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Why the Acosta nomination is very bad news for conservatives [Levin]
Powerline Blog ^ | February 22, 2017 | Mark Levin

Posted on 02/22/2017 4:58:33 PM PST by conservative98

Edited on 02/22/2017 5:09:32 PM PST by Admin Moderator. [history]

When the left sinks a Trump appointee, or the appointee sinks himself, the left doesn’t necessarily win. The left wins only if the replacement is more appealing to it than the original guy.

Unfortunately, Alex Acosta, the replacement for Andrew Puzder at the Department of Labor, is vastly more appealing to the left than Puzder was. The Acosta selection represents a win for the left and a defeat for conservatives.

At first blush, this might seem an odd assertion. Acosta was a law clerk for the excellent Justice (then Judge) Alito. He was associated with two great conservative organizations — the Federalist Society and the Ethics and Public Policy Center. He has the endorsement of Sen. Cruz, with whom he attended Harvard law School.

At the same time, though, Acosta has been praised by AFL-CIO president Richard Trumka and by several large unions. Of Acosta’s selection, Trumka gushed, “In one day, we’ve gone from a fast-food CEO who routinely violates labor law to a public servant with experience enforcing it.”

I put more weight in the reaction of the unionists than I do in Acosta’s conservative connections. Their enthusiasm is based on what Acosta did as a member of the National Labor Relations Board in the early 2000s. This seems more relevant than a clerkship years earlier, a friendship formed in law school, and organization memberships.

But the most relevant consideration is Acosta’s record in the Justice Department under President Bush, first as Principal Deputy Assistant Attorney General in the Civil Rights Division and then as Assistant Attorney General for the Civil Rights Division. Sources say his record is not conservative.

They say that during his time at DOJ, Acosta’s priority wasn’t the advancement of the administration’s policy goals. Rather, it was to stay on the good side of left-wing civil rights groups.

Acosta sought to accomplish this primarily by meeting their demands to bring certain kinds of cases and by not bringing cases the left didn’t like. But Acosta’s appeasement of the left seems to have gone further than that. I’m told that in crunch time during the 2004 election, he was more accommodating to the Democrats than to the Republicans on voting issues with the potential to influence the outcome.

Let’s explore these charges.

Acosta was in frequent contact with left-wing civil rights groups. If they complained that DOJ wasn’t bringing enough of a certain kind of case — say, discrimination claims based on disparate impact — his typical response would be to order the bringing of two or three such cases. According to my information, the facts were not important. What mattered was raising the number of the particular category of cases that civil rights activists had expressed interest in.

The Hispanic community had a strong interest in Executive Order 13166. Signed by President Clinton in August 2000, it requires federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those service.

Acosta promised Latino organizations that he would issue favorable guidance for complying with the Order. When he encountered opposition in the Justice Department, Acosta said it was too late to oppose what he wanted because the White House had already signed off informally. Thus, the Justice Department signed off.

According to my information, the White House had not signed off. It’s possible that President Bush would have done so even without the Justice Department’s concurrence. But Acosta successfully manipulated the situation to increase the likelihood of White House approval.

Acosta was loath to bringing cases civil rights activists didn’t like. The best example is the voting rights lawsuit against Ike Brown, the notorious African-American political boss of Noxubee County.

Brown’s blatant violations of the Voting Rights Act are set forth in detail by a federal judge in this opinion. But the case that gave rise to the opinion probably wouldn’t have been brought if Acosta had had his way.

I’m told that Acosta did not want to bring the case because he considered it too controversial. He insisted that no action against Brown be brought until after the 2004 election. After the election, he still opposed bringing the case, but was thwarted when Civil Rights Division attorneys went over his head.

The result? A significant victory for DOJ and for voting rights.

Now, let’s turn to the 2004 election. Both sides in that bitter contest were deeply concerned about voting procedures. Republicans worried about voter fraud; Democrats worried about voter suppression.

As the enforcer of the Voting Rights Act, the DOJ’s Civil Rights Division received many phone calls from civil rights groups and Democratic legislators on the one hand, and Republican legislators on the other. The legal issues raised were of vital partisan interest.

