Supreme Court nominee Elena Kagan shakes hands with Sen. Jeff Sessions, R-Ala., the ranking Republican on the Senate Judiciary Committee as as committee chairman Sen. Patrick Leahy, D-Vt., looks on at center
The White House has just released advanced excerpts of Supreme Court nominee Elena Kagan's opening remarks at her confirmation hearing.
On the importance of the rule of law:
Mr. Chairman, the law school I had the good fortune to lead has a kind of motto, spoken each year at graduation. We tell the new graduates that they are ready to enter a profession devoted to "those wise restraints that make us free." That phrase has always captured for me the way law, and the rule of law, matters. What the rule of law does is nothing less than to secure for each of us what our Constitution calls "the blessings of liberty" – those rights and freedoms, that promise of equality, that have defined this nation since its founding. And what the Supreme Court does is to safeguard the rule of law, through a commitment to even-handedness, principle, and restraint.
On the importance of "a fair shake for every American":
The idea is engraved on the very face of the Supreme Court building: Equal Justice Under Law. It means that everyone who comes before the Court – regardless of wealth or power or station – receives the same process and the same protections. What this commands of judges is even-handedness and impartiality. What it promises is nothing less than a fair shake for every American.
And on recognizing the Supreme Court's limits:
[T]he Supreme Court is a wondrous institution. But the time I spent in the other branches of government remind me that it must also be a modest one – properly deferential to the decisions of the American people and their elected representatives. What I most took away from those experiences was simple admiration for the democratic process. That process is often messy and frustrating, but the people of this country have great wisdom, and their representatives work hard to protect their interests. The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people.
From NBC's Mark Murray Although there is confusion over West Virginia's succession law, Democrats and Republicans tell First Read that whomever Gov. Joe Manchin (D) appoints to replace Robert Byrd in the Senate will probably be able to serve through 2012.
At issue is whether the appointment will last through the end of this year (with a special election for the seat this year) or through 2012 (when Byrd's term expires).
Here is the relevant state code: Any vacancy occurring in the office of secretary of state, auditor, treasurer, attorney general, commissioner of agriculture, United States senator, judge of the supreme court of appeals, or in any office created or made elective, to be filled by the voters of the entire state, or judge of a circuit court, shall be filled by the governor of the state by appointment. If the unexpired term of a judge of the supreme court of appeals, or a judge of the circuit court, be for less than two years; or if the unexpired term of any other office named in this section be for a period of less than two years and six months, the appointment to fill the vacancy shall be for the unexpired term. If the unexpired term of any office be for a longer period than above specified, the appointment shall be until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term.
Translation: If the unexpired term for the Senate is for more than 30 months, then there needs to be a special election to fill the seat. And as it turns out, Byrd's unexpired term WOULD BE for more than 30 months (which would be Dec. 28, 2012, and Byrd's seat expires on Jan. 3, 2013).
But the part of the code describing the "primary election next following such timely filing" is leading observers to believe that the election for the seat won't occur to 2012, because West Virginia already had its primaries back in May, and the next scheduled elections aren't until 2012.
Confused? Well, West Virginia's Secretary of State's office tells NBC News that it will be releasing a statement this afternoon to make sense of the state's succession law.
Sen. Robert Byrd -- the longest-serving member of Congress -- passes away at the age of 92… His death could complicate the Democrats' math in the Senate… Kagan's SCOTUS hearing begins today at 12:30 pm ET… Previewing the GOP line of attack against her… Was the past week a turnaround for the White House, or a mirage of one (Friday's job numbers will be key in answering that question)?… Breaking down Obama's answers at yesterday's press conference (on the deficit/debt, Afghanistan, and Kagan)… And Giannoulias gets subpoenaed in Blago's corruption trial.
From NBC's Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg
*** Byrd passes away: In the middle of the night, West Virginia Sen. Robert Byrd (D) -- the longest serving member of Congress (from 1953-2010) -- passed away. He was 92. And much like Ted Kennedy's death nearly a year ago, Byrd's passing complicates the math for Democrats in the Senate, at least temporarily. Democrats now have a 58-41 majority in the chamber, so two votes shy of the 60 needed to break a filibuster. That could make passing the financial reform legislation -- which seemed more than likely this week, with President Obama hoping to sign it into law before July 4 -- a bit more difficult than first thought. It also might deny Elena Kagan an additional vote for her confirmation to the Supreme Court. Democratic West Virginia Gov. Joe Manchin will have the ability to fill Byrd's seat, but it is unclear whether that replacement can serve out the remainder of Byrd's term (which is up in 2013), Politico writes. However, a Manchin adviser tells First Read that he doubts there will be a special election in November.
*** Kagan's big day: Speaking of Kagan, beginning today at 12:30 pm ET, the Senate Judiciary Committee holds its hearings on her bid to succeed John Paul Stevens on the U.S. Supreme Court. Today, we'll see the opening remarks from the senators who sit on the committee, from Sens. John Kerry and Scott Brown (who will introduce her), and then from Kagan. Tuesday and Wednesday feature the Q&A; and Thursday will bring us the witnesses who will testify for and against Kagan's nomination. But this won't be the only highly publicized confirmation hearing this week. On Tuesday, beginning at 9:30 am, the Senate Armed Services Committee holds its hearings on David Petraeus' nomination to be the new U.S. commander in Afghanistan.
*** Previewing the GOP attacks: On TODAY this morning, NBC's Pete Williams previewed the Kagan hearings, pointing out that although she was easily confirmed as U.S. solicitor general (Republicans Coburn, Collins, Gregg, Hatch, Kyl, Lugar, and Snowe voted for her), she'll face much tougher questions this week. Among them: Harvard Law School's policy towards military recruiters, her lack of judicial experience, her views on abortion and gun rights, and even her argument 15 years ago that the Supreme Court nomination hearings shouldn't be a "charade" and that nominees should offer up full and honest answers. The latest GOP attack on Kagan has been describing her as a "political adviser" and "political operative" for her work in the Clinton White House (though that work wasn't much different than Chief Justice John Roberts' work in the Reagan administration). Our latest NBC/WSJ poll showed 29% supporting Kagan's nomination, 23% opposing it, and 47% who didn't know enough to say -- meaning that this week's hearings are going to be important.
*** A turnaround or a mirage? What a difference a couple of weeks can make. After being besieged, first, by criticism of its handling of the Gulf spill and, then next, by criticism from Gen. Stanley McChrystal on Afghanistan, the White House begins this week with a pep in its step. This comes, of course, after President Obama fired McChrystal over the controversial comments he and his team made to Rolling Stone, replacing him with Gen. David Petraeus. And it comes after the House and Senate finalized an agreement on the financial reform legislation, with Congress expected to vote on this final package this week and with Obama expected to sign it into law before July 4 (yet that was before Byrd's passing. But this week's job report -- on Friday -- will bring us news that will determine if we're really seeing a turnaround of sorts for the White House, or if last week's relatively good news was an exception to what has been a difficult spring and summer. One other thing: Not only is there some pep in staffers' step, but there's a resignation that they know something unexpected is coming. And this may be a good thing for them; they seem to finally be in a comfortable rhythm for the unexpected.
*** 'I'm doing it because I said I was going to do it': In his press conference concluding his G-8/G-20 trip to Canada, President Obama gave this statement in response to a question about the steps his administration has taken/will take to reduce the deficit. He mentioned his call for a discretionary spending freeze, PAYGO, and his debt-reduction commission. And then he said this: "One of the interesting things that's happened over the last 18 months as president is, for some reason, people keep on being surprised when I do what I said I was going to do. So I say I'm going to reform our health care system and people think, well, gosh, that's not smart politics, maybe we should hold off. Or I say, we're going to move forward on 'Don't Ask, Don't Tell," and somehow people say, well, why are you doing that, I'm not sure that's good politics. I'm doing it because I said I was going to do it… And people should learn that lesson about me, because next year when I start presenting some very difficult choices to the country, I hope some of these folks who are hollering about deficits and debt step up, because I'm calling their bluff."
*** Obama on Afghanistan: Also during yesterday's press conference, Obama gave this response about Afghanistan and when the U.S. will leave: "My focus right now is how do we make sure that what we're doing there is successful, given the incredible sacrifices that our young men and women are putting in. And we have set up a mechanism whereby we are going to do a review..., and that by next year we will begin a process of transition. That doesn't mean we suddenly turn off the lights and let the door close behind us."
