Holder: We Won’t Criticize It.

“The eight high-priority areas leave prosecutors bent on targeting marijuana businesses with a fair amount of leeway, especially the exception for ‘adverse public health consequences.’ And prosecutors have shown a willingness to aggressively interpret DOJ guidance in the past, as the many medical marijuana dispensary owners now behind bars can attest…But the official stressed that the guidance was not optional, and that prosecutors would no longer be allowed to use the sheer volume of sales or the for-profit status of an operation as triggers for prosecution, though these factors could still affect their prosecutorial decisions.”

In keeping with recent trends, and in what Ryan Grim bills as “a historic step back from its long-running drug war,” AG Eric Holder announces that DOJ will not actively challenge state marijuana decriminalization laws in Washington and Colorado. “A Justice Department official said that Holder told the governors…that the department would take a ‘trust but verify approach’ to the state laws. DOJ is reserving its right to file a preemption lawsuit at a later date, since the states’ regulation of marijuana is illegal under the Controlled Substances Act.”

Really, given that Obama himself was a documented bogarter-of-joints — Bad Form, Mr. President — any other policy towards Washington and Colorado would be extraordinarily hypocritical, even for this administration. And with that out of the way, may I offer some handy advice to my fellow Democrats, if we want to get to serious about this whole winning-elections thing? Take a page from Karl Rove’s old gay marriage playbook and get medicinal marijuana and marijuana decriminalization initiatives on as many state ballots as possible in 2014 and beyond — particularly in the midterm elections when youth turnout is low. It’s the right thing to do, and it’ll even further accelerate the ticking clock working against the GOP.

So Booker’s a Bust.

“If he is elected to the Senate, Newark Mayor Cory Booker says he will bring a spirit of ‘entrepreneurship’ that the federal government lacks.” Entrepreneurship? Really? Of all the many worthwhile virtues you could have chosen, you emerge with that trite, Powerpoint-y nugget? Oh, hell no. Like the Senate really needs another erstwhile “progressive” who spends all of his days engaging in corporate seminar happy talk.

Like many others, I first began to get a queasy feeling about him when he started shilling for Bain Capital during the election last year. Nonetheless, this recent interview makes clear that Newark Mayor Cory Booker, his enjoyable Twitter feed and hometown heroics notwithstanding, is yet another Carcetti in the making. To wit:

“For Social Security, Booker said he opposes raising the retirement age for most people in the country — except, perhaps, for people in their 20s or younger –- because the country made promises to them.” (my emphasis) — WRONG ANSWER.

Despite all the “Social Security is Doomed!”-type hysteria you see regularly oozing forth from the well-funded Pete Petersons of the world, the Social Security Trust Fund is in fine shape, and would be in even better standing if we worked harder to get the economy moving again. And, to do that, if anything the retirement age should be lowered, so that jobs free up for younger workers.

Also, at a time when the American Dream is on the verge of foundering for all but the wealthiest few, Social Security benefits should be MORE generous, not less. Putting money in consumer’s hands helps to grow the economy — We’ve known this for eighty years now.

But way to illustrate an innate mastery of the nonsense language that is Grand Bargain Washington-ese, before even setting foot in this town. It’s like you’ve been to the same fundraisers or something. And here’s more from the same interview:

“And he said he believes the federal government has gone too far in its secret surveillance programs, but he called Holt’s position that Congress should throw out the Patriot Act and start over ‘a little irresponsible.’ (my emphasis) WRONG ANSWER.

Really, at this late date, do I really have to explain why the PATRIOT Act was a terrible overreach and thoroughly un-American piece of legislation? We’ve already seen Senate Dems fold like an accordion on this issue in 2006 and 2011. But, here again, notice how Booker is pulling an Obama and hemming and hawing about how the surveillance state is out of whack, all the while promising to maintain its fundament, foundation, and cornerstone.

