Category Archives: Public Policy and Governance

Two Cheers For The Deep State

I spent the past 22 years teaching students how to become members of the “deep state.”

Of course, we didn’t call it that, or see it as the negative that phrase suggests. Our faculty taught students who planned to enter public service–or civil society–the skills, knowledge and especially the specific ethical principles such service requires.

I even co-authored a textbook: American Public Service: Constitutional and Ethical Foundations. 

What the neanderthals sneeringly call “the deep state” is a bureaucracy devoted to those principles–government employees who understand that their loyalty is not to transient political authorities, but to a constitutionally-grounded ethic of public service. Every time civil servants have thwarted Trump, they have demonstrated a commitment to those principles.

A recent post to Juanita Jean described how a principled government workforce–the  ethical denizens of that “deep state”–acted to “preserve and protect” the operations of one government agency: Radio Free Europe.

Trump had installed one of his loyalists, a typical Trump sycophant named Michael Pack, to manage the agency.  Pack proceeded to replace members of the board and senior staff with Trumpers, ideologues, and conservative activists. He also dissolved all of the boards of agencies under his authority and packed those boards and the staffs of those agencies with what has been described as “a rogue’s gallery of religious fanatics, activists, ideologues and weirdos.”

Biden has already signaled a housecleaning once he assumes office, but according to reports, Pack is not planning on going quietly–he secretly began entering into binding employment contracts with his handpicked staff–the terms of which would block any Biden firings for two years.

The linked post tells what happened next.

When the career staff found out what Pack was doing, they said not no, but hell no, and blew the whistle.  Day before yesterday, they sent a four page letter to McConnell, Pelosi, and Senate and House leaders, the Inspector General, and the presidential transition team.  The letter was signed by over two dozen staffers including the editorial board, the editor in chief, and all the heads of the global regional operations.  In the letter, they made this statement:

“These actions include your recent distribution of a revised grant agreement with RFE/RL that has been unilaterally prepared by your office and is intended to revoke RFE/RL’s financial autonomy and embed your appointees within both RFE/RL and its Board of Directors for a period of two years – an unprecedented departure from RFE/RL’s tradition of working in a bipartisan manner with changing U.S. administrations. This conflicts with the appointment process enshrined in law and in our bylaws, and is precisely the kind of political power maneuver that RFE/RL regularly witnesses in places like Russia, Hungary, Belarus, and Tajikistan. We never thought we’d see it from our own oversight agency.”

What’s particularly galling is that in October a Superior Court Judge in DC ruled that Pack had acted illegally in dissolving the board and seizing control of the Open Technology Fund which was established to help areas of the world access to open and secure internet access.  Pack has ignored the court order and refused to reestablish the boards he dissolved.

Lawyers and political scientists talk a lot about the importance of the rule of law. What Pack attempted at Radio Free Europe is a perfect example of what happens when people in positions of authority ignore their ethical/constitutional obligations and make a mockery of the rule of law.

It took the courageous revolt by those much-reviled bureaucrats of the “deep state” to prevent the thugs and mobsters of the Trump Administration from eviscerating constitutional controls on agency operations.

Similar scenarios have undoubtedly played out in other parts of the federal government. We owe the much-maligned “deep state” our respect and our gratitude.

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Vaccines??

One lesson Americans should have learned from the past four years is that competent governance matters.

I understand that most Americans don’t follow the “inside baseball” of agency regulations, don’t realize the ways in which EPA rules, for example, affect the air they breathe and the water they drink, or how the disaster named Betsy DeVos has undermined their children’s education.But every sentient American should be able to appreciate the consequences of federal ineptitude in the face of COVID-19.

Perhaps it’s true that America was always going to bungle the vaccine rollout, as Ryan Cooper recently wrote in The Week, but if there was any doubt, the last couple of weeks should have dispelled it. Throughout the last, ghastly year, we’ve been treated to a do-nothing federal government–an administration unwilling and unable to provide coherent leadership or even accurate information. The effort to develop a vaccine was successful thanks to international cooperation and the allocation of a lot of money (although I should point out that the first vaccine “past the gate” didn’t even participate in Operation Warp Speed.)

