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Accountability crime and punishment general freedom government transparency moral hazard nannyism national politics & policies political challengers Regulating Protest responsibility too much government

How Insidious the Plot?

The story of the Wisconsin John Doe raids against conservatives, covered yesterday and the day before, is a big one. Huge. So I now continue.

The rest of the story? Recently, materials that police seized from the subjects of those dawn raids were leaked, illegally, to the Guardian newspaper — in direct violation of a court order. Yet more lawlessness.

Who leaked this information? Well, it was in the possession of the Milwaukee County prosecutors, and they haven’t alleged a Russian hack.

What’s really going on? Eric O’Keefe stated on Monday that “even though they never brought a charge, the prosecutors did achieve one of their major goals: the unlawful seizure of millions of private communications to create a searchable database of political intelligence spanning Wisconsin and the entire country.”

In short, the abusive investigation was part and parcel of a partisan effort.

State Rep. Dave Craig is urging the creation of a special legislative committee to “take sworn testimony . . . to determine whether those charged with the public trust have acted maliciously by intentionally leaking sealed materials in violation of state policy.”

It’s important that justice be done. To prevent future tyranny.

We don’t want to see a repeat of the IRS abuse of Tea Party groups without anyone being held to account.*

This is Common Sense. I’m Paul Jacob.

 

* Speaking of the IRS, it turns out that the head of Wisconsin’s Government Accountability Board (GAB) was a pal of Lois Lerner, who headed the IRS division responsible for violating the civil rights of Tea Party groups — before she took the Fifth, refusing to testify before Congress and then retiring with a six-figure pension. Further, there is evidence the GAB may have illegally provided confidential information to the IRS in hopes of getting the Feds to join in harassing these conservative groups.

 

FOR MORE ON THIS INCREDIBLE STORY


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Accountability crime and punishment government transparency moral hazard nannyism national politics & policies political challengers Regulating Protest responsibility too much government U.S. Constitution

A Morning After

Yesterday we celebrated the end to “a disgraceful episode in Wisconsin history” — the dawn police raids of the so-called John Doe investigations against conservatives alleged to have violated campaign finance regulations.

State and federal courts ruled that no laws were broken and some laws were unconstitutional — certainly Milwaukee County DA John Chisholm’s prosecutorial methods violated the rights of citizens the court called innocent.

The U.S. Supreme Court’s decision, announced Monday, not to hear Chisholm’s appeal thankfully ends this particular reign of error and terror.

So what have we learned?

First, courage is contagious. Had Eric O’Keefe with the Wisconsin Club for Growth not bravely spoken out, others would have remained quiet, and the prosecutors might have gotten away with what National Review’s David French called “a pure intimidation tactic to try to terrify conservatives into silence.”

Another unmistakable conclusion: yes indeed, it can happen here.

It has.

Obviously.

And if changes are not made, it will happen again.

Reforms have already been won. Not only is the John Doe investigation shut down, the law was changed, allowing for no more John Doe attacks. The Government Accountability Board, found to have acted from partisan motives, has been completely disbanded and new ethics bodies formed.

Another avenue of correction comes through the courts. The MacIver Institute filed a class-action lawsuit against Milwaukee County DA John Chisholm and others for illegally seizing documents, and Cindy Archer, whose home was raided by police, has filed a civil rights lawsuit.

Ms. Archer’s suit was dismissed after a federal judge ruled that the prosecutors had immunity. But that dismissal is now on appeal before the federal Seventh Circuit Court of Appeals.

The prosecutors will go to court . . . as defendants.

This is Common Sense. I’m Paul Jacob.


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Eric O'Keefe, Gov. Scott Walker, John Doe, Wisconsin

 

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general freedom moral hazard nannyism national politics & policies Regulating Protest responsibility too much government

Undefeated

It’s over . . . but it’s not.

A conscientious Show-Me state activist has won his case, but . . .

A year ago, the unethical Missouri Ethics Commission fined Ron Calzone $1,000 for not paying a silly $10 fee. To register as a lobbyist. They also ordered him to stop talking to legislators until he complied.

Citizen Calzone didn’t register.

