Jon Bruning: A Man Lost to His Own Ambition

In September 2005, I wrote a glowing piece thanking Nebraska Attorney General Jon Bruning for his principled, common sense demand that Nebraska politicians reawaken to the value of mercy in the exercise of their pardon and commutation powers. At the time, the Lincoln Journal-Star reported:

Sometimes the get-tough attitude on crime should be tempered by mercy, Attorney General Jon Bruning said during an unsuccessful attempt Wednesday to get an inmate’s life sentence reduced.

Bruning failed to persuade the other Pardons Board members — Secretary of State John Gale and Gov. Dave Heineman — to give a second chance to a man sentenced when he was 18 to life without parole for his role in a murder.

Bruning admitted this stand could jeopardize his own re-election bid. “We are continually trying to get ourselves re-elected by trying to be tougher than the next guy,” Bruning said. “And at some point, it’s got to end”....

With the 2-1 decision, the Pardons Board continued its 14-year record of denying requests to commute life sentences. But the decision sparked a passionate debate on being tough on crime.

Bruning pointed out that, historically, the state Pardons Board commuted life sentences several times a year until the early 1990s. And Bruning admitted his own get-tough record. “I’ve been so tough on crime, it makes me want to throw up sometimes,” he said.

But there is a time to consider mercy, he noted. Bruning said he was willing to commute this sentence “at my own political peril”....

“It’s the voice of the people driving this issue of law and order,” Gale said.

“It’s the voice of politicians who are trying to get re-elected,” Bruning said.

How right Bruning was. Unfortunately, today Bruning betrayed every principle and every truth he spoke by letting his ambition to run for higher office in 2008 guide his taking action that would have made him "want to throw up" less than two years ago.

Tuesday's Lincoln Journal-Star reports:

The three-member Board of Pardons refused 2-1 to commute the life sentence of a man who has spent 29 years in prisons for the death of a retired postal worker. The decision means Reginald Bennett has no chance to be paroled out of prison....

Gov. Dave Heineman and Attorney General Jon Bruning said Bennett’s case was not extraordinary enough to merit commutation....

Bruning...pointed to Bennett’s decision three decades ago to follow his attorney’s advice and reject the plea agreement. “Ultimately I’m not sure the system failed him. He could have taken the deal,” Bruning said.

Bruning also pointed to death penalty opponents, who say the state should do away with the death penalty because “life means life.” But a decision to commute a life sentence “is proof that life doesn’t mean life,” he said.

In addition, approving one commutation would open a flood gate for the 200 people in Nebraska’s prison system with life sentences, Bruning said.

“If we open the gate, it is going to be very difficult to say no to anyone. So do we want to open the gate?”....

Only Secretary of State John Gale said he believed Bennett’s case was one of the exceptions....

Gale pointed to Bennett’s record in prison, his lack of a previous criminal record, the fact he called for an ambulance and stayed with the victim until it arrived, and his strong family and church support and his record in the prison.

“I think this is one of those rare cases that deserves an opportunity for commutation.”

What changed between 2005 and 2007? Only Jon Bruning's taste for power. What a shameless and pathetic son of a bitch. Here, Bruning finally had the opportunity to prove that he stood for something - ANYTHING - more than Jon Bruning. This is a pretty clear demonstration that he's forsaken conscience and humanity for his own ego and ambition.

Did Bruning ever care about the value of mercy? Was ever really willing to take the right action at his own "political peril"? I suppose it doesn't matter now. He got his headlines at the time. Maybe that was all he ever wanted.

Bruning can fabricate whatever justification he wants - a 30 year-old plea bargain rejected by a 21 year-old kid, "life means life", opening the flood gates - but it's hard to imagine a worse load of complete bullshit.

I don't often use such harsh language on the site, but I don't know any other way to convey the full degree of my outrage at this sinful, unforgivable hypocrisy. It is sad enough that Nebraskans have elected three straight governors like Heineman who have let politics trump compassion for 16 years. But, Bruning has brought this ongoing controversy to a new low - pandering to our worst instincts in violation of that which he knows is right.

These other politicians? Maybe they really don't know better. Maybe they really do believe that being blindly tough on crime serves the public interest. Maybe they really do believe that there's no place for mercy and rehabilitation in our criminal justice system.

Jon Bruning, though, does know better. He's gone on record saying so. And, that makes his action all the more shameful and all the more sinful.

