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Media Goes Wild Over Hagel Firing But Not Obama’s Secret Afghanistan Reversal

Mother Jones

There’s little the Washington-centric political-media universe loves more than the story of a fallen star. The defenestration of Defense Secretary Chuck Hagel has reporters and pundits in a schadenfreude-driven tizzy. Was he fired? Was he in over his head? OMG, look at how the White House is dumping on him, as he departs! Who’s passing nasty notes in class about him?

The presumably forced resignation of Hagel is indeed big news. The Obama administration is confronting a host of new national security challenges: ISIS, Ukraine, Ebola. So the guy (or gal) in charge of the Pentagon has to be nimble and able to handle this expanding and shifting to-do list. And Hagel, ever since his underwhelming performance at his confirmation hearing, has not been (at least in public) a confidence-inspiring Cabinet member. So perhaps President Barack Obama can do better—though the elbowing Hagel is receiving on the way out seems poor manners.

Yet here’s a useful exercise. Compare the red-hot media reaction to Hagel’s bye-bye to the response to the New York Timeseye-popping report that Obama signed a secret order to expand the US military mission in Afghanistan next year. The story about one man—yes, one of the cool kids in DC—is at least an order of magnitude higher on the MediaReax-ometer. Any tidbit from an anonymous source about de-Hagelization gets immediate attention from tweeting journos. But the story about this significant policy shift has prompted mostly a yawn.

In case you missed it—the story was posted online on Friday but appeared in Saturday’s dead-trees edition—the Times revealed that Obama, who last May said the United States would have no combat missions in Afghanistan in 2015 (and only train Afghan forces and hunt Al Qaeda “remnants”), had secretly authorized American forces

to carry out missions against the Taliban and other militant groups threatening American troops or the Afghan government, a broader mission than the president described to the public earlier this year, according to several administration, military and congressional officials with knowledge of the decision. The new authorization also allows American jets, bombers and drones to support Afghan troops on combat missions.

This is a quasi-BFD—and the result of what the Times called “a lengthy and heated debate that laid bare the tension inside the Obama administration between two often-competing imperatives: the promise Mr. Obama made to end the war in Afghanistan, versus the demands of the Pentagon that American troops be able to successfully fulfill their remaining missions in the country.”

In other words, Obama, for good or bad, has decided to extend the war he said he was ending. This report did not produce a cable news frenzy or a storm of tweets. But it’s just as important as who’s going to be in charge of implementing this major change of plans—if not more so.

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Media Goes Wild Over Hagel Firing But Not Obama’s Secret Afghanistan Reversal

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The GOP Controls Congress So Now It Can Change How Math Works

Mother Jones

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When Republicans took control of both houses of Congress earlier this month, they won an important new power: They can change how Congress does math.

Seriously. Republicans, led by Rep. Paul Ryan (R-Wisc.), their budget guru, are considering altering the way Congress calculates the costs of tax cuts—a move that could make big tax cuts for the rich appear less costly than they really are.

Here’s how it would work. In January, Republicans will be in charge of Congress. And that includes the Joint Committee on Taxation (JCT), which calculates how tax laws affect revenue, and the Congressional Budget Office (CBO), which produces official budget projections. Right now, when the CBO and the JCT calculate the impact of tax laws on government income, they consider how Americans might alter their behavior in response to tax rate changes. But the tax-math bodies do not evaluate how tax legislation could affect economic growth—largely because those sorts of impacts are hard to predict. Republicans have long claimed that tax cuts lead to greater economic activity that inexorably yields more tax revenues—a point much disputed. But Ryan, who in January will head up the House Ways and Means committee—which has jurisdiction over tax reform—and his fellow GOPers are looking to enshrine this Republican belief into the hard and fast calculations of Capitol Hill’s number-crunchers.

