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Fox News continues to attempt to redefine "nuclear option"

February 25, 2010 9:13 am ET — 54 Comments

In its latest attempt to redefine the meaning of the term "nuclear option," Fox News has seized on a Breitbart-promoted video to falsely accuse Democrats of hypocrisy for considering using the reconciliation process to pass health care reform, when they had previously opposed the "nuclear option." But, in fact, the nuclear option referred to a Republican proposal to change Senate filibuster rules on judicial nominees and was not related to reconciliation.

Fox News uses Breitbart-hyped video to accuse Dems of hypocrisy on reconciliation

Fox & Friends: "Irony" that Dems are now considering reconciliation. On Fox & Friends, host Brian Kilmeade said: "The problem with reconciliation is the Republicans say it's an outrage. It's bypassing the Constitution. It was never intended for that reason. Is that what the Republicans are saying, or is that what the Democrats have already said when the Republicans had the majority? Let's look at this tape, first put together by a website called nakedemperor.com." After playing the video, co-host Steve Doocy said: "Harry Reid has said it's still on the table, and that's why we are showing the irony that the Democrats were saying, you can't do reconciliation. It's just wrong. It's not the spirit of the Congress." [Fox & Friends, 2/25/10]

Sean Hannity: "What do you make of the hypocrisy?" On his February 24 Fox News show, Sean Hannity aired clips of Democratic leaders and asked Fox News contributor Newt Gingrich, "What do you make of the hypocrisy?" Gingrich replied: "Well, I think that what you're seeing is a Chicago-machine politics approach that basically says, if we can run over you and mug you then we're going to get away with it. And I think what they don't understand is this is not Chicago. The United States is not going to tolerate a group of people trying to apply kind of a Hugo Chavez majoritarian rule in the Senate." [Hannity, 2/24/10]

Bret Baier: Reconciliation was "once called the nuclear option." On Fox News' Special Report, Bret Baier said that the Senate process of reconciliation "was once called the nuclear option" and then aired clips of what he claimed were Democrats criticizing the "nuclear option" "when Republicans were using it." After he aired the clips, Fox News contributor Kirsten Powers said, "Thank you for establishing beyond all doubt that politicians are hypocrites." [Special Report, 02/24/10]

Fox Nation: "Video Flashback: Dems Howl with Rage Over Nuclear Option." The Fox Nation embedded the Naked Emperor News video under the headline, "Video Flashback: Dems Howl with Rage Over Nuclear Option." From the Fox Nation:

fn_nuclearoption1

Van Susteren: "[Y]ears ago when it came to Republicans using reconciliation, Democrats were singing a different tune." On her February 24 Fox News show, Greta Van Susteren noted that Democrats want to use reconciliation to pass health care and said, "But years ago when it came to Republicans using reconciliation, many Democrats were singing a different tune." After playing the clips, Van Susteren told former Republican Sen. Rick Santorum that there "may be some hypocrisy on both sides of the aisle." Santorum later said, "It is, in my mind, Democratic hypocrisy, not Republican hypocrisy." [On the Record, 02/14/10]

Beck: "[T]hey all stood up and said this was such a bad idea." On his radio show, Fox News host Glenn Beck played clips from the Breitbart.tv video and said of the possibility that Democrats might use reconciliation: "Why are they threatening this so much? Especially when they all stood up and said it was such a bad idea." [Premiere Radio Network's The Glenn Beck Program, 2/24/10]

"Nuclear option" was coined by GOP in 2005 to describe a process to change Senate filibuster rules

Lott described proposal to change filibuster rules as "nuclear option." The term "nuclear option" was coined by former Sen. Trent Lott (R-MS), one of the leading advocates of the proposal to change the Senate rules on filibusters for judicial nominations. After Republican strategists deemed the term a political liability, Republican senators began to attribute it to Democrats. As Media Matters for America noted, at the time, many in the news media followed suit, repeating the Republicans' false attribution of the term to the Democrats.

