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Civil Rights Commissioner's Double Switch
Yesterday, we reported that the administration's scheme to pack the Civil Rights Commission with Republicans was on shaky legal footing.
But a TPM reader made a good observation. The packing scheme relies on Republican commissioners changing their party affiliation to "Independent" after they've been appointed, thus creating room for more Republicans to be appointed (there can be no more than four commissioners at any one time from a single party).
The Republicans who've switched their affiliation, of course, have denied changing them just to create more room for other conservatives. Abigail Thernstrom was no different, telling the Boston Globe's Charlie Savage that she'd just decided that she'd be "most comfortable" as an independent.
But her comfortability level appears to have abruptly changed. In December, the president reappointed her to the commission, but this time as a Republican, after one of the four Republican nominees left. The move also allowed her to become the commission's vice chairman. (Update/Correction: Bush actually promoted Thernstrom to be vice chair in 2004 -- ironically, six weeks after her first party registration change.)
So to retrace her steps: she was first nominated as a Republican, then registered as an independent, then was re-nominated as an Republican. With that move, the commission's conservative majority drops to five to two -- it's not clear yet who the eighth nominee will be, or what party he or she will represent. But not to worry: the committee can move forward on business with a simply majority, so the commission's direction shouldn't change that much.
Comments (20)
Sherlock wrote on January 9, 2008 1:06 PM:Note to Congress; Close this loophole!
Dr. Wu wrote on January 9, 2008 1:15 PM:More unconstitutional criminal conduct by "Loyal Bushies." Surprise.
mo2 wrote on January 9, 2008 1:44 PM:The end of the Boston Globe article -
"In early 2007, Senate Republicans restored the 6-to-2 bloc by appointing Gail Heriot, a member of the conservative Federalist Society who opposes affirmative action.
Heriot was an alternate delegate to the 2000 Republican National Convention and was a registered Republican until seven months before her appointment. In an interview, Heriot said her decision to reregister as an independent in August 2006, making her eligible to fill the vacancy, "had nothing to do with the commission."
"I have disagreements with the Republican Party," she said. Asked to name one, she declined."
Anonymous wrote on January 9, 2008 1:49 PM:Why do I have the suspicion that one of the other republicans on the commission will suddenly decide they too would be "more comfortable" as an independent, thereby allowing Bush to nominate another R for the open position.
Am I paranoid?
JEP wrote on January 9, 2008 1:56 PM:They'll have to come up with a 4th party to switch to so it isn't quite so transparent.
But who would believe Bush appointing a "Green Party" nominee?
ShorelineCT wrote on January 9, 2008 2:45 PM:I guess they could always join the Connecticut for Lieberman party. Oops, that might not work either. To wit:
http://en.wikipedia.org/wiki/Connecticut_for_Lieberman
714Day wrote on January 9, 2008 3:07 PM:It's hardly as if the MSM was giving coverage to the sort of revoltingly transparent monkey business illustrated here, but now that the primaries are under way, we see less and less even from reliable watchdogs in the blogosphere.
POed Lib wrote on January 9, 2008 3:33 PM:This administration is going to go unscathed in nearly every regard. We already knew that was probable but, man, it's harder to swallow as they near the finish line and get ready to skip away with their bloody mitts clutching taxpayer cash.
Hell.
Repukeliscum cheat. This is just balder and more obvious that most cases. Why ANYONE would trust these steaming piles of shit on anything is beyond me...
moondancer wrote on January 9, 2008 4:07 PM:Fun to watch government that has no accountability in action. Its like being beaten by a drunken lout husband and just having to take until the police finally show up. Hurry 01/20/09.
mo2 wrote on January 9, 2008 4:10 PM:Gail Heriot - Federalist Society, in favor of California's Proposition 209 to end affirmative action, and is in favor of racial profiling.
GAIL HERIOT: I think again we have to use the lightest possible touch here. No one is talking about banning Arab Americans or anyone from the nation's skies. But it may be in order at least in the very short run before other methods can be developed to take special care in searching people who are more likely to be Middle Eastern than it would be, than others.
http://www.pbs.org/newshour/bb/terrorism/july-dec01/racial_profile.html
Bonnie Pello wrote on January 9, 2008 4:21 PM:Abagail Thernstron , one of those who switched to Independent,was on the commission after the 2000 election and the commission was investigating voter supression in Florida and elsewhere.She was a protagonist against those on the commision who found instances of voter supression. Six year terms?Bush must really be grateful to her.
mo2 wrote on January 9, 2008 4:32 PM:Federalist Society revolving door?
Gail Heriot - Associate, Hogan & Hartson, Washington, D.C., 1984-1989
Chief Justice John Roberts - In 1986 left the White House to enter private practice as an associate at the law firm of Hogan & Hartson. He was elected a partner a year later. ... In January 1993, Justice Roberts returned to Hogan & Hartson and resumed his appellate practice. (Ended in 2001 when appointed by G HW Bush).
Anonymous wrote on January 9, 2008 5:28 PM:Let's get a grand jury to look at issues of fraud: Did the FEC Commission allegedly engage in fraud when she "changed" her affiliation, with the intent to acquire the Vice-Chair Position as republican?
Roberta wrote on January 9, 2008 6:33 PM:The Civil Rights Division. Let me write this again:
The Civil Rights Division
This is beyond doublespeak. This is bizarro-land, and it's a bizarro-land where good not only doesn't win, it gets punished.
I really like this transition from Charlie Savage's article:
"They are completely balanced in a way they haven't been for years," said [Abigail] Thernstrom ... .
A core mission of the Civil Rights Commission is to use its bipartisan fact-finding power in racial disputes to "gather facts instead of charges [and to] sift out the truth from the fancies," as Senate majority leader Lyndon Johnson said in August 1957.
Can anything sum up the mendacity of this Administration more succinctly?
JimBob wrote on January 9, 2008 7:42 PM:Bush was a mean practical joker as a young 'un and he's the same today. This kind of stuff isn't ideological, it's simply what he enjoys, what makes him laugh. "Man you shoulda seen the look on their faces when they seen what I done. I thought they's gonna shee-it!"
Joe Monster wrote on January 9, 2008 8:22 PM:Fascinating. Not surprising at all, but fascinating. It shows the level of detail they can ... descend to. Definitely descend. The skulls and bones on the walls of the crypt at Yale, where Bush confessed to his brothers (don't think there were sisters at the time) that he masturbates by shoving his finger into his urethra ... The bones remind them that life is short- act fast.
FCC, NRC, FAA... what else can a 'President' debauch?
I've said it before, that we have no idea how far this has gone, how bad it is, how much of whatever was supposed to be there is left. But not only has this 'President' stacked the deck where we know there's a deck, he's vastly expanded the US payroll. So there are more decks than we even know about.
moondancer wrote on January 9, 2008 9:43 PM:JimBob is right. This really doesn't gain much for any particular crony. This is just kickin a group that is not his people. He is a petty pissant.
neontetra wrote on January 9, 2008 10:01 PM:Standard Operating Procedure for Bush who's real power, as Texas Gov., was in the appointments to boards and commissions - always with his own agenda.
We are still feeling the effect of "compassionate conservative" agenda.
homas wrote on January 9, 2008 11:39 PM:Republicans are dispicable! I feel a need to bathe after reading this.
Nancy Irving wrote on January 10, 2008 1:05 AM:Quick solution: the Democrats on the commission should all change their registrations to Republican.