Tag Archives: obama

It’s Time to Stop the Immigration Reform Charade

Mother Jones

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John Boehner says he’d really, really love to pass immigration reform, but darn it, President Obama’s arbitrary and lawless regulatory changes to Obamacare make that impossible. Republicans no longer trust Obama to enforce whatever law they pass, so they’re stuck.

This is a contrivance so obvious that I think most five-year-olds could see through it, but that’s Boehner’s story and he’s sticking to it. So Harry Reid has now made official what used to be merely idle chatter:

“Let’s pass immigration reform today. Make it take effect in 2017. Republicans don’t trust President Obama,” Reid said. “Let’s give them a chance to approve the bill under President Rand Paul or President Theodore Cruz. To be clear, delaying implementation of immigration reform is not my preference. But I feel so strongly that this bill needs to get done, I’m willing to show flexibility.”

….“If they don’t take our offer, then we’re going to have to go to the second step, which is not my preference,” Reid said. “Administrative rules cannot trump legislation but we’re going to have to do what we have to do as we proved with DACA,” he said, referring to Obama’s program to grant deportation relief and work permits to young illegal immigrants who came to the United States as children.

Look: immigration reform is dead. Republicans just aren’t willing to cross their base and pass something. The lawlessness story has never been anything more than a pretense, so Reid’s offer won’t change anything on that front. As for the executive action threat, Democrats have already tried that once before, when they were attempting to pass a cap-and-trade bill. If the bill didn’t pass, they said at the time, Obama would be forced to curb carbon emissions using executive actions. And he’s doing it! So it’s not as if Republicans figure he won’t call their bluff. They know he will. But that’s still not enough.

Nothing would be enough. The tea party has won. They don’t want immigration reform in any guise, and they control the Republican Party these days. That’s the reality, and I think by now everyone knows it. It’s time to stop the charade and move on.

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It’s Time to Stop the Immigration Reform Charade

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Here’s Why It’s a Mistake to Foxify the VA Story

Mother Jones

A couple of days ago I was emailing with a friend who was bemoaning President Obama’s slow response to the crisis at the Veterans Health Administration. It’s obviously hard to take the other side of that argument, especially since Obama made the poor performance of the VHA a big campaign issue in 2007. Here’s what he said:

It’s time for comprehensive reform. When I am President, building a 21st century VA to serve our veterans will be an equal priority to building a 21st century military to fight our wars. My Secretary of Veteran’s Affairs will be just as important as my Secretary of Defense. No more shortfalls — it’s time to fully fund the VA medical center. No more delays — it’s time to pass on-time VA budgets each and every year. No more means testing — it’s time to allow all veterans back into the VA. I will immediately reverse a policy that led the VA to turn away nearly 1 million middle and low-income veterans since 2003.

Obviously this makes Obama an even bigger target than he would have been anyway. And the charges aimed at the VHA are pretty ugly. They need to be taken seriously.

Nonetheless, I replied that there was more to this than we were getting from the feeding-frenzy stories offered up by the media. Perhaps somebody ought to do a deep dive on the story of the VHA over the past couple of decades? I don’t have the background to do this myself, but in the meantime I’d like to offer a few quick bullet points that anyone writing about the VHA should at least be aware of. Here they are:

During the Clinton administration, the performance of the VHA was revolutionized under Kenneth Kizer. The old VHA of Born on the 4th of July fame was turned into a top-notch health care provider that garnered great reviews from vets and bipartisan praise on Capitol Hill. The best account of this is Phil Longman’s 2005 article, “Best Care Anywhere.”
In 1999, Republicans decided to play dumb political games with Kizer’s reappointment. Eventually, with the handwriting on the wall, he chose to leave the VHA.
Under the Bush administration, some of the VHA’s old problems started to re-emerge, most likely because it no longer had either presidential attention or a great administrator. As early as 2002—before the Afghanistan and Iraq wars made things even worse—claims-processing time skyrocketed from 166 days to 224 days.
Under the Obama administration, the patient load of the VHA has increased by over a million. Partly this is because of the large number of combat vets returning from the Afghanistan and Iraq wars, and partly it’s because Obama kept his promise to expand access to the VHA.
It was inevitable that this would increase wait times, and the VHA’s claims backlog did indeed increase during the first three years of Obama’s presidency. Over the past couple of years, however, wait times have shrunk dramatically. A digital claims system has finally been put in place, and the claims backlog today is less than half what it was at the beginning of 2013.
What’s more, despite its backlog problems, the VHA still gets high marks from vets. Overall, satisfaction with VHA care is higher than satisfaction with civilian hospitals.
The most sensational charge against the VHA is that 40 or more vets died while they were waiting for appointments at the VA facilities in Phoenix. But so far there’s no evidence of that. The inspector general investigating the VHA testified last week that of the 17 cases they’ve looked at so far, they haven’t found any incidents of a patient death caused by excessive wait times.
In February, Republicans killed a bill that would have funded two dozen new medical centers. “I thought that maybe, just on this issue, this Senate could come together and do the right thing for our veterans,” said Sen. Bernie Sanders. Nope.