*** Obama on Kagan: And Obama was asked about Kagan's SCOTUS nomination. His answer: "I am absolutely confident that if you give a fair reading of Elena Kagan's record and her performance in every job that she's had, what you see is somebody with an extraordinarily powerful intellect; somebody with good judgment; somebody who understands the impact that laws have on individual Americans; somebody who is able to broker understandings between people of very difficult ideological bents… So as I examine some of the arguments that have been floated against her nomination over the last several weeks, it's pretty thin gruel. Having said that, I expect that my Republican colleagues and my Democratic colleagues should ask her tough questions, listen to her testimony, go through the record, go through all the documents that have been provided to the Senate Judiciary Committee, and then vote their conscience."
*** Americans' views on Israel: We had so many interesting numbers in our new NBC/WSJ poll that we didn't have time last week to talk about all of them. Today, we look at the American public's attitudes toward Israel after that country's raid on a flotilla headed for Gaza. In the poll, 61% -- an all-time high in the poll -- say they sympathize more with Israel than with Arab nations. Also, a plurality of 34% believe Israel's actions against that flotilla was justified, compared with 29% who say they weren't justified, and 32% who don't know.
*** Alexi and Blago: Turning to the midterms, Illinois Democratic Senate nominee Alexi Giannoulias has said that Rod Blagojevich's attorneys "have subpoenaed him to testify at Blagojevich's corruption trial. Giannoulias said Sunday that he introduced a friend of President Barack Obama's to a union official. The friend, Valerie Jarrett, allegedly was Obama's choice to replace him in the Senate after he was elected president. Prosecutors say Blagojevich sought favors from the White House in return for Jarrett's appointment and delivered the message through the union official."
*** More midterm news: In Arizona, it was announced that John McCain and J.D. Hayworth will face off in back-to-back debates on July 16 and 17… In California, Carly Fiorina has launched an ethnic outreach tour… And in Massachusetts, Charles Baker (R) is gaining ground on Gov. Deval Patrick in that state's gubernatorial contest, pew a new Boston Globe poll.
Countdown to AL run-off: 15 days
Countdown to GA primary: 22 days
Countdown to OK primary: 29 days
Countdown to KS and MO primaries: 36 days
Countdown to CO and CT primaries: 43 days
Countdown to Election Day 2010: 127 days
MSNBC.com's Carrie Dann previews the Kagan hearings, which begin today. "It's hard to find a political operative in the know, Republican or Democrat, who would place a bet against Elena Kagan's eventual confirmation as a Supreme Court justice. But her likely success as a nominee does not mean this week's debate over the former Harvard Law School dean and U.S. Solicitor General's confirmation to the high court isn't worth watching." More: "With the 2010 midterm elections approaching, both sides hope to use the hearings as a canvas on which to paint broad themes about their parties' governing philosophy."
"For weeks leading up to the start of Elena Kagan's Senate confirmation hearings Monday, Republicans have struggled to find a compelling line of attack to take against the Supreme Court nominee. But their efforts to wield an effective cudgel against President Obama's second nomination to the country's highest court have largely failed," the Washington Post says. "In a month of oil spills and Afghan tumult, the Kagan nomination is one effort that has gone seamlessly for the White House. In part, participants say, that is precisely because it has been overshadowed by a flood of other events that have consumed Congress and kept Republicans from mounting a more muscular front against her. But it is also a measure of how skilled operatives have become at managing the process -- and choosing nominees who are notable in part for their political blandness."
The AP: "Elena Kagan will be making the argument of her life on Monday when she faces a Senate panel on her confirmation to the Supreme Court. Kagan's chances are bright as she heads into a marathon week of high-pressure vetting before the Senate Judiciary Committee, pressing to portray herself as a mainstream, impartial addition to the court. She's set to break weeks of public silence Monday afternoon in sworn testimony before the panel. Democrats have more than enough votes to confirm her. Republicans have shown no inclination to try to block such a vote, although some conservative interest groups are urging them in increasingly vocal ways to do so."
Sunday's New York Times said the hearings could end up pitting Obama vs. John Roberts. "At Supreme Court confirmation hearings, the nominee is usually the star. But Elena Kagan may well be a supporting player in a drama featuring two men not even there: President Obama and Chief Justice John G. Roberts Jr. With an eye on the midterm elections, Democrats will use Ms. Kagan's hearings, which begin Monday, to put the Roberts court on trial by painting it as beholden to corporate America. Republicans will put Mr. Obama on trial over what they view as his Big Government agenda, and will raise questions about whether Ms. Kagan, his solicitor general and former dean of Harvard Law School, is independent enough to keep that agenda in check."
NPR's Nina Totenberg: "The Senate Judiciary Committee opens hearings Monday on the nomination of Solicitor General Elena Kagan to the U.S. Supreme Court. So far, Republican attempts to arouse controversy about Kagan have gained little traction, but this week marks the main event. Kagan's supporters admit privately that if there is a silver lining to the Gulf oil spill, it is that Kagan has been able to sail unscathed beneath the news radar screen for the seven weeks since her nomination. For more than a month, Republicans have been hurling themselves at the Kagan appointment, with about as much effect as hurling themselves at a brick wall. The critiques include her lack of judicial experience, her Clinton White House tenure and her deanship at Harvard Law School. All preview the GOP lines of attack."
Robert Byrd's office emailed this statement at 5:15 am ET. "I am saddened that the family of U.S. Senator Robert C. Byrd, D-W.Va., tearfully announces the passing of the longest serving member of Congress in U.S. history. He was 92. Byrd died peacefully at approximately 3 a.m. at Inova Fairfax Hospital."
The New York Times: "Mr. Byrd served 51 years in the Senate, longer than anyone in American history, and with his six years in the House, he was the longest-serving member of Congress. He held a number of Senate offices, including majority and minority leader and president pro tem."
More: "Mr. Byrd's death comes as Senate Democrats are working to pass the final version of the financial overhaul bill and win other procedural battles in the week before the Independence Day recess. In the polarized atmosphere of Washington, President Obama's agenda seemed to hinge on Mr. Byrd's health. Earlier this year, in the final days of the health care debate, the ailing senator was pushed onto the Senate floor in his plaid wheelchair so he could cast his votes."
"A child of the West Virginia coal fields, Mr. Byrd rose from the grinding poverty that has plagued his state since before the Great Depression, overcame an early and ugly association with the Ku Klux Klan, worked his way through night school and by force of will, determination and iron discipline made himself a person of authority and influence in Washington," the Washington Post adds. "Although he mined extraordinary amounts of federal largesse for his perennially impoverished state, his reach extended beyond the bounds of the Mountain State."
The Charleston Daily Mail called him "as knowledgeable, serious and intimidating as any politician in the country" as well as "a master historian, orator and parliamentarian who rose from poverty in rural Appalachia." And: "When he was just starting his political career as a state lawmaker, there were only four miles of divided highways in West Virginia. After a half century in Washington and time at the helm of the powerful Senate Appropriations Committee, there were nearly 2,000 miles of national highway."
Politico writes up the succession story: "What a difference a few days make -- or don't -- in filling the rest of the late Sen. Robert C. Byrd's ninth term. West Virginia Gov. Joe Manchin, a Democrat, has the power to appoint a successor to Byrd – but, because Byrd died at the beginning of this week and not the end, it's not entirely clear whether that person will be a short-timer in the Senate or serve more than two years. Under West Virginia election law, Manchin surely would have been able to appoint someone to fill the entire remainder of Byrd's term had Byrd died after July 3 – or with less than 30 months left to go on a term that expires Jan. 3, 2013. But with more than 30 months left of an "unexpired term," the law stipulates that he tap an interim successor until an election can be held."
Per NBC's Chris Donovan, the loss of Senator Byrd is yet another recent hit to institutional knowledge and experience in the U.S. Senate -- especially since he had been considered an unofficial historian of the body. Going back to Election Day 2008, the Senate had SIX members with 35+ years of service in the Senate: Robert Byrd (almost 50 years); Ted Kennedy (46 years); Daniel Inouye (almost 46 years); Ted Stevens (almost 40 years); Pete Domenici (almost 36 years) and Joe Biden (almost 36 years). Byrd's death means that just a year and a half later, only ONE of those six, Inouye (who is seeking re-election for a ninth term in November), remains in the Senate.
On the timing of financial reform's final passage, NBC's Luke Russert says the House could go as early as Tuesday but probably no later than Wednesday.
"Wary of slamming on the stimulus brakes too quickly, but shaken by the European debt crisis, world leaders pledged yesterday to halve government deficits in the most industrialized nations by 2013, with wiggle room to meet the goal," The New York Post writes. "As protester arrests topped 600, leaders of 20 major industrial and developing nations generally backed spending cuts and tax hikes, despite warnings from President Obama about choking off recovery."