The rollout has been equally unfocused, with the federal government shipping vaccine to the states and telling them to figure out how to distribute it. According to Bloomberg, as of January 2d, something like 12.5 million doses had been sent out, but just over 3 million shots had actually been administered. If efforts continued at this rate, it would take  seven years to inoculate the whole country

President Trump, of course, has completely failed to organize anything at the federal level. For all his manic shattering of political norms, his most characteristic behavior is simply not doing anything in a moment of crisis. Since early November, over a thousand people a day have died of COVID, steadily increasing to nearly 4,000 on some recent days, but Trump has done virtually nothing except try to overturn the election with tweets, play golf, watch television, and pardon his criminal friends…

That of course is making things exponentially more difficult for those lower levels of government. The federal government has always played a central role in previous mass vaccination efforts, because it is the only entity that can coordinate the whole country. States and cities have already endured brutal austerity, laying off millions of employees and cutting back services. Now they are trying to organize a massive logistical operation during a murderous pandemic by the seat of their pants.

It isn’t simply a lack of experience with this level of responsibility. As public health officials have repeatedly pointed out, the state-level public health departments that suddenly find themselves responsible for distribution of the vaccine have been starved of resources for decades.

Here in Indiana, that lack of experience and resources has sent the 80-and-up cohort who have finally been told they can now get vaccinated to a website that wouldn’t be considered “user friendly” even by tech-savvy youngsters. Their alternative is a telephone number that takes callers to an automated phone tree and an interminable wait. (As an aside, whoever designed that website should be tarred and feathered…)

Cooper notes that the utter incompetence that has characterized America’s response to the pandemic means that the task facing the incoming Biden Administration will be enormous.

Frankly I do not believe [Biden] will get very close to the standard of other wealthy countries, but on the other hand he could not possibly do any worse than Trump. Let’s hope when the void at the center of the American state is filled by something, the pace of vaccination can be drastically accelerated, and 2021 isn’t the nightmare that 2020 was.

Meanwhile, as Americans continue to die in horrific numbers, our insane President has taken up full-time residence in la la land, entirely absorbed in his delusional effort to overturn the election and hang onto a job he has shown absolutely no interest in doing.

As the old saying goes, this is no way to run a railroad–or a country.

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Lessons From Georgia

If Jews recognized saints, I’d lobby for Stacy Abrams.

Readers of this blog undoubtedly know the impetus for “Fair Fight,” her organization dedicated to combatting vote suppression and increasing registration of previously unregistered/unmotivated citizens. Abrams ran for Governor against Brian Kemp, who was then the Secretary of State administering that same election, a glaring conflict of interest. Kemp threw out some fifty-thousand registrations–most of which were from Black voters–on what observers called thin pretexts, which helped him win that election.

Abrams, formerly minority leader of the Georgia Statehouse, did what far too few of us do in such circumstances. She didn’t retreat to lick her wounds; instead, she created a movement to challenge vote suppression, engage the previously disengaged, and make the system work properly.

As an article in the New York Times yesterday put it, Abrams is currently one of the most influential American politicians not in elected office.

Abrams conceived the strategy and built the political infrastructure its implementation required. As a result, turnout among the state’s Black, Latino and Asian voters increased substantially. Her work was pivotal to Biden’s presidential win in Georgia, and in yesterday’s Senate run-offs.

Of course, yesterday’s stunning results also owed a debt to our insane President, whose illegal, embarrassing and unhinged attacks on the Republicans running Georgia’s election apparatus evidently depressed turnout in areas that were previously heavily pro-Trump. (As one Republican official reportedly noted, the GOP had to overcome the burdens of unappealing candidates and a maniac President..)

So–improbable as it may seem, the very southern State of Georgia will send a Black man and a Jewish man to the U.S. Senate. (File under “Miracles Happen.”)

Aside from the depressing fact that some 70 million Americans cast  ballots for the maniac, and the even more horrifying sight of a mob of goons, thugs and White Supremacists storming the Capitol yesterday in an attempted coup to support that maniac (more about that tomorrow), what lessons can we take from the ways in which this election cycle has played out thus far? 

The most obvious lesson–courtesy of Stacy Abrams–is the importance of grass-roots organizing. Whether a similar effort in Indiana would be effective is debatable, since our state lacks the substantial minority population on which Abrams built. But it certainly seems worth a try.

There is also a less obvious, but equally important lesson, and it is the extreme damage done by the way the electoral college operates today,and gives oxygen to the Trumpian mobs.

The linked op-ed, co-authored by Trevor Potter and Charles Fried, makes that case. Potter is a former chairman of the Federal Election Commission, appointed by George H.W. Bush.  Fried was solicitor general under President Ronald Reagan. (Hint: They aren’t among those “socialists” that Republicans see everywhere.)

Potter and Fried argue that the 2020 presidential election has been a disaster for people who think the Electoral College is still a good idea.