Below is a picture of Reginald Bennet's mother responding to Bruning's unsurprising flip-flop that decided her son's fate. She may be alone in her tears, but her loss is our loss - a blow to everything that is good and right about Nebraska and its people, who are better than this and deserve better from their elected officials.

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Chuck Hagel: Casualty of War?

Sen. Chuck Hagel made some enlightening remarks in today's Lincoln Journal-Star that might just be the best indicator yet of where he's at mentally and emotionally looking at the 2008 elections:

Hagel said he willingly accepts whatever political price he may be asked to pay for opposing a president of his own party on the war.

“A senior statewide Republican politician berates me now around this state on Iraq and immigration,” Hagel noted.

Attorney General Jon Bruning already has entered the 2008 GOP race for Hagel’s Senate seat. Hagel said he still has not decided whether he’ll seek re-election to a third term.

“I may be a political casualty before people figure this out,” Hagel said. “I’m prepared to take that risk. I accept that. I couldn’t do it any other way.

“Your career could be ended,” he said. “But you’re here to do what you think is right.”

Hagel hasn’t ruled out the thought of a 2008 presidential bid. “Is there a place I could fit in nationally where I could make a difference,” he wondered, “maybe even be elected president?”....

No matter what he decides to do, Hagel said, he will not withdraw from the policy arena. “Whatever I do, I want to continue to have the opportunity to influence the world and the outcome of policy,” Hagel said. “That does not have to be within politics, as Bob Kerrey and others have demonstrated.”

Berated by Bruning. Still imagining the presidency. Ready to follow Bob Kerrey's footsteps, perhaps even trading places (Hagel's not heading into Academia, but you know what I mean).

As for Hagel's willingness to be martyred by the Republican Party over the Iraq War, it's impossible to know whether that's a genuine stand on principle or a calculated political risk, but it sure is a refreshing contrast from the silence of our Republican Congressmen and Bruning's pandering to the far right-wing.

If President Bush doesn’t change policy in Iraq, the Congress will force change through its appropriations power this autumn, Sen. Chuck Hagel said...

“The American people have left Bush on this,” Hagel said, “and many Republicans will not stay with him now” if he doesn’t change course.

“The political reality is coming down the track, and my Republican colleagues know it.”

On Iraq, the time of reckoning is at hand. Chuck Hagel knows it and hasn't been afraid to say so. The question is whether his fellow Republicans - especially those in his home state - have any real understanding of what's truly at stake, or are they so sheltered in their partisan bubble that even after 50 months they're still incapable of acknowledging this war for the disaster that it is.

And, for Nebraska's purposes, here's maybe the most interesting question of them all - just when Republicans seem ready to break from Bush on Iraq, does Jon Bruning really believe he can position himself for a Senate seat by riding Bush's tattered, lame-duck coattails straight into 'stay the course'-oblivion? When the tide has already turned, does Bruning really think it smart to condemn Hagel and make an enemy of him for having had both eyes open and daring to speak the truth?

Of course, this is Nebraska. Maybe the real question is just how far removed from reality and lost to their partisanship our average Republican voter truly is. For that answer, the coming months will be most telling as the fall approaches and our empty suit Congressmen meekly position themselves on the most important issue of our day.

What will our Timid Trio of Lee Terry, Jeff Fortenberry, and Adrian Smith have to say? How will their supporters respond? How will the rest of Nebraska respond? The time is now to stand up and be heard - to force the change of course that Hagel predicts. Where is the pressure? Where is the outrage? With these Congressmen, do we really expect them to take the initiative? Have we given up on reaching them? If so, have we given up on beating them? Or - despite all the polling data - at the end of the day, do we really just not care what happens in Iraq?

If so, the true casualty of this war will be a far more tragic loss than Hagel's political career but rather the loss of our faith in the character of the American people and the genius of democracy.

Have a safe and happy Independence Day tomorrow. Celebrate that patriotic spirit. Then, live it, and - by doing so - earn it.

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Bruning Cashes In as Hagel Considers His Options

From the Associated Press:

Nebraska Attorney General Jon Bruning said Monday that he had raised $721,200 by the end of June to prepare for a possible campaign against incumbent U.S. Sen. Chuck Hagel.

