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“Battle for Justice” Shines a Light on Joe Biden, from 1987 to Today

With Joe Biden’s recent inauguration as 46th President of the United States, I’ve recently been re-reading a terrific book that shines light on him as a politician and a person, on his inner character, from a lot of very interesting angles. Battle for Justice: How the Bork Nomination Shook America, was originally a Norton hardcover in ’89, written by then-Boston Globe reporter Ethan Bronner, later a NY Times reporter, and now an editor with Bloomberg News. I had the privilege of republishing the book in trade paperback in 2008 when I was Editorial Director of Union Square Press.

At the time Ronald Reagan nominated Bork in July 1987, Biden was Chair of the Senate Judiciary Committee, and had already declared himself a candidate for the 1988 Democratic presidential nomination. The Reagan administration wanted confirmation hearings to begin immediately, but as Chair of Judiciary, Biden was in control of the calendar, and the hearings didn’t begin them until late September. This was a smart move, because during the interval opposition to Bork began forming ahead of the hearings, which went very badly for the nominee, who was widely perceived to be too far right-wing for many senators. The vote in committee went against Bork 9-5. Many observers thought Bork would at that point withdraw his nomination, but he insisted on having a vote by the full senate, which also went against him decisively, 58-42, with six Republicans voting Nay. Bronner’s narrative of the nomination fight is engrossing, and filled with Senate figures from our recent past—Ted Kennedy, who led the opposition to Bork; Arlen Specter, who was among the Republicans to vote Nay; Paul Simon, the bow-tied Democrat from Illinois; Pat Leahy of Vermont, who just served as Judge of the Trump Impeachment trial; and the odious John Bolton, who working in the Reagan Justice Department, was nominally responsible for shepherding Bork through the process, where his usual lack of charm contributed to the demise of the Bork nomination, though the nominee’s truculent extremism was the primary factor.

As it happened, Biden’s candidacy for the Democratic nomination also went down in the Summer-Fall of 1987, even before the fate of Bork’s nomination was settled in October of that year. In campaign speeches, Biden had borrowed words from the British Labor politician Neil Kinnock, with attribution at the outset. However, on several occasions that August, and once at a Democratic event in Iowa, he borrowed Kinnock’s words and the British pol’s family story, without acknowledging the source. A Biden campaign aide, Pat Caddell, said he was responsible for inserting the phrases into the speech, but the damage was done.

Seeing Biden as president now, and the scandals the country has witnessed since 1987, it is quaint to see what knocked Biden out back then. I am glad that the quirks of history have unfolded in such a way that Joe Biden is our president in 2021. Bronner’s book is well worth reading again now, in light of all we know today.

 

Major Media Failures by CNN & FOX on the ACA Ruling

Mid-Afternoon Update: According to TPM’s Benjy Sarlin, it turns out that like me and millions of other Americans, the flawed reporting of CNN and FOX just after 10:00 AM this morning gave President Obama the false impression that the ACA had been struck down by the Supreme Court. It was incorrect, of course, but it shows how careless those two news orgs were in playing with the emotions of so many news consumers and citizens. I was following the unfolding drama on Twitter and on TV we had MSNBC. I saw a CNN tweet from reporting the mandate had been ruled unconstitutional, and my heart sank at first, but then–as has occasionally occurred in sports, when a final call or a buzzer beater is later over-ruled–I thought, Wait a minute, let’s see what the other networks are saying. Sure enough, within a few minutes Pete Williams, an NBC correspondent was telling the MSNBC anchor Chris Jannings that the mandate had in fact been upheld. So it goes, but when you have news orgs behaving as irresponsibly as two did today, the public is very poorly served.

Early Afternoon Update: BuzzFeed.com‘s Michael Hastings has spoken with “about a half-dozen top on-air reporters and producers within” CNN who “are “furious” and embarrassed at their network’s blown coverage on “the most consequential story of the year.” ‘Fucking humiliating, said one CNN veteran. ‘We had a chance to cover it right. And some people in here don’t get what a big deal getting it wrong is. Morons.’ ‘Shameful,’ another long-time correspondent told BuzzFeed. ‘It’s outrageous and embarrassing,’ a third CNN staffer vented. ‘Maybe this will shake the company into understanding that CNN has not been the ‘most trusted name in news’ for a very long time.'”

Shortly after 10:00 AM this morning, CNN and FOX jumped the gun and inaccurately reported on the upshot of the Supreme Court ACA’s ruling. I suspect this was probably done in CNN’s case out of an overzealous mania to report the news first–without insuring the report’s accuracy–and from ideological zeal in FOX’s case. Both news organizations have much to apologize for. Judging by one screenshot below, CNN has already issued a correction, no sign yet if or when FOX will do the same. Each network should also explain how the errors occurred. H/t Keith Boykin and David Folkenflik. Added: CNN not only tweeted its error, but even blared the error on its website.