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Beverly Hills, California, United States
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, September 02, 2015

Jeb Bush’s Donald Trump Distraction

National Journal
By Josh Kraushaar
September 2, 2015

Jeb Bush’s half-hearted de­cision this week to con­front Don­ald Trump is shap­ing up to be an early polit­ic­al blun­der that changes the tra­ject­ory of the GOP nom­in­a­tion fight. His de­cision to dir­ectly go after the bil­lion­aire busi­ness­man runs against the Bush cam­paign’s stated strategy of risk­ing a loss in the primary to win the gen­er­al. It’s at odds with his plans to lock up es­tab­lish­ment sup­port and carry that through the pro­cess. It un­der­scores that Bush is no longer the “joy­ful tor­toise” in the race, as he called him­self at a home-state event in Ju­ly, but the dis­trac­ted hare, swat­ting at the an­noy­ing fly that won’t stop buzz­ing around him.

Per­haps the con­front­a­tion was in­ev­it­able. Trump has been at­tack­ing Bush over his per­son­al­ity (“a low-en­ergy guy,” is the fa­vor­ite at­tack line), his policies (“he’ll now find out it’s not an act of love,” Trump jibed Bush over em­bra­cing im­mig­ra­tion re­form), and even his wife (“Jeb Bush has to like the Mex­ic­an Il­leg­als be­cause of his wife,” Trump tweeted). Bush’s al­lies de­fend the Trump en­gage­ment by ar­guing: How will people see him as a tough com­mand­er in chief if he doesn’t get up­set at the guy hit­ting him so per­son­ally? “There’s no path for suc­cess in cower­ing in­to a corner and hop­ing for the best,” Bush spokes­man Tim Miller said. 

But so far, Bush has been spar­ring with Trump joy­lessly, un­der­scor­ing his dis­taste for polit­ic­al theat­er. As Na­tion­al Re­view ed­it­or-in-chief Rich Lowry put it, Bush at­tack­ing Trump is “like watch­ing a WWE wrest­ler get a stern talk­ing to from Ned Flanders.”

A slow-and-steady dis­cip­lined strategy from Bush­world has morph­ed in­to anxi­ety over Trump’s stay­ing power. And it’s all be­ing done in the name of a stra­tegic mis­take: Bush’s biggest mis­cal­cu­la­tion is that Trump is his biggest rival; the as­sump­tion that he’s best-po­si­tioned to be the fi­nal Re­pub­lic­an stand­ing against the busi­ness­man. The real­ity is that the es­tab­lish­ment lane that Bush wanted to claim for him­self is get­ting aw­fully crowded, and the former Flor­ida gov­ernor is hardly as­sured of a spot in the GOP fi­nals. And by get­ting dis­trac­ted by the ele­phant in the room—against his own cam­paign’s ori­gin­al con­sid­er­a­tions—Bush risks be­com­ing an early cas­u­alty to a Trump cam­paign that, like a good real­ity show, needs en­emies for its polit­ic­al oxy­gen.

What’s iron­ic is that Bush’s “lose the primary to win the gen­er­al” strategy has been co-op­ted by his es­tab­lish­ment-ori­ented Re­pub­lic­an rivals, while Bush has been re­luct­antly drawn in­to the fray with Trump. Trump has mostly ig­nored Sen. Marco Ru­bio of Flor­ida, whose cam­paign is con­tent to stay on the side­lines un­scathed, and Ohio Gov. John Kasich, who is quickly gain­ing mo­mentum in New Hamp­shire and is rack­ing up the type of es­tab­lish­ment en­dorse­ments that once seemed like good bets to be in Bush’s corner.