Finally, it’s important to distinguish between complaints about medical care and complaints about access to the VHA system. There are lots of complaints about the latter, partly because the rules about who’s eligible for VA coverage are fairly complex. Both of these things are fair game, but they shouldn’t be confused. They have different causes and different repercussions.

None of this is really meant to exonerate the Obama administration from whatever faults the VHA still has. He’s been president for more than five years, after all. At the same time, the VHA has had a lot of problems for a long time, and their origins span parties, administrations and branches of government. Obama may deserve to get knocked around for not doing more to fix them, but he also deserves credit for finally making significant progress on issues that have festered for decades.

This isn’t a story that deserves to be treated like Benghazi 2.0. Leave that to Fox News. If you’re going to tell this story, you need to tell it all, both good and bad.

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Here’s Why It’s a Mistake to Foxify the VA Story

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Obama Administration Sued for Refusing to Disclose Data on Student Loan Debt Collectors

Mother Jones

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President Barack Obama has taken several steps over the past few years to address the $1 trillion problem of student loan debt. He’s pushed loan forgiveness programs and efforts to help borrowers reduce payments. One thing that apparently isn’t factoring into his plans, though, is reining in abusive debt collectors that the Department of Education hires to collect student loans debt when people can’t pay.

More than $94 billion of the nation’s student loan debt was in default as of September 2013, according to a March report from the Government Accountability Office. And the percentage of people defaulting on school loans has increased steadily for six years in a row. In 2011, the Department of Education paid private debt collectors $1 billion to try to collect on that debt—a number that is expected to double by 2016. The tactics used by those debt collectors range from harassing to downright abusive. In March 2012, Bloomberg reported that three of the companies working for the Department of Education had settled federal or state charges that they’d engaged in abusive debt collection.

Consumer advocates have found that the debt collectors routinely violate consumer protection laws when trying to collect on student loan debt, which is especially problematic given that some of those firms are supposed to be helping borrowers “rehabilitate” their loans to reduce their debt burden. The student loan collectors have vast power, including the ability to garnish wages and seize tax refunds—tools not normally available to companies collecting ordinary consumer debt.

In March 2012, the Department of Education said it was reviewing the commissions it paid debt collectors in the wake of complaints that the contractors were abusing borrowers. But so far, there’s not much evidence that anything has changed. The GAO report found that the Education Department still does little to oversee student-loan debt collectors, and has done little more than provide “feedback” when alerted to abuses.

The National Consumer Law Center has been highlighting the problems with student-loan debt collectors for a few years now, and watchdogging the Department of Education’s work in this area. Or at least it’s been trying to. Since 2012, the non-profit advocacy group has filed multiple Freedom of Information Act requests for information about the government’s relationships with student-loan debt collectors. But so far, the Obama administration has stonewalled the requests. On Monday, after more than year attempting to peel back the secrecy around the debt collection contracts, NCLC filed a lawsuit demanding that the Department of Education comply with the Freedom of Information Act and release the data.

“Collection agencies routinely violate consumer protection laws and prioritize profits over borrower rights,” says Persis Yu, an attorney with NCLC. “Abuses by these debt collection agencies cause significant hardship to the millions of students struggling to pay off their federal student loans. Taxpayers and student loan borrowers have a right to information about the impact of the Education Department’s policy of paying outside debt collectors on the rights of borrowers. The Education Department should not insulate itself from public scrutiny.”

