Public Policy and Governance – Page 135

Will Bribery Work?

Apparently, today’s Republicans–who sure don’t look like the Republicans I grew up with–are no longer bothering to hide their corruption from public view. All of America has witnessed the travesty of the Senate’s impeachment “trial,” and reports of the party’s operation “Redmap” and other efforts at gerrymandering and voter suppression have become ubiquitous.

Now Politico reports that even garden-variety bribery is out in the open.

Allies of Donald Trump have begun holding events in black communities where organizers lavish praise on the president as they hand out tens of thousands of dollars to lucky attendees.

The first giveaway took place last month in Cleveland, where recipients whose winning tickets were drawn from a bin landed cash gifts in increments of several hundred dollars, stuffed into envelopes. A second giveaway scheduled for this month in Virginia has been postponed, and more are said to be in the works.

The cash giveaways are supposedly under the auspices of an outside charity, the Urban Revitalization Coalition. That stratagem permits donors to remain anonymous and make tax-deductible contributions. (That adds insult to injury–taxpayers are subsidizing partisan bribery.)

One leading legal expert on nonprofit law said the arrangement raises questions about the group’s tax-exempt status, because it does not appear to be vetting the recipients of its money for legitimate charitable need.

“Charities are required to spend their money on charitable and educational activities,” said Marcus Owens, a former director of the Exempt Organizations Division at the Internal Revenue Service who is now in private practice at the law firm Loeb & Loeb. “It’s not immediately clear to me how simply giving money away to people at an event is a charitable act.”

The CEO of the organization is a longtime Trump ally, and the rest of the Politico report is enough to turn your stomach.

But this is hardly the only evidence that the GOP is trading money for votes. Salon has an article documenting contributions to Republican senators in advance of the sham impeachment trial.

President Trump’s legal team made numerous campaign contributions to Republican senators overseeing the impeachment trial.

Former independent counsels Ken Starr and Robert Ray, who both investigated former President Bill Clinton ahead of his impeachment, contributed thousands of dollars to Senate Majority Leader Mitch McConnell last year before they joined the president’s team, according to data from the Center for Responsive Politics (CFPR)….

The contributions came months before McConnell bragged to Fox News host Sean Hannity that he would be in “total coordination with the White House counsel’s office and the people who are representing the president in the well of the Senate.”

It would also be enlightening to know how many projects were recently and generously funded by the federal government in states represented by Republican senators–especially purple states.

And I suppose promising that a senator’s head wouldn’t be “on a pike” might be considered a bribe as well..

Along with raising money for senators who will decide his fate, Trump has also been accused of threatening Republicans after a Trump confidant told CBS News that senators were warned: “vote against the president, and your head will be on a pike.”

In all fairness, Trump has never made a secret of his belief that bribery is just part of doing business. According to the Washington Post,

For years, President Trump has criticized a more than 40-year-old law banning companies from bribing foreign officials to win business.

In 2012, he told CNBC that the Foreign Corrupt Practices Act was a “horrible law.” In a 2017 Oval Office meeting, Trump ordered his then-Secretary of State Rex Tillerson to do away with it.

“It’s just so unfair that American companies aren’t allowed to pay bribes to get business overseas,” Trump said, according to “A Very Stable Genius,” a book by Washington Post reporters Philip Rucker and Carol D. Leonnig that published in January.

White House economic adviser Larry Kudlow said recently that the Trump administration is “looking at” making changes to the global anti-bribery law.

Because of course they are.

Honesty, morality and integrity are so last administration.

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Picking Winners And Losers

One of the most common–and persuasive– arguments posed by so-called “conservatives” against government regulation is that government should not be “picking winners and losers,” that the market should make those determinations.

So what about the enormous subsidies government provides to fossil fuel interests–subsidies that those same “conservatives” defend?

Paul Krugman had a recent column in which he discussed both the subsidies and the discredited economic theories offered to justify them.The column was prompted by the arrogant response of Stephen Mnuchin to Greta Thunberg’s speech at Davos. Thunberg had called for an end to investments in fossil fuels; Mnuchin suggested that she go “study economics” before making what he implied were uninformed and childish recommendations.

