Joe Manchin’s dilemma
When I saw that the title of this article was “Joe Manchin’s Dilemma,” I thought I knew what his dilemma was: whether to keep disagreeing with Obama and run the risk of following in Bob Menendez’s footsteps to some DOJ criminal charges, or shut up and play ball.
But it’s not about that at all; it’s about whether Manchin should stay in the Senate or run for governor of West Virginia. Of course (even though the article never states this), a governorship would probably get him out of the Obama line of fire, since he would no longer be voting yea or nay in the Senate on pet bills of the president, but would instead be occupied with West Virginia affairs.
At any rate, Manchin is one of the few remaining moderate Democrats, and as with almost any senator, the DOJ could probably find some sort of irregularity for which to cry “corruption!” The cost of crossing Obama appears to be getting higher in these last years of his administration.
Here are some details about the Menendez case. It’s been ongoing for about two years, and the timing of the latest news seems highly suspicious. Menendez’s strong opposition to Obama’s foreign policy is not new; it was already in clear evidence two years ago, when the DOJ started the legal proceedings that seem to be reaching a fever pitch now that Menendez has been so vociferous in criticizing Obama’s Iran policy right in the middle of the president’s efforts to reach a deal with the Iranians.
Of course, Menendez could be guilty as charged, but even the WaPo is suggesting that the case against him is weak:
To convict Menendez under relevant federal corruption laws, prosecutors would be tasked with proving that Menendez acted knowingly in return for personal gifts ”” such as flights on Melgen’s private jet and visits to his resort home in the Dominican Republic. Melgen donated $700,000 to a super PAC supporting Menendez and other Democratic senators in 2012, as Menendez was campaigning for a second full term in the Senate.
“When there’s lengthy friendship, that quid pro quo aspect dissipates,” said Michael L. Koenig, a former Justice Department prosecutor now in private practice as a white-collar criminal defender…
Was he doing things on behalf of Dr. Melgen because he was receiving campaign contributions?” said Richard Briffault, a Columbia Law School professor who works in the area of public corruption. “Or was he doing it because he likes Dr. Melgen, which is not criminal?”…
Complicating the matter for Menendez is that he admitted to not disclosing expensive flights taken on Melgen’s jet in 2010, writing a $58,500 check in early 2013 to reimburse the Florida doctor for the expenses.
Menendez explained the lapse as an oversight and did not seek to report the flights as gifts from a personal friend, as is allowed under Senate rules with a waiver from the body’s Ethics Committee.
Prosecutors could seek to charge Menendez for “knowingly and willfully” filing false disclosure forms, but establishing criminal intent in that case could be difficult…
Another obstacle that Menendez’s lawyers have already throw up in front of prosecutors is the Speech or Debate Clause, the constitutional provision that gives lawmakers immunity from prosecution for legislative acts.
As corruption charges go, these seem like relatively small potatoes, the sort of thing they could dig up on virtually any senator they wanted out of the way. And Menendez is definitely someone the president would dearly love out of the way. Other members of Congress can look at the Menendez case and easily put themselves in his shoes, and the message cannot be lost on them: play along with the president or you could be next.
I think the thing with Manchin is that is really is a West Virginian, not a DC pol. He knows what coal regs do to the state and he knows that Northeast-influenced policies do not help his people. He probably is also sick of the Pelosi/Reid/Obama arm twisting and his own inability to get a word in edgewise. I grew up right across the Potomac from WV, and I am very aware of how the people there think. They do cling to guns and religion, as well as low taxes and personal independence. I suspect that Manchin’s problem has less to do with the Obama Machine’s potential threats than with his wanting to get out of DC.
Of course the Menendez investigation is all about Iran. Look at all the other stuff Obama has thrown up this week (Hillary’s emails, Ferguson, Keystone, Selma) to keep his fans from turning their attention to what Bibi said. Obama deserves a box with a pig’s head inside accompanied by a note saying, “We are keeping the bacon and ham. You can forward this gift to your friends in Iran.”
Of course the question is “Is it possible for him to be returned to the Manchin mansion?”
In his favor is that he was a reasonably well-respected governor. Against him is not only his performance in DC (allying himself with Obama more than West Virginians would have wanted), but also that the state is in the early stages of going Republican. The voters went for McCain in ’08 and Romney in ’12; Jay Rockefeller’s senate seat went Republican (Shelley Moore Capito); Nick Joe Rahall, longtime Dem, was defeated for congress; both houses of the state legislature are also now in Republican control for the first time in 80 years.
It may not be the Democrat cakewalk it has been in the past.
Not that I would put anything past this gang, but wouldn”t they get the most bang for their buck by going after Republican Senators from states with a Democratic Governor?
Cory Gardener from CO would fit the bill. As would Kelly Ayotte (NH), Steve Daines (MT), Both Senators from KY, Roy Blunt (MO), Pat Toomey (PA).
I’m sure the press would find nothing unusual about these (and no others) coming under scrutiny.
dbp:
No, not if their goal is to frighten Democrats into silence who might otherwise criticize them. They are saying “don’t think you’re immune because you’re a Democrat; disagree with us and you could find yourself in the slammer.” They need the Democrats more than ever right now, because if enough Democrats defect, the Republicans can either override Obama’s veto or impeach him.
Anyone within the flock of the left who dares to bleep the tiniest discontent must be sacrificed on the alter of the msm..Robespierre never accounted for what can go wrong when la vie a l’envers est delie sur la terre.
Manchin, and no doubt others, remember Valerie Jarrett’s threat:
“After we win this election, it is payback time. For those who supported us, there will be rewards, for the ones who opposed us, they will get what they deserve. There will be hell to pay. Congress won’t be a problem for us this time. With no election to worry about, we have two judges ready to go.”
You have to at least consider the flip side of this. Namely, that Menendez has known for a long time that indictments were likely, and has recently picked visible fights with Obama so that he can claim that this is all political payback.
Glen H:
Menendez has been fighting with Obama for years. I think it’s only become more noticeable lately because the Iran deal is so alarming.
Much more likely that the prosecution was a way to threaten him.