Newt Gingrich Didn’t Break American Politics

The Times podcast focuses less on Gingrich’s style and more on his use of so-called “wedge issues.” Times columnist Jennifer Senior interviews Republican former congressman Vin Weber about how the GOP “exploited” American differences on cultural issues such as partial-birth abortion and gay marriage to help hand them their first majority in two generations.

But it turns out that “wedge issue” is just another word for “popular position.” In the early 1990s, there wasn’t a meaningful electoral constituency for gay marriage. There wasn’t much public support for partial-birth abortion. By bringing up cultural issues, the Republicans not only gave voice to millions of Americans who had deep concerns about the cultural direction of the country, but also exposed divisions in the Democratic coalition.

Gingrich’s Contract with America (you can read it here) was extensively poll-tested to present only promises that had overwhelming public support. Gingrich was a political street fighter, yes, but he was playing a very strong political hand. Congress was overdue for serious change.

.. it’s hard to argue that he “broke politics” when the GOP House and the Clinton administration worked together to enact significant legislation.

.. What? The president of the United States (a man who is almost certainly a sexual predator, by the way) had an affair with an intern in the Oval Office and lied about it under oath. He lied to the American people. He conducted a systematic smear campaign against his accusers and his investigators. None of this was Newt Gingrich’s fault.

.. It is absolutely worth profiling Gingrich and considering his role in American politics — including the undeniable part he’s played in American polarization. Some of his tactics have absolutely been destructive. But the diagnosis here is just fundamentally wrong.

.. Did Newt Gingrich “break” American politics more than Roe v. Wade did? Do progressives know or care about the shock waves Ted Kennedy’s “Bork’s America” speech sent rippling through conservative America? Lest you need reminding, here is the key part of that vile text:

Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

But for progressives, Roe is good and Bork is bad, and so a bit of sloppy judicial reasoning or rhetorical excess is but a trifling compared to the worth of the broader cause. It’s the arc of history bending towards justice, and that’s not always neat or clean.

.. There’s no question that Newt Gingrich was an important figure, but he was an inevitable important figure. If Gingrich hadn’t ended Democratic dominance of the House, someone else would have. There were tensions in the Democratic coalition that could not be avoided. The Democratic hammerlock on the House was out of step with the composition of the American electorate. The tidal forces of cultural conflicts launched decades before were going to tear apart Congress in the same way they’d torn apart campuses and caused conflict at kitchen tables.So, no, Gingrich didn’t break American politics. But he did help break a progressive monopoly on the House, which the GOP has controlled 20 of the 24 years since. And given the aggression and incivility they overlook on their own side, it’s clear that for many commentators on the left, ending Democratic dominance is Gingrich’s truly enduring sin.

Congress, Do Your Job

After President Trump’s Terrible Tuesday, Republican lawmakers need to stop pretending that there are any red lines that he won’t cross.

Congressional Republicans have been operating under a see-no-evil policy with President Trump: ignoring his lying, his subversions of democratic norms and his attacks on government institutions or, when that’s not possible, dismissing such outrages as empty bluster — as Trump being Trump.

..Also on Tuesday, a federal jury convicted Mr. Trump’s former campaign chairman, Paul Manafort, of bank and tax fraud. How did Mr. Trump react? More like a Mafia don than a guardian of the rule of law. While criticizing Mr. Cohen on Wednesday, the president tweeted that, by contrast, he had “such respect for a brave man” like Mr. Manafort, who “refused to ‘break’ … to get a ‘deal.’ ” The president, in other words, felt moved to praise a convicted felon for refusing to cooperate in the pursuit of justice.

.. And how did Republicans in Congress react? They didn’t, if they could avoid it. John Cornyn, the majority whip in the Senate, shrugged that he had “no idea about what the facts” of Mr. Cohen’s guilty plea were “other than the fact that none of it has anything to do with the Russia investigation.” The office of the House speaker, Paul Ryan, said it needed “more information.” Most members opted for silence.

.. When members of Mr. Trump’s party pooh-pooh his thuggish rantings and otherwise signal that they will overlook even his most dangerous behavior, they are inviting him to act out even more. Like a willful toddler, Mr. Trump lives to test limits.

.. Republican lawmakers need not attack Mr. Trump in order to stop enabling his worst impulses and begin distancing themselves from his corruption. They simply need to stop cowering. An obvious first step is for Congress to pass legislation protecting Robert Mueller’s Russia inquiry

..  The president has toyed with the idea of firing Mr. Mueller and his superior, Deputy Attorney General Rod Rosenstein, moves that would ignite a constitutional crisis. Lawmakers are deluding themselves to think that he won’t consider such radical acts again as his predicament grows more dire.

.. Much of the groundwork for a bill to protect the Russia investigation has already been laid, with a bipartisan plan having passed the Senate Judiciary Committee. Shamefully, Senator Mitch McConnell, the Republican majority leader, has refused to bring the bill up for a vote

.. insisting that it is unnecessary because of course the president would never fire Mr. Mueller.

.. Mr. Ryan has spouted similar assurances. Then again, Mr. Ryan also laughed off the idea that Mr. Trump would strip his political critics of their security clearances, so clearly Republican leaders are not the best barometers of this president’s thinking.

.. Speaking of Mr. Ryan, the speaker needs to shut down the attacks on Mr. Rosenstein by Mr. Trump’s lackeys in the arch-conservative Freedom Caucus.

.. Mark Meadows and Jim Jordan threatened to force an impeachment vote on Mr. Rosenstein, claiming that he was impeding Congress’s harassment — uh, “investigation” — of the Justice Department and the F.B.I. When that plan flopped, the men set their sights on holding Mr. Rosenstein in contempt of Congress — which doesn’t sound as dramatic, but would, if successful, provide Mr. Trump an excuse to oust Mr. Rosenstein and replace him with a lap dog.

