Justia columnist, George Washington law professor, and economist Neil Buchanan argues that the recent IRS flap should really be considered a non-scandal, for reasons he explains, although he notes that the agency did make a significant mistake regarding conservative political groups. Ultimately, Buchanan urges that we must now give the IRS the tools it needs to once again do its job as well as it has historically. He contends, too, that we will all be better off if Congress puts aside its habitual political grandstanding, and actually allows the IRS to serve the public.
Continuing his two-part series of columns on Obama’s “Plumbers,” Justia columnist and former counsel to the president John Dean comments on how President Obama has approached national-security leaks. Strikingly, Dean deems Obama the most aggressive American president since Richard Nixon in dealing with national-security leaks and queries why this is so. Dean also suggests that the President’s approach might be a surprise to many of his enthusiastic supporters among the electorate. Another notable aspect of Obama’s approach to this area, Dean points out, is that it is not clear that a heavy-handed treatment of leakers, such as Obama has adopted, is actually an effective one.
Justia columnist and former counsel to the president John Dean comments on how certain presidents—specifically, Nixon, Bush, and Obama—have respectively chosen to deal with national security leaks. Most strikingly, Dean notes that President Obama still fully embraces an only slightly modified Bush/Cheney viewpoint on dealing with leaks of national security information. And that Obama position, Dean points out, is quite notable, since such thinking can be traced directly to Richard Nixon’s infamous “Plumbers.” In the column, Dean also tells the story of the original “Plumbers,” to illuminate the parallel. Dean will continue his series on this topic with Part Two on June 14, here on Justia’s Verdict.
Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the recent IRS scandal, which he contends is better labeled a “non-scandal” limited to low-level mistakes and mid-level crisis mismanagement. He also covers the current state of the IRS, its role in American life, and the reasons its reach has expanded. Buchanan also warns that if we move the IRS out of its current role, we do so at our peril.
Justia columnist and former counsel to the president John Dean discusses each of the three scandals on which the media are currently focusing. After commenting on the nature of modern political scandals generally, Dean focuses on the Benghazi scandal, the scandal regarding the IRS’s targeting conservative organizations, and the scandal regarding DOJ’s subpoenaing AP telephone records. Each scandal, Dean concludes, will not be found significant in the end.
Justia columnist and former counsel to the president John Dean comments on the bipartisan Detainee Treatment report that was recently released by The Constitution Project (TCP). Dean characterizes the report’s findings as nothing less than devastating. In particular, Dean notes that the report leads Dean—who serves on the TCP committee on Liberty & Security—to conclude that Vice President Dick Cheney, as well as others, engaged in war crimes. Dean focuses especially on TCP’s most notable findings in his column.
Justia columnist, George Washington law professor, and economist Neil Buchanan points out that congressional Republicans are now admitting indirectly that the laws that they have passed would require President Obama to make impossible choices as to who will be paid, and who will not. Through this gambit, Buchanan argues, Republicans are now admitting who truly matters most to them: wealthy investors, foreign banks and governments; everyone else, the Republicans say, can wait.
Justia columnist and former counsel to the president John Dean comments on recent Republican ploys, such as seeking to disenfranchise those who will likely vote for Democrats. Dean contends that the GOP has forgotten the basics of American democracy, and that its anti-government stance and its attacks on spending are creating new and unnecessary problems, when there are many other problems that we have yet to effectively address. Dean also warns that America only works based on widespread human decency, a tenet that he contends that the Republicans are testing.
Justia columnist and former counsel to the president John Dean comments on Senator Ted Cruz, who has made news lately. Deeming Cruz an authoritarian conservative, Dean discusses Cruz’s recent clash with fellow Senator Dianne Feinstein, and Cruz’s background and views. Dean also argues that while some call Cruz a wacko, he is better described as a troll; and explains why even some conservative commentators are finding Cruz to be going beyond their limits.
Justia columnist, George Washington law professor, and economist Neil Buchanan comments on a number of striking post-election policy changes from Republicans, on issues ranging from gay rights, to immigration, to reproductive choice. Buchanan argues that the key issue that Republicans won’t bend on now is, unfortunately, the crucial issue of helping people in need—a category of persons that does not just encompass the needy, but other groups like today and tomorrow’s children and retirees as well.
Justia columnist and former counsel to the president John Dean argues that Republican obstructionism in Washington, DC today can be solved in ways similar to those that defeated Republican obstructionism in California. Dean chronicles key events in California’s experience, commenting on the Schwarzenegger Administration and the most recent Brown Administration, and remarking upon the ways in which Democrats, Labor, and Progressives made the Republican Party irrelevant in California, with tactics including registration drives targeting ignored categories of voters. Dean also details the five-step process used in California to defeat Republican obstructionism, and suggests how a similar process could be used at the national level, as well.