Last THIS week, in an interview with the Washington Post, Ryan said he will push to make sure that the two congressional budget scorekeepers use this accounting method when evaluating GOP tax reform legislation. Orrin Hatch (R-Utah), who will chair the Senate finance committee starting in January, said last week that he was open to implementing the change.

Ryan and Hatch can implement dynamic scoring by simply ordering the two budget scorekeepers to accept this budgeting method. Not only that, Republicans can require the CBO and JCT to use very optimistic assumptions about how tax cuts affect the economy—including people’s motivation to work, the response of the Federal Reserve, and household and business decisions on how much to work, save, and invest. Budget analysts then plug those assumptions into several models estimating economic growth, and GOPers can cherry-pick the model that produces the largest number. “The risk is that a Congress that is politically motivated takes the most unrealistic models and plugs in highly rosy assumptions,” says Chye-Ching Huang, a budget expert at the left-leaning Center on Budget and Policy Priorities.

If Republicans don’t want to make these complex choices themselves, they can install directors at the CBO and JCT who they think will use the kind of assumptions they like, Huang adds. Neither congressional Dems nor President Barack Obama can prevent any of this.

Republicans have pushed for this budget-math tweak since the Reagan days. And for years, policy wonks have debated the merits of this novel budgeting method, known as dynamic scoring. Kenneth Kies, a GOP-nominated former director of the JCT, told the Washington Examiner last week that this accounting trick falls “somewhere between pure mathematics and theology.” Because this arcane tweak can make tax cuts for the wealthy appear to cost the government less than they actually do, it is extremely appealing to Republicans. If they make this change, they could argue that new tax cuts would partly pay for themselves.

Democrats say the budgeting trick is a gimmick designed to allow Republicans to chop taxes for the rich without paying the political cost. Ryan’s office did not respond to a request for comment.

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The GOP Controls Congress So Now It Can Change How Math Works

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Republicans Finally Sue Over Obamacare — And There’s Even a Surprise Included

Mother Jones

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House Republicans finally filed their long-awaited lawsuit against President Obama today, and it actually contained a surprise:

The suit also challenges what it says is President Obama’s unlawful giveaway of roughly $175 billion to insurance companies under the law. According to the Congressional Budget Office, the administration will pay that amount to the companies over the next 10 years, though the funds have not been appropriated by Congress. The lawsuit argues that it is an unlawful transfer of funds.

….If the lawsuit is successful, poor people would not lose their health care, because the insurance companies would still be required to provide coverage — but without the help of the government subsidy, the companies might be forced to raise costs elsewhere. The subsidies reduce the co-payments, deductibles and other out-of-pocket costs that consumers incur when they go to doctors and hospitals.

Long story short, it turns out there are two parts to the suit. The first part challenges Obama’s delay of the employer mandate, and it’s entirely symbolic. After all, it’s only a delay. Even if Republicans win, by the time the case makes it all the way through the court system it will be moot. The delay will be over by then and the employer mandate will be in place.

But this second part is unexpected. Republicans are arguing that a provision of the law called Cost Sharing Reduction wasn’t automatically funded, as were most parts of the law. The law authorizes CSR, but no appropriation was ever made, so it’s illegal to actually pay out these funds.

Do they have a case? This is a brand new allegation, so I don’t think anyone has yet had a chance to look into it. But if I had to guess, I’d say it’s probably about as specious as every other allegation against Obamacare. Unfortunately, though, that doesn’t mean the Supreme Court won’t uphold it. You never know these days. In the meantime, conservatives are likely to be dizzy with excitement over the whole thing since (a) it involves a clear constitutional question about appropriating funds, and (b) it would hurt poor people. That’s quite a twofer.

Of course, the suit still has to survive challenges to Congress’ standing to sue in the first place, and that might kill it before any court even begins to judge the merits of the case. Wait and see.

