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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Wednesday, June 04, 2014

As Obama Acts on Pollution and Bergdahl, G.O.P. Talks of an Erosion of Trust

New York Times
By Carl Hulse
June 3, 2014

WASHINGTON — The Obama administration’s actions in the case of Sgt. Bowe Bergdahl and in issuing new power plant emissions restrictions have deepened its rift with congressional Republicans, who see the moves as the latest troubling examples of the White House circumventing Congress.

Republicans say the exchange of Sergeant Bergdahl for five Taliban members without congressional consultation, as well as the use of executive authority to try to force reductions in power plant pollution, make it more unlikely that major proposals like an immigration overhaul can advance this year.

“Clearly, the president’s own actions on a range of issues continue to undermine the American people’s trust in him,” said Michael Steel, a spokesman for the House speaker, John A. Boehner of Ohio.

Mr. Boehner has said repeatedly that while he would like to move forward with changes in immigration law, he cannot overcome strong resistance from conservative House Republicans until the president demonstrates he can be trusted to enforce new restrictions that would be part of any immigration compromise.

On Tuesday, the speaker issued a statement saying that the swap of Sergeant Bergdahl “has invited serious questions into how this exchange went down and the calculations the White House and relevant agencies made in moving forward without consulting Congress despite assurances it would re-engage with members on both sides of the aisle.”

Mr. Boehner’s stance and the angry reaction of other Republicans to the most recent series of events indicated that rather than progressing, President Obama’s relationship with congressional Republicans was instead going backward.

Top Democrats and other analysts have suggested that Mr. Boehner’s immigration stance is a convenient excuse for Republicans to refrain from taking action and a way to put the onus for the stalemate on the president rather than on Republicans, who have seen a decline in their standing with Hispanics. It was also seen as an effort by members of the House Republican leadership to buy time to get through primaries before they tried their hands at immigration legislation later in the fall.

Even if the raising of the trust issue was mainly a gambit by Mr. Boehner, the resentment Republicans are showing over both recent decisions by the White House would make it very difficult for congressional Republicans to now reverse course and say the president had regained their confidence.

As they assessed the backlash to the decisions on Sergeant Bergdahl and emissions, Democrats said they had already made an offer to Republicans that could defuse any trust issue if that was what was actually keeping them from moving ahead on immigration.

“If that is their true concern, we can meet their objections completely and totally by setting the first day of implementation as Jan. 20, 2017, and President Obama will have nothing to do with implementation,” said Senator Charles E. Schumer of New York, the No. 3 Senate Democrat, who has been discussing immigration policy with Republicans.

Mr. Schumer said mistrust between the president and congressional Republicans should not be the reason an immigration overhaul was delayed. “I believe an excuse like this will not stand in the way if they want to do immigration reform,” he said.

Republicans said the proposal promoted by Senator Harry Reid, the Nevada Democrat and majority leader, and Mr. Schumer to pass the overhaul now and apply it later did not make sense to them, and it does not seem to be winning many Republican converts.

Applying the pressure, Democrats have said that if House Republicans do not act before the start of the August recess, Mr. Obama could use his executive power to reduce the deportations that have angered Hispanics.

That is precisely the kind of threat that can cause Republicans to dig in. Any mention of the president’s willingness to use his “pen and phone” to advance his and the Democratic agenda tends to set off a backlash from Republicans, stiffening the very stalemate that can lead to executive action.

Republicans are evidently not the only lawmakers worried about trust and the White House. Senator Dianne Feinstein, the California Democrat and chairwoman of the Intelligence Committee, said Tuesday that the White House expressed to her its regret for the lack of notice on the prisoner swap. She said it was unfortunate that the administration lacked sufficient trust in Congress to notify senators ahead of time.

For months, Republicans have sought to emphasize what they see as the Obama administration’s abuse of executive power on a variety of health care, environmental and less visible policies. It is a major source of contention, as well as a topic that both enrages and energizes Republican and conservative voters.

While it alienates Republicans, the president’s willingness to employ the power of his office to go around opposition Republicans resonates very positively with core Democratic voters.

For instance, an appeal on Tuesday from the Democratic Congressional Campaign Committee carried the subject line “! Obama Executive Action” and praised the president for being willing to push the new Environmental Protection Agency emission regulations despite the objections of Republicans.

“Climate change-denying Republicans have met their match,” it said, urging supporters to get behind the president on the issue.


Tension between the president’s willingness to mount end-runs around opposition Republicans and their growing unrest with that willingness seems likely to remain if not intensify during the months before the midterm elections. As a result, it seems unlikely the two sides can restore a level of trust that would allow them to move forward in even the few policy areas where there is some mutual interest.

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