The Progressives Made Us Do It.

“‘We’ve spent countless hours over the last few days in consultation with senators who’ve shown a genuine desire to reform the health-care system,’ Reid said. ‘And I believe there’s a strong consensus to move forward in this direction.'” Yer damn skippy. The Senate health care reform bill will include an opt-out public option, mainly because Senate progressives demanded it. “Reid and the leadership faced this basic math: There is only one Snowe and there are 60 members of the Democratic caucus. If just a few Democrats abandoned the bill, it would fall short even with Snowe’s support.

Also worth reading, Nate Silver’s concise ten-point summation of why a public option made the Senate bill. Note #1: “The tireless, and occasionally tiresome, advocacy on behalf of liberal bloggers and interest groups for the public option. Whatever you think of their tactics — I haven’t always agreed with them — the sheer amount of focus and energy expended on their behalf has been very important, keeping the issue alive in the public debate.” Keep up the good fight, y’all. This ain’t over yet.

Update: To wit, Senator Lieberman is up to his old antics: “I told Senator Reid that…if the bill remains what it is now, I will not be able to support a cloture motion before final passage. Therefore I will try to stop the passage of the bill.” Let’s remember. Lieberman — who played this same game back in 1994 — was allowed to keep his chair last November mainly on the pretense that he wouldn’t hold up important Democratic legislation. One would think this counts.

A Republic Needs No Subjects.

“The Obama administration has clung for so long to the Bush administration’s expansive claims of national security and executive power that it is in danger of turning President George W. Bush’s cover-up of abuses committed in the name of fighting terrorism into President Barack Obama’s cover-up.” In an editorial applauded by Salon‘s Glenn Greenwald, the NYT calls out the Obama administration for their appalling and Dubyaesque record on civil liberties.

As Greenwald well notes: “All of this vividly underscores a vital point. There is simply no way that a person with even the most minimal levels of intellectual integrity could have objected to these actions during the Bush years yet defend them now that Obama is doing them, or even refrain from objecting just as loudly.

See also Sen. Feingold’s recent and angry post on dKos this month (coupled with this statement on the Senate Judiciary committee) on the hamstringing of his attempts to revise the Patriot Act. Far too many ostensible civil libertarians in the Democratic Party have been rolling over for this administration since January — The time for giving the benefit of the doubt has passed. On this — and other crucial issues before us — it’s time to put this admin’s feet to the fire and hold the president to his word.

Thud.

“‘Our health-care system is simply unsustainable,’ the Montana Democrat said during a news conference today at which he appeared without any other lawmaker. ‘It’s time to act.’” Well, at least we agree on that much. After frittering away a month trying to appease obvious GOP irreconcilables, Sen. Max Baucus finally releases the Senate Finance health reform bill. [Here it is.] Key components include co-ops, a tax on “cadillac” insurance plans (which still doesn’t make much sense to me), cheapo catastrophic insurance for people under 25, and, of course, no public option.

Suffice to say, it’s not up to snuff, and many important folks aren’t particularly happy. “On the House side, the Baucus proposal falls very, very short…Sen. Russ Feingold (D-Wisc.) was disappointed by the Baucus bill, calling it ‘health care reform in name only.’” Said Rep. Anthony Weiner of the failed attempts at bipartisanship: “The Senate and the president to some extent have been like a child looking for a unicorn. I don’t see it.Nor is HCAN amused.

Update: Whatever you think of the Baucus bill, one thing is clear: Despite what they’re saying now, the Republicans got what they wanted…just ask Kent Conrad.

Stuck in the Middle with You.

“That large-heartedness – that concern and regard for the plight of others – is not a partisan feeling. It is not a Republican or a Democratic feeling. It, too, is part of the American character. Our ability to stand in other people’s shoes. A recognition that we are all in this together; that when fortune turns against one of us, others are there to lend a helping hand. A belief that in this country, hard work and responsibility should be rewarded by some measure of security and fair play; and an acknowledgment that sometimes government has to step in to help deliver on that promise.

As I’m sure you know, President Obama delivered his health care reform address to Congress last night. [Transcript.] My thoughts on it are mixed.