The New York Times adds, "Despite President Obama's pitch at the summit meeting for developed nations here for continued stimulus measures to prevent another global economic downturn, the United States will go along with other leaders who are more concerned about rising debt and join in a commitment to cut their governments' deficits in half by 2013, administration officials said on Saturday."
'Most Americans approve of President Obama's decision to oust Gen. Stanley McChrystal as commander of U.S. forces in Afghanistan, a USA TODAY/Gallup Poll finds, and they support the White House timetable to begin withdrawing from the nation's longest war next year.
In all, 58% back the plan to start pulling out U.S. troops in July 2011 and 38% oppose it."
The Hill notes McCain's appearance on NBC's Meet the Press. McCain said of Obama's Afghanistan troop withdrawal timeline, "It was purely a political decision. Not one based on facts on the ground, not one based on military strategy."
Politico writes this about Scott Brown: “When Massachusetts Republican Scott Brown addressed supporters after his upset victory in January, he declared there would be ‘no more closed-door meetings or back-room deals by an out-of-touch party leadership.’ Some would argue that’s exactly what he just did in the final push on Wall Street reform.” It accuses that Brown “has quickly become skilled in the ways of Washington.”
But a Boston Globe poll finds Brown is “the most popular officeholder in Massachusetts. After less than five months in Washington, Brown outpolls such Democratic stalwarts as President Obama and US Senator John F. Kerry in popularity, the poll indicates. He gets high marks not only from Republicans, but even a plurality of Democrats views him favorably.”
SEIU says it will protest Sen. Scott Brown (R) outside of his Boston office today. “Folks in Massachusetts are upset with him for stiffing the states when he joined Republicans [Thursday] night in voting down the jobless aid bill,” and SEIU official tells First Read.
ARIZONA: “Sen. John McCain says he disagrees with Arizona Gov. Jan Brewer's statements that most people crossing the U.S. southern border illegally are smuggling drugs, but he thinks she is doing a good job of standing up for her state,” the AP remarks of McCain’s “Meet The Press” appearance this Sunday.
The Tuscon Sentinel reports that McCain and former Rep. J.D. Hayworth will face off in two back-to-back debates on July 16th and 17th.
CALIFORNIA: “Reaching out to a key voting bloc, Republican Senate nominee Carly Fiorina held a Latino-themed town hall Saturday afternoon in Sacramento, heaping praise on California's Latino community for representing "the best of who this nation is," the Los Angeles Times reports. “The event, paired with Fiorina's launch of a new Spanish-language website, Amigos de Carly, is part of an ethnic outreach tour” for the candidate.
FLORIDA: “Former House Speaker Newt Gingrich will back Florida Attorney General Bill McCollum's campaign for governor today, adding a powerful conservative voice to the group of national Republicans rallying to McCollum in his primary race against self-funding health care mogul Rick Scott,” Politico reports.
The Miami Herald details “the paradox of Scott's upstart campaign: The novice candidate has touted his stature and experience as the get-things-done CEO of what was once the nation's largest for-profit healthcare company, while also trying to distance himself from Columbia/HCA's notorious legacy of fraud.” ILLINOIS: “U.S. Senate candidate Alexi Giannoulias says former Illinois governor Rod Blagojevich's lawyers have subpoenaed him to testify at Blagojevich's corruption trial,” the AP reported yesterday.
MARYLAND: Gov. Martin O’Malley is airing two negative radio ads against his Republican challenger for re-election, former governor Robert Ehrlich, framing him “as perhaps the only thing worse this year than an incumbent politician: a lobbyist working for big oil,” the Washington Post writes. “The ads have jarred to life what had been a sleepy campaign for governor and indicate that O'Malley and Ehrlich intend to resume the same sort of in-the-mud and in-your-face tactics that both employed when they faced off four years ago.”
MASSACHUSETTS: “Governor Deval Patrick has improved his political standing in recent months but still faces major hurdles in his bid for reelection, according to a new Boston Globe poll, which shows Republican rival Charles D. Baker gaining ground and many voters dissatisfied with the direction of the state and the governor’s handling of his job,” the Boston Globe reports.
TEXAS: Democrats at the state’s convention on Friday declared, “Don't pay any attention to that city on the Potomac,” the Dallas Morning News writes. “‘It's not about Washington. It's about putting Texas first,’ Democratic nominee Bill White told delegates in his Friday night speech formally accepting the party's nomination for governor.”
The Week Ahead: The Kagan Supreme Court hearings kick off, Petraeus set to take over in Afghanistan, the G-20, the Saudi King to the White House, Palin 'strikes new ground,' plus -- vuvuzela in tow -- Andy reports live from the World Cup.
Lies and embellishments about candidates' military records have practically become common fare this election season. First was Connecticut Attorney General Richard Blumenthal, who never served in Vietnam while in the Marine Reserves, despite saying he did. Then Rep. Mark Kirk claimed he won the Navy Intelligence Officer of the Year award and his website said he served in Operation Iraqi Freedom, when in fact he served during the war - not in it.
Enter Robert Bentley, whose new ad for his gubernatorial campaign seems to teeter between a straightforward account of his military service and an attempt to embellish his record.
In the ad, an announcer's voice says that Bentley "put himself through medical school, served his country and healed troops wounded in Vietnam," juxtaposed over a picture of Bentley in military fatigues with the words "Hospital Commander, Vietnam War' beneath them.
Bentley's military service is described on his campaign website: "In 1969, during the Vietnam conflict, Bentley joined the United States Air Force where he was commissioned as a captain, and served as a general medical officer. He was stationed at Pope Air Force Base at Fort Bragg where he became hospital commander near the end of his tenure. While in the service as a general medical officer he treated many military dependants, active duty service members, and wounded soldiers. He is a life member of Vietnam Veterans of American and a member of the American Legion."
According to an AP report, "Some callers to talk radio shows have complained that they thought he served in Vietnam."
AL GOV, Bentley, "Back to Work" 6/24 BENTLEY: "Growing up the son of a saw mill worker, I understand what really matters to people. It's faith, it's family, and it's a job." ANNCR: "Robert Bentley put himself through medical school, served his country and healed troops wounded in Vietnam." BENTLEY: "We'll put Alabama back to work, starting with 5,000 good paying jobs, tax cuts for businesses who hire. Until Alabama reaches full employment, I will not take a salary as governor, not a penny. The people of Alabama are hurting. And we need a doctor."
AL GOV, Byrne, "Record" 6/19 ANNCR: "What do you really know about Robert Bentley? Legislator Robert Bentley voted to allow this teacher serving a 10-year prison sentence to receive taxpayer-paid benefits totaling $164,000. Bentley refused to oppose double-dipping, allowing legislators to receive payment and taxpayer benefits without doing any work. Politician Robert Bentley voted for taxpayer benefits for a convict in prison, double-dipping for legislators at no-show jobs. Robert Bentley - more liberal than you know"
CA GOV, anti-Whitman (California Working Families) "Spinning" 6/23 ANNCR: "When you think of spinning you think of this" (clip of cycling) "or this" (clip of ballet dancing). "But on Wall Street, spinning was a scheme, now illegal, where the well-connected got exclusive access to hot stocks. On the board of Goldman-Sachs, Meg Whitman made a fortune spinning stocks, at the expense of small investors. Then when a judge found she'd exploited her own shareholders to enrich herself, Whitman had to pay back millions. We can't afford a governor who puts herself before us, no matter how she spins it."
6/24 Washington is a cesspool. Filled with political insiders who think more government is the solution. Not Ken Buck. Ken Buck stands up to the insiders in both parties. Ken Buck's conservative plan to get Colorado back to work? No to bailouts. No to debt. No to big government spending. Yes to low taxes for job creation that helps families. Call Ken Buck. Tell him to keep fighting for smaller government and policies that support taxpayers.
FL GOV, McCollum, "Profit Over Principle" 6/23 SCOTT IN AD CLIP: "And as CEO, I take responsibility and learned from it." MCCOLLUM: "Rick Scott, let's get real. While your hospitals were profiting from abortions, I voted 100% pro-life. You cashed in helping illegals send American dollars to Mexico. I led the conservative fight to secure our borders, and against amnesty. And while you pocketed $300M by ripping off taxpayers, as attorney general, I recovered record millions from Medicaid fraud. You put profit over principle, and that's wrong."