Yeah, sorry, Mayor Booker. Like I said, you appear to have done well in Newark, and keeping it real on Twitter is fun and all. But we hardly need any more mealy-mouthed Third Way types parroting pro-business talking points and Beltway pablum in the United States Senate. No mas.

Here is the House.

“Let’s see where she stands, OK? Yesterday, an amendment leaped over ‘a key hurdle’ in the Senate…The amendment in question mandates that we spend an absurd amount of money on ‘border security’ because we love to spend absurd amounts of money on anything that looks remotely military or remotely like law enforcement, and “border security” looks a lot like both. We will also spend an absurd amount of money on “border security” because that was the only way to bribe enough Republicans to vote in such a way as to allow the amendment to clear the ‘key hurdle.’ So what was the ‘key hurdle.’ Enough senators voted for the amendment to spend an absurd amount of money on ‘border security’ to allow the amendment itself to be voted on in the Senate.”

The indispensable Charles Pierce checks in on immigration reform in the Senate, and underlines anew one of the fundamental truths of our current politics. To wit:

In 2010, the American people elected what is possibly the worst national legislature in the history of the Republic. They also elected some of the worst state legislatures in the history of the Republic, too, which thereupon enacted redistricting and gerrymandering schemes guaranteeing that subsequent national legislatures elected wouldn’t be much better. In 2010, the country committed itself to decades of gridlock, mediocrity, and a perpetual state of hysterical paralysis in the national government. It would be nice if this were pointed out with somewhat more regularity.”

Update: Some telling stats by way of Dangerous Meta: “The much-criticized 112th Congress — from 2011 to 2012 — was the least productive and least popular Congress on record, according to the available statistics…only 15 legislative items have become law under the current Congress. That’s fewer than the 23 items that became law at this same point in the 112th Congress, which passed a historically low number of bills that were signed into law.”

Bad News Cuomo.

“For reasons both similar and different, the governor and the real estate/Wall Street/ low-wage employer wings of the Democratic Party in New York would like to see the Working Families Party disappear. The WFP is the most persistent threat to the power of business interests in the Empire State, and the governor doesn’t want anyone to point out that he governs as a centrist on economic issues and a liberal only on social issues.”

In The Nation, Katrina vanden Heuvel calls out Andrew Cuomo’s sad attempt to use recent corruption scandals as a pretext to bury the Working Families Party. “The Millionaire’s Tax, Paid Sick Days, the minimum wage, Rockefeller Drug Law reform, the Green Jobs Act, the emergence of the Progressive Caucus in NYC, the inclusionary zoning rules, the passage of the Wage Theft and Domestic Workers Acts — each of these, in ways large or small, got a boost from the electoral savvy and relationships that the WFP shows day after day across the state.”

Most progressive-minded folks in and around the New York area already know this, but just in case and since the Governor is clearly gunning for 2016 and beyond: Andrew Cuomo is not one of us. He’s just another ambitious centrist-Dem type who harbors no real values of his own, and who will do whatever it takes to keep moving up the political food chain — which usually means doing whatever the people holding the bags of money want him to do. Note the paragraph and links from Buzzfeed below.

“His recent rhetoric aside, Cuomo has staked out a relatively conservative record on economic issues, from cutting programs cherished by many in his own party and battling public workers, to eschewing progressive taxation and moving to silence Occupy Wall Street protestors. Such an agenda has helped Cuomo win favor with the well-heeled business and donor community in New York, influential conservative editorial pages, and Republicans, all adding up to very high approval ratings[.]” Simply put, he’s emphatically not the candidate progressives should rally around in 2016.

Too Big to Countenance.

“Today, the nation’s four largest banks — JPMorgan Chase, Bank of America, Citigroup and Wells Fargo — are nearly $2 trillion larger than they were before the crisis, with a greater market share than ever. And the federal help continues — not as direct bailouts, but in the form of an implicit government guarantee. The market knows that the government won’t allow these institutions to fail. It’s the ultimate insurance policy — one with no coverage limits or premiums.”