Justia columnist, George Washington law professor, and economist Neil Buchanan explains the difference between the sequester and the debt ceiling. He faults Republicans for manufacturing three artificial political crises: shutdowns, defaults and artificial spending cuts. He also makes clear the differences between unilateral Presidential action and Congressionally mandated arbitrariness when it comes to cuts. Moreover, he raises the following questions: When Congress inflicts pain on Americans on purpose, what, if anything, can the President do? Must he still follow Congress’ laws even then?
Justia columnist and former counsel to the president John Dean discusses President Obama’s State of the Union voting commission proposal, and the two well-known Washington lawyers—one a Democrat, the other a Republican—who will head the Commission. The Commission will be tasked with improving the voting experience for Americans, in the face of, among other voting problems, reports of extremely long lines at the polls in some states in 2012. Dean argues that the history of presidential commissions is not encouraging, but that President Obama’s Commission could do some good if it focused on preventing a repeat of Republicans’ efforts in 2012 election to make voting more difficult, and thus advantage their own party.
Justia columnist, George Washington law professor, and economist Neil Buchanan cautions young people that there is much misinformation in the media, and from some in Congress, now about Social Security, which he urges them to resist. Buchanan counters the misinformation by, first, explaining the basic financial workings of the Social Security program, and then explaining why the aging of the Baby Boom generation will not inexorably harm younger citizens when it comes to Social Security, as some claim. Buchanan also argues that Democrats should not give ground on Social Security, as President Obama has tried to do, because, in the long run, keeping Social Security strong will benefit both the young and the old alike.
Justia columnist and former counsel to the president John Dean offers a sharp critique of House Majority Leader Eric Cantor’s recent speech, “Make Life Work for More People.” Dean sees the speech as a pure public relations move, to initiate a kind of rebranding of the Republican Party. Dean contends, though, that there is nothing truly new in Cantor’s speech, if one reads it closely, with an eye to history. Dean comments specifically on five areas on which Cantor commented: education, healthcare, workplace reforms, immigration and innovation, and in each area deems Cantor’s views mundane. Dean also locates Cantor’s views within modern conservatism and its key thinkers.
Justia columnist, George Washington law professor, and economist Neil Buchanan argues that today’s policy debates should not focus too far on the future, contrary to Paul Ryan's and others’ arguments. Buchanan notes that leading economists are now increasingly acknowledging that our longtime focus on debt and deficits is no longer appropriate. Thus, Buchanan contends that we need to focus, for instance, on preventing cuts to Social Security, Medicare, and Medicaid that will definitely harm people, not on long-term forecasts about debt that may or may not prove accurate.
Justia columnist and former counsel to the president John Dean discusses the debt-ceiling crisis and how it might play out. Dean notes that if both sides remain adamant in their positions, we will be in unchartered territory, and that President Obama is refusing to negotiate this time around. To make the stakes here clear, Dean describes the impact of failing to raise the debt-ceiling limit. Moreover, citing the work of fellow Justia columnists Neil Buchanan and Michael Dorf, Dean also explains the constitutional and legal problems that will arise if the debt ceiling is not raised, and why its not being raised is a real possibility. Dean also questions whether an out-of-control Congress might even attempt to impeach President Obama if he were to be forced to break the law in order to prevent the U.S. from defaulting, and avert a financial catastrophe.
Justia columnist and Cornell law professor Michael Dorf and Justia columnist, George Washington law professor, and economist Neil Buchanan argue that, faced with a trilemma of unconstitutional choices, President Obama effectively has no choice but to exceed the debt ceiling, and they explain exactly why that is. Buchanan and Dorf describe why, to honor the Constitution, a President must choose to issue debt in excess of the statutory limit, if the budget otherwise requires him to do so. They also argue that even Republicans in Congress should want the President to issue more debt, if Congress itself is unable to find a way to do its duty and increase the debt ceiling as needed. In their analysis, Buchanan and Dorf also invoke the idea that some choices are more unconstitutional than others; constitutionality, in other words, isn’t just either/or.
Justia columnist, George Washington law professor, and economist Neil Buchanan sharply critiques the tax deal that was just passed. Buchanan contends that the big picture here is very different from that painted by Beltway insiders in the run-up to the deal, in important ways. To support his points, Buchanan covers the basics of the deal; points out that merely because both sides were disappointed does not mean that a good deal was struck; and questions the need for the deal in light of the fact that the long-term budget situation looks significantly better than most people think, in part because certain pessimistic assumptions about health-care costs have so far not proven true.
Justia columnist and former counsel to the president John Dean urges that filibuster reform is vitally necessary if the nation is to get Congress working again. Dean places the problem squarely on Republicans’ shoulders, and describes the Party’s filibuster abuses. He also notes the baleful effect of the Republicans’ use of the filibuster upon the judicial confirmation process, triggering an emergency situation in the judicial branch. Dean comments on what effective filibuster reform would look like; contends that there are no strong arguments against it; and explains the so-called “nuclear option” that Democrats still could invoke if they so chose.