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Obama Administration Sued for Refusing to Disclose Data on Student Loan Debt Collectors

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Vladimir Putin Has Been Outplayed by Barack Obama

Mother Jones

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Max Fisher notes this morning that although President Obama got a lot of flak for his restrained response to Russia’s aggression in Ukraine, his approach of giving Vladimir Putin enough rope to hang himself has turned out to be a lot cannier than his critics expected:

This has been so effective, and has apparently taken Putin by such surprise, that after weeks of looking like he could roll into eastern Ukraine unchallenged, he’s backing down all on his own. Official Russian rhetoric, after weeks of not-so-subtle threats of invading eastern Ukraine, is backing down. Putin suddenly looks like he will support Ukraine’s upcoming presidential election, rather than oppose it, although it will likely install a pro-European president. European and American negotiators say the tone in meetings has eased from slinging accusations to working toward a peaceful resolution.

Most of this is economic. Russia’s self-imposed economic problems started pretty quickly after its annexation of Crimea in March and have kept up. Whether or not American or European governments sanction Russia’s broader economy, the global investment community has a mind of its own, and they seem to have decided that Russia’s behavior has made it a risky place to put money. So risky that they’re pulling more money out.

A lot of that may have come the targeted sanctions that Obama pushed for against individual Russian leaders and oligarchs. Those targeted sanctions did not themselves do much damage to the Russian economy. But, along with Russia’s erratic behavior in Ukraine and the lack of clarity as to whether Europe and the US could impose broader sanctions, it appears to have been enough to scare off global investors — the big, faceless, placeless mass of people and banks who have done tremendous damage to Putin’s Russia, nudged along by the US and by Putin himself.

I’m a little less surprised than Fisher, though Obama’s policy was always a bit of a crapshoot since there was no telling (a) just how important Putin thought annexation of eastern Ukraine was, and (b) how much economic pain Putin was willing to put up with. This wasn’t necessarily a rational calculation on Putin’s part, which meant it was never entirely amenable to rational analysis on our part.

Still, there have always been good reasons to think that a military annexation of eastern Ukraine represented a huge risk for Russia—potentially turning into a long and wearying guerrilla war—and that even the existing economic sanctions were biting hard enough to be worrisome. After all, Putin’s nationalistic fervor may have initially played well domestically, but in the long term domestic opinion depends heavily on economic performance. If the Russian economy started to tank, those adoring crowds would have turned surly in pretty short order.

In my mind, the biggest wild card has always been this: what, really, is the value of eastern Ukraine to Russia? Yes, there’s some industry, and potentially a land border with Crimea. But those are frankly small things, especially if annexing Ukraine was likely to lead to prolonged low-level war and even stiffer sanctions from the West. As for Putin’s claim to be responsible for oppressed Russian-speaking minorities, I don’t think anyone should take that too seriously. He may sincerely feel aggrieved about this, but even the threat of action has already gotten him what he wants on this score: a strong likelihood that Kiev will negotiate a certain level of autonomy for regions in eastern Ukraine, and perhaps a more accommodating approach in other countries toward Russian speakers.

With the caveat—again—that this has never been an entirely rational situation, I continue to think that eastern Ukraine simply isn’t valuable enough to Russia to justify a lot of risk. Putin made a play for taking control without any real opposition, and it failed. It’s obvious now that the cost would be pretty high, both in military opposition and in economic pain. Too high. And Putin knows it.

Would a more assertive military posture from Obama have made a difference? Maybe. But there’s as much chance it would have made things worse as there was that it would have made things better. This is something that the John McCains of the world have never understood, which is odd since they know perfectly well how they themselves respond to threats of violence. Why do they think Putin would respond any differently?

In the end, Putin will probably come out of this OK. He has Crimea, and he’s regained at least a bit of the influence over Ukraine that he lost via his bungled foreign policy early in the year. If he backs off now, the economic pain will ease; Ukraine will be a more pliant neighbor; and he’ll retain his popularity at home. If he’s smart, he’ll decide this is close enough to victory, and call it a day.

But the United States will come out OK too. The punditocracy will have a hard time acknowledging this, since they’re pretty dedicated to the idea that there only two kinds of foreign policy success: military intervention and flashy, high-stakes diplomatic missions. But there are more subtle kinds of success too. This may well turn out to be one of them.

