POLITICO: Deconstructing Kansas

I spoke with Bernie Becker who writes POLITICO‘s Morning Tax tipsheet about the repeal of the infamous Kansas tax cuts and whether it will have an impact on the federal tax reform debate:

Here’s one explanation that was offered for why the two are an imperfect comparison — the design of the Kansas tax cuts, which totally erased taxes on pass-throughs, was so bad that it’s hard to even contemplate anything like it passing in D.C. “I don’t know how you could possibly replicate it at the federal level,” said Liam Donovan, the director of legislative and political affairs at Associated Builders and Contractors and a former top staffer at the National Republican Senatorial Committee. “It’s so egregious — we’re talking about pass-throughs paying zero. It’s almost cartoonish.”

You can read the rest here.

While it didn’t make the story, I laid out for Bernie why the comparison is being misapplied, and how the real lesson of Kansas is being ignored, echoing my tweetstorm from a few weeks back:

It’s not that pass-throughs are bad. It’s not even that steep tax cuts are bad. [But] if you make one business structure wildly preferential, people will seek it out. And if exempt it from tax altogether, katy bar the door.

So you want to invoke Kansas to argue cuts won’t pay for themselves? Fine. But don’t use it to demonize pass-thrus when that mangles the point.

If anything, Kansas experience underscores why it’s important to have equal (or at least similar) treatment regardless of business structure. Should that mean a 15% rate for all? Maybe, maybe not. But you certainly can’t have a 20pt chasm between Main Street and the Fortune 500.

Neither the Trump plan nor the House blueprint would exempt pass-throughs a la Kansas. Nor would either advantage them over C-corps. Only in the administration’s proposal would even be on equal footing.

Bottom line: using the example of Kansas to argue against pass-through parity is at best inapt, and at worst self-defeating. Rate disparities inevitably distort behavior, and a large gap between C-corp and pass-throughs would have a similar effect, just in the other direction.

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Talking Montana and Russia on MSNBC

On Friday evening I joined Chris Hayes on MSNBC to about the Montana special election and its implications for Republicans. An hour or two before the show, the Washington Post dropped a bombshell report that Jared Kushner had discussed secret back-channel communications with the Russians in a previously unreported meeting during the transition period. With the news coloring the rest of the show, the segment ended up being a bit of a mashup.

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On Russia, Comey and the Ghost of Bombshells Past

Over at Medium I wrote up a tweetstorm on the Russia/Comey imbroglio and why Republicans might be haunted by the Access Hollywood tape and its anticlimactic aftermath.

Surely this was it. The SS Trump had hit an iceberg, and Republicans were scrambling for life jackets. He had survived ugly moments before, but this was different.

Or was it? The ever observant Chris Stirewalt noted the terms in which most of disavowals had been couched. They had left themselves a rhetorical bread crumb trail just in case.

Surely not, I said. There’s no putting the toothpaste back in the tube.

In a way we were both right.

Full post here.

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Bloomberg: Bumpy Week Casts Cloud Over GOP Agenda

I spoke to Bloomberg’s Sahil Kapur about Trump’s bumpy week and how it might impact the GOP legislative agenda.

Still, the legislative agenda is on shaky enough ground as it is, according to Liam Donovan, a lobbyist and former Republican aide.

“Sausage making is hard enough outside the media vortex of President Trump,” Donovan said. “Each blow complicates the political calculations, strains relations between the White House and Congress, diminishes the President’s leverage, and raises the specter of bigger shoes” to drop, he said.

Full piece here.

I’d add (and did, though it didn’t make it into the piece) that the calendar is already taxed to the breaking point, and that given the health care-tax reform parlay they’ve set up you run the risk of turning the legislative year into a binary event. Without knowing what the future holds, Congressional Republicans would be wise to act swiftly to lock in whatever policy wins they can, even if that means playing small ball.

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POLITICO Mag: When Will Republicans Dump Trump?

My latest piece in POLITICO Magazine uses a bumpy week of revelations to surmise when (if ever) Congressional Republicans might tire of this White House, and what would compel them to cut bait. For now voter sentiment is enough to keep them in line, but ultimately Trump’s hold on elected GOPers is only as strong as the promise of the Republican legislative agenda:

The collective action problem facing elected Republicans today is an echo of the dynamic that played out on the campaign trail. Whatever their true feelings, your average member is boxed in unless and until Trump’s numbers begin to crater with their voters; right now, his approval rating among Republicans is in the 80s. While most GOP congressional candidates kept Trump at arms’ length last year, a move validated by their performance, those who openly crossed him did so strategically and in relatively muted tones. The one time you did see a real jailbreak, with the release of the infamous Access Hollywood tape, it yielded around 50 defections; but those decisions—and the ensuing anticlimax—leave scar tissue to this day. During a crucial week for the health care bill, leaked audio surfaced of Speaker Paul Ryan backing away from Trump mere weeks before the election, an episode that remains a sore spot for the president.

And yet the stakes on the trail were different. Back then you only had to grit your teeth through the last few months of the election, hold on tight and hope for the best. Flash forward and Republicans actually hold all the levers of power. If it was hard to cross the party’s underdog nominee, the thought of breaking with the president of the United States with three and a half years left on the clock is exponentially more daunting. Moreover, the current trifecta may be a once-a-generation legislative opportunity, suggesting a heightened tolerance for Trump’s foibles. When you find yourself in the red zone on a decade’s worth of political goals, it takes a lot of lost yardage to force you to punt.

There still may be more fallout from the Russia meeting, to be sure. For now it feels like a political bomb that didn’t quite go off, even if the audible ticks sent the smarter pols scrambling. But it’s nonetheless an instructive moment when it comes to discerning the pain threshold for the elected GOP. The criticisms may grow louder with each unforced error by the White House, but as long as the legislative dream is still alive it’s hard to imagine any sort of full-scale break. If that dream dies, however, it’s every man for himself.

Read the full piece here.

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