On one hand, speaking in terms of rhetoric, style, and delivery, this was an amazing speech, his best since the campaign days. While it’s an open question how long its effects will linger, the address clearly and decisively helped move the reform ball forward. And the emotional closer, featuring Ted Kennedy’s heartfelt final words to the President, was incredibly moving. In sum, it’s the exemplary address we knew Obama had in him on this issue, and he brought it home perfectly.

But, all that being said, I can’t shake the nagging feeling that [a] the policy being outlined last night didn’t quite jibe with the wonderful speech, and, as all too common of late, [b] the president far too readily threw his left flank — the very people who sweat blood and tears to get him elected — under the bus.

To take the second part first, Obama early on indulged in an irritating and textbook case of Beltway false equivalence by setting himself up as the sensible middle between those cuh-rrrrazy single-payer types on the left and the free market fundies on the right. (“There are those on the left who believe that the only way to fix the system is through a single-payer system like Canada’s…“) Uh, yes, and not so long ago, Mr. President, you were among them. I feel like I’ve said this several times recently, but painting the left as dingbats to shore up one’s centrist bona fides is a pretty tired parlor trick at this point, and it never gets any less insulting.

As an aside, on the way into work yesterday, I — and everyone else around the Metro — was accosted by guys in Grim Reaper costumes and bullhorns, telling us all, basically, that violence will erupt and we will all die if this health care bill passes. Y’know, there’s a term for telling people they’ll be killed if a political event happens — We call it terrorism. (As it turns out, there’s a term for wearing a hood while telling people they’ll be killed too.) Well, imagine my surprise to hear — from the president I’ve vocally supported for two years now — that me and my fellow clowns on the left are just as part of the health care problem as these jokers are on the right. I have to admit, it kinda tempers the enthusiasm.

And then there was the discussion of the public option. Yes, the President did make a case for the public option in last night’s remarks: “[A]n additional step we can take to keep insurance companies honest is by making a not-for-profit public option available in the insurance exchange…It would also keep pressure on private insurers to keep their policies affordable and treat their customers better.” In addition, the President correctly pointed out, “It’s worth noting that a strong majority of Americans still favor a public insurance option of the sort I’ve proposed tonight.

But what the President giveth, the President also taketh away. The public option was clearly brought up in the speech after the non-negotiable section. (“While there remain some significant details to be ironed out, I believe a broad consensus exists for the aspects of the plan I just outlined.“)

Indeed, in case we missed the point, President Obama later made it clear: “To my progressive friends, I would remind you that…[t]he public option is only a means to [an] end – and we should remain open to other ideas that accomplish our ultimate goal.

He then went on to float two “compromise” ideas that, for all intent and purposes, are public option killers: (1) a trigger and (2) co-ops. (“For example, some have suggested that that the public option go into effect only in those markets where insurance companies are not providing affordable policies. Others propose a co-op or another non-profit entity to administer the plan.“)

The trigger notion — the idea that if the insurance companies don’t fix the problem themselves, a public option would then be “triggered” into existence — is in effect, as one progressive well put it, a threat made with an unloaded gun. It’s kabuki theater, pure and simple, because everyone knows that Congress never pulls the trigger in question. (See also the cost of prescription drugs in Medicare Part D.) As Slate‘s Tim Noah recently ably pointed out, triggers are used all the time as “compromise” fodder, and what they really mean is we’re going to pretend to have addressed the problem and let things go on as they have. And, really, how much worse would insurance companies have to fail before this trigger kicked in? We’re talking about health care reform right now because the system is already broken.

As for co-ops, there’s a good reason they are the compromise that the insurance industry tends to favor. Most likely, they’ll be too small, weak, and scattered to bring real competition to the market.

So, granted, we don’t have a final bill yet, and there are many strong advocates of a public option in the House who will continue to fight for it. But, if the public option is as expendable to the administration as it seemed last night, then we may have some problems.

To wit, if a health care reform bill passes that has an individual mandate (i.e. everyone has to buy insurance), limited subsidies (to keep costs down), and no public option, than what’s basically happening is this: People are being forced to buy insurance they likely still can’t afford from the very private companies that are making vast amounts of coin from the current, broken system. If this sounds like a huge boon for private insurance companies, it is. (One might even start to think they had a hand in writing the legislation.) Yes, a larger risk pool should make health insurance cheaper — but without a public option keeping rates honest, what guarantee do we have that these savings would be passed on to the consumer?