Bruning’s campaign said more than 80 percent of those donations came from Nebraskans, including a few prominent donors like legendary Nebraska football coach Tom Osborne and billionaire Walter Scott, retired CEO of Omaha construction giant Peter Kiewit Sons’ Inc.....

Bruning’s campaign released preliminary fundraising figures on Monday even though his quarterly report to the Federal Election Commission isn’t due until July 16....

Hagel has said that he will make an announcement about his political future later this year.

Hagel’s political director, Kevin Chapman, said Monday the campaign won’t report its fundraising figures until the deadline, “but we’ll be well beyond $700,000.”

There's no doubt about it - that's a hefty chunk of change Bruning has managed for himself, quite impressive indeed if major Republican donors are still under the impression that Hagel might actually run for re-election.

Still no word on how much Omaha businessman and Bruning Campaign Finance Chair David Sokol has given to each candidate after last month's leak of Sokol's letter on personal stationary promising Hagel his financial support on whatever course he decides. More even than the somewhat dubious claim that Hagel's fundraising figures will be "well beyond $700,000," this silly little anecdote in the early days of the 2008 campaign is all the illusration one needs of Hagel's desperation and lack of confidence at the prospect of a Bruning challenge.

Although some are claiming quite assuredly that Hagel will not be running for re-election, my own not-particularly-insightful reading of the situation suggests he hasn't yet made up his mind what he's going to do. Rather, I suspect Hagel is keeping those cards close to his vest and his ear close to the ground still looking for the angle that best serves his interests and his ambitions (in his mind, probably even his country).

Rest assured, none of these options include getting beat by Bruning in a primary battle, but Hagel might be forced to commit earlier than he'd anticipated just to keep a potential Hagel-free race with Bruning competitive....unless plans are already in place for former Gov. Mike Johanns to step in and assume control of "the Hagel faction" in a seamless transition. In fact, it wouldn't surprise if Johanns had privately committed to deferring to Hagel's decision and, at our most fantastical, perhaps even waiting in the wings to assume a Senate appointment from Gov. Heineman should a jointly elected Senator and Vice President Hagel need to relinquish the former post.

Like it or not, Hagel is going to be a solid V.P. consideration for most any Republican candidate who gets the presidential nomination because of his singularly mainstream position on the Iraq War that would offer a near immediate balancing of the hardline stance each candidate is likely to maintain through the primaries. His actual combat experience and mostly undeserved reputation as a maverick would also likely be held assets to any of the potential Republican nominees.

If Hagel is angling for the V.P. slot, though, a high-profile primary challenge could alienate him even farther from the Republican base, making him a less attractive option. But, so too might Hagel's resigning himself to lame-duck status in the Senate if he foregos a re-election bid and just sits in the Senate with his fingers crossed hoping his prince shows up with his glass slipper. If Hagel looks like he was spooked away from the Senate by a primary challenger or like he's lost his drive for public service, his movement towards retirement could prove deadly to his own ambitions.

But, again, what the hell do I know. I'm just tossing hypotheticals out there. Honestly, what do you think?

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Jon Bruning: Stupid Is As Stupid Does

Desperate for all the media attention he can get, Attorney General Jon Bruning has resorted to tossing any pathetic and hypocritical complaint he can muster at sitting Senator Chuck Hagel to boost his declared challenge for Hagel's seat in 2008. There's just one problem - along with the kitchen sink, Bruning has already tossed out all logic and principle.

See for yourself, as reported in the Lincoln Journal-Star:

Attorney General Jon Bruning criticized Sen. Chuck Hagel Tuesday for his vote to revive comprehensive immigration reform legislation.

“Unfortunately, Chuck Hagel’s vote gives new life to a bill that the people of this country have soundly rejected,” said Bruning, a 2008 Republican candidate for Hagel’s Senate seat.

Hagel, a Republican, has not yet announced whether he will seek re-election next year.

Bruning said he supports improved border security and opposes any proposal that would grant amnesty to the estimated 12 million illegal immigrants already living in the United States.

Hagel was one of 24 Republicans who voted to revive the immigration issue.

Nebraska’s Democratic senator, Ben Nelson, also voted with the majority on a 64-35 vote.

Now, here are the absurdities and inconsistencies that don't get reported in Bruning's cry for relevance:

(1) Jon Bruning is criticizing Hagel for merely re-opening debate. That's a world apart from voting for the legislation's final passsage. For instance, Ben Nelson also voted to re-open debate but there seems to be zero possibility of his voting for this legislation in its current form.

