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NY-19: Nan Hayworth backs BP apologist and Big Oil

by: cliffweathers

Sat Jun 19, 2010 at 11:37:53 AM EDT


Yesterday, Representative John Hall (NY-19) called on his Republican challenger, Nan Hayworth, to denounce claims made by GOP leaders of an Obama Administration "shake down" of oil giant BP.

Hall specifically asked his opponent to denounce comments made by Republican Congressman Tom Price, a major political ally of Hayworth's. But Hayworth won't budge, and is, in fact, now echoing Price's infamous press release, where the GOP leader rants that the administration is extorting BP and using the crisis to to further its "liberal agenda." Is this where Hayworth begins to show her true colors, as an advocate of big corporate interests over the pressing needs of hard-working taxpayers in her district? It seems so.

cliffweathers :: NY-19: Nan Hayworth backs BP apologist and Big Oil
GOP Representatives Joe Barton and Price, both big backers of Big Oil, stood in BP's defense, when they admonished the Obama Administration for making BP put $20 billion in an escrow account to help pay for damages resulting the Gulf of Mexico catastrophe. The escrow account would protect American taxpayers from paying for the disaster.

During Thursday's Energy and Commerce Committee hearing of BP CEO Tony Hayward, Barton, who is the ranking Republican on the committee, called Obama's demand of an escrow account "an embarrassment" and a "shakedown." He continued by personally apologizing to BP's Hayward.

Rep. Price's comments followed in a press release and were even worse than Barton's. While it didn't have the news-bite worthiness of his colleague's video rant, Price's press release revealed the Congressman's blind deference to Big Oil:

BP's reported willingness to go along with the White House's new fund suggests that the Obama Administration is hard at work exerting its brand of Chicago-style shakedown politics.

These actions are emblematic of a politicization of our economy that has been borne out of this Administration's drive for greater power and control. It is the same mentality that believes an economic crisis or an disaster is the best opportunity to pursue a failed liberal agenda. The American people know much better.


Despite the American public being aghast by the revealing words of Barton and Price, Hayworth has chosen to side with her slick buddies on the Beltway and with Big Oil. In doing so, Hayworth is standing against the hard-working taxpayers of the 19th Congressional district by refusing to admonish the dirty duo over their deference to BP. She even has the nerve to join in the sickening chorus. In her WordPress blog, Hayworth writes:
Rep. Tom Price (R-GA) is right to be skeptical regarding the Administration's methods and intentions in its recent approach to BP, strong words like "shakedown" notwithstanding.

If you read Price's press release, perhaps the biggest softball in it was the rehashing of the word "shakedown," so I question if Hayworth even bothered to read the release.

If she did, she would have noticed that it was nothing but a partisan screed and a wild accusation that the administration's reaction to this crisis only serves its agenda. Even despite the use of words like "shakedown," it still is nothing more than a series of dog-whistle messages that admonish the President for rightfully using his office to take action and trying to control the situation. Price's release is nothing but an oil lobby-infused defense of BP that opposes any government efforts to hold BP accountable for their economic and environmental devastation of the Gulf.

It's no wonder that Hayworth has come to the defense of this BP apologist as her connection to Price is notable. Rep. Price has been extremely helpful to Hayworth's campaign, including headlining her most recent fundraiser.

John Hall's campaign manager Patrick McGarrity agrees and takes the gloves off in a press release:

Congressmen Price and Barton have decided to stand with BP and against taxpayers- letting BP off the hook and sticking Americans with the bill. New Yorkers have a right to know - does Nan Hayworth stand with Congressmen Price, Barton, and BP, or with the American people?

Hayworth has consistently repeated GOP talking points on offshore drilling in the past and has not backed down on with her ultra-corporatist stance, even 60-plus days after America's greatest environmental disaster. In Cheney-esque lockstep, her campaign website still touts the virtues of offshore drilling:
New methods of oil discovery and recovery are far safer and less disruptive than previous technologies, making it possible to expand domestic drilling with less risk to the environment.

Sure, and that's why all the king's horses can't put Humpty-Dumpty back together again, right Nan?

Hayworth's energy ideas are nothing but echoes of spoon-fed talking points from the oil lobby. Hayworth begins talking like an environmentalist and mentions conservation and fossil fuel substitutes, but then she makes a severe right turn and gushes over increased offshore drilling as a major part of her comprehensive energy beliefs.