He didn’t pay.

And he didn’t shut up.

On principle.

Instead, he contacted the Freedom Center of Missouri and the Center for Competitive Politics, a national outfit that defends our rights to participate in our supposedly participatory and representative democratic republic.

On Monday, a judge ruled in Ron’s favor, tossing out the “ethics complaint” against him. On a technicality, actually.

Winning is better than losing. But even if someone bothers to try again against Calzone, filing the suit properly*, Calzone would win.

You see, we have rights . . . including the freedom to talk to those pretending to represent us. It is not at all certain that government has any constitutional authority to regulate paid lobbyists.

But Ron is not a paid lobbyist. He volunteers for Missouri First, a citizen group.

So why did the speech police’s long arm reach out to grab him?

He’s effective.

More than a forthright advocate for what he believes, he has proven smart enough to find ways to allow fellow freedom-lovers to weigh in on bills they favor or oppose.

This has endeared him neither to legislators nor the lobbying “community” — professionals paid handsomely to lose to Calzone’s grassroots network. They will strike back. You can count on it.

But as long as there are citizens like him, the people will not be defeated.

This is Common Sense. I’m Paul Jacob.

 

* The charges weren’t filed by a “natural person,” as the law requires, but by the attorney for the Missouri Society of Governmental Consultants, the state lobbyist guild.


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A Federalist Prescription

California has become the 32nd state to stand up for the dying.

Gov. Jerry Brown just signed the “right to try” law that the Goldwater Institute has been pushing. It allows diagnosed terminally ill patients with only a few months left to live to try “experimental” medications.

These are drugs that haven’t passed through all the Food and Drug Administration’s many hoops.

The rationale for the law is that the FDA’s decade-long, costly process is ostensibly designed to prevent “dangerous” drugs from being regularly prescribed and sold and used in the United States. To save lives, you see. But it is simply cruel to hold patients in the process of dying to the strict standards of the slow, bureaucratic federal bureaucracy. Cruel because purposeless.

The Goldwater Institute’s press release clarifies the law like this: “Right To Try is limited to patients with a terminal disease that have exhausted all approved treatment options and cannot enroll in a clinical trial. All medications available under the law must have successfully completed basic safety testing and be part of the FDA’s on-going approval process.”

Hardly radical. Indeed, it seems such a meek and mild move, to me. If you are dying, and your doctor is obliging, who is harmed?

Two things, though:

  1. Had Americans a right to self-medicate — like we did before the Progressive Era nanny state bureaucracies were set up — this issue would not even come up. These reforms are necessary because we are not Once upon a time, all Americans could choose any medication.
  2. This is yet another example of states effectively nullifying federal law.

More please.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access First Amendment rights general freedom government transparency initiative, referendum, and recall media and media people moral hazard nannyism Regulating Protest too much government U.S. Constitution

Four Measures for Rogue Government

Rule of thumb: don’t enact today laws that, had they been obeyed by folks in the original 13 states of our union, would have prevented independence.

Voters in Missouri, South Dakota, and Washington have the “opportunity” to enact such laws this November.

In “Beware of Anti-Speech Ballot Measures,” Tracy Sharp and Darcy Olsen, presidents of the State Policy Center and the Goldwater Institute, respectively, offer a warning. Focusing on Measure 22, the South Dakota Government Accountability and Anti-Corruption Act, they show how dangerous notions like forcing “nonprofit organizations to report the names and addresses of their donors to the state government” can be.

Such disclosure would subject non-profits “to possible investigation by an unelected ethics board that is given the power to subpoena private documents and overrule decisions made by the state attorney general. . . .” Rogue, star-chamber government.

Fever dream?

No. Sharp and Olsen highlight a famous U.S. Supreme Court case that protected the NAACP from the state’s demand for the group’s funding sources. Both women also offer personal tales of how nasty the opposition (in government and out) can become when big issues are on the line.

I can personally attest.

These measures fly in the face of what really matters — encouraging robust public debate. Democracy doesn’t work when people dread participation. As our authors challenge, “[d]o we want America to be a country where government keeps public lists of law-abiding citizens because they dare to support causes they believe in?”

