Surprise: Obama sends Berwick nomination to Senate
posted at 10:11 pm on July 19, 2010 by Allahpundit
I’m honestly shocked. Wasn’t the whole point of the recess appointment to avoid questions in a high-profile forum about Berwick’s fondness for NHS’s rationing authority and his views of health care as redistribution? Now, suddenly, Obama’s going to force Reid and company to deal with the Berwick headache three and a half months from the midterms? What possible logic could there be?
Obama’s effort to clear Berwick through the Senate on top of his recess appointment would grant his nominee the job indefinitely, as he would serve at “the pleasure of the president,” according to a White House aide.
The president originally nominated Berwick to the CMS post in April, but Republicans blocked the effort and have tied the nomination to their criticism of the health care overhaul. Obama broke the logjam earlier this month by using a recess appointment to install Berwick in the post, a tactic that Senate Minority Leader Mitch McConnell (R-Ky.) said illustrated the president’s attempt to “arrogantly circumvent the American people.”
Did GOP complaints about his use of recess appointments really weigh that heavily on him? Or have they somehow convinced themselves that re-fighting the ObamaCare battle right now is a good idea? I’m mystified by this.









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WTF? Okay, I’m confused…He TOTALLY did the ninja move with this one. Could it be…maybe..that he really sees nothing wrong with what this guy said?
CapitalistPig on July 19, 2010 at 10:14 PM
desperation begets stupidity?
aikidoka on July 19, 2010 at 10:14 PM
He bought off the Maine Girls and Brown.
Wethal on July 19, 2010 at 10:15 PM
I’m going to allow this.
Good Lt on July 19, 2010 at 10:15 PM
Diverting our attention from even more insidious actions I’m sure.
Metanis on July 19, 2010 at 10:15 PM
Why should Obama worry?
He’s a Marxist– rationing is “normal”
This is probably raising zero red flags at the WH
picklesgap on July 19, 2010 at 10:15 PM
Could it be that he now knows his power is secure, and now can do whatever he wants?
Inanemergencydial on July 19, 2010 at 10:15 PM
Here’s the ninja move:
http://www.youtube.com/watch?v=GuigcXvcy1A
CapitalistPig on July 19, 2010 at 10:16 PM
PBHO already has a guarantee from the congressional ‘rats that Berwick-Mengele will pass, the RINO’s are lined up and the votes have been counted. This is a sop.
Bishop on July 19, 2010 at 10:16 PM
groping. for. a. coherent. strategy…..
ted c on July 19, 2010 at 10:16 PM
Never underestimate the power of stupid.
SlaveDog on July 19, 2010 at 10:16 PM
Now, the GOP needs to take advantage of this crisis…
MeatHeadinCA on July 19, 2010 at 10:18 PM
A former German government leader also marched into France to the shock of his staff. This comment in no way suggests any other comparison between these two other than this—he may know something about his opposition that his staff does not fully understand or comprehend and is willing to proceed because he senses victory in the hearing. Nothing more, nothing less.
ted c on July 19, 2010 at 10:18 PM
He’s trying to refudiate us.
jimmy2shoes on July 19, 2010 at 10:19 PM
Since the new WV senator was sworn in, Reid actually only needs one RINO, assuming the Dem caucus holds together.
Wethal on July 19, 2010 at 10:19 PM
Tactical Leverage… If they keep the congressmen busy doing Obama’s work (Cap and Trade, confirming his people) then they can generate and drive press releases up through October showing them doing work. Republicans either go along or obstruct (they’ll obstruct) and Democrats will play that as “See, Republicans are in my way… I can’t do anything because they stop me”.
Win-win for Obama. They lose seats in the congress if they acquiesce to Republicans so there’s no sense in working with them. The only gamble here is they lose more seats then predicted if the press goes bad… but the press won’t go bad and they might be able to stem losses this way by hoodwinking the public.
Skywise on July 19, 2010 at 10:19 PM
Obama thinks his own s**t doesn’t smell, so it doesn’t shock me he would do something like this. He thinks he’s awesome and doesn’t play by the same rules as everyone else.
