Romney the lawyer: Murder “means different things to different people”

Last week in Laconia, NH, Mitt Romney was asked a question about abortion. Doug Lambert of GranitGrok, was there to videotape the answer. It turns out that the person who asked the question is a Democratic operative, so I discounted this. But then Green Mountain Politics highlighted the quote (which he got wrong, sorry Chris…). Romney was asked "is abortion murder?". Romney responded:

I don’t want to use that term because it means different things to different people. … It is taking human life … Murder has — I used to go to law school — murder has malice of forethought and  all sorts of other things

Now, I know that some people are going to get wound up about Romney’s answer about abortion, but there’s nothing really new here. I think that there are a bunch of interesting rhetorical things going on here. But let’s make two things clear:

Mitt Romney said that murder "means different things to different people" and used his implicit authority as a lawyer to explain his complicated position.

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Romney, 1994 flier, and consistency

A number of Mitt Romney’s supporters have pulled out a 1994 campaign flier and argued that it shows that he has always been a conservative. First of all, one might wonder why a conservative in 1994 would have opposed the Contract with America and called it "partisan".. That wasn’t my reading of it.

I was struck by how much he has moved around on a number of these issues. The question shouldn’t be whether or not he was a real conservative. Instead it should be, what kinds of principles, if any, he has, and how they will relate to how he would govern if he were to become president. So let’s look at this with that in mind.

First of all, we need to realize what this is. It is a political communication. He tried to differentiate himself from Kennedy on some things and blend the differences on others. So, as a political communication, he is saying that the only thing that he agrees with Ted Kennedy on is abortion and gay rights. And on abortion he argued that he was more trustworthy to pro-choicers than Ted Kennedy because Ted Kennedy had flip-flopped(!!!). And on gay rights, he argued that he would be better for gay rights than Ted Kennedy.

The second point to make is that Romney’s image has several problems. The first one is that he’s a simple "flip-flopper". But the second is that he’s a sleazy panderer. The car salesman thing. That he will tell you whatever you need to hear for you to support him. That he has no principles. That’s what really struck me with this.

So, to illustrate, let’s do a little exercise. Let’s take a couple of these issues and see where Romney has gone with these since 1994

First, abortion. Romney’s story is that he changed his position over the stem-cell fight in 2004. But it is worth pointing out that Romney was also sounding pro-life in 2001  when he was considering running for office in Utah. His problem isn’t that he converted. It is that he converted and reconverted and reconverted and reconverted. All occurring while he was running for office and well into middle age and parenthood.

Or, look at his position on campaign finance reform, under the heading of "Congressional Reform." In this 1994 flier, he says that he opposed Taxpayer Financed Campaigns. But in 2002, he supported partial public funding of campaigns, even supporting taxing private contributions to pay for public funding. Now, presumably, he’s against it. So this is his third position on campaign finance reform.

Or, look at this positions on health care. He did not support either a "government takeover of health care" or "requir[ing] employer mandates". But he did sign a health care plan, with the same Ted Kennedy that he is differentiating himself from in this flier, that included employer and individual mandates. (Indeed, it looks like Barack Obama’s health care plan is, in some sense, to the right of Romney’s. Ezra Klein points out that Obama’s plan does not mandate that people purchase health care, whereas Romney’s creates criminal sanctions if you do not)

Tables are often clarifying:

  Romney in 1994 Romney in-between Romney Today
Abortion Pro-choice Pro-life, then pro-choice Pro-life
Public funding of campaigns Against For Against
Employer mandates Against ?? For

"The answer my friend, is blowing in the wind, the answer is blowing in the wind."

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Abortion in tonight’s debate

Given South Carolina’s social conservatism and Rudy Giuliani’s struggle in the last debate over abortion, you can expect that to be a significant focus of the debate tonight, or, at least, the press’s handling of it.

Today in South Carolina, the State Senate will be voting on an ultrasound bill that I have discussed previously. I suspect that this issue has been pushed at this time to foreground abortion as an issue.This is going to create several pressures on candidates in the debate.

First, Rudy Giuliani will need to express a position that is clear. I think that he settled on that last week, but he has to take it "live" tonight. With clarity, I suspect that he will do fine.

Second, Mitt Romney is in a position to trip over the ultrasound issue. His last public statement on the bill was almost identical with Giuliani’s. Obviously, this is a salient issue for South Carolina pro-lifers, and it could be the next big pro-life issue nationwide. (imagine this getting pushed in state legislatures around the country) Sharing a position on a "live" issue on abortion with Rudy Giuliani is hardly a good place for a "pro-life champion."

John McCain and most of the second tier candidates probably won’t struggle too much with the abortion issue, as such.

It would be interesting to see a new question about "conservative Christians" like there was in the last debate. Obviously, South Carolina is the place to do it.

I will be live-blogging the debate again.