Especially when, without the secret (unreported!) activities of the Committees of Correspondence, the USA would not have become united states in the first place.

This is Common Sense. I’m Paul Jacob.


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Original (cc) photo by Michael Tracey on Flickr

 

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Accountability national politics & policies political challengers responsibility too much government U.S. Constitution

How to Corrupt Politicians Without Really Trying

In a Townhall.com column last January, I argued that politicians weren’t “stupid,” as Mr. Trump had loudly proclaimed — to few objections.

The problem is worse: too many politicians lack honesty and integrity. They’re in the politics biz for their own lucrative ends.

Six weeks ago, I declared — again, to few objections — that “Politicians Must Suffer.” Despite the provocative, sizzling-with-Schadenfreude title, my point was simple: “lavish pay, pensions and other benefits for city councilmen, state legislators and congressmen constitute a serious problem.”

“It breeds,” I added, “bad behavior when politicians line their own pockets. . . .”

Well, I’m right.

At least, I’ve got some academic back-up from a new study by Mitchell Hoffman of the University of Toronto and Elizabeth Lyons of the University of California-San Diego, entitled, “A Time to Make Laws and a Time to Fundraise? On the Relation Between Salaries and Time Use for State Politicians.”

Sounds like a fascinating read, eh?

“Using data on time use and legislator salaries, we show that higher salary is associated with legislators spending more time on fundraising,” the study’s abstract reads. “In contrast, higher salary is also associated with less time spent on legislative activities and has no clear relation to time spent on constituent services.” [Emphasis added]

While their study jives with my experience, the Wall Street Journal reports that others were surprised. Authors Hoffman and Lyons explain: “When salaries are higher, politicians face a greater incentive to get re-elected (as the value of serving in office is greater). Thus, they will optimally respond by increasing the time spent on fundraising.”

Sounds like in addition to lower pay for politicians, we need term limits, too.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access folly general freedom media and media people national politics & policies Regulating Protest too much government

The Two-Product Economic System

What if our economy worked like our political system?

Only two major companies would provide any particular product for sale. But don’t worry — we’d still have a solid choice between “This Product Is Obnoxious” and “I Don’t Trust This Product.”

Those two companies would create a non-profit entity — a Commission on Product Debates — empowered to determine the rules under which any upstart company could present its “third-choice” product to consumers.

That Commission would prevent any third-choice product from standing on the marketplace stage where consumers could compare it face-to-face with the two established choices . . . until it captured 15 percent of the market.

Last week, in real life, the Commission on Presidential Debates announced that its upcoming September 26th debate would feature only Republican Donald Trump and Democrat Hillary Clinton.

Neither Libertarian Gary Johnson, averaging 8.4 percent in the five commission-approved polls, nor Dr. Jill Stein, the Green, at 3.2 percent, met the 15 percent threshold set by the Commission.

Forget that polls also show nearly two-thirds of consumers — er, voters, want Johnson and Stein in the debates. You can’t win ’em all.

Or any at all . . . if you can’t take your product to market. And the presidential debates are an essential space in today’s political marketplace.

No third-party or independent presidential candidate has been allowed on that debate stage since Ross Perot qualified in 1992, at the time polling at 8 percent — below Johnson’s current percentage.

That was before the Commission required a polling threshold. After those debates, one in five Americans voted for Perot on Election Day.

Duopolies do not serve us well. They cannot. That is not even their aim.

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom ideological culture media and media people moral hazard nannyism national politics & policies too much government U.S. Constitution

Blame the Kids?

Why is it when some politicians or pundits get a brilliant idea about how to make the country better, involving (of course) making people do as the government dictates, it only applies to other people?

Sunday, on NBC’s “Meet the Press,” New York Times columnist and Times-styled conservative David Brooks bemoaned the electorate’s disunity due to the unprecedented unpopularity of Mr. Trump and Mrs. Clinton: “We could have a winner at 42 percent. Look at those poll numbers. . . . And so, that’s almost like a minority government. I think we’ve just got to do something about it.”

Do something? What?

