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Right-wing media seize on baseless claim that Obama exchanged job offer for Specter's Kagan vote

July 16, 2010 1:25 pm ET — 13 Comments

Following a report by ABC's Jake Tapper based on unnamed sources, the right-wing media baselessly suggested that Arlen Specter was offered an Obama administration job in return for his supporting Elena Kagan's Supreme Court nomination. In fact, no one has provided evidence that Specter has been offered a job, let alone offered a job in exchange for his vote, and another report quotes a source denying that any discussion about jobs even took place.

ABC's Tapper reports that "sources" say there are "preliminary" discussions of a job for Specter in the Obama administration

Tapper: "An Obama Administration Job for Sen. Specter?" In a July 15 blog post, titled "An Obama Administration Job for Sen. Specter?" ABC News' Jake Tapper wrote that anonymous sources said Specter told the White House he "would like to consider remaining in public service after his Senate term ends at the end of this session, and White House officials are keeping an open mind about possible job openings for him."  Tapper added that "sources said the job discussions are far from anything other than preliminary, and were not part of any 'deal' when Specter switched parties and began supporting President Obama's agenda in earnest."  From the post:

Sources tell ABC News that Sen. Arlen Specter, D-Pennsylvania, has informed the White House that he would like to consider remaining in public service after his Senate term ends at the end of this session, and White House officials are keeping an open mind about possible job openings for him.

[...]

Sources said the job discussions are far from anything other than preliminary, and were not part of any "deal" when Specter switched parties and began supporting President Obama's agenda in earnest. Neither the White House nor Specter had any comment.

Talk of such a job, however, has raised eyebrows among Specter's Republican Senate colleagues, who are now eyeing his votes with added scrutiny. For instance, Specter seemed not particularly impressed with Supreme Court nominee Elena Kagan, whose nomination as solicitor general Specter opposed last year. This week, he announced support for her Supreme Court nomination.

Right-wing media run with Tapper's report to baselessly suggest Specter made a deal for his vote on Kagan

Drudge: "Specter's YES Kagan vote; Obama job offer." On July 16, Matt Drudge baselessly suggested that Arlen Specter was offered an Obama administration job in return for his supporting Elena Kagan's Supreme Court nomination:

drudge screen shot

Hot Air: "Quid pro quo, Barry." In a July 15 blog post, titled "Specter to Obama: Um, can I have a job in your administration?" Hot Air's Allahpundit ran with Tapper's unsourced claim that Sen. Specter wants a job in the Obama administration.  Allahpundit even went so far as to rehash the debunked smear that Obama attempted to "bribe" Rep. Joe Sestak (D-PA) with a job, in exchange for Sestak dropping out of the Senate primary race against incumbent Specter.  From the post:

Alternate headline: "Confirmed: Obama bribed the wrong Pennsylvania Democrat."

[...]

As Tapper notes, it's quite a coincidence that after making so much noise about how disappointed he was in Kagan, Specter's finally decided to vote for her. Quid pro quo, Barry.

NRO: "Who knows, maybe Joe Sestak's position on the Intelligence Advisory Board was still open." In a July 15 post, NRO's Carrie Severino speculated on why Specter decided to support Kagan's nomination and baselessly linked Specter's decision to reports that the administration sent former President Bill Clinton to see if Sestak was interested in an unpaid advisory position:

Specter voted against Kagan when she was up for confirmation to her current post as solicitor general because she was not forthcoming in answering his questions. Nothing of substance of changed. Specter lost his primary even after switching parties in hopes of prolonging his career, so his Senate career ends this year and he no longer needs to curry favor with any party or even his own constituents. So why abandon principle now? Who knows, maybe Joe Sestak's position on the Intelligence Advisory Board was still open. [emphasis added]

There is no evidence of a job offer and even reports of job discussions between Specter and the White House are disputed

Tapper's sources do not allege a job offer has been made, only that "preliminary" job "discussions" have been had. Tapper's report noted that, according to his anonymous sources, Specter merely informed the White House that he was interested in remaining in the public sector after he left the Senate and that the White House was "keeping an open mind" about the possibility. According to Tapper, his sources also "said the job discussions are far from anything other than preliminary."

