Welcome to the Beginning of the Race

To read the blogs is to believe that Iowans are going to caucus next week, what with the everpresent FEAROFHILLARY and the ridiculous panicky posts calling for supporters of Obama and Edwards to unite in opposition to the great menace from New York. (Memo to those rendered hopeless by Hillary: stop fretting and put your money where hopes lives.) In fact, many, of not most, voters are just beginning to tune in to the race. Even in Iowa, where voters have seen a lot of the candidates, many are undecided and won't make up their minds until the hours leading up to caucus day.

On cue, John Edwards is crystalyzing his message and drawing contrasts with other candidates. Like any good message, his is coherent and simple: I'll fight corporate power to bring about big change. I did it as an attorney, I did it as a Senator, and I'll do it as president. This is powerful, if standard, stuff. But Edwards goes one giant step further to turn his message into something unqiue among recent top-tier campaigns: he wants to remove the dirty clutch of K-Street from his own party, taking on what he aptly calls the "corporate Democrats." Not only is he the fighting populist, he's now also the leading reform candidate.

On Labor Day weekend he delivered his thesis statement: "We cannot replace a group of corporate Republicans with a group of corporate Democrats, just swapping the Washington insiders of one party for the Washington insiders of the other." This past weekend, accepting the endorsement of the Carpenters' Union, he got specific.

The worst loophole on Wall Street lets hedge fund managers escape paying income taxes on most of their compensation. I was the first presidential candidate to support a plan to close the loophole, but top Democrats - Democrats! - are now showing signs of backing down from asking them to pay their fair share as the hedge fund lobbyists put the pressure on.

I wonder (Schumer) who Edwards (Kerry) is talking (Dodd) about.

It's important to Edwards that voters grasp the differences between him and the other contenders. The mainstream media refuse to highlight differences unless first discussed by a candidate, so I've been frustrated by his reluctance to call out his opponents. His criticism of other candidates has too often been vague. He recently went so far as to deny that criticism Clinton was, in fact, criticism of Clinton. But now, as the real race begins, there's no such coyness. I'm pretty sure that Edwards is referring to Hillary Clinton when he says Hillary Clinton.

Look, Senator Clinton is right - you cannot pretend the system doesn't exist. But you also can't pretend that it works. And that's where she and I part company.

Because I believe if you defend the system that defeats change, you can't be a president that will bring change. When it comes to the Washington influence game, we need to end it, not defend it.

She says you bring change by working within the system established by the Constitution. I think the system has been corrupted by corporate powers never contemplated by the Constitution. This is not the government of, by and for the people that our founding fathers intended.

At first I was skeptical about his focus on lobbyists; even though he'd used the issue to expose Hillary at Yearly Kos, it seemed esoteric. Then I saw this Gallup Poll, which found that 72 percent of Americans believe Clinton should join Edwards and Obama in rejecting money from lobbyists, and that 80 percent believe pols in general should reject it.

The more I think about JRE's strategy, the more I like it. For one thing, it's an issue on which Clinton is uniquely vulnerable and Edwards is uniquely strong. Unlike Obama, who developed an election-time aversion to K-Street cash, Edwards has never taken a penny from federal lobbyists. For another thing, Edwards can use the the issue to criticize other candidates on any number of issues. He's already used it to criticize Clinton on health care. He should also use it to criticize her (and Bill Richardson) for championing NAFTA and Obama for supporting two pieces of lobbyist-loved legilsation: the 2005 Energy Bill and atrocious tort "reform."

But Edwards, for now at least, seems to be setting his sights on Clinton. By criticizing Clinton, Edwards also makes the case that he, not Obama, is the real agent of change. Obama is trying to fashion a "Fourth Way" that splits the difference between the populist progressivism of Edwards and the corporatism of Clinton. Accordingly, as this New Yorker piece points out, Obama's criticism of Clintonism is mild and mostly platitudinal, with vague claims that he'd be better able than Clinton to unite the country. Edwards, by contrast, criticizes the Clinton presidency--a logical move for someone who's rejected the philosophy named after the former president. You shouldn't pretend that the Big Dog isn't beloved. Nor, though, should you pretend that the Clinton years were a progressive Golden Age. Clinton gave us increased inequality, the rise of the Washington Consensus, and punitive, underfunded welfare "reform." Edwards, to his credit, has criticized all three developments.