GA GOV, Barnes, "State Buildings" 6/23 ANNCR: "Roy Barnes has a plan to put people to work immediately." BARNES: "I know it won't solve all of our problems, but I can put 10,000 people to work. Electricians, plumbers, sheet metal workers--by retrofitting all of the state buildings for energy independence or efficiency. The best part is the energy savings will pay for the improvements." WORKER: "I think a paycheck would be great." ANNCR: "Roy Barnes: No on the job training necessary"
GA GOV, Baker, "Determined" 6/23 BAKER: "The future of Georgia will be determined right here. To compete in a new global economy, these kids need more time in school, because there's a lot more to learn. So we'll make kindergarten mandatory, expand after-school activities, bring our school year to the average of the industrialized world - and we'll pay for it by adding bingo to Georgia's lottery. Georgia's kids can beat anybody in the world, if we just give them the education it takes to win"
TN GOV, Ramsay, "Give 'em the Boot" 6/23 RAMSEY: "You might be wondering: when I say I'll give Washington the boot, what does that mean? Well, I'll tell you. When they try to force the state government to get bigger, I won't let them do it. When they want to make tax dollars pay for abortion, I'll stand in the way. And when they pass unconstitutional mandates like Obamacare, I'll take them to court. Tennessee needs a governor with common sense, a conservative plan and guts to get the job done." ANNCR: "Ron Ramsey. Governor"
CT SEN, McMahon, "Regular Job" anti-Washington MCMAHON: "Before I decided to run for the Senate, I had a regular job (WWE clip). Okay, maybe not a regular job. I was the CEO of World Wrestling Entertainment. A soap opera that entertains millions every week, and everyone gets in on the action. That isn't real, but our problems are. Connecticut families are hurting. We're losing jobs because Washington politicians are spending money we don't have. Last year, Connecticut was 47th in job creation. We can do better, we've got to do better. It's time we rein in runaway Washington spending, pass a balanced budget amendment to control that spending long term, and then stop the income tax increases scheduled for the end of this year. We can't stop the spending and fix the mess if we send another big government politician to Washington. It's time to shake things up, it's time for something different. I'm Linda McMahon, and I approve this message."
KS SEN, Moran, "False Attacks" 6/24 ANNCR: "Another Tiahrt false attack. He's trying to make you to think Jerry Moran votes with Pelosi. Ridiculous. Jerry fights Pelosi AND Obama. Introduced legislation to repeal Obamacare. Voted against the bailouts and stimulus. And Jerry Moran votes with Republicans over 90% of the time. Don't let Tiahrt's deceptive ads fool you, Jerry is the consistent conservative. And unlike Todd Tiahrt, Jerry actually lives here." MORAN: "I'm Jerry Moran and I approve this message"
MO SEN, "The Show Me State is Next!" (radio) 6/23 PURGASON: "Hi, this is state Senator Chuck Purgason, running for the Missouri US Senate seat. To be perfectly blunt, the Washington insiders want you to believe I can't win - bless their little hearts. Yet in Utah, the voters defeated the entrenched Washington insider, the now-former Senator Bill Bennett (sic). And in Nevada, the voters trounced the Washington insider with Sharron Angle, who had no money and her family running her campaign. And how about Kentucky. Rand Paul took their version of Washington insider Roy Blunt to the cleaners. We're the Show-Me State, and these states just showed us how it's done. Now its our turn. If you want a choice in November, you've gotta help me win in the Republican primary on August 3rd." FEMALE ANNCR: "Paid for by Purgason for US Senate. Because integrity does matter." PURGASON: "I'm Chuck Purgason, and I approve this message"
NH SEN, Ayotte, "False" 6/24 ANNOUNCER: For his very first ad, Paul Hodes launches a false attack. OFFICER TIM PATTERSON: Kelly Ayotte was a tough Attorney General. FRM. GOVERNOR STEVE MERRILL: For someone with Kelly’s outstanding record of openness, transparency, integrity, these kinds of claims just don’t wash. OFFICER NATHAN BOUDREAU: I think people are trying to score cheap political points. ANNOUNCER: Hodes voted for trillions in new spending and debt, plus pork barrel earmarks. But Kelly Ayotte is a tough conservative who will cut spending. KELLY AYOTTE: I’m Kelly Ayotte and I approved this message.
CT GOV, Malloy, "Connecticut Families" 6/25 MALLOY: "This is the street where my six brothers and my sister and I learned how to be kids. Growing up, we had what we needed, a safe neighborhood, parents with secure jobs, and that's just what we need today. As mayor of Stamford, I helped create nearly 5,000 new jobs and brought crime down 63%. As governor, I'll fix the economy by investing in green energy and high-tech companies. These are tough times, no doubt about it. Connecticut families need help. That's why I'm running for governor. I'm Dan Malloy, and I approve this message"
From NBC's Pete Williams What a difference a day makes.
Followers of the U.S. Supreme Court pay close attention to tradition and seniority, including the length of time the justices serve. So here's something worth noting: When John Paul Stevens wrote to President Obama in April, disclosing his plans to leave the court, he said his retirement would become effective "the next day after the Court rises for the summer recess this year."
We now know that the court's last day for handing down opinions will be this Monday, June 28. Once that's done, it will rise for the summer recess. So the retirement of Justice Stevens will become effective the next day -- Tuesday, June 29. That means he will leave in a tie for second-longest service in Supreme Court history -- 34 years, six months, and 11 days, the same as Stephen Field, who left the court in 1897.
If he had stayed just one more day, he would achieve the distinction of having the second-longest serving record all to himself (William O. Douglas, who served for 36 years, is in first place). It's doubtful Stevens realized that when he wrote his letter to President Obama in April. But he has apparently not changed his plans.
Cups of coffee wait to be picked-up at Starbuck's on Pennsylvania Ave., near the White House in this May 3, 2006 file photo
From NBC's Mark Murray
Republicans are seizing on a New York Times piece noting how White House aides and Washington lobbyists are conducting business at Starbucks and other coffee establishments.
Per the Times:
But because the discussions are not taking place at 1600 Pennsylvania Avenue, they are not subject to disclosure on the visitors' log that the White House releases as part of its pledge to be the "most transparent presidential administration in history."
The off-site meetings, lobbyists say, reveal a disconnect between the Obama administration's public rhetoric — with Mr. Obama himself frequently thrashing big industries' "battalions" of lobbyists as enemies of reform — and the administration's continuing, private dealings with them.
National Republican Congressional Committee spokesman Ken Spain emails: "With all of the president's 'promises of 'change' and the Democrat-led Congress' constant bashing of special interests on the campaign trail, it is clear that in just eighteen months, the politics of "hope" have been replaced with the politics of hypocrisy and cynicism.'"
From NBC's Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg If it’s Friday, it’s time for another First Read Top 10 list. Today, we look at what we consider the top issues playing out in midterm races across the country. The number in parentheses is our ranking from last month.
1. Washington/anti-establishment (1): This week, South Carolina Rep. Bob Inglis (R) became the fifth incumbent to lose a primary for re-election, and Gresham Barrett (R) became the third sitting senator or member of Congress to lose a bid for higher office. And check out this number from our current NBC/WSJ poll: just 26% say they are comfortable with a candidate who has served in Congress for more than 10 years.
2. Economy/jobs (3): This is still the overarching issue in campaigns across the country, and we're seeing it in TV ads like this one from Connecticut GOP Senate candidate Linda McMahon.
3. TARP/bailouts (4): How toxic are those 2008 TARP votes? Consider that all the members of Congress who have lost their primaries either for re-election or for higher office -- save one, who wasn't serving in Congress at the time -- voted for TARP. And another who voted for it, Blanche Lincoln, only narrowly won her primary earlier this month.
4. Barack Obama (6): Although his declining poll numbers still don't compare to Bush's in '06, Obama remains a key midterm issue, especially in the remaining GOP primaries where the candidates are trying to prove who is more conservative.
5. Social Security (unranked): As we turn to the general election, we're already seeing Democrats pounce on Republicans who have advocated privatizing or phasing out Social Security -- like Harry Reid in this TV ad against Sharron Angle. In our NBC/WSJ poll, wanting to phase out Social Security was the worst candidate attribute one could have.
6. Afghanistan/national security (10): Last month, this was at the bottom of our list. Now it's moved up after this week's McChrystal/Petraues news. In fact, check out this Web ad by Colorado Senate candidate Jane Norton, which aired before this weeks' developments.
7. Oil spill (unranked): Now that the spill has gone on for two months -- with no immediate end in sight -- candidates across the country, but especially in Gulf states, are having to respond to this issue. And it has given some candidates, like Charlie Crist, important leadership moments.