Illinidiva on July 19, 2010 at 10:20 PM
Two reactions:
1. What’s key is that they didn’t announce this maneuver when they did the recess appointment. If they had have done so, they could claim that this was “all a part of the plan.” Sending the Berwick nomination to the Senate now, suggests fracture — either among differing camps of advisors or between Obama and his advisors, or maybe Berwick told Obama he thought he would be compromised if he didn’t go through the senate review.
2. Is there any negative for GOP senators to vote against Berwick, now, after these shady moves by the White House? I’m having trouble seeing them.
Robert_Paulson on July 19, 2010 at 10:21 PM
I think he’s frontloading the nutjob statism so that he can do a hard pivot after the elections and make the Republicans own the economy going into 2012 (as a “post-partisan moderate”, natch).
DaveS on July 19, 2010 at 10:22 PM
Wow! A reprieve.
griv on July 19, 2010 at 10:23 PM
Slightly OT but more from Rollcall. One wonders if he’s made some kind of deal to get the RINO Three on board for everything he can from Berwick to DISCLOSE to cap & trade (the last has trouble with coal state Dems, though).
August 6 can’t come soon enough.
Wethal on July 19, 2010 at 10:23 PM
He is and always was a Marxist and anyone who is shocked ain’t payin’ attention.
thomasaur on July 19, 2010 at 10:23 PM
Unless he knows he has the votes…
WisCon on July 19, 2010 at 10:23 PM
Not fracture so much as tactical change. See Pelosi’ temper tantrum last week. Gibbs acquiesced and they’ve shifted strategies to attack the Republicans all the way til November. Suddenly all sorts of legislation is appearing on the books.
ROGUE
GOVERNMENT
Skywise on July 19, 2010 at 10:26 PM
He knows the GOP is full of chicken sh*ts; so he’s calling them on it.
SilentWatcher on July 19, 2010 at 10:26 PM
There’s something really wrong going on here.
BigWyo on July 19, 2010 at 10:27 PM
Is it me or is the Obama administration always reacting? Always throwing weak counterpunches. Sure the media that is not Fox carries his water and claims his weak habs are haymakers but this?
This more than anything clearly demonstrates his total disconnect to reality. This could be the Republicans “Bork.”
How on earth can Berwick defend what he has previously said in a way that helps tha administration? You take into consideration that most of the country wants this thing repealed and this seems like lunacy.
Off topic:
Romney better get some better messaging than “Rmneycare is not Obamacare” because as bad as Massachusetts healthcare is now,give it a year…
Theworldisnotenough on July 19, 2010 at 10:27 PM
Smart Power?
(not really)
cs89 on July 19, 2010 at 10:27 PM
Good grief! I almost want to think that Obama’s trying to put Congress in a tough spot so as to ensure their defeat in 2010. Kind of like the whole “Obama will do better in 2012 with a GOP congress than a Democrat congress” theory. But that makes no sense because it’s Obama’s appointee! This is strange. I’ve got no theory.
Weight of Glory on July 19, 2010 at 10:27 PM
Surely there are more videos of Mr. Berwick. Let the digging begin!
wren on July 19, 2010 at 10:28 PM
I can’t see how they can have hearings before the summer recess, so this will be on tap for the fall campaign season? Are they so afraid of losing in November that they’re going for broke with every lefty vote they can?
Wethal on July 19, 2010 at 10:28 PM
Seems to me The Zero knows how toxic 0bamaCare is going to be already at the polls – the recess appt. of Berwick as, basically, the director would have provided a fresh, crowning insult that maybe the Dems realized would hurt them more than just shoving him through the Senate like they are with Kagan.
cane_loader on July 19, 2010 at 10:29 PM
Why do I have a feeling that there is something out there…
… something so damaging to Obowma that his team is thinking of doing ANYTHING to divert and suspend the public’s attention?
… One can only guess.
Seven Percent Solution on July 19, 2010 at 10:29 PM
That’s why. He wants him so bad that he’s taking a gamble (which might not be much of one) on getting the guy permanently confirmed, so he won’t get voted out by a possibly GOP Congress.
