Public Policy and Governance – Page 120

Excellent Analogies

Thanks to my lack of technical skills, some of you may have received a link to this previously. (Don’t ask….)

This misbegotten administration has spawned humor as well as despair–not only are satirists and comedians having a field day, but recently, as Trump’s disastrous, fumbling response to the pandemic continues to endanger us all, pundits and others have looked for explanatory analogies to our current predicament.

The “go to” analogy, of course, has been to Germany in the 1930s–mostly but not exclusively to Hitler. Max Boot–one of the “Never Trump” Republicans–went with a different angle.

Boot recently penned a column for the Washington Post titled “If Trump Had Been In Charge In WWII, This Column Would Be in German.” (The headline reminded me of a cartoon I saw recently, showing American soldiers in WWII, with one of them saying to a comrade something along the lines of “Wouldn’t it be weird if 75 years from now, the Germans were the good guys and we were the threat?)”

As Boot very plausibly rewrote history, with Trump instead of FDR in charge:

Picture the scene a few months after Pearl Harbor. The first U.S. troops have arrived in England, and the Doolittle raiders have bombed Tokyo. But even though the war has just begun, the Trumpified FDR is already losing interest. One day he says the war is already won; the next day that we will just have to accept the occupation of France because that’s the way life is. He speculates that mobilization might be unnecessary if we can develop a “death ray” straight out of a Buck Rogers comic strip. He complains that rationing and curfews are very unpopular and will have to end soon. He tells the governors that if they want to keep on fighting, they will have to take charge of manufacturing ships, tanks and aircraft. Trumpy FDR prefers to hold mass rallies to berate his predecessor, Herbert Hoover. He even suggests that Hoover belongs in jail along with the leading Republican congressmen — “Martin, Barton and Fish.”

Probably the most compelling analogy I’ve seen, however, was on a Twitter thread my son shared on FaceBook. It was an effort to explain reality to the anti-mask “freedom fighters” who want the “liberty” to infect the rest of us. (I know it isn’t a “politically correct” thing to say, but if they were just endangering each other, I’d urge them on…)

At any rate, the tweeter- Jeremy TEST/TRACE/ISOLATE Konyndyk–analogized the virus to poop in the swimming pool. As he pointed out, when a kid poops in the water, which happens a few times every summer, everyone clears the pool. “That’s the initial step to protect people from the poop.”

Then some poor soul on pool staff has to go fish out the poop. It’s a pretty thankless job.

Then they have to shock the pool with chlorine to kill off bacteria. And then everyone waits half and hour or so til it’s safe to swim again.

If the lifeguards tell everyone to clear the pool, but the pool staff declines to actually get rid of the poop, what happens? No one can go back in. The poop is still there. Limbo.

Whose fault is it that it’s not safe to go back in the water? Who is accountable?

Do you focus on the people saying “clean up the poop before we can go back in safely!”? Or do you focus on the staff whose job it is to clean up the poop? And what would you think if the staff started saying – look, just get back in. Be a warrior.

As Jeremy points out, right now America is a big swimming pool with a poop problem and a President who– rather than clean up the poop– is urging everyone back into the pool. According to him, the *real* problem is those people who think the pool’s not safe yet. They must hate the pool.

The President’s whole play here is to distract from his failure to fix the mess by focusing the country’s attention on people who don’t want to swim in a pooped-in pool.

He wants you to believe they’re saying you should never go back in. And if you buy that, he’s off the hook. He doesn’t have to clean up the poop, and he doesn’t get blamed for failing to do so. Win-win for him.

But NO ONE is saying “never go back in the pool.” They’re saying – please clean out the poop first.

It’s an analogy even the limited intellects who are demanding the “freedom” to ignore everyone else’s rights ought to understand. But I’m not holding my breath…

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Kicking Them When They’re Down

A few days ago, I referenced President Obama’s efforts to console family members of the worshippers gunned down during bible study in Charleston, and said I found it impossible to imagine Trump trying to comfort anyone.

Not only does he not console– or even empathize with–people who are suffering, Trump’s instinct is to kick them when they’re down. Just as he insisted that John McCain wasn’t a hero “because he got caught,” he considers Americans who are disadvantaged “losers” –his favorite epithet. And “losers” have absolutely no claim on his sympathies (assuming, in the absence of any evidence, that he has the capacity for sympathy) or on government largesse. To the contrary.