The presidential election is really 51 elections, each conducted and certified by its jurisdiction. Those who support the continued use of the Electoral College system say that the states “speak” to one another through it and so it performs a vital role in promoting national unity and the constitutional system…

But the multiple challenges to the votes of the people this year — expressed through the states and their votes in the Electoral College — teach us that the Electoral College is a fragile institution, with the potential for inflicting great damage on the country when norms are broken. Many of the attempts to subvert the presidential election outcome this year are made possible by the arcane structure and working of the Electoral College process and illustrate the potential for the current Electoral College to promote instability rather than the stability the framers sought.

Actually, I agree with the historians and constitutional scholars like Akhil Reed Amar, who argue “stability” had nothing to do with it–that the Electoral College was the price paid to keep slave states in the newly formed union. But Potter and Fried are certainly correct when they assert that this election cycle has provided a roadmap to politicians of either party who want to change an election’s outcome through postelection manipulation of the Electoral College, and that the mere existence of such a roadmap is destabilizing.

All of this will, and should, propel calls for modernization of the Electoral College. Many will seek its abolition and replacement by a single nationwide poll. But at the very least, the irrational intricacies of the 1887 Electoral Count Act should be replaced by a uniform system guaranteeing that the popular vote in each state controls the ultimate allocation of that state’s electors. The 2020 election has highlighted the destabilizing tendencies in the current system and the need for reform.

Americans have a lot of work to do. In the interim, I plan to light a candle to Stacy Abrams…

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The End Of The Road?

As regular readers of this blog know, I was for 35 years an active member of a political party that no longer exists. I was a Republican. Virtually everyone I worked with in Republican politics during those years has now left the GOP, and none of us recognize what is left.

Recently, Steve Schmidt, the former GOP strategist who ran John McCain’s Presidential Campaign, predicted the demise of the cult that is today’s Republican Party. 

The die is cast for the Republican Party. It will be destroyed on January 6th in much the same way the Whig party was destroyed by the passage of the Kansas-Nebraska Act in 1854. The act unraveled the Missouri compromise and allowed for the westward expansion of slavery.

“The party could not survive its factionalism. There could be no more accommodation, compromise and partnership between pro-slavery and anti-slavery Whigs. A new political party was born, the Republican Party. That party will divide into irreconcilable factions on January 6th.

Schmidt’s choice of tomorrow–January 6th– followed the announcement that several  Republican Senators plan to object to that chamber’s scheduled acceptance of November’s electoral votes (but before leakage of the taped conversation in which Trump tried to pressure the Georgia Secretary of State to fraudulently change that state’s vote total). 

The poisonous fruit from four years of collaboration and complicity with Trump’s insanity, illiberalism and incompetence are ready for harvest.

It will kill the GOP because its pro-democracy faction and autocratic factions can no more exist together then could the Whig Party hold together the abolitionist with the slave master….Fascism has indeed come to America and as was once predicted. It is wrapped in the flag and carrying a cross. 

The question, of course, is how many “pro-democracy” Republicans remain in today’s GOP.

Schmidt’s prediction of a split is buttressed by a lengthy critique issued by Senator Ben Sasse, aimed at dishonorable Senators like Hawley, Cruz and Braun. Sasse explained why he was refusing to participate in that project to overturn the election – and why he was urging his colleagues to reject what he called “this dangerous ploy.”

The letter is a quite long, and I urge readers to click through and read the whole thing. But here is a brief summary of the important points he raises:

  • There is no factual or legal basis for the protest.
  • There is no evidence of voter fraud significant enough to change the results. (Here, he includes a state-by-state analysis of claims and the lawsuits dismissing them.)
  • The claims that Trump’s lawyers make in public don’t match the claims made to courts, because opponents of the results aren’t really conducting a legal challenge–they are fundraising. “Since Election Day, the president and his allied organizations have raised well over half a billion (billion!) dollars from supporters who have been led to believe that they’re contributing to a ferocious legal defense. But in reality, they’re mostly just giving the president and his allies a blank check that can go to their super-PACs, their next plane trip, their next campaign or project.”
  • The Senators participating in this travesty do so despite knowing better. “When we talk in private, I haven’t heard a single Congressional Republican allege that the election results were fraudulent – not one. Instead, I hear them talk about their worries about how they will “look” to President Trump’s most ardent supporters.”

Sasse then points to the damage being done by “ambitious politicians who think there’s a quick way to tap into the president’s populist base without doing any real, long-term damage.”

But they’re wrong – and this issue is bigger than anyone’s personal ambitions. Adults don’t point a loaded gun at the heart of legitimate self-government…

All the clever arguments and rhetorical gymnastics in the world won’t change the fact that this January 6th effort is designed to disenfranchise millions of Americans simply because they voted for someone in a different party. We ought to be better than that. If we normalize this, we’re going to turn American politics into a Hatfields and McCoys endless blood feud – a house hopelessly divided.