Hayworth's thoughts on energy sound remarkably like those BP "Beyond Petroleum" commercials that were ubiquitous on television until two months ago. They demonstrate that she has no political independence whatsoever, in regards to creating an energy policy. This embarassment of a GOP candidate is only parroting tired Republican talking points that pay lip-service to alternative energies, while really touting the wishes and paying homage to Big Oil.

Moreover, Hayworth's refusal to budge on this issue would be shameful even had this catastrophe not occurred. But in light of recent events, Hayworth's support of a BP apologist reveals a tragic fault of her campaign. She does not think independently, she is not considerate of taxpayers, and she will not stand up against leaders in her party.

This diary is cross-posted at Left of the Hudson.

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Timing (0.00 / 0)
Just a couple of days ago, someone was telling me that John Hall was facing a difficult challenge; it looks like Hayworth is just another tea party nut.

the Grand Oil Party... (0.00 / 0)
...they certainly know where the funding of their party comes from...and they, apparently, have no same in engaging in what John McCain once described as "legalized bribery" (i.e. taking money from wealthy elites like the oil industry...and then...doing the bidding of that industry). They used to at least try to hide it and pretend they weren't bought-and-paid for shills for those who give them money...but...apparently...their shamlessness knows no bounds these days.

There is one problem: they are right and you are wrong. (0.00 / 0)
Here is the issue: there has been no civil or criminal determination that BP HAS DONE ANYTHING WRONG.

BP can, of course, voluntarily set up an Escrow Account against potential liability, taking a charge against earnings.  It MIGHT even be a good idea.   As a business matter that is at least debatable.  (Although a lawyer might caution that it looks too much like an admission.)

Some people have called this a "taking."  That is a harder question.  The money won't be paid without some sort of adjudication of responsibility, so it may not be a taking.  However, could it be considered a "regulatory" taking, where an act of a government has deprived someone of use of property?  Arguable.

But one thing is sure, as a result of this, BP won't be using this money to improve their operations or to pay dividends to pensioners in the UK  . . . or here.              

In any event,  these kinds of accounts are, especially with big-ticket litigation, usually set up by court order, usually after a petition by one of the parties or (rarely) sua sponte..  It doesn't happen all the time, in fact, it is fairly rare absent "constructive trust" situations, where there is (as there is NOT here) a known, traceable corpus (a "pot of money")  that the parties are fighting over.

Here, however, you have the Executive Branch (which may . . . or may not . . . be a party to civil or criminal litigation) strong-arming a private company to do this ABSENT the decision and order of a court of competent jurisdiction.  (Additionally, if you favor this Escrow, you should know that it is a pittance next to the full, potential liability and is being funded in stages.  This really is the epitome of Woody Allen's "not only is the food bad, the portions are small" situation.)

Can you see the problem here?

Cicero talked about a government of laws, not of men.  Tyranny, per George Orwell in his novel 1984 is "lawless order."  Holmes said, "Whatever disagreement there may be as to the scope of the phrase 'due process of law' there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard" and that "The life of the law has not been logic; it has been experience."

It appears things have changed.  What the Obama Administration has done here is "lawless order." This is government by fiat, the antithesis of ordered liberty.

While BP is not a popular defendant, that is the kind of defendant whose rights must be most carefully protected.

If you own a business, how can you not at least consider the possibility that one day YOU might one day be subject to such an ultimatum?  If you have not, trust me that many, probably most, of the business owners and the self-employed in the NY 19th HAVE.


please John, please (0.00 / 0)
Encourage all the candidates you work with to run hard on this issue, just like this.

I do wonder what Cicero would have thought of such a thing off of Rome, created perhaps by mining.  I don't think he would have been pleased.  Nor, I suspect, would Orwell or Holmes under similar circumstances.  None of them was particularly a libertarian, and you may want to spend more time with their writings before pretending they might support your views.


[ Parent ]
Did it ever occur to you... (0.00 / 0)
Seriously, John, talk facts, not dogma.  When you and your fellow conservatives get into power, you ignore facts, and then they come back to bite us all in the butt.

BP didn't use their money to "improve their operations," and as a result we have this disaster, where tens of thousands of people will have their lives impacted, some in the extreme.  And yet you defend that behavior?  Puh-leeze!

Of course there hasn't been a determination in court ... yet.  There hasn't been time; these things generally take years, especially when the defendant (BP, in this case) has all that money they didn't use to "improve their operations" to pay for legal services.

