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Michael Winship: When Bush Comes To Shove, Recess Appointments

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  • Michael Winship: When Bush Comes To Shove, Recess Appointments

    MICHAEL WINSHIP: WHEN BUSH COMES TO SHOVE, RECESS APPOINTMENTS

    BuzzFlash, IL
    Feb 6 2007

    A Buzzflash Guest Contribution
    by Michael Winship

    Warren Bell is a funny guy. He has worked on television sitcoms like
    "Coach" and "According to Jim," starring Jim Belushi. Nevertheless,
    Warren Bell is a funny guy.

    He wrote what he thought were entertaining but decidedly politically
    incorrect musings on the Web site of the conservative journal National
    Review. In one, he made a crack about Nancy Pelosi leaving a stain
    on his shirt, for which he has since apologized.

    In another entry, he declared, "I am thoroughly conservative in ways
    that strike horror into the hearts of my Hollywood colleagues... I
    support a woman's right to choose what movie we should see, but not
    that other one. I am on the Right in every way." Other submissions
    have a similar, poke-in-the-eye-with-a-blunt-stick attitude.

    Whether this qualifies Warren Bell for membership on the board of the
    Corporation for Public Broadcasting is debatable at best. No matter.

    He has TV experience, gave a few thousand bucks to Republican
    candidates, including George W. Bush, and the president saw fit
    to appoint him to the board, even though Bell confessed he wasn't
    conversant with public broadcasting's programming, favoring sports
    radio over NPR.

    National Public Radio's understandably peevish response: "As far as
    we can tell," spokeswoman Andi Sporkin said, "Mr. Bell only brings
    a history of questionable comments about women, minorities, and
    the media, and no discernible relevant achievement, involvement,
    or commitment to public broadcasting."

    Yet despite concerns that he'll be another right-winger along the
    lines of Ken Tomlinson, the former CPB chair who resigned last year
    after revelations of partisan abuse of his position, Bell says he'll
    do an okay job. He told the Los Angeles Times, "I'm not an ideologue
    and I'm certainly not Ken Tomlinson. I'm not on a crusade, except to
    make PBS a really great network for people to watch." Okay, Warren.

    We'll be watching you, too.

    But that's not the point. Last summer, noting his lack of
    qualifications, the Senate Commerce Committee opted not to consider
    Bell's nomination. So Bush waited until over the holidays, when
    Congress was out of session, and named Bell to the board anyway -- a
    recess appointment that will be in place until the current session of
    Congress ends. California Democratic Senator Barbara Boxer said, "The
    American people made clear on November 7 they wanted bipartisanship
    from their government, and President Bush once again chose to ignore
    the concerns of the Senate instead of choosing a consensus nominee."

    Presidents have been making recess appointments since George
    Washington. The power's right there in the Constitution -- Article
    II, Section 2 -- "The President shall have Power to fill up all
    Vacancies that may happen during the Recess of the Senate, by granting
    Commissions which shall expire at the End of their next Session."

    Our current president takes advantage of this perk a lot. Most of his
    recess appointments have been for political and ideological advantage,
    not -- as was the Constitution's intent -- to fill positions essential
    to the efficient running of government when there were long gaps
    between sessions of Congress. Such was the case in pre-airplane and
    air conditioning days, when travel was slow and the malarial heat
    of DC shut down the capital for months. Today, President Bush uses
    it to circumvent the balance of power, preventing the Senate from
    exercising its right of advice and consent, pushing and shoving his
    choices into office.

    John Bolton's tenure as ambassador to the United Nations is the
    most notorious example, but how about Richard Stickler, a former
    coal company executive who is head of the Mine Safety and Health
    Administration? The Senate held up his appointment because, from 1989
    to 1996, the injury rates at mines under his corporate management
    were double the national average.

    In October, the president granted Stickler a recess appointment.

    According to the AFL-CIO, "Last year was the deadliest year for U.S.

    coal miners since 1996, with 47 deaths -- a 210 percent increase from
    2005." That includes the 12 killed at the Sago Mine in West Virginia
    a year ago. Stickler promises stricter enforcement and more mine
    inspectors. We're watching you as well, sir.