Roll Call reports that source says "at no time have [Specter and Obama] discussed the possibility of Specter joining the administration."  In an article tilted "Source Says Specter Hasn't Had Job Talks With Administration," Roll Call reported that a source said "at no time have [Specter and Obama] discussed the possibility of Specter joining the administration."  From the July 15 article:

Sen. Arlen Specter's professional future remains cloudy at best, despite reports that the Pennsylvania Democrat has discussed possible positions with the Obama administration.

According to a source, while Specter has met with Barack Obama several times since he became president last year, at no time have the two discussed the possibility of Specter joining the administration -- and no similar talks have occurred with other administration officials.

Some Republicans have questioned whether the reports of a possible job offer are tied to Specter's endorsement Thursday of Elena Kagan's Supreme Court nomination. Specter was far more aggressive in his questioning of Kagan than most Republicans on the Judiciary Committee, and the GOP has long suspected that a potential administration slot was used as bait to persuade Specter to switch parties last year.

But the source rejected those arguments, pointing out that Specter, while endorsing Kagan in a floor speech, criticized her but said he found her qualified to serve on the high court.

The source also said that the only positions Obama has offered to Senators have been Cabinet slots -- Secretary of State Hillary Clinton and Interior Secretary Ken Salazar both served in the Senate with Obama -- and that there are no open positions in Obama's Cabinet.

The source argued that Specter would not "take a step down" and that it is unlikely that Obama would dangle a lesser slot as a possible enticement for Specter.

Specter's office did not return requests for comment.

Contrary to Hot Air's claim, legal experts have disputed that Sestak offer was a bribe

Washington Post: Unpaid position offered to Sestak not a "bribe." Administration officials reportedly asked former President Bill Clinton to meet with Sestak to gauge whether he would have interest in an "unpaid position on the President's Foreign Intelligence Advisory Board" or if he was still interested in running for Senate. Sestak reportedly was not interested in the position, and, as The Washington Post reported: "Melanie Sloan, the executive director of Citizens for Responsibility and Ethics in Washington, says there's no 'there' here. This couldn't be bribery, she says, because the position was unpaid."

Bush ethics lawyer calls claim that a job offer is a "bribe" "difficult to support." In a post on the Legal Ethics Forum blog, former Bush administration chief ethics lawyer Richard Painter wrote: "The allegation that the job offer was somehow a 'bribe' in return for Sestak not running in the primary is difficult to support."

Sloan: "There is no bribery case here." Talking Points Memo's Zachary Roth reported in a May 25 post that "several experts tell TPMmuckraker this is much ado about nothing" and quoted Sloan saying, "There is no bribery case here. ... No statute has ever been used to prosecute anybody for bribery in circumstances like this." Sloan also said: "It's not at all about whether there was actual criminal wrongdoing. ... It's about how to go after Sestak." 

Right-wing media's history of seizing on absurd White House "bribe" allegations

Right-wing media seized on completely baseless allegations that the White House attempted to bribe Rep. Matheson to vote in favor of health care reform, by appointing his brother to the appeals court. Numerous right-wing media figures repeatedly accused Obama of "selling judgeships for health care votes" by claiming that Obama appointed Rep. Jim Matheson's (D-UT) brother to the United States Court of Appeals in order to get him to change his health care vote from "no" to "yes." The White House, former Bush Judge Michael McConnell, and Sen. Robert Bennett (R-UT) all conclusively debunked the smear. Matheson ultimately continued to vote "no" on both the Senate's health care bill and the reconciliation package.

Right-wing media ran with false claim that White House offered Romanoff a job to bow out of Senate run. Conservative media falsely claimed that the White House offered Andrew Romanoff a job if he were to bow out of the Colorado Senate race, despite the fact that both Romanoff and the White House denied that any job offer was ever made. The White House later explained that Romanoff had previously applied for a position with the administration during the presidential transition, and that Messina followed up with him "to see if he was still interested in a position at USAID, or if, as had been reported, he was running for the U.S. Senate."