But Edwards shouldn't and won't limit his criticism to the nineties or to Clinton. Contrary to the claims of Chris Bowers, there are significant differences between his policy positions and those of both Clinton and Obama. Edwards needs a pithy way of explaining those differences. To that end, I suggest that he add something like this to his stump speech.

Let me clear: I have enormous respect for Senator Clinton and Senator Obama, and if either one of them emerges as the Democratic nominee, I'll do everything in my power to help them win. But there are some importance differences between me and them, and to make an informed choice voters need to understand those differences.

On pretty much every issue my position is better and bolder than theirs.

Take foreign policy. You all know about the Global War on Terror that Bush launched, this disaster that's given us more terrorists and fewer allies. I'm the only Democratic contender to oppose it. I've offered in its place a counterterrorism plan that actually counters terrorism, one based on cooperation between us and our allies.

Also, on foreign policy, I'm the only candidate who's pledged to lead an effort to rid the world of nuclear weapons. And by doing so, I'll cut the bloated military budget.

And take health care. I'm the only of the big three candidates to propose a plan that would provide health care to every man, woman, and child in America.

Energy? I'm the only one who says no--absolutely no--to nuclear power, which is both inefficient and dangerous.

Taxes? I'm the only one's put out a comprehensive plan to gives most Americans a tax break. At the same time I'm the only one who would roll back Bush's tax cuts for the rich. Both Senator Clinton and Senator Obama would leave Bush's tax cuts for the richest Americans in place for two years, until they expired. That's money we need as soon as possible for health care and other vital programs.

You see, we need to be honest about the country's finances. For me, universal health care and energy independence and reducing poverty and giving middle class Americans a tax break are more important than a perfectly balanced budget. I've made my choice. Obama and Clinton haven't. If it's a choice between a balanced budget and all the programs we need--and it is a choice, believe me--which would they choose? Voters need to know.

Finally, on the all-important issue of money and politics, I'm the only one who's never take a penny from federal lobbyists and I'm the also the only one who's called on Democrats, all Democrats, to say no to lobbyists. Unless and until my party gives lobbyists the cold shoulder, we won't get the kind of change we need.

Oh, I almost forgot. Buy my book.

Tags: Barack Obama, clintonomics, Hillary Clinton, John Edwards, Lobbyists, populism (all tags)

Comments

38 Comments

Re: Welcome to the Beginning of the Race

Ties to predatory lender costs Edwards in SC

http://www.mydd.com/story/2007/9/11/1324 /75689

by areyouready 2007-09-11 09:04AM | 0 recs
Re: Welcome to the Beginning of the Race

Only sign in to say this- please no one engage the troll. He posted first to tie up the thread. Ignore him.

by bruh21 2007-09-11 09:16AM | 0 recs
Great diary, David.

You are either for the lobbyists bribes or against them.

John Edwards is bringing it.

by TomP 2007-09-11 09:08AM | 0 recs
School teachers, Unions, Nurses, Handicapped

None of the people that belong to these groups should be able to pool their resources from across the country and pay to have someone go to Washington and advocate for them in the halls of Congress?

