Commentary Magazine


Topic: health care reform law

Private Email and White House Business

Considering that Obama’s campaign manager Jim Messina is attacking Mitt Romney about  “transparency” issues, he probably should have been more careful about following disclosure rules while serving as White House deputy chief of staff. Politico reports that Messina appears to have used a private email address for government-related conversations with health care lobbyists:

A House Energy and Commerce Committee report out Tuesday is stocked with emails sent from private addresses and meetings scheduled away from the building to avoid official record. Among these are several sent to a pharmaceutical industry lobbyist by Messina, President Barack Obama’s then-deputy White House chief of staff, making promises about language for the health care reforms despite the resistance of then-House Speaker Nancy Pelosi to the measure.

“I will roll [P]elosi to get the 4 billion,” Messina wrote Pharmaceutical Research and Manufacturers of America (PhRMA) lobbyist Jeffrey Forbes from his personal account just days before the Affordable Care Act cleared Congress in March 2010. “As you may have heard I am literally rolling over the House. But there just isn’t 8-10 billion.”

The note related to the official business regarding an agreement reached by the Senate Finance Committee and PhRMA on the president’s health care law. Pelosi’s office referred to previous statements in which she declined to address the deal between the administration and PhRMA.

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Considering that Obama’s campaign manager Jim Messina is attacking Mitt Romney about  “transparency” issues, he probably should have been more careful about following disclosure rules while serving as White House deputy chief of staff. Politico reports that Messina appears to have used a private email address for government-related conversations with health care lobbyists:

A House Energy and Commerce Committee report out Tuesday is stocked with emails sent from private addresses and meetings scheduled away from the building to avoid official record. Among these are several sent to a pharmaceutical industry lobbyist by Messina, President Barack Obama’s then-deputy White House chief of staff, making promises about language for the health care reforms despite the resistance of then-House Speaker Nancy Pelosi to the measure.

“I will roll [P]elosi to get the 4 billion,” Messina wrote Pharmaceutical Research and Manufacturers of America (PhRMA) lobbyist Jeffrey Forbes from his personal account just days before the Affordable Care Act cleared Congress in March 2010. “As you may have heard I am literally rolling over the House. But there just isn’t 8-10 billion.”

The note related to the official business regarding an agreement reached by the Senate Finance Committee and PhRMA on the president’s health care law. Pelosi’s office referred to previous statements in which she declined to address the deal between the administration and PhRMA.

White House officials are required to use government emails when conducting government business, in order to preserve the electronic records. Private email addresses are far less transparent because messages can be deleted. As Politico notes, Messina’s use of private email could be a violation of the Presidential Records Act of 1978. The Bush White House came under fire for a similar violation in 2007.

Republicans on the House Energy and Commerce Committee (which released the Messina emails) are well within their right to raise alarms about this. It’s hard to see how the Obama campaign can continue to attack Romney on “transparency” if it turns out their campaign manager skirted electronic transparency laws while serving in the White House.

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Is Assault on Romney’s Small Business Record a Wise Move?

BuzzFeed reports the Democratic National Committee is planning to go “nuclear” over the attacks on President Obama’s “you didn’t build that” speech, and launch a major assault on Mitt Romney’s small business record:

DNC Communications Director Brad Woodhouse outlined an all-out response to Mitt Romney’s attack on President Obama over his “You didn’t build this” line — which the president and independent fact checkers have said has been taken out of context.

“In conjunction with OFA, we’re going to turn the page tomorrow on Mitt Romney’s trumped up, out of context fact-checked-to-death BS about the president and small business and set the record straight on how Mitt Romney has a horrible record on small business,” Woodhouse said in a memo sent to BuzzFeed, saying there will be on-the-ground events across the country — including in Massachusetts — to rebut Romney’s attack.

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BuzzFeed reports the Democratic National Committee is planning to go “nuclear” over the attacks on President Obama’s “you didn’t build that” speech, and launch a major assault on Mitt Romney’s small business record:

DNC Communications Director Brad Woodhouse outlined an all-out response to Mitt Romney’s attack on President Obama over his “You didn’t build this” line — which the president and independent fact checkers have said has been taken out of context.

“In conjunction with OFA, we’re going to turn the page tomorrow on Mitt Romney’s trumped up, out of context fact-checked-to-death BS about the president and small business and set the record straight on how Mitt Romney has a horrible record on small business,” Woodhouse said in a memo sent to BuzzFeed, saying there will be on-the-ground events across the country — including in Massachusetts — to rebut Romney’s attack.

You can tell this is a moment of desperation for the DNC, because Obama has plenty of weaknesses in his own small business record. Let’s not even get into the fact that the tax cuts for small businesses that he always touts are actually far less than meets the eye. Hasn’t Obama been arguing for months that the tax cuts for those earning over $250,000 should be allowed to expire? The Heritage Foundation crunched the numbers and found that small business owners in that income bracket could end up paying an average of $24,888 in additional taxes under Obama’s proposals:

They are right to be concerned. According to calculations by The Heritage Foundation’s Center for Data Analysis (CDA), the average American with $250,000 or more in income can expect an average $24,888 tax increase next year under Obama’s proposed policies.

