Commentary Magazine


Topic: Elizabeth Warren

Cherokee Controversy Not Hurting Warren

Suffolk University finds that Elizabeth Warren’s support is actually holding steady in Massachusetts, despite the ongoing controversy about her dubious Cherokee ancestry claims. Sen. Scott Brown and Warren still appear to be in a dead heat:

Republican incumbent Scott Brown (48 percent) clings to a one-point lead over Democratic challenger Elizabeth Warren (47 percent) in the Massachusetts race for the U.S. Senate, according to a Suffolk University/7NEWS (WHDH-Boston) poll of likely general-election voters in Massachusetts.

The poll result is well within the margin of error. Five percent of voters were undecided in a race that has drawn interest from across the country, even though the primaries are months away. The race has closed since a February Suffolk University/7NEWS poll showed Brown leading Warren 49 percent to 40 percent, with 11 percent either undecided or choosing someone else.

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Warren’s Indian Problem Isn’t Going Away

Genealogy has become a popular American pastime, but it’s not one that Elizabeth Warren seems to be enjoying. The law professor turned Democratic Senate candidate has discovered to her displeasure that more attention is being paid to her somewhat tenuous claim to Native American ancestry and the use her academic employers made of this fiction than her attempt to defeat Massachusetts incumbent Scott Brown. The Atlantic’s Garance Franke-Ruta has compiled all the available evidence on the matter and found some facts that will comfort Warren and others that her critics will promote. But even after we have gotten to the bottom of this — and Franke-Ruta appears to have done so — that won’t solve her problem. Warren’s dilemma is more pressing than merely the irony of a “progressive” hoisted on the petard fashioned by the left.

Warren is vulnerable on this score not just because it is amusing to see a liberal squirm after being called out for masquerading as a minority. Rather it is the fact that she’s a relative newcomer to politics and this controversy is helping to define her. Though she’s right that this is a distraction from the issues, having entered the public imagination as the object of popular scorn in this fashion, it’s going to be difficult for her to shake this image of faux Indian in the next six months.

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Mass Dems Stuck With Elizabeth Warren

Massachusetts Democrats are stuck with Elizabeth Warren. That’s what the Boston Herald is reporting after talking to state Democrats, and they’re probably right. There is nobody with Warren’s name recognition and catching up with fundraising, at this point, would be a long shot:

“The Democratic Party is really stuck,” countered University of New Hampshire political science professor Andrew Smith. “They essentially cleared the path for her as a candidate, and they can’t get rid of her now. She could conceivably drop out, but I doubt that will be the case, and I doubt the party will try to push her aside.” …

Smith and some Democrats say the party can’t switch front-runners now — it’s probably too late for a big name that could attract big money to jump in and gather the 10,000 signatures needed by a June 5 deadline.

“They’re in a tough spot, but there’s not a lot they can do about it,” Smith said.

Warren had $10.9 million as of late March to Republican U.S. Sen. Scott Brown’s $15 million.

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Harvard’s “First Woman of Color”

Politico reports an update on the Elizabeth Warren ancestry story that just won’t die:

Elizabeth Warren has pushed back hard on questions about a Harvard Crimson piece in 1996 that described her as Native American, saying she had no idea the school where she taught law was billing her that way and saying it never came up during her hiring a year earlier, which others have backed up.

But a 1997 Fordham Law Review piece described her as Harvard Law School’s “first woman of color,” based, according to the notes at the bottom of the story, on a “telephone interview with Michael Chmura, News Director, Harvard Law (Aug. 6, 1996).”

The mention was in the middle of a lengthy and heavily-annotated Fordham piece on diversity and affirmative action and women. The title of the piece, by Laura Padilla, was “Intersectionality and positionality: Situating women of color in the affirmative action dialogue.”

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Warren’s Indian Tales Help Turn Mass. Race Into Town vs. Gown

Contentions has already explored the contradictions at the heart of Elizabeth Warren’s use of her slim ties to a Native American ancestor to portray herself as a member of a minority group at Harvard University Law School. The Democratic candidate has become something of a poster child for the excesses of the world of affirmative action, but the story got a bit more damaging today when the Boston Herald reported that in addition to using her status as a 1/32 Cherokee Indian, she also went native during her time at the University of Pennsylvania.

The Herald discovered that Penn (where she worked from 1987 to 1994), listed her as a minority in a “Minority Equity Report.” Warren’s office is probably right to say that her reputation was good enough in the world of liberal jurisprudence to have earned her a job at prestigious universities. But the revelation that she was touted as a minority hire at yet another school makes her claim that she was unaware of her status as an affirmative action case that much less credible. When added to the fact that she admits listing herself as a minority in the Association of American Law Schools directory for a decade (supposedly in order to meet “other Native Americans”), this new information gives the story new life.

