It was a fairy-tale political season for George W. Bush, and it
seemed like no one in the world noticed. Amid bombs in London,
bloodshed in Iraq, a missing blonde in Aruba and a scandal curling
up on the doorstep of Karl Rove, Bush's Republican Party quietly
celebrated a massacre on Capitol Hill. Two of the most long-awaited
legislative wet dreams of the Washington Insiders Club -- an energy
bill and a much-delayed highway bill -- breezed into law. One
mildly nervous evening was all it took to pass through the House
the Central American Free Trade Agreement (CAFTA), for years now a
primary strategic focus of the battle-in-Seattle activist scene.
And accompanied by scarcely a whimper from the Democratic
opposition, a second version of the notorious USA Patriot Act
passed triumphantly through both houses of Congress, with most of
the law being made permanent this time.
Bush's summer bills were extraordinary pieces of legislation,
broad in scope, transparently brazen and audaciously indulgent.
They gave an energy industry drowning in the most obscene profits
in its history billions of dollars in subsidies and tax breaks,
including $2.9 billion for the coal industry. The highway bill set
new standards for monstrous and indefensibly wasteful spending,
with Congress allocating $100,000 for a single traffic light in
Canoga Park, California, and $223 million for the construction of a
bridge linking the mainland an Alaskan island with a population of
just fifty.
It was a veritable bonfire of public money, and it raged with
all the brilliance of an Alabama book-burning. And what fueled it
all were the little details you never heard about. The energy bill
alone was 1,724 pages long. By the time the newspapers reduced this
Tolstoyan monster to the size of a single headline announcing its
passage, only a very few Americans understood that it was an
ambitious giveaway to energy interests. But the drama of the
legislative process is never in the broad strokes but in the bloody
skirmishes and power plays that happen behind the scenes.
To understand the breadth of Bush's summer sweep, you had to
watch the hand-fighting at close range. You had to watch opposition
gambits die slow deaths in afternoon committee hearings, listen as
members fell on their swords in exchange for favors and be there to
see hordes of lobbyists rush in to reverse key votes at the last
minute. All of these things I did -- with the help of a tour
guide.
Nobody knows how this place is run," says Rep. Bernie Sanders.
"If they did, they'd go nuts."
Sanders is a tall, angular man with a messy head of gull-white
hair and a circa-1977 set of big-framed eyeglasses. Minus the
austere congressional office, you might mistake him for a physics
professor or a journalist of the Jimmy Breslin school.
Vermont's sole representative in the House, Sanders is expected
to become the first Independent ever elected to the U.S. Senate
next year. He is something of a cause celebre on both the left and
right these days, with each side overreacting to varying degrees to
the idea of a self-described "democratic socialist" coming so near
to a seat in the upper house.
Some months before, a Sanders aide had tried to sell me on a
story about his boss, but over lunch we ended up talking about
Congress itself. Like a lot of people who have worked on the Hill a
little too long, the aide had a strange look in his eyes -- the
desperate look of a man who's been marooned on a remote island,
subsisting on bugs and abalone for years on end. You worry that he
might grab your lapel in frustration at any moment. "It's
unbelievable," he said. "Worse than you can possibly imagine. The
things that go on . . . "
Some time later I came back to the aide and told him that a
standard campaign-season political profile was something I probably
couldn't do, but if Sanders would be willing to give me an
insider's guided tour of the horrors of Congress, I'd be
interested.
"Like an evil, adult version of Schoolhouse Rock," I
said.
The aide laughed and explained that the best time for me to go
would be just before the summer recess, a period when Congress
rushes to pass a number of appropriations bills. "It's like orgy
season," he said. "You won't want to miss that."
I thought Sanders would be an ideal subject for a variety of
reasons, but mainly for his Independent status. For all the fuss
over his "socialist" tag, Sanders is really a classic populist
outsider. The mere fact that Sanders signed off on the idea of
serving as my guide says a lot about his attitude toward government
in general: He wants people to see exactly what he's up
against.
I had no way of knowing that Sanders would be a perfect subject
for another, more compelling reason. In the first few weeks of my
stay in Washington, Sanders introduced and passed, against very
long odds, three important amendments. A fourth very nearly made it
and would have passed had it gone to a vote. During this time,
Sanders took on powerful adversaries, including Lockheed Martin,
Westinghouse, the Export-Import Bank and the Bush administration.
And by using the basic tools of democracy -- floor votes on clearly
posed questions, with the aid of painstakingly built coalitions of
allies from both sides of the aisle -- he, a lone Independent, beat
them all.
It was an impressive run, with some in his office calling it the
best winning streak of his career. Except for one thing.