The $24,888 figure is often enough for a salary, and despite what some proponents of the tax hike have argued, many of these successful small businesses do have employees. According to the Treasury Department, 1.2 million small businesses both had employees and earned more than $200,000 in 2007. So the president is putting about 1.2 million jobs—perhaps even more—at risk with this tax hike.

Then there’s Obama’s health care law, which is expected to increase health care costs and the regulatory burden for small businesses. The cost of complying with government regulations is a growing problem under the Obama administration, as the Fiscal Times has reported:

The Business Roundtable just released a list of 60 major new pending rules and regulations from the federal government – all of which may dampen economic activity. The NFIB is so worried about the uncertainty created by Obama’s legislative tsunami that it is supporting the Regulatory Freeze for Jobs Act, a bill that would prohibit important new regulations from taking effect before the unemployment rate drops to 6 percent or for two years, whichever is shorter. Embracing such a “time-out” would be an excellent move for the embattled White House, and most definitely for the country.

The Obama campaign is obviously anxious to get back on offense, but picking this particular fight is only going to end up emphasizing Obama’s own weaknesses.

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Flotsam and Jetsam

Rep. Bart Stupak’s seat is now a “toss up.” The ObamaCare vote may turn out to be historic after all. Nate Silver proclaims: “Generic Ballot Points Toward Possible 50+ Seat Loss For Democrats.”

Charlie Cook: “As we head toward November’s mid-term elections, the outlook remains dire for Democrats. For the trajectory of this campaign season to change in their favor, two things need to happen — unemployment must drop significantly, and the public’s attitude toward the new health care reform law must become much more positive. Neither seems likely, though. Increasingly, it appears that for Democrats to turn things around, Republicans would have to snatch defeat from the jaws of victory, or a ‘black swan’ — an extraordinarily unexpected event that causes a tremendous change — would have to swim to the rescue of the president’s party.”

James Jones‘s underwhelming description of the state of U.S.-Israeli relations: “ongoing and fine and continuous.” Continuous? Well, good to know we’re not ending the relationship — and at least we’re past the point where the Obami can say “rock solid” with a straight face. Meanwhile, the White House denies that there has been any change in its policy toward the Dimona nuclear reactor. It’s hard to know what to believe at this point, which itself is evidence of the shabby state of the U.S.-Israel relationship.

The best thing about the Obami’s Israel policy? The lack of consensus and total disorganization. “Although the public fireworks between top U.S. and Israeli officials may have died down in recent days, a fully fledged debate has erupted inside the Obama administration over how to best bring Middle East peace talks to fruition, let alone a successful conclusion.” Thank goodness.

Sarah Palin declares that “this administration alienates our friends. They treated Afghanistan President Hamid Karzai poorly  and acted surprised when he reacted in kind. And they escalated a minor zoning decision into a major breach with Israel, our closest ally in the Middle East.  Folks, someone needs to remind the President: Jerusalem is not a settlement. Israel is our friend. And the critical nuclear concerns of our time are North Korea, who has nuclear weapons, and Iran, who wants them. So, ‘yes we can’ kowtow to our enemies and publicly criticize our allies.Yes, we can. But someone ought to tell the President and the Left that just because we can doesn’t mean we should.”

How’s that “imposed peace deal” going to work again? “Officials say Gaza’s only power plant has stopped operating because of a lack of fuel caused by the ongoing dispute between Palestinian political rivals. Gaza’s Islamic militant Hamas rulers and their Western-backed West Bank rivals have argued over who should pay for the fuel for the plant.”

Jamie Fly and John Noonan on nuclear nonproliferation: “Our unwillingness to penalize countries such as Iran, North Korea, and Syria for their illicit activities only empowers them. It sends the message to other states potentially seeking nuclear weapons that the path to a weapon can be pursued with few repercussions. If President Obama were truly concerned about the future of the international nonproliferation regime, he would follow his recent disarmament ‘accomplishments’ with some serious action to ensure that rogue regimes realize that there is a price to be paid by those who choose to pursue nuclear weapons.”

John Yoo‘s prediction on Obama’s Supreme Court pick: “The president’s low approval ratings and the resurgence of Republican electoral victories in New Jersey, Virginia, and, most importantly, Massachusetts, means that Obama will not pick an ideological warrior who will spark a fight in the Senate. No Dawn Johnsen’s or Larry Tribe’s here. Appointing someone on the extreme left of the Democratic party would be a political gift to the Republicans — it would only continue the drive to the left that is promising big gains for the Republicans in the November election and would frustrate Obama’s other priorities.”

Meanwhile, Obama withdraws the nomination of Dawn Johnsen, who had been tapped to head the Office of Legal Counsel. Could it be that the Democrats don’t want any knock-down-drag-out-fights over left-wing  ideologues?