Experts: Job discussions "trivial," "garden-variety politics," "unexceptional." Legal experts have pointed out that the Romanoffand Sestak job discussions violated no laws. Moreover, political experts and historians have pointed out that such offers are common. For example, University of Virginia political science professor Larry Sabato called the allegations "garden-variety politics" and "absolutely trivial." He added, "Let's stop criminalizing garden-variety politics, which is what this is." Similarly, historian George Edwards reportedly stated: "There is no question whatsoever that presidents have often offered people positions to encourage them not to do something or make it awkward for them to do it. Presidents have also offered people back-ups if they ran for an office and lost. All this is old news historically." And Ron Kaufman, who served as President George H.W. Bush's political director, reportedly stated, "Tell me a White House that didn't do this, back to George Washington."

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    • Author by southerngal (July 16, 2010 1:58 pm ET)
      1 2
      So Specter opposed Kagan for Solicitor General, but in a year's time has now come around and approves of her getting a lifetime appointment on the highest court in the land?

      No eyebrow raising red flag there.

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      • Author by MidnightWriter (July 16, 2010 2:17 pm ET)
        1 1
        It's worth noting that Specter was still a Republican back in 2009 when Kagan received the appointment.

        Mind you, I'm no fan of Specter, but I think this particular contradiction has more to do with those old, tow the party line political games.
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        • Author by southerngal (July 16, 2010 2:35 pm ET)
          2 1
          Considering Specter is a man of questionable principles, in my opinion, switching parties so he could retain his seat and then lost it anyway (karma), you are probably right in his towing the party line theory. But that isn't exactly a feather in his favor for not exchanging a job offer for a vote.

          I wouldn't put it past him.
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          • Author by MidnightWriter (July 16, 2010 2:41 pm ET)
            1  
            Absolutely not, but speculation on whether or not he's been bribed is a loooong stretch from actual proof.

            I think it's a given that if he wishes to have any political position again he needs to play ball the the Democratic Party on this. One political bridge has been burned. He certainly doesn't want to torch another.
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            • Author by southerngal (July 16, 2010 2:45 pm ET)
              1 1
              These types of things will rarely if ever get proven. That is the benchmark that MMfA puts out there knowing full well that will never happen. Unless Obama or Specter come out and say Yeah, there was an exchange, what proof is there going to be? These are circumstantial, and the circumstances look suspect for Specter, considering his cavalier attitude towards and against political allegiances - and his looking out for #1 above all else, even at the expense of personal principles.

              Besides, what future does he have with the Democratic party? None that I can see. Right now he is no more than a useful idiot.
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              • Author by MidnightWriter (July 16, 2010 2:57 pm ET)
                1 1
                Disagree. MMFA is showing how a few have been raising the bribe flag--based on information obtained from an anonymous source that basically said, there might be a job opening for him sometime in the future. There's nothing in the Tapper report that suggests any deals have been made.

                They're making charges with nothing to back up those charges. That's misinformation.
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                • Author by southerngal (July 16, 2010 3:02 pm ET)
                  1 1
                  I would counter with Specter's flip flop on Kagan from 2009 to now, his tough questioning of her in the hearings and then his sudden approval of her nomination now. Those are circumstances which raise flags and eyebrows.

                  These reports are not saying it is for certain, they can't. They are offering up suspicious circumstances, rightly so. For MMfA to call it misinformation because there is no admission from Specter or Obama is just ridiculous. There will never be that, even if Specter does get some job. It's phony outrage from MMfA.
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                  • Author by MidnightWriter (July 16, 2010 3:17 pm ET)
                    1 1
                    Nothing phony about pointing out that these questions about any "bribe" are nothing but gossip being pushed by those with a clearly partisan view.

                    This site is about journalism. We're not seeing any journalism in these pieces. We're seeing people run with the idea that Specter will soon be out of a job + Specter may one day be considered for an administration job + the vote on Kagan will come soon + Specter will most likely vote in favor of her appointment = BRIBE!