Democratic senators in video weren't discussing reconciliation. The clips of Democratic senators aired were first compiled in a video created by the conservative website Naked Emperor News and promoted on Breitbart.tv -- where "NEN videos premiere." As Media Matters noted, the senators were expressing opposition to the proposal to change Senate rules to eliminate use of the filibuster for judicial nominations -- i.e. the "nuclear option" -- not the use of reconciliation.

Reconciliation is already part of Senate procedure, and Republicans have used it repeatedly

Reconciliation process is part of congressional budget process. The budget reconciliation process is defined by the U.S. House Committee on Rules as "part of the congressional budget process ... utilized when Congress issues directives to legislate policy changes in mandatory spending (entitlements) or revenue programs (tax laws) to achieve the goals in spending and revenue contemplated by the budget resolution."

Republicans repeatedly used reconciliation to pass President Bush's agenda. Republicans used the budget reconciliation process to pass Bush's 2001 and 2003 tax cuts as well as the 2005 "Tax Increase Prevention and Reconciliation Act." The Senate also used the procedure to pass a bill containing a provision that would permit oil drilling in the Arctic National Wildlife Refuge. (The final version of that bill that Bush signed did not contain the provision on drilling.)

Reconciliation has been used to pass major changes to health care laws

Reconciliation has repeatedly been used to reform health care. On February 24, NPR noted that many "major changes to health care laws" have passed via reconciliation. These measures include COBRA, which allows laid-off workers to keep their insurance coverage, and the State Children's Health Insurance Program.

Fox News has a history of conflating reconciliation and the "nuclear option"

Fox News repeatedly falsely labels reconciliation as "nuclear option." Fox News hosts and guests have repeatedly pushed the falsehood that the "nuclear option" refers to the budget reconciliation process. The Fox Nation and Fox News personalities like Hannity, Van Susteren, Dick Morris, Bret Baier, and Bill Sammon have all falsely compared reconciliation to the "nuclear option," and the Fox Nation has previously coupled its headlines with images of a mushroom cloud from a nuclear bomb:

fn_nuclearoption2

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    • Author by FGFM (February 25, 2010 9:26 am ET)
      4  
      Andrew Breitbart is a pathological liar.
      Report Abuse
    • Author by Tommy (February 25, 2010 10:21 am ET)
      1 5
      For anyone that hasn't actually seen the video you can find it here.

      http://www.breitbart.tv/obama-dems-in-2005-51-vote-nuclear-option-is-arrogant-power-grab-against-the-founders-intent/

      Pretty amusing actually. I'm sorry who's redefining what again?
      Report Abuse
      • Author by ScienceBuff (February 25, 2010 11:37 am ET)
        3  
        It's very clear. As stated, the right wing is redefining the term "nuclear option" from what it has meant in the past. Would drawing a picture help?
        Report Abuse
    • Author by The_Cat (February 25, 2010 10:33 am ET)
      8  
      Senatory Lamar Alexander has just brought up 'The tyranny of the majority' in reference to using reconciliation to pass health reform. Funny how it's only the tyranny of the majority when the Democrats are in charge, and the Will Of God when the Republicans are in charge.
      Report Abuse
      • Author by Tommy (February 25, 2010 10:34 am ET)
        1 8
        If it wasn't right previously, why should it be right now?
        Report Abuse
        • Author by The_Cat (February 25, 2010 10:41 am ET)
          7  
          You completely missed the hypocrisy, didn't you Tommy?
          Report Abuse
        • Author by carlileb5935 (February 25, 2010 5:47 pm ET)
          3  
          Because "it" was a totally different thing.

          What you have here, folks, is Republican defenders not being able to see that they are engaging in the blatant logical fallacy called 'equivocation,' which is giving one thing the same name as something else, and then trying to condemn it by using everything bad that is attached to the other object.

