5.16.10: Results of the Smell Test... It's Smelly.

The two main topics of discussion posed to the respective Senators, Charles Schumer (D-NY) and Mitch McConnell (R-KY), on today's Meet The Press were of course the British Petroleum oil catastrophe and the nomination of Ms. Elena Kagen to the Supreme Court. And just when you think these subjects have been beaten to death by the commentators and everyone under the sun has been asked his or her opinion of it, you still get the ridiculous in the form of Senator McConnell's answer to removing the $75 million cap for BP on damages.

Not surprisingly, Senator Schumer, who consistently and effectively plans the 'common sense' political card, said that the cap should be removed and went on to emphasize BP's responsibility for the disaster. However, what Senator Mitch McConnell of Kentucky said was not only ridiculous but incredulous as well. When asked about the responsibility levels with regard to all parties involved (BP, Transocean, Halliburton, and the Government), he glanced over BP and said he was interested in what the Administration did beside the companies involved. He didn't say the agencies involved, the presiding cabinet member, not FEMA or over all government response, but the Administration specifically. This is completely counter-productive because what he is really saying is that he wants to see what the Administration's response time was to use it for politically purpose.

With regard to responsibility, let's face it: The cozy relationship between government and big oil allows for these catastrophic possibilities because regulations are relaxed because of contributions and empty insurances topped off by the said company cutting safety corners to maximize profit. So are there multiple parties involved, yes, but this one is one BP. By saying what he did, Senator McConnell is focusing on the wrong issue here.

If that weren't enough, his response to whether the cap for damages should be raised, he replied, 'not too much because it will stifle competition.' He went on to explain that the damages could wreck BP and then the bigger oil companies will come in and take over. This is as if to say that we shouldn't beat up on the little guy, British Petroleum. Here's the clip.

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We guess it all a matter of perspectives... and dollar amounts.

The other topic, lest we forget, is the nomination of Elena Kagin to the Supreme Court. Both Senators' answers were just frustrating. Senator Schumer said 'she tends to be a moderate' but the number one criteria, he explained, was that if she could make the court a majority of 5 instead of a minority of 4. Whatever... And frankly, Senator McConnell is simply unable to explain away the hypocrisy of supporting Harriet Meyers for her lack of direct court experience and then decrying it when asked about Ms. Kagen.

Here's the problem with Mr. Schumer's logic and, by extension, President Obama's. When Ms. Kagen is confirmed she will make a fine judge and hopefully she will feel empowered at some point to move further left. It is what the court actually needs. However, she is moderate, as a simplified description. It speaks to the pragmatism of the choice and that's why Senator Schumer agrees with the pick.

However, for Mr. Obama the choice is flawed. He's called a pragmatist, but pragmatism is a tactic and employed in the right manner at the correct time can be a quite effective one. However, as an overall philosophy, it is an empty vessel. Politically, it will always be viewed a lack of conviction and this column believes that it is. If President Obama's philosophy is to be a pragmatist, then his choice makes sense in his logic, but again, it is flawed. Like it or not, this is a litmus test of a President's conviction and suffice to say it doesn't pass the smell test.