8. Competence (8): This remains an issue, whether it's the ex-governors (Barnes, Branstad, Brown, Kitzhaber) running for their old offices, or the female CEOs (Fiorina, McMahon, Whitman) on the campaign trail.
9. Immigration (5): As time has passed since Arizona passed its controversial immigration law, this topic has moved down our list. But it's still an issue -- as this Spanish-language TV ad by Meg Whitman suggests, in which Whitman tries to moderate her stance with Hispanics in the state.
10. Health care (7): Three months ago, when the health care bill passed Congress, few would have predicted this issue would be No. 10 on our list. But poll numbers like this from our NBC/WSJ poll -- a Democratic candidate who supports giving the law a chance beats a Republican calling for repeal, 51%-44% -- is one reason why the issue is no longer resonating as much as it once did.
Negotiators wrap up work on Wall Street reform, giving Obama and Democrats another potential victory… You can’t say this is a Do-Nothing Congress (though Republicans would argue it’s a Do-Too Much Congress)… Reform deal also is a feather in Obama’s cap as he heads to the G-8/G-20 in Canada… He was expected to make a statement about last night’s agreement before departing to Toronto… Remember Elena Kagan?... Rory who?... And Branstad picks his running mate.
From Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg *** Wrapping up Wall Street reform: Over the last few weeks, the work to reconcile the already-passed House and Senate financial reform bills has taken a back seat in the news to the Gulf oil spill, the midterm primaries, and the now the war in Afghanistan. But early this morning, negotiators finished their work, and Congress is expected to vote on the product next week -- with President Obama set to sign it into law before July 4. The Wall Street Journal writes: “The bill is expected to have enough support to become law. Both chambers plan to vote next week. The margin in the House and Senate will likely be close because most Republicans are expected to oppose the measure.” (The details of what’s in the legislation can be found in our “Congress” section.)
*** Hardly a Do-Nothing Congress: The agreement -- and the likelihood that Obama will sign it into law -- is yet another reminder about how much the White House and the Democratic-controlled Congress have done in the past year and a half (stimulus, health care, Wall Street reform, perhaps energy). You can’t say this is a Do-Nothing Congress; Then again, Republicans would argue it’s a Do-Too-Much Congress. It will be interesting to see how many Republicans end up voting for the final financial reform bill. While our NBC/WSJ poll showed the public’s concern about the government doing too much (49% say the government is doing too many things, versus 47% who think it should be doing more), it also favors more regulation of Wall Street, the oil industry, and big business. Per the poll, 65% want more regulation of the oil industry, 57% want more regulation of Wall Street firms, and 53% want more regulation of big corporations. As a result, we wouldn't be surprised to see more than just the three or four Senate Republicans we're used to voting for the final bill.
*** Oh, Canada: Last night’s Wall Street reform agreement also is a feather in Obama’s cap as he heads today to Canada for the G-8/G-20 summit, and he made remarks on the deal this morning before departing to Toronto. Treasury Secretary Tim Geithner released a statement saying that the agreement would provide momentum for global financial reform. “The progress made over the past two weeks is enormously important for the country and provides crucial momentum for global financial reform,” he said. “As the President travels to Toronto to attend the G-20 Summit, Congress has shown that America is ready to lead by example.” Obama arrives in Toronto at 10:30 am ET, attends a working lunch at 12:15 pm, takes a photo with the G-8 leaders and their families at 2:00 pm, and attends a working dinner beginning at 7:45 pm.
*** Remember Elena Kagan? Wall Street reform isn’t the only story that’s been overshadowed in the past few weeks by other news events. The other is Elena Kagan, whose confirmation hearings to serve on the Supreme Court begin on Monday. In our new NBC/WSJ poll, 29% said they supported her, 23% said they opposed her, and a whopping 47% said they don’t know enough about her. Translation: While Kagan is still expected to be confirmed -- due to the Democrats’ majority in the Senate, and Kagan’s successful one-on-one meetings with key senators -- next week’s hearings are going to be important because there has been so little attention on her so far. So a danger for Kagan and the White House is that if something negative happens at the hearings, that could end up defining her. By the way, Kagan's hearings themselves could be overshadowed next week by the Petraeus confirmation hearings.
*** Unemployment benefits extension blocked: Of course, Democrats are hoping that Kagan’s nomination fares better in the Senate than the legislation extending unemployment benefits. Writes the New York Times: “Legislation to extend unemployment subsidies for hundreds of thousands of Americans who have exhausted their jobless benefits teetered on the edge of collapse on Thursday, as Senate Democrats and Republicans traded bitter accusations about who was to blame for an eight-week impasse. Senate Republicans and a lone Democrat, Ben Nelson of Nebraska, joined forces to filibuster the bill in a procedural vote on Thursday. Visibly frustrated, the majority leader, Harry Reid, Democrat of Nevada, said he would move on to other business next week because he saw little chance of winning over any Republican votes.”
*** Rory who? Rory Reid may be the son of the Senate majority leader, but you wouldn’t know it from “Rory’s” kick off campaign ad in his bid for Nevada governor.
*** More midterm news: In Iowa, GOP gubernatorial nominee Terry Branstad picked conservative state Sen. Kim Reynolds as his running mate… In New Hampshire, Kelly Ayotte (R) has a TV ad that fires back at Paul Hodes (D), Politico says… And in Ohio, a spokesman to GOP gubernatorial nominee John Kasich “is apologizing for comments that seemed to mock … rival Ted Strickland for growing up in poverty,” the AP reports. “Nichols on Tuesday accused Strickland of ignoring Ohio's cities because Strickland had ‘grown up in a chicken shack’ in the state's Appalachia region.
Countdown to AL run-off: 18 days Countdown to GA primary: 25 days Countdown to OK primary: 32 days Countdown to KS and MO primaries: 39 days Countdown to CO and CT primaries: 46 days Countdown to Election Day 2010: 130 days
"Ending more than two weeks of often-contentious negotiations, House and Senate lawmakers reached agreement early Friday on the most far-reaching rewrite of financial rules since the Great Depression," the Los Angeles Times writes. "The final details, including creation of an agency to protect consumers in the financial marketplace and new regulations to reduce risk-taking by large banks and limit their trading of complex derivatives, were hashed out in a marathon 20-hour session that began Thursday morning."
Roll Call: "The vote puts the massive bill one step closer to the president's desk and marks a major victory for Senate Banking Chairman Chris Dodd… Votes are expected next week in the House and Senate. For Dodd, the legislation would be the capstone of his 30-year Senate career. The veteran Democratic lawmaker is retiring at the end of the year after five terms."
The Wall Street Journal on the details: "In two important ways, the agreement is tougher on the banking industry than officials in the Treasury Department anticipated when they first drafted their version of the bill 12 months ago. Lawmakers agreed to a provision known as the 'Volcker' rule, named after former Federal Reserve Chairman Paul Volcker, which prohibits banks from making risky bets with their own funds. To win support from Sen. Scott Brown (R., Mass.), Democrats agreed to allow financial companies to make limited investments in areas such as hedge funds and private-equity funds. The move could require some big banks to spin off divisions, known as proprietary-trading desks, which make bets with the firms' money."
"The bill also includes a provision, authored by Sen. Blanche Lincoln (D., Ark), which would limit the ability of federally insured banks to trade derivatives. This provision almost derailed the bill following vehement objections from New York Democrats. Ms. Lincoln worked out a deal in the early hours of Friday morning that would allow banks to trade interest-rate swaps, certain credit derivatives and others—in other words the kind of standard safeguards a bank would take to hedge its own risk."
Lots of other activity on the Hill yesterday… "Senate Democrats failed late Thursday to break a Republican filibuster of the tax-cut and unemployment-insurance extenders package, leaving its fate uncertain as Majority Leader Harry Reid (D-Nev.) moved on to a jobs bill," Roll Call reports. "The motion to take up the bill, which required 60 votes for adoption, failed 57-41. Sen. Ben Nelson (D-Neb.) joined all Republicans present in opposing the measure. Sens. Robert Byrd (D-W.Va.) and Lisa Murkowski (R-Alaska) did not vote."
"Congress on Thursday overwhelmingly passed the conference report on the Iran sanctions bill," The Hill reports. "The House passed the bill on a vote of 408-8 Thursday evening. The Senate, with a vote of 99-0 earlier Thursday, also cleared the legislation. Now President Barack Obama just has to sign the bill for it to become law." What are the sanctions? "The bill takes aim at Iran's refined petroleum sector. Businesses that help supply Iran with refined petroleum or help develop the country's own refining capacity would be penalized by the legislation. In addition, the Islamic Revolutionary Guard Corps comes under more scrutiny. Any financial institutions found to be doing business with the Guard or with blacklisted Iranian banks could be denied access to the U.S. financial system under the bill."