Is that your position?

by dpANDREWS 2007-09-11 12:19PM | 0 recs
Re: School teachers, Unions, Nurses, Handicapped

If that means that Big Coal, Oil, Pharma, Insurance, Auto, Agribusiness, Defense Contractors also don't get a seat at the table, than yes.

by jlars 2007-09-11 04:34PM | 0 recs
Re: Welcome to the Beginning of the Race

"We need to end it, not defend it."  Edwards is taking this fight to the barricades.  And the American people are rousing from their slumber.  
Check out sobermom's diary of dailykos.com on the Carpenter's Union.  We need to return the Democratic Party to its roots, working people.  Time to put aside the third way and embrace the rights way.
http://www.dailykos.com/story/2007/9/11/ 121833/096

And no more stinkin' compromises!
Edwards said at the Carpenter's:

"How do you compromise on universal health care? It's either universal, or it isn't. How do you compromise on equality? Things are equal, or they're not. How do you compromise on the American Dream? On opportunity for everybody? When you cut the deal on opportunity, who's going to be left out?"

by Feral Cat 2007-09-11 09:14AM | 0 recs
Who Said This?

"I think you try to bring everybody to the table. You want their participation, you want to make the system work for everybody.

I think there's a difference between a healthcare plan that builds on the existing system but deals with some of its deficiencies and problems as opposed to a complete new way of doing healthcare in America.

The latter will engender huge opposition. And it will engender a lot of just plain political opposition.

If on the other hand you're taking the system that exists, dealing with the problems with it, making sure everybody gets covered, it's just much more likely to be achievable."

Who said this?  Hillary?

No.

It was Edwards!

http://www.mydd.com/story/2007/2/7/12834 /09259

by BigBoyBlue 2007-09-11 09:29AM | 0 recs
it's true, a lot of people are just tuning in

When I run into someone who attended a precinct caucus in 2004, I always ask, "Do you have a candidate?" I am amazed by how many people tell me they haven't started looking closely at the candidates yet.

The winner in Iowa will be decided in the final weeks before the caucuses--not before.

by desmoinesdem 2007-09-11 09:29AM | 0 recs
I agree

The race in New Hampshire is certainly wide open.

I am writing a longer piece on this, but Edwards does need to find a theme that will work in New Hampshire.  Historically NH has tended to like what I call "good government liberals".  Examples include Carter in '76, Hart in '84, Dukakis in '88 and both Tsongas and Clinton in '92.

Conversely, NH has been tough on midwest populists (eg Harkin and Kerrey in '92, Gephardt and Simon in '88).  Right now Edward's theme is very similiar to the midwestern populists who have not done well in NH.  He needs to find another theme in NH.

A common "good government liberal" theme is the need to minimize the influence of special interests.  One of the more effective attacks Hart made against Mondale in '84 in NH was that Mondale was prisoner to special interests while Hart had pledged not to take any Pac money.

I have seen a similar theme work in the past, and I would not underestimate its importance in NH.

Another characteristic of a "Good Government Liberal" is that they are very issue driven.  This approach worked for both Tsongas in '92 and Hart in '84.  Edwards will try in NH to draw contrasts, I am told, between the vauge solutions that Obama has offered and his more specific solutions.  This approach strike me as both smart, and difficult.  

by fladem 2007-09-11 01:24PM | 0 recs
Re: Welcome to the Beginning of the Race

A few things here; First, the 'no nuclear power' suggestion is quite odd; even the founder of Greenpeace has come around and realized that nuclear power is a much better alternative to what we are currently relying on.

The next thing is why Edwards has lost my vote; "Lobbyists" are not one homogenious group of people who fit nicely into a box. Many organizations that support progressive policies hire lobbyists, and the vast majority of lobbyists do not play by Jack Abramoff's rules. Edwards rehetorical will make Lobbyists be to the Democrats what "Terrorists" are to republicans.

I'm really beginning to wonder if Edwards is the same person who once served in the Senate, because the candidate on the trail has clearly lost any idea of how politics in the nation's capital get done. If he wants to shut lobbyists out of the process, then he better have a plan for tripling the number of aides for Congressman and Senators, because they simply lack the expertise needed on many detail intense topics, such as, tax rates for Hedge fund managers.

And lastly, was this a Candidate Diary? Certainly read like one.

by bjschmid 2007-09-11 09:51AM | 0 recs
Re: Welcome to the Beginning of the Race

Yeah without the expertise of lobbyists, DC wouldn't work.

by david mizner 2007-09-11 10:13AM | 0 recs
Re: Welcome to the Beginning of the Race

Your post is bizzare.

by bruh21 2007-09-11 08:21PM | 0 recs
Wonderful Diary!