(2) Jon Bruning has built his young campaign on being more loyal to President George W. Bush than Chuck Hagel has been. Yet, Bush has declared that those who opppose building a comprehensive compromise on immigration "don't want to do what's right for America." Immigration reform is probably Bush's last chance at a legacy not wholly tainted by his mangling of the Iraq War and America's stature around the world, and Bruning has abandoned his President on the issue just to score political points with the most rabid fringe element of the Republican base.

(3) Jon Bruning declares "the people of this country have soundly rejected" comprehensive immigration reform - except he couldn't be further from the truth. Polling numbers show that the American public overwhelmingly supports a pathway to citizenship for undocumented immigrants already in the country - the so-called "AMNESTY" Bruning opposes and about which we hear so much fear-mongering. If Bruning is looking for an issue "the people...have soundly rejected," he should look to our current policy in Iraq. But, for some reason, there he doesn't seem to care what the American people (or the majority of Nebraskans) think.

Jon Bruning - he's flying blind with nothing to guide him but his own ambition. I hope he keeps it up. If so, we're in for some very amusing and very pathetic moments of pure pettiness and political pandering in the months ahead.


[**Update, 1:30 pm - On today's vote for cloture, Hagel supported putting the above legislation to a final vote. Nelson was on the prevailing side in opposition, likely killing comprehensive immigration reform until after the 2008 elections. Hopefully, the debate over sane and reasonable border security measures will continue and find greater success, so we can eventually move forward with comprehensive reform that finally respects the plight of those in our midst stuck in a sorry state of legal limbo.**]

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Bruning Goes National

Sorry this post is so late, but having recently ditched my daily dose of conservative radio for some good ‘ole classic rock, I missed Jon Bruning’s appearance on the Laura Ingraham show and had to wait for the podcast. It took a couple of days. And no, it wasn’t worth it.

Begging for a caption contest?

A repetition of Bruning’s standard strikes against Hagel (his stance on immigration, his position on Iraq), the interview is notable only because someone was talking about Chuck Hagel on a national news talk show, and this time it wasn’t Chuck Hagel.

Personally, I’m skeptical that conservative weariness of the Sunday Morning “Hagel Show” has produced any real appetite for Bruning’s “Anti-Hagel Show”. Bruning could’ve brought this campaign (and the issues of the day) out of the long shadow cast by Hagel’s ego and public image. Failing to take that opportunity makes him vulnerable to the same impatience and fatigue that’s slowly sinking the Senator.

And then what happens if Hagel decides to jump ship? Does Bruning really want to be the only person left in the race that still thinks it’s “all about Chuck”? Hey, that’s the bed he’s made. I hope it’s comfortable.

Bruning’s early and persistent attacks on Hagel have earned him the endorsement of the conservative RedState bloggers, an item that apparently impressed the people over at jonbruning.com. It’s not clear this endorsement means anything substantively, but rhetorically it has given weight to progressive blogger’s claims that this race has become a sort of Lieberman-Lamont in reverse, or one part of an even larger movement to eliminate anti-war dissent in the national Republican ranks.

It’s a good story, but one that seems a tad over-sold. Yes, this is a primary battle based almost entirely on the single issue of Iraq. And yes, the Lieberman story was portrayed unfairly as some unprincipled purge of Democratic dissent, a charge this story has somehow managed to escape.

The difference is that liberal bloggers were way ahead of the Conneticut Primary, actively seeking a liberal challenger long before Lamont expressed any interest. The conservative bloggers in this case are Johnny-come-latelys, activists seeking to capitalize on a homegrown fight that’s dominated by ego and personality.

But ego and personality only go so far. This story might continue to grow in national prominence as Hagel slugs back and Bruning finds new lines of attack. But it’s a story we Nebraskans have heard before, one we’ve heard maybe one time too many. And, believe me, it doesn’t end well for either candidate.

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A Sad Day for Nebraska Blogs

Leavenworth Street Embraces A New Low in Local Online Politics

Today is a very important day for blogging in Nebraska. I would propose that it is a sad day as well. Although sites such as SmithWatch, Paging Power, Leavenworth Street, the UNO Democrats Blog, and New Nebraska Network each have their respective political agendas, they have always seemed works of passion, reflecting on who their contributors are and what they honestly believe.

