Ted Kennedy

Impeachment diary II

While senators basked in the glow of Friday's bipartisan trial accord, both sides were already plotting to renew the war.

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Friday’s historic bipartisan closed Senate caucus was by all accounts one of the few times in memory that senators put aside their egos and their press flacks and attempted to do the right thing for the American people. My boss, no simp, called it one of the greatest moments of his Senate career.

But as senators basked in the glow of bipartisan accommodation, most insiders knew it marked a pleasant calm before a storm of partisan warfare returns to Washington.

Senators who were friends on Friday are already plotting against one another. And this time, there doesn’t seem much that can save either side. Friday, we were all on Noah’s Ark singing happily, wearing our raincoats. But by Monday it was clear: This is one leaky boat, and there aren’t any bipartisan life preservers.

The devil is in the details, they always say. Upon further reflection, both sides now have to view the details as a map to the river of no return. We should have known. When Ted Kennedy and Phil Gramm are crafting bipartisan treaties, the apocalypse is upon us.

To begin with, the deal stipulates that the House managers have 24 hours to present their case and then the White House gets 24 hours. Sounds easy, but the mind games are getting good. If you start on Thursday, when, politically, do you want to get done? Republicans are playing cat and mouse. Maybe they’ll use their whole 24 hours and maybe they won’t. In truth, they’d like nothing more than to make the Democrats start their defense on Saturday — and yes, right now they’re talking about working on Saturdays — lined right up against the NFL playoffs.

Once the 48 hours of testimony and presentations are complete, the senators will turn to the question of whether to call witnesses. Given the Bible-size Starr Report and its appendices, the House Judiciary Committee’s report, not to mention every major news outlet’s accumulated wisdom for the past year, one has to wonder what nuggets of wisdom the witnesses are expected to reveal. But sex sells, and Republican senators seem determined to bring us Monica Lewinsky, up close and personal.

To get to the witnesses, two motions will be filed. First, a motion to dismiss, and then a motion to issue subpoenas and depose witnesses. We spend our hours now arguing in back rooms and at dimly lit tables about what the motion to dismiss will look like.

Remember this: The wording of that motion, and how many votes it gets, will be the only thing that ends up mattering. Here’s why:

Democrats need to look like they tried to be impartial. Republicans may end up needing a censure framework. So Democrats will seek a motion that says one of two things: First, even if the facts as alleged are true, the president’s acts are not high crimes; or, second, that we’ve taken a look at perjury and obstruction of justice and it doesn’t seem to us that those crimes occurred.

Democrats have got to craft language that gives them cover: We looked at the evidence, and there’s no reason to go on — in words that will hold all, or almost all, 45 Democrats. Clinton’s party could split on how tough on the president their language should be. But if they manage to hold together the caucus, Democrats will say to Republicans: “Look, you’ll never get a two-thirds vote to impeach, and so this should end. Let’s censure.”

Republicans can either make a deal or go to war. And all the evidence indicates they’ll go to war — if war means a protracted trial. All the crowing about how the Gramm-Kennedy agreement built in an escape hatch, which would let the Senate end the trial after the 48 hours of presentations, ignored the fact that the Democrats will never get six Republican votes to end the trial without witnesses. Even moderates like Maine’s Olympia Snowe and Susan Collins, who may not ultimately vote to convict the president, are saying they think the matter warrants witnesses.

And conservatives are determined to refuse a deal, and have the long, drawn-out trial. Their party approval rating is already the lowest in recorded history. Their best option may be no conviction, but no censure, either. Then the public would be mad at every politician in Washington.

When the motion to dismiss fails, as it inevitably will, the president’s lawyers will go to war. They will call every witness they can, contest every point and make the trial bloody. It’s what they are trained to do. Democrats can’t want that. They have won the first rounds. They have the public on their side, according to polls. Their elder statesmen will beg the White House to “just hang in there, we have the votes.”

But trained attack dogs don’t play just to stay ahead in the polls. Their job is to go for the throat and bloody the opposition. Then we get to the best part: While the bipartisan agreement was praised because it seemed to force the Senate to vote on a package of proposed witnesses, not judge each witness one by one, that all may fall apart. It’s now possible the Senate could end up voting on each witness, up or down. And that will be a nightmare.

