Category: government transparency

Categories
Accountability crime and punishment government transparency media and media people moral hazard national politics & policies privacy Snowden

Clapper into the Clink?

James Clapper, lies, Congress, testimony, Senate Intelligence Committee, surveillance, civil liberty

Lying to Congress is a strange crime. A number of people have been prosecuted for it over the years, but Congress isn’t a court of law and, more to the point, Congress may present the densest source of lies in the United States.

The idea that it would be illegal for a citizen to lie to a den of liars is, well, a bit amusing.

But it is illegal, and definitely should be illegal, for government functionaries to give false testimony before Congress.

That’s why the case of the admittedly “untruthful”* James Clapper is so aggravating. When asked by Senator Ron Wyden, on the Senate floor, about data collection of phone calls by the U.S. federal government, he — the director of national intelligence under President Barack Obama from 2010 to 2017 — lied through his teeth.

And had not Edward Snowden leaked information on the National Security Administration’s metadata collection program, we would not have learned anything about it.

No wonder, then, that several congressmen want to prosecute Clapper before March 12, when the Statute of Limitations runs out on his crime. Steven Nelson at the Washington Examiner quotes Rep. Ted Poe (R‑Tex.), Rep. Thomas Massie (R‑Ky.), Rep. Louie Gohmert (R‑Tex.), and Rep. James Sensenbrenner (R‑Wis.) as all being in favor of siccing federal prosecutors on the forked tongue spymaster.

Senator Wyden warns that letting lies such as Clapper’s go unaddressed encourages Americans to be cynical about government, and “makes it possible, even probable, for hucksters and authoritarians to take power.”

Too late?

This is Common Sense. I’m Paul Jacob.

 

* Clapper’s March 2013 whopper at the Senate Intelligence Committee hearing was that the NSA was “not wittingly” collecting “any type of data at all” on millions of Americans. Later, to MSNBC, he characterized his artful dodge as having been “the least untruthful” way for him to respond.

PDF for printing

 

Categories
Accountability crime and punishment First Amendment rights general freedom government transparency local leaders moral hazard Regulating Protest too much government U.S. Constitution

Lock Her Up

Deyshia Hargrav, superintendent, schoolboard, Vermilion Parish school board, free speech, government, local government, Lozman v. Riviera Beach, Florida, Supreme Court

“Who Are We?” I asked Sunday at Townhall​.com.

Today’s question: What have we come to?

Under a seemingly click-​bait headline in The Atlantic, “Can Government Officials Have You Arrested for Speaking to Them?” Garrett Epps examines last week’s outrageous handcuffing and arrest of a Louisiana teacher, Deyshia Hargrave, for speech displeasing to the Vermilion Parish school board at a public meeting.

The elementary school teacher complained about a $30,000 raise the board was giving the superintendent, noting that teachers had not seen an increase in nearly a decade. After asserting that the raise would be “basically taken out of the pockets of teachers,” she was ruled out of order by the school board president and then asked to leave the premises. She calmly left the meeting room … only to be forced to the floor, handcuffed and arrested once in the hallway. 

Police claimed the arrest was for “remaining after having been forbidden” and “resisting an officer.”

The school district announced it won’t press charges. Very funny. Anyone can see from the video that her treatment was excessive. 

Next month, the U.S. Supreme Court will hear oral arguments in Lozman v. Riviera Beach, Florida, where an arrest was clearly retaliatory, but the city is newly claiming another violation it could have used to arrest Mr. Lozman. 

Does this after-​the-​fact adding on of charges provide governments with an escape clause? As Epps argues, a Lozman decision “could either rein in, or embolden, the tiny-​handed tyrants who rule county buildings and city halls around the country.”

If respectfully challenging our so-​called public servants in meetings designed for that can lead to being arrested, handcuffed and dragged off, we no longer live in ‘the land of the free.’

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
Accountability folly government transparency local leaders moral hazard porkbarrel politics responsibility too much government

Babylon Goes Broke

California, pension, crisis, canary, cage, coal mine, spending, taxes

A few Babylonian, er, California cities going bankrupt — Stockton, Vallejo, and Bell — should be seen as more than dead canaries in a coalminer’s care. 

Indeed, you don’t need special prophetic gifts to see the dangers posed by over-​promising cushy pensions to government workers. Californians are coming around. And the state’s governor, Jerry Brown, appears to be “calling for reductions in gold-​plated, unsustainable public-​sector pensions,” as Nick Gillespie informs us at Reason.

But statewide reforms will not be easy. The problem is huge, presenting grave costs. “Absent the ability to alter pensions, states and localities have to devote more and more of their taxes to simply covering the costs of retired workers,” Gillespie explains. “Worse still, they often raise taxes to cover rising costs, typically at the expense of providing basic services such as police and road maintenance.”

Yes, over-​promising defined-​benefit pension packages effectively distributes wealth away from basic government services and into the pockets of the people with whom politicians work most closely.

Unfortunately, the courts long ago decided that politicians’ promises to employees outweigh basic government duties. That is, the courts determined that “public-​sector employees at all levels of government had an inviolable right to the pension benefits that existed on the day they were hired.”

But the courts seem to be lightening up on this “California Rule,” and the governor has dared mention that, come “the next recession,” some headway might be possible.

No matter what you may think of this rather desperate hope, the writing is on the wall. And it is in red ink and numbers, not Babylonian.*

As America’s Babylon is finding out.

This is Common Sense. I’m Paul Jacob.

 

* And not “Mene, Mene, Tekel, Upharsin.”

