Category Archives: Public Policy and Governance

Meanwhile…

The Late Show’s Stephen Colbert has a recurring segment he calls “Meanwhile.” It follows his monologue, which is usually devoted to the latest Trump insanity, and consists of lesser items he deems newsworthy, weird or amusing.

“Meanwhile” is a particularly apt word right now, because–meanwhile, as Americans are glued to the unfolding impeachment drama and the President’s increasingly unhinged responses to it–Trump’s corrupt and dangerous administration is busy destroying the agencies of our federal government.

Scientists are fired, and environmental protections eviscerated. Students are preyed upon by dishonest private “institutes” and “colleges” that the Department of Education encourages to operate with impunity. Public lands are handed over to private companies to despoil. Anti-discrimination rules meant to protect vulnerable Americans needing housing are weakened or eliminated. Refugees and immigrants continue to be abused. The head of the Department of Justice dishonors the Constitution and makes a mockery of the rule of law.

And every day, there is something like this: A crucial federal program tracking dangerous diseases is shutting down. As Vox reports,

Most of the deadliest diseases to affect humanity leap to human hosts from other animals. The 1918 flu pandemic likely came from birds. HIV likely jumped from a similar virus in chimpanzees and other monkeys. Recent Ebola outbreaks have come from bats, rats, and gorillas.

Ever since the 2005 H5N1 bird flu scare, the US Agency for International Development (USAID) has run a project to track and research these diseases, called Predict. At a cost of $207 million during its existence, the program has collected more than 100,000 samples and found nearly 1,000 novel viruses, including a new Ebola virus.

But on Friday, the New York Times reported that the US government is shutting down the program. According to its former director Dennis Carroll, the program enjoyed enthusiastic support under Bush and Obama, but “things got complicated” in the last few years until the program “essentially collapsed.”

“Things got complicated” is evidently bureaucrat-speak for Trump Administration ignorance and incompetence. As the article points out, pandemics seldom make the news until they happen, and that is too late–what is needed is to understand and prevent them.

As researchers warn that a flu like the 1918 influenza outbreak could kill as many as 50 million to 80 million people — and as new technologies alter the landscape of biology research, making it possible to study diseases in new ways but also making dangerous research easier than ever — it’s important for the US government to treat pandemic risks as a serious priority..

The end of Predict is a symptom of a bigger problem: The US government isn’t taking the risk of pandemics as seriously as it should be, and it isn’t investing enough in spreading the expertise and best practices that might be needed in the case of a global pandemic.

“It is the prospect of another such pandemic — not a nuclear war or a terrorist attack or a natural disaster — that poses the greatest risk of a massive casualty event in the United States,” Ron Klain, the former White House Ebola response coordinator, wrote for Vox last year. And yet pandemic preparedness gets very little attention.

The day-to-day task of governing gets very little attention. (It is a concept clearly foreign to our ignoramus-in-chief.)

We’re all fixated on the antics and tweets of the head buffoon. Meanwhile….

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A Depressing Analysis

I frequently cite Talking Points Memo. I have found it to be an excellent source of information about what’s going on in Washington–clearly progressive, but scrupulously accurate in its reporting and very thoughtful in its analysis.

I have a lot of respect for the site and for Josh Marshall, the journalist who established it. That’s why I found the following discussion both persuasive and depressing. It was an explanation of the dilemma facing GOP Senators, who–Josh explains– cannot simply rid themselves of Trump. Some of his observations..

There is simply no scenario in which the GOP can easily quit the President or do so without driving a major, divisive and lasting wedge through the center of the party…

Trump’s rule has been so durable because despite his unpopularity he maintains the intense support of a large minority of the electorate. For a mix of demographic and geographical reasons it is a minority that generally over-performs in electoral terms…

But probably 30% and certainly more than 20% are deeply attached to Trump, not only for his few relative points of ideological heterodoxy (trade restrictions, isolationism, etc.) but much more for his embodiment of an authoritarian and illiberal worldview both at home and abroad. These voters will have a very hard time forgiving any Republican leaders who turn on Trump and try to drive him from office. He has simply remade the party so thoroughly around an emotive ecosystem of dominance, obedience and betrayal.

Trump has built his political movement and persona around the politics of grievance and resentment. These are the taproots of the version of American conservatism we now call Trumpism. But Trump embodied and thus sealed and deepened those tendencies in a transformative way. Any partisan would resent politicians who turned on a leader to whom they felt a profound loyalty. But none like pro-Trump diehards.

Josh is convinced that a Senate Republican defection remains unlikely– that there is no substantial number of Republicans who will vote to remove Trump from office. But–as he points out–if facts continue to emerge confirming what we already know about the President’s perfidy, “there’s really no scenario in which most Republican senators won’t face a damaging outcome whichever side of the impeachment question they come down on.”

Don’t expect major defections. But that’s not really the question. The real issue is that Republicans are trapped with someone they can’t cut loose.

I have just one quibble with this otherwise compelling analysis. It begins with the assumption that these Republican Senators want to be re-elected more than they want to do the right thing.