President Obama didn't "strong-arm" anyone.  And BP will have, not just millions, but billions for defense, so their rights will be more than "most carefully" protected.

Get a clue, John.  You and Joe Barton both.


[ Parent ]
And they WON'T be able to do so now. (0.00 / 0)
When the Chief Magistrate of a nation forces a private entity, without even the illusion of process, to pay money into an escrow, before there has been any adjudication of guilt or liability or even a filed action, how can we argue that ours is still a government of laws and not of men?

If a Democratic Administration can do this, what precedent stops a Republican Administration from doing the same?

This has nothing to do with libertarianism or any other political outlook.  This goes to the Rule of Law, something to which Holmes devoted his life after our Civil War and for which Cicero gave his life in the last of his Republic's Civil Wars.

The Rule of Law is a patrimony.  It goes back to the time when the proudest boast in the world was "Civis Romanus sum."  With citizenship came rights and responsibilities.  Men were spared the arbitrary acts of government in ways great and small.  For example, Saul of Tarsus was spared crucifixion because he was a Roman Citizen at his death in 67 CE, during the reign of Nero, one of the nadirs of the Roman Empire.

If we allow those who are charged with the enforcement of law to circumvent that law, we betray the Corpus Juris Civilis, the Anglo-American Common Law, the Magna Carta, as well as the Constitution.  All of these documents and traditions support the idea that the State must follow its own law.

When the state does not follow its own law, what result?  The playwright Robert Bolt presents a persuasive view in these lines from his play, A Man for All Seasons:

Cromwell: Yet how can this be? Because this silence betokened, nay, this silence was, not silence at all, but most eloquent denial!
Sir Thomas More: Not so. Not so, Master Secretary. The maxim is "Qui tacet consentiret": the maxim of the law is "Silence gives consent". If therefore you wish to construe what my silence betokened, you must construe that I consented, not that I denied.
Cromwell: Is that in fact what the world construes from it? Do you pretend that is what you wish the world to construe from it?
Sir Thomas More: The world must construe according to its wits; this court must construe according to the law.

and:

William Roper: So, now you give the Devil the benefit of law!
Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

So gentlemen, I ask you:  would you "cut down every law" to chase whatever devil you, on this day, have made?  And, if so, how do you plan "to stand upright in the winds that would blow then?"


[ Parent ]
Chill out, dude (0.00 / 0)
Did Barack Obama hold a gun to Tony Heyward's head?  How did he "force" anyone to do anything.

Your hyperbole is showing.


[ Parent ]
No offense, but so is your lack of any counter argument! (0.00 / 0)
I enjoy your postings, very well thought out.  Regards!

[ Parent ]
Let's cut the nonsense, shall we? (0.00 / 0)
BP is readily forking over the $20 billion into an escrow account because they're going to get hammered over the fact that this drilling operation was unsafe. Just in March alone, they had the blowout preventer leaking fluid three separate times, and the rig's mechanic said that the well had been problematic for months, including the level of gas coming up from the well being twice as high as he had ever seen in his career. The blowout preventer was then seriously damaged in an unreported accident in late March. In the hours before the explosion, when they detected gas bubbling into the well which could trigger a blowout, a BP official onboard the rig directed the crew to take measures to continue drilling, despite their objections.

In short, there's a small mountain of evidence--including 11 dead bodies--that BP played fast and loose with the Deepwater Horizon in a way that directly resulted in this disaster.

Now, there's a $4300 per barrel fine for spilling crude oil in US waters. Even if BP pinched off that well right now, today, then they're still legally on the hook for nearly $27 billion dollars in fines, over and on top of the punitive damages for the loss of property and wages for everyone who lives on or fishes off of the Gulf Coast. That's probably another $15 billion right there. Plus there's the fact that if BP fights this in court and loses--which they would--the negative PR it got them would be worth tens of billions more in losses over the course of the next 25 years as this thing gets cleaned up. BP execs were probably dancing for joy at the $20 billion deal, because it gets them off the hook for a fraction of what they would pay otherwise.

Personally, I agree with you. This does undermine the rule of law. Let's take BP to court for this, expose their unsafe practices, and let the actual and punitive damages dismember them as a functional corporation.


[ Parent ]
Where they, like Exxon before them, could have much less (0.00 / 0)
liability than they have forked over here.  However, what BP did was retain a Washinton insider, Jamie Gorelic, Esq., to negotiate a, well its isn't a settlement, there isn't a case, what do you call this . . . ?