By my last week in Washington, all of his victories had been
rolled back, each carefully nurtured amendment perishing in the
grossly corrupt and absurd vortex of political dysfunction that is
today's U.S. Congress. What began as a tale of political valor
ended as a grotesque object lesson in the ugly realities of
American politics -- the pitfalls of digging for hope in a shit
mountain.
Sanders, to his credit, was still glad that I had come. "It's
good that you saw this," he said. "People need to know."
Amendment 1
At 2 p.m. on Wednesday, July 20th, Sanders leaves his office in
the Rayburn Building and heads down a tunnel passageway to the
Capitol, en route to a Rules Committee hearing. "People have this
impression that you can raise any amendment you want," he says.
"They say, 'Why aren't you doing something about this?' That's not
the way the system works."
Amendments occupy a great deal of most legislators' time,
particularly those lawmakers in the minority. Members of Congress
do author major bills, but more commonly they make minor
adjustments to the bigger bills. Rather than write their own
anti-terrorism bill, for instance, lawmakers will try to amend the
Patriot Act, either by creating a new clause in the law or
expanding or limiting some existing provision. The bill that
ultimately becomes law is an aggregate of the original legislation
and all the amendments offered and passed by all the different
congresspersons along the way.
Sanders is the amendment king of the current House of
Representatives. Since the Republicans took over Congress in 1995,
no other lawmaker -- not Tom DeLay, not Nancy Pelosi -- has passed
more roll-call amendments (amendments that actually went to a vote
on the floor) than Bernie Sanders. He accomplishes this on the one
hand by being relentlessly active, and on the other by using his
status as an Independent to form left-right coalitions.
On this particular day, Sanders carries with him an amendment to
Section 215 of the second version of the Patriot Act, which is due
to go to the House floor for a reauthorization vote the next day.
Unlike many such measures, which are often arcane and shrouded in
minutiae, the Sanders amendment is simple, a proposed rollback of
one of the Patriot Act's most egregious powers: Section 215 allows
law enforcement to conduct broad searches of ordinary citizens --
even those not suspected of ties to terrorism -- without any
judicial oversight at all. To a civil libertarian like Sanders, it
is probably a gross insult that at as late a date as the year 2005
he still has to spend his time defending a concept like probable
cause before an ostensibly enlightened legislature. But the
legislation itself will prove not half as insulting as the
roadblocks he must overcome to force a vote on the issue.
The House Rules Committee is perhaps the free world's
outstanding bureaucratic abomination -- a tiny, airless closet deep
in the labyrinth of the Capitol where some of the very meanest
people on earth spend their days cleaning democracy like a fish.
The official function of the committee is to decide which bills and
amendments will be voted on by Congress and also to schedule the
parameters of debate. If Rules votes against your amendment, your
amendment dies. If you control the Rules Committee, you control
Congress.
The committee has nine majority members and four minority
members. But in fact, only one of those thirteen people matters.
Unlike on most committees, whose chairmen are usually chosen on the
basis of seniority, the Rules chairman is the appointee of the
Speaker of the House.
The current chairman, David Dreier, is a pencil-necked Christian
Scientist from Southern California, with exquisite hygiene and a
passion for brightly colored ties. While a dependable enough yes
man to have remained Rules chairman for six years now, he is
basically a human appendage, a prosthetic attachment on the person
of the House majority leader, Tom DeLay. "David carries out the
wishes of the Republican leadership right down the line,'' said
former Texas Congressman Martin Frost, until last year the
committee's ranking Democrat.
There is no proven method of influencing the Rules Committee. In
fact, in taking on the committee, Democrats and Independents like
Sanders normally have only one weapon at their disposal.
"Shame," says James McGovern, a Massachusetts Democrat and one
of the minority members on the committee. "Once in a great while we
can shame them into allowing a vote on something or other."
The Rules Committee meets in a squalid little space the size of
a high school classroom, with poor lighting and nothing on the
walls but lifeless landscapes and portraits of stern-looking
congressmen of yore. The grim setting is an important part of the
committee's character. In the vast, majestic complex that is the
U.S. Capitol -- an awesome structure where every chance turn leads
to architectural wonderment -- the room where perhaps the most
crucial decisions of all are made is a dark, seldom-visited hole in
the shadow of the press gallery.
The committee is the last stop on the legislative express, a
kind of border outpost where bills are held up before they are
allowed to pass into law. It meets sporadically, convening when a
bill is ready to be sent to the floor for a vote.
Around 3 p.m., Sanders emerges from this hole into the hallway.
For the last hour or so, he has been sitting with his hands folded
on his lap in a corner of the cramped committee room, listening as
a parade of witnesses and committee members babbled on in
stream-of-consciousness fashion about the vagaries of the Patriot
Act. He heard, for instance, Texas Republican Pete Sessions explain
his "philosophy" of how to deal with terrorists, which includes, he
said, "killing them or removing them from the country."
