Chapter 1: 2004-2005
Sabot Cat
Banned
The Real Deal? A Kerry Wins TL
Chapter 1: 2004-2005
NYT breaks warrantless wiretaps
On Oct. 18, 2004, the New York Times broke that President George W. Bush had authorized a secret warrantless surveillance program. [1] The president defended the program as necessary to save American lives from terrorists in a televised address the following day. The president further pledged to prosecute those responsible for leaking it. [2]
Democratic nominee Sen. John Kerry, D-Mass., called the warrantless wiretaps a “clear violation of the law.”[3] Sen. Russ Feingold, D-Wis., described the surveillance program, “one of the greatest attempts to dismantle our system of government that we have seen in the history of our country.”[4] Senate Democrats demanded an immediate investigation into the program and whether or not the White House had engaged in criminal acts. Sen. Arlen Specter, R-Pa., joined his Democratic colleagues in calling for an investigation into the program after the 2004 elections.[5] “It’s inexcusable,” Specter said, “this is clearly and categorically wrong.”[6] Sen. Lindsey Graham, R-S.C., concurred, “We have to resolve the issue to show Americans we are nation of law not outcomes.” Graham then voiced his support for the intelligence committee to look into the matter, adding, “If you allow [Bush] to make findings, he becomes the court.”[7]
The revelation of the secret surveillance program had an immediate and major impact on the presidential election. Kerry continued his momentum from his success in the debates, and was able to gain ground on national security issues while leapfrogging the president on personal qualities such as honesty and trustworthiness.[8] A toxic narrative began to emerge for the President in the final weeks of the election: he thought himself above the law and was dishonest, misleading the public on issues of national importance such as Iraq. Furthermore, he failed to do anything to create jobs, expand healthcare coverage, or prevent the dramatic rise of gasoline prices that began in October and peaked on election day.[9]
On Nov. 2, 2004, John Kerry was elected the 44th President of the United States with 50.4% of the popular vote and 298 Electoral College votes, carrying 24 states and the District of Columbia. Kerry became the first presidential candidate to win a majority of the popular vote since George Bush in 1988, and the first since Benjamin Harrison in 1888 to win the election without carrying a single Southern state. Kerry shared his weakness in the South with Senate Democrats, who lost Georgia, North Carolina, and South Carolina in open elections despite gains in Alaska, Colorado, Illinois, and Kentucky. Louisiana went to a runoff, as Republican nominee Rep. David Vitter failed to attain a majority in the first round. The fate of the election would decide control of the Senate, as a Republican gain would mean that the Senate would have no net change, with 51 Republicans and 49 Democratic caucus members.
Both parties spent heavily in Louisiana, with Rep. Chris John emphasizing his endorsement from retiring conservative Sen. John Breaux (D-La.), as well as his support of tax cuts and the partial-birth abortion ban. John had a record of voting with Bush more than two-thirds of the time, but Vitter attempted to claim John was a “Washington liberal”.[10] Vitter argued that he would be an effective check on the incoming president, a claim that John echoed. Ultimately, Vitter won by more than 3 percent through holding down John’s margins in the New Orleans suburbs that the Republican had represented in the House.
The Louisiana runoff elections not only confirmed that there were no net changes in the Senate, but no net changes in the House for the first time in history. Observers noted that this was a part of a larger trend from the previous four cycles which featured an increasingly uncompetitive battleground for House elections, with fewer party switches and incumbent defeats.[11] President George W. Bush’s defeat was attributed to John Kerry being viewed as a more reliable steward of the status quo by the voting public. Others argued the result was a sign that the nation was divided culturally and politically, with the elections only deepening these divisions.