YehuditTX on July 19, 2010 at 10:30 PM
I don’t know how he can. Who on the GOP side would vote to confirm this guy, given that every redistributive, socialist, boogeyman has its bureaucratic form in this guy? Scott Brown wont offer any cover, I assume. That leaves every other Republican completely exposed. Who wants to step in front of that freight train this close to 2010?
Weight of Glory on July 19, 2010 at 10:31 PM
Captain Kick Ass-Backwards.
joejm65 on July 19, 2010 at 10:32 PM
I’m sure that’s the plan. If the Republicans fix the economy, he and Biden will take credit for it (like Iraq) and if they don’t, they couldn’t fix it with their old, broken down, capitalist ways…just like he’s been saying.
What I’m more concerned about is if the Republicans don’t get a controlling majority but a filibuster controlling majority which is VERY likely. Congress will become deadlocked and Obama will have no political room to work with the Republicans with this scorched earth tactic…Without the legislative body, nothing will get done… But maybe that’s what Obama wants… Obama will get to rule by executive fiat to “get things done”, recess appointments, czars and executive orders… and the legislative body won’t be able to stop him.
heh… and that’s probably why he doesn’t want to spend the remaining Tarp money… He’s gonna need it.
Skywise on July 19, 2010 at 10:32 PM
I say he’s rolling the dice, going for broke. Despite his supposed no drama schtick, I’ve always seen a gambler underneath. He figures if he pulls this off, he saves the November election.
It’s a bold move and we all better hope some Repubs (I’m looking at you Scott Brown) stand up and throw this into the fan.
MaxMBJ on July 19, 2010 at 10:33 PM
“The son of Satan shall rise in the world of politics.”
carbon_footprint on July 19, 2010 at 10:33 PM
Maybe the Dr. Berwick will need more time then the recess appointment will give him to accomplish what Mr. Obama needs.
Cindy Munford on July 19, 2010 at 10:33 PM
I take it back – 90% of the voters aren’t paying attention at all.
I’m mystified, too. Obviously, decisions are flying at 0bama faster than they can be decisively made. he wanted a do-over, maybe.
cane_loader on July 19, 2010 at 10:34 PM
I think you’re on to it. Obama is, by demagogic nature, always behind people–kicking them in the ass. He, and Congress by proxy, needs strawmen so they can kick their asses. What better way to set up Republicans as the opposition/party of no than to give them a big fat nomination to say “no” over and over again to. It’s a self-destructive tactic, but its a tactic nonetheless. They’ll get some payoff from forcing the R minority into opposing this guy, IMO.
ted c on July 19, 2010 at 10:34 PM
He thinks the GOP will cave (or some ONE GOP will). I would not bet against this.
SouthernGent on July 19, 2010 at 10:35 PM
Pay back for Pelosi attacking Gibbs…
Is this the first real indication that Obama doesn’t like Pelosi and Reid?
Does he see the only way he gets re-elected is by having them lose control?
right2bright on July 19, 2010 at 10:35 PM
Please post Napolitano’s speech on hotair
Spathi on July 19, 2010 at 10:36 PM
It’s easy to understand what Obama is doing here …
Pretty much, he’s given up on most of the independent voters. Right now, he wants to galvanize his left wing base and whip them up. That’s why he’s destroying jobs on the Gulf Coast with his repeated executive orders to destroy the oil drilling industry here. That’s why he’s attacking the Arizona law while turning a blind eye to sanctuary cities.
I personally believe that he wants to lose congress to the GOP – but in any case, right now he’s going for solidifying and energizing his base. That will be the theme of the rest of his presidency (all one term of it).
He wants this battle on Capital Hill – he wants to rehash ObamaCare and whip up his base.
Expect more “lefty nut job” moves by him before the elections. I wouldn’t be surprised if he attempts to actually close GITMO between now and November.
HondaV65 on July 19, 2010 at 10:37 PM
Perplexing!!!!!!!!!!!!!
canopfor on July 19, 2010 at 10:38 PM
You guys are way overthinking this…
Berwick can’t serve for longer than a year anyway without the congressional approval (I believe). So he’ll be out by Christmas/January ANYWAY. If he loses the nomination, Berwick stays in the office for the same amount of time. No difference in the result. If he gains the nomination, Obama wins and gets his way all the same.