Tom Cole of Oklahoma, another Republican committee member,
breathlessly congratulated witnesses who had helped prepare the
act. "This is a very important piece of legislation," he drawled.
"Y'all have done a really good job."
Nodding bashfully in agreement with Cole's words was Wisconsin
Republican James Sensenbrenner Jr. As chairman of the Judiciary
Committee, Sensenbrenner is the majority lawmaker in whose scaly
womb the Patriot Act gestated until its recent delivery to Rules.
Though he was here as a witness, his obvious purpose was to bare
his fangs in the direction of anyone or anything who would threaten
his offspring.
Sensenbrenner is your basic Fat Evil Prick, perfectly cast as a
dictatorial committee chairman: He has the requisite
moist-with-sweat pink neck, the dour expression, the penchant for
pointless bile and vengefulness. Only a month before, on June 10th,
Sensenbrenner suddenly decided he'd heard enough during a Judiciary
Committee hearing on the Patriot Act and went completely Tasmanian
devil on a group of Democratic witnesses who had come to share
stories of abuses at places like Guantanamo Bay. Apparently not
wanting to hear any of that stuff, Sensenbrenner got up midmeeting
and killed the lights, turned off the microphones and shut down the
C-Span feed, before marching his fellow Republicans out of the room
-- leaving the Democrats and their witnesses in the dark.
This lights-out technique was actually pioneered by another
Republican, former Commerce Committee chairman Thomas Bliley, who
in 1995 hit the lights on a roomful of senior citizens who had come
to protest Newt Gingrich's Medicare plan. Bliley, however, went one
step further than Sensenbrenner, ordering Capitol police to arrest
the old folks when they refused to move. Sensenbrenner might have
tried the same thing in his outburst, except that his party had
just voted to underfund the Capitol police.
Thus it is strange now, in the Rules Committee hearing, to see
the legendarily impatient Sensenbrenner lounging happily in his
witness chair like a giant toad sunning on nature's perfect rock.
He speaks at length about the efficacy of the Patriot Act in
combating the certain evils of the free-library system ("I don't
think we want to turn libraries into sanctuaries") and responds to
questions about the removal of an expiration date on the new bill
("We don't have sunsets on Amtrak or Social Security, either").
Such pronouncements provoke strident responses from the four
Democratic members of the committee -- Doris Matsui of California,
Alcee Hastings of Florida, Louise Slaughter of upstate New York and
McGovern of Massachusetts -- who until now have scarcely stirred
throughout the hearing. The Democrats generally occupy a four-seat
row on the far left end of the panel table, and during hearings
they tend to sit there in mute, impotent rage, looking like the
unhappiest four heads of lettuce to ever come out of the ground.
The one thing they are allowed to do is argue. Sensenbrenner gives
them just such an opportunity, and soon he and McGovern fall into a
row about gag orders.
In the middle of the exchange, Sanders gets up and, looking like
a film lover leaving in the middle of a bad movie, motions for me
to join him in the hallway. He gestures at the committee room.
"It's cramped, it's uncomfortable, there isn't enough room for the
public or press," he says. "That's intentional. If they wanted
people to see this, they'd pick a better hall."
Sanders then asks me if I noticed anything unusual about the
squabbling between Sensenbrenner and McGovern. "Think about it," he
says, checking his watch. "How hard is it to say, 'Mr. Sanders, be
here at 4:30 p.m.'? Answer: not hard at all. You see, a lot of the
things we do around here are structured. On the floor, in other
committees, it's like that. But in the Rules Committee, they just
go on forever. You see what I'm getting at?"
I shrug.
"It has the effect of discouraging people from offering
amendments," he says. "Members know that they're going to have to
sit for a long time. Eventually they have to choose between coming
here and conducting other business. And a lot of them choose other
business . . . That's what that show in there was about."
Amendment 2
As he waits for his chance to address the Rules Committee,
Sanders is actually armed with not one but two amendments. The
measures are essentially the same, both using identical language to
prohibit warrantless searches of libraries and bookstores. The only
difference is, the amendment Sanders is trying to get past the
committee would permanently outlaw such searches under the Patriot
Act. The second amendment takes a more temporary approach, denying
the Justice Department funding in next year's budget to conduct
those types of searches.
This kind of creative measure -- so-called limitation amendments
-- are often the best chance for a minority member like Sanders to
influence legislation. For one thing, it's easier to offer such
amendments to appropriations bills than it is to amend bills like
the Patriot Act. Therefore, Sanders often brings issues to a vote
by attempting to limit the funds for certain government programs --
targeting a federal loan here, a bloated contract there. "It's just
another way of getting at an issue," says Sanders.