Like everything in Washington, Friday’s agreement amounted to another lawyer and lobbyist protection act. The way I figure it, each potential witness will need lobbyists and lawyers, both for and against. We could see unprecedented campaigns and alliances. The Christian Coalition will mobilize on behalf of calling Monica Lewinsky as a witness, the first time America’s biggest Christian lobby came out behind a purveyor of oral sex. The AFL-CIO could oppose calling Bettie Currie, rising to the defense of a besieged federal worker. The NAACP will attack the focus on Vernon Jordan, whose only crime is helping the president’s friends — Lewinsky, Web Hubbell — find gainful employment.

Meanwhile, we can’t introduce any bills, nor have any hearings, on anything other than impeachment. After Jan. 19, we may be allowed to have hearings in the mornings, but not in the afternoons, meaning nothing will get done. If we do end up in a long, bloody trial, look for the Democrats to object to anything else moving except the trial. It could be a long, hot winter. Or is that spring?

I am canceling my April vacation plans. June looks good.

Ted Kennedy rented a brothel in 1961

The FBI claims that a year before his Senate election, Kennedy rented a Chilean brothel while on fact-finding trip

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Ted Kennedy rented a brothel in 1961Edward "Ted" Kennedy, former U.S. senator from Massachusetts (D).

An FBI file contends that a young Edward M. Kennedy arranged to rent a brothel for a night while visiting Chile in 1961, a year before he was elected to the Senate.

The previously redacted State Department memo, dated Dec. 28, 1961, was released by Judicial Watch, a Washington-based organization that said it obtained it through a Freedom of Information lawsuit.

According to the memo, the Massachusetts Democrat made arrangements to rent the brothel “for an entire night” in Santiago earlier in 1961. “Kennedy allegedly invited one of the Embassy chauffeurs to participate in the night’s activities,” according to the memo.

One State Department official described Kennedy as “pompous and a spoiled brat,” according to the memo. Kennedy was making a fact-finding trip to several Latin American countries. “Kennedy met with a number of individuals known to have communist sympathies,” the memo said.

Kennedy was a 29-year-old assistant district attorney in Boston at the time of the trip. He was elected to the Senate in 1962 and served more than four decades until his death in 2009.

Kennedy’s family members had no immediate reaction to the release of the memo.

The documents from Judicial Watch provide no indication of the source of the allegations or whether the FBI believed the allegations were true. Judicial Watch said it waged a “tough” fight with the Obama administration for access to the previously secret documents.

Last June the FBI released more than 2,300 pages of documents from Kennedy’s file, many of them containing information about various death threats against Kennedy and his family. Some of the material was redacted by the FBI.

Some of the threats prompted investigations, some resulted in warnings to Kennedy or local law enforcement authorities. There is no indication any attempts were carried out.

Kennedy family members were given a chance to review and to raise objections to the documents before they were released last June. The FBI has additional documents on threats to Kennedy, possibly thousands more pages, that it plans to make public once the agency finishes reviewing them.

The family has no legal power to keep information withheld, the FBI has said, but the bureau does consider privacy concerns on a case-by-case basis.

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Carter: Kennedy was drinking before 1980 snub

The former president's newly released presidential diary includes an interesting observation about a famous moment

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Carter: Kennedy was drinking before 1980 snubJimmy Carter, left, shakes hands with Sen. Edward Kennedy on the podium at the Democratic National Convention in 1980.

This week marks the publication of Jimmy Carter’s private journal of his presidency, “White House Diary.” The entries are often brief, but Carter does offer an interesting account of one of the most widely discussed moments of his doomed 1980 reelection effort: Ted Kennedy’s apparent snub of him on the final night of the Democratic convention in New York, just after Carter had delivered his acceptance speech.

“Afterward,” Carter writes in his diary, “Kennedy drove over from his hotel, appeared on the platform along with a lot of other people, seemed to have had a few drinks, which I probably would have done myself. He was fairly cool and reserved, but the press made a big deal of it.”

They sure did — and for good reason. Kennedy’s challenge of Carter for the ’80 nod was unusually bitter and protracted. Even though Carter won twice as many delegates in the primary and caucus season, Kennedy fought all the way to the August convention, attempting to convince delegates to support a rule change that would have allowed them to vote their conscience on the first ballot — instead of being forced to cast a ballot for the candidate they’d been pledged to during the primary season. Only when this effort failed did Kennedy back down and end his campaign (with what was probably the best speech of his career). So it was only logical that the press would watch the body language closely when the two men came together onstage after Carter’s acceptance speech two nights later — and Kennedy’s discomfort was obvious. As the Washington Post reported it:

When Kennedy did arrive, wearing that familiar tight-lipped smile his traveling press corps has come to call “the smirk,” he strode into the crowd of Democratic officials already on the podium, gave Carter a perfunctory shake of the hand, and walked away to the side of the platform.