Along those lines, President Obama also made the case last night for a tax on premium plans to help pay for reform. (“This reform will charge insurance companies a fee for their most expensive policies, which will encourage them to provide greater value for the money – an idea which has the support of Democratic and Republican experts.“) But, again, without a robust public option holding the private industry’s feet to the fire, what will stop said insurance companies from just passing these costs down the line, in the form of higher premiums across the board?

(I’ll confess to being confused about this element of the plan anyway. The article I just linked on this premium plan tax says: “The hope is that employers would buy cheaper, less generous coverage for employees, thereby reducing the overuse of medical services.” Uh…cheaper, less generous coverage for employees? That’s a good thing? And I’m by no means an expert on these matters — far from it — but is “the overuse of medical services” really the main problem afflicting our health care system? It sounds a bit to me like “too many notes.”)

All of which is to say that I really hope the substance of the final plan matches the beauty of last night’s rhetoric. Now, I understand the counter-arguments: As Paul Begala recently reminded us, the Social Security Act of 1935 had serious problems too, and look how that turned out. The great is the enemy of the good. Politics is the art of the possible, etc. etc.

I don’t disagree with any of that. But I also believe that leadership is the art of expanding the horizons of the possible. (Cue RFK: “Some men see things as they are and say why. I dream things that never were and say why not.“) We always knew that the President is a master of oratory, and that he would move us all with his eloquence when the time came. But, in setting their sights so low on this bill, the administration, in my view, have come close to squandering both the historical moment and the president’s once-in-a-generation gift.

A historical puzzle lingers over the entire health care reform enterprise at the moment: How is it, with a Democratic House, a filibuster-proof Democratic Senate, and a Democratic president, that the proposal for health care reform on the table basically remains to the right of Richard Nixon? (See also: The Family Assistance Plan.)

Well, the short answer, imho, is lack of meaningful campaign finance and lobbying restrictions. (A key problem that’s about to get a whole lot worse.) But I would also argue in favor of another cause. For decades now, Democrats have tried to find that safe happy moderate middle, while Republicans — flaks, representatives and presidents alike — have willfully and consistently pushed that center to the right. The president’s address, however magnificent and even moving at times, felt like another step in the same old vicious cycle. And at this crucial historical moment, I strongly believe it would be a better demonstration of “our American character” if we Dems — and this administration — showed the courage of our convictions in words and deed.

“Courageous” Friendly Fire.

“‘We have been saying all along that the most important part of this debate is not the public option, but rather ensuring choice and competition,’ an aide said. ‘There are lots of different ways to get there.‘” Granted it’s in Politico, which always needs to be taken with a grain of salt, but Team Obama is apparently floating another no-public-option trial balloon. “On health care, Obama’s willingness to forgo the public option is sure to anger his party’s liberal base. But some administration officials welcome a showdown with liberal lawmakers if they argue they would rather have no health care law than an incremental one. The confrontation would allow Obama to show he is willing to stare down his own party to get things done.

Hmmm. “Getting tough” with the Left (while having Democratic majorities in both Houses of Congress) to impress people on the Right who can’t stand you and want you to fail.That doesn’t sound like change we can believe in either, and it’s going to turn off the people who got this president elected in droves. I fear the Third Way/DLC careerist cadre in and around the administration are blowing a historic opportunity here.

Update: “It’s so important to get a deal,’ a White House official said, speaking on the condition of anonymity in order to be candid about strategy. ‘He will do almost anything it takes to get one.’” Sigh…I know I’m not a master tactician or anything, but, as with dropping single-payer right away, I would think telegraphing “we’re really really desperate” before coming to the table is not a very good negotiating strategy.

Left Behind.

“‘I don’t understand why the left of the left has decided that this is their Waterloo,’ said a senior White House adviser, who spoke on the condition of anonymity. ‘We’ve gotten to this point where health care on the left is determined by the breadth of the public option. I don’t understand how that has become the measure of whether what we achieve is health-care reform.’” In one of the dumbest unsourced administration quotes since “the reality-based community,” an unnamed White House official indulges his/her pique with progressives by marginalizing the public option.