          Why do they do this? It's because they are dumb.
          Report Abuse
    • Author by bilbo_dies (February 25, 2010 11:03 am ET)
      6 1
      On his February 24 Fox News show, Sean Hannity aired clips of Democratic leaders and asked Fox News contributor Newt Gingrich,
      "What do you make of the hypocrisy?"

      Gingrich replied: "I resent the implication that we are being hipocritical. The GOP will do whatever it takes to regain power in America. Uh, what was that? Oh, you meant the Dems being hipocritical. Uh, never mind."
      Report Abuse
    • Author by Tommy (February 25, 2010 12:10 pm ET)
      1 6
      The debate is not even done and the plans are in place to shove this bill through.....

      http://www.politico.com/news/stories/0210/33510.html


      Well, I'm so glad the democrats were open to Republican ideas.
      Report Abuse
      • Author by ScienceBuff (February 25, 2010 12:34 pm ET)
        3 2
        Yes, they were. They bent over backward trying to include things that would garner republican support. Dozens of republican introduced amendments are part of the proposed bills. It was all a smokescreen on the part of republicans, none of whom ever had any intention of ever voting for any reform bill that was produced.

        Exclusion of republican input from the beginning would probably have produced a stronger bill than we're now likely to get. Regardless, the best approach now is to move forward with what we have and disregard the mock outrage of those who never negotiated in good faith from the beginning.
        Report Abuse
        • Author by SFnomad (February 25, 2010 2:49 pm ET)
          3  
          And you know, Republicans will vote against the bill, and then go back home to their constituents and take credit for the parts they like.
          Report Abuse
          • Author by highliter (February 25, 2010 3:07 pm ET)
            1 3
            Considering the majority of Americans oppose the current plan I doubt that.
            Report Abuse
        • Author by jchbwana (February 26, 2010 2:03 am ET)
             
          To be fair, I think Repubs couldn't swallow the overall approach of Health Care. Even to me it looks like a big step towards a single-payer system, and that just won't fly in a lot of constituencies. Even if they had got a couple of concessions (torte reform, MSA's, etc) - which they didn't get! - it is a bridge too far for right-wingers to take. I have to admit that I do not see any Health system in the world that has really worked well.

          You got to ask yourself who ever "negotiates in good faith", I don't know many politicians from either side that do that, and I don't see anybody doing it today. May Gaia strike me down, but the only guy ever to really "cross the aisle" was McCain, and both sides hated him for it.
          Report Abuse
    • Author by bludog1 (February 25, 2010 12:39 pm ET)
      1 5
      According to that purveyor of knowledge -- Wikipedia -- used the way the majority intends, the reconciliation process really is the nuclear option! Reconciliation was passed in 1974 to be used to resolve contentious budgetary issues without the threat of filibuster. Clinton wanted to use it to pass Health Care during his first administration but was turned back by Sen. Byrd (D-WVA).
      From that reading and a reading, also in Widipedia, about the nuclear option, when reconciliation is used for purposes other than the stated one in the statute, IT IS, IN REALITY, THE NUCLEAR OPTION.

      Report Abuse
      • Author by DellDolly (February 25, 2010 12:48 pm ET)
        3  
        Circumventing the filibuster is NOT the same as eliminating the filibuster, you Weasel.
        Report Abuse
        • Author by bludog1 (February 25, 2010 1:07 pm ET)
          1 5
          So now that you have vented, what exactly is your point. Each time a a rule, or law for that matter, is circumvented -- or summarily ignored as you seem to suggest - the dependability of the rule, etc. is weakened. As VP Biden noted during the last administration's threatened use of the nuclear option to move some nominations, that that is not a step to taken when one understands that the minority will again be the majority and the majority will again be the minority. J
          Report Abuse
          • Author by DellDolly (February 25, 2010 1:21 pm ET)
            3 1
            Circumventing the filibuster is NOT the same as eliminating the filibuster, you Weasel.
            Report Abuse
          • Author by southerngal (February 25, 2010 1:50 pm ET)
            1 5
            bludog,

            When Dolly doesn't understand something she just copies and pastes a previous post, punctuated with an insult for good measure.