A vote to convict would secure the Senator who casts it a favorable mention in the history books–and it would be a vote for Constitutional accountability and the rule of law.

A vote to acquit will mark the Senator who casts it as a moral coward–but probably an employed moral coward.

Josh has placed his bet on the choice most will make. It pains me to say it, but he is probably right.

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The Only Real Question

When I was a new lawyer, practicing in what was at that time a big law firm (52 lawyers), the partner I worked for insisted that there was only one legal question: what should we do?

In other words, while we might analyze the legal issues in the matter before us, while we might determine what mistakes our client or others had made, that analysis was only important to the extent it helped answer the question, which was “what should be done?”

I think about that focus a lot, because it’s the same question we need to be asking about America’s political situation.

It’s easy to be cynical these days. It’s easy to fall into a position of a “pox on both/all their houses.” There are people who take–and loudly voice– that approach every time Trump or McConnell or others in the GOP do something destructive or venal–which is pretty much every day. Yes, they say, the GOP is terrible, but the Democrats aren’t much better. People in both parties are bought and paid for. The entire political class is corrupt and self-serving, everyone in Washington has sold out to the plutocrats, and the same plutocrats own the news media so we aren’t getting the whole story. Etc.

I don’t happen to agree with that broad-brush indictment, but let’s say–for the sake of argument–that it’s true. If our entire political class is corrupt, what should be done? That is a question that the cynics never answer–and seldom even ask.

One remedy, of course, would be revolution. History suggests that violent revolutions rarely achieve their stated goals–that after blood is shed and lives disrupted, the “soldiers” of the revolution who assume power end up being as self-serving and corrupt as the people they displaced. In any event, in today’s U.S., revolution is highly unlikely.( It would also be highly unlikely to succeed, despite all those gun hoarders who insist that they need weapons to repel government tanks and artillery.)

I suppose we could all just “get over it,” to use Mick Mulvaney’s inelegant phrase. Just mutter and growl, and learn to live with a degraded and unprincipled system. Like the Russians.

Or we could begin the arduous but necessary process of reform with the recognition that there are a lot of people who go into government for the right reasons, whose behaviors may sometimes be constrained by “the system,” but who are honorable, who want to serve the public good and who act accordingly.

We could also distinguish between a political party that has gone completely off the rails (a recognition that is particularly painful for someone–like me–who worked for that party for 35 years) and a party that includes a wide range of people, some of whom are exemplary and some of whom are considerably less admirable. We could then support the party that is, today, clearly the lesser of two evils.

Then, if we wanted to do more than bitch indiscriminately, if we wanted to clean up those areas of our governance that have rotted out over time, we could get off our butts and get to work.

We could return civics to public school curriculums, help marginalized folks participate in the political process, lobby for an election law overhaul that would deter gerrymandering and vote suppression and make it easier to cast a ballot. We could support–or reestablish–local news organizations that would recognize their responsibility to act as local government watchdogs. Those of us who have the time and flexibility could research policy proposals, attend public meetings, and call or message our elected officials.

An informed electorate could engage in the admittedly hard work of incremental reform–which, despite the lack of glamor and the need to partner with imperfect people, is the way virtually all sustainable reforms get done.

We could act like citizens rather than subjects.

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A Different Kind Of Coup

Remember Darth Vader–aka Dick Cheney–and his theory of the “unitary executive”? Cheney wasn’t the only devotee of expanded power for the Presidency–it turns out that William Barr is a true believer, and far more dangerous than most of us previously realized.

A recent article in the American Prospect is chilling.

I have Article II, where I have the right to do whatever I want as president,” Donald Trump said in a recent speech to a far-right-wing campus organization. Trump is not a constitutional scholar, and he would not care at all about “constitutional architecture” were he not president. So where did this sweeping claim to executive power come from?….

But for Trump’s attorney general, William Barr, and others on the right, the effort to take power for the president from the courts and especially from Congress has been a 40-year project. Barr and his comrades may find statements like “I have Article II” crass and narcissistic, but in their view Trump is generally correct. Executive power maximalists argue that the “original intent” of the framers of the Constitution was to create a strong president with concentrated power and a largely advisory Congress.

The author notes that the most dangerous presidential power–and one that Trump’s lawyers are currently asserting– is the power to withhold information from Congress and the American people.

Neither Congress nor the courts nor voters can effectively check power abused in secret. And Congress’s power to require information from the president may be the power most difficult to reclaim if Congress yields that power in a tactical retreat in advance of the 2020 election.

Evidently, the expansion of presidential power–and the corresponding evisceration of Congressional authority–has been a 40-year mission for William Barr.

Barr (one of the original founders of the Federalist Society) worked in the Reagan White House with a group of lawyers who argued that the presidency had improperly lost constitutional powers after Watergate. Edwin Meese even asserted that the president could disregard Supreme Court decisions with which he disagreed.

Even very conservative legal scholars consider these assertions unfounded, and there is virtually nothing in the historical record that would support them. (The entire point of  “checks and balances” was to thwart an internal “coup” that would turn the president into either a monarch or a servant of Congress.)