My information is that, as the election drew close, Acosta stopped taking calls from Republican Senators. However, he continued to take them from the likes of Patrick Leahy, Ted Kennedy, and John Conyers.

The pressure appears to have paid off. I’m told that Acosta was not supportive of the Bush position on the casting of provisional ballots in Ohio, a key matter in that battle ground state.

Naturally, Acosta’s stance in the 2004 election caused plenty of resentment among the political appointees in the Justice Department and within the Bush team generally. But Acosta had a golden ticket out of Main Justice. Alberto Gonzalez secured his appointment as United States Attorney for the Southern Florida.

Such was the bitterness among Bush loyalists that, according to my information, when Harriet Miers announced his appointment as U.S. attorney at a meeting of her White House counsel staff, some staffers protested vehemently. Miers had to tell them it was a done deal and that, in effect, they should cool it.

Why did Acosta behave the way he did at DOJ? Is he a liberal on the issues he dealt with or, having established good conservative credentials early in his career, was he trying to curry favor with the other side, perhaps in anticipation of a “confirmation moment” like the one that now has arrived?

It doesn’t matter. Either way, his service as Secretary of Labor would pose a large and obvious risk for conservatives.

The Department of Labor plays a key role in areas of major interest to conservatives, especially immigration, wage and hour law, and civil rights. The left had its way, and then some, under Tom Perez, President Obama’s Labor Secretary.

Conservatives were counting on the new Secretary to reverse the many excesses of the past eight years. Acosta’s history of determination not to upset the left strongly suggests that our expectations will be dashed.

On immigration, Acosta is a strong supporter of the kind of “comprehensive immigration reform” pushed by Sen. Marco Rubio and by Democrats. As PoliZette reports, he made this clear in remarks at a 2012 forum sponsored by the Hispanic Leadership Network Conference.

Opponents of amnesty style reform are alarmed. Ira Mehlman, a spokesman for the Federation of American Immigration Reform, says that Acosta’s preferred policy “kind of sounds like open borders.” William Gheen, founder of the Americans for Legal Immigration PAC, says:

It’s very clear that this guy is from the amnesty side of the aisle. It’s very unfortunate that someone like that would ever be considered for any position in the Trump administration.

Gheen noted that Acosta has been backed in the past by the National Council of La Raza, a left-wing civil rights group. It endorsed him to head up the Civil Rights Division under President Bush. As discussed above, Acosta rewarded them.

Acosta’s confirmation is virtually assured. Republicans won’t block a Trump nominee, and Acosta’s record guarantees him sufficient support from Democrats.

It will be imperative that the White House watch Acosta carefully to make sure he undoes Tom Perez’s mischief and does none of his own. Unchecked, the Labor Department can undermine key elements of the Trump agenda.

It is also crucial that the new head of the Civil Rights Division be a strong conservative, one with demonstrably solid views on the entire range of issues the division deals with, and one who can be counted on to stand up to civil rights activists — both within and outside the department.


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections
KEYWORDS: acosta; biglabor; cruz; first100days; labor; levinlounge; marklevin; talkradio; trump; trump41; trumpcabinet; trumpdol
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To: conservative98

Trump knows that he will need a portion of blue collar Union workers to again vote for him for re-election in 2020...

That is my read on his decision making for this appointment.


21 posted on 02/22/2017 6:28:11 PM PST by JustTheTruth
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To: 1rudeboy; antonico

We’re not going to let the folks who wanted Hillary to be president rather than Trump, slide back under their rock.

If you don’t like it, go off and pout.


22 posted on 02/22/2017 6:30:08 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: DoughtyOne

Again, the dude made an intelligent observation. Whining about what happened during the Election is so . . . 2016. Look at the people on this thread clutching their pearls because Cruz said “mean” things about Trump during the Primary. One should wish they’d just type, “waah” and be done with it.


23 posted on 02/22/2017 6:40:57 PM PST by 1rudeboy
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To: aquila48

Is FR the Trump-can-do-no-wrong web site? Is there no room for constructive criticism from folks who like most of what he is doing? I doubt that even Trump thinks that he is infallable.