But, our Republican counterpart at Leavenworth Street has changed all that with the anonymous Street Sweeper's allowing his site to be used as a tool of shameless, outright political manipulation. Some might contend that Leavenworth has always been such a tool, but - in our own way - the same could have been said of the other sites mentioned above as well (including NNN).

That changed today. With no pretense of fairness, objectivity or public service - without even the author's identity that there might be some measure of personal accountability - Street Sweeper has crossed a line from which I fear there will be no turning back. The world of online Nebraska politics just got ugly, folks, and that ugliness is probably here to stay.

Below, you see a personal note published this morning at Leavenworth Street. It is from homegrown corporate giant David Sokol - CEO of MidAmerican Energy - to U.S. Senator Chuck Hagel, expressing Sokol's continued support of Hagel in whatever decision he might make for his future political career.

With Sokol having allied himself with upstart Hagel challenger Jon Bruning - not only paying for Bruning's statewide opinion polling but also recently announced as the Bruning campaign's Finace Chair - the above note might seem a statement of outright hypocrisy that would be relevant to interested political observers. But, this is politics, and a careful reading of Sokol's qualified statement reveals only continued support and "friendship" for Hagel, along with a promise of future contributions. The note does not swear any particular allegiance or fidelity to Hagel that would preclude Sokol's pursuing other options and lending his support to other potential candidates.

Regardless, I don't really care who some Omaha multi-millionaire is hedging his bets with in the 2008 Republican primary. Sokol isn't an elected official. He's a guy with money, and he should be able to do with it whatever he damn well pleases within the confines of the law. If there's some suggestion of corruption here, there's a story to be told. But, if Sokol just wants to play games with Hagel and Bruning - pretending to be buddies with both while playing one against the other in the real world of electoral politics, it's hard to see how that justifies turning the tables on a private citizen in so public a forum with no concern for the principles at stake.

Here's what's probably most disturbing - this correspondence could only have come from Sokol's people or Hagel's. And, considering the tone of Leavenworth's commentary and the site's history of publishing inside information directly from the Hagel camp, it looks to definitely have come from the latter. In fact, Street Sweeper might very well be a paid Hagel lackey.

In my mind, release of this note can only really serve two possible functions - (a) embarrassing Bruning for over-stating Sokol's support or (b) reminding Sokol that politics is a two-way street and that an experienced politician in a free fall makes for a very dangerous enemy. In either event, this is a leaked document that is strictly private in nature. By publishing it, Leavenworth Street has gone beyond the pale. This article is nothing more than an instance of raw political manuevering, making a private citizen a pawn of an anonymous blogger's (not-so) hidden political agenda.

Of course, Leavenworth Street has always been suspect. Despite its first introducing itself as a site for humorous, middle-of-the-road, independent political commentary, it was obvious from the start that Street Sweeper only took the part about being funny seriously. Other than that, the site has proven itself little more than an occasionally amusing online weapon of Nebraska's Republican establishment.

But, no matter how ugly things have gotten in the Nebraska GOP, no matter how quickly, this latest post simply goes too far. Leavenworth has gone beyond the free-for-all world of politics with an attack on a local business leader's integrity that is very, very personal. For this, I don't feel much sympathy for Mr. Sokol, but I am very worried by the precedent it sets across the spectrum of Nebraska politics.

When this sort of private correspondence is fair game for leaking to local bloggers who are without principle and accountable to no one, there is no logical end to the ugliness and stupidity that will eventually result. This day has been a long time coming. From this point forward, I'm afraid we are likely to see more of the same - even if I expect it to be quite amusing should two powerful factions of the Nebraska Republican Party engage in the full-on, open warfare that seems to be developing.

Their loss could be our gain. What troubles me is the just-as-likely scenario in which, quite simply, we all lose.

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Chuck Hagel vs. Jon Bruning: Guns a'Blazing

ROUND 3

Nebraska Attorney General Jon Bruning took the big step today of offically announcing his candidacy for the U.S. Senate seat currently held by two-term Republican incumbent Chuck Hagel.

This move has, of course, been expected for some time. Although it was only March when Bruning declared himself "a Hagel guy" who would only run if Nebraska's senior senator decided not to seek a third term, Bruning has since become convinced that it's time to go for the Nebraska Republican Party's king-maker.