NO truth will come out of the nomination. Like Kagan they’ll discuss Berwick’s thoughts of Toy Story 3 rather than discuss issues of substance… and if the Republicans try, Berwick will be trained to deflect and not answer the questions.
More importantly it’s an excellent diversionary tactic to promote the Republican obstructionist message leading into the election.
Skywise on July 19, 2010 at 10:38 PM
Interesting. Could this be the third he-did-the-moral-thing of Obama’s administration? The first two being his Pakistan drone policy and his giving the firing orders for the pirates. If so, I’m honestly touched.
Splunge on July 19, 2010 at 10:39 PM
The only way Obama gets reelected is if he has a GOP congress. The Dems are being thrown overboard in order to save the captain of the U-Obama
faraway on July 19, 2010 at 10:39 PM
The only way Obama gets reelected is if he runs in Kenya.
Emperor Norton on July 19, 2010 at 10:40 PM
Yup. I don’t think he’s given up on the independent voters though… I think he’s hoping to snag some of them back with his “positive” message. He only needs enough to stop Republican takeovers. (Although I agree they’d be happier if Republicans do take control but it’s better to have power than not)
Skywise on July 19, 2010 at 10:40 PM
The Berwick nom is a huge electoral albatross. O made the calculus and decided to take the hit in the midterms rather than risk Sarah Palin “Dr. Death Panel” ads in 2012.
Jorge Bonilla on July 19, 2010 at 10:41 PM
Is July 19th officially April Fools day now?
portlandon on July 19, 2010 at 10:41 PM
Well if they can get this freak to open up in a televised confirmation hearing…good lord…..I know Obama and the Demotards are tone deaf but wow….
BigWyo on July 19, 2010 at 10:41 PM
This is not a surprise…BoBo sees the writing on the wall. He will never have a senate so compliant after November.
JIMV on July 19, 2010 at 10:41 PM
Who was that Nazi guy who parachuted into the U.K. expecting to be met by “friends”?
This is sorta’ like that.
Lourdes on July 19, 2010 at 10:41 PM
I doubt they will stop him but at least some might hear what he is and what he believes. Dr. Berwick is a scary guy.
Cindy Munford on July 19, 2010 at 10:42 PM
I blame the Maine lobstuh.
Lourdes on July 19, 2010 at 10:42 PM
You can be assured its a distraction! Something really really bad in that Washington post report?
Janet Napolitano wouldn’t be spying on American Veterans, Tea Partiers or Bitter Clingers I, would HE?
dhunter on July 19, 2010 at 10:42 PM
He’s sacrificing the guy to be able to claim Republicans have blocked his benevolent dictates at every pass.
Why, the meanies won’t even let him appoint such a highly qualified administrator for the health care the country so desperately needs.
It’s all you will hear about for the next 3 months.
Side benefit. It’ll get his base frothing at the mouth.
notagool on July 19, 2010 at 10:42 PM
He has no morals and every move he makes is politically motivated.
thomasaur on July 19, 2010 at 10:43 PM
Agreed. Maybe Obama sent his nom. to the Senate because Obama just went, “wow, the guy is White”.
;)
Lourdes on July 19, 2010 at 10:43 PM
Total incompetence.
Valiant on July 19, 2010 at 10:44 PM
I think Berwick can serve until the end of 2011. A congressional term might be two years of one session each.
Wethal on July 19, 2010 at 10:44 PM
No. No, it could not be. Nothing Obama has done is morally motivated or inspired. His idea of “justice” is putting a big foot out in front of the running working people. IF they’re not Black. Or Republicans.
Lourdes on July 19, 2010 at 10:45 PM
Was it til the next congressional session? I guess Bolton served for two years as UN ambassador and that was a recess appointment… I’m too lazy to google it. But I still say its a no lose situation for Obama. If the nomination fails Berwick stays for the same amount of time he is right now.
Skywise on July 19, 2010 at 10:47 PM
So why not just wait ’til the post-election lame duck session of congress.
Robert_Paulson on July 19, 2010 at 10:47 PM
Don’t trust him.
Watch the other hand.