Uh, what? First off, this is your plan, White House folks, and not really the type of thing you want to characterize as “left of the left.” Second, the “left of the left”, as most people know, would actually prefer a single-payer system, and in fact find the public option to be pretty weak tea — the type of compromise between comprehensive reform and the status quo that we should have ended up with at the close of negotiations, not used as the opening salvo of our health care strategy. Third, the quote demonstrates a troubling arrogance toward, and an idiotic contempt for, both the administration’s natural allies in this fight and the very people who put them in office. Spitting in the eye of progressives in order to seem moderate to folks who will never, ever agree with you is not only counter-productive, but pointless and insulting.

Bad messaging, bad politics…This is an amateur move, and no mistake. One hopes Mr./Mrs. Anon. at the very least caught an earful about it this morning. And that there are some people in and around the inner circle who think a little more highly of this same public option that the administration has pushing for months. And that the archetypal DLC/Third Way contempt for progressives evinced in the quote is nipped in the bud, like, yesterday. These type of “let’s scoff at the lefty fringe” insults, like the self-aggrandizing “centrist” careerists who make them, are not part of change we can believe in. In fact, they sound entirely too much like more of the same.

TLDR version: Trying to marginalize the lefties who are behind you in order to appease the righties who hate you is not a winning strategy, in health care or anything else. Nor is it at all what we voted for. Get it together.

Not this time, Luthor.

“Any legitimate terror suspect, she said, would almost certainly be held in remote, high-security ‘supermax’ federal prisons, which are already home to convicted terrorists like British shoe bomber Richard Reid and Zacarias Moussaoui, the alleged 20th hijacker of the Sept. 11, 2001, terrorist attacks. That’s what these prisons are designed for.” The WP’s Dan Froomkin surveys the most recent idiocy being spouted by Republicans — as well as FBI director Robert Mueller and far too many Senate Democrats: that moving detainees from Gitmo into maximum security prisons would represent a clear and present danger to the republic. (As always, see also Glenn Greenwald on this ridiculous subject.)

I’m unclear as to what the GOP thinks will happen if we move these detainees into our regular prison system (other than that it’ll probably be harder to waterboard them.) What kind of fantasyland do these yokels reside in? These detainees aren’t Lex Luthor or the Joker. They have no vast army of misguided goons waiting to help them in the Big House. (In fact, I think they’ll find they don’t have much in common with your run-of-the-mill hard time lifer.) Nor have they concocted any diabolical master plans to escape from these extremely secure institutions. Newsflash: Those supercriminal types you read about in comics don’t actually exist. (And, while we’re debunking conservative fantasies, forget what you saw Jack Bauer do: “ticking time bomb” scenarios don’t in fact happen either, and, even if they did, torture is in no way effective as a means of obtaining the information you’d need. Not that its efficacy matters anyway, because it’s a war crime regardless.)

Absurd. Blatantly absurd. And altogether irritating that, once again, too many Democrats in Congress are not only taking these inchoate lunacies seriously, but grimly echoing them as if there’s even a modicum of sound reasoning going on here. Can these conservatives and their Dem enablers distinguish between the Real World and their bizarre, half-baked realm of nightmares anymore? At this point, I half-expect Chuck Grassley and Harry Reid to tell me they’re imprisoning Zubadayah, Khalid Sheikh Mohammed, et al in a pane of glass and shooting them into the far reaches of space. I mean, it worked for General Zod in Superman II, right?

I don’t agree with that…do I?

“I actually think that the state secret doctrine should be modified. I think right how it’s over-broad. But keep in mind what happens is, we come into office, we’re in for a week — and suddenly we’ve got a court filing that’s coming up. And so we don’t have the time to effectively think through what, exactly, should a overarching reform of that doctrine take. We’ve got to respond to the immediate case in front of us.”

In case you missed it last night — I’ll concede, I’d forgotten about the presser and was watching the NBA playoffs — President Obama was finally asked about his troubling continuation of Dubya’s state secrets policy during his “100 Days” press conference last night. [Full transcript.] And his answer — basically, the justice department turns like a battleship, but we’re on the case — is somewhat heartening, I guess, in that the president seems to concede anew that the privilege has been abused of late, even under his own administration. But, as Salon‘s Glenn Greenwald reminds us today, the Obama/Holder JD has done a good bit more than just “stay the course” on states’ secrets since coming into office, and last night’s excuse — well, despite our actions over 100 days, this isn’t *really* our policy — isn’t going to hold water for much longer.