Time Magazine recently reported on the difficulties disabled poor people are experiencing buying groceries during the pandemic. As the story noted, it can be difficult getting to the store in normal times, but in some states–where “stay at home” orders keep the elderly and “medically fragile” residents from venturing out, it has become a huge problem– because unlike other Americans, recipients of the Supplemental Nutrition Assistance Program (SNAP) aren’t permitted to use those benefits for grocery delivery in most states, including Indiana.

Speaking of food stamps, Vox and a number of other media outlets recently reported on the administration’s effort–in the middle of a pandemic that has triggered massive unemployment–to cut over 3 million people from the rolls.

The Trump administration is proposing bumping 3.1 million people off of food stamps (about 8 percent of the total program) through the federal rule-making process — cutting out Congress.

The rule cracks down on “broad-based categorical eligibility,” or BBCE, a policy that enables states to enroll people in food stamps (formally called the Supplemental Nutrition Assistance Program or SNAP) if they’ve already applied for other benefits limited to low-income people, most notably Temporary Assistance for Needy Families (TANF). The claim (which doesn’t have much basis in evidence) is that this provision is easy to game and keeps benefits from going to the neediest people.

In fact, Trump and his administration seem to be mounting a positive vendetta against Americans who have the nerve to be disabled and/or needy. Another recent proposal from the Social Security Administration would cut $2.6 billion dollars over the next decade from the two programs that anchor the disability safety net: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Recipients of these safety net programs aren’t exactly living high on the hog: the maximum amount that SSI will provide to a disabled beneficiary is just 74 percent of the federal poverty level — currently $12,490 for an individual– and the average for SSDI was just $14,855 per year.

Speaking of vendettas, Trump is clearly intent upon destroying the nearly 250-year-old Postal Service, evidently because he is convinced that the post office delivers Amazon purchases at a loss. (That–like so much of what Trump believes–is demonstrably untrue.) And he hates Jeff Bezos, who also owns the Washington Post.

Trump blocked a bipartisan plan to provide $13 billion to the post office, which was already struggling due to a 2006 Congressional requirement that it pre-fund employee retirement obligations to the tune of several billion dollars a year. Trump has now appointed a crony with no postal experience to be the new postmaster general, and is demanding a hefty raise in postal rates.

The Post Office employs 600,000 workers. It supports a $1.6 trillion mailing industry that employs close to another 7 million. (It also employs black workers at double the rate of the overall workforce.) Only someone as clueless–or heartless– as Donald Trump would try to throw another seven and a half million Americans out of work at a time when unemployment is at an all-time high.

The post office is also critical to American healthcare: in 2019 alone, it delivered 1.2 billion prescriptions, including almost 100 percent of those ordered by the Department of Veterans Affairs.

Those who are inclined to minimize the importance of the postal service might take a look at its performance during the current pandemic. Letter carriers are delivering much-needed items and at much lower cost than services like FedEx or UPS–everything from masks to stimulus checks. As states have migrated to vote-by-mail primaries, they’ve delivered the ballots. In fact, it isn’t much of a stretch to attribute the attack on the post office to Republican efforts to defeat vote-by-mail.

SNAP recipients, disabled people, poor folks, postal workers–to Trump, they’re all “losers” who can be kicked to the curb.

I think it was Maya Angelou who said “When someone shows you who they are, believe them.”

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Are States Outmoded?

Indiana residents who follow state economic trends probably know the name Morton Marcus. Marcus–who sometimes comments here– used to head up a business school think tank at Indiana University, and even though he’s retired, remains a popular public speaker–not just because he is very knowledgable, but because he’s always been willing to speak his mind and share his often “unorthodox” opinions.

When I first joined the faculty at IUPUI, Morton’s office was down the hall, and he would sometimes pop in to discuss those opinions. I still remember a conversation in which he argued that states–whose boundaries have always been artificial–no longer made sense. Instead, he thought the U.S. should be governed through designated areas of economic influence: the Chicago region, the Boston region, etc.

I thought back to that conversation when I read a recent paper issued by the Brookings Institution. Many years later, Brookings scholars have evidently come to the same conclusion.

The paper began by noting the country’s haphazard response to the coronavirus pandemic, exacerbated by the failure to coordinate governance across local and state lines.

There are a number of ways in which the patchwork of state responses–and the tendency of many Republican governors and legislators to treat the pandemic as a political and economic problem rather than a public health crisis–is leading to thousands of unnecessary deaths. The recent majority decision by Wisconsin’s conservative Supreme Court justices to the effect that the state’s Democratic governor lacked the authority to order a uniform state response is just an extreme example of the chaos caused by internal state political struggles.