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Another Warren Bizarre Plot Twist

Just when you thought the Elizabeth Warren controversy couldn’t get any more disastrous, Breitbart’s Michael Patrick Leahy reports on yet another bizarre plot twist:

For over a quarter of a century, Elizabeth Warren has described herself as a Native American. When recently asked to provide evidence of her ancestry, she pointed to an unsubstantiated claim on an 1894 Oklahoma Territory marriage license application by her great-great grand uncle William J. Crawford that his mother, O.C. Sarah Smith Crawford, Ms. Warren’s great-great-great grandmother, was a Cherokee. …

But the most stunning discovery about the life of O.C. Sarah Smith Crawford is that her husband, Ms. Warren’s great-great-great grandfather, was apparently a member of the Tennessee Militia who rounded up Cherokees from their family homes in the Southeastern United States and herded them into government-built stockades in what was then called Ross’s Landing (now Chattanooga), Tennessee—the point of origin for the horrific Trail of Tears, which began in January 1837.

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Elizabeth Warren and the Tragedy of Modern Liberalism

As utterly obnoxious–and insulting to voters–as the White House’s “war on women” was, there were moments when I actually felt a pang of sympathy for the loyal foot soldiers dispatched to pillage the news cycle. Carrying the banner of this base anti-intellectualism required a certain shamelessness that was off-putting, but at times strangely pitiful. One such example came after Rush Limbaugh insulted the 30-year-old liberal activist Sandra Fluke, and in response Neera Tanden, once an adviser to both Clintons and to President Obama and now president of the Center for American Progress, was reduced to tweeting this:

Outraged Rush is attacking all women thru Sandra Fluke? Pl sign CAP’s petition: http://cap.af/xNDJwc – I #standwithsandra & hope you will 2

That the Obama White House has taken men and women of repute and transformed them into Axelrodian snark artists long preceded Tanden’s tweet. But it caught my attention because it seemed to be the reductio ad absurdum of modern liberalism. Until, that is, Elizabeth Warren bailed her out.

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Affirmative Action in Action

Elizabeth Warren, the super-liberal Harvard law professor and candidate for the U.S. Senate in Massachusetts, seems to have gamed the affirmative action system for her own benefit. When she was on her way up the greasy pole of law-school professorships she claimed she belonged to a “minority”–American Indian to be precise. From 1986 to 1995, while teaching at the University of Texas and the University of Pennsylvania, she was listed in the Association of American Law Schools’ annual directory of minority law professors. But once she went to work at Harvard, and could no longer benefit by being a minority, she dropped the minority shtick.

The Boston Herald brought this fact to life; her opponent, Scott Brown, pounced, and the Warren campaign has been in damage-control mode ever since. At first they said her Indian ancestry was according to “family lore.” Now, it seems, (one senses an emergency call to a genealogist) her great great great grandmother was Cherokee. So Warren is 1/32 Indian.

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No Recess Appointments This Recess

No president has abused the power to make recess appointments as much as Barack Obama. As I discussed earlier, the power has been increasingly abused — by presidents of both parties — as the Senate procedures for confirming nominees have become ever more protracted and, often, partisan. On Sept. 17, Obama named Elizabeth Warren to a White House advisory job that does not require confirmation. But it makes her, effectively, the head of the new Consumer Financial Protection Bureau, a job that requires Senate confirmation. The Senate had signaled that her confirmation was probably not possible.

Perhaps it’s a sign of Obama’s declining political clout, but the Hill is reporting that the Senate will technically not go into recess from this week until after the election. Instead, it will have pro forma sessions on Mondays and Fridays, in which the Senate will be called to order, the absence of a quorum will be noted, and the Senate will then adjourn.

This political kabuki theater was routine in the last two years of the Bush administration to prevent President Bush from making recess appointments, and the Senate Minority Leader, Mitch McConnell, was able to force it this time by threatening to invoke a Senate rule that requires all pending nominations to be returned to the executive branch when the Senate goes out of session for a protracted period unless unanimous consent is given to waive the rule. That would have meant that all those nominations would have had to be renominated and the whole process repeated.

It is to be hoped that the Senate and the White House will end this game by agreeing to a permanent compromise: that the Senate will agree to act on all nominations within a set period of time (say two months) and no longer allow the use of the filibuster with regard to nominations, and the President will agree to use the power to make recess appointments only in cases where the public good requires the office in question to be filled immediately, the reason the Founding Fathers gave the president the power in the first place.

