President Obama pushed guns to the top of the national agenda this week, announcing a series of modest executive actions to be followed by a televised town hall Thursday. And that’s probably not the best news in the world for Bernie Sanders, who’s making a serious push in Iowa just four weeks before the caucuses, and who would rather be talking about almost anything else.
The problem here for Sanders isn’t just that the renewed conversation on guns takes away from his monastic focus on economic fairness, which he renewed with a combative speech in Manhattan Tuesday. Nor is it simply that gun violence is the one issue where Sanders, who needs to consolidate the populist left of his party, has been decidedly less liberal than either of his rivals.
The real issue is that, if you pay close attention, the logic Sanders deploys to defend his record on guns just happens to undermine the very core of his case for the presidency — and his case against Hillary Clinton, too.
Let’s start by taking a longer look at the history of gun legislation and Sanders’ voting record on the issue, which has repeatedly been characterized as “mixed” by reporters who, generally speaking, know as much about gun laws and firearms as I do about the migration of barn swallows. (I think they go south.)
There have been only a handful of truly pivotal congressional votes to broadly redefine gun rights in modern America. The first was in 1968, in the aftermath of the assassinations of Martin Luther King Jr. and Robert Kennedy, when Congress voted to prohibit certain kinds of citizens — convicted felons, fugitives, “mental defectives” — from walking into a store and buying a gun.
That stood as the defining law of the land until 1993, when Bill Clinton led a successful and divisive push to expand those restrictions through what came to be known as the Brady Law. That law instituted a mandatory waiting period (now a maximum of three days) for all guns bought through licensed gun stores, so that federal background checks could be completed. The following year, Congress added a ban on certain assault-style weapons, which the industry quickly circumvented.
None of this, however, stopped the flow of illegal guns into American cities. So in the late ’90s, a coalition of cities, inspired by the successful litigation against the tobacco industry, started suing the gun industry and some of the less scrupulous dealers, charging that they were negligent in their business practices and asking to be recouped for the costs of gun violence.
In 2006, after years of trying, the gun lobby finally succeeded in getting Congress to grant special legal immunity to gun makers and dealers, effectively shielding them from any liability having to do with basic negligence. This was an extraordinary intervention on behalf of an entire industry, unparalleled in the modern annals of Congress.
So where was Sanders in all this? As a second-term congressman, he steadfastly opposed the Brady Law (although he did bring himself to vote for the largely symbolic assault-weapons ban). In 2006, when he was running for Senate, he voted with pro-gun, pro-corporate Republicans on the odious immunity bill.
I guess you could call this a mixed record, in the same way that I could throw a shot of rum into a barrel of Coke and call it a mixed drink. But not all votes carry the same weight, and if you know what you’re talking about, it’s hard to see Sanders’ record as anything but grossly pro-industry.
On the two most meaningful pieces of gun legislation in American history — one that is the foundation for federal gun restrictions, and the other a clear effort by lobbyists to use their muscle to subvert the legal process — Sanders came out on the side of industry. Whatever other votes he’s taken since becoming a senator (including one to extend Brady to private sellers at gun shows) have to be considered less consequential.
Now, to be clear, my point isn’t to castigate Sanders for the votes he cast on a single issue over a 20-year span. My guess is that Sanders would do it differently now if he could, but on the list of things that make me think he might not be the next president who ends up on Mount Rushmore, the gun record sits pretty far down.
But here’s the thing: When Sanders and his supporters defend his votes, they like to make the point that Sanders has represented Vermont, where an awful lot of pickup trucks sport NRA stickers, and where an awful lot of gun dealers make a decent living and don’t want to get sued out of business.
“I come from a rural state, and the views on gun control in rural states are different than in urban states,” Sanders explained during the Democratic debate in Las Vegas in October. In an interview on CNN’s “State of the Union” last year, he said: “The people of my state understand, I think, pretty clearly, that guns in Vermont are not the same thing as guns in Chicago or guns in Los Angeles. In our state, guns are used for hunting.”
In other words, Sanders was representing the interests of his constituents. And you know what that makes Bernie Sanders?
A politician, that’s what.
And this is the problem the gun issue creates for Sanders. Because a politician is precisely what he purports not to be. His entire rationale as a candidate is that he alone chooses principle over polls, that he votes his convictions and can’t be corrupted by powerful interests or his own ambition.
Conversely, his main indictment of Clinton — which he laid out again this week, as Obama wept publicly over the human wreckage of gun violence — holds that she is a puppet of Wall Street, unwilling to break up the banks or reinstitute 20th century regulations because she’s a creature of political calculation rather than conscience.
It turns out, though, that Sanders understands political reality, too. He voted against the Brady Law because it wasn’t popular or especially relevant in Vermont, and you can bet he was already eyeing higher office back then. He voted for immunity at the very moment when he was also running for an open Senate seat, and that’s not a coincidence.
All of which is fine. There’s nothing wrong with winning. We elect senators to represent our interests at home, not to go off chasing their own utopian ideals at our expense.
But you can’t very well say that it’s all right for Sanders to look out for rural gun sellers in Vermont (over the welfare of poor kids in Chicago or Los Angeles), and yet somehow Clinton is the embodiment of venality because she took money and advice from Wall Street.
Her job in the Senate, after all, was to represent New York, the banking capital of the world. Like it or not, the financiers were her constituents, too.
The next Democratic debate will be held a week from Sunday in Charleston, S.C., a city shattered by a horrific mass shooting last year. And you can be sure that Sanders will reprise the argument he made this week — that Clinton is a subsidiary of the bankers and their narrow agenda.
When he does, Clinton might point out that she’s no more a sellout to Wall Street than Sanders is to the gun lobby. Both candidates have shown themselves to be pragmatists when they need to be.
Only one of them admits it.
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