Goodby To The Rule Of Law

It’s all quid pro quo, sleazy self-interest and graft in Trump’s swamp. The daily revelations–we’ve just learned that Commerce Secretary Wilbur Ross has been in business with Putin’s son-in-law, a connection that he somehow failed to disclose during his confirmation hearings– tend to obscure the more pedestrian varieties of corruption and self-dealing that continue unabated while we are distracted by the Russian investigation and tweets from our embarrassing ignoramus-in-chief.

Case in point: Talking Points Memo had a recent article about AT&T’s planned acquisition of Time Warner for Eighty-six billion dollars. The deal is awaiting regulatory approval.

AT&T needs the Justice Department’s approval for that deal. Normally, that decision would be housed off at the Antitrust Division at the Justice Department. But no one thinks that’s how it works in the Trump Administration. AT&T needs Donald Trump’s sign off, possibly mediated through the hand of Jeff Sessions but maybe not. Indeed, there has already been quite a bit of concern on Capitol Hill that Trump would try to hold up the AT&T deal as a way to exert pressure on Time Warner.

Time Warner owns CNN, and we all know how fond President Belligerent is of “fake news” CNN. According to various sources, the White House has already put out word that it wants to condition approval of the merger proposal on AT&T’s willingness to pressure CNN to “improve” its coverage of the President.

When CNN broke the news about the imminence of a Mueller indictment, Roger Stone–a close friend of Donald Trump’s– went on a Twitter tirade so obscene that it got his Twitter account suspended. One Tweet was both specific and damning.

When AT&T aquires Time Warner the house cleaning at CNN of human excrement like @donlemon @jaketapper & dumbfuck @ananavarro will be swift

As Josh Marshall’s TPM article noted,

Obviously, Roger Stone can rant and wish all he wants. He was in a splutter and a rage. How can he know what AT&T is going to do? But let’s go back to one more thing we know. Roger Stone still regularly talks to President Trump. Is that what President Trump told Stone? That AT&T promised they’ll ‘clean house’ at CNN?

At this point, the quid pro quo is still hypothetical. But given what we know of Trump, his family, his business partners and professional associates (Paul Manafort, et al), the people he has chosen for his cabinet–it is all too plausible.

This is the way business is conducted in banana republics and corrupt, authoritarian regimes.

The essential element of the rule of law is that the same rules apply to everyone– governors and governed alike– that no one is above the law. Even under the most favorable analysis of Donald Trump’s business dealings, it would be hard to miss his disdain for the rules, his contempt for the legal system, and his conviction that neither applies to him.

Misuse of the power of the state–abuse of governmental authority–is an impeachable offense. One of the charges against Nixon involved his (mis)use of the IRS to punish personal enemies. If Trump does indeed allow the AT&T merger in return for a promise to eviscerate CNN’s independent coverage of the Administration, it would be a “high crime” for which impeachment is appropriate.

The difference, of course, is that for the Republicans who censured Nixon,  duty to country outweighed partisanship. The only thing today’s GOP has in common with that era’s Republican Party is the name.

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Stuck In The Swamp

Can you stand one more diatribe about Betsy DeVos?

According to Gail Collins at the New York Times, DeVos isn’t just devoting herself to the destruction of public elementary and high schools. She’s after public universities too.

DeVos is the superrich Republican donor who once led a crusade to reform troubled Michigan public schools by turning them into truly terrible private ones. Now she’s in the Trump cabinet, and she seems to be dedicating a lot of her time to, um, lowering higher education.

When no one was watching she hired a lot of people that come from the for-profit colleges,” complained Senator Patty Murray of Washington, who feels the additions are far more interested in protecting their old associates than in overseeing them. Murray is the top Democrat on the Health, Education, Labor and Pensions Committee, otherwise known as HELP. These days it’s hard to tell whether that’s a promise of assistance or a cry of distress.

To oversee the critical issue of fraud in higher education, DeVos picked Julian Schmoke Jr., whose former job was a dean of — yes! — a for-profit university. Specifically a school named DeVry. Last year, under fire from state prosecutors and the Federal Trade Commission, DeVry agreed to pay $100 million to students who complained that they had been misled by its recruitment pitch.

Over the past several years, we have learned that students attending these for-profit institutions pay far more, and get far less, than they would at a public college. They have huge dropout rates, and even larger rates of default on the government grants that almost all of them take out. (On the other hand, they have very low rates of employment, despite the rosy promises made by these institutions.)

Although there are some legitimate private colleges, the statistics are pretty devastating.

“The outcomes for people who take out loans at for-profits are abysmal,” said Ben Miller of the Center for American Progress. He added that almost all the students borrow, for courses they could sometimes get for one sixth the price at a community college. And about half the people who borrow default.