In this case, the tactic worked. A month earlier, on June 15th,
the House passed Sanders' amendment to limit funding for library
and bookstore searches by a vote of 238-187, with thirty-eight
Republicans joining 199 Democrats.
The move wasn't a cure-all; it was just a short-term fix. But it
enabled Sanders to approach the Rules Committee holding more than
his hat in his hand. With the June vote, he had concrete evidence
to show the committee that if his amendment to permanently alter
the Patriot Act were allowed to reach the floor, it would pass.
Now, if Tom DeLay & Co. were going to disallow Sanders'
amendment, they were going to have to openly defy a majority vote
of the U.S. Congress to do so.
Which, it turns out, isn't much of a stumbling block.
While Sanders was facing the Rules Committee, House leaders were
openly threatening their fellow members about the upcoming vote on
CAFTA. "We will twist their arms until they break" was the
Stalin-esque announcement of Arizona Republican Jim Kolbe. The
hard-ass, horse-head-in-the-bed threat is a defining characteristic
of this current set of House leaders, whose willingness to go to
extreme lengths to get their way has become legend. In 2003, Nick
Smith, a Michigan legislator nearing retirement, was told by
Republican leadership that if he didn't vote for the GOP's Medicare
bill, the party would put forward a primary challenger against his
son Brad, who was planning to run for his seat.
Members who cross DeLay & Co. invariably find themselves
stripped of influence and/or important committee positions. When
Rep. Chris Smith complained about Bush's policy toward veterans, he
was relieved of his seat as the Veterans' Committee chairman. When
Joel Hefley locked horns with Dennis Hastert during the Tom DeLay
ethics flap, Hefley lost his spot as the House Ethics Committee
chairman.
In other words, these leaders don't mind screwing even their
friends any chance they get. Take the kneecapping of Arizona
Republican Jeff Flake, whose surrender on the Patriot Act issue
paved the way for the trashing of the Sanders amendment.
Flake, who sits on Sensenbrenner's Judiciary Committee, had been
one of the leading Republican critics of the Patriot Act. He was
particularly explicit in his support for sunset provisions in the
law, which would prevent it from being made permanent. In April,
for instance, a Flake spokesman told the Los Angeles
Times, "Law enforcement officials would be more circumspect if
they were faced with the prospect of having to come to Congress
every couple of years and justify the provisions."
When Sanders offered his amendment to deny funding for
warrantless searches, Flake was right there by his side. But now,
only a few weeks later, Flake suddenly offers his own amendment,
aimed at the same provision of the Patriot Act as Sanders', but
with one big difference: It surrenders on the issue of probable
cause. The Flake amendment would require only that the FBI director
approve any library and bookstore searches.
It is hard to imagine a more toothless, pantywaist piece of
legislation than Flake's measure. In essence, it is a decree from
the legislative branch righteously demanding that the executive
branch authorize its own behavior -- exactly the kind of comical
"compromise" measure one would expect the leadership to propose as
a replacement for the Sanders plan.
Flake clearly had made a deal with the House leadership. It is
not known what he got in return, but it appears that his overlords
made him pay for it. Before the final vote on any bill, the
opposition party has a chance to offer what is called a "motion to
recommit," which gives Congress a last chance to re-examine a bill
before voting on it. When the Democrats introduced this motion
before the final vote, the House Republican leadership had to ask
someone to stand up against it. They, naturally, turned to Flake,
the chastened dissenter, to run the errand.
Flake is a sunny-looking sort of guy with a slim build and
blow-dried blond hair. He looks like a surfer or maybe the manager
of a Guitar Center in Ventura or El Segundo: outwardly cheerful,
happy and ill-suited, facially anyway, for the real nut-cutting
politics of this sort. When it comes time for him to give his
speech, Flake meanders to the podium like a man who has just had
his head clanged between a pair of cymbals. The lump in his throat
is the size of a casaba melon. He begins, "Mr. Speaker, I am
probably the last person expected to speak on behalf of the
committee or the leadership in genera . . . "
When Flake mentions his own amendments, his voice drops as he
tries to sound proud of them -- but the most he can say is, "They
are good." Then he becomes downright philosophical: "Sometimes, as
my hero in politics said once . . . Barry Goldwater said, 'Politics
is nothing more than public business . . . You don't always get
everything you want.' "
It is a painful performance. Later, commenting on the Flake
speech, Sanders shakes his head. "They made him walk the plank
there," he says.
Flake denies he cut a deal to sell out on the Patriot Act. But
his cave-in effectively spelled the end of the Sanders amendment.