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Giving to Planned Parenthood

First Rudy Giuliani gave to Planned Parenthood. Now Ann Romney did. The Romneybots thought Rudy’s donations were a big deal. (I tend to agree) Now they think that Romney’s donation isn’t. Their argument is that it was a long time ago, it wasn’t much money, and it was Ann, not Mitt.

I don’t buy it. Let me push back.

First, Mitt Romney uses his wife as a political weapon. In 2002, he deployed Ann to be a spokesman about him being pro-choice enough. In 1994, when he was running for the US Senate his wife gave money to Planned Parenthood. The idea that Romney, whose wife is center-stage in his campaign, should not be held accountable for the actions of his wife is absurd. Furthermore, this was almost certainly a joint bank account.  And I would be surprised if the donation was not recorded from "Ann and Mitt Romney" or somesuch.

Second, this was in 1994, the year that Romney ran for office. Perhaps this was part of a strategy to try to get (buy?) Planned Parenthood to not be too harsh? I did a Lexis search, and Planned Parenthood did not speak out against him much in 1994, although they did endorse Kennedy.  Last year Romney gave $15k to Mass. Citizens for Life. And he’s getting an award and dinner for that. The evidence is clear that Romney has used his donations strategically. I think that it is fair to suggest that this was a donation with a political agenda. That is clearly Romney’s modus operandi.

Third, we know that Romney was pro-choice, just as we know that Rudy is pro-choice. Perhaps Rudy’s donation makes him more of an activist, but the real problem is that it challenges his line that "he hates abortion." This has a similar impact for Romney. He says that, "I’ve always been personally pro-life." This is further evidence that this is not true. In addition, it feeds into the narrative of him being dishonest, in addition to the narrative of him giving money for endorsements or support.

This is not a resolved question, and there will be more questions to ask. Some places to start:

  1. Was the check from a joint bank account? Is there any record of who the check was "from"?
  2. Has Romney also given to NARAL or other liberal groups? That would be consistent with his strategic giving
  3. Will Romney release his tax returns? Both personal and foundation?

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Debate Mitt-flop Watch: Stem Cell

Mitt Romney tried to dodge a question on embryonic stem-cell research, but Chris Matthews asked the tough questions. Again, Mitt flopped. Last night he said:

MODERATOR: And you won’t take any from these fertility clinics to use either?

ROMNEY: I’m happy to allow that to — or I shouldn’t say happy.It’s fine for that to be allowed, to be legal. I won’t use our government funds for that. Instead, I want our governments to be used on Dr. Hurlbut’s method, which is altered nuclear transfer.

However, he wrote in the Boston Globe (see my previous post), when he vetoed a stem-cell bill:

Some stem cells today are obtained from surplus embryos from in-vitro fertilization. I support that research, provided that those embryos are obtained after a rigorous parental consent process … Known as altered nuclear transfer, this method could allow researchers to obtain embryonic stem cells without the moral shortcut of cloning and destroying a human embryo.

A bill that includes methods such as these and bans all human cloning would receive my full support.

In other words, he said he would fund IVF leftover research. Now he won’t.

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Debate Mitt-flop watch: Church and State

I was going to write on this but Deal Hudson beat me to it, and more articulately. Romney’s record:

As governor of Massachusetts, Romney ordered Catholic hospitals to administer emergency contraception to women who claim they had been raped.

Romney’s words last night:

I don’t say anything to Roman Catholic bishops. They can do whatever the heck they want. Roman Catholic bishops are in a private institution, a religion, and they can do whatever they want in a religion.

Whatever they want but follow their conscience….

What changed? Of course, Mitt Romney’s relationship to his religion is, unfairly, being scrutinized. So he changes positions.

Mitt Romney. Everything blows in the wind but his hair.

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PBA decision impact

I have not yet decided what the impact of the Partial Birth Abortion decision will be on 2008. I see two scenarios. Will the narrative that emerges be about abortion or about judges?

John McCain and Mitt Romney will want to talk about partial birth abortion and abortion. It is a 70% issue nationwide and higher among Republicans, and they are on the right side of it. Rudy Giuliani will not because of things like this:


So Rudy will probably try to frame this as about judges, which is his pivot on social issues anyways. Furthermore, none of the leading GOP candidates is on particularly strong ground here. Mitt Romney appointed plenty of gay rights and abortion activists to the Massachusetts courts. Rudy Giuliani has the same problem, and he quibbles with some conservatives about what "strict constructionist" means. And John McCain has the whole Gang of 14 thing, although he argues that he cut the deal that got Alito and Roberts on the court.

In fact, Romney and McCain probably want to talk about both because it traps Rudy even more. Romney and McCain can say "we are pro-life, and we want more strict constructionist judges to move the ball on the issue." Again, Rudy can’t go there.

A lot of Republicans are celebrating, and Rudy will have to play dodgeball. Tough day for Rudy.

Also, start your office pool. How much does Emily’s List raise online today?