The Last Thing This Administration Needs

Earlier this month, I commented that it was quite possible that Obama could choose a worse chief of staff to replace Rahm Emanuel — Valerie Jarrett. Her personal judgment is poor, her political instincts run far-left, and she is so cozy with the president, she’s unlikely to part with him — or deliver contrary views — and thereby curb his most self-destructive tendencies. Dana Milbank confirms my take:

As the senior adviser in charge of “public engagement,” she has been the White House official responsible for maintaining relationships with the business community and with liberal interest groups — two of the most conspicuous areas of failure for the White House during Obama’s first two years.

She’s also the one who arranged the hiring of social secretary Desiree Rogers, only to cut her friend loose when Rogers was tarnished by the party-crashing Salahis at a state dinner in November.

In addition to Jarrett’s hiring of Van Jones, support for the Ground Zero mosque, and enthusiasm for Fox News–bashing, Milbank points out that she’s ridden to the rescue of two problematic figures:

Consider the recent hiring of Harvard’s Elizabeth Warren as the White House official in charge of setting up the new Bureau of Consumer Financial Protection. Emanuel and others had opposed the appointment on grounds that Warren is difficult to work with and politically radioactive. But Jarrett, arguing for the need for more senior women in the White House, got Obama to overrule Warren’s detractors. …

Jarrett made a similar intervention months earlier, when some senior White House officials were losing confidence in Attorney General Eric Holder. His job appeared to be in jeopardy over the decision to put Khalid Sheikh Mohammad on trial in New York, but Jarrett made sure that Holder, a friend, would remain in good standing.

Her judgment is deeply flawed, and her ascension would essentially rule out any significant policy readjustment by the Obama administration.  Selecting her would confirm that Obama is not one to self-reflect, admit error, and adjust to new circumstances.

The Cocooned President

The Washington Post tells us that Obama is to be “deprived” within the next six months or so of the services of Rahm Emanuel, David Axelrod (who will go run Obama’s reelection campaign, a task indistinguishable from his current role), James Jones, and other advisers. (Before you get excited, remember who is picking their successors.) The Post tells us that the worldly and sophisticated president (the media told us he was, so how can that be wrong?) “doesn’t like new people.” Let’s hope that isn’t right. Because, to be frank, you’d expect more social adeptness and flexibility from a third grader (and I do). Unfortunately, the problem is all too real:

Recent White House hires reflect the president’s desire to surround himself with people he knows well. Elizabeth Warren, recently tapped as the government’s first consumer protection adviser, is someone Obama describes as a “dear friend.” Austan Goolsbee, brought in as the new chairman of the Council of Economic Advisers, has been in the Obama orbit much longer than the woman he replaced, Christina Romer.

It seems — really, who knew? — as though the president is too insulated:

“They miscalculated where people were out in the country on jobs, on spending, on the deficit, on debt,” said a longtime Democratic strategist who works with the White House on a variety of issues. “They have not been able to get ahead of any of it. And it’s all about the insularity. Otherwise how do you explain how a group who came in with more goodwill in decades squandered it?” The strategist asked not to be identified in order to speak freely about the president and his staff.

This is not an uncommon view among Democratic political professionals, many of whom share the goals of the White House but have grown frustrated with a staff they see as unapproachable and set in their ways.

The solution? Valerie Jarrett as chief of staff!

Apparently yes men and women, unwilling to challenge Obama’s basic assumptions or deliver inconvenient truths, are in high demand. No hope and change for Obama.

This peek at the White House’s circle-the-wagons mentality suggests that Obama is not one to reassess, clean house, and chart a new course after the midterms. It might take him out of his comfort zone. That’s bad news for the country, but music to the ears of the 2012 GOP presidential contenders.

Enough with the Czars

These days, Obama is politically toxic and stymied at every turn. His stimulus plan has been rebuffed by a large segment of his party. He’s not going to get any further pieces of major legislation through, and the Senate has had it with his extreme, wacky nominees. So once again, he placates his base and does an end-around the Senate confirmation process:

President Obama plans to tap Harvard law Professor Elizabeth Warren to a special advisory role so she can help stand up a new consumer financial protection bureau while avoiding a potentially vicious Senate confirmation fight, according to a senior administration official with knowledge of the decision.

The appointment would place Warren in charge of the new watchdog agency she personally proposed three years ago to protect Americans against lending abuses.

Yes, it is brazen and outrageous — another unaccountable czar. The “vicious fight,” by the way, is code for “She is such an extremist, she couldn’t be confirmed.” The reaction is likely to be fierce:

In selecting Ms. Warren, the White House picks an outspoken, populist hero of liberal groups who emerged from the financial crisis as a top critic of Wall Street and banking industry practices. She has blasted the government’s response to the financial crisis and has a penchant for provocative statements. …

Senate Republicans will likely blast the White House’s move, seeing it is a backdoor way of putting Ms. Warren in charge of the agency. The head of the new agency “is unprecedented in the nature of its unfettered and unchecked authorities, which makes the confirmation process even more important to the interests of the American people,” Sen. Bob Corker (R., Tenn.) wrote in a letter to Mr. Obama Wednesday, before news broke of her likely appointment.