    Then there's Wayne Beyer, a Republican lawyer appointed to the Federal
    Labor Relations Authority. The FLRA mediates management-labor disputes
    involving the one million union members employed by the Federal
    government (not including Postal Service employees). There are supposed
    to be three members of the FLRA, two Republicans and one Democrat.

    The Democratic slot is vacant but Bush refuses to name a replacement.

    Meanwhile, on the same day as the Warren Bell CPB announcement,
    the president recess-appointed Wayne Beyer to the FLRA. So now there
    are two Republicans running the agency with no Democrat to challenge
    their decision-making. It's all legal.

    There are others. Among them, Julie Myers, head of the Immigration
    and Customs Enforcement Agency (successor to the Immigration and
    Naturalization Service), whose lack of qualifications remains
    controversial -- she was assistant secretary for exports at the
    Commerce Department, where she oversaw a staff of 170. Now she's in
    charge of more than 15,000.

    And Ellen Sauerbrey, former U.S. representative to the UN Commission
    on the Status of Women, whose right-to-life positions made her a
    divisive recess appointment for the post of assistant secretary of
    state for population, refugees, and migration.

    The next Senate recess comes February 19, when there's a weeklong
    break for the Presidents Day holiday. Many anticipate the possibility
    of at least two more controversial recess appointments.

    The president may appoint Richard Hoagland ambassador to Armenia. The
    nomination has been held up in the Senate by New Jersey Democratic
    Senator Robert Menendez because of the administration's and Hoagland's
    reluctance to classify the World War I-era killing of as many as one
    million Armenians by the Ottoman Empire as genocide, a classification
    the current Turkish government officially rejects.

    President Bush may also name Susan Dudley head of the regulatory
    office of the White House Office of Management and Budget, a position
    described by Frank O'Donnell, president of Clean Air Watch as "one
    of the most obscure yet powerful jobs in Washington."

    In the online, public interest journal TomPaine.com, O'Donnell wrote,
    "The person in this position can, largely without public scrutiny,
    interfere with actions of agencies such as the Environmental Protection
    Agency, and become a conduit for industries seeking to avoid federal
    health, environmental, and safety standards.

    "These industries couldn't have picked a better champion than Dudley,
    a true anti-regulatory zealot. As director of regulatory studies at the
    industry-funded Mercatus Center, Dudley was like a wrecking ball out to
    smash key safeguards. She opposed, for example, EPA attempts to reduce
    smog, clean up gasoline, and keep arsenic out of drinking water...

    "Putting Dudley in this key federal post would be like naming comedian
    Michael Richards to head the U.S. Civil Rights Commission."

    In other words, because of actions such as Bush administration recess
    appointments, the clowns are running the circus.

    ++++++++ Over the last year, three great women of Texas have died:
    former Governor Ann Richards, columnist Molly Ivins, and my mom.

    Molly died last week and there's nothing I can add to the justly
    merited encomiums of praise. The final, brief conversation I had
    with her was in the weeks just before my mother, Amanda Frances
    Forrester Winship, passed. Knowing my mother hailed from the town
    of Belton, Molly said, by way of benediction, I think, "Your mom --
    she's REAL Texas."

    Molly Ivins was real Texas, too, and real just about everything
    else; genuine in her liberal convictions, wickedly funny, vivid,
    an inspiration to everyone who ascribes to Mr. Dooley's famous
    description of journalism's purpose as afflicting the comfortable and
    comforting the afflicted. All of us must act, Molly said, because,
    "Politics is not a picture on a wall or a television sitcom that you
    can decide you don't much care for."

    She was very much a role model for this column and if I ever get even
    remotely proximate to her wisdom, generosity, patriotism, wit, and
    class, I will die a happy man. God bless Molly Ivins. Raise more hell.

    A BUZZFLASH GUEST CONTRIBUTION

    Michael Winship, Writers Guild of America Award winner and former
    writer with Bill Moyers, writes this weekly column for the Messenger
    Post Newspapers in upstate New York.

    http://www.buzzflash.com/articles/contribut ors/769
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