Even without the politicization of Covid-19, however, state lines complicate government’s response. New York Governor Andrew Cuomo explained the problem during a briefing about plans to deploy contact tracing:

“If I turn up positive, yeah, my residence is in Westchester County, but I work in New York City, and I would have contacted many more people in New York City than I did in Westchester…If you’re going to do these tracing operations, you can’t do it within just your own county, because you will quickly run into people who are cross-jurisdictional.”

The paper pointed out that the multiple governance dysfunctions caused by state lines aren’t limited to those highlighted by the pandemic:

Before the arrival of the coronavirus, our planning processes formalized many inequities within and across regions, ranging from hospital bed availability to housing inventory to environmental racism…

Before the coronavirus arrived, both established metropolitan regions and “megaregions”—combinations of two or more metro areas—were consolidating at unprecedented levels. This brief presents evidence documenting these trends, and makes the case for new state and federal policy frameworks to address cross-jurisdictional equity problems that emerge when everyday activities happen in a mega-region.

The paper describes the changes in residential and commercial activity over the past decades, resulting in the creation of what the authors call “large polycentric regions, or a “megapolitan America.” Jobs, housing, and consumption now occur across multiple state and municipal jurisdictions. Significant numbers of people commute between cities or town centers. Etc.

The paper describes several of these regions, and the inequities within them, and I encourage those of you who are interested in the data to click through and read the entire paper. But living in Indiana, I was particularly struck by this description of one problem caused by the mismatch between legal jurisdictions and contemporary realities:

The lack of regional governance institutions is particularly problematic for addressing equity problems within regions. For example, a worker may live in a lower-cost municipality and work in a wealthier one. The revenues generated in the wealthy area will not normally support the services available in the worker’s lower-cost neighborhood if it is in a different county.

We have the opposite situation in the Indianapolis region: workers who commute to Indianapolis from wealthy suburbs in other counties. These commuters use the infrastructure and public services paid for by cash-strapped Indianapolis (where state government agencies and nonprofit statewide organizations occupy roughly 25% of the real estate and are exempt from property taxation), but their taxes go to their already flush home counties.

The Brookings paper provides one more example of an over-arching and increasingly dire problem–the failure of America’s governing institutions to keep pace with contemporary realities. Structures like the Electoral College, the filibuster, the way we conduct and finance elections, and the way we allocate governance responsibilities among local, state and federal authorities are just a few of the systems that no longer serve their intended purposes.

A blue wave in November is an absolutely essential first step toward addressing America’s creaky governing infrastructure. Given the percentage of voters who remain in the cult that was once the GOP, however, I don’t have high hopes for the thoroughgoing reforms we need.

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Here Comes The Judge

This is why ethical, competent Judges matter.

The linked article from The Washington Post is one of many similar stories we awoke to on May 12th. The “back story” –William Barr’s frontal assault on both the rule of law and the integrity of the Department of Justice by petitioning to drop the case against Michael Flynn–enraged patriotic Americans; it outraged lawyers in particular. (Lawyers and former lawyers tend to think that the rule of law matters. A lot.)

When news broke of this unprecedented and dishonest pleading, my hope was that the judge presiding over the case–who had shown no particular sympathy for Flynn–would deny it. I assumed that Barr knew such a denial was probable. However, Barr also knew that the mere fact that the DOJ had filed such a pleading would add plausibility to the President’s multiple lies about the Mueller investigation and the wacko conspiracy theory he’s calling “Obamagate.”

In other words, no matter what the judge ruled, the mere fact that Barr submitted the pleading would be a “win/win” for the forces of obfuscation, and would become part of Trump’s Big Lie about a nefarious “Obamagate” plot.

The judge outsmarted him. Bigly.

A U.S. judge put on hold the Justice Department’s move to drop charges against Michael Flynn, saying he expects independent groups and legal experts to argue against the bid to exonerate President Trump’s former national security adviser of lying to the FBI.

U.S. District Judge Emmet G. Sullivan said in an order Tuesday that he expects individuals and organizations will seek to intervene in the politically charged case. Having others weigh in could preface more aggressive steps that the federal judge in Washington could take, including — as many outside observers have called for — holding a hearing to consider what to do.

Sullivan also appointed a retired judge to argue against the DOJ’s request.

Judge Sullivan said he will set a schedule for outside parties to argue against the claims made in the Justice Department’s effort to drop the charges. Amicus briefs will be allowed from parties who believe they have interests that would be affected by the ruling, or from
parties or organizations with “unique information or perspective that can help the court.”

The nearly 2000 lawyers who formerly worked for the DOJ and recently signed a letter demanding Barr’s resignation would certainly qualify as having a “unique perspective.”