After efforts by Reagan’s lawyers to challenge Congressional oversight failed in the Supreme Court,

Barr wrote and circulated throughout the executive branch a militant memorandum entitled “Common Legislative Encroachments on Executive Branch Authority.” The memo called for aggressive challenges to Congress’s claims to authority: “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved.”

As the author notes,

The bread and butter of congressional oversight of the executive branch is to examine executive branch actions and the reasons for those actions. According to Barr, none of that is any of Congress’s business.

Throughout his Executive Branch service, Barr–together with Cheney– has insisted that the President can ignore not only Congressional demands for information, but laws with which he disagrees.

The entire article is worth reading, because it gives needed context to the otherwise inexplicable behavior of William Barr today–behavior that is causing significant morale problems among the professionals at DOJ.

The following paragraphs are representative.

BARR WAS OUT OF GOVERNMENT through the Clinton, George W. Bush, and Obama presidencies, but remained a constant presence in rightist legal circles. On June 8, 2018, Barr sent an unsolicited memo to Rod Rosenstein, the deputy attorney general to whom Robert Mueller then reported, and to Steve Engel, who headed the OLC, entitled “Re: Mueller’s ‘Obstruction’ Theory.” Trump’s firing of Jim Comey as director of the FBI could not be obstruction of justice regardless of Trump’s motives, Barr argued, because the president’s power to remove executive branch officials is “illimitable.”….

BARR AND OTHERS ON THE RIGHT have sought relentlessly for four decades to concentrate power in the president and strip power from Congress. Barr’s legal arguments sound haughty and scary to all but the most ardent Trump supporters. But Barr is committed to presidential power with or without legal authority and with or without public support. And he will advance presidential power by any means necessary, which includes frivolous legal arguments and dilatory tactics forbidden by court rules and canons of legal ethics, and false testimony forbidden by criminal law.

I can’t imagine what philosophy of government would lead someone to Barr’s conclusions, but it is abundantly clear that he represents a clear and present danger to the Constitution as it exists, and to the Separation of Powers it clearly requires.

His attacks on separation of church and state are equally dangerous, but that is an issue for another day…

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What Is The Remedy For A McConnell?

An article I read in Vox a month or so ago has continued to bother me. The subject-matter was summed up in the sub-head: “The political system has an answer for a threat like Donald Trump, but none for a threat like Mitch McConnell.”

If Trump often acts like he is above the law, it is only because McConnell lets him. If McConnell decided to lead Senate Republicans in investigating and curbing Trump’s corruption, abuses of power, and obstruction of justice, Trump’s options would be to reform his behavior or be ejected from office.

The article goes on to make a point that is so obvious it is often overlooked. Despite their  differences (McConnell is evil, calculating and smart, Trump is mentally disordered, undisciplined and stupid) they do have one thing in common. They are both utterly shameless.

At the core of this is McConnell’s peculiar form of political shamelessness. This is the way McConnell and Trump are more similar than is often appreciated: they have both proven that the range of political action is disciplined less by external constraint than by a politician’s sense of shame — the degree to which they turn back in the face of public criticism, media opprobrium, elite backlash.

It was shamelessness, for instance, that let McConnell refuse to hold a hearing on Merrick Garland and then, grinning, admit that he’d fill a Supreme Court seat if one came up in 2020. McConnell’s predecessors held the same power he did and none of them attempted that maneuver. They weren’t restrained by laws or rules. They were restrained by temperament and a belief that to break the system was to betray the public.

When political scientists talk about “democratic norms,” it is the restraints of temperament and fidelity to tradition and rules that they are referencing.  McConnell has demonstrated his rejection of political accountability, and the system has no mechanism for dealing with someone who acts as if the rules simply don’t apply to him.

The Founders designed our form of government with demagogues in mind. That’s why the president is checked by Congress, up to and including the threat of removal. But they believed that Congress would consider itself in competition with the president, that ambition would check ambition. They did not foresee the rise of political parties and the way that would bring parts of Congress into cooperation with the president, that ambition would protect ambition.

The political system has an answer for a threat like Donald Trump but none for a threat like Mitch McConnell.

McConnell isn’t simply ignoring duties imposed by the Constitution; he is– as the Vox article says–shameless. His actions defy our expectations of normal human behavior, not because he is breaking the rules in order to benefit himself (lots of people do that), but because he is publicly flaunting his violations and daring observers to do anything about them.

As Rochefoucauld said, hypocrisy is the tribute that vice pays to virtue. McConnell is withholding that tribute. He doesn’t even pretend to behave honorably; his entire, smug demeanor says “I’m demolishing longstanding norms and traditions because I can and there is nothing any of you can do about it.”

The only remedies available are political: McConnell could lose his Senate race in 2020, or Democrats could take the Senate, removing his authority to do significant damage. Given that he represents Kentucky, the first is unlikely. (Possible, but unlikely.)

The second, I submit, is mandatory. Both he and Trump have to go, and only massive turnout will rid us of both of them.

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