As the stories about deceitful for-profits mounted, the Obama administration came up with regulations making it easier for students to refuse to pay their loans if a school had misrepresented their chances of graduating and getting a lucrative career. The rules were supposed to go into effect in July, but DeVos has delayed their implementation.

Not only has DeVos “delayed” implementation of the new regulations, under her management the Department of Education has stopped approving new fraud claims against for-profits, leaving a backlog of more than 87,000.

Give her credit for one educational advance, though: Betsy DeVos is giving us all a lesson on what happens when big political contributions buy a cabinet position for a theocratic ignoramus.

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The Horrific Truth

The GOP’s tax “reform” bill has now been unveiled. Reform it isn’t.

I guess all sentient beings already knew what was coming…but Krugman’s accurate prediction distills its awfulness.

Republicans in Congress know perfectly well that Trump is utterly unfit for office and has been abusing his position for personal gain…

If they nonetheless circle the wagons around Trump… there will be one main reason: Trump offers their big opportunity to cut taxes for the very wealthy. Indeed, the nonpartisan Tax Policy Center estimates that almost 80 percent of the Trump tax cut would go to people with incomes over $1 million; these people would get an average cut of around $230,000 a year.

Now that Ryan and crew have unveiled the plan’s specifics, there is something for everyone to hate. According to Americans for Tax Fairness, the plan jeopardizes Social Security, Medicare, Medicaid and public education; it repeals the Alternative Minimum Tax (which insures that rich people with write-offs pay at least something), slashes corporate taxes and vastly increases the deficit (whatever happened to those GOP “deficit hawks”?)

Talking Points Memo zeroed in on what it identified as the five most controversial provisions; although I agree their chosen provisions are horrible, there are arguably others that are even worse. (I’m particularly incensed by the utterly insane attack on environmentally-friendly provisions; the bill eliminates tax credits for electric vehicles, and raises taxes on clean energy.)

TPM points out that changes to the treatment of mortgage interest and property taxes will have a negative effect on the value–and sales price–of homes. Those of us who factored in these deductions when we bought a home will be selling them to people who won’t get those deductions–and won’t be willing to pay as much.

The bill eliminates a deduction for medical bills that currently only benefits very sick people with high medical costs. It will hit senior citizens and the critically ill, giving new meaning to “kick ’em when they’re down.” It will also eliminate deductions for contributions to  certain medical savings accounts, and the tax credit for companies that make drugs that treat extremely rare diseases. (Without that tax credit, even fewer pharmaceutical companies will bother…)

The enormous amount of student loan debt has been identified as a major drag on the economy, so the “reform” bill makes it worse, eliminating the deductibility of interest on those loans.

We will no longer be able to take a deduction for state and local income taxes. I’ll just leave that one here for you to ponder.

And in the “fine print,” our happy theocrats buried repeal of the  “Johnson Amendment”—the 50-year-old policy that churches lose their tax exempt status if they endorse candidates or engage in partisan politicking from the pulpit.

Repealing the Johnson Amendment isn’t the only culture war provision hidden in the dry language of tax policy. Welcome to “Fetal Personhood.”

Congressional Republicans are using their new tax plan for more than tax breaks for corporations and the rich. Their plan gives fetuses federal benefits in an apparent attempt to codify the view that life begins at fertilization—and to take another swipe at legal abortion.

Let me go on record as favoring a first-trimester abortion for this bill, which was conceived through incestuous relations between America’s plutocrats and their legislative prostitutes.

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Up In The Air…

Every once in a while, the Indianapolis Star actually carries something we can consider news. (Not often: as I skimmed the paper the other day looking for actual information about the city, municipal and/or state government, area schools, or other coverage that could be classified as news, I came across several sports stories and an article–I kid you not–about a local family being reunited with their lost cat….)

One recent article that was newsworthy raised questions about privatization and a living wage.

The article began by profiling one of the baristas who works at the Indianapolis airport, noting that like most of the airport’s workers, she makes 10.50 an hour, and has to work two jobs in order to make ends meet.

In August, the City-County Council passed a proposal that sets a $13 “living wage” for city and county staff members. There are 365 workers earning $9.13 to $12.98 per hour who work for the city and county that will be eligible for pay increases.

But not everyone who works for the City will see a raise.

Reed, and nearly 100 cashiers, coffee baristas, janitors and service workers at the airport, argue that the city’s recent move to increase municipal workers’ minimum wage to $13 an hour should apply to them, too.

However, because the Indianapolis International Airport — ranked the top airport in the country five-straight years — has outsourced its labor to private companies through public-private partnerships, airport workers will not see those wage increases.