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Vladimir Putin Has Been Outplayed by Barack Obama

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Fox News Really Needs to Up Its Push-Polling Game

Mother Jones

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Steve Benen alerts us to the latest ridiculously-worded question in a Fox News poll:

In the aftermath of the Benghazi terrorist attacks, the Obama administration incorrectly claimed it was a spontaneous assault in response to an online video, even though the administration had intelligence reports that the attacks were connected to terrorist groups tied to al Qaeda. Do you think the Obama administration knowingly lied about the attacks to help the president during the ongoing re-election campaign, or not?

I’m not even going to bother pointing out all the ways in which this is wrong. If you’ve been reading my blog for a while and you still don’t know, then I’ve failed utterly.1

But here’s the funniest part: as Benen points out, the question Fox asked is roughly like saying “The administration totally lied. Do you think the administration knowingly lied?” And even so, Fox could only muster 51 percent agreement. Try harder, guys.

1Oh, all right. Here are the facts yet again: (a) Benghazi was an opportunistic assault, carried out with no more than a few hours of planning. (b) Reporting on the ground confirms that the video did, in fact, play a role in provoking some of the attackers. (c) Neither Susan Rice nor anyone else denied that Al Qaeda-affiliated groups were responsible. In the first few days after the attack they said only that we didn’t know yet. (d) In any case, Ansar al-Shariah is primarily a local group with local grievances, and is only tenuously affiliated with Al Qaeda. Abu Khattala, who also led some of the attackers, had no ties to Al Qaeda at all.

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Fox News Really Needs to Up Its Push-Polling Game

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News Organizations Sue Missouri to Reveal the Contents of Its Execution Drugs

Mother Jones

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The Guardian, AP, and three local newspapers are wading into the death penalty fray with a lawsuit challenging the secrecy surrounding lethal injections in Missouri—one of more than a dozen states that have begun hiding information about their execution drugs. In a complaint filed Wednesday morning with the Cole County circuit court, the news organizations argue that the secrecy violates the public’s First Amendment right to know how the condemned are being killed. The document specifically references the case of Clayton Lockett, the death row inmate who writhed and moaned in apparent pain after being injected with a secretly acquired drug combinations last month.

Prior to the execution, Lockett—who took a record 43 minutes to die—had argued that withholding the source and contents of execution drugs was unconstitutional because the untested combination could create a level of suffering that violates the Fifth Amendment ban on cruel and unusual punishment. Other death row prisoners have sued to block their executions on similar grounds, but the new lawsuit appears to be the first to challenge the lack of transparency based on the First Amendment right of access. Below is a snippet from the Guardian‘s story on the case:

A Guardian survey has identified at least 13 states that have changed their rules to withhold from the public all information relating to how they get hold of lethal drugs. They include several of the most active death penalty states including Texas, which has executed seven prisoners so far this year, Florida (five), Missouri (four) and Oklahoma (three).

Attention has been drawn to the secrecy issue by the botched execution of Clayton Lockett in Oklahoma on 29 April….Lockett’s lawyers had argued in advance that he might be subjected to cruel and unusual punishment as a result of the lack of information surrounding the drugs, but the state supreme court allowed the procedure to go ahead having come under intense pressure from local politicians, some of whom threatened to impeach judges.

In the wake of the events in Oklahoma, in which the prisoner writhed and groaned over a prolonged period, the state has agreed to pause for six months before carrying out any further judicial killings to give time for an internal investigation to be completed. President Obama described the Lockett execution “deeply troubling” and has asked US attorney general Eric Holder to review the way the death penalty is conducted.

Until last year, Missouri which is now executing prisoners at a rate of one a month, was open about where it obtained its lethal injection chemicals. But like many death penalty states, its drug supplies have dwindled as a result of a European-led pharmaceutical boycott, and in a desperate move to try to find new suppliers it has shrouded their identity in secrecy.

In October, the state changed its so-called “black hood law” that had historically been used to guard the identity of those directly involved in the death process. The department of corrections expanded the definition of its execution team to include pharmacies and “individuals who prescribe, compound, prepare, or otherwise supply the chemicals for use in the lethal injection procedure.”