Thanks for putting it together!

Edwards is the candidate of Hope! No doubt about it.

by dk2 2007-09-11 09:59AM | 0 recs
Re: Welcome to the Beginning of the Race

Great stuff David.   I'd cut out the part about "lead an effort to rid the world of nuclear weapons," but other than that -- dead on.

Yeah, any real poll right now would be

Clinton: 15
Obama: 12
Edwards: 7
Other: 3
Undecided: 63

by philgoblue 2007-09-11 10:07AM | 0 recs
Re: The Book

Looks like some good reviews! Congrats.

by philgoblue 2007-09-11 10:11AM | 0 recs
Great diary David!

Love that little possible stump speech for Edwards. Hope his campaign picks it up.

by cosbo 2007-09-11 10:26AM | 0 recs
Re: Welcome to the Beginning of the Race

What specifically are you referring to when you cite Obama's support of "atrocious tort reform"? The only thing I'm aware of is his vote for the Class Action Fairness Act, which is perfectly reasonable legislation. Significantly, this legislation doesn't affect the substantive rights of plaintiffs or class members. It just makes some jurisdictional changes and provides limitations on how attorneys' fees are calculated. I don't see anything bad about that bill. In fact, I would say that it is good legislation (just because plaintiffs' attorneys opposed it and corporations supported it doesn't make it bad.)

Here's a good article about CAFA that might help folks understand how it has actually improved class action litigation.

http://www.law.com/jsp/article.jsp?id=11 79944585528

In general, though, good diary.

by DPW 2007-09-11 11:02AM | 0 recs
by clarkent 2007-09-11 11:14AM | 0 recs
Re: Welcome to the Beginning of the Race

I read the link, and it doesn't offer the stinging indictment of CAFA the headline suggests. In fact, only one of the arguments against it has any force, namely, the fact that it will overburden federal courts. That is probably true. However, state court dockets are, on average, for more overburdened than federal courts. Due to the caseload of most state courts, the judges do not have the time to give class certification the necessary scrutiny.

I would propose (as Rehnquist does in the piece you link) more federal judgeships.

Some of the other arguments amount to little more than "Corporations love this bill!, so it must be bad." Other criticisms relate to state courts' greater ability to deal with local issues (which may be the focus in certain class action suits). However, CAFA specifically requires federal courts to remand the action to state court where the action is localized within one state.

Again, I stand behind my original comment that this is good legislation, on the whole. I primarily believe that because I don't have nearly as much faith in state courts as I do federal courts. Federal judges, and their talented clerks, just tend to be more thorough and deliberative.

by DPW 2007-09-11 11:30AM | 0 recs
Re: Welcome to the Beginning of the Race

Here's who else opposed that bill, which made it much harder for plaintiff to get justice.

Leadership Conference on Civil Rights
ADA Watch/National Coalition for Disability Rights
AFL-CIO
Alliance for Justice
American Association of University Women
American Civil Liberties Union
American Federation of State, County and Municipal Employees
American-Arab Anti-Discrimination Committee
Americans for Democratic Action
Bazelon Center for Mental Health Law
Center for Women Policy Studies
Commission on Social Action of Reform Judaism
Disability Rights Education and Defense Fund
Federally Employed Women
Jewish Labor Committee
Lawyers' Committee for Civil Rights Under Law
Mexican American Legal Defense and Educational Fund
NAACP Legal Defense and Educational Fund
National Alliance of Postal and Federal Employees
National Association for the Advancement of Colored People
National Association for Equal Opportunity in Higher Ed
National Bar Association
National Center on Poverty Law
National Coalition on Black Civic Participation
National Committee on Pay Equity
National Employment Lawyers Association
National Fair Housing Alliance
National Legal Aid and Defender Association
National Organization for Women
National Partnership for Women and Families
National Women's Law Center
NOW Legal Defense and Education Fund
People For the American Way
Project Equality
Religious Coalition for Reproductive Choice
Sierra Club
UNITE!
United Food and Commercial Workers International Union
United Steelworkers of America
Women Employed

http://www.aclu.org/rightsofthepoor/gen/ 13468leg20030916.html

by david mizner 2007-09-11 12:46PM | 0 recs
Re: Welcome to the Beginning of the Race

