What is it that makes second terms so politically treacherous? Received wisdom tells us that scandal is rooted in hubris – a newly re-elected President, having stared down the threat of political extinction, now thinks himself invulnerable, and soon enough is caught up in scandal.
But I think something more fundamental is at work.
The question has taken on renewed relevance in recent days, as the President navigates among multiple political hazards:
• Benghazi. ABC News last Friday breathed new life into this controversy when it chronicled the evolution of talking points used by Administration officials to describe the attack on a diplomatic facility in Libya. Those talking points, as I noted weeks ago, were scrubbed by the White House to remove references to the al Qaida-related terrorists who led the attack and to suggest that it was instead the result of popular outrage against a YouTube video.
• IRS. Friday also saw another long-simmering scandal emerge, after a senior IRS official apologized for having targeted conservative groups that applied for tax-exempt status.
• AP. A third scandal also surfaced on that fateful Friday when the Justice Department notified the Associated Press that it had monitored incoming and outgoing traffic on 20 phone lines used by the news agency’s reporters and editors in an attempt to determine who had leaked classified information about a foiled terrorist attack.
• HHS. Lost amid these higher-profile controversies was a Washington Post report that HHS Secretary Kathleen Sebelius was hitting up industries that her agency regulates for contributions to groups that are working to implement the new health care law.
Responding to a single scandal is difficult; responding to multiple scandals is almost impossible. The President has wisely decided to distance himself both from the IRS controversy and the monitoring of phones used by AP reporters. He’s so far ignored the potential problems at HHS while choosing to dig in on Benghazi.
Those responses seem, with the exception of Benghazi, well-calculated. The IRS had gotten away with misconduct for years, as the press dismissed complaints from conservative groups about unfair treatment as Republican paranoia. The New York Times went so far as to commend the agency for stalling approval of political groups. The then IRS Commissioner flatly denied to Congressional committees that his agency had targeted right-leaning applicants. When the Administration learned last week that a forthcoming report from the IRS’s internal watchdog would prove otherwise, they trotted out an official, Lois Lerner, to apologize for “inappropriate” conduct by the agency’s Cincinnati office. It soon emerged that Lerner herself had signed a letter to at least one Tea Party group, which was among the signs that the agency’s problems weren’t limited to its Cincinnati backwater. The President swiftly and categorically condemned the IRS actions and directed Treasury Secretary Jack Lew to implement the Inspector General’s recommendations. The Justice Department announced that the FBI would investigate the matter.
The Justice Department has problems of its own. The media is understandably more concerned about threats to its own liberties than it is about threats to the liberties of others. A story that the government was monitoring traffic on phones used by Tea Party groups would elicit yawns in most newsrooms, but a story that it had monitored phones used by reporters was sure to stir their animal spirits. Already, more than 50 news outlets have joined in a letter condemning the government’s actions. And the Attorney General has taken the unusual step of recusing himself from the Department’s probe into its own conduct. The goal in both cases seems to be to get past the scandals by ordering up additional investigations.
The President has taken a different tack with Benghazi. He continues to insist that he had called it an act of terrorism from the beginning, a contention that earned him “Four Pinocchios” yesterday from the Washington Post’s fact-checker. Arguing in the alternative, as lawyers would say, he has dismissed the talking points that were revised to strike references to the role of al Qaida-linked organizations as a “sideshow” and asserted that the entire controversy is the doing of his political opponents.
It’s time to shelve the “political sideshow” talking point, though it proved effective in tamping down the controversy until quite recently. When Maureen Dowd, the New Yorker, and ABC News side with your critics, you are well-advised to come up with a new line of defense.
The Administration has done a pretty effective job at quelling the IRS controversy. Congressional hearings will continue and heads will likely roll, but absent some evidence that the White House directed the agency to harass conservative groups, this storm will pass. Not so with Benghazi or the AP. The White House has lost control of the former and the press will not soon forgive the latter.
But it’s the Sebelius story that I find most troubling. The HHS Secretary has the unenviable task of implementing the massive health care law in the face of Congressional unwillingness to allocate needed funds. She’s endured criticism for tapping other agency accounts to provide the money, but still is short of cash. So she’s taken the unusual step of dunning entities that her agency oversees for contributions to non-profit groups that are working with HHS to smooth the law’s implementation. One such group is Enroll America, an organization dedicated to making the health law work that is headed by former Obama White House official Anne Filipic. The group’s Advisory Council is a curious hodgepodge of left-of-center advocacy groups (National Council of La Raza, US Public Interest Research Group, National Urban League), labor unions (SEIU) and health industry giants (Aetna, CVS Caremark).
I don’t mean to suggest that the Secretary has done anything illegal. The law permits Administration officials to solicit political and charitable donations, so long as they do so on their own time and don’t employ public resources. But there’s something here that doesn’t pass the smell test. Imagine yourself a health insurance CEO who gets a fundraising call from the Secretary of HHS. She wants your company to make a large, tax-deductible contribution to a group that will help her implement her favorite new law. That law, as it happens, gives her enormous power over your business. Under its provisions, the government will dictate, among other things, what your product will cover, how you will market it, and what you will be allowed to charge for it. The person on the other end of the line will enforce that law. The success or failure of your enterprise depends to some extent on whether she counts you as a friend. Her intention is not to extort money from your corporation, but the practical effect is almost indistinguishable.
And that is the root of scandal.
Scandals don’t start with bad people setting out to break laws. They most often begin with well-intentioned people doing what they think is right. They try to protect the President against his political opponents by stripping references to terrorism from official talking points. They throw up roadblocks to the President’s political opponents seeking resolution of their tax status. They trample on liberties in their effort to protect national security. And they try to advance the President’s policy objectives by using powerful regulators to solicit money from the industries they regulate.
Scandals take flight when good people acquire too much power.
The scandals that beset the Administration aren’t so much due to the perils of a second term as they are to a government that has outgrown its limits. Should any of these current scandals deepen in the coming months, there will be calls for new laws to prevent them in the future. A genuine solution would instead focus on placing appropriate limits on government. Curbing government power is the best way to curb its abuse.

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