“I pledge to do my part to try to bridge the partisan divide,” Kerry said. “Today I hope we can begin the healing.”[12]
2004 elections
President: 298 D, 240 R
Senate: +0 (R: 51 -> 51; D: 48 -> 48; I: 1)
House: +0 (R: 229; D: 204; I: 1)
President
John Kerry/John Edwards defeats George W. Bush/Dick Cheney (D gain from R)
Senate
Alabama: Incumbent Richard Shelby (R) wins re-election
Alaska: Former Governor Tony Knowles (D) defeats incumbent Lisa Murkowski (R) [13]
Arizona: Incumbent John McCain (R) wins re-election
Arkansas: Incumbent Blanche Lincoln (D) wins re-election
California: Incumbent Barbara Boxer (D) wins re-election
Colorado: State Attorney General Ken Salazar (D) wins in an open race
Connecticut: Incumbent Chris Dodd (D) wins re-election
Florida: Betty Castor (D) wins in an open race
Georgia: U.S. Representative Johnny Isakson (R) wins in an open race
Hawaii: Incumbent Daniel Inouye (D) wins re-election
Idaho: Incumbent Mike Crapo (R) wins re-election
Illinois: State Senator Barack Obama (D) wins in an open race
Indiana: Incumbent Evan Bayh (D) wins re-election
Iowa: Incumbent Chuck Grassley wins re-election (R)
Kansas: Incumbent Sam Brownback wins re-election (R)
Kentucky: State Senator Daniel Mongiardo (D) defeats incumbent Jim Bunning (R)
Louisiana: U.S. Representative David Vitter (R) wins in an open race
Maryland: Incumbent Barbara Mikulski (D) wins re-election
Missouri: Incumbent Kit Bond (R) wins re-election
Nevada: Incumbent Harry Reid (D) wins re-election
New Hampshire: Incumbent Judd Gregg (R) wins re-election
New York: Incumbent Chuck Schumer (D) wins re-election
North Carolina: Richard Burr (R) wins in an open race
North Dakota: Incumbent Bryon Dorgan (D) wins re-election
Ohio: Incumbent George Voinovich (R) wins re-election
Oklahoma: U.S. Representative Tom Coburn (R) wins in an open race
Oregon: Incumbent Ron Wyden (D) wins re-election
Pennsylvania: Incumbent Arlen Specter (R) wins re-election
South Carolina: U.S. Representative Jim DeMint (R) wins in an open race
South Dakota: Incumbent Tom Daschle (D) wins re-election
Utah: Incumbent Bob Bennet (R) wins re-election
Vermont: Incumbent Patrick Leahy (D) wins re-election
Washington: Incumbent Patty Murray (D) wins re-election
Wisconsin: Incumbent Russ Feingold (D) wins re-election
House
Connecticut’s 4th: Diane Farrell (D) defeats incumbent Chris Shays (R)
Colorado’s 3rd: John Salazar (D) wins in an open election
Georgia’s 12th: John Barrow (D) defeats incumbent Max Burns (R)
Illinois’s 8th: Melissa Bean (D) defeats incumbent Phil Crane (R)
Indiana’s 9th: Incumbent Baron Hill (D) wins re-election
Kentucky’s 4th: Geoff Davis (R) wins in an open election
Louisiana’s 3rd: Charlie Melancon (D) wins in an open election
Louisiana’s 7th: Charles Boustany (R) wins in an open election
New York’s 27th: Brian Higgins (D) wins in an open election
Texas’s 1st: Louie Gohmert (R) defeats incumbent Max Sandlin (D)
Texas’s 2nd: Ted Poe (R) defeats incumbent Nick Lampson (D)
Texas’s 10th: Michael McCaul (R) wins in an open election
Texas’s 11th: Mike Conaway (R) wins in an open election
Texas’s 24th: Kenny Marchant (R) wins in an open election
Washington’s 8th: Dave Ross (D) wins in an open election
The Cabinet of John Kerry [14]
Kerry’s First 100 Days: Ending the Era of Ashcroft
President John Kerry vowed in his inaugural address to return to America’s values by renewing its commitment with its allies in a war against terrorism.[15]“We will be stronger at home and respected again abroad,” Kerry said. “We will lead the world through the strength of our alliances and our convictions.”[16]
Through executive action, Kerry addressed the warrantless surveillance program that had caused the electoral downfall of his predecessor. To “end the era of Ashcroft”[17], Kerry directed the Justice Department to end sneak-and-peek searches and require roving wiretaps to have an identifiable target.[18] The Justice Department also audited the NSA in ensuring sufficient probable cause had been established before one’s communications were monitored.[19][20]
Kerry further sought to mend international perceptions of the United States through changing course on its treatment of ‘unlawful enemy combatants’. Kerry issued an executive order to review the disposition of prisoners at Guantanamo Bay naval base, with the goal of the prisoners being ultimately transferred and the prison closed down if funding could be made available from Congress. In the duration, the executive order required the camp to be in compliance with the Geneva Conventions.[21] Kerry then issued an executive order to end the use of torture, referred to as “enhanced interrogation techniques” during the Bush administration.[22]
On February 18,[23][24] Kerry unveiled a multi-pronged proposal for Iraq called the “Strengthening America’s Armed Forces and Military Family Bill of Rights Act” or just the Military Family Bill of Rights[25], which passed with bipartisan support.