SalHansen on July 19, 2010 at 10:49 PM
It’s not really true that the Republicans were blocking Berwick’s testimony. The democratics were delaying it again and again because they didn’t want him in the well where Republicans could question him on live tv and make his wacky beliefs known to the public. They didn’t want to relight the Obamacare conflagration just before the election.
Whether Reps could have mustered the votes against him or not would have depended on how the hearings went.
Is it possible that Bammie didn’t know that a recess appointment is temporary, and he was just informed? Naah, that’s not possible, after all, he was a Constitutional law perfesser.
slickwillie2001 on July 19, 2010 at 10:49 PM
Does Obama want this to be a red herring issue in the fall rather than repeal of Obamacare, the economy and the deficit?
If they make an issue of Berwick, Obama slides by on the other issues, and if they don’t make an issue, Berwick slides through?
Wethal on July 19, 2010 at 10:49 PM
…and Bury gets to use the ‘obstructionist republicans’ meme. win/win
thomasaur on July 19, 2010 at 10:49 PM
The press and some liberal pundits actually did give Obama a “little” bit of a hard time about this recess appointment.
..I agree with others that the media attention and complaining from his base made him blink here.
…..This could be a real gift to the GOP.
………The Health Care bill has been torn apart pretty well by even the liberal press….it will be good to get all of Obama’s lies front and center.
Combine this with Mr. “Rationing” socialist views being aired and that 50% of America that believes Obama is a socialist just went up another 10 points.
…I am going to guess that the Obama administration has already coordinated with the press how to spin the socialist views of Berwick to make any criticism out to be fear mongering instead of legitimate debate.
Baxter Greene on July 19, 2010 at 10:51 PM
Give that man a bubblegum cigar. Sugarless, of course.
Timothy S. Carlson on July 19, 2010 at 10:51 PM
Because it’s a diversionary tactic. He’s going to use the nomination to overload the press for the next 3 months. (along with other things) The press will happily talk about what Obama wants to talk about and ignore any counter press from the Republicans.
Skywise on July 19, 2010 at 10:53 PM
They obviously see an advantage in getting this over with or hope to use the Senate objections as proof of some make-up smear.
Conan on July 19, 2010 at 10:54 PM
Obama was looking at the tea leaves and with the recess appointment only lasting until January 2011 when Speaker Boehner and Senate Majority Leader Kyl are sworn in along with the 250 and 51 republican congress and senate member respectively of the 112th congress.
He/they knows that with the confirmation that can happen in the lame duck session Berwick can be there as long as he and Obama wants.
tjexcite on July 19, 2010 at 10:55 PM
right, they’re laying out a hand grenade and hope the GOP will pull the pin so it’ll blow up in their faces. They may not understand that they get exposed during these hearing in addition to the opposition.
ted c on July 19, 2010 at 10:56 PM
They want it for life and fear if the GOP does well Berwick will never hold the position for good. This is their last best chance for that, you want an explanation, they are AFRAID OF THE MIDTERMS!
rob verdi on July 19, 2010 at 10:58 PM
Oh goody.
For the next month the lamestream media will be mocking the GOP, for spreading their hate-mongering, scare tactics of “death panels” and silly claims of “socialist” medicine.
Can’t wait.
It all fits into their mid-term agenda.
The right hate poor people and the unemployed… They’re racists, fear mongers, dillusional, etc.
It’s all a game to them.
SalHansen on July 19, 2010 at 10:58 PM
Absolutely. Look at what Obama’s already said over the past few days about how the economy is coming back but it’d be BETTER if the Republicans hadn’t gotten in the way. That’s not unintentional.
My guess is he’ll turn cap and trade into Stimulus 2 along with the Berwick nomination and maybe one other thing. Then he’ll drive it as a 3 ring circus all the way to the election.
Yeah. There’s some other action in this too. A lot of Democrats didn’t like Berwick either. With this strategy, Obama gets to force them to vote for Berwick or risk not getting campaign money…
Skywise on July 19, 2010 at 10:58 PM
Thanks to Obama! This is a fight I’ve been DYING to revisit.
I’m sure voters will love to hear all about how their future health care will be rationed. All with just a little under four months to go before election day.
Vyce on July 19, 2010 at 10:59 PM
Obama knows that this is his last chance at getting Berwick through the Senate because the Republicans will hold enough power to stop him after November.