The Republicans point to the Flake amendment to show that they
addressed concerns about library and bookstore searches.
Essentially, the House leaders have taken the Sanders measure, cut
all the guts out of it, bullied one of their own into offering it
in the form of a separate amendment and sent it sailing through the
House, leaving Sanders -- and probable cause -- to suck eggs.
Amendment 1 Redux
Late in the afternoon, after waiting several hours for his turn,
Sanders finally gets a chance to address the Rules Committee. His
remarks are short but violent. He angrily demands that the
committee let Congress vote on his amendment, noting that the
appropriations version of it had already passed the House by
fifty-one votes. "I would regard it as an outrageous abuse of power
to deny this amendment the opportunity to be part of this bill," he
shouts. "We had this debate already -- and our side won."
In response, Republicans on the committee cast a collective
"whatever, dude" gaze. "Sometimes, you can engage them a little,"
Sanders says later. But most of the time it works out like
this.
Shortly after Sanders finishes his remarks, the Rules Committee
members scurry to begin what will be a very long night of work. To
most everyone outside those nine majority members, what transpires
in the committee the night before a floor vote is a mystery on the
order of the identity of Jack the Ripper or the nature of human
afterlife. Even the Democrats who sit on the committee have only a
vague awareness of what goes on. "They can completely rewrite
bills," says McGovern. "Then they take it to the floor an hour
later. Nobody knows what's in those bills."
One singular example of this came four years ago, when the
Judiciary Committee delivered the first Patriot Act to the Rules
Committee for its consideration. Dreier trashed that version of the
act, which had been put together by the bipartisan committee, and
replaced it with a completely different bill that had been written
by John Ashcroft's Justice Department.
The bill went to the floor a few hours later, where it passed
into law. The Rules Committee is supposed to wait out a three-day
period before sending the bill to the House, ostensibly in order to
give the members a chance to read the bill. The three-day period is
only supposed to be waived in case of emergency. However, the Rules
Committee of DeLay and Dreier waives the three-day period as a
matter of routine. This forces members of Congress to essentially
cast blind yes-or-no votes to bills whose contents are likely to be
an absolute mystery to them.
There is therefore an element of Christmas morning in each
decision of the committee. On the day of a floor vote, you look
under the tree (i.e., the Rules Committee Web site) and check to
see if your amendment survived. And so, on the morning of July
21st, Sanders' staff goes online and clicks on a link H.R. 3199 --
USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005.
Twenty of sixty-three amendments have survived, most of them
inconsequential. The Sanders amendment isn't one of them.
On a sweltering Tuesday morning in the Rayburn Building, a
bookend location in the multibuilding home of the House of
Representatives, a very long line has formed in the first-floor
corridor, outside the Financial Services Committee. In the ongoing
orgy of greed that is the U.S. Congress, the Financial Services
Committee is the hottest spot. Joel Barkin, a former press aide to
Sanders, calls Financial Services the "job committee," because
staffers who work for members on that committee move into
high-paying jobs on Wall Street or in the credit-card industry with
ridiculous ease.
"It seems like once a week, I'd get an e-mail from some staffer
involved with that committee," he says, shaking his head. "They'd
be announcing their new jobs with MBNA or MasterCard or whatever. I
mean, to send that over an e-mail all over Congress -- at least try
to hide it, you know?"
On this particular morning, about half of the people in the line
to get into the committee appear to be congressional staffers,
mostly young men in ties and dress shirts. The rest are disheveled,
beaten-down- looking men, most of them black, leaning against the
walls.
These conspicuous characters are called "line-standers." A lot
of them are homeless. This is their job: They wait in line all
morning so some lobbyist for Akin, Gump or any one of a thousand
other firms doesn't have to. "Three days a week," says William
McCall (who has a home), holding up three fingers. "Come in
Tuesday, Wednesday and Thursday. Get between twelve and forty
dollars."
When a photographer approaches to take a picture of the line,
all the line-standers but McCall refuse to be photo-graphed and
cover their faces with newspapers. I smile at this: Only the
homeless have enough sense to be ashamed of being seen in
Congress.
In reality, everybody in Congress is a stand-in for some kind of
lobbyist. In many cases it's difficult to tell whether it's the
companies that are lobbying the legislators or whether it's the
other way around.
Amendment 3
Across the Rayburn building on the second floor, a two-page memo
rolls over the fax machine in Sanders' office. Warren Gunnels, the
congressman's legislative director, has been working the phones all
day long, monitoring the Capitol Hill gossip around a vote that is
to take place in the Senate later that afternoon. Now a contact of
his has sent him a fax copy of an item making its way around the
senatorial offices that day. Gunnels looks at the paper and
laughs.