(Krugman also noted that Mnuchin “doubled down” on his claim that Trump’s 2017 tax cut will pay for itself — despite the fact that, just a few days before, his own department had confirmed that the budget deficit in 2019 was 75 percent higher than it was in 2016.)

Krugman explained why “Mnuchin was talking nonsense and that Thunberg almost certainly has it right.” He began with basic economics:

One can only surmise that Mnuchin slept through his undergraduate economics classes. Otherwise he would know that every, and I mean every, major Econ 101 textbook argues for government regulation or taxation of activities that pollute the environment, because otherwise neither producers nor consumers have an incentive to take the damage inflicted by this pollution into account.

But what about those subsidies?

The International Monetary Fund makes regular estimates of worldwide subsidies to fossil fuels — subsidies that partly take the form of tax breaks and outright cash grants, but mainly involve not holding the industry accountable for the indirect costs it imposes. In 2017 it put these subsidies at $5.2 trillion; yes, that’s trillion with a “T.” For the U.S., the subsidies amounted to $649 billion, which is about $3 million for every worker employed in the extraction of coal, oil and gas. Without these subsidies, it’s hard to imagine that anyone would still be investing in fossil fuels.

Krugman points out that, while Thunberg may be young, her views come “much closer to the consensus of the economics profession than those of the guy clinging to the zombie idea that tax cuts pay for themselves.” And he then concludes:

But could the economics consensus be wrong? Yes, but probably because it isn’t hard enough on fossil fuels.

On one side, a number of experts argue that standard models underestimate the risks of climate change, both because they don’t account for its disruptive effects and because they don’t put enough weight on the possibility of total catastrophe.

On the other side, estimates of the cost of reducing emissions tend to understate the role of innovation. Even modest incentives for expanded use of renewable energy led to a spectacular fall in prices over the past decade.

I still often find people — both right-wingers and climate activists — asserting that sharply reducing emissions would require a big decline in G.D.P. Everything we know, however, says that this is wrong, that we can decarbonize while continuing to achieve robust growth.

Given all this, however, why are people like Mnuchin and his boss Trump so adamantly pro-fossil fuel and anti-environmentalist?

Part of the answer, I believe, is that conservatives don’t want to admit that government action is ever justified. Once you concede that the government can do good by protecting the environment, people might start thinking that it can guarantee affordable health care, too.

Given the scale of subsidies we give to fossil fuels, the industry as a whole should be regarded as a gigantic grift. It makes money by ripping off everyone else, to some extent through direct taxpayer subsidies, to a greater extent by shunting the true costs of its operations off onto innocent bystanders.

And let’s be clear: Many of those “costs” take the form of sickness and death, because that’s what local air pollution causes. Other costs take the form of “natural” disasters like the burning of Australia, which increasingly bear the signature of climate change.

In a sane world we’d be trying to shut this grift down. But the grifters — which overwhelmingly means corporations and investors, since little of that $3-million-per-worker subsidy trickles down to the workers themselves — have bought themselves a lot of political influence.

And so people like Mnuchin claim not to see anything wrong with industries whose profits depend almost entirely on hurting people. Maybe he should take a course in economics — and another one in ethics.

Krugman’s being silly. No one in this administration can even spell ethics.

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They Don’t Even Want To Hear It…

In the U.S. Senate, Republicans are repeating a line made infamous by Indiana’s own Earl Landgrebe during the Nixon Impeachment: My mind is made up. Don’t confuse me with the facts.

Landgrebe’s line also describes the current Indiana GOP, which has declined to hear any debate about a good government measure offered by Rep. Ed Delaney as an amendment to House Bill 1414. (Regular readers will recall my post on this effort to tell Indiana’s utilities that they won’t be permitted to go ahead with their plans to close down their inefficient, costly and carbon-producing coal plants unless the EPA has mandated the closure.)

After noting that what he termed HB 1414’s “coal bailout” would raise the cost of electricity for Hoosiers and worsen the air quality in the state, Delaney proposed an amendment that would make it a Level 6 felony for a coal interest or person who has a vested interest in coal to make a contribution to a political candidate or committee.