So would a group that identified itself as “Watergate Prosecutors,” who had filed a unique request a day earlier. They asked permission to file a friend-of-the-court brief addressing the need for independent scrutiny and oversight to “ensure that crucial decisions about prosecutions of high-ranking government officials are made in the public interest.”

“The integrity of prosecutorial decision making is a cornerstone of the rule of law,” they wrote. “Amici have a special interest in restoring the public trust in prosecutorial decision making and in public confidence in the viability of future independent investigations and prosecutions if the results of such work are likely to be subjected to reversal by transparent political influence.”

What is especially gratifying is that the Judge’s order not only allows these and other parties to file objections to the Justice Department’s move, but that such objections could open the door for adversarial proceedings in which arguments for and against Barr’s effort to dismiss the case would be heard.

Especially gratifying is the conclusion that such objections would also permit, if the judge chooses, requiring both sides to produce evidence and revisit the case for and against Flynn.

Instead of allowing Trump to use Barr’s pleading to confuse voters and sow even more distrust of the government he was elected to manage, the Judge’s move might allow re-litigation of the charges and re-airing of the evidence–something quite contrary to what Trump and Barr were hoping to accomplish.

As Jean-Luc Picard might say, “Make it so.”

Karma’s a bitch. I love it.

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An Omen….

Like most of you who read this blog, I’ve been sequestered for several weeks now. And also like most of you, my link to the outside world–to work, family, news, commerce–has been the Internet.

I think there’s a song about not appreciating what you have until it’s gone…

A few days ago, in the midst of end-of-semester grading and other academic “wrap-up” obligations, our Internet went out. The timing was particularly bad, because I’d agreed to participate in a FaceBook “town hall” on voting that night, and the next morning a doctoral committee on which I’ve been serving was meeting via Zoom for the candidate’s all-important dissertation defense.

Thanks to my phone, I was able to participate in both, at least to a degree. But when I drew a breath of relief, it occurred to me that I had seen a highly plausible version of the future.

Think about just how dependent we have become on the Internet.

In our house, we have a “smart” thermostat. We open and close our front door with an Internet-enabled Amazon Key. Our new water softener uses the Internet to tell us when it needs salt. We bank online–remote depositing the occasional checks that still come via snail mail, and paying bills through the bank or PayPal. If we run out of some household good–batteries, furnace filters, vacuum-cleaner bags, whatever–we order replacements on line.

Our burglar alarm is online. We pay our taxes online. We stream television online.

The pharmacy that fills our standard medications is online. Amazon is there for so many purchases–especially during the Coronavirus lockdown. And during this lockdown, we’ve been able to order groceries online and have occasional dinners delivered by ClusterTruck and the like.

Communication and information? All online.

After my panicky episode (lasting a whole day!), I started to think about what America would look like if huge numbers of our citizens lost access to the Internet.

We are already seeing the problems caused by the so-called “digital divide.” As schools and universities have moved to online instruction, poor children and children in rural areas without access broadband have been significantly disadvantaged, further driving a wedge between the haves and have-nots.

In my more idle times, I’ve wondered what would happen if America was attacked not by guns or bombs, but by a successful effort to take down the country’s Internet. I don’t know whether that’s possible–whether there is sufficient redundancy in the system to foil such an effort–but the consequences would be disastrous. It would bring all the country’s systems and commerce to a screeching halt.

What is far more likely is that, when we finally emerge from this pandemic, it will be into an economy where unemployment is at Depression-era levels. Millions of people would be hard-pressed to pay for food and a roof over their heads–let alone IPhones and Internet service.

What would that America look like?

This pandemic has brought so many of our national weaknesses into sharp focus, and not just our inexplicable refusal to adopt universal healthcare. Chief among those weaknesses is a longstanding inattention to aspects of our constitutional system that no longer serve us; glaring examples are the Electoral College and the way our federalist system currently allocates responsibility/jurisdiction between the federal government and the states–especially responsibility for conducting elections. Along with gerrymandering and the widespread lack of both civic literacy and civic responsibility, outdated constitutional structures are a major reason we have both a President and a Senate utterly incapable of doing their jobs, let alone handling the crisis we are now facing.

Meanwhile, social media promotes the conspiracy theories and “alternate facts” these officials depend upon for their continued political viability.

Think Nero was bad?

Our own mad leader doesn’t fiddle; he tweets while America burns–continuing to squander America’s global credibility, endanger the lives and livelihoods of millions of our citizens, and demonstrate un-self-aware buffoonery.

What would he and his pathetic crew do if more than half of America lost access to the Internet?

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