The article noted that airport privatization began with former Republican Indianapolis Mayor Stephen Goldsmith in 1995.  Ours was the country’s first full outsourcing of an airport. Goldsmith declined to comment on the Star’s report, but was quoted on the subject from a previous article:

 “I wanted to market-test whether a private company that specializes in airport management, with access to worldwide technology and best practices, could produce more customer satisfaction, better airline relationships and more net revenue while holding down increases in passenger enplanement costs,” Goldsmith told Governing Magazine in April.

Goldsmith was a major proponent of what is incorrectly called privatization (real privatization occurs when government simply “sells off” a function to the private sector a la Margaret Thatcher in England, and is thereafter not involved). What we call privatization is really contracting out. Government is still responsible for supplying the service, but rather than employing people directly, it hires companies or organizations whose employees provide it on government’s behalf.

One of the arguments for these arrangements–sometimes called “third-party government”–has been that private companies could do the work more cheaply. More recent research suggests the savings are largely illusory when the costs of negotiating and monitoring the contracts are factored in. (Unlike government, private companies bidding on government contracts also have to pay taxes, which adds to their costs.)

To the extent savings are realized, it’s usually because the private sector employees are paid less than their government counterparts.

The public administration literature suggests that actual experience with contracting has diminished its attractiveness to government agencies. Management problems, loss of institutional competence and other unanticipated consequences have taken the bloom off that particular rose, and many services that were enthusiastically outsourced by proponents like Goldsmith are being brought back “in house.”

That national reevaluation isn’t likely to be much comfort to the underpaid airport workers who are doing public jobs that benefit their communities but not making the same wage that they would make if they were on government’s direct, rather than indirect, payroll.

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The Roads Not Taken

The other day, my husband shared a great cartoon with me: a lecturer was standing by a whiteboard containing a list of actions to combat climate change, most of which would also result in cleaner air and water. A man at the back of the lecture hall is asking “But what if we make the world better and it turns out the scientists were wrong?”

It is difficult to understand opposition to efforts to ameliorate climate change, since most of the measures being proposed are things we ought to be doing anyway. (I do understand why people who make their living from fossil fuels pooh-pooh climate change, and “explain away” the unusual number of unusually destructive hurricanes, not to mention the droughts,  the fact that it’s the end of October and in Indiana the trees have barely begun to change color…)

The problem with taking a head in the sand approach–or just making outright war on all environmental protection measures, a la Scott Pruitt–is that it is getting costly. Ignore, if you will, predictions of future crop failures and massive numbers of refugees from no-longer-habitable regions. Let’s just look at current costs and those we can predict with confidence.

Thanks to the unprecedented number and severity of hurricanes, FEMA has already had to ask Congress for billions of extra dollars. To the extent the fires in California were connected to that state’s long drought, we can add the costs of that disaster. Those disasters, however, are small potatoes next to the extra costs incurred on otherwise run-of-the-mill projects as a result of climate change.

Take road construction.

When engineers build roads, they use weather models to decide what kind of pavement can withstand the local climate. Currently, many American engineers use temperature data from 1964 to 1995 to select materials. But the climate is changing.

A recent paper in Nature Climate Change asserts that newer temperature figures are needed to save billions of dollars in unnecessary repairs. Using data from the Bureau of Transportation Statistics, Shane Underwood of Arizona State University and his colleagues show that road engineers have selected materials inappropriate for current temperatures 35 percent of the time over the past two decades.

The researchers concluded that a failure to adapt the engineering to warmer temperatures is adding 3 to 9 percent to the cost of building and maintaining a road over 30 years. Those are tax dollars being wasted at a time American infrastructure is desperately in need of repair and rebuilding.

The research analyzed two potential scenarios, one in which global temperatures rose less than current estimates, and one that reflected current predictions. Their results suggest that somewhere between $13.6 and $35.8 billion in extra or earlier-than-normal repairs will be required for roads now being built if the current predictions are accurate. In the lower-temperature warming model, they calculate annual extra costs of between $0.8 billion and $1.3 billion; in the higher-temperature warming model, they predict annual extra costs between $0.8 billion and $2.1 billion.

Other findings included:

  • A road built to last 20 years will require repairs after 14 to 17 years under these models.
  • In some cases, government transportation agencies are paying too much for materials to withstand cold temperatures that do not currently (and perhaps no longer) exist.
  • Because municipal governments in the United States work on tighter road-maintenance budgets than state and federal transportation departments, the extra financial strain will largely impact cities and towns.

There are undoubtedly other expenses that will be generated by our changing climate–some that we can anticipate, and others that will come as unwelcome surprises. Scientists in a number of fields are investigating likely consequences–everything from the loss of hundreds of insect and animal species to the negative effect on coffee beans.

There will be significant and unpleasant costs to taking the road marked “Science Denial.” Unfortunately, these days–at least, in the United States– that road isn’t the “one less traveled.”

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