The memo appears to be printed on the official stationery of the
Export-Import Bank, a federally subsidized institution whose
official purpose is to lend money to overseas business ventures as
a means of creating a market for U.S. exports. That's the official
mission. A less full-of-shit description of Ex-Im might describe it
as a federal slush fund that gives away massive low-interest loans
to companies that a) don't need the money and b) have recently made
gigantic contributions to the right people.
The afternoon Senate vote is the next act in a genuinely
thrilling drama that Sanders himself started in the House a few
weeks before. On June 28th, Sanders scored a stunning victory when
the House voted 313-114 to approve his amendment to block a $5
billion loan by the Ex-Im Bank to Westinghouse to build four
nuclear power plants in China.
The Ex-Im loan was a policy so dumb and violently opposed to
American interests that lawmakers who voted for it had serious
trouble coming up with a plausible excuse for approving it. In
essence, the U.S. was giving $5 billion to a state-subsidized
British utility (Westinghouse is a subsidiary of British Nuclear
Fuels) to build up the infrastructure of our biggest trade
competitor, along the way sharing advanced nuclear technology with
a Chinese conglomerate that had, in the past, shared nuclear
know-how with Iran and Pakistan.
John Hart, a spokesman for Oklahoma Republican Sen. Tom Coburn
(who would later sponsor the Senate version of the Sanders
amendment), laughs when asked what his opponents were using as an
excuse for the bill. "One reason I got," Hart says, "was that if we
build nuclear power plants in China, then China would be less
dependent on foreign oil, and they would consume less foreign oil,
and so as a result our oil prices would go down." He laughs again.
"You'd think there would be more direct ways of lowering gas
prices," he says.
Oddly enough, Coburn, a hard-line pro-war, pro-life conservative
who once advocated the death penalty for abortion doctors, is a
natural ally for the "socialist" Sanders on an issue like this one.
Sanders frequently looks for co-sponsors among what he and his
staff call "honest conservatives," people like California's Dana
Rohrabacher and Texas libertarian Ron Paul, with whom Sanders
frequently works on trade issues. "A lot of times, guys like my
boss will have a lot in common with someone like Sanders," says
Jeff Deist, an aide to Rep. Paul. "We're frustrated by the same
obstacles in the system."
In the case of Westinghouse, the bill's real interest for the
Senate had little to do with gas prices and a lot to do with
protecting a party member in trouble. Many of the 5,000 jobs the
loan was supposed to create were in Pennsylvania, where Rick
Santorum, the GOP incumbent, was struggling to hold off a
challenger. "Five billion for 5,000 jobs," Sanders says, shaking
his head in disbelief. "That's $1 million per job. And they say I'm
crazy."
This morning, with the Senate vote only a few hours away, the
lobbying has kicked into very high gear. That lobbyists for
Westinghouse are phone-blitzing senatorial offices is no surprise.
Somewhat more surprising are reports that the Ex-Im Bank itself is
hustling the senatorial staff.
"Technically speaking, government agencies aren't allowed to
lobby," says Gunnels. "But they sure do a lot of informing just
before big votes."
The document that has just spilled over the Sanders fax line is
printed with a cover sheet from the Ex-Im Bank. It looks like an
internal memo, sent by Ex-Im's "Senior Legislative Analyst,"
Beverley Thompson.
The document contains a series of cheery talking points about
the Ex-Im loan to China, which taken together seem to indicate that
the loan is a darn good idea. Nowhere does the document simply come
out and say, "We recommend that the Sanders amendment against this
loan be defeated." But the meaning is fairly clear.
One odd feature of the document is a notation at the top of the
page that reads, "FYI -- this info has not been cleared." In
government offices, documents must be cleared for public
consumption before they can be distributed outside the agency. What
this memo seems to suggest, then, is that the recipient was being
given choice inside info from the Ex-Im Bank, a strange thing for
the bank to be doing out in the open.
The Sanders office has seen this kind of thing before. In the
summer of 2003, it received a very similar kind of document
purportedly from the Treasury. Printed on Treasury stationery, the
document contained, like the Ex-Im memo, a list of talking points
that seemed to argue against a Sanders amendment. The issue in that
case involved a set of new Treasury regulations that would have
made it easier for companies to convert their employees'
traditional pension plans into a new type of plan called a
cash-balance pension plan.
Among the companies that would have been affected by the
regulations was IBM, which stood to save billions by converting to
this new system. And guess who turned out to have written the
"Treasury Department Memo" that was circulated to members of
Congress, on the eve of the vote?
That's right: IBM.
"It was hilarious," recalls Gunnels. "The Treasury Department
logo was even kind of tilted, like it had been pasted on. It looked
like a third-grader had done it."