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Republicans Finally Sue Over Obamacare — And There’s Even a Surprise Included

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4 Stupid Conservative Arguments Against Net Neutrality, Debunked

Mother Jones

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Last week, Republican Senator Ted Cruz of Texas set off a firestorm of ridicule when he took to Twitter in an attempt to mock the concept of net neutrality:

The comparison, so stupid on so many levels that it isn’t worth debunking, is not just an isolated example of partisan idiocy. In recent weeks, Republican operatives have trotted out a steaming heap of similar malarkey in an effort to ward off a popular revolt against the cable industry, which wants to charge big companies such as Google or Netflix for faster internet service while slowing it down for the rest of us. Here are four other ludicrous conservative arguments for why the Federal Communications Commission shouldn’t prevent this from happening:

1. You’ll pay more taxes!

The reality: To prevent broadband companies from discriminating against certain types of internet traffic, President Obama’s wants the FCC to regulate them as a public utilities. This is something it already does with telecommunications providers. While it’s true that the Communications Act subjects telecoms to a 16 percent service fee—which helps provide phone service to rural communities—this doesn’t mean broadband providers would automatically have to pay a similar tax.

2) Regulating the internet will stifle innovation and job creation.

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Post by Speaker John Boehner.

The reality: The internet we know and love is already built on the concept of net neutrality. Obama’s proposed “regulation” would simply maintain the status quo by preventing monopolistic broadband providers from charging content providers tiered rates for different speeds of internet service. Far from stifling innovation, net neutrality encourages it by allowing startups to compete on the same footing as giants like Google and Facebook. That’s why it has overwhelming support among Silicon Valley’s “job creators.”

3) Letting big companies hog bandwidth will encourage cable companies to create more bandwidth

The reality: America ranks 31st in the world (behind Estonia) in its average download speeds. But that’s not because we’re preventing Comcast from cutting deals. Quite the opposite: Deregulation of the telecommunications industry has allowed Comcast, Verizon, Time Warner, and AT&T to divide up markets and put themselves in positions where they face no competition.

4) It’s all a secret plot to hype the risks of global warming

This claim made by Andy Kessler in a 2006 Weekly Standard story has been making the rounds recently on conservative blogs:

The answer is not regulations promoting net neutrality. You can already smell the mandates and the loopholes once Congress gets involved. Think special, high-speed priority for campaign commercials or educational videos about global warming. Or roadblocks—like requiring emergency 911 service—to try to kill off free Internet telephone service such as Skype.

The reality: Regulating broadband providers as utilities does not give the FCC more authority to tell them how to treat specific types of content. In fact, preventing discrimination against certain types of content by ISPs is the whole point. That’s why net neutrality is popular with everyone from John Oliver to porn stars.

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4 Stupid Conservative Arguments Against Net Neutrality, Debunked

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Watch Obama Announce His Immigration Executive Action Right Here

Mother Jones

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While you’re waiting for the speech to start, read about the three expected takeaways from President Obama’s executive action on immigration, or about how some prominent conservatives are already calling for his impeachment.

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Watch Obama Announce His Immigration Executive Action Right Here

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Is Dianne Feinstein Crafting a Secret Water Deal to Help Big Pistachio?

Mother Jones

Sen. Dianne Feinstein (D-Calif.) is negotiating a behind-closed-doors deal with Republican lawmakers to pass a bill that would ostensibly address California’s drought—an effort that has uncorked a flood of criticism from environmental circles.

Feinstein’s quiet push for a compromise drought bill that’s palatable to Big Ag-aligned House Republicans has been in the works for six months, Kate Poole, a senior attorney with the Natural Resources Defense Council, told me. And it has accelerated recently, as the Senator hopes to pass it by year end, during the “lame duck” period of the outgoing Democratic-controlled Senate.

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Is Dianne Feinstein Crafting a Secret Water Deal to Help Big Pistachio?

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These Simple Charts Show Why the US-China Climate Pact Is Such a Big Deal

Mother Jones

This story originally appeared in Slate and is republished here as part of the Climate Desk collaboration.