“Never again will parents or husbands or wives of soldiers have to send them body armor instead of photographs and care packages,” Kerry said. [26]
The cost of implementing the law was priced at $8 billion a year.[27] It included the addition of 40,000 more active-duty Army personnel, of which 20,000 were combat troops, 5,000 were special forces, and the rest were civil affairs officers and military police.[28] The statutorily authorized size of the Army was increased to 530,000, and the authorized size of the Marines was increased to 188,000.[29] The death gratuity, paid in the event a service member dies, was increased from $12,000 to $250,000, while military spouses were permitted to remain in government housing for a year after the death of a service member. Finally, the Military Family Bill of Rights created a “military relief fund” that taxpayers can choose to contribute, akin to the small amount of tax money voluntarily contributed to presidential campaigns.
In February 22, Kerry touted NATO’s joint statement saying that all member states would provide personnel, equipment, and funding to the NATO Training in Iraq (NTM-I).[30] Kerry suggested this was a result of a NATO meeting about Iraq and the Middle East as a whole, in which he called for the international community to help stabilize the region.[31] Kerry further praised the European Union’s commitment to provide $38 million in assistance for the Iraqi parliamentary elections, and their pledge to help train Iraqi law enforcement and judicial officials. Critics were quick to point out that the actions of NATO and the EU were not the result of Kerry’s efforts, but were initiated before he had been inaugurated.
Critics further charged that the president’s promises for greater international involvement in the occupation of Iraq had gone unfulfilled. In fact, Italy, Hungary, Poland, Portugal, and Ukraine had all announced that they were withdrawing their forces as 2004 ended and 2005 began.[32] Kerry had secretly tried to fulfill these promises in private talks with prominent European leaders such as Chancellor Gerhard Schröder of Germany and President Jacques Chirac of France.[33] Kerry had strongly insisted that they commit troops to make the Iraq occupational force a truly multinational coalition, or the United States would withdraw within three to six months.[34] Kerry was essentially threatening the destabilization of Iraq, and leaned on France and Germany due to their economic stake in the region. [35] Schröder and Chirac were unimpressed with Kerry’s threat, [36] and called his bluff by offering support they had already pledged to former President George W. Bush in the form of their contributions to the NATO mission and the EU humanitarian aid.
As the first post-occupation Iraqi government began to take shape, Kerry urged power sharing between Shiites, Sunnis, and Kurds.[37][38][39]
“The United States will not have a permanent military presence in Iraq,” Kerry said. “The United States will insist that the Iraqis establish a truly inclusive political process and meet the deadlines for finishing the Constitution and holding elections in December. We're doing our part: our huge military presence stands between the Iraqi people and chaos, and our special forces protect Iraqi leaders. The Iraqis must now do theirs.”[40]
However, Kerry had very little pull in the Iraqi government’s formation or processes. In fact, he was unable to secure a proposal he touted on the campaign trail for the United Nations to authorize the appointment of a high commissioner in Iraq modeled on the High Representative for Bosnia and Herzegovina.[41]The Iraqi government resented further foreign interference in their government, and believed it undermined their credibility as a sovereign nation if the UN had veto power over their officials.
