In this life, there are really only three things that are certain and unavoidable: Death, taxes and the fact that every time 9/11 comes up in the national news, former New York City Mayor Rudy Giuliani will rush to find a microphone.
He's certainly done so in the wake of the Obama administration's announcement that self-described 9/11 mastermind Khalid Sheikh Mohammed and four others will be taken from the detention facility at Guantanamo Bay and brought to New York City for trial. A former spokeswoman for Giuliani said on Twitter that the former mayor will be on three networks -- ABC, CNN and Fox News -- this Sunday talking about the decision. On top of that, he's put out a statement condemning the move:
Returning some of the Guantanamo detainees to New York City for trial, specifically Khalid Shaikh Mohammed, has now brought us full circle - we have regressed to a pre-9/11 mentality with respect to Islamic extremist terrorism. Khalid Shaikh Mohammed should be treated like the war criminal he is and tried in a military court. He is not just another murderer, or even a mass murderer. He murdered as part of a declared war against us – America.
This is the same mistake we made with the 1993 terrorists who attacked the World Trade Center. We treated them like domestic criminals, when in fact they were terrorists. In the dangerous world we live in today, a nation unable to identify and properly define its enemies is a nation in danger.
This statement took a whole lot of nerve. Because when it comes to lessons learned and mistakes made in the wake of the 1993 bombing of the World Trade Center, Giuliani is about the last person in the world who should be talking.
First of all, Giuliani himself celebrated the plotters' conviction in criminal court back in 1994, saying the verdict "demonstrates that New Yorkers won't meet violence with violence, but with a far greater weapon -- the law."
Moreover, as mayor, Giuliani was in a unique position to learn from the 1993 bombing and prepare his city for the next terrorist attack. He failed on both counts, with the most obvious evidence of his failure coming in the decision about where to place the city's emergency command center: He ultimately chose the World Trade Center, which had been bombed only a few years earlier. Giuliani has since tried to put the blame for this on his emergency management director, Jerome Hauer, but Hauer had fought for a site in Brooklyn before caving in to his boss.
Last year, the New York Times revealed a memo prepared by the New York Police Department that revealed the NYPD's strenuous objections to the choice. They had good reason to be concerned: On 9/11, the command center was useless, and -- despite what Giuliani says now -- it took hours for him to find a spot that could serve as a backup, Hauer's previous requests to build a secondary facility having been turned down.
Thus far, the public option has had more lives than a cat -- every time it's been declared dead, it's been reborn not long after. But now, it may really be on the way out.
The Associated Press is reporting that Democratic senators have reached a deal on their version of healthcare reform legislation. Under the agreement, according to the AP, the plan to create a government-run insurer would be dropped from the bill.
Details are very sketchy at the moment, but a couple replacements for the public option have been under discussion recently. One would let some Americans buy new plans that would be supervised by the Office of Personnel Management, which is responsible for the health benefits given to federal government employees. The other is an expansion of Medicare, opening the program up so that people who are 55 and older could buy into the program, which is usually restricted to those age 65 and up.
Update: It does seem like Senate Majority Leader Harry Reid wants to hang on at least to the semantics of "public option." As before, the detaisl of the deal aren't very clear, but it does still appear that the public option as we've been discussing it for months now is out. Still, Reid says, in a statement just released, that it's in. He's also denied the AP report.
The full statement:
This has been a long journey. We have confronted many hurdles, and tonight I believe we have overcome yet another one.
I asked Senators Schumer and Pryor to work with some of the most moderate and most progressive members of our diverse caucus, and tonight they have come to a consensus.
It is a consensus that includes a public option and will help ensure the American people win in two ways: one, insurance companies will face more competition, and two, the American people will have more choices.
I know not all 10 Senators in the room agree on every single detail of this, nor will all 60 members of my caucus. But I know we all appreciate the hard work that these progressives and moderates have done to move this historic debate forward.
I want to thank Senators Schumer, Pryor, Brown, Carper, Feingold, Harkin, Landrieu, Lincoln, Nelson and Rockefeller for working together for the greater good and never losing sight of our shared goal: making it possible for every American to afford to live a healthy life.