24 posted on 02/22/2017 6:42:16 PM PST by Socon-Econ
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To: DoughtyOne
Oops, sorry. Wrong thread. I assumed from your response that this was the Shapiro thread.

Levin wanted Hillary to be President? Do you have a source for your assertion? I didn't see it myself, but anything can happen I suppose.

25 posted on 02/22/2017 6:45:03 PM PST by 1rudeboy
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To: 1rudeboy

You’ve never been one to grasp deeper issues.

So much whining out of you every time an anti Trump guy gets skewered.

Are you sorry Hillary didn’t win too? No wonder...


26 posted on 02/22/2017 6:45:51 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: DoughtyOne

Listen, I want to see some proof that Mark Levin was pro-Hillary before you take me to some feverswamp.


27 posted on 02/22/2017 6:47:29 PM PST by 1rudeboy
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To: 1rudeboy

There were two people running.

Levin trashed Trump non-stop.

You figure it out.

Sorry for the snippy response if you were responding thinking it was on another thread.


28 posted on 02/22/2017 6:47:56 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: 1rudeboy

He trashed Trump non-stop right up until the election.

If that tells you he wanted him to win, so be it.

It sure doesn’t tell me that.


29 posted on 02/22/2017 6:49:35 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: DoughtyOne

“Mark Levin is a big bad meanie who said bad things about Donald Trump! Waah!” Seriously, do you need a tissue?


30 posted on 02/22/2017 6:49:55 PM PST by 1rudeboy
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To: 1rudeboy

Mark Levin is a man that helped fight to get Hillary elected.

If that’s funny to you, you don’t belong here.


31 posted on 02/22/2017 6:54:40 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: DoughtyOne

That’s ok, if that’s how you feel. You just can’t prove it.


32 posted on 02/22/2017 6:55:47 PM PST by 1rudeboy
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To: Socon-Econ

No, the question is can’t Levin find anything that Trump is doing right? Everytime I tune in he’s bashing him and so I turn him off. With supporters like him who needs democrats?


33 posted on 02/22/2017 6:58:05 PM PST by aquila48
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To: 1rudeboy

Liar

Levin is on the record for what he did trashing Trump daily right up until the election.

That wasn’t to get him elected brain-trust.


34 posted on 02/22/2017 6:58:37 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: DoughtyOne
Have you seen this thread? (Just posted).

I'm a Democrat (and ex-CIA) but the spies plotting against Trump are out of control

Is this a problem? Or should we re-double our efforts against Mark Levin and Ted Cruz? [snort]
35 posted on 02/22/2017 7:15:17 PM PST by 1rudeboy
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To: 1rudeboy

> Is this a problem? Or should we re-double our efforts against Mark Levin and Ted Cruz? [snort]

Why would any attack Ted Cruz? He’s been very useful since late in the campaign and has continued good work in the senate.


36 posted on 02/22/2017 7:17:46 PM PST by RedWulf (TRUMP TRUMP TRUMP!)
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To: RedWulf
Why would any attack Ted Cruz?

Good question. One that I've been asking a lot, recently.

37 posted on 02/22/2017 7:21:15 PM PST by 1rudeboy
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To: conservative98

Quoting unnamed sources...always the way to go. Bush had ZERO labor policies except to have open borders


38 posted on 02/22/2017 7:41:08 PM PST by Nifster (I see puppy dogs in the clouds)
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To: 1rudeboy

Mark Levin and Tead Curz screwed themselves.

They are a complete waste of time.

You can’t trust them any farther than you can drop kick them.

These two NeverTrumpers couldn’t help revealing themselves for all to see.

Thanks President Trump.

Two more scumbags we don’t have to keep on our Christmas list.


39 posted on 02/22/2017 8:04:57 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: conservative98

I wouldn’t believe anything that Mark says, not ever; even if he told me that it was raining...I’d have to look outside, myself.


40 posted on 02/22/2017 8:59:24 PM PST by nopardons
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