Iran and North Korea
Kerry had better luck with his diplomatic initiatives in Iran. The president entered the United States into negotiations between Iran and the EU-3, or France, Germany, and the United Kingdom about their nuclear program. Iran sought unsanctioned use of uranium as a power source pursuant to their rights in the Treaty of Non-Proliferation of Nuclear Weapons (NPT), in cooperation with the International Atomic Energy Agency (IAEA) and to avoid referral to the United Nation’s Security Council.[42] European negotiators sought assurances that Iran would not develop nuclear weapons, and the Bush administration had taken a hardline stand against Iran enriching uranium for any use. [43] Consequently, the EU-3 were previously unable to offer the necessary incentives to Iran to cooperate during the Bush administration.[44]
Kerry helped to guide the talks towards a longer-term diplomatic solution by entertaining the possibility of Iran enriching uranium for civilian use. In the early spring of 2005, Iran proposed a preliminary deal in which they would strictly adhere to set a of voluntary restrictions on their uranium enrichment program with increased oversight from the IAEA. Iranian negotiators stated that they would remain bound by the NPT, and that religious leaders would speak out against the use of nuclear weapons. European diplomats felt that their Iranian counterparts were acting in good faith and that the agreement was in complete conformity with international law.[45]
On May 18, 2005, Kerry announced an interim agreement in Paris among the United States, the EU-3, and Iran. This marked the first formal agreement between the United States and Iran in decades.[46] By executive order, Kerry lifted numerous economic sanctions on Iran.[47] In exchange, Iran pledged to continue its freeze of its civilian nuclear program, until a long-term deal could be worked out by all parties for voluntary limits and inspections. The lifting of sanctions was a significant boon to the economies of all parties.[48] Gas prices decreased while Iranian incomes increased, helping the approval ratings of both President John Kerry and President Mohammad Khatami of Iran. [49] The economic boost strengthened the reformists in the 2005 presidential election, with two reformists, former president Akbar Hashemi Rafsanjani and Mehdi Karoubi, advancing to the runoff on June 17. Rafsanjani would win his third nonconsecutive term on June 24 and committed himself to continuing the outgoing administrations’ nuclear negotiations with the United States and the EU-3.[50]
In addition to the high-profile negotiations with Iran, Kerry reestablished diplomatic channels with North Korea after they had been all but terminated under the Bush administration.[51] Kerry thus fulfilled his campaign promise to resume bilateral talks with North Korea in addition to the multilateral talks that were already underway.[52] Kerry pledged to restart the construction of light water reactor nuclear power plants in North Korea under the U.S.-North Korea Agreed Framework that been frozen in 2003,[53] while North Korea pledged to dismantle all of its existing nuclear facilities.[54] Multilateral talks for implementing this framework, including acceding to IAEA inspectors to appraise the progress of the dismantling, were scheduled for the rest of 2005 and into 2006.
Beyond the first 100 days
As Kerry saw progress in carrying out his foreign policy goals, he struggled to get the Republican Congress to approve any of his domestic agenda. Kerry had urged Congress to consider a bill that would use tax credits to expand healthcare and higher education access, but Republicans argued that the plan would displace the role of private insurers and cost taxpayers too much. Consequently, the measure did not come to a vote in either chamber of Congress. Republicans also opposed Kerry’s education proposals, which would provide a ten-year $200 billion entitlement to the states called the “National Education Trust Fund” to help schools stay in compliance with NCLB and IDEA requirements. [55] Republicans argued that the proposal increased spending without corresponding cuts in other domestic programs and rejected Kerry’s proposals to fund them through increasing taxes on higher income brackets or closing “tax loopholes.”
Republicans were more amenable to the “Great Teacher for Every Child” proposal, which would have increased teacher salaries by $5,000 or more in “troubled” schools and in high-demand subjects such as math and science at a cost of $30 billion over ten years.[56] However, it faced opposition from teachers’ unions, as it would have partially tied teacher pay to student performance on standardized tests. The National Education Association (NEA) leaned on Senate Minority Leader Tom Daschle to help defeat the measure in the upper chamber.[57] Another Kerry proposal, the “Service for College” program, would have allowed high school students to engage in public service similar to Americorps for two years in exchange for four years of equivalent public tuition at a cost of $13 billion over 10 years.[58] However, it received no legislative action whatsoever.
The final Department of Education appropriations bill that Kerry signed into law on Aug. 2, 2005 saw one significant change, which was a revamping of the 21st Century Community Learning Centre Program to the “School’s Open ‘Til 6” program, expanding and increasing funding for afterschool programs from $1 billion to $2.5 billion by 2007.