"Senate Democrats said Thursday that strong momentum is building within the caucus to tackle energy reform this year -- but with few specifics detailed after a closed-door caucus meeting, a path forward remains unclear."
"The House on Thursday narrowly approved a campaign finance bill that tightens disclosure requirements for corporate and union spending on political campaigns," The Hill reports. "The 219-206 vote on the Disclose Act came after weeks of aggressive lobbying by supporters, who cast it as fundamental to the health of American democracy, and critics, who assailed the bill as an unconstitutional infringement on the freedom of speech."
"The House on Thursday passed legislation to reverse a steep pay cut for Medicare doctors that took hold this month," The Hill writes. It passed 417-1 with Rep. George Miller of California the only no vote.
"The temporary 'doc-fix' bill will stave off the 21-percent cut until December, instead providing a 2.2 percent pay increase for doctors who treat Medicare patients," The Hill adds.
“President Obama said Thursday that there will be no additional changes for now in his leadership team on Afghanistan, but that he will be ‘insisting on unity of purpose’ and ‘paying very close attention’ to its performance,” the Washington Post writes. “His comments came as senior Republicans called on Obama to replace the U.S. ambassador to Afghanistan and the State Department diplomat working most closely on the issue. Both were disparaged by Gen. Stanley A. McChrystal and his aides in published remarks that led Obama to relieve McChrystal of the Afghanistan war command this week.”
The AP adds, “With Gen. David Petraeus in charge, the president said Thursday he's assembled the team that will take the U.S. through the months ahead -- by all expectations the make-or-break stage of the conflict.”
"Obama said July 2011 should be seen more as a date for a transfer of responsibility to Afghan forces. He also said he will be relying heavily on Petraeus' advice when the pullout date and war strategy come up for another major administration review in December," the New York Daily News adds.
"The chairman of the Joint Chiefs of Staff said he was 'nearly sick' when he read the magazine article that led to the resignation of Gen. Stanley McChrystal," The Hill writes. "'I couldn't believe it,' Adm. Mike Mullen said at a Pentagon press briefing Thursday afternoon. 'I was stunned.'"
The New York Post's headline on President Obama and Russian President Medvedev going for a burger yesterday: "A peace of meat: Bam & Medvedev's burger-joint summit." Obama got a cheddar cheeseburger; Medvedev went with jalapenos on his. And check this: "In a sign of a diplomatic thaw, they shared a single order of fries."
The New York Daily News: "War is hell. But diplomacy is a Hell burger, at least in the Obama White House on Thursday. The chowhound in chief treated Russian President Dmitry Medvedev to a fat, juicy sampling of an all-American meal at Ray's Hell Burger, just across the Potomac in Virginia."
Do the Taliban have C-SPAN? "(Petraeus) is not smarter than McChrystal," Taliban spokesman Qari Muhammad Ahmed Yusuf said in a statement. "Also, his losing consciousness last week in an investigative hearing before the members of the U.S. Congress brought his physical competence and his courage into question."
"A legal defense fund set up for Sarah Palin when she was Alaska governor was illegal, an investigator for the state Personnel Board said Thursday," the New York Daily News writes. That said, the investigator "found that Palin ... acted in good faith and relied on a team of attorneys to make sure the fund was lawful."
Some good news for Democrats? “The economy is slowly recovering but remains on its sickbed, and most signs still point to a rough cycle for the party… But digging deeper, beyond the national numbers, reveals at least a few glimmers of hope for Democrats — still fairly distant and faint, but bright enough to get campaign strategists scanning the horizon and weighing the odds,” the New York Times says. “That is because different parts of the country are recovering at different rates — and, in a bit of electoral good luck for the Democrats, some of the areas that are beginning to edge upward more quickly, like parts of Ohio, Pennsylvania and New York, happen to be in important battlegrounds for the House and the Senate.”
ARIZONA: "Arizona Senate candidate J.D. Hayworth (R) said it was a 'mistake' for him to appear in an infomercial for a company promising 'free money grants' to prospective customers. 'I should not have made the ad. It was a mistake,' the former congressman said in a statement Thursday," per The Hill. And: "I believed, as did former Congressman J.C.Watts, this to be a reputable firm, but I did not completely check out the organization," Hayworth said Thursday. "As a former broadcaster, I would often make ads for clients, but I regret my association with this firm." And when you've lost Glenn Beck... Beck declared on his radio show: "This guy's done."
FLORIDA: “Gov. Charlie Crist and would-be governor Bud Chiles are leading an unlikely cause: Candidates running without the infrastructure of the major parties -- or any party at all,” the Jacksonville Observer writes. “A recent poll by the Florida Chamber of Commerce Political Institute showed Crist to be in a strong position in his run and Chiles to be at least viable early in the campaign.”
"National Democratic fundraiser Nancy Jacobson organized a conference call last week to promote Florida Gov. Charlie Crist’s Senate bid, providing further evidence of the governor’s effort to court support in Democratic circles for his Independent campaign," Roll Call reports. "The invitation to the Friday morning call was distributed in Democratic lobbying and donor circles."
IOWA: “Former Gov. Terry Branstad named first-term state Sen. Kim Reynolds as his running mate Thursday, opting for a candidate who he said shares his conservative views on social and financial issues,” the Chicago Tribune writes.
KANSAS: "Sarah Palin (R) on Thursday backed Rep. Todd Tiahrt over Rep. Jerry Moran in the Kansas GOP Senate primary, giving a high-profile boost to the Congressman who currently trails in public polling," Roll Call writes.
OHIO: “A spokesman for Republican John Kasich is apologizing for comments that seemed to mock governor's campaign rival Ted Strickland for growing up in poverty,” the AP reports. “Nichols on Tuesday accused Strickland of ignoring Ohio's cities because Strickland had ‘grown up in a chicken shack’ in the state's Appalachia region.
From NBC's Ali Weinberg A day after he replaced Gen. Stanley McChrystal with Gen. David Petraeus as commander of the war in Afghanistan, President Obama dismissed a suggestion that the change in command would affect his timetable for withdrawal of combat troops from the country.
At a joint press conference with Russian President Dmitry Medvedev, Obama answered a reporter's question on the timetable by saying that an assessment of the war's progress -- to be held in December, a year after Obama announced his 30,000-troop increase in Afghanistan -- will help determine the pace of withdrawal from the region.
"We are in the midpoint of implementing the strategy that we came up with last year," Obama said. "We did not say that, starting July 2011, suddenly there would be no troops from the United States or allied countries in Afghanistan. We didn't say we should be switching off the lights or closing the door behind us," he added.
Obama also reiterated his support of Petraeus in his new role. "We will not miss a beat because of a change in command in the Afghan theater," he said. The two leaders' wide-ranging East Room press conference covered trade and economic issues as well -- with Obama expressing support for Russia's acceptance in the World Trade Organization and praising Medvedev's agreement to lift a ban on American poultry exports.
"Russia belongs in the WTO," Obama said. "It's good for Russia, America ,and the world economy." On poultry exports, Obama said, "Sometimes it's odd when you're sitting in historic meetings with your Russian counterpart to spend time talking about chicken," Obama said.
"But our ability to get resolved a trade dispute around poultry that is a multi-billion-dollar export for the United States was an indication of the seriousness with which President Medvedev and his team take all of these trade and commercial issues."
Obama also said that he found the initial signs "positive" after China's announcement that it will begin allowing its currency, the renminbi, to appreciate against the dollar.
From NBC's Pete Williams In dueling court filings late Wednesday, the government asked the judge who blocked the federal moratorium on offshore oil and gas drilling to put his own ruling on hold, while oil companies asked him to do just the opposite -- to speed up enforcement of his order, accusing the government of defying his ruling.
"Just hours after the court issued its preliminary injunction order," said lawyers for the oil service companies who originally challenged the moratorium, Interior Secretary Ken Salazar "announced the de facto continuance of the moratorium in direct defiance of this court's order." Salazar said in a statement Tuesday that the government would shortly issue a new moratorium on deepwater drilling. He also told a congressional hearing that "the moratorium stays in place," they said in their court filings.
Those comments, the energy company lawyers say, chill any efforts to resume drilling activity, which they claim is precisely what the judge was trying to prevent. Let the government appeal and try to get the judge's order stopped in court, they argue, but in the meantime make the government obey it.
