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Check out these two blog posts at National Review's The Corner blog, one right after the other:



Do these people have any sense of self-awareness?

The complicated state of the Senate stimulus debate just got more intense.

Sen. Olympia Snowe (ME), one of the four Republicans considered genuinely open to cooperation with Democrats on a workable economic recovery bill, just released a statement saying she was approached by Majority Leader Harry Reid (D-NV) to come up with a list of trims from the $275 billion-plus tax section of the stimulus.

To be clear, this is separate from the $80 bilion-plus package of spending cuts that are being hashed out by a group of 15 or so centrist senators from both parties.

Pruning the tax section of the stimulus is an idea that could hold promise for liberals, many of whom are concerned about the hits that education and transit would take in the centrist senators' package of cuts. The portion Snowe is looking at contains plenty of cuts, for both businesses and individuals -- some of them added in the hopes of winning GOP support -- but also a number of tax credits that could take money out of government coffers in the short term while increasing economic growth in the long term.

All told, trimming the tax section while retaining its (partially questionable) economic benefits is a tricky balance, but one Snowe is uniquely qualified for as a popular member of the Finance Committee. Speaking of, senator, may I suggest that $15 billion could be saved by eliminating the questionable "carryback" tax credit extension?

But adding tax changes to the mix adds a new obstacle to Reid's goal of passing the stimulus by day's end.

Fundamentally, the talks at this point hinge on keeping enough Democrats on board with the proposed spending cuts while firming up the commitment of the 2-4 Republicans needed for passage. In the words of one of those GOPers, Arlen Specter (PA), "If [Reid] had [the votes], he would have used them last night."

Snowe's full statement is after the jump.

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The Coleman campaign appears to have found a genuine example of a particular type of absentee ballot being treated differently throughout the state, in their central claim of Equal Protection -- but it seems like they're effectively fishing for votes for Al Franken.

Coleman lawyer Joe Friedberg has been looking into a category that has come to be known as "3-A" ballots, where a newly-registering voter put their registration form inside the secrecy envelope containing the ballot, rather than immediately within the outer return envelope as they were supposed to. Many local officials now believe those should be counted.

The problem is in figuring out how to identify them. It would involve opening up the secrecy envelope, remaining blind to the actual vote inside, and feeling for that extra card. As it turns out, Anoka County elections manager Rachel Smith said her county had been doing just that. Other county officials have said they didn't do this, though it may have occurred here and there.

Coleman attorney/spokesman Ben Ginsberg played this up at a lunch-time press conference. "So there is a difference between counties," Ginsberg said. "It allowed more votes to be counted in Anoka than potentially those other two counties [Ramsey and Washington]."

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It looks like New York Attorney General Andrew Cuomo and Neil Barofsky, the inspector general for the bailout, aren't the only people interested in looking into those bonuses Merrill gave senior execs just before the company came under the control of Bank of America.

North Carolina Attorney General Roy Cooper has issued an "investigative demand" to B of A for documents related to the bonus awards, reports the News and Observer of Charlotte. Cooper, it seems, wants to know what B of A knew about the controversial December bonuses, and when it knew it.

Bank of America, which is based in Charlotte, is required to respond by March 4.

Despite Merrill's massive fourth-quarter losses and generally dire position, the firm's then-CEO John Thain, and the company's board, approved paying the bonuses on an accelerated schedule, apparently in an effort to get them paid before B of A took contol Jan 1.

Since the bonuses came to light, Thain and B of A have given conflicting accounts as to when B of A knew about them, and about Merrill's losses.

The paper adds some detail on the legal tools that might be available to Cooper:

Under N.C. General Statutes, the state Justice Department has the power to investigate the affairs of all corporations and persons doing business in the state. Typically, this authority is used to probe businesses accused of defrauding consumers. In this case, the attorney general has multiple avenues to pursue, depending on what the documents show, a person familiar with the matter said.

The payment of the bonuses could violate the uniform fraudulent transfer act, which restricts the transfer of assets outside of normal business practices, the person said. Typically, this act is applied to debtors in bankruptcy cases who owe creditors, but it could be extended to aggrieved shareholders. Cuomo has used this law in his investigation of insurer AIG, which agreed to freeze more than $600 million it planned to pay out in bonuses.


Cuomo has reportedly issued subpoenas to Thain and B of A's chief administrative officer as part of a probe into the bonuses, which is itself part of a broader investigation announced last fall, of executive pay on Wall Street.

Cuomo is working with Neil Barofsky, the bailout inspector general.

Sen. Dianne Feinstein (D-CA) is trying to get some answers on two potential cases of Bush political appointees "burrowing" into long-term positions at the Pentagon's detainee affairs office.