Kerry had an easier time securing an increase of anti-crime spending by $15 billion over ten years.[59][60][61] This included an expansion of the COPS hiring grants to the $1 billion level per year, the amount it received during the Clinton administration before receiving cuts during the Bush administration.[62]Federal aid to local governments combating the use of methamphetamine was also increased. To assist in those efforts, the bill also banned bulk purchases for over-the-counter medications used to manufacture the drug. Finally, the appropriations bill allocated funds for 5,000 additional community prosecutors to be hired over the next five years. This bill represented a high watermark between Congressional Republicans and President Kerry, which would become increasingly acrimonious as the former found themselves mired in a corruption scandal.
In November 2005, Congressman Duke Cunningham, R-Calif., resigned from the House and pled guilty to accepting $2.5 million in bribes, mail fraud, wire fraud, and underreporting his taxable income. House Majority Leader Tom DeLay, R-Texas was indicted for money laundering and criminal conspiracy in autumn 2005, after which he temporarily resigned his position before making it permanent the following January. The same month, Congressman Bob Ney, R-Ohio, resigned as chairman of the House Administration Committee because of his ties with Jack Abramoff amidst the emerging Abramoff Indian lobbying scandal. Shortly thereafter, Abramoff would plead guilty to the felonies of tax evasion, conspiracy, and fraud, while under investigation for bribery of public officials. Kerry blasted the Republicans for being corrupt, and in turn Congress became more combative over the president’s policies in Iraq.
After the 2005 Iraqi parliamentary elections in December concluded without the sectarian violence that marred the January campaign, Kerry organized a summit between Iraqi stakeholders of various sects and ethnicities.[63] The president then withdrew a total of 40,000 troops from Iraq by Christmas,[64][65]and stated his intention for the “bulk of American combat forces” to be withdrawn by the end of 2006.[66] However, a rider was introduced by Rep. Peter King (R-N.Y.) to the Department of Defense’s appropriations that would require benchmarks to be met before forces could be withdrawn from Iraq. These benchmarks included “reducing the level of sectarian violence”, as well as “denying international terrorists a safe haven”, and their fulfillment was to be at the discretion of Congress.[67] Kerry threatened to veto the budget, arguing it threatened the emerging peace in Iraq and unconstitutionally usurped the authority of the president to direct the disposition of the armed forces as the nation’s commander-in-chief. Republicans refused to back down and passed the bill with King’s benchmarks rider. Thus, on Dec. 30, 2005, Kerry vetoed the budget and the government went into shutdown.
Chapter 1 Notes and Bibliography
[1] “We were operating against the backdrop of the 2004 presidential race between George W. Bush and John Kerry. With a week or two to go before the election, Lichtblau and I, along with Corbett and Taubman, went to New York for a meeting with Keller and Abramson to decide whether the story would be published.” My Life as a New York Times Reporter in the Shadow of the War on Terror and Critics Question Timing of Surveillance Story
[2] CNN.com - Inquiry into leak of NSA spying program launched - Dec 30, 2005
[3] John Kerry Bashes Bush Wiretaps, Talks of 2008
[4] Watergate's Dean stars at censure Bush hearing
[5] Specter Says Surveillance Program Violated the Law
[6] Illusions of Security
[7] CNN.com - Democrats call for investigation of NSA wiretaps - Dec 18, 2005
[8] Race Tightens Again, Kerry’s Image Improves | Pew Research Center
[9] Gas rationing and gas lines are unlikely, despite price hike - Oct. 13, 2004
[10] CNN.com - Vitter fights Dems, history - Nov 3, 2004