The Justice Department, on the other hand, urged the judge to put his ruling on ice while the Obama administration seeks to have it reversed it in the federal appeals court in New Orleans. Keeping the moratorium in place, the government says, "would further serve the public interest by eliminating the risk of another drilling accident while new safety equipment standards and procedures are considered."
What's more, the government says, the oil companies have demonstrated a risk of short-term economic harm to the Gulf states, but the Interior Department sought the moratorium "to prevent the risk of more loss of life and long-term environmental and economic devastation like that arising from the Deepwater Horizon accident."
In the mean time, the Justice Department says, despite Secretary Salazar's statements, the government will comply with the judge's order blocking the moratorium.
Obama gets a leadership moment, and it couldn't have come at a better time for him… In fact, the Rolling Stone article might have been the best thing that has happened to him in a while… New NBC/WSJ poll has brutal numbers for Obama, and shows his trouble with the middle… BP is less popular than O.J. Simpson or Philip Morris… GOP retains its midterm edge in our poll, but it also shows why candidates like Rand Paul and Sharron Angle are vulnerable, even in this environment… And there's little buyer's remorse for Bush or Palin.
From Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg
*** Obama's leadership moment: Talk about turning a lemon into lemonade. President Obama's firing yesterday of Gen. Stanley McChrystal -- and replacing him with Gen. David Petraeus -- provided him with a leadership moment at a time he desperately needed it. Our brand-new NBC/WSJ poll (conducted before the Rolling Stone article came out) shows that Obama's scores on being able to handle a crisis, on being decisive, and having strong leadership qualities all have plummeted since last year. What's more, the Petraeus move also potentially gives Obama a parachute if Afghanistan is indeed unwinnable. Indeed, check out what GOP Sen. Lindsey Graham said yesterday: "Dave Petraeus is our best hope. If things don't change, nobody can pull it out in Afghanistan." So in terms of giving him a leadership moment, er, commander-in-chief moment, as well as political cover if the situation in Afghanistan doesn't improve, that Rolling Stone article might turn out to be the best thing to have happened to President Obama in quite some time.
*** Yo, Michelle: Our new NBC/WSJ poll is pretty brutal for President Obama. Picture Rocky Balboa after seven rounds -- bruised, bleeding, black eye. That's what Obama looks like in our poll. But Obama hasn't been knocked down or knocked out, yet he certainly looks wobbly. And to beat this analogy to death, a defender would argue that it appears he's taking on Apollo Creed (the economy), Clubber Lang (concerns about the deficit), and Ivan Drago (the oil spill) all at the same time. For the first time in our survey, Obama's approval rating is upside down (at 45%-48%); for the first time in his presidency, more than 60% believe the country is on the wrong track; and for the first time in his presidency, Obama's "very negative" score on the feeling thermometer nearly matches his "very positive" score. The White House has recently been fond of using the phrase "inflection point" to indicate a new chapter in terms of their handling of the oil spill. Well, this poll is potentially an inflection point in terms of public opinion on this president. After months of keeping his head about water, he's now been dragged down to be unpopular as the rest of Washington.
*** Trouble with his mid-section: Much of the erosion in Obama's numbers has come from the middle. His approval among independents is upside down at 37%-52%; his approval in the suburbs is 44%-50%; his approval among suburban women is at 44%-51%; and his approval in the Midwest -- which was an important source of strength for him in 2008, in both the primaries and general election -- is at 44%-52%. What continues to sustain Obama, even during these tough times, is his base. African Americans approve of his job by a whopping 91%-5%; Hispanics back him 60%-33%; those 18 to 34 approve of his job by a 53%-40% (though that's down); and Democrats back him 76%-17% (though that's also down a few ticks). Our pollsters wouldn't say if Obama's overall approval rating has reached its floor, but they say that the way he gets his numbers up is for the right track/wrong track numbers to improve. And that means more people feeling better about the state of the economy and the situation in the Gulf.
*** BP -- less popular than O.J. or Philip Morris: Speaking of the Gulf spill, there is little doubt that it has played a significant role in the president's declining poll numbers. In our survey -- conducted AFTER his Oval Office address and his work getting BP to set up a $20 billion escrow account -- 50% STILL say they disapprove of his handling of the spill, versus 42% who approve. Nevertheless, the president fares a tad better than others on his handling of the spill as 48% believe he has done more or as much as expected in dealing the spill, compared with 39% who say the same of Congress, 36% who say that of the federal government, and just 27% who say that about BP. Indeed, the poll shows that only 6% hold a favorable rating of the oil company itself. And in the history of the NBC/WSJ poll, Saddam Hussein (at 3%), Fidel Castro (3%), and Yasser Arafat (4%) have had lower favorable scores, and O.J. Simpson (11%) and tobacco-maker Philip Morris (15%) have had higher ratings. Wow. Heckuva job, Tony.
*** The GOP's midterm edge: Turning to the midterms, the poll shows the Republican Party with the edge heading into November. The GOP holds a two-point advantage over Democrats (45%-43%) on our generic-ballot question. And while that's margin of error stuff, this is the Republicans' second-straight lead here, which hasn't occurred in our poll since 2002; the trend in favor the Republicans IS significant. And among high-interest voters, the GOP has a whopping 21-point edge over Democrats (56%-35%). So we've seen three key indicators move in the GOP's direction: generic ballot, right track/wrong track, and Obama's approval rating.
*** Why Rand Paul and Sharron Angle are vulnerable, even in this environment: But the poll also contains warning signs for both parties. One question in our poll measured a host of candidate attributes to consider. The highest-scoring ones included: "supporting cutting federal spending" (which would appear to benefit GOP candidates); "favors financial reform of Wall Street" (which would seem to help Democrats), "favors the new law in Arizona on immigration" (advantage GOP), and "supports repealing the health care reform law" (advantage GOP). The lowest-scoring ones were: "is endorsed by Sarah Palin" (advantage Democrats), "supported the economic policies of George W. Bush" (advantage Democrats), "supports abolishing some federal agencies, including the Department of Education" (like some GOP candidates have called for), and "supports phasing out Social Security" (as some GOP candidates also are advocating). Folks, here is your playbook on how Democrats are going to try to win races this cycle.
*** No buyer's remorse: And here's one last set of numbers from our poll: Despite Obama's lower ratings, the public isn't experiencing buyer's remorse with George W. Bush. His fav/unfav score in our poll is 29%-50% -- which is similar to his rating as he left office. By the way, Sarah Palin's fav/unfav is also upside down in the poll at 29%-43%.
Countdown to AL run-off: 19 days
Countdown to GA primary: 26 days
Countdown to OK primary: 33 days
Countdown to KS and MO primaries: 40 days
Countdown to CO and CT primaries: 47 days
Countdown to Election Day 2010: 131 days
"President Obama yesterday replaced General Stanley A. McChrystal following the four-star general’s disparaging remarks about the White House leadership. The president turned to General David H. Petraeus, architect of the Iraq war turnaround, to take over the US and NATO command in Afghanistan," the Boston Globe says.
The New York Times gives the behind-the-scenes recap of the McChrystal firing, including that the president consulted with Colin Powell. "Mr. Obama, aides say, consulted with advisers -- some, like Defense Secretary Robert M. Gates, who warned of the dangers of replacing General McChrystal, others, like his political advisers, who thought he had to go. He reached out for advice to a soldier-statesman, Colin L. Powell. He identified a possible successor to lead the war in Afghanistan. And then, finally, the president ended General McChrystal’s command in a meeting that lasted only 20 minutes. According to one aide, the general apologized, offered his resignation and did not lobby for his job. After a seesaw debate among White House officials, 'there was a basic meeting of the minds,' said Rahm Emanuel, the White House chief of staff and a major player in the deliberations. 'This was not good for the mission, the military and morale,' Mr. Emanuel said."
The AP notes Petraeus' prior health issues in a largely glowing article about his leadership style. "The post will mean another long stint overseas for a man who had three tours in Iraq. His return to the U.S. did not mean much more time with his wife, Holly, in Tampa, however. He spent more than 300 days on the road last year, even as he battled prostate cancer. He was later declared free of the disease after a course of chemotherapy."
The New York Daily News: "President Obama put a new face on America's longest war Wednesday, but the chances of victory in Afghanistan are grimmer than the odds Gen. David Petraeus faced in Iraq."