[ Parent ]
What do I call it? (0.00 / 0)
Preemptive deal-cutting. They're offering a figure they can live with, so that they can head off getting sued by everyone with 400 miles of this thing.

And don't compare this to Exxon. By the time this is over it's likely to be 20 times the size of the Exxon Valdez spill or more, and will do a couple orders of magnitude more environmental damage.  


[ Parent ]
Escrow Account is a PR stunt for BP (0.00 / 0)
Obama didn't strongarm anyone.  He has no leverage over BP.  BP's franchisees are getting hammered right now, and the company needs any good PR it can get.  The $20m is only a fraction of what they would have to pay in order to compensate all of the victims.

The GOP's accusations of presidential thuggery is just red meat for its base, and exposes them as oil-industry shills to independents and right-leaning Dems.  Keep up the good work!


[ Parent ]
If this is so, what benefit does this Escrow (0.00 / 0)
render, while it wounds the Rule of Law?  And if a Democrat does this, how much less an "oil industry shill" is he?

[ Parent ]
Rule of law (0.00 / 0)
Which law has been broken?

[ Parent ]
BP Wasn't Ordered To Do Anything (0.00 / 0)
"Here, however, you have the Executive Branch (which may . . . or may not . . . be a party to civil or criminal litigation) strong-arming a private company to do this ABSENT the decision and order of a court of competent jurisdiction."

The problem with your argument is that the Obama administration didn't order BP to do anything. Perhaps it made strong suggestions. But there is nothing wrong with people in the administration sitting down with corporate leaders and saying "look, this might be a good idea." If the administration was barred from talking to any entity that it might encounter in a civil or criminal suit, then it pretty much couldn't talk to anyone.

There was no "ultimatum." BP was free to say no. It's absolutely fine for them to put money aside that they will almost certainly have to pay out eventually, and it's fine for the administration to tell them they think it's advisable that they do so.

(By the way, the Holmes quote that "The life of the law has not been logic; it has been experience" doesn't seem to apply here. He was talking about how the common law evolves out of real-life situations rather than out of theoretical constructs.)


[ Parent ]
Nan Hayworth Wrong for Congress (0.00 / 0)
Nan Hayworth is definitely the wrong person for Congress. Her knee-jerk defense of BP at a time when the American taxpayer cannot afford to foot the bill for the cleanup is a bit shocking. And as a medical doctor, she should be the last person we listen to on health care reform. She and her husband have a vested financial interest in the health care debate, and this should set off alarm bells with anyone listening to her. Listening to her lecture us on health care is a lot like listening to BP CEO Tony Hayward lecture us on how to drill oil wells under water!!

Doesn't make sense (0.00 / 0)
Truth, that's asinine.  If anyone actually looked at Hayworth's reply, then you would see that she agrees that BP is the ultimate cause for this catastrophe.  And yes, why let someone with a degree tell us what to do in their industry? That makes absolutely no sense!  Instead, people who time and time again have been shown to be incompetent should be running something which can have such a drastic effect on our lives.  That's the same amazing logic as having military commander who never served, or a computer programmer who doesn't know how to use a mouse.

[ Parent ]
One last thing (0.00 / 0)
I mean the device that clicks and moves the pointer around the screen, not the small, furry mammal.  Just making sure you don't say that I think computers are made of animals.

[ Parent ]
Why would haveing a financial interest make you (0.00 / 0)
less likely to be right?  I would expect knowing what you are talking about would help.

Yeah, you would never listen to DOCTORS about helath care reform!


[ Parent ]
She's wrong for Congress (0.00 / 0)
But ... we do need to hear from doctors regarding the health care reform debate.  Yes, they have a vested interest, because they make their living by providing health care, but they also have an insider's understanding of the system (different doctors, depending on specialties, etc., having an insider's understanding of different parts of the system).  So we should listen to them; it doesn't mean we have to do everything they want.

Holy crap -- am I agreeing with Minehan about something?


[ Parent ]
Nan on BP (0.00 / 0)
I ran into her and her husband at the Pound Ridge 4th of July bash. She gave me the usual bland "I support all forms of safe, environmentally friendly, energy blah blah" pablum that all her GOP friends are probably supposed to be giving now.

She's worse than a tea party nut, she's an empty pants suit with nothing to say and nothing to add to the conversation. She's be a rubber stamp for the Boehners and Cantors in congress.

I have video - as soon as I get around to cleaning it up, I'll put it up somewhere and link to it here.  


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