The big climate news of last week, indeed maybe of the past several years, was the surprise announcement of a bilateral US-China agreement setting targets for CO2 emissions out to the year 2030. Is this really such a big deal, or are climate protection advocates just grasping for any good news to offset the grim implications of a Republican takeover of the US Senate? The answer is: Yes, it is a very big deal, at least if both parties fulfill their commitments. Today, I will be an optimist and assume that somehow they pull it off.

There are no obvious technical barriers but considerable political ones. Some parties are already rumbling that the United States is giving away the store for nothing much in return. We’ll see, however, that if anything it is China that is getting the short end of the stick—and a good thing, too, because the climate cares about CO2, not fairness, and if we are to have any hope of keeping warming from much exceeding 2 degrees Celsius, China will need to do more than its fair share.

Is it really such a big deal?
The United States, European Union, and China together produce more than half of the world’s annual CO2 emissions, and with the new agreement, all three have made a public undertaking limiting future emissions. (Europe has been doing its part for decades, having made its first binding commitments at the time of the Kyoto Protocol.) That by itself makes the deal a big deal, but we need to look at the nature of the commitment to see whether it is big enough to significantly improve our chances of keeping global warming below 2 C, which has been adopted as a general guideline for avoiding extremely dangerous climate change. This guideline does not mean that climate change is harmless below 2 C, or that it suddenly becomes so catastrophic above 2 C that further efforts at limiting warming are pointless, but like a highway speed limit, it serves as a useful benchmark for where you start to worry about things being really bad. By what yardstick should the “bigness” of the deal be measured? This brings us to the concept of carbon budgets.

The excess CO2 we put into the atmosphere by burning fossil fuels such as coal, oil, or natural gas is removed very slowly by ocean uptake and other geological processes. As a result, a significant portion of the CO2 we emit each year will still be in the atmosphere 10,000 years from now. As long as human activities are transferring long-buried carbon into the atmosphere in the form of CO2, the atmospheric CO2 levels will continue to rise, and they will drive ever-greater warming. CO2 accumulates in the atmosphere like mercury accumulates in the fat of a fish swimming in polluted waters. The impact of fossil-fuel burning (and deforestation) on climate depends not just on the current year’s emission but on the cumulative emissions of CO2 over all past times. The cumulative CO2 emissions are typically quoted in terms of the amount of carbon in the CO2 (which contains 27 percent carbon by weight), measured in gigatons, or billions of metric tons. (A metric ton is 1,000 kilograms, or just a bit more than an English ton.) In thinking about the human imprint on future climate, the cumulative carbon is the only number you really need to pay attention to.

It turns out that 1,000 gigatons of carbon—1 trillion tons—is roughly what it takes to warm the globe by 2 C. If we release that much carbon into the atmosphere in the form of CO2, the warming will stick around for at least 1,000 years before the globe begins to recover, even if we go cold-turkey on fossil fuels when we release our first trillion. Since the beginning of the industrial revolution, we have gotten about halfway there. It took several hundred years to emit our first half-trillion tons, but worldwide CO2 emissions are growing exponentially at a compound rate of about 2.8 percent per year (since 1950) and so it will only take another 25 years at the current rate of growth to hit a trillion tons, at which point it’s game over for the 2-degree target (though of course not too late to try to keep warming under 3 degrees). We need to eventually get CO2 emissions down to zero, but in the meantime it’s the exponential growth that’s our main enemy, since that boxes us in and leaves little time for decarbonizing the economy. The first order of business is to get off the exponential curve, otherwise we are doomed to be on the Impossible Hamster track.