There followed a comical ballet in which Jimmy and Rosalynn Carter and House Speaker Thomas P. (Tip) O’Neill Jr. (Mass.) all tried futilely to lead Kennedy back to center stage for an arms-up pose with the president.

When Kennedy went to the left side of the platform to raise a fist toward his Massachusetts delegation, Carter made a beeline to join him and struck the same pose. But Kennedy’s arm had come down a split-second before Carter’s shot up.

You can watch some of Kennedy’s snub of Carter in this video:

Carter has already rasied eyebrows while promoting his diaries. In a “60 Minutes” segment that aired over the weekend, he told Lesley Stahl that “we would have had comprehensive healthcare now, had it not been for Ted Kennedy’s deliberately blocking the legislation that I proposed” as president. “It was his fault,” Carter added. “Ted Kennedy killed the bill.”

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Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

New FBI docs show Kennedy death threats

The FBI releases previously secret files concerning death threats against the late Sen. Edward Kennedy

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Most of the secret FBI files on the late Sen. Edward Kennedy being released Monday concern death threats against the longtime senator.

Alex Brown of the FBI’s records management division said the FBI would post some 2,000 pages of previously secret pages about the Massachusetts Democrat on the agency’s website.

The release of the documents has been highly anticipated by historians, scholars and others interested in the life and long public career of one of America’s most prominent and powerful politicians.

The Associated Press and other media organizations requested the documents through Freedom of Information Act requests.

Kennedy faced death threats when he ran for president in 1980 and before that in the years following the assassinations of his older brothers.

President John F. Kennedy was assassinated in Dallas on Nov. 22, 1963. U.S. Sen. Robert F. Kennedy was slain in Los Angeles on June 6, 1968.

The deaths of his two older brothers cast a long shadow on Kennedy’s life, and prompted fears he too would be targeted by an assassin’s bullet.

After his brothers’ assassinations, Kennedy wrote in his memoir “True Compass” released last year, that he was easily startled at loud sounds, and would hit the deck whenever a car backfired.

Kennedy, who served in the Senate for nearly half a century, died in August 2009 after a yearlong struggle with brain cancer. He was 77 and the last surviving brother of the famed political family.

——

Online:

http://foia.fbi.gov/hottopics.htm

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Coakley wins primary to replace Kennedy

The Massachusetts state attorney general won the Democratic nomination easily; she's likely to win the general too

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Tuesday night, Massachusetts Attorney General Martha Coakley won the Democratic primary in a special election to replace the late Sen. Ted Kennedy. If all goes as expected, she’ll win the general election, held early next year, and be sworn in to the Senate.

Coakley was the front-runner going into the night, but her margin of victory was still impressive. In a four-way race, Coakley still managed to pick up a plurality of 47 percent, beating Rep. Michael Capuano’s 28 percent and the 13 percent and 12 percent that Alan Khazei and Stephen Pagliuca were able to pull in, respectively.

Beyond just giving Coakley the opportunity to take Kenedy’s place in the Senate, Tuesday’s vote represented a milestone for Massachusetts: This is the first time either party has nominated a woman for one of the state’s Senate seats.

Alex Koppelman is a staff writer for Salon.

Voters picking a successor for Kennedy

A primary's held in the race to replace Ted Kennedy in the Senate

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Voters are heading to the polls in Massachusetts Tuesday, in the first step towards picking a longer-term replacement for the late Sen. Ted Kennedy. This vote is just the primary — the general won’t be held until early next year — but given the Democratic advantage, it will all but decide the final outcome.

The race has flown under the radar thus far, largely because state attorney General Martha Coakley has consistently been favored in polls. She’s running against Rep. Michael Capuano, Boston Celtics co-owner Stephen Pagliuca and Alan Khazei, who started the community service organization City Year.

There is one interesting dynamic to the race. Former President Bill Clinton endorsed Coakley recently. That pits him against former Gov. Michael Dukakis, the Democratic presidential nominee in 1988; Dukakis is backing Capuano.

Currently, Kennedy’s seat is held by Paul Kirk.

Alex Koppelman is a staff writer for Salon.

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