Since the law was changed, Missouri has put six prisoners to death using drugs from a mystery source. Deborah Denno, an expert in executions at Fordham University law school, told the Guardian that the secrecy seems designed to cover up shortcomings in the system. “If states were doing things properly they wouldn’t have a problem releasing information,” she said. “They are imposing a veil of secrecy to hide incompetence.”

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News Organizations Sue Missouri to Reveal the Contents of Its Execution Drugs

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12 Things Obama Used To Distract From Benghazi, According to Conservatives

Mother Jones

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Earlier this week, former tea party congressman Allen West contributed to the chorus of right-wingers accusing the Obama administration of using wily tricks to distract us from Benghazi. “Consider all the scandals facing the Obama administration, especially Benghazi and the Select Committee, which Rep. Nancy Pelosi referred to as a ‘political stunt,'” West wrote in a blog post. “So what better time than right now, to create the straw man of Boko Haram, another distraction for which no real action will take place.”

Cool story.

Here are all the things Obama has used, or deployed, to distract America from his #Benghazi cover-up, according to conservatives:

#BringBackOurGirls
Climate change
Syria
Trayvon Martin
Partisan politics
IRS
Michael Sam
The Navy Yard shooting
The Associated Press spying scandal
Terror threat and embassy closures
Gay rights
Big Bird

Even Big Bird was in on it. Just when you think you know someone

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12 Things Obama Used To Distract From Benghazi, According to Conservatives

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There’s No Good Reason for Keeping OLC Opinions Confidential

Mother Jones

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President Obama’s nomination of David Barron to the First Circuit Court of Appeals has reopened a fight over whether the White House should release Barron’s memo (written when he worked at the Office of Legal Counsel) justifying drone strikes against Anwar al-Awlaki. Time reports:

Under pressure from liberals and libertarians that threatens to sink a judicial nomination, the Obama Administration is moving closer to releasing a classified legal justification for the use of drone strikes against Americans fighting for al-Qaeda, Administration officials tell TIME.

….The U.S. intelligence community and the Office of the Director of National Intelligence want the Administration not to release the memo. Also against release is the Office of Legal Counsel, which serves as the in-house legal expert on executive branch powers and which vigorously guards its opinions.

Greg Sargent comments:

The case for more transparency was spelled out recently by the New York Times, which argued: “the government has the right to secrets about its operations, but not secrets about its legal reasoning.”

If there is a convincing rebuttal to that argument, I haven’t heard it. Indeed, one person who may agree with it is President Obama, given that in his big national security speech last May, he said he’d tasked his administration to “extend oversight of lethal actions outside of war zones that go beyond our reporting to Congress.” What is the rationale for keeping the legal justification secret?

I’d go further. I’ve never really understood the rationale for any OLC opinions to stay confidential. In some sense, yes, there’s a case to be made for executive privilege: this is advice from one of the president’s aides to the president himself, and courts have ruled that presidents have a legitimate interest in keeping internal advice confidential in order to ensure that they get candid judgments. But that’s a helluva stretch in this case because OLC opinions go beyond mere advice. For all practical purposes, they have the force of law, since presidents use OLC opinions as the basis for determining what they can and can’t do.

Should the United States have secret laws? As it happens, the United States does have secret laws. That is, actual congressional statutes that you and I aren’t allowed to read. So this isn’t quite as unprecedented as it seems. Still, that’s a rare occurrence, while OLC opinions are routinely kept secret. Why? If specific bits and pieces need to be redacted, fine. But in a democracy, the legal reasoning justifying the enforcement of our laws should be a matter of public record. We should all know what the laws of the land are and how the executive branch is allowed to act on them. There’s really no compelling argument on the other side.

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There’s No Good Reason for Keeping OLC Opinions Confidential

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Republican Tax Increases: A Centrist Fantasy That Refuses to Die

Mother Jones

Dave Weigel points me to Ron Fournier’s latest column:

As late as a year ago, just a few months after Obama shoved a reelection tax hike down their throats, the GOP leadership was still open to compromise. A budget deal would be hard, but not impossible, to strike. The situation required an able, nimble partner in the White House, a president who could help the GOP leadership reach and sell a deal to their conservative base. In March 2013, I wrote of the GOP: “Don’t mistake a negotiating position for reality. House Republicans tell me they are open to exchanging entitlement reform for new taxes—$250 billion to $300 billion, or approximately the amount that Republican Sen. Pat Toomey of Pennsylvania proposed raising over 10 years under the guise of tax reform.”