Also last night, while sort of pressed into it by ABC News’ Jake Tapper, President Obama said in no uncertain terms both that waterboarding is torture (correct) and that, as we all know, his predecessor’s administration sanctioned it: “I believe that waterboarding was torture. And I think that the — whatever legal rationales were used, it was a mistake.” Now, it isn’t the president’s call to move forward on an investigation and possible prosecutions at this point — that task falls to Attorney General Holder. Still, if what the president said last night is true, and it obviously is, then AG Holder has only one choice moving forward. It’s time to get to the bottom of this.

He’s Our Specter Now.

“Since my election in 1980, as part of the Reagan Big Tent, the Republican Party has moved far to the right. Last year, more than 200,000 Republicans in Pennsylvania changed their registration to become Democrats. I now find my political philosophy more in line with Democrats than Republicans.” In today’s big news, Sen. Arlen Specter of Pennsylvania announces he’s becoming a Democrat. [Statement.] (Note the construction there. The voters switch over, and suddenly Specter reevaluates his political philosophy. A true statesman.)

Well, welcome to the new Big Tent, Senator. On one hand, this is clearly a PR coup for we Democrats. The country didn’t really need another reminder that the Grand Old Party has degenerated badly in recent years, but this can’t help but make the point crystal-clear once again. When even a guy like Specter wants nothing to do with you, that’s saying something. Here’s hoping Sens. Snowe and Collins of Maine follow his lead soon.

That being said, I wouldn’t really call Specter a great pick-up for us. Sure, I’m glad that he’ll feel the need to bend to the left politically rather than to the right from now on (where he was basically dead in the water — hence today’s decision.) But as far as politicans go, “Spineless Specter” has been more craven than most over the past few years. He folded badly on the illegal NSA wiretaps and was all too happy to push gaybaiting legislation through the Judiciary committee when it suited his GOP masters.

Plus, consider the timing here. Unlike Jim Jeffords of Vermont, who forced a Senate reorganization in 2001 (and subsequently paid a price for it once the GOP reassumed control in 2003), Specter’s switch doesn’t really change the balance of power all that much. Sure, he’s the 60th vote for cloture…if he does in fact vote with the Dems. But a Liebermanesque “independence” is probably more likely from him. And did we really need another Joe Lieberman? Surely the Keystone State could’ve provided us with a sounder Democrat to get behind in 2010.

Over in the NY Review of Books, Specter has recently suggested that he wants to help roll back the expansion of executive power, which he deems increasingly out-of-control since 9/11. Again, bully for him, I’m all for it. But he did a less than stellar job on this front during the warrantless wiretaps and censure resolution episodes, so it’s hard to take him seriously as an exemplar of civil liberties at this late date.

So now Specter’s playing for the home team, as it were. Well, ok, I much prefer D’s to R’s. But if the party label is going to mean anything, Sen. Specter really needs to start living up to it.

Show us the Body.

“Even for the hardest-core Obama loyalists, it’s rather difficult to attribute these increasingly harsh condemnations of Obama’s civil liberties, secrecy and executive power abuses to bad motives or ignorance when they’re coming from the likes of Russ Feingold, Talking Points Memo, the Center for American Progress, Nancy Pelosi, EFF, the ACLU, The New York Times Editorial Board, Keith Olbermann, Jonathan Turley, The American Prospect, Bruce Fein, Digby, along with some of the most enthusiastic Obama supporters and a bevvy of liberal law professors and international law experts — those who were most venerated by progressives during the Bush era on questions of the Constitution and executive power.

Salon‘s Glenn Greenwald surveys the growing progressive consensus that something is rotten at Holder’s DOJ with regard to state secrets and the continuation of Bush-era policies antithetical to, if not downright contemptuous of, civil liberties. (In case you missed it here or here, I’m not happy either.) “That the Obama DOJ has repeatedly embraced the very legal theories responsible for much of the intense progressive rage towards the Bush/Cheney regime is now beyond dispute. The question of motive — of why Obama is doing this — is far less clear.

Now, obviously, the president has a lot on his plate these days, and a finite amount of political capital with which to achieve an enormous number of objectives. Still, it’s well past time that the administration explain what’s going on on the civil liberties front from start to finish, akin to Obama’s economic overview speech at Georgetown this morning. These are not piddling matters.