One of the two has right of return to a civil service position, according to the AP, but let's look for a moment at the second official -- Tara Jones, a special assistant in the detainee office.

Jones was a central figure in the "Pentagon Pundits" scandal, helping to coordinate the military's courtship of former officers who used TV appearances to promote George W. Bush's Iraq war policies. When the New York Times first broke the pundits story, using internal e-mails obtained through the Freedom of Information Act, it was Jones' account that the newspaper had asked to view. (The full complement of her publicly released emails is obtainable here.)

One would think Jones' past might make it easier for Feinstein to ensure she doesn't burrow into the system -- but that likely depends on what explanation the senator gets from the Pentagon.

In one of his first acts as president, Barack Obama issued an executive order instructing prosecutors in military commissions to seek delays in the proceedings, in order to allow his administration to review the comissions process as a whole.

All but one judge complied with the prosecutors' requests. That one, Army Colonel Jame Pohl, declined to do so.

But now, the Associated Press reports, Susan Crawford, the top legal authority for Guantanamo's proceedings, has decided to drop the charges in the case over which Pohl is presiding, thereby bringing the case into compliance with Obama's order.

The case being prosecuted is that of Abd al Rahim al-Nashiri, a Saudi citizen of Yemeni descent accused of planning the October 2000 Al Qaeda attack on the USS Cole warship, which killed 17 service members.

The Pentagon says that Nashiri will remain in prison, and new charges can be filed. But prosecutors will have to start from square one.

A group representing family members of victims of terrorist attacks has been vocally opposed to Obama's order, and isn't happy about Crawford's move.

According to the AP:

Retired Navy Cmdr. Kirk S. Lippold, the commanding officer of the Cole when it was bombed in Yemen in October 2000, said he will be among family members of Cole and 9/11 victims who are meeting with Obama at the White House on Friday afternoon.

Groups representing victims' families were angered by Obama's order, charging they had waited too long already to see the alleged attackers brought to court.

"I was certainly disappointed with the decision to delay the military commissions process," Lippold, now a defense adviser to Military Families United, said in an interview Thursday night. "We have already waited eight years. Justice delayed is justice denied. We must allow the military commission process to go forward."

We reported on Wednesday that the Obama administration's new executive pay limits -- which have huge loopholes built in -- weren't stopping Sen. Claire McCaskill (D-MO) from pushing to add her own, stronger CEO pay caps to the stimulus bill.

And very quietly, by unanimous voice vote, McCaskill's plan was added to the stimulus last night. The Senate also added Banking Committee Chairman Chris Dodd's (D-CT) similar executive pay constraints to the bill. So it seems that GOPers may talk about not wanting government in control of private business; but when push comes to shove, even they can no longer defend the excesses of Wall Street.

A new Gallup poll explains why Democrats are now so eager to connect the anti-stimulus bill Republicans to Rush Limbaugh, and to set up Rush as the new Leader of the Opposition: Independents hate him, he can galvanize Democrats...and Republican voters actually do like him.

Limbaugh's favorable-unfavorable numbers among Republicans stand at 60%-23%. Among independents, though, he's at just 25%-45%. And Democrats definitely have it in for him at 6%-63%. Multiplying out the partisan subsets in this poll, we get an overall top-line result of 28% favorability for Limbaugh across the country, compared to 45% unfavorable.

So if Limbaugh does become a national issue, the data shows he could be a net plus for the Dems -- though the obvious caveat exists that swing voters could have more important things to worry about than some radio loudmouth.

A funny dynamic right now in the Minnesota election trial is how both campaigns have lists of rejected absentee ballots that they're trying to get reconsidered for admission -- and both of them have set out to demonstrate how the other guy's catalog is complete garbage.

Earlier this morning in the Minnesota trial, Coleman lawyer Joe Friedberg went through some of Franken's current list with Anoka County elections manager Rachel Smith, having her affirm that there were various problems within the Anoka section: The ballots had arrived late, were missing voter signatures, or witness signatures, etc. Franken's team hasn't had the chance to cross-examine Smith yet, so we'll see how they do on these votes.

It's to be expected that the vast majority of re-reviewed ballots from both sides will have some serious problems -- and Coleman's certainly have -- as most of them were rejected at least a second time by local officials during a separate review this past December. The issue here is more about what might happen if any leniency ends up being brought to the process, such as forgiving an error if it's determined to have been an election official's fault, not the voter's.

Coleman's list started out at 654, and has now expanded to 4,797 with the court's permission. Franken's team started at 771 ballots, and they have a pending request to expand their group after Coleman got to do it. And of course, both sides' lists so far have come from their own geographic strongholds, as well. So this will take a while.

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