The numbers were specific because the possibility of a deal was real. But the White House, quite literally, laughed at it. The president had already bowed to his base, given up on compromise, and damaged his legacy.

I just don’t get this. Are there a few House Republicans who are open to a tax increase? Sure. Probably. Is there even the slightest chance of getting a majority of the GOP caucus to support a tax increase? Of course not. The evidence on this score is overwhelming. John Boehner was never able to get agreement even for the smoke-and-mirrors version of a tax increase, the kind that relies on dynamic scoring and rosy growth estimates. Nor were Republicans willing to accept Toomey’s proposal, even though it was effectively a tax cut, not a tax increase. There’s just plainly never been any chance at all of getting agreement for a proposal that would genuinely, concretely raise revenue.

I’m just flummoxed by this stuff. Whatever else you think of Fournier, he’s an experienced reporter who understands the political landscape. How can he possibly believe this stuff?

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Republican Tax Increases: A Centrist Fantasy That Refuses to Die

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Tim Geithner on Why Obama Passed Over Elizabeth Warren to Head the Consumer Protection Bureau

Mother Jones

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There is no love lost between Tim Geithner, the former US treasury secretary, and Sen. Elizabeth Warren (D-Mass.). Geithner and Warren memorably clashed during hearings over the $700 billion bank bailout (Warren at the time chaired Congress’ bailout watchdog panel), and many progressives believed that Geithner denied Warren her rightful place as the full-time director of the Consumer Financial Protection Bureau.

In his new book, Stress Test, Geithner denies blocking Warren and describes his relationship with the progressive favorite as “complicated.” He praises her “smart and innovative” ideas about consumer protection, which, over dinner in Washington with Warren, he discovers are “more market-oriented, incentive-based, and practical than her detractors realized.” In the same breath, though, Geithner jabs Warren for running her bailout oversight hearings “like made-for-YouTube inquisitions rather than serious inquiries.” (Geithner’s not the only one to point out Warren’s embrace of the viral video clip: Listen to Buzzfeed reporter John Stanton’s comments in this MSNBC roundtable.)

So why did the Obama administration pass over Warren to run the new bureau? Geithner writes, “There was a lot to be said for making Warren the first CFPB director, but one consideration trumped all others: The Senate leadership told the White House there was no chance she could be confirmed.” Warren’s eventual gig—a presidentially-appointed acting director charged with getting the new bureau up and running—was Geithner’s idea, he says:

Chief of staff Mark Patterson and I thought about options, and after a few discussions with Rahm, I proposed that we make Warren the acting director, with responsibility for building the new bureau, while we continued to look for alternative candidates. This would give her a chance to be the public face of consumer protection, which she was exceptionally good at, and the ability to recruit a team of people to the new bureau right away, which she wouldn’t have been allowed to do if she had been in confirmation limbo.

What stands out in Geithner’s retelling is the depth of President Obama’s admiration for Warren, and how much Obama agonized over what to do with Warren and the consumer bureau. The bureau was, after all, her idea. Here’s what Geithner writes:

The President was torn. Progressives were turning Warren into another whose-side-are-you-on litmus test. The head of the National Organization for Women publicly accused me of blocking Warren, calling me a classic Wall Street sexist. Valerie Jarrett, the President’s confidante from Chicago, was pushing hard for Warren, too, and she was worried I would stand in the way. At a meeting with Rahm and Valerie, I told the group that if the President wanted to appoint Warren to run the CFPB, I wouldn’t try to talk him out of it, but everyone in the room knew she had no chance of being confirmed. The president, who almost never called me at home, made an exception on this issue. It was really eating away at him. He had a huge amount of respect for Warren, but he didn’t want an endless confirmation fight, and he was hesitant to nominate someone so divisive that it would undermine the agency’s ability to get up and running, as well as its ability to build broader legitimacy beyond the left.

As soon as Warren got to the CFPB, she began trying to lure away Geithner’s own staffers. “She was unapologetic when my team finally confronted her about it,” he writes, “and you had to respect her determination to get things done.”

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Tim Geithner on Why Obama Passed Over Elizabeth Warren to Head the Consumer Protection Bureau

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