Senate Banking Committee Chairman Christopher Dodd (D., Conn.) earlier this week said it would be a mistake for the White House to put her in an interim role without having her nominated for Senate scrutiny.

There is a solution to this, of course: it’s time for the Congress to reassert its legitimate role. How to do it? First, stop funding any agency or entity (start with the consumer protection agency, which should be defunded anyway) for which the Obami appoint a czar in lieu of a nominee subject to the advice and consent of the Senate. The power of the purse is Congress’s biggest stick, and it should start wielding it. And second, there are some positions — including those Cabinet ones likely to be vacated after the midterm election — that must be subject to confirmation. Put a halt to those unless and until the White House cuts this out and offloads some of the existing czars.

Extreme? Not really. What is extreme is an administration that treats its co-equal branches with such contempt. Congress has an institutional interest and responsibility to put an end to it.

Now Liberal Women Are Mad at Him Too

Young people, old people, Hispanics, and independents have all grown weary of Obama. His base is grouchy, sensing that a deluge is coming. And now the self-appointed feminist bean counters are in a snit:

President Obama is facing new criticism from women’s rights groups for failing to nominate a woman to his core group of economic advisers.

Obama on Friday named longtime adviser Austan Goolsbee to head the Council of Economic Advisers after Christina Romer left to return to the University of California at Berkeley.

Women’s rights groups — including the National Organization for Women (NOW) and The New Agenda — have sharply criticized the White House for not including more women in prominent positions overseeing the economy and financial policy.

Not enough for them to have the secretary of state, the secretary of health and human services, the labor secretary, two new Supreme Court justices, and a potential chief of staff (Valerie Jarrett). You can almost sympathize with the White House. Almost – because it, along with every other Democratic administration in recent history, has played the diversity game, proudly showing off its women and minorities as evidence of its anti-bias credentials. Apparently, one of the rules now in this tiresome game is that a woman has to substitute for a woman, or a woman has to be named in the same policy area.

Good golly. If anything, women’s groups should be pleased that their sisters haven’t been sullied by association with possibly the worst economic team since Herbert Hoover. All those men will have a blot on their records, but not the liberal sisterhood.

This sure does seem badly out of date, a creaky remnant of the 1970s: “‘The problem with the president insulating himself with the old boys around him is that he is really not getting information about how people are struggling, how women are struggling,’ Terry O’Neill, head of NOW, said earlier last week.” Do people believe this claptrap anymore?

The real motive, however, may be to pressure the Obami into appointing a left-wing zealot (Elizabeth Warren) to head up the new consumer financial protection office. Maybe if they guilt-trip him, they’ll get their gal in the spot. Well, if Obama is willing to use yet another recess appointment, it’s possible, but there’s little chance she’ll get through the Senate. The current Senate (not to mention the next one) will be reluctant to rubber-stamp another extremist.

You wonder how much longer NOW will be in business. Perhaps NOW and the NAACP should get together for a going-out-of-business sale. Really, the rest of us have moved on. Isn’t it time they did too?

The Left Tips Its Hand on Supreme Court Selections

The New York Times provides a forum for various legal gurus to expound on the Supreme Court selection. It is instructive about how liberals have come to view the courts. First up is Lani Guinier, who considers it the Supreme Court’s job “to place their imprimatur on perceptions of what is right and wrong.” That’s what we need — the high priests of right and wrong imparting wisdom on the rabble of democracy. Good to know.

Another job for the Court: running corporate America. This brain storm comes from Jamal Greene of Columbia Law School:

I would love to see President Obama nominate Elizabeth Warren to the Supreme Court. Ms. Warren is the whipsaw-smart Harvard Law professor and bankruptcy expert chairing the Congressional committee charged with oversight of the bank bailout, which she has strongly criticized. …

It would be difficult, moreover, for Republicans to put up much of a fight against a Supreme Court nominee who was willing to publicly dress down the president’s own Treasury secretary over financial regulation. It might be too much to ask for a confirmation hearing dominated by straight talk about the crisis facing middle- and working-class Americans rather than by baseball analogies, but Elizabeth Warren is our best hope.

Alas, this is how liberals have come to view the Court — as a racial- and gender-preference bonanza, a set of philosopher kings, and an uber-legislature. That the Court has a specific, limited task in our Constitutional system is lost on them. In voicing its views of the Court, the left also reveals its fundamental contempt for the idea of impartial judging and for our democratic system — that is, self-rule by elected leaders. For the left, it’s all about getting judges of the right gender or race who can override the “errors” of the democratic system.