Persistent questioning by Sanders' staff led to an admission by
the Treasury Department that the document had indeed been doctored
by IBM. The company, in turn, issued a utterly nonsensical mea
culpa ("We believed that we were redistributing a public document
that we had understood was widely distributed by the Treasury")
that has to rank as one of the lamer corporate non-apologies in
recent years.
It seemed obvious that the company had acted in conjunction with
one or more Treasury employees to create the phony document. But no
Treasury employee has ever been exposed, nor has IBM ever been
sanctioned. "They turned the case over to the Inspector General's
Office," says Gunnels. Jeff Weaver, Sanders' chief of staff, adds,
"And they've done absolutely nothing."
So long as the investigation is still open, Gunnels explains,
there is no way to request documents pertaining to the case through
the Freedom of Information Act. "That investigation will probably
stay open a long time," he says.
Every time Congress is ordered to clean up its lobbyist culture,
its responses come off like leprechaun tricks. For instance, when
the Lobby Disclosure Act of 1995 ordered the House and the Senate
to create an electronic lobbyist registry system, so that the
public could use the latest technology to keep track of
Washington's 34,000-plus lobbyists and whom they work for, the two
houses only half-complied.
The secretary of the Senate created an electronic database, all
right, but what a database: The system was little more than a giant
computerized pile of downloadable scanned images of all the
individual registration forms and semiannual reports. The Senate
system, however, was a significant improvement over the House
system. The House responded to the 1995 law by entirely ignoring
it.
All of Washington seems to be in on the lobbyist leprechaun
game. News even leaked that corporations had managed to convince
the local sports teams, the Wizards and the Capitals, to create
special courtside and/or rinkside tickets. The tickets would not be
available to the general public but would have an official list
price of $49.50 and could be purchased by corporate customers. Why
the low list price? Because congressional rules prohibit gifts to
congressmen with a cost above fifty dollars.
Amendment 4
The Ex-Im amendment was not the only victory Sanders had scored
on the government-waste front that month. In fact, just two days
after he passed the Ex-Im amendment, Sanders secured another
apparent major victory against a formidable corporate opponent. By
a vote of 238-177, the House passed a Sanders amendment to cancel a
$1.9 billion contract that the Federal Aviation Administration had
awarded to Lockheed Martin to privatize a series of regional Flight
Service Stations.
Several factors went into the drafting of this amendment. For
one thing, the FAA-Lockheed deal would have resulted in the loss of
about 1,000 jobs around the country from the closure of
thirty-eight Flight Service Stations, which are basically small
regional centers that give out weather information and provide some
basic air-traffic assistance. Thirty-five of those projected job
losses would have come from a station in Burlington, Vermont, so in
opposing the deal, Sanders was behaving like a traditional
congressman, protecting his home turf.
But there were other concerns. The FAA deal was an early test
run for a Bush policy idea called "competitive sourcing," which is
just a clunky euphemism for the privatization of traditionally
governmental services. Sanders is generally opposed to competitive
sourcing, mainly on cost and quality grounds.
Beyond that, Sanders sees in issues like the Westinghouse deal
and the Lockheed Martin deal a consistent pattern of surrender to
business interests by Congress. Too often, he says, Congress fails
to tie government assistance to the company's record in preserving
American jobs.
"I have no problem with the argument that we should help
businesses out," Sanders says. "But if you go to these hearings, no
one ever asks the question 'How many jobs have you exported over
the years? If we give you money, will you promise not to export any
more jobs?' "
He laughs. "It's funny. Some of these companies, they'll be
straight with you. General Electric, for instance. They come right
out and say, 'We're moving to China.' And if you ask them why, in
that case, you should subsidize them, they say, 'If you don't help
us, we'll move to China faster.' "
Given how powerful Lockheed Martin is on Capitol Hill -- the
company even has the contract to maintain the server for the
computers in Congress -- the Lockheed vote was surprisingly easy.
Maybe too easy. On the surface, it looked like traditional politics
all the way, with Sanders applying his usual formula of securing as
many Democratic votes as possible, then working to pry loose enough
Republicans to get the vote through. In this case, the latter task
proved not all that difficult, as Sanders had natural allies in
each of those Republican representatives with targeted flight
stations in their districts.
But when the vote sailed through by a comfortable margin,
Sanders didn't celebrate. Sometimes, he says, a vote like this one
will pass easily in the House precisely because the leadership
knows it will be able to kill it down the line.
"I don't want to accuse my fellow members of cynicism," he says,
"but sometimes they'll vote for an amendment just so they can go
back home and say they fought for this or that. In reality, they've
been assured by the leadership that the measure will never make it
through."