It is against this goal that the US-China agreement should be measured. US emissions have not grown since 2005, and indeed have declined moderately despite aggregate gross domestic product growth of more than 14 percent since that time. Part of that decline has been due to substitution of natural gas for coal, and we can continue to play that game for a while longer, but to sustain the decline over a longer time will ultimately require additional measures. Obama’s agreement with China commits the United States to reducing its CO2 emissions to between 26 percent and 28 percent below the 2005 levels by 2025. The EU has committed to a 40 percent reduction below 1990 levels by 2030 and has already gotten halfway there. Accelerating the reduction of both EU and US emissions helps to offset exponential growth elsewhere in the world, and we’ll soon see how that adds up. But what about China?

China is currently the black swan on the horizon when it comes to fighting exponential growth. Based on data since 1940, China’s emissions have been growing at a compounded annual rate of more than 7 percent, and at that rate it will not be many more decades before Chinese exponential growth would dominate world emissions, at a time when we need to be reducing the world exponential growth rate below its currently alarming 2.8 percent value. Under the US-China bilateral agreement, the Chinese emission target is phrased very differently from the US target, but with regard to slaying the exponential dragon, it is probably the most important part of the deal. The Chinese commitment is not a commitment to any specific value of emissions but rather a commitment that the country’s emissions will peak by 2030, and thereafter will not increase. The deal does not specify whether and by how much emissions will decrease after 2030, but the significance is that China is committed to get off its exponential emissions track by 2030.

Translating this commitment into quantitative implications for cumulative carbon involves a lot of guesswork as to how China will go about fulfilling its commitment, because the agreement does not spell out the value at which emissions will peak. A cynic would say that China could just increase its growth rate to, say, 10 percent and peak at an enormous value in 2030, giving itself plenty of wiggle room to hold emissions constant or decrease them thereafter. If this is really China’s intent, then the new agreement is largely meaningless. But let us suppose instead that China’s commitment was taken in good faith. A minimum good-faith fulfillment would be to continue growing at 7 percent up to 2030 and then hold emissions constant thereafter. This scenario is shown in the middle (black) curve of Figure 1. In terms of cumulative carbon, that would mean that China emits another roughly 70 gigatons out to 2030, and holding emissions constant thereafter, emits a further 86 gigatons between 2030 and 2060. Without the agreement, China’s emissions scenario would look like the upper (red) curve, and China would emit a further 790 gigatons in the latter period, which would be more than enough to bring the world over the trillion-ton limit regardless of what anybody else did. So yes, getting China off the exponential curve is a very, very big deal indeed.

Raymond T. Pierrehumbert

But the scenario where Chinese emissions growth continues unabated until 2030 may be pessimistic. If China is serious about peaking in 2030, it is unlikely that it would do nothing to reduce its growth rate and then put in a crash program in 2030 to bring growth to a halt all at once. More likely, the measures would be phased in gradually over the next 15 years, bringing the growth smoothly to zero by 2030. If the growth rate is brought to zero linearly over the next 15 years, the Chinese emission rate curve looks like the lower (blue) curve and would have lower cumulative emissions than the abrupt scenario even if there are no reductions in emission rate beyond 2030.

Now let’s add in the contribution of the United States and European Union to cumulative emissions under the stated commitments. The aggregate cumulative emissions for the US, EU, and China are shown in Figure 2, subject to the further (pessimistic) assumption that there are no further reductions in US and EU emissions past 2030. The projection from China is taken from Scenario 2 (a linear decrease in growth rate with emissions leveling off in 2030). From this graph we can see that if the commitments are all fulfilled, then cumulative carbon for the countries involved would be just about held to 250 gigatons even without further reductions in emission rates past 2030, leaving 250 gigatons of cumulative carbon that the rest of the world can emit. In this sense, the new US-China agreement brings the 2 C target within reach, though it will not by itself prevent the trillion-ton threshold from being breached.

Raymond T. Pierrehumbert

The figure also makes clear, however, that barring an unforeseen reversion of the US or EU to exponential emissions growth, the future fate of the climate is largely determined by what China does.