But, what specifically is bad about the actual legislation? I don't care what special interest groups opposed it. I can think for myself. And, I've been on both sides of class action litigation (as an attorney), so I think I have a fair view of the matters addressed by CAFA.

by DPW 2007-09-11 12:56PM | 0 recs
Re: Welcome to the Beginning of the Race

I'm an attorney too, and I am usually on the defense side.  I have used CAFA to gt into a friendlier jurisdiction.  Federal pleading requirements are far more stringent, especially after the recent Twombley decision of the Supreme Court, and federal juries are drawn from a wider base, and are therefore less likely to be persons in the plaintiffs' community.

Federal courts are also currently stocked with republican appointees.  So there's that.

by DrFrankLives 2007-09-11 01:07PM | 0 recs
Re: Welcome to the Beginning of the Race

Thanks for the reply. Federal pleading requirement may be more strict, but they aren't really difficult to satisfy. The jury pool is wider, but I don't see how that leads to less fairness to the plaintiff. Finally, although there are perhaps more republican appointees currently sitting on the courts, defendants preferred federal court far before that was the case. Moreover, in my experience with federal judges, the source of their appointment is not all that indicative of how they will rule on issues. To begin with, trial judges are not very political appointments. Secondly, these judges have life tenure and are not accountable to the political will of anyone. State trial judges, on the other hand, do not enjoy life tenure and are subject to political pressure.

by DPW 2007-09-11 01:41PM | 0 recs
State judges are elected

They are much more unlikely to dispose of a case on summary judgment or motion to dismiss than a Federal judge who doesn't give a flip what the local newspaper says.

by DrFrankLives 2007-09-11 04:25PM | 0 recs
Re: State judges are elected

I agree, although I don't think it has much to do with the local newspaper. Motions for Summary judgment and failure to state a claim are serious rulings and shouldn't be made without appropriate research and consideration. State judges have more crowded dockets and, accordingly, can't devote the necessary attention. However, I see state judges far more likely to grant directed verdict (which is essentially the same thing as summary judgment) at the trial stage.

In this case we're talking about class certification, which also requires serious attention and consideration. Once a class is certified, as I'm sure you know, the plaintiffs have enormous amounts of leverage to pressure a settlement--due to the substantial costs of defending against most class action suits. As a result, the issue of class certification is often the most important legal issue in clas action litigation--as a practical matters--and courts should only grant class certification where it is clearly warranted (especially where the amount in controversy is greater than $5 million, which are the only cases affected by CAFA). As I've said before, I think federal judges are better equipped to make this judgment, and they certainly aren't more poorly equipped.
 

by DPW 2007-09-11 06:49PM | 0 recs
Which is exactly

why Bush and friends were so eager to pass this legislation.

by david mizner 2007-09-11 02:49PM | 0 recs
Pretty simple

It's no secret that the federal judiciary, packed with GOP appointees, is much much more pro-business, which is why corporations spent so much time and money fighting to pass it.

by david mizner 2007-09-11 02:59PM | 0 recs
Re: Pretty simple

This is an incredibly simple way of looking at things. I clerked for a federal judge, and it doesn't work like that.

by DPW 2007-09-11 05:34PM | 0 recs
Re: Pretty simple

Doesn't work like what? Are you seriously saying that the GOP hasn't stacked the federal courts to influence outcomes?