It’s now or never for anything Obama wants to get done.
RJL on July 19, 2010 at 10:59 PM
I see my point was already noted but “why not wait until the lame duck session” some may say they are already in a lame duck session they just don’t want to admit it.
tjexcite on July 19, 2010 at 10:59 PM
The Senate might not be the same after the election. There are several seats that are special elections filling seats vacated by death or resignation:
Delaware (Biden)
Illinois (Obama)
New York (Clinton)
Colorado (Salazar)
Florida (Martinez)
West Virginia (Byrd)
Some of these seats might be immediatly filled, as was to happen after Brown was elected (although the SoS dragged his feet to allow the Kennedy flunky a few more votes).
Depending on state law and who the SoS is, some could take their seats immediately, and if it is a GOP win, the Dems drop below 59.
Wethal on July 19, 2010 at 11:01 PM
He appointed him. Is he really putting himself in the position of having to withdraw that appointment if the Repubs can stand together and get some Dems on their side- ones who might not like what they see in this guy?
journeyintothewhirlwind on July 19, 2010 at 11:01 PM
From A Christmas Story:
Obama just stuck his tongue to the pole, and the GOP had better make damned sure that it sticks.
BuckeyeSam on July 19, 2010 at 11:03 PM
He thinks he is right and needs just one more chance to convince us of that fact. This will actually help with midterms (he thinks).
tommylotto on July 19, 2010 at 11:04 PM
Repeat of ’94 = repeat of ’96.
Genius in its own way.
RachDubya on July 19, 2010 at 11:05 PM
That’s so cute. 8^)
thomasaur on July 19, 2010 at 11:05 PM
Maybe Obama finally realized that without Senate approval his appointment of Berwick would expire at Christmas recess and he would not be able to be reappointed to the position unless he was confirmed by the Senate(the Ambassador Bolton problem). However, Obama has burned his bridges with the republicans in the Senate, and I doubt there are any republicans who would vote for Berwick’s appointment now. He’s toast.
eaglewingz08 on July 19, 2010 at 11:06 PM
Does Breitbart have a Berwick video he’s sitting on? Is Berwick about to go under the bus?
Just a thought.
SlaveDog on July 19, 2010 at 11:08 PM
On the flip side, if the Republicans could get some Dems to publicly denounce Berwick and shut down the nomination the whole thing would blow back in Obama’s face (and probably collapse the whole strategy…)
But that would require somebody in the GOP leadership capable of orchestrating a campaign… Steele? McCain?
Well.. it’s nice to dream…
Skywise on July 19, 2010 at 11:10 PM
Um, No, no, and no.
This is the political equivalent of a “Hail Mary” pass.
He knows he’s gonna lose in November, but if he’s stacked the deck with political appointees, he thinks he can end-run the other co-equal branches. The scary chit: he may be right…the way things are going, it may not matter what congress does. The tzars may ultimately be making policy..that scares the chit out of this pupster!
Chewy the Lab on July 19, 2010 at 11:15 PM
simple:
berwick is a “true believer” and asked for this.
reliapundit on July 19, 2010 at 11:18 PM
I wonder if Harry can get Ben Nelson, Blanche Lincoln and Mary Landrieu on board for this, given the heat they took for the carve-outs they got in Obamacare. Lincoln may have been given up for dead, and promised an executive branch job when she loses is she plays nicely with others now.
Landrieu and Nelson would not want some of Berwick’s wacky policies kicking in in 2012, too.
Wethal on July 19, 2010 at 11:23 PM
I’m migrating to the point-of-view that Obama/Rahm/Pelosi/Reid have an August “shock and awe” planned where they try to muscle through every last piece of controversial legislation including cap-and-trade, immigration reform, Berwick, maybe even EFCA.
Robert_Paulson on July 19, 2010 at 11:25 PM
If the GOP takes the House…it holds the purse strings. All appropriations bills must originate in the House.
Wethal on July 19, 2010 at 11:25 PM
According to Rollcall, they do want to try to push through DISCLOSE, the campaign finance law. They’re courting the Maine Twins hard on that, too.
Wethal on July 19, 2010 at 11:27 PM
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