What's probably most surprising is how upfront Bruning has been with his accusations of apostasy. In Thursday's press conference, Bruning used every angle he had to portay Hagel as out of touch with Nebraska and as a traitor to his party and president at a time of war.

This went above and beyond attacking Hagel's half-hearted impeachment talk and his siding with the Democratic Party in opposing Bush's "stay the course" rhetoric and escalation of the war in Iraq. Bruning actually accused the sitting Republican Senator of being a carpetbagger from Virginia more interested in making a name for himself on TV than serving the people of Nebraska. He also went after Hagel for talking about an independent bid for the Presidency as yet another betrayal of the Republican Party.

When challenged with Congressional Quarterly's report that Hagel was more loyal to Bush's agenda than any other Senator in the country in 2006, Bruning bet the questioner "a nickel" that no such report existed. Besides owing that reporter a nickel and looking a bit unprepared and ignorant about Hagel's actual record, Bruning was still able to save some face with the suggestion to “Call the White House and ask them how they feel about Senator Hagel.” Considering the Bush Administration's vindictiveness and Vice President Dick Cheney's outright denunciation of Hagel, it's hard to believe there isn't some behind the scenes support for an anti-Hagel insurgency here in Nebraska (which Bruning appears to have tried tapping with a fundraising trip to New York last weekend).

Considering that Hagel's 1996 Senate victory is rightfully understood as the foundation on which Nebraska Republicans built their position of outright dominance in Nebraska politics, Bruning comes across quite like Robespierre declaring "Louis must die, so that the country may live." (i.e. "Hagel must fall, so that the party may live.")

If history is any indicator, Bruning might just get his way. . . but he's also likely to get his soon thereafter.

It would be one thing for Bruning to have announced that he couldn't wait any longer for Hagel to make up his mind. . . that he's running because it's his time, he's the best candidate for the office, and refuses to be constrained to decisions and time tables outside his control.

Rather than that more respectful approach that would have allowed Hagel to walk away from this race with his dignity intact, Bruning made quite clear today that - besides his own out-sized ego - this campaign is mostly about getting rid of Hagel. Bruning could have left Hagel an out but has instead chosen to define himself as "the anti-Hagel," essentially slapping Hagel in the face and daring him to do something about it.

This might appear to back Hagel into a corner but one can't help wondering if it isn't truly a reflection of the corner into which Bruning had already been backed. Whether or not Hagel was going to seek re-election, the institutional, inner-party forces at his disposal were likely going to work against Bruning and for another candidate no matter what.

In essence, every bit of influence Hagel has (most importantly, that behind the scenes) was probably going to someone who wasn't Jon Bruning. I suspect Bruning realized that and is now taking Hagel on and making him the issue not just as an attention-grabbing strategy but also as a matter of his own political survival. What's impossible to know is whether division in the Nebraska Republican Party made this conflict inevitable (with Bruning permanently wait-listed to make the next step) or whether Bruning's raw ambition simply wouldn't allow him to wait his turn any longer.

An intriguing dynamic any way you look at it. For now, this is a two-man race. But, we don't know if it's Jon Bruning vs. Chuck Hagel or Jon Bruning vs. himself. Bruning is trying very hard to make this a race about Hagel in hopes that Hagel's perceived weakness will play to his benefit whether or not Hagel ever appears on the 2008 ballot.

As Hagel and his people are concerned, Bruning's is pretty much a scorched earth strategy, which suggests divisions in the Nebraska Republican Party even greater than we might have previously imagined. Either that or Bruning just doesn't have the agenda to back up his ambitions and plans to win this race on negativity and personal attacks.

After attacking Hagel with every weapon he had, this latter possibility became especially evident in the delight Bruning showed at suggestion of a general election showdown with potential Democratic candidate and former two-term U.S Senator Bob Kerrey. With perversely little concern for winning an election based on ideas, Bruning's campaign strategy was succinctly revealed in his confidently dismissing Kerrey as "so easy to assail."

For now, Bruning gets points for going on the offensive with such reckless abandon. But, it's very, very early, and there's a lot of fight left - not to mention plenty of other potential challengers waiting in the wings.