by bruh21 2007-09-11 08:23PM | 0 recs
Re: Pretty simple

I was objecting to the implication that judges make decision from a simple frame of mind such as "pro-business" or something similar. This is especially the case at the trial court level. First of all, district court appointments are not nearly as political as appellate court appointments. In fact, the president usually knows almost nothing about those appointments. For instance, I clerked for a Clinton appointee who was actually rather conservative politically (economically conservative; socially, he was more middle-of-the-road). More importantly, in my experience, he was invariably fair and thoughtful about issues before the court. It certainly never seemed to me like he was hostile to plaintiffs or friendly to corporate defendants. This impression is shared by friends of mine who have also clerked for federal district judges. So, I take a little offense at remarks that suggest judges are "pro-business" or under noticeable influence of some other bias.

Admittedly, it's a little different with appellate court judges. These appointments are more deliberately political, as these judges tend to hand down more political significant decisions (Circuit court judges can only be overturned by the Sup. Ct., which only reviews a small portion of lower court decisions). But, with district court judges, the suggestion that they make knee-jerk decisions in favor of defendants is absurd.

Some judges are better than others, of course, but most federal judges have struck me are much more deliberative and less predictable than state court judges.

by DPW 2007-09-11 09:20PM | 0 recs
Re: Pretty simple

I am attorney. I know enough about the courts to know that nearly everything you say can be manipulated, and hence what people are talking about here, like summary judgment, etc is absolutely the way if someone wants to manipulate the process to be for certain classes- ie, say management in companies versus stockholders- this is the way they do it.

by bruh21 2007-09-11 09:40PM | 0 recs
Re: Pretty simple

for example- summary judgment- if you have packed the courts at the appelate level, then it doesn't much matter that the district court judge is sweet and innoncent. he or she will have to follow precedent set about what is the law regarding summary judgement over a particular issue.

by bruh21 2007-09-11 09:42PM | 0 recs
Re: Welcome to the Beginning of the Race

Just to add to my comment above, how does CAFA make it harder for plaintiffs to get justice? Are you saying that federal judges are more likely to reach unjust results? If so, please provide something to substantiate that.

by DPW 2007-09-11 12:59PM | 0 recs
Re: Welcome to the Beginning of the Race

I should reiterate my long-standing point that, barring a major gaffe, Obama/Edwards/whoever need to start with the negative campaigning and drive up Hillary Clinton's unfavorables among Democrats to win.

by Anthony de Jesus 2007-09-11 11:47AM | 0 recs
Tricky

Primary voters, especially in Iowa and New Hampshire don't like the dirty stuff.  Plus the losers all have to go back to their friends and colleagues in D.C., many of them who they currently share with the winner.

Obama being the baby in the group also probably would want his image clean so as not to effect another run.

The only person I see as getting desperate is Edwards.  This is his last shot.  

by dpANDREWS 2007-09-11 12:23PM | 0 recs
Re: Tricky

Obama should use surrogates to do his dirty work and Edwards should use his wife to unleash some bombs.

I really think that to have a chance Obama needs to run a campaign that fights hard enough that HRC may not want him as a running mate if she wins.  Edwards will seem like a dope if he takes the consolation prize two elections in a row, so its not his concern.

by Anthony de Jesus 2007-09-11 03:09PM | 0 recs
Obama is not going to be Hillary's mate

That simply is not in the cards.  Retards on the right keep talking about that ticket.  It ain't gonna happen.  We will be looking at a Gov. from the midwest or west most likely.

by dpANDREWS 2007-09-11 03:15PM | 0 recs
Re: Welcome to the

"She says you bring change by working within the system established by the Constitution. I think the system has been corrupted by corporate powers never contemplated by the Constitution. This is not the government of, by and for the people that our founding fathers intended. "

The never contemplated by the constitution might not work to Edwards' advantage. Lots of people feel that the Constitution has risen, and will rise up to any challenge thrown at it.  Suggesting that there is a problem SO GIGANTIC that the constitution will be ineffective is a major thing to say, and quite frankly, incorrect.

by sepulvedaj3 2007-09-11 01:03PM | 0 recs

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