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THE MUSINGS OF A TRADITIONAL SOUTHERN DEMOCRAT

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Sid in his law office where he sits when meeting with clients. Observant eyes will notice the statuette of one of Sid's favorite Democrats.

Sunday, May 19, 2013

President Obama exercises a fluid grip on the levers of power

From The Washington Post:

President Obama’s professed ignorance of the targeting of conservatives by one government agency and his support of tracking journalists’ sources by another highlight one of the great paradoxes of his presidency: Sometimes he uses his office as aggressively as anyone who’s held it; other times he seems unacquainted with the work of his own administration.

The controversies over the Internal Revenue Service’s scrutiny of tea party and other conservative groups and the Justice Department’s surveillance of Associated Press journalists are only the latest examples of Obama’s a la carte governing style.

Obama has been willing to push the bounds of executive power when it comes to making life-and-death decisions about drone strikes on suspected terrorists or instituting new greenhouse gas emission standards for cars.

But at other times he has been skittish. When immigration activists first urged him to halt deportations of many illegal immigrants, for instance, Obama said he didn’t have the authority to do so. He eventually gave in after months of public protest and private pressure from immigrant and Hispanic advocates, granting relief to certain people who had been brought to the United States as children.

The president’s inconsistency is so befuddling that not even his critics can get it straight. They simultaneously charge that he is “leading from behind” and that he is displaying, in the words of House Speaker John A. Boehner (R-Ohio), “the arrogance of power.”

Obama’s current and former advisers said the president’s approach is deliberate and coherent: On national security, he exercises power to keep the country safe, whereas on domestic issues, he acts strategically on a case-by-case basis.

Still, the advisers acknowledge, Obama’s sometimes-yes, sometimes-no approach can give the appearance that he’s all over the map. Four-and-a-half years in, they said, he still is figuring out how to strike the right balance.

“He is deeply concerned both that his office . . . never violate its primary duty to abide by the Constitution’s checks and balances and that he nonetheless exercise those powers to the limit as needed to protect the nation and its people,” said Laurence Tribe, a Harvard Law professor who has been a mentor of Obama’s for two decades and served briefly in Obama’s Justice Department.

Still, Tribe expressed concern that Obama, himself a former law instructor, “is being a bit too much the constitutional lawyer in some of these matters and not enough the ordinary citizen, sharing the anger that ordinary citizens understandably feel but flexing the muscles that no citizen other than Barack Obama possesses.”

The scandals of the Nixon administration that followed resulted in the IRS becoming an independent enforcement agency — a fact White House aides cite as a justification for Obama’s not knowing what was going on there until the release of an independent watchdog report. And in the post-Watergate era, presidents and their political aides have steered clear of the agency’s day-to-day operations.

Obama, his allies said, has adhered to that norm more rigorously than some of his predecessors. Moreover, advisers say, Obama does not interfere with Justice Department investigations, such as the leak probe that led to the surveillance of AP reporters.

Aides say it was an unfortunate coincidence that two controversies erupted simultaneously in areas that do not necessarily fall under Obama’s direct power. Yet that reality also may have effectively shielded Obama from learning about red flags that arise beyond the bubble of the Oval Office.

“It’s one thing for the president to make sure he doesn’t say or do anything that might undermine the independence of agencies like the Justice Department or the IRS,” Tribe said. “It’s quite another for the president to insulate himself to a degree that creates the false public impression of disinterest or indifference.”

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