But is it fair?
Although Chinese cumulative emissions will dominate US and EU emissions going forward, this is not because China has used an unfair share of the Earth’s ability to act as a waste dump for CO2. Unless one thinks that a person in China has intrinsically less right to the net allowable carbon emissions than a person in the United States or European Union , the appropriate measure of fairness would have to be based on some kind of cumulative carbon emission per person. I have argued a number of fairness principles based on this idea in this article in the Chicago Journal of International Law. If one takes historical emissions into account, one could argue that an EU or US individual exceeded a fair allocation of carbon emissions long ago, whereas Chinese individuals have not yet come close to using up their fair share (because their high emissions rates began relatively recently and because China is supporting a larger population). However, even if one were to write off the carbon debt from the past and only allocate carbon from 2015 onward, under Obama’s bilateral agreement, China is committing to do something pretty close to its fair share. The future cumulative Chinese emissions of 200 gigatons work out to 146 metric tons per person (based on current population). The US allocation in Figure 2 works out to 125 tons per person, which is only slightly below the Chinese allocation. Making any significant allowance for past emissions would result in a judgment that China is doing far more than its fair share of the job of keeping cumulative emissions below a trillion tons.

Who’s Next?
While the European Union, United States, and China account for just over half of the world’s CO2emissions, there is still the other half of the world to worry about. The next three big emitters are India, Russia, and Japan, with a total of 14 percent of world emissions among them. Of these three, the only one exhibiting clear exponential growth is India, which is growing at about 5 percent per year and is also the highest current emitter of the three. In the next round of negotiations, it would be highly desirable for India to sign on to an agreement similar to China’s commitment under the US-China bilateral agreement, perhaps with Russia and Japan committing to emission reduction targets somewhere between the EU and US targets. One can hope that something like that might happen at the Conference of the Parties negotiations to be held in Paris in 2015. If the US-China deal is perceived to be real, it could well be just what is needed to break the logjam that stymied negotiations in Copenhagen last time around.

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These Simple Charts Show Why the US-China Climate Pact Is Such a Big Deal

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Isn’t It About Time to Ask Republicans to Start Acting Like Adults?

Mother Jones

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David Brooks is unhappy that President Obama continues to be a liberal even though Democrats lost in this year’s midterm election:

The White House has not privately engaged with Congress on the legislative areas where there could be agreement. Instead, the president has been superaggressive on the one topic sure to blow everything up: the executive order to rewrite the nation’s immigration laws.

….I sympathize with what Obama is trying to do substantively, but the process of how it’s being done is ruinous. Republicans would rightly take it as a calculated insult and yet more political ineptitude. Everybody would go into warfare mode. We’ll get two more years of dysfunction that will further arouse public disgust and antigovernment fervor (making a Republican presidency more likely).

This move would also make it much less likely that we’ll have immigration reform anytime soon. White House officials are often misinformed on what Republicans are privately discussing, so they don’t understand that many in the Republican Party are trying to find a way to get immigration reform out of the way. This executive order would destroy their efforts.

I continue to not get this train of thought. In 2006, Republicans lost. President Bush’s first action was to order a surge in Iraq, which infuriated Democrats. In 2008, Republicans lost. They responded by adopting a policy of obstructing every possible action by Democrats—including even a modest stimulus package during the worst economic downturn since the Great Depression. In 2012, Republicans lost. They responded with brinkmanship over the fiscal cliff, a flat refusal to fill open judicial positions on the DC circuit court, and an endless bellowing rage over Benghazi and other manufactured outrages.

By comparison, all Obama is doing is something he’s been saying he’ll do for nearly a year. It’s not even all the big a deal if you step back for a moment and think about it. Several million undocumented immigrants are going to be told they’re officially free of the threat of deportation for a temporary period, as opposed to the status quo, in which they’re effectively free of the threat of deportation. Don’t get me wrong: it’s a big deal for the immigrants affected. But in terms of actual impact on immigration policy writ large? It doesn’t really do much.