And if an offending bill somehow makes it through the House and
the Senate, there's always the next and last step: the conference
committee. Comprising bipartisan groups of "conferees" from the
relevant House and Senate authorizing committees, these committees
negotiate the final version of a bill. Like the Rules Committee, it
has absolute power to make wholesale changes -- which it usually
does, safely out of the public's view.
With a measure like Sanders' Lockheed amendment, the chances
were always going to be very slim that it would survive the whole
process. Among other things, President Bush responded to the
passage of the anti-Lockheed amendment by immediately threatening
to veto the entire Transportation budget to which it was attached.
(Bush made the same threat, incidentally, in response to the Ex-Im
amendment, which was attached to the Foreign Operations
budget.)
"Now the conference committee has political cover," Sanders
says. "It's either take them out and restore that loan and that
contract or the president vetoes an entire appropriations bill --
and there's no funding for Foreign Operations or Transportation.
There's really no choice."
In the case of the Lockheed amendment, however, things never get
that far. Despite the amendment's comfortable victory in the House,
weeks pass, and the Sanders staff cannot find a senator to sponsor
the measure in the upper house. Though the staff still has hopes
that a sponsor will be found, it's not always that easy to arrange.
Especially when the president threatens a veto over the matter.
As for the Ex-Im amendment, the Sanders gambit against it
perishes on that Tuesday afternoon, July 19th, as the Senate
wallops the Coburn version of the amendment, 62-37. According to
Gunnels, the key vote ends up being cast by Democrat Harry Reid of
Nevada.
"It was still close, around 24-23 or so, before Reid voted," he
says. "It looked like a lot of Democrats were waiting to see which
way he would go, him being the minority leader and all. As soon as
he voted no, a whole slew of Democrats followed him, and the
amendment was dead."
Reid's predecessor as minority leader, Tom Daschle, was a
marionette of the banking and credit-card industries whose public
persona recalled a hopped-up suburban vacuum-cleaner salesman. In
the wake of the Daschle experiment, Reid is the perfect inheritor
of the Democratic leadership mantle: a dour, pro-life Mormon with a
campaign chest full of casino money. Trying to figure out his
motives on this vote proved no less difficult than figuring out
what the Democratic Party stands for in general.
When I call Reid's office, spokesman Jim Manley initially
refuses to offer an explanation for the senator's vote. He seems
weirdly defensive about the issue, and we go back and forth on the
matter for a while before he finally reads a statement explaining
-- or purporting to, anyway -- his boss's vote on the China
loan.
"As with questions raised about other transactions involving
China, legitimate concerns are at issue," he reads. "But rather
than Congress intervening in one transaction after another, what we
really need is a coherent and comprehensive policy to address the
emergence of China as an economic threat. This administration has
failed to develop a China policy . . . and this utter failure has
fueled congressional and public unease . . . Got that?"
"Um," I say, copying it down. "Sure. Wait -- if the problem is
that there's no comprehensive policy for China, why give them $5
billion to build nuclear plants? Why not give them, say, nothing at
all?"
Silence on the other end of the line. Finally, Manley
speaks.
"This administration has failed to develop a China policy," he
repeats coldly. "And this utter failure has fueled congressional
and public unease . . . "
In the end, after just a few weeks, every one of Sanders'
victories was transformed into a defeat. He had won three major
amendments and would likely have won a fourth, if the Rules
Committee had permitted a vote on his Patriot Act measure. In each
case, Sanders proved that his positions held wide support -- even
among a population as timid and corrupt as the U.S. Congress. Yet
even after passing his amendments by wide margins, he never really
came close to converting popular will into law.
Sanders seems to take it strangely in stride. After a month of
watching him and other members, I get the strong impression that
even the idealists in Congress have learned to accept the body on
its own terms. Congress isn't the steady assembly line of consensus
policy ideas it's sold as, but a kind of permanent emergency in
which a majority of members work day and night to burgle the
national treasure and burn the Constitution. A largely castrated
minority tries, Alamo-style, to slow them down -- but in the end
spends most of its time beating calculated retreats and making
loose plans to fight another day.
Taken all together, the whole thing is an ingenious system for
inhibiting progress and the popular will. The deck is stacked just
enough to make sure that nothing ever changes. But just enough is
left to chance to make sure that hope never completely dies out.
And who knows, maybe it evolved that way for a reason.
"It's funny," Sanders says. "When I first came to Congress, I'd
been mayor of Burlington, Vermont -- a professional politician. And
I didn't know any of this. I assumed that if you get majorities in
both houses, you win. I figured, it's democracy, right?"
Well, that's what they call it, anyway.
© 2005 Rolling Stone
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