The Daily News' McAuliffe: "The explosion that flattened Gen. Stanley McChrystal began quietly enough Monday, with a subscriber to Rolling Stone magazine downloading a pdf from the latest issue a little before 5 p.m. That subscriber happened to work in the White House… "The awareness of the article and its explosive discussions spread quickly through the White House, with senior officials such as David Axelrod, Ben Rhodes, and Denis McDonough holding hasty discussions, and Rahm Emanuel and National Security Council Chief of Staff Denis McDonough being called back to work. White House spokesman Robert Gibbs was the one to break the news to President Obama, a little before 8 p.m. Officials said Obama only needed to read a few paragraphs of the of-the-reservation opus before his anger was readily apparent to the press secretary, and Obama quickly called for a broader meeting in the Oval Office. It soon became apparent that the off-script Ranger may have to go, even though the President wanted to look McChrystal in the eye and talk over his published blunder before making a final decision to give him the boot, officials said."
The AP looks at Obama's words in firing McChrystal vs. Truman's words in firing Douglas MacArthur.
Here is our take on the new NBC/WSJ poll: Two months of oil continuing to gush from a well off the Gulf Coast, as well as an unemployment rate still near 10 percent, have taken a toll on President Barack Obama and his standing with the American public… For the first time in the survey, more disapprove of his job performance than approve; for the first time in his presidency, more than 60 percent believe the country is on the wrong track; and as he relieves Gen. Stanley McChrystal of his command in Afghanistan, Obama's scores on being able to handle a crisis and on being decisive have plummeted since last year."
"This is a president who has been bruised and bloodied by the events of the past few months, although not yet knocked down, say the Democratic and Republican pollsters who conducted the survey. 'There is just no way that an American president is not going to see his job rating affected' after these events, observed GOP pollster Bill McInturff. 'The little faint signs [of improvement] we were seeing in April and May have been squished by two months of this story in the Gulf.'"
The Wall Street Journal's take: "Americans are more pessimistic about the state of the country and less confident in President Barack Obama's leadership than at any point since Mr. Obama entered the White House… The results show 'a really ugly mood and an unhappy electorate,' said Democratic pollster Peter Hart… 'The voters, I think, are just looking for change, and that means bad news for incumbents and in particular for the Democrats.'"
Here is Greg Sargent's take: "[T]he spill appears to be taking a serious toll: There have been sharp drops in the numbers of those who think Obama is effective handling a crisis (down to 40 percent) and who think he's decisive (down to 44 percent). The poll was taken before the sacking of McChrystal, so it'll be interesting to see if that public display of leadership and decisiveness puts any dent in these trends."
NBC's Pete Williams reports: "In dueling court filings late Wednesday, the government asked the judge who blocked the federal moratorium on offshore oil and gas drilling to put his own ruling on hold, while oil companies asked him to do just the opposite -- to speed up enforcement of his order, accusing the government of defying his ruling." (More on that later on the blog.)
In case you missed it, the AP notes: "President Barack Obama is nominating John Podesta, a key political ally, to serve on the board that helps set policies and direction for the government's national service agency."
The AP previews Obama's meeting with Russia's President Medvedev today: "The Obama administration is showcasing what it sees as one of its main foreign policy successes, warmer relations with Russia."
The New York Times looks at the GOP playbook on SCOTUS nominee Elena Kagan. “After weeks of lying low, Republicans on Wednesday began stepping up their attacks on Elena Kagan, and are laying the groundwork to oppose her confirmation to the Supreme Court by casting her as a partisan Democrat who has spent more time practicing politics than law.”
"Outside groups with a stake in who sits on the Supreme Court are hoping that Senate confirmation hearings of Elena Kagan will energize their supporters and capture the attention of a public focused on other matters," Roll Call writes. "So far, the lead-up to the Senate deliberations, scheduled to begin next week, has been a bit of a snooze, overshadowed by headline-grabbing events such as the BP oil spill and dogged by the perception that Republicans don’t have the votes to block Kagan’s confirmation. But leaders of conservative groups who oppose Kagan, in particular, say that both the Judiciary Committee hearings and full Senate debate have the potential to be a wake-up call by highlighting damaging information that could sink her confirmation."
Roll Call's lead story is on Joe Barton: "Apologizing is en vogue in Washington, D.C., these days. But whether it’s a widely respected military leader or a conservative GOP lawmaker under fire over controversial statements, 'I’m sorry' doesn’t always work out in the end."
The New York Times editorial: "House Republicans had their chance to do the right thing and remove Joe Barton as the ranking Republican on the energy committee. Instead, they applauded him. After Mr. Barton tried apologizing again before his party’s private caucus, John Boehner, the Republican leader, said 'the issue is closed.' Mr. Boehner showed his clear loyalties -- protecting party hacks and the oil industry -- when he decided that Mr. Barton should keep his central role in the Republican Party’s energy policy. Mr. Boehner cited Mr. Barton’s 'poor choice of words,' as if it were an oratorical gaffe and not a glimpse at deeper outrage that government dared to call Big Oil to account."
"If gaffes were a legitimate reason to resign, Vice President Joe Biden would already be out of office, House Minority Whip Eric Cantor said Thursday," The Hill reports. Eric Cantor: "If the standard for resignation was a YouTube moment or an inappropriate statement, wouldn't you think the vice president would be handing in his letters twice a week?" (It all depends on your definition of "gaffe," we suppose; what Barton said was in his prepared remarks.)
Politico’s Martin takes a look at the possible implications of Tea Party nominees: “The decorous and staid U.S. Senate could get a lot rowdier in 2011… [T]hey aren’t expecting to come to the capital to go along so they can get along. They are non-conformists who tend to chafe at authority, with both Rand Paul in Kentucky and Sharron Angle in Nevada making names for themselves by bucking the established order.
The Washington Post’s Cillizza and Roll Call's McArdle praise the Club for Growth, whose heavily funded South Carolina candidates Tim Scott and Jeff Duncan both won their primaries yesterday. Cillizza: “Those victories prove, yet again, that the Club's support -- in the form of bundled donations and spending on ads and direct mail -- matters in a real way in contested Republican primaries.”
McArdle: "Perhaps overshadowed in a primary season that has come to be defined by the noise of the tea party movement is the current winning streak of a much older conservative powerhouse: the anti-tax Club for Growth. A day after GOP House candidates Tim Scott and Jeff Duncan won their respective runoffs in South Carolina, Club for Growth President and former Rep. Chris Chocola (R-Ind.) was crowing about the rise of 'Generation Club.' Those wins come in the wake of GOP Rep. Tom Graves’ special election victory in Georgia earlier this month and a pair of Senate primary victories by club-backed candidates."
But let's remember: The Club for Growth has time and again shown it can make a dent in GOP primaries. What will be interesting to see if some of these candidates end up costing Republicans in competitive races in the general election.
ALABAMA: “Republican candidate for governor Robert Bentley has picked up an endorsement from Tim James’ campaign chairman, former U.S. Rep. Sonny Callahan of Mobile,” the AP reports.
CALIFORNIA: “It looks like Californians can brace themselves for a long season of campaign ads,” the L.A. Times writes after previewing gubernatorial candidate Meg Whitman’s first general-election ad: “Through a stylized montage that moves through Brown's four decades in California politics, Whitman makes reference to the death penalty and Bill Clinton to make the case against Brown. The ad uses a clip from a debate between Brown and Clinton when the two men ran against each other for the Democratic presidential nomination in 1992. In the clip, Clinton says Brown ‘reinvents himself every year or two.’”
KENTUCKY: “Kentucky Republican senatorial candidate Rand Paul is seeking fundraising help from GOP lawmakers who voted for the massive 2008 financial bailout, flip-flopping on a campaign promise to shun those lawmakers,” the AP writes. Nine of the 12 senators listed on an invitation to a D.C. fundraiser tonight voted in favor of the TARP legislation.
LOUISIANA: “An aide to Sen. David Vitter (R-La.) resigned Wednesday after reports emerged that he had pled guilty to after an arrest for attacking an ex-girlfriend with a knife,” The Hill writes. “According to ABC News, Furer has spent the last five years in Vitter's office working, among other things, on women's issues.”
MARYLAND: An internal Democratic poll for Rep. Frank Kratovil has him leading 44%-39% despite the electorate's party preference choice for a Republican 39%-32%.
OHIO: Stu Rothenberg: "In bashing Bush, Buckeye State Democrats are scoring points against Portman. Not everyone, however, is sure whether the Bush strategy will prove effective nationally or even in Ohio." TEXAS: Former President Bill Clinton will endorse Bill White's bid for governor of Texas today, Politico reports.
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