            This is above her pay grade.
            Report Abuse
            • Author by DellDolly (February 25, 2010 2:12 pm ET)
              3 1
              What you do is make baseless personal attacks since your personal animus is so powerful.
              Report Abuse
              • Author by southerngal (February 25, 2010 2:21 pm ET)
                1 5
                You were the one who called bludog a "Weasel" for no reason. His post was respectful and thoughtful, and you hauled out a completely uncalled for ad hominem personal attack. So don't sit there and lecture anyone, hypocrite. You get what you dish out, to anyone you disagree with.
                Report Abuse
      • Author by ScienceBuff (February 25, 2010 12:57 pm ET)
        4  
        The nuclear option, as proposed by the republicans when they controlled Congress, requires a change of established Senate rules. Reconciliation is the application of existing Senate rules. That is a huge difference.
        Report Abuse
        • Author by bludog1 (February 25, 2010 1:24 pm ET)
          2 6
          When the reconciliation process is used, not for its intended, narrowly defined budget-related purpose as noted in my comment above, but to push through a contentious piece of major policy legislation that cannot overcome the minority's (both dem and rep) filibuster privilege, it is for all practical purposes the Nuclear Option,whether or not the process is formalized through a Senate vote on rules.
          Report Abuse
          • Author by ScienceBuff (February 25, 2010 1:35 pm ET)
            5 1
            That, bludog1, is what's known as redefining the term. Calling it the nuclear option "for all practical purposes" acknowledges that it doesn't meet the definition, but that you're trying to find a rationale for using the term anyway. Therefore, you twist logic to try to make it fit.

            The nuclear option involves a change in Senate rules to alter the terms of a filibuster. Reconciliation is application of an established Senate rule. They are two different things and it does no good to try to pretend that reconciliation has a different meaning now than it has had in the past.
            Report Abuse
            • Author by bludog1 (February 25, 2010 1:52 pm ET)
              1 5
              I will not argue the terminology differences to which you refer. That, in my view, is because those who propose reconciliation as the way to move healthcare, are applying the nuclear option without calling it that.
              Report Abuse
              • Author by ScienceBuff (February 25, 2010 2:21 pm ET)
                5  
                Even though the definition doesn't fit the act? You might as well say that they'd be applying square dancing to get the legislation passed.
                Report Abuse
              • Author by carlileb5935 (February 25, 2010 5:43 pm ET)
                3  
                Even if you want to call it the nuclear option, what the Dems were talking about in those clips was eliminating the filibuster-- a DIFFERENT nuclear option-- so to claim that they were talking about using the reconcilation process is dishonest.
                Report Abuse
                • Author by bludog1 (February 25, 2010 7:56 pm ET)
                    2
                  Don't think so. They have been talking about reconciliation for the past several months as a way to pass healthcare by 51 votes -- thereby denying the filibuster.
                  Report Abuse
                  • Author by DellDolly (February 26, 2010 12:12 am ET)
                    1  
                    For the third time...

                    Circumventing the filibuster is NOT the same as eliminating the filibuster, you Weasel.
                    Report Abuse
                    • Author by jchbwana (February 26, 2010 1:13 am ET)
                         
                      Huh? As it applies to this (Health Care) bill, if you "circumvent" it is same as "eliminating" for that case. Yes, Yes, I know the nuclear option was going to (as you say) "eliminate" filibuster on judicial appointments, but no one ever has suggested elimination of filibuster for legislation and, as you say, reconciliation is a circumvention. So you're right, but it is no comeback to bludog1's point. In fact, the difference between the two names increases the Dems hypocrisy rather than lessening it.
                      Report Abuse
            • Author by carlileb5935 (February 25, 2010 5:39 pm ET)
              3  
              The "nuclear option" that the Dems were referring to in those clips was the abolition of the filbuster rule.