[11] https://www.brookings.edu/wp-content/uploads/2016/06/07election_mann.pdf
[12] Kerry Concedes
[13]https://web.archive.org/web/20120113105222/http://www.dailykos.com/story/2008/12/19/674605/-Alaska-2010-poll-cornucopia-
[14] Next: Kerry's key Cabinet choices
Kerry Exploring Cabinet Options (washingtonpost.com)
Kerry Camp Keeping Mum on Possible Cabinet
First outlines of potential Kerry Cabinet begin to take shape
[15] The First 100 Days
[16] CNN.com - Transcript: Bush, Kerry closing statements - Oct 1, 2004
[17] Kerry pledges to end 'era of Ashcroft' - The Boston Globe
[18] Bush Ad Falsely Implies Kerry Would Repeal Wiretaps of Terrorists - FactCheck.org
[19] https://ccrjustice.org/sites/default/files/assets/files/CCR_100days_Wiretapping.pdf
[20] Updated - The Obameter: Revise the Patriot Act to increase oversight on government surveillance
[21] Updated - The Obameter: Close the Guantanamo Bay Detention Center
[22] Obama's Order Ends Bush-Era Interrogation Tactics
[23] Kerry would quickly expand military
[24] S. 460 (is) - Strengthening America's Armed Forces and Military Family Bill of Rights Act
[25] John F. Kerry: "Protecting Our Military Families in Times of War": Remarks of John Kerry
[26] John F. Kerry: "Protecting Our Military Families in Times of War": Remarks of John Kerry
[27] Kerry Says He Would Add 40,000 to Army (washingtonpost.com)
[28] https://www.thetimes.co.uk/article/kerry-attacks-draft-policy-to-shore-up-troop-numbers-898sx30fqlf
[29] Kerry: $8B for troop increase, benefits
[30] https://fas.org/sgp/crs/mideast/RL32105.pdf
[31] The First 100 Days
[32] https://fas.org/sgp/crs/mideast/RL32105.pdf
[33] https://www.cbsnews.com/news/kerry-iraq-plan-hit-as-vague/
[34] The Lesson of John Kerry’s Secret Iraq Plan
[35] The Lesson of John Kerry’s Secret Iraq Plan
[36] Subscribe to read | Financial Times
[37] Gates arrives in Iraq as Abizaid says he's leaving
[38] John Kerry: U.S. Wants Inclusive Iraq, But Won't Choose Its Rulers | HuffPost
[39] Kerry Presses for Iraq Peace but Warns Militants Could Force U.S. Action
[40] The Speech the President Should Give
[41] Kerry calls for Iraq high commissioner
[42] Iran's Nuclear Program Timeline and History | NTI
[43] Iran: how the West missed a chance to make peace with Tehran
[44] https://web.archive.org/web/20080613001242/http://www.basicint.org/pubs/Notes/BN050811-IranEU.htm
[45] Iran: how the West missed a chance to make peace with Tehran
[46] Iran nuclear deal agreed at Geneva talks
[47] Obama signs executive order revoking Iran nuclear sanctions
[48] http://www.nftc.org/default/trade/NFTC Iran Normalizaton Book.pdf
[49] http://www.nftc.org/default/trade/NFTC Iran Normalizaton Book.pdf
[50]https://web.archive.org/web/20071116061350/http://www.roozonline.com/english/archives/2007/11/rafsanjani_ahmadinejad_engage.html
[51] https://faculty.washington.edu/sangok/The Bush Administration and North Korea.htm
[52] CNN.com - Bush, Kerry: Nukes most serious threat - Oct 1, 2004
[53] Reactor Project Ends in Failure
[54] U.S.-Korean Deal on Arms Leaves Key Points Open
[55] https://www.brookings.edu/wp-content/uploads/2016/06/20040623.pdf
[56] https://www.brookings.edu/wp-content/uploads/2016/06/20040623.pdf
[57] Teachers Unions: Money to Congress | OpenSecrets
[58] https://www.brookings.edu/wp-content/uploads/2016/06/20040623.pdf
[59] https://web.archive.org/web/20040914124520/http://story.news.yahoo.com/news?tmpl=story&ncid=703&e=1&u=/ap/20040913/ap_on_el_pr/kerry
[60] Kerry Blasts Bush on Guns (washingtonpost.com)
[61] Updated - The Obameter: Fully fund the COPS program
[62] Updated - The Obameter: Fully fund the COPS program
[63] John Kerry Lays Out Plan for Iraq Pullout
[64] John Kerry Lays Out Plan for Iraq Pullout
[65] Kerry: 'Let Iraqis Stand Up for Iraq'
[66] Kerry Urges U.S. to Start Withdrawal From Iraq
[67]https://web.archive.org/web/20070630101330/https://www.senate.gov/~warner/pressoffice/statements/20070611.htm
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