And yet, this single action is apparently enough to—rightly!—put Republicans into warfare mode. If that’s true, I can only conclude that literally anything Republicans don’t like is enough to justify going into warfare mode. That’s certainly been how it’s worked in the past, anyway.

Look: Republicans can decide for themselves if they want to go to war. If they want to pass yet another bill repealing Obamacare, that’s fine. If they want to sue the president over the EPA or immigration, that’s fine. If they want to approve the Keystone XL pipeline, that’s fine. I assume Obama will win some of these battles and lose others, but in any case will treat them as the ordinary cut and thrust of politics instead of declaring them calculated insults that have infuriated him so much he can’t possibly ever engage with the GOP again. In other words, he’ll act like an adult, not a five-year-old.

This is what we expect from presidents. Why don’t we expect the same from congressional Republicans? Why are they allowed to stamp and scream whenever something doesn’t go their way, and everyone just shrugs? Once and for all, why don’t we demand that they act like adults too?

POSTSCRIPT: I didn’t bother with Brooks’ claim that Republicans are “privately” discussing real, honest-to-goodness immigration reform, but color me skeptical. If they want to engage on this subject, they need to discuss it with Obama, not between themselves. They’ve had plenty of time for that, and have never been willing to buck the tea party to get something done. Why would it be any different now? For more, I think Ed Kilgore has about the right take on this.

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Isn’t It About Time to Ask Republicans to Start Acting Like Adults?

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Obama May Overhaul the Immigration Program That Detains Americans and Turns Cops Into Federal Agents

Mother Jones

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As early as this week, President Barack Obama is expected to announce an executive order that would give some 5 million undocumented immigrants a respite from deportation. Part of the order, according to early reports, will involve reforms to Secure Communities, a program that requires police to share arrestees’ fingerprints with federal immigration officials, who can turn around and use the information to deport suspects who are here illegally. Change would a good thing, here, because while the program—which began in 2008 under President George W. Bush and was expanded under Obama—has deported some serious criminals, it has screwed over a lot of other people. From the start, immigrant rights organizations slammed “S-Comm” as a costly, ineffective program that tramples on people’s civil liberties. Even Homeland Security chief Jeh Johnson has suggested that it may need an overhaul. Here’s a rundown of what the program does—and why so many people hate it.

S-Comm sweeps up serious criminals… When local police book someone, that person’s fingerprints are transmitted to the FBI to determine whether the arrestee is a fugitive or a former convict. Under Secure Communities, those prints go to Immigration and Customs Enforcement (ICE), which checks to see whether the suspect is undocumented. If so, it orders the local cops to detain him or her for potential deportation. More than 3,000 American counties now participate. Of the more than 2 million immigrants deported on Obama’s watch, more than 306,000 came to the feds’ attention through Secure Communities, which has led to the deportation of more than 288,000 convicted criminals.

And immigrants just trying to live and work… Local police share fingerprints with ICE when a suspect is arrested—not convicted. Which means that even though the purported aim is to deport criminals, people who are never charged or convicted often get the boot. “Federal officials have held people whose worst alleged violation was selling tamales without a permit or having a barking dog,” California Assemblyman Tom Ammiano said last year. “Even crime victims have been deported.” More from Elise Foley of the Huffington Post:

The program has ensnared parents driving without a license because they need to work and can’t get authorization to drive in their state. It has caught young people arrested for small levels of drug possession. Many of those caught are people who have previously been deported but came back to the US to work or be with their families—immigrants who could be aided by a policy that put less emphasis on deporting repeat immigration law violators.

Of the people deported through S-Comm between 2008 and 2013, 21 percent were never convicted of a crime.