              So it's grossly dishonest to claim that they were talking about using the reconcilation process-- for whatever purpose-- and then brand them as hypocrites. It's apples and oranges time.
              Report Abuse
              • Author by jchbwana (February 26, 2010 1:23 am ET)
                   
                I disagree, it is little apples and big apples. To rail against nuclear option in an unclear situation (judicial appointments), where no established rule applied, and then to scream for reconciliation, a clear established rule for budget-only legislation (which Health is much much more than) is to increase the hypocrisy.

                It is: By God, don't make a new rule that I don't like (nuclear option on appointments), but for sure don't make me play by an established rule that I don't like (reconciliation mis-applied to policy legislation)"
                Report Abuse
            • Author by jchbwana (February 26, 2010 1:03 am ET)
                 
              Not a CHANGE in Senate rules, the use of filibuster on judicial appointments had never come up (filibuster had only clearly applied to legislation, and in fact still only does). The nuclear option was an attempt to clarify a situation where no "rule" applied. The argument in 2005 was worth having, and it probably was good to argue FOR filibuster power on appointments, as Dems did.
              Report Abuse
          • Author by open_mind (February 25, 2010 4:10 pm ET)
            4  
            When the reconciliation process is used, not for its intended, narrowly defined budget-related purpose as noted in my comment above, but to push through a contentious piece of major policy legislation that cannot overcome the minority's (both dem and rep) filibuster privilege, it is for all practical purposes the Nuclear Option,whether or not the process is formalized through a Senate vote on rules.
            ...except that healthcare reform would seem to have everything to do with "narrowly defined budget-related purposes". It is a cornerstone of deficit reduction strategy as has been laid out by the Whitehouse repeatedly. Even by wikipedia's own terms that you cited, this form of reconciliation does not seem to fit the term "nuclear option".
            Report Abuse
            • Author by bludog1 (February 25, 2010 4:24 pm ET)
                3
              you missed the the thing that exempts it from reconciliation: that being major policy legislation (that parenthetically affects 1/6 of our economy)...that would otherwise not be passed by the Senate. For all that reconciliation deals with, it does not deal with comprehensive policy initiatives.
              Report Abuse
              • Author by open_mind (February 25, 2010 10:11 pm ET)
                   
                For all that reconciliation deals with, it does not deal with comprehensive policy initiatives.
                ...except that the budget is almost entirely comprised of "comprehensive policy initiatives" so I don't really see your point here.
                Report Abuse
                • Author by bludog1 (February 26, 2010 5:55 pm ET)
                     
                  a reading of the reconciliation rules and guidelines spells out clearly what qualifies and what does not. Sen. Byrd, the author of reconciliation, argued and voted against its use when Clinton tried to pass Healthcare through reconciliation back in 93/94.
                  Report Abuse
              • Author by jchbwana (February 26, 2010 1:43 am ET)
                   
                Exactly! This is precisely why it is hypocritical of those who screamed against nuclear option on judicial appointments to now claim that reconciliation is suitable for Health Care bill. Where nuclear option on appointments was reasonably debatable (there was no clear rule covering it), reconciliation on expansive policy legislation is a very clear misuse of an established rule.
                Report Abuse
            • Author by jchbwana (February 26, 2010 1:35 am ET)
                 
              Please, are you saying the expansive Health Care bill in its entirety fits "narrowly defined budget-related purposes"? Realize that the language of the rule is very strict, in fact, the Senate Parliamentarian is assigned the task of examining EVERY line item provision on "reconciled" bills and is required to strike non-conforming items, i.e., formation of committees or panels, assignment of policy decision powers to specific persons, or "ambiguous future actions." This is the "Byrd Rule" you have heard of, which is designed to prevent "abuse of power by the majority" on bills using reconciliation.
              Report Abuse
          • Author by jchbwana (February 26, 2010 12:58 am ET)
               
            There you go, a cool head prevailing. The nuclear option and reconciliation are same in spirit, that is, eliminate filibuster power of minority. The use of filibuster on judicial appointments was an arguable point in 2005 (there was no clear rule regarding its use on appointments) and Dems argued staunchly (perhaps rightly) for filibuster power over appointments. However it is a totally clear power on legislation since forever (at least back before color TV, remember Mr Smith goes to Washington?). Reconciliation is also an established rule (as of 1974) to very narrowly obviate filibuster power in BUDGET-ONLY bills. Been used about 25 times by both parties over the years, over more-or-loss small pieces of legislation.