There’s also good reas­on to be­lieve that Trump’s sup­port will dip as vot­ing gets closer. He’s been get­ting near wall-to-wall cov­er­age on all the cable news net­works and Sunday shows. There’s plenty of pre­ced­ent for bet­ter-known can­did­ates to be lead­ing the sum­mer be­fore the primar­ies, only to see things change dra­mat­ic­ally as vot­ing ap­proaches. Few oth­er can­did­ates have ac­tu­ally gone up with paid tele­vi­sion ad­vert­ising, still the lifeblood of cam­paigns. (To wit: Kasich’s $4 mil­lion-plus in New Hamp­shire TV ads pro­pelled him in­to second place in the state; Trump’s got­ten ex­po­nen­tially more “earned me­dia” cov­er­age than that.) In in­ter­pret­ing polls, pun­dits are trans­pos­ing their own ex­pect­a­tions that voters are fol­low­ing the de­tails of the primar­ies against the real­ity that most voters are on va­ca­tion and have been merely en­ter­tained by the Trump show. That was the find­ing of a re­cent Bloomberg fo­cus group fea­tur­ing 10 Trump ad­mirers—even though only two said they would ser­i­ously con­sider vot­ing for him. The fact that his sup­port in polls ap­pears to be broad-based with sup­port from dif­fer­ing demo­graph­ic groups un­der­scores his rise is as much a func­tion of name iden­ti­fic­a­tion as deep-seated sup­port. 

Most cam­paigns have cal­cu­lated that go­ing after Trump at this stage is a no-win pro­pos­i­tion. As the George Bern­ard Shaw aph­or­ism goes, “Nev­er wrestle with pigs. You both get dirty and the pig likes it.” The can­did­ates that have taken on Trump—from Rick Perry to Lind­sey Gra­ham to Rand Paul—have seen their stand­ing col­lapse. But someone has to fire the first shot. The fear from GOP strategists is that the first ser­i­ous can­did­ate to blast Trump will be like a kami­kaze pi­lot, tak­ing out the en­emy but crash­ing his cam­paign while do­ing it. 

That’s why Bush’s at­tacks against Trump have been so tame and are un­likely to be ac­com­pan­ied by any ag­gress­ive ad blitz against the bil­lion­aire busi­ness­man. But in its place, he hardly has a bet­ter situ­ation—wimpy re­sponses to Trump’s taunts, while get­ting dis­trac­ted from the main task at hand. It would’ve been smarter for Bush to ig­nore Trump, and start throw­ing red meat at Hil­lary Clin­ton to prove his ag­gress­ive­ness.

Bush shouldn’t feel threatened by Trump. His biggest con­cern should be that the es­tab­lish­ment lane he wanted to claim for him­self is get­ting crowded. He’s at risk of los­ing es­tab­lish­ment sup­port to Kasich, Ru­bio, per­haps even Carly Fior­ina. Kasich is now tied with Bush in the all-im­port­ant Gran­ite State. Ru­bio’s fa­vor­ab­il­ity rat­ings are sig­ni­fic­antly bet­ter than Bush’s, and he runs more com­pet­it­ively than Bush against Hil­lary Clin­ton. Fior­ina, with peer­less es­tab­lish­ment cre­den­tials as a For­tune 100 CEO, ad­viser to John Mc­Cain, and fun­draiser for the Na­tion­al Re­pub­lic­an Sen­at­ori­al Com­mit­tee, is also po­si­tioned to pick off some of that cen­ter-right sup­port. 

New Hamp­shire, the most mod­er­ate state in the early con­tests, is look­ing like a make-or-break test for Jeb Bush. (“You need to be suc­cess­ful in Feb­ru­ary for suc­cess in the later states. We have no il­lu­sions about that. For us that means do­ing well in New Hamp­shire,” said Bush spokes­man Miller.) Even though Trump leads statewide polling, Bush’s real battle is against Kasich and Ru­bio to be­come the es­tab­lish­ment fa­vor­ite. The Bush cam­paign is acutely aware of Kasich’s threat to them in the Gran­ite State, as well as of Ru­bio’s po­ten­tial to later trans­late his strong fa­vor­ab­il­ity num­bers in­to tan­gible sup­port. If the best-fun­ded can­did­ate can’t get past one of his true com­pet­it­ors in a state re­cept­ive to his mes­sage, Trump—wheth­er he’s flamed out or not—will be the least of Bush’s wor­ries.

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