As is long-standing practice, we do not disclose details of any proposal before the Congressional Budget Office has a chance to evaluate it. We will wait for that to happen, but in the meantime, tonight we are confident.
Update 2: Some aides to senior Senate Democrats are telling Salon that there's some confusion among staffers (and possibly lawmakers) over exactly what the deal that's been reached looks like. Apparently only the 10 Democratic senators involved in the talks know for sure, at least as of late Tuesday night. One senior Democratic aide says the deal will still preserve some form of public plan, though it's significantly weaker than what was in the bill before the negotiations started.
Check back Wednesday morning for more details.
The right is still pretty upset about a comparison that Senate Majority Leader Harry Reid drew between those now opposing healthcare reform and people who fought against abolition, womens' suffrage and the civil rights movement. But Reid isn't backing down.
"At pivotal points in American history, the tactics of distortion and delay have certainly been present," the majority leader said Tuesday. "They've certainly been used to stop progress. That's what we're talking about here. That's what's happening here. It's very clear. That's the point I made -- no more, no less. Anyone who willingly distorts my comments is only proving my point."
Separately, the Wall Street Journal's John Fund criticized Reid on historical grounds, writing:
Historians also faulted Mr. Reid's curious reference to the Senate civil rights debates of the 1960s. After all, it was Southern Democrats who mounted an 83-day filibuster of the 1964 Civil Rights Bill. The final vote to cut off debate saw 29 Senators in opposition, 80% of them Democrats. Among those voting to block the civil rights bill was West Virginia Senator Robert Byrd, who personally filibustered the bill for 14 hours. The next year he also opposed the Voting Rights Act of 1965. Mr. Byrd still sits in the Senate, and indeed preceded Mr. Reid as his party's majority leader until he stepped down from that role in 1989.
Fund's line of attack was odd, and for more than one reason. For one thing, Reid never said it was Republicans who'd opposed the Civil Rights Act of 1964. (Fund gave it the inaccurate title of the 1964 Civil Rights Bill.) For another, making this sort of argument in a column titled "Harry Reid's History Lesson" is just ironic, because it betrays a lack of knowledge of the actual history of the Civil Rights Act and the years that followed.
Democrats did lead the filibuster of the Civil Rights Act, there's no doubting that, and that's something the party -- and especially Byrd -- has to reckon with. But there's a reason why President Obama is a Democrat. There's a reason why the vast majority of African Americans have voted Democrat for decades now, and it's not because they support the pro-segregation party.
The Civil Rights Act was the beginning of the end for the Southern faction that was once key to the Democratic party. Some Southern Democrats, like South Carolina Sen. Strom Thurmond, simply became Republicans. Others, loyal to generations of Democrats that came before them, hung on to their affiliation, only to become the last of a dying breed as Republicans -- using the Southern Strategy -- picked up the mantle of the party opposed to civil rights and ran with it.
There was one other very important senator who supported the filibuster, one whose name Fund didn't mention. That would be Sen. Barry Goldwater, R-Ariz., who said the bill was "a threat to the very essence of our basic system." Later that year, Goldwater became the Republican Party's nominee for president. He was also the model for President Reagan, and for much of the modern conservative movement.
WASHINGTON -- Dropping a public insurance option from the healthcare reform bill is now, conventional wisdom has it, supposed to be the trick that gets the legislation the 60 votes it'll need to pass the Senate. But the talks aimed at figuring out what to replace it with and how to move things along hadn't yet reached any new agreement by late Tuesday -- and key progressive groups that have been staunch supporters of the public option say the alternatives under consideration won't fly.
Two groups of Democratic senators have been meeting since Monday to try to hash out a deal to replace the public option -- five liberals and five moderates. Instead of a government-run insurance plan in the healthcare exchanges that the reform bill would set up, the new scheme would let people who don't have employer-provided insurance buy into new national insurance plans supervised by the federal agency that handles health benefits for government workers, the Office of Personnel Management. The details of how that would work -- how OPM would negotiate with insurance companies to set the premiums, how many people would be expected to enroll, how vigorously the plans would pursue cost controls with providers -- are still all up in the air. Besides opening the federal plan up, uninsured people between 55 and 64 could also buy into Medicare, usually restricted to people 65 and older, though it's not clear how much the government would charge them to do that.
