. Federal employees had to take unpaid furlough days. Beneficiaries were thrown off of federal programs. Courthouses had to be sold. Federal agencies like the FBI, the Food and Drug Administration, and the National Institutes of Health strained to meet commitments, leading to more crime, more outbreaks of disease and less basic research, among other horrors. This may sound like a description of the recent government shutdown, which ended October 16. But this describes the fallout from sequestration, the across-the-board cuts to discretionary spending that took effect March 1—arbitrary reductions that closely parallel the effects of the shutdown.”

Meanwhile, as David Dayen recently noted in The New Republic, the deficit witchhunt is continuing to wreak havoc across America, in the form of the sequestration budget. “Sequestration and artificial spending caps have become the new normal, and it’s redefining the role of government, rolling back the ambitions of the past, and constraining needed investments in the future. So let’s call it what it is: a government shutdown that’s infinitely worse than the one that just ended.”

Reign of Yoho.

“The power rests with Ted Yoho because the American political system has tolerated carefully cultivated ignorance and carefully tailored bigotry for far too long. Ted Yoho has been coming for years…The Republican party reveled in all the forces that are now tearing it apart. The Democratic party was criminally negligent and abdicated its profound responsibility to fight against those forces; indeed, it spent the better part of the 1980’s and 1990’s trying to surf the wave itself…”

“A great portion of the courtier press that now expresses horror at what is going on now went gleefully along for the ride as it became inevitable…This means all of you who went along for the ride on torture, and on Iraq, and who hid under the bed after 9/11. This is how the power came to rest with Ted Yoho, who is a fool and a know-nothing. This is how historical inevitability is created. This is how its momentum becomes unstoppable. This is how the wreckage piles up.”

With the government shutdown and threat of default receding — until January — Charlie Pierce names names for how we got to this sorry point. “‘Government is the problem,’ said Saint Reagan in his first inaugural. And everybody, all of you sorry bastards, cheered, and made completely predictable the moment in which the power of the government would come to reside in…Ted fking Yoho.”

What he said. I’d only add that, while the media moves on to other things (until we lurch into the next crisis a few months hence), all the GOP crazies who sent us over the cliff three weeks ago are still here. They’re still in power. They’re still making mischief. The budget is still underfunded. And this administration still seems all-too-inclined to give them a social insurance-slashing “Grand Bargain” for their troubles. This is not over.

Nihilists, Dude.

“‘It’s imperative to act now, Cruz warns, before the full benefits of Obamacare kick in and Americans get “hooked on the sugar, hooked on the subsidies.’ His plan: Yoke the defunding of Obamacare to the must-pass budget bill the House will take up in September. The endgame? To force a government shutdown so painful and protracted that Barack Obama would have no choice but to surrender the crown jewel of his presidency. ‘As scary as a shutdown fight is,’ Cruz insists, ‘if we don’t stand and defund Obamacare now, we never will.'”

Another dispatch from the madhouse: In a fine piece of reporting, Rolling Stone‘s Tim Dickinson delves inside the Republican suicide machine. “Having backed the GOP into a shutdown fight that congressional leaders never wanted, the insurgents are winning, and establishment leaders are running scared. America is now careening toward a catastrophic voluntary default on our debt because no one in the Republican Party with the authority to put on the brakes has the guts to apply them, for fear of being toppled from power.”

An important point Dickinson makes here that cannot be emphasized enough: We didn’t just stumble into this crisis: Taking the government and the debt ceiling hostage was the strategy all long, and the right-wing insurgents have been planning for this for months. “They’d drawn a dangerous lesson from the previous battle: Brinksmanship works…In February, the House temporarily suspended the debt ceiling — intending to give the president’s poll numbers three months to come back to earth.”

Hey, speaking of polling numbers coming back to Earth

In any case, see also the NYT on this: “To many Americans, the shutdown came out of nowhere. But interviews with a wide array of conservatives show that the confrontation that precipitated the crisis was the outgrowth of a long-running effort to undo the law, the Affordable Care Act, since its passage in 2010 — waged by a galaxy of conservative groups with more money, organized tactics and interconnections than is commonly known.”

So we’re not in this hostage crisis by accident. The GOP even changed the House rules so they could maximize this confrontation. Republicans saw Obama fold in December 2010 on the Bush tax cuts and in August 2011 on the last debt ceiling hike. They think they can make him fold again here, and on every subsequent debt ceiling hike, and sadly, history is on their side on this. As Ted Cruz put it a few months ago: “If you have an impasse, you know — one side or the other has to blink. How do we win this fight? Don’t blink.”

Another small digression: If, like Ralph Nader this morning, you’re wondering why the right-wing of the GOP always seems to pull these sorts of stunts off while the left-wing of the Dems are usually completely marginalized, two quick answers: 1) The lefties don’t have billionaires backing their plays, and 2) we’re the People’s Front of Judea. They’re the right, they’re inherently better at the goose-stepping.

That being said, this whole episode also illustrates why it’s useless for Democrats to try to meet these fools halfway on policy: Republicans have now spent almost three years voting constantly to end the Affordable Care Act. To break a health care law originally penned by the Heritage Foundation and enacted by Mitt Romney, they have shut down the government and sent us to the brink of an economic default. So, how, exactly, would things be different if we had just passed Medicare for all, and/or a public option? They were going to lose their shit regardless, just like they did on Social Security, on Medicare, and any other progressive issue you can think of. There’s no point in trying to placate people who aren’t bargaining in good faith.

Anyway, as it happens, and as Andrew Sullivan recently pointed out, we’ve seen a minority party in America rejected at the polls try to take the entire nation hostage before. Here’s Abe Lincoln in 1861:

“What is our present condition? We have just carried an election on principles fairly stated to the people. Now we are told in advance, the government shall be broken up, unless we surrender to those we have beaten, before we take the offices. In this they are either attempting to play upon us, or they are in dead earnest. Either way, if we surrender, it is the end of us, and of the government. They will repeat the experiment upon us ad libitum. A year will not pass, till we shall have to take Cuba as a condition upon which they will stay in the Union.”

So too here: This time the scalp the GOP wants is the Affordable Care Act, or the Ryan budget, or social insurance cuts, or Malia Obama. “‘The girl. Bring us the girl,’ said Congressman Steve King (R-IA)..’The bill may pass, but the firstborn shall be ours.'” It’ll be something else the next time and the time after that.

That’s why John Judis is calling this “one of the worst crises in American history“, and why Jon Chait wrote that “Allowing Republicans to default on the debt now is better than trading something that allows them to threaten it later.” Because if Obama buckles this time — and, let’s remember, we already gave the GOP their sequester-funding-levels — the Republicans will just keep taking the American government and economy hostage to get whatever they want. And quicker than you can say he-said, she-said, the rest of the lazy Beltway media will come to treat this sort of hostage-taking as politics as usual. It has to end here, or it never will.