                    In the meantime, you and I have constructed a far more reasonable equation. Specter is a shameless politician who switched parties + Specter lost his reelection bid = Specter needs to play ball if he's looking for any jobs in the future.

                    Speculation is not fact. Again I'll say this is gossip rag material. MMFA pointing to it and calling it out is justified.
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                    • Author by southerngal (July 16, 2010 3:22 pm ET)
                      1 1
                      Well, Tapper's report is not gossip, he says "Sources". Now you can question those sources and say that could be in question as well, or call him a liar, but to then offer the rebuttal that there is no "proof" is asking for something that will never happen, and MMfA knows it.

                      There are these unnamed sources all the time that come from Washington insiders who don't want to be named. That is the way many of these reporters get scoops and stories, it's a town full of squealers and off the record reporting. This is no different. For MMfA to hold this up to some exclusive standard of absolute proof and anything less than that is "gossip" or lies, is just silly.

                      Take it for what it's worth, as one should for any of these type stories. If you connect the dots it could very easily be the case.
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                      • Author by MidnightWriter (July 16, 2010 3:41 pm ET)
                        1 1
                        I don't see MMFA taking issue with Tapper's article which clearly states that his sources say there have been nothing but preliminary discussions and that no deals have been.

                        I do see them taking issue with those who used that piece as a spring board to they're in the middle of hammering out the details as we speak and close to a deal!

                        The problem with this particular game of connect the dots is the spots on the page aren't numbered and there's nothing that requires you to use only straight lines and to only hit each point once. Futuremore it seems like Drudge, Hot Air, and NRO have purposely spilled ink on the pages, turned it into a kind of Rorschach test blot, and, not content to leave it at that, they're feeding their readers the "correct" answer.
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                      • Author by ForTheLoveOfEllipsis... (July 16, 2010 4:03 pm ET)
                        2 1
                        Well, Tapper's report is not gossip, he says "Sources".

                        And for all we know, those "sources" might be the janitor in Glenn Back's studio! I could--with absolutely equal validity--claim that "sources" told me that John Boehner is shtuping pre-teen boys in the RFK Stadium rest rooms. All I need is for someone to tell me that, and--presto change-o!--"Sources"! It's a standard tabloid stunt--get some "personal assistant" to a celebrity to say something outrageous about their employer, and--presto-change-o!--"Sources"!

                        Now you can question those sources and say that could be in question as well

                        Not if we don't know who those sources are! How exactly do we question a source whose identity is unknown? Psychic projection?...
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                        • Author by MidnightWriter (July 16, 2010 4:17 pm ET)
                          2  
                          Well, the use of unnamed sources is not unusual, and, more often than not the reporter doing the writing has spoken with someone who actually has some direct knowledge on the circumstances (hello, Karl Rove--are you listening?).

                          Of course that's not to say those unnamed sources are unbiased and may well be pushing an agenda of their own (hello, Karl Rove--are you listening?).

                          Nevertheless, the problem here is that the Tapper piece has been warped from people have been talking about possibilities to BRIBE! And that's the type of wretchedly bad journalism I want to see called out.
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                          • Author by ForTheLoveOfEllipsis... (July 16, 2010 4:26 pm ET)
                            2  
                            In reality, as flawed as Tapper's piece was, it's not really the problem; the problems lie with Drudge/HotAir/NRO/etc. (yes, Virginia, more will be piling on soon!) using the story to push their agenda. Occam's Razor in action: the simplest explanation for the supposed "yes" vote (remember, it hasn't taken place yet) after his initial skepticism would be that he was sufficiently impressed or mollified by her testimony that he decided he could live with her on the bench. Linking the supposed vote with the supposed job--before either has even happened, if you please!--is simply playing pre-emptive post hoc fallacy. A Fox/Drudge/Beck/Limbaugh/HotAir/Breitbart/etc. etc. etc. specialty, of course...
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