Brooks explained, “Mayor Rahm Emanuel of Chicago has an idea that every kid who graduates from high school spends the next three months in some sort of national service. So a kid from Martha’s Vineyard or Marin County is with a kid from Mobile, Alabama, and just three months, it would make a difference.”

Chicagoans will warn against emulating Mayor Emanuel.*

“I thought national service was going to be a given,” host Chuck Todd then offered. “I mean, my God, we’ve been talking about national service my whole adult life and I can’t believe we’re not there.”

News Flash: The problem with our politics is not the fault of teenagers. Nor would forcing young people to put their dreams on hold the better to toil in some social engineering scheme solve anything.

Want national service? Begin with politicians and TV talking heads.

This is Common Sense. I’m Paul Jacob.

 

* A whopping 62 percent of Chicagoans disapprove of their mayor and fully 40 percent want ole Rahm Never-Let-a-Crisis-Go-to-Waste Emanuel to immediately resign. The mayor’s delay in releasing an incriminating police video, until after his re-election, has been the most incendiary issue. But also consider some ugly facts about systemic breakdown in city governance: the number of murders this year is already higher than last year, four out of ten freshman in Chicago high schools fail to graduate and 91 percent of graduates going on to college require remedial courses.


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Accountability moral hazard national politics & policies responsibility too much government

Did We Pay for That?

It takes a treasure trove of love for government to demand that taxpayers fund politicians and political parties, in addition to basic government services — and “handouts for everybody.”

Most of us have enough horse sense to seek to reduce the scope of subsidy in society. Especially subsidies to politicians and activists. Who wants their tax money going directly to their ideological opponents?

Well, at least there is one area in recent times that has been defunded: the major parties’ national conventions.

The quadrennial indoor parades and awards shows that constitute the modern presidential nominating conventions don’t have the same function that they used to. Because of the primary system, and a number of other factors as well, the conventions aren’t so much selection mechanisms as “four-day infomercials.”

That’s Anthony L. Fisher’s term for the spectacles.

Fisher, in “Who Paid for the Conventions” — which appears in the October 2016 issue of Reason magazine — informs us that “this year, for the first time since 1972, the parties and their host cities’ host committees were on the hook to raise all the money” to pay for these festivals of folly.

Specifically, the directive was 2014’s Gabriella Miller Kids First Research Act, which diverted the convention subsidy funds to pediatric health care research.

It sounds like a good cause. But it is worth noting, once again, that Congress, when it defunds one thing, rarely just neglects to “spend the money.”

It’s the Spending, Stupid. Or stupid spending.

In any case, one small step for Congress, one giant leap for getting taxpayers out of politics.

This is Common Sense. I’m Paul Jacob.


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Artwork based on original cc photo by Purple Slog on Flickr

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When Parasites Collide

There are times I wish I were a tax accountant.

You know, just so I could better understand the news.

The European Commission has handed Apple, Inc., a $14.5 billion tax bill.

Owed to Ireland.

Apple, the tax commissioners said, had paid too little in taxes to Ireland, amounting to a mere 1 percent of the company’s European profits.

The Emerald Isle’s normal corporate tax rate is 12.5 percent.

On first read, this sounded like a tale of crony capitalism, with the EU’s tax authorities riding in, heroically, holding aloft the gonfalon of fair play, on the side of truth, justice, and an even playing field.

Well, the story gets complicated. The U.S. Treasury has protested the ruling as unfair. And Senator Chuck Schumer called it a “cheap money grab.”

The Wall Street Journal opinion page comes out on Apple’s side, too, but gives some specifics. Apple paid all the taxes it owed under Irish and EU law, but the ruling wasn’t about law, it was, we are told, about politics.

I can believe that.

So, as near as I can make out, what we have here are three sets of governmental interests, each intent on sucking the most out of a rich, innovative, and wildly successful multinational corporation.

It’s hard not to side with the target, Apple, and think of the other groups as mere parasites.

After all, my non-accountant’s spidey sense suspects that Schumer objects because the U.S. government isn’t going to get any of that $13 billion.

Preferring an “expensive money grab,” I suppose.

This is Common Sense. I’m Paul Jacob.  


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