Joining ranks across the partisan divide, Senators Sherrod Brown and David Vitter introduce legislation aimed at ending Too Big To Fail: “The senators want the major banks to increase their own tangible equity so that shareholders, and not just taxpayers, take responsibility for their risky actions. They want the banks to have greater liquidity by holding more assets they can immediately turn into cash in a financial crisis. They say they want to keep Wall Street banks that enjoy government backing from gaming the financial system with credit derivatives and other risk-inflated schemes, which even JP Morgan Chase’s own employees failed to catch until too late.”

Naturally, the banks will be fighting this with everything they have, and Goliath usually wins these fights in Washington. They’re already leaning on one of their favorite Senators, Chuck Schumer, to block Brown from ascending to Chair of the Senate Banking Committee. Nonetheless, the progressive-conservative alliance here suggests, at the very least, a new wrinkle in the game.

In related news, companies are also wheeling out the Big Guns to threaten the Securities and Exchange Commission over potential new corporate disclosure rules for political spending — namely, making businesses disclose their campaign donations to their shareholders. Seems innocuous enough, but of course, “[t]he trade associations lining up in opposition to the rule amount to a roll call of the most politically influential — and highly regulated — industries in the country.”

Lo, Here Comes the Flood.


“The Court today rejects a century of history when it treats the distinction between corporate and individual campaign spending as an invidious novelty born of Austin v. Michigan Chamber of Commerce, 494 U. S. 652 (1990). Relying largely on individual dissenting opinions, the majority blazes through our precedents, overruling or disavowing a body of case law…The Court’s ruling threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution.

Well, it was a nice republic while it lasted. In a 5-4 decision, the Supreme Court finally hands down its Citzens United verdict, and it is ugly. [Full Text] Basically, the distinction between corporations and individuals has been erased, and, by the already dubious proposition that money is speech, unlimited corporate expenditures in campaigns is now just good, old-fashioned government. Welcome to the new Lochner era, y’all.

By the way, this is a much, much bigger deal than Scott Brown or the effing Edwards baby. Not that you’d know that from watching the news right now.

Update: More reactions:

Fred Wertheimer, Democracy 21: “Today’s Supreme Court decision in the Citizens United case is a disaster for the American people and a dark day for the Supreme Court…With a stroke of the pen, five Justices wiped out a century of American history devoted to preventing corporate corruption of our democracy.

Bob Edgar, Common Cause: “The Roberts Court today made a bad situation worse. This decision allows Wall Street to tap its vast corporate profits to drown out the voice of the public in our democracy. The path from here is clear: Congress must free itself from Wall Street’s grip so Main Street can finally get a fair shake.

Robert Weissman, Public Citizen: “Shed a tear for our democracy…Money from Exxon, Goldman Sachs, Pfizer and the rest of the Fortune 500 is already corroding the policy making process in Washington, state capitals and city halls. Today, the Supreme Court tells these corporate giants that they have a constitutional right to trample our democracy.

Sen. Russ Feingold (D-WI): “[T]his decision was a terrible mistake. Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns. Just six years ago, the Court said that the prohibition on corporations and unions dipping into their treasuries to influence campaigns was ‘firmly embedded in our law.’ Yet this Court has just upended that prohibition, and a century’s worth of campaign finance law designed to stem corruption in government. The American people will pay dearly for this decision when, more than ever, their voices are drowned out by corporate spending in our federal elections.

President Obama: “With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington–while undermining the influence of average Americans who make small contributions to support their preferred candidates. That’s why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less.

Slate‘s Dahlia Lithwick: “Even former Chief Justice William H. Rehnquist once warned that treating corporate spending as the First Amendment equivalent of individual free speech is ‘to confuse metaphor with reality.’ Today that metaphor won a very real victory at the Supreme Court. And as a consequence some very real corporations are feeling very, very good.