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Romney, like Giuliani, ducks on SC ultrasound bill

Last week, I said that Mitt Romney supported the South Carolina ultrasound-before-abortion bill. But I was wrong. He has said that it is a state issue and ducked, invoking the same federalism argument that Rudy Giuliani is using. From AP:

"I would like to see each state be able to make its own law with regard to abortion," Romney said after a speech to about 50 small business leaders. "I think the Roe v. Wade one-size-fits-all approach is wrong."

This feels like Romney settling on a position that is anti-Roe, but not particularly pro-life. Sam Brownback, Mike Huckabee, and John McCain have all declared their support for the bill.

Is this going to be salable to pro-life activists and evangelicals?

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Romney still struggling with abortion

Mitt Romney has struggled with his position on abortion. He has been accused of being a flip-flopper, and Romney has shifted his stance from being pro-choice, to saying that he was always pro-life,  to now admitting that he used to be pro-choice.

Earlier this week, Romney released clips from "Ask Mitt Anything," including one he titles "Right to Life". David Brody, over at the Christian Broadcasting network asked his readers what they thought. There was… a split over whether Romney was even pro-life:

"This is the clearest statement I have heard from him and I am shocked. This is not even vaguely pro-life. I am not sure it is even anti-Roe. He limits what kinds of pro-life laws could be passed to "reasonable" ones, while allowing MA to do whatever it wants."

In other words, an actual pro-life voter doesn’t think that Romney is even opposed to Roe, much less pro-life. However, an interest group guy ("national Evangelical leader") was much more open to Romney’s position:

When I contacted a prominent national Evangelical leader about this he told me:

"I am not bothered by his statement. It has been my opinion for sometime that restoring a culture of life in America is going to be a state to state battle. Fortunately, when you get to the states, the pro-life perspective is much stronger than in Washington. Its the same with same sex marriage, the problem is not the state elected officials it is the unelected federal judges who have interjected themselves into the most controversial public policy debates of our time without regard to history or the citizens." 

My sense has been for a while that Romney does better with the Washington crowd, which is variously more incremental (strategic?) or just assimilated to Washington. I think the second opinion both describes and exemplifies that perspective.

A group of state-level pro-life activists have recently attacked Romney’s pro-life record with RomneyCare, claiming it publicly-funds abortion. Now, this is an old fight. But these guys have managed to bring two new angles. First, they have a FOIA request, asking how many abortions have been publicly funded under RomneyCare. Second, they argue that he could have line-item vetoed certain provisions of the law.

On a certain level, the issue is not so much the truth of these statements. Inevitably, Romney will have a finely parsed statement. But credible people keep beating the drums. These stories are not going away. And Mitt Romney will continue to struggle with attacks on his social conservative credentials.

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Local legislation, national implication

There are now two pieces of legislation that are going through the legislative process in early primary states. In South Carolina, there is an abortion-related bill that requires that doctors review ultrasounds with a mother before an abortion.

In New Hampshire, the House just passed a civil-unions bill.

This matters because candidates will be asked where they stand on these issues. For example, in South Carolina, all the Republican candidates except for GIuliani have come out in support of the legislation. For example, Huckabee and McCain:

One who supports the S.C. proposal is former Arkansas Gov. Mike Huckabee.

"I’m pro-life, and my attitude has always been if we’re going to take a position, take it on the side of preserving life," said Huckabee, a Baptist minister. "Anytime we can help to highlight what an abortion is, that would be a good thing."

U.S. Sen. John McCain of Arizona suggested that he supports the ultrasound proposal.

"Given the profound nature of a decision to end the life of an unborn child," he said in a statement, "I believe the more information that can be provided to a woman struggling with the decision of whether or not to have an abortion, the better."

On the other hand, other candidates like Rudy Giuliani  has said that he supports a state’s right to make these laws but have not taken a position so far on the law

Other candidates are more nuanced.

"The ultrasound proposal currently under consideration … is a good example of a matter best left to the states to decide," said Elliott Bundy, a spokesman for former New York Mayor Rudy Giuliani.

Giuliani has said he believes in a woman’s right to have an abortion. But he’s also signaled that he would appoint conservative U.S. Supreme Court judges, who could restrict abortions.

Romney’s was a little in-between

Like Giuliani, former Massachusetts Gov. Mitt Romney has supported abortion rights in the past. Now he says he doesn’t.

"Gov. Romney is pro-life," said spokeswoman Gail Gitcho. "(He) believes that states should be free to place restrictions on abortion, and favors measures that protect the sanctity of life."

Note the difference between supporting the idea and supporting the process…. Sam Brownback was not quoted in the article, but has posted a statement on his blog in support of the legislation.

Is this going to start happening with civil unions? What will happen in Iowa, which, like New Hampshire, flipped to the Democrats. (they have already had a stem-cell bill go through, but it seems unlikely that that will be a mobilizing issue in the same way.)

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