Scorecard Through Three Rounds
Jon Bruning 09 - 10 - 10
Chuck Hagel 10 - 09 - 09

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Hal Daub Running Against Hal Daub

Pretty surprising for a former Congressman and mayor of the state's largest city, but the biggest question Hal Daub faced in his sorta/kinda announcement for the Senate today was that of relevance: in a race filled (or, potentially filled) with giants and rising stars like Chuck Hagel, Mike Johanns and Jon Bruning, does Hal Daub even matter any more?

To Daub's credit, the answer he provided was "yes... probably." A rather small victory, really, but a victory nonetheless.

It is really difficult to overestimate the problems plaguing Daub's Senate candidacy: he's already run, and lost, twice. He lost the last election he ever participated in... an election localized entirely in what should be his political base of support. He's well-known but not well-liked.

And these are not wounds that heal merely with the passage of time. You might recall Bruning's poll late last month that found Daub with an underwhelming 39-18 favorable/unfavorable rating despite 83% total name recognition. No wonder Bruning has a commanding 55-16 lead over Daub in a head-to-head matchup (including a 57-25% lead in District 2, which Bruning's pollster helpfully reminds us "should be Daub's natural base of support". Ouch.)

So what's Daub's strategy? Hunker down, grab a fistful of mud and start slinging, just like the good 'ole days?

Nope... apparently not. Looks like Daub's playing it cool this time, and taking the opportunity to label Jon Bruning the real "Hal Daub" of this race.

Think about it. He's refusing to attack Bruning or Hagel or any other candidate, pledging himself to be "respectful" in his treatment of the incumbent Senator (which is a lot more than you can say for Jon Bruning). He's even refusing to focus on his own policy preferences and proposals, stressing instead that he's dedicated to listening to what the people of all 93 counties think of the issues facing them.

This is not exactly the "my way or the highway" approach that resulted in such a contentious relationship between his administration and the city council. This is not exactly the same Hal Daub we know. Not in style, not in tone. Daub's got himself a new coat of paint, but there's doubtless still the same dirt-kicking, mud-slinging "bad boy of the GOP" under there, ticking away and just waiting to explode.

How long can it possibly last? Hmmm... let's give it another couple of months, or maybe until Hagel's final announcement. Then maybe we'll be treated to that most rare and spectacular of events: the contest to see which Republican can outslime and "out-Daub" the other.

The prophetic vision of Neal Obermeyer? As published in the Lincoln Journal Star.

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The World Herald's Big Lie

I really envy our neighbors in the Centennial State for enjoying the services of their very own Colorado Media Matters. For such a small state our press corps sure produces a lot of bullshit and our small (but growing) community of volunteer bloggers just isn't sufficient to keep up with it all. That said, I just couldn't let this editorial* in Saturday's Omaha World Herald go without comment:

Is the apparent end of Initiative 300 going to lead to hordes of corporate interests swooping into Nebraska, snatching up farmland and radically changing the economic dynamics long shaping the state's ag sector? Not likely.

David Aiken, an agricultural law specialist at the University of Nebraska-Lincoln, was on the mark in a Friday World-Herald article. In many cases, he said, the demise of I-300 would mean that changes in land ownership likely would involve family members wanting to form corporations or limited liability companies (LLCs) to protect their nonfarm assets.

As the article stated: "Most concerns about Initiative 300, Aiken said, were from family members who inherited farms and wanted to form LLCs."

Now, to be fair, the OWH doesn't get it all wrong here. Nebraska's corporate farming ban does restrict the ability of farmers to work their land under the protection of a limited liability corporation... unless that corporation is majority owned by family members who actually work on the farm. That is, family farmers are unaffected so long as the family controls just over 50% of the LLC. The World Herald's claim that such restrictions actually hurt small farmers is both dishonest and disgusting.

Mega-hog farms are another main concern of I-300 supporters. But that legitimate issue is addressed by another development that has arisen through the normal course of events: the adoption, in nearly every Nebraska county, of strict zoning rules against large-scale hog confinements.

That the OWH vocally supports county zoning regulations admirably puts them one step behind the corporate lobbyists they've stolen their rhetoric from, but their argument here is lacking. Zoning regulations help communities place large farming operations appropriately. I-300 serves a different purpose entirely; confronting the critical issue of liability by requiring investors to operate under the same tax rules as most farmers. That's called 'leveling the playing field', making sure our state's tax and legal codes are working for our family farmers, not against them.