.. Once upon a time, campaign finance violations made congressional Republicans very angry indeed. During Bill Clinton’s second term, there was quite an uproar over allegations that the Chinese government had attempted to influence the 1996 presidential race via illegal campaign contributions. (Does Vice President Al Gore’s visit to a certain Buddhist temple ring any bells?)

.. His efforts to hide the money trail suggest he knew his behavior wasn’t kosher. And while the initial payments to the women were made before Mr. Trump won the election, he didn’t begin compensating Mr. Cohen until February of 2017 — thus any conspiracy was carried straight into the Oval Office.

.. Every week seems to bring fresh evidence that Mr. Trump, his inner circle and his main backers do not consider themselves bound by such pedestrian concepts as truth, ethics or the law. The latest confirmation for that was the corruption indictment of Representative Duncan Hunter, Mr. Trump’s second campaign supporter in the House. The first, Representative Chris Collins, was indicted two weeks ago on insider-trading charges.

Congress, unfortunately, remains crouched and trembling in a dark corner, hoping this is all a bad dream. It’s not. Republican lawmakers need to buck up, remind themselves of their constitutional responsibilities and erect some basic guardrails to ensure that — in a fit of rage, panic or mere pique — this president does not wake up one morning and decide to drive American democracy off a cliff.

Lois Lerner’s Last Laugh

If Congress did its job, nobody would be talking about another special counsel.

When House Intelligence Committee Chairman Devin Nunes subpoenaed documents and testimony from the FBI and Justice Department, he was stonewalled for months. In a last-minute bid to circumvent the committee’s demands, FBI Director Christopher Wray and Deputy Attorney General Rod Rosenstein met with Speaker Paul Ryan. The two men ended up agreeing to comply with the subpoenas—but only because Mr. Ryan informed them they would be found in contempt if they did not.

This kind of stonewalling has fed the agitation on Capitol Hill for a second special counsel, who would look into everything from the FBI’s handling of the Clinton email investigation to the use of the Christopher Steele dossier to obtain warrants to listen in on members of the Trump campaign. The calls are mistaken. But the frustration is real

.. But missing here is any discussion of the powers Congress itself has, including but not limited to the subpoena and contempt powers that ultimately forced Mr. Wray and Mr. Rosenstein into compliance.

.. If it only has the backbone, Congress can get what it wants out of the federal bureaucracy. Several executive-branch officials—including Justice’s Bruce Ohr and FBI lovers Peter Strzok and Lisa Page —will soon testify before the House Intelligence Committee. Possibly some or all of them will invoke their Fifth Amendment right against self-incrimination.

If Congress insists on its prerogatives, however, that wouldn’t be the end of the story. Witnesses who plead the Fifth can still be compelled to testify. The price is that the compelled testimony, and evidence derived from that testimony, couldn’t be used against the witness in a prosecution.

A special counsel might not like this, given his emphasis on indictments and prosecutions. But Congress should, because its end goal is political accountability. Which would be up to the American people to impose after learning exactly what abuses have transpired.

House Intelligence Democrats Dispute Republican Report

Among other witnesses, Appendix B includes:

formal and informal campaign foreign policy advisors who have yet to appear before or produce documents to the Committee, including

  • Reince Priebus,
  • Stephen Miller,
  • KT McFarland,
  • Sean Spicer,
  • Keith Kellogg,
  • Joseph E. Schmitz, and
  • Tera Dahl;

individuals with knowledge about the June 9, 2016 Trump Tower meeting with Russian emissaries, the stated purpose of which was to provide damaging information on Hillary Clinton, including Natalia Veselnitskaya, who offered to cooperate, and Roman Beniaminov, a witness with relevant information who resides in the United States;

.. Appendix C identifies more than 20 entities from which the Committee has yet to request documents, including Deutsche Bank, the Estate of Peter Smith (and associated entities), the Russian-American Chamber of Commerce in the USA, and social media companies.

.. Appendix D outlines more than 15 persons and entities for which the Committee believes compulsory process for appearance and/or document production to the Committee is necessary. Included are witnesses who have refused to appear; who have invoked a nonexistent privilege to avoid pertinent testimony or who have simply refused to answer questions because the answers may be adverse to the interests of the President or his campaign; who have not produced any documentation; or whose production was insufficient and for whom we have a reasonable basis to believe that they possess documents responsive to the Committee’s investigation. This list includes, among others:

  • Donald Trump Jr.,
  • Michael Cohen,
  • Jared Kushner,
  • Hope Hicks,
  • Attorney General Sessions,
  • Erik Prince,

and the White House. The Committee must also initiate a contempt process to compel Stephen Bannon to testify to the Committee fully and without constraints.

In consideration of the Special Counsel’s ongoing investigative equities, the Committee also has deferred interviewing

  • Michael Flynn,
  • Paul Manafort,
  • Rick Gates, and
  • George Papadopoulos,

but these interviews will be essential to a complete understanding of the issues of collusion and obstruction of justice. To conduct a legitimate investigation, the Committee would need to interview these individuals, whether or not they have reached plea agreements or are the subject of criminal indictments.

For example, Mr. Flynn specifically informed the Committee via his attorney on June 7, 2017 that he planned to invoke his Fifth Amendment privilege against self incrimination; the Committee did not demand his appearance, as a result. In light of Mr. Flynn’s guilty plea, the Committee should revisit his appearance and seek to negotiate his testimony. The Committee also ought to interview other individuals who may be of investig