“I’ve grown concerned about the growing distrust Hoosiers have in our political system,” DeLaney added.

“If the state is going to subsidize an industry at the expense of taxpayers, lawmakers should not be allowed to take political contributions from that industry. Special interests shouldn’t be influencing such impactful legislation. The amendment I offered today would’ve held the coal industry to the same standards as casinos who can’t contribute to political campaigns. I am concerned to restore a greater sense of trust between Hoosiers and their legislators.”

The amendment was blocked from debate on the House floor by House Republicans.

At all levels of government, when Republicans have the power to do so, they block efforts to conduct the sorts of full and fair explorations that would be likely to inform the public but would be politically detrimental to the GOP.

If the facts make them look bad, they simply refuse to allow discussion of those facts.

In the case of HB 1414, as I noted previously, the utilities oppose it, environmentalists oppose it, and consumers get screwed by it. Coal companies must therefore depend upon their friends in the legislature to ignore the facts and protect them–and no one is friendlier than a lawmaker who benefits from an industry’s generous campaign contributions.

Representative Delaney’s amendment would remove the impression that coal interests had “purchased” the “friendship” of state legislators. Surely, if the impression is incorrect or unfair, lawmakers would be delighted to publicly debate it and pass it.

In Washington, they’re following in Earl Landgrebe’s footsteps. Despite taking an oath to act as impartial jurors, they are prepared to exercise raw power to prevent testimony that would confirm the accuracy of what they already know, because that testimony would be further evidence that they value party and power more than country or integrity.

The Republican super-majority in Indiana has declined even to debate the propriety of a rule against legislative bribery, presumably because citizens who followed such a debate (few as they are likely to be in the absence of local journalism) would see them protecting their ability to raise money from industries they subsidize.

Talk about a quid pro quo…

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The Plutocrats And The Theocrats

As if ALEC wasn’t enough of a threat to citizens of red states, we now have “Project Blitz,” an effort patterned on ALEC’s all-too-successful formula.

The first thing to know about Project Blitz is that it was launched in 2015 by the Congressional Prayer Caucus Foundation, the National Legal Foundation, and Wallbuilders. The latter is an organization founded by David Barton, the Republican operative and discredited historian who rejects the separation of church and state, claiming that the United States was founded as a Christian nation.

I had not previously heard of Fred Clarkson, who has evidently been studying the Christian right for decades, but he came into possession of Project Blitz’s 116-page manual of model legislation in early 2018. Clarkson says that Project Blitz is to Christian nationalists what ALEC is to corporate plutocrats–a number of the extreme anti-choice, anti-gay and pro-Christianity measures that have emerged from legislative chambers over the past couple of years came from Project Blitz’s package of twenty “model” bills.

The bills are seemingly unrelated and range widely in content—from requiring public schools to display the national motto, “In God We Trust” (IGWT); to legalizing discrimination against LGBTQ people; to religious exemptions regarding women’s reproductive health. The model bills, the legislative strategy and the talking points reflect the theocratic vision that’s animated a meaningful portion of the Christian Right for some time. In the context of Project Blitz’s 116-page playbook, however, they also reveal a sophisticated level of coordination and strategizing that echoes the American Legislative Exchange Council (ALEC), which infamously networks probusiness state legislators, drafts sample legislation, and shares legislative ideas and strategies.

A study conducted by Americans United for Separation of Church and State counted 74 bills considered by state legislatures in 2018 that echoed the “model legislation” in the Project Blitz handbook. All are intended to erode the First Amendment’s separation of church and state.

There are bills promoting “In God We Trust” on license plates and in public schools. (Here in Indiana, a bill to that effect is being considered by the legislature this year.) Then there are the “Christian heritage” bills, and those emphasizing “the importance of the Bible in history” to promote the notion that the U.S. is a Christian nation.

The measures which Project Blitz organizers admit might be “hotly contested,” are those seeking to empower licensed professionals to deny health care and other services based on religious beliefs and those that would allow adoption agencies to reject adoptive families on religious grounds.