Protecting rural American values means protecting rural America... it amazes me how many opinion makers and muckrakers refuse to make that connection. And Initiative 300 is rural Nebraska's first and greatest defense.

This last point was demonstrated dramatically in a 2002 study (PDF) that compared 433 counties classified as "agriculturally dependent" and concluded that counties in states with anti-corporate farming laws generally had "less families in poverty, lower unemployment and higher percentages of farms realizing cash gains". States with the most restrictive corporate farming laws -Nebraska included- fared even better in terms of cash gains and unemployment.

Essentially, the World Herald's argument that "Initiative 300 has proved a hindrance to Nebraska's farm economy" represents just another attempt to make Nebraska a better place to do business by making it a worse place to live. From a quality of life perspective, the merits of I-300 as public policy are undisputed.

As a matter of law, however, things look pretty bleak.

The Friends of the Constitution deserve a great measure of gratitude from all Nebraskans for their tireless defense of Initiative 300, and Attorney General Jon Bruning certainly deserves credit for exhausting all options for appeal. There appears to be little hope that the U.S. Supreme Court will reverse the lower courts' decision, but there may still be a chance to save Initiative 300 if only we can bring this fight to Congress.

The current legal battle revolves around the "Dormant Commerce Clause", which reserves for the federal government the exclusive right to regulate interstate commerce. However, established legal precedent suggests that Congress can elect to delegate this responsibility to the states, as it did in 1945 by granting states the right to regulate the insurance industry (see theMcCarran-Ferguson Act). Theoretically, Congress could pass a law delegating states the authority to regulate corporate ownership of farmland, and I-300 would be saved.

Considering the wealth of campaign contributions from big agribusiness and the vocal opposition of Chamber of Commerce lobbyists, there remains a pretty wide gulf between theory and practice. But I can't help noticing that six of the nine states with corporate farming bans have Senate races coming up in 2008 -Nebraska included. If we lobby this idea, if we really push it, we may just be able to offer our candidates and senators (from both parties) a fantastic opportunity to demonstrate just how deeply dedicated they are to "protecting rural American values".

*Unfortunately, this editorial does not appear to be available on the new version of omaha.com.

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More Jostling for Hagel's Senate Seat

It's an interesting if inevitable phenomenon: the more presidential Chuck Hagel sounds, the less senatorial his would-be successors seem.

In the wake of the Bush Administration's enormously unpopular decision to increase troop strength in Iraq, Hagel has assumed the role of soundbite king. And what soundbites they are! Hagel, who even in his personal life is reportedly obsessed with Iraq and its parallels to his own experience in Vietnam, deserves credit for couching his criticisms in plain but powerful moral language that should make any Democratic presidential hopeful envious. Though Senator Hagel deserves his "mock maverick" moniker, his introduction last week of a formal if non-binding resolution opposing a troop surge at least demonstrates that his "All Talk Express" is no longer limited to running circles around the Sunday morning talk shows.

Whether Hagel will take this message to the endless rounds of debates and forums that will define this presidential primary season remains to be seen (although recent reports that he's considering an independent run appear doubtful), but happily Omaha businessman David Sokol has seen fit to give us Nebraska political junkies a sneak peek at what a Hagel-less Senate race might look like. Shockingly, the results show none other than Sokol's good friend Attorney General Jon Bruning leading all comers for the 2008 Republican nomination.

Bruning -who easily breaks 50% in head-to-head match-ups with Senate losers Hal Daub and Pete Ricketts- has sought to solidify his lead by championing a bill which would make it a crime to send any e-mail that "uses or transmits any indecent, lewd, lascivious, or obscene language". Meanwhile, Bruning's most competitive opponents, Congressmen Lee Terry and Jeff Fortenberry (curiously, former Governor Mike Johanns was not polled) have been busy voting against raising the minimum wage, funding stem cell research and allowing Medicare to negotiate for lower prescription drug prices (although, to be fair, they really, really wanted to support these measures).

You and I know that Senator Hagel is not the great maverick and savior of his party that the national media sometimes portrays him to be. He's a very conservative and rather loyal Republican. But he's also a thoughtful public servant who's demonstrated a willingness to step outside of his party's "message box", to speak the truth of his own internal convictions. The history of Nebraska politics is rife with individuals possessing these rare and admirable qualities; the Nebraska Republican Party is not.

The challenge remains for the Democratic Party to prove that they have the right man for the job.

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