Sasse has been one of the very few GOP lawmakers willing to “talk the talk” (although he has often proved unwilling to “walk the walk” with his votes.) Mitt Romney did criticize the arsonists for allowing ambition to eclipse principle, and Sen. Pat Toomey accused Cruz and Hawley– by name– of subverting American democracy. Even Tom Cotton and Liz Cheney have criticized the ploy, but I’m unaware of other current GOP officeholders who have done so.

Following disclosure of Trump’s stunning and illegal phone call, will any other Republican incumbents be willing to disavow the cowards, incompetents, would-be fascists and institutional arsonists who currently control the GOP? 

I guess we’ll find out.

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Mencken Didn’t Go Far Enough

A quotation by H.L. Mencken has been a recurring favorite on my Facebook feed since 2016. Famously curmudgeonly (is that a word?), Mencken wrote that

On some great and glorious day the plain folks of the land will reach their heart’s desire at last, and the White House will be adorned by a downright moron.

The Trump Administration has fulfilled Mencken’s prophecy, but his prediction arguably didn’t go far enough. Those “plain folks” who elevated the “downright moron” have also saddled the other branches of government with a wide assortment of defective/dishonest incompetents.

There’s a tried-and-true assortment of ignorant racists in Congress. There’s Louie Gohmert, perfectly described by Charles Pierce as “the dumbest mammal to enter a legislative chamber since Caligula’s horse.” Steve King finally lost his seat, but Jim Jordan is still there. And of course, there’s Devin Nunes, who memorably sued a cow...There’s no dearth of candidates for the dubious honor of “dimmest lawmaker.”

The Washington Post recently ran a column by Dana Milbank that should have embarrassed newly elected Alabama Senator Tommy Tuberville. However, Tuberville and those who voted for him appear immune to embarrassment, since the emotion requires recognition of what constitutes an embarrassing defect.

Tuberville — or “Tubs,” from his college football coaching days — is the Republican senator-elect from Alabama, and he’s proposing to object to the election results in the Senate on Jan. 6. Trump exulted: “Great senator.

Problem is, Tubs, if he were a Democrat, is what Trump might call a “low-IQ individual.” In their wisdom, the voters of Alabama chose to replace Democrat Doug Jones, who prosecuted the Birmingham church bombing, with a man who recently announced his discovery that there are “three branches of government,” namely, “the House, the Senate and the executive.”
  
He further informed the newspaper that “in 2000 Al Gore was president, United States, president-elect, for 30 days.” (Actual number of days Gore spent as president-elect: zero.)

Evidently, “Tubs” was able to avoid debates and interviews during the campaign. He did, however, issue a few statements transmitting a variety of his less-than-well-founded beliefs. When asked about his denial of climate change, he explained that “only God can change climate.” In response to a question about the opiod epidemic, he responded that “it isn’t just opioids, it’s also heroin.”

There’s more:

On health care: “We don’t have the answer until we go back to open up being a capitalistic health-care system where we have more than one insurance company.” (There are 952 health insurers in the United States.)

On education: “We’ve taken God out of the schools and we’ve replaced the schools with metal detectors.”

 Tubs has declared his desire to serve on the Senate “banking finance” committee, apparently unaware that banking and finance are separate committees — and that he is ineligible to serve on banking because Alabama’s senior Republican senator already does.

Milbank characterized Tuberville’s Senate campaign as “a magical voyage of discovery.” Tuberville had been unaware of a little Senate prerogative called “advice and consent,” or the existence and purpose of the Voting Rights Act–despite its centrality to years of public debate. 

As Milbank notes, as long as there are mental giants like Tuberville, “Trumpism will remain.” Trumpism, in this iteration, contains equal amounts of ignorance and venality; 
 when his business partner in a hedge fund pled guilty to fraud, Tuberville claimed he didn’t know anything. (Given his general performance, the assertion was convincing.) He also set up a foundation purportedly to help veterans, but veterans got only a third of the money raised.

As a candidate, Tubs offered exotic views on why rural hospitals closed (“because we don’t have Internet”), on impeachment (“I’ve been trying to keep up with it but it’s so hard”) and on constitutional democracy (“We’d probably get more done with just the president running this country. So let the Democrats go home”).

Alabama voters–who twice made Roy Moore the Chief Justice of their state Supreme Court– evidently epitomize the “plain folks” of Mencken’s observation.

Actually, it may be time to amend that Mencken prediction. It should read “On some great and glorious day the plain folks of the land will reach their heart’s desire at last, and they will be governed  almost entirely by morons.”

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