Could a Republican win the special House election in Hawaii? “This is a three-way race featuring two Democrats, former Rep. Ed Case and Hawaii State Senate President Colleen Hanabusa, squaring off against Republican Charles Djou. It is a winner-take-all contest between the three candidates, competing to replace Neil Abercrombie, who left Congress to run for governor. . .Right now, the race is close: according to a Democratic source, the Democratic Congressional Campaign Committee has conducted an internal poll showing Case at 32%, Djou at 32%, Hanabusa at 27%, and 9% undecided.” Well, like they say, as goes Massachusetts so goes Hawaii. Not really, but this year it might be true.

Rep. Bart Stupak’s seat is now a “toss up.” The ObamaCare vote may turn out to be historic after all. Nate Silver proclaims: “Generic Ballot Points Toward Possible 50+ Seat Loss For Democrats.”

Charlie Cook: “As we head toward November’s mid-term elections, the outlook remains dire for Democrats. For the trajectory of this campaign season to change in their favor, two things need to happen — unemployment must drop significantly, and the public’s attitude toward the new health care reform law must become much more positive. Neither seems likely, though. Increasingly, it appears that for Democrats to turn things around, Republicans would have to snatch defeat from the jaws of victory, or a ‘black swan’ — an extraordinarily unexpected event that causes a tremendous change — would have to swim to the rescue of the president’s party.”

James Jones‘s underwhelming description of the state of U.S.-Israeli relations: “ongoing and fine and continuous.” Continuous? Well, good to know we’re not ending the relationship — and at least we’re past the point where the Obami can say “rock solid” with a straight face. Meanwhile, the White House denies that there has been any change in its policy toward the Dimona nuclear reactor. It’s hard to know what to believe at this point, which itself is evidence of the shabby state of the U.S.-Israel relationship.

The best thing about the Obami’s Israel policy? The lack of consensus and total disorganization. “Although the public fireworks between top U.S. and Israeli officials may have died down in recent days, a fully fledged debate has erupted inside the Obama administration over how to best bring Middle East peace talks to fruition, let alone a successful conclusion.” Thank goodness.

Sarah Palin declares that “this administration alienates our friends. They treated Afghanistan President Hamid Karzai poorly  and acted surprised when he reacted in kind. And they escalated a minor zoning decision into a major breach with Israel, our closest ally in the Middle East.  Folks, someone needs to remind the President: Jerusalem is not a settlement. Israel is our friend. And the critical nuclear concerns of our time are North Korea, who has nuclear weapons, and Iran, who wants them. So, ‘yes we can’ kowtow to our enemies and publicly criticize our allies.Yes, we can. But someone ought to tell the President and the Left that just because we can doesn’t mean we should.”

How’s that “imposed peace deal” going to work again? “Officials say Gaza’s only power plant has stopped operating because of a lack of fuel caused by the ongoing dispute between Palestinian political rivals. Gaza’s Islamic militant Hamas rulers and their Western-backed West Bank rivals have argued over who should pay for the fuel for the plant.”

Jamie Fly and John Noonan on nuclear nonproliferation: “Our unwillingness to penalize countries such as Iran, North Korea, and Syria for their illicit activities only empowers them. It sends the message to other states potentially seeking nuclear weapons that the path to a weapon can be pursued with few repercussions. If President Obama were truly concerned about the future of the international nonproliferation regime, he would follow his recent disarmament ‘accomplishments’ with some serious action to ensure that rogue regimes realize that there is a price to be paid by those who choose to pursue nuclear weapons.”

John Yoo‘s prediction on Obama’s Supreme Court pick: “The president’s low approval ratings and the resurgence of Republican electoral victories in New Jersey, Virginia, and, most importantly, Massachusetts, means that Obama will not pick an ideological warrior who will spark a fight in the Senate. No Dawn Johnsen’s or Larry Tribe’s here. Appointing someone on the extreme left of the Democratic party would be a political gift to the Republicans — it would only continue the drive to the left that is promising big gains for the Republicans in the November election and would frustrate Obama’s other priorities.”

Meanwhile, Obama withdraws the nomination of Dawn Johnsen, who had been tapped to head the Office of Legal Counsel. Could it be that the Democrats don’t want any knock-down-drag-out-fights over left-wing  ideologues?

Could a Republican win the special House election in Hawaii? “This is a three-way race featuring two Democrats, former Rep. Ed Case and Hawaii State Senate President Colleen Hanabusa, squaring off against Republican Charles Djou. It is a winner-take-all contest between the three candidates, competing to replace Neil Abercrombie, who left Congress to run for governor. . .Right now, the race is close: according to a Democratic source, the Democratic Congressional Campaign Committee has conducted an internal poll showing Case at 32%, Djou at 32%, Hanabusa at 27%, and 9% undecided.” Well, like they say, as goes Massachusetts so goes Hawaii. Not really, but this year it might be true.

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