PDF for printing

 

Categories
Accountability government transparency insider corruption moral hazard national politics & policies porkbarrel politics too much government

Earmark This Bad Argument

earmarks, ear marks, pork, Congress, spending, corrumption, deals

With President Trump endorsing a return to earmarks, House Republicans too are reportedly “reconsidering” their usefulness and pondering “how they might ease back into the practice.” Lawmakers fret that they have lost too much power by giving up this instrument of corruption. (Not their characterization.)

Wikipedia defines “earmark” as a budgetary provision that “directs funds to a specific recipient while circumventing the merit-​based or [competitive] allocation process.” An earmark is a taxpayer-​funded goodie bestowed on a congressman’s constituent, the sort of crony willing to contribute to the bestower’s next election campaign in return. 

Quid pro quo, pay-​for-​play, bribery. Whatever you call it, there’s darn good reason why political leaders who fight corruption have fought to end earmarks.

Congressional Republicans imposed a ban on earmarks in 2011 to show that they were anti-​corruption. So why relapse? Well, “the time is right,” according to GOP Representative John Culberson, for Congress to prove it can use earmarks responsibly. His bad argument is that the “excesses” of a decade ago were committed by “knuckleheads [who] went overboard.” 

Somebody alert Culberson to the fact that many of the same knuckleheads are still in office. Ahem. Congress is not yet term-​limited, remember? 

The more basic point is that earmarks are by nature corrosive of sound government. President Trump’s only metric is apparently “getting [things] done” as opposed to obstructionism, preferring “the great friendliness” when we had earmarks. Sure, stuff got done — a lot more spending, a lot more bad stuff. 

To the extent they’re gone, earmarks should stay gone. The only appropriate action is to make it even harder to bring them back.

This is Common Sense. I’m Paul Jacob.

PDF for printing

 

Categories
general freedom government transparency ideological culture moral hazard national politics & policies too much government

A Tale of Two Sectors

best of times, worst of times, 2017, 2018, optimism, pessimism

“It was the best of times, it was the worst of times,” begins Charles Dickens’ popular 1859 novel, A Tale of Two Cities. The British master was not prophesying our times. He was describing the period of the French Revolution.

But the judgment feels awfully familiar.

Over at the Foundation for Economic Education, Antony Davis and James R. Harrigan talk up the case for “the best of times,” for optimism: “Global illiteracy rates are below 14 percent. Global rates of extreme poverty are below 10 percent. Despite there being more people currently alive on the planet than ever before, there are also more calories per capita than ever before.”

Davis and Harrigan provide actual reasons for thankfulness as we meet the New Year. 

Is there a case for pessimism, nevertheless? Yes. And Davis and Harrigan discuss at length a topic covered here earlier this month: the Ballou High School educational improvement scandal.

Optimism and pessimism, rationally speaking, fall into two camps: private sector progress and government-​sector regress. 

So, following Dickens’ checklist, ours is an age of

  • wisdom and foolishness —  check (both)
  • belief and incredulity — check (pick your subject)
  • Light and Darkness — check (just move your eyes from higher ed’s hard science departments to the humanities)

and on and on.* 

But the most unsettling thing about the “best of times” is that sometimes the great feeling of ebullience can end suddenly: one feels great in free fall — unburdened! free! — right before one hits the pavement.

Splat.

Maybe the best thing we can do this coming New Year is watch our governments as if we were hawks. To avoid the splat.

This is Common Sense. I’m Paul Jacob.

 

* Dickens’ long and memorable first paragraph: “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness …”

PDF for printing

 

Categories
Accountability crime and punishment folly general freedom government transparency ideological culture moral hazard Regulating Protest tax policy

Been Burned

IRS, I.R.S., corruption, taxes, budget, tears

“They’ve been burned. They’ve been hammered. They’ve been bludgeoned,” George Washington University law professor Miriam Galston explained to the Washington Post. “They’re trying to survive.”

In this heartbreaking discussion at this special time of year, the “they” are the poor, long-​suffering folks … at the Internal Revenue Service.

According to the Post analysis, “conservatives” have schemed to “scale back the IRS and shrink the federal government.” (I guess this is supposed to tear at every American’s heartstrings.) Notably, they “capitalized on revelations in 2013 that IRS officials focused inappropriately on tea party and other conservative groups based … Among conservatives, the episode has come to be known as the ‘IRS targeting scandal.’”

Note that term of art: episode.

The Post saw no scandal, however — despite the IRS having admitted to harassing, blocking and delaying Tea Party and conservative groups from exercising their most fundamental First Amendment rights to freedom of association and freedom of speech, in some cases for four years. 

Instead, the Post decries the response to this gross violation of citizens, a congressional check on the power — and budget — of the agency responsible: reducing the budget for the Exempt Organizations division of the IRS from $102 million in 2011 to $82 million in 2016.

Heavens, Washington is never supposed to work like that! It actually approaches … accountability. 

The budget cuts, along with hefty settlements the IRS is now paying to victimized groups that sued, make it less likely the IRS will repeat this scandalous … episode. 

“To many, the IRS targeting of Tea Party and conservative and even some progressive groups is not a scandal,” my Sunday Townhall​.com column concluded. “To me, that’s the biggest scandal of all.”

This is Common Sense. I’m Paul Jacob.

 

N.B. The title reference is to Neil Young’s song, Burned, which begins, “Been burned, and with both feet on the ground …”

PDF for printing

IRS, I.R.S., corruption, taxes, budget, tears