And American citizens… According to a 2011 study by researchers at the University of California-Berkeley, thousands of United States citizens have been swept up by S-Comm—something the study’s authors hadn’t anticipated. “What we’re finding is that ICE is arresting and then investigating,” one of the authors informed a reporter. If you’re brown, you’d better watch your back. The same study found that 93 percent of the arrestees ordered to be detained by ICE were Latino, even though Latinos make up about 77 percent of undocumented immigrants in the United States. “There is a concern that police officers working in areas that have Secure Communities in their local jails may have an incentive…to make pretextual arrests of persons they suspect to be in violation of immigration laws,” notes the Immigration Policy Center. Members of the Congressional Hispanic Caucus have urged the White House to scrap the program entirely.

But it doesn’t reduce crime: The program has had “no observable effect on the overall crime rate,” according to a study released in early September.

In fact, it may actually make your community less safe… Research has shown that undocumented immigrants living in counties that participate in Secure Communities are afraid to report crimes or come forward as witnesses for fear of deportation.

And it’s costing you money: The program requires local authorities to hold arrestees longer than they otherwise would, meaning a higher bill for taxpayers. For example, Secure Communities cost Los Angeles County law enforcement an extra $26 million per year, according to a 2012 report. Washington state’s King County determined that it cost county taxpayers $3 million annually.

By the way, S-Comm was supposed to be optional: The Department of Homeland Security—ICE’s parent agency—originally touted S-Comm as voluntary—states and localities could opt out. But in late 2010, after numerous jurisdictions chose to do just that, ICE made it clear that was virtually impossible. Because the FBI already gets the fingerprints for arrestees, ICE can access them regardless. In 2011, Rep. Zoe Lofgren (D-Calif.) demanded an investigation into whether DHS intentionally misled the public. “I believe some of these false and misleading statements…were made recklessly, knowing that the statements were ambiguous and likely to create confusion,” she wrote in a letter to DHS. Some localities have devised other ways to limit their cooperation with ICE. A total of 59 jurisdictions have said they will no longer comply with ICE requests to hold detainees so that the feds can come pick them up. Two states—California and Connecticut—have enacted measures prohibiting law enforcement from honoring ICE requests to hold immigrants unless those people have committed serious crimes.

So how might the administration fix this thing? We won’t know the details until Obama makes his executive order, but Vox‘s Dara Lind reported in May that one option being considered was to limit the program to so-called Level 1 criminals—those who have committed one “aggravated felony” or two felonies. However, Lind notes, “independent data shows that immigrants can be labeled Level 1 criminals for everything from disturbing the peace to cashing a check with insufficient funds.” In any case, such a change could mean 20,000 to 50,000 fewer deportations per year.

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Obama May Overhaul the Immigration Program That Detains Americans and Turns Cops Into Federal Agents

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Why Won’t Orrin Hatch Blame Republicans For the Failure of Immigration Reform?

Mother Jones

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Utah Sen. Orrin Hatch cracks me up:

Hatch expressed concern that President Barack Obama may soon take executive action on immigration and protect millions of undocumented immigrants from deportation. “It would be catastrophic for him to do that,” said Hatch. “Part of it is our fault. We haven’t really seized this problem. Of course, we haven’t been in a position to do it either, with Democrats controlling the Senate. I’m not blaming Republicans. But we really haven’t seized that problem and found solutions for it.”

….”Frankly, I’d like to see immigration done the right way,” Hatch added. “This president is prone to doing through executive order that which he cannot do by working with the Congress, because he won’t work with us. If he worked with us, I think we could get an immigration bill through … He has a Republican Congress that’s willing to work with him. That’s the thing that’s pretty interesting to me.”

You know, it was only 17 months ago that the Senate passed a vigorously negotiated and tough-minded bipartisan immigration bill that was actively supported by President Obama. You know who voted for it? Orrin Hatch. The only reason it’s not the law of the land today is….Republicans in the House. That’s it.

So what’s the problem here? Why shouldn’t we blame Republicans?

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Why Won’t Orrin Hatch Blame Republicans For the Failure of Immigration Reform?

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