At least 10 states have laws that allow discrimination by child welfare agencies, most of which have been passed since Project Blitz launched in 2015, and–surprise!– similar measures have been introduced in Indiana. (I’ve previously blogged about a couple of them.)

Project Blitz–and the Trump Administration–have been described as the “death rattle” of White Christian nationalism. In 2016, Robert P. Jones wrote“The End of White Christian America,” detailing the demographic inevitability of that end.(The linked article has the graphs, and an interview with Jones.)

Project Blitz is part of the Christian Right’s hysterical reaction to demographic reality, but recognizing that fact doesn’t make its efforts less worrisome–or less unAmerican. Just as ALEC has managed to delay regulatory reforms that would hinder the plutocracy, the legislation supported by Project Blitz would both delay the inevitable and cause considerable damage in the interim.

It’s also worth noting that today’s GOP is almost entirely composed of White Christian nationalists. In the states where Republicans hold sway, that “death rattle” is likely to be prolonged, dangerous and very, very ugly.

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Why Term Limits Aren’t The Remedy

We Americans are really, really attracted to what I call “bumper sticker” solutions to our problems–pithy “fixes” that you can slap on a bumper sticker. One of the most popular is Congressional term limits, which would rid us of doofuses like Louie Gohmert, but also deprive us of the invaluable institutional memory and wisdom of a Richard Lugar, or the savvy of a Nancy Pelosi.

My primary concern about term limits as a “quick and easy” solution to bad lawmaking is institutional. When a new Congressperson gets to D.C., he or she immediately looks for seasoned staff members. There is a small army of aides, lawyers, content specialists and the like who rotate among Congressional offices as this or that Senator or Representative retires or loses an election. They are knowledgable about the ins and outs, the “way things work,” and they are invaluable to a newbie just learning the ropes.

If that congressperson is compelled to leave office just after they’ve figured out where the restrooms are and where the bodies are buried–a process that takes at least two terms–who do you think will end up running Congress? And we don’t elect staff members. We don’t even know who they are.

If we don’t think our elected representatives are sufficiently accountable, why would our approval or disapproval matter to an actual “deep state”?

But there are other reasons to be dubious about the efficacy of term limits, and Pierre Atlas, who teaches political science at Marian College, recently posted a colleague’s paper to Facebook detailing the relevant research. Following are a few tidbits from that paper.

One of the important effects of term limits is that they increase legislative polarization. As Michael Olson and Jon Rogowski report, term limits reduce the value of holding office and increase the influence of legislative parties. Legislatures become more ideologically polarized when term limits are in effect.

A study of the Nebraska Unicam confirmed these effects. In that state, term limits gutted the legislature in the mid-2000s, leaving more than half the seats open when they went into effect. The parties responded rationally by recruiting people to run for those seats, and the people they recruited were far more ideologically motivated than those they were replacing. Even in an officially nonpartisan legislature, term limits sharply increased polarization….

Another important effect of term limits is to reduce legislators’ expertise and capacity.. If you can only serve for six or eight years, chances are you don’t get particularly good at some of the key tasks of legislating — writing a budget, crafting large bipartisan bills, understanding the executive branch well enough to provide competent oversight, etc. — before you get kicked out. Often legislative leaders have only a few years of experience before they take over the chamber…This inexperience and lowered capacity tends to make legislatures weaker relative to the governor’s office.

Other research found other negative consequences. (Citations to the research are in the linked paper.)

Term limits reduced voter turnout.

Termed-limited legislators put less effort into lawmaking in their final term, sponsoring fewer bills, doing less work on committees, and skipping more votes.

In Michigan, term limits limited legislator expertise and reinforced the power of caucus leaders, regional cliques, and consulting networks.

Redistricting is more partisan and more aggressive in term-limited states.

In inexperienced legislatures, power tends to be concentrated in the hands of a few experts.

For legislators with long term career goals in politics, term limits makes them less interested in constituent service, but more interested in fundraising.

Unfortunately, term limits aren’t a substitute for the hard work of citizenship–defined as voters who pay attention to what lawmakers are doing, and use the ballot box to limit the terms of those who aren’t measuring up.

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