            For Dems to rail violently for filibuster on appointments (i.e. against nuclear option) - an unclear use - and then scream to not use it (i.e. for reconciliation) - a clear misuse - is not just hypocritical, it is hyper-hypocritical (once again, I am forced to create new words to describe Liberal posturing).
            Report Abuse
      • Author by mrhebert74 (February 25, 2010 10:08 pm ET)
        2  
        IT IS, IN REALITY, THE NUCLEAR OPTION.
        ...wingnuts creating their own reality again... all-caps helps, too. Impressive.
        Report Abuse
    • Author by jose2 (February 25, 2010 1:47 pm ET)
      1 4
      This is the nuclear option.

      Your text to link here...

      It is inevitable that we will have to do what Mexico did in the mid 1990s where 1000 pesos became one peso.

      I would say that in the grand scheme of things it doesn't matter what legislation is passed because it will all be renegotiated in the next couple of years.


      Report Abuse
      • Author by bilbo_dies (February 25, 2010 2:51 pm ET)
        3  
        Josie, como esta usted, hombre.

        Although I appreciate where you are coming from, way off topic.

        The discussion is about how the GOP is "redefining the phrase 'The Nuclear Option'".
        Good try, though. Nice tie in with your home state of Mexico, even though there is no indication of hyper inflation at this time.


        Report Abuse
    • Author by T.M. Finney (February 25, 2010 9:52 pm ET)
      1  
      Really, what this is all about is that Republicans have been called hypocrites because they have been shown to publicly say negative things about stimulus spending (it has/does not create jobs, it is all wasteful spending on "pet/pork/useless/etc" projects that will drive America into the poorhouse, and so on) while privately writing letters (which they thought would remain private but thanks to some good investigative reporting, came to light) asking for money to fund projects in their districts/states and claiming that it would, indeed, create jobs. This disparity between their public comments and private requests was very bad for their image and for the momentum they seemed to have been building over the last several months.

      Faced with this reality, they had no choice to find themselves some Democratic hypocrisy of their own. Now, since they could not find any easily exploitable hypocrisy regarding the stimulus to throw back at their more moderate to liberal brethren, the Republicans decided to create some.

      They renamed reconciliation the "nuclear option," a term they themselves had previously coined to refer to changing existing Senate rules to circumvent the filibuster in order to approve right-wing judges appointed by President Bush to now apply to using existing Senate rules to pass budget-related portions of the health care bill.

      By doing this, it allowed them to use the H-word so they could compete in the media battle they suddenly found themselves losing. And it's all in a long line of con games they endlessly try to pull on the public at large, but especially those that watch FOX. These are the same people who bought, in no particular order: Sadam was in part responsible for 9/11, torture works and has saved American lives, we only wiretap bad guys, the health care bill proposed by the Democrats would require doctors to euthanize their elderly patients, that Republicans are the protectors or Medicare & Social Security, ACORN stole the election for Obama, etc.

      Unfortunately, you've probably won the battle for FOX viewers hearts. They are with you (sadly uninformed and, possibly, deluded, but with you). But you guys really are going to have to come up with better, verifiable arguments if you want to persuade people who aren't blinded by your far right-wing Republican philosophy.
      Report Abuse
      • Author by bludog1 (February 27, 2010 10:27 am ET)
           
        Please read the definition and history of reconciliation. It will, I have to believe, convince you differently. Otherwise, there is no reason for Senator Byrd, the author of reconciliation, to argue successfully against reconcilliation as the vehicle through which to vote on the Clinton Healthcare package in the 90s.
        Report Abuse

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