This new plan seems to be picking up steam among moderates, but progressives aren't thrilled by it. "We don't believe that substituting a collection of private plans for a public health insurance option is a compromise," said Jacki Schechner, a spokeswoman for Health Care for America Now, a coalition of progressive groups and labor unions that came out firmly against the alternative plan Tuesday. HCAN supports expanding Medicare, but doesn't think that's an acceptable alternative to a real public option, either.
But the public option may not be an option for much longer, the way things are heading in the Senate. Enough conservative and moderate Democrats have said they won't vote for a bill that includes a public plan that leaders may not have much choice but to jettison it. And while progressives say they don't like the alternative plan, no members of the Senate or major liberal groups have come out and said they'd oppose the overall reform bill without the public option.
Talks are still ongoing, though, and lawmakers participating in them wouldn't say where they think things will end up. "There's no deal on anything," said Sen. Sherrod Brown, D-Ohio, an outspoken public option supporter. "Nobody agrees to anything. The public option is still in the bill. I'm not willing to concede anything" until the talks wrap up.
Time is running out, though. Senate Majority Leader Harry Reid still wants to pass a bill by the end of the year, which doesn't leave much room to let these talks drag on much longer. Asked Tuesday when he would begin to take the next parliamentary step to move the legislation along in the process, Reid just shook his head grimly: "As soon as I can."
The Senate has just voted to table an amendment to its healthcare reform legislation that would have tightened the bill's restrictions on coverage for abortion, bringing it in line with the language contained in the House's Stupak amendment.
By tabling the amendment, the Senate essentially defeated it. But don't think that's the end of the debate over abortion and healthcare reform.
This amendment was authored by Sen. Ben Nelson, D-Neb., who represents a key swing vote on reform, one his fellow Democrats have been working hard to get. And Nelson has said that if language like that used in the Stupak amendment, and in his proposal, isn't included in the Senate bill, he'll vote to support a filibuster.
The vote was 54-45 in favor of tabling the amendment. Nelson and his allies needed 60 votes to keep it alive.
There's been some concern in Congressional Democratic circles recently about the cost of the wars in Afghanistan and Iraq, especially since President Obama announced plans to send more troops to the former. That concern has led to talk of a new tax to help pay for the wars -- but the talk of higher taxes itself has led to other concerns.
In response to this, Sen. Ben Nelson, D-Neb., has introduced new legislation that would create war bonds to fund the wars.
"I believe that we need shared sacrifice and fiscal discipline in financing the war effort,” Nelson said in a statement. “I don't believe our first instinct should always be a rush to tax. The government has gone to great lengths to address the economic downturn and adding new taxes right now could undermine those efforts."
The problem with this logic is that bonds -- even war bonds -- aren't free money. At some point, those who invested expect to be paid back, and with interest. In order to accomplish that, the government has to use money it gets from... well, from tax dollars.
Of all the liberals who've come out to criticize President Obama, Rep. John Conyers, D-Mich., might be the most prominent. And maybe the harshest, too.
"I'm getting tired of saving Obama's can in the White House. I mean, he only won [on healthcare] by five votes in the House, and this bill wasn't anything to write home about," Conyers said last month. "You know, holding hands out and beer on Friday nights in the White House and bowing down to every nutty right-wing proposal about health care, and saying on occasion that public options aren't all that important is doing a disservice to the Barack Obama that I first met who was an ardent single-payer enthusiast himself."
Now, Conyers says he got a call from Obama, who wanted to discuss the congressman's comments.
"[Obama] called me and told me that he heard that I was demeaning him and I had to explain to him that it wasn’t anything personal, it was an honest difference on the issues. And he said, ‘Well, let’s talk about it,’” Conyers told the Hill for an article published Tuesday. The paper says Conyers told the president he didn't want to "chat," and that he'll be writing Obama soon.
The White House has, thus far, declined to comment on the story.
War Room is written and edited by Alex Koppelman, with contributions from Salon reporters around the country.