Facing Up to Reality

When something absolutely unforeseen challenges your worldview, it is probably prudent to take a step back and re-examine your assumptions.

After the shock of a Presidential election that successfully appealed to festering bigotries and primal hatreds that I naively thought had declined, and after a period of disbelief (and nausea), I made myself take that “step back.” You may or may not agree with my conclusions, but I’d ask you to consider them.

America’s democratic institutions and processes haven’t worked properly for quite some time. All of us can tick off evidence: a Senate that simply refuses to hold hearings on a Presidential nominee for the Supreme Court; legislators’ willingness to petulantly shut down government when they don’t get their way; the widespread, obstinate denial of science and rejection of empirical evidence in favor of policies based upon ideology and/or religious dogma; and of course, the toxic partisanship and racial resentments reflected in the decision of Congressional Republicans to block anything and everything proposed by our first African-American President, irrespective of the merits of any particular proposal. I could go on.

Had Hillary Clinton been elected President, she would have faced the same ferocious, partisan hostility that Obama has had to deal with–but on steroids. Irrational hatred of the Clintons, especially Hillary, is baked into Republican DNA. Not only would she have faced constant, repetitive Congressional “investigations,” several House members were already drawing up Articles of Impeachment. (Why wait for her to actually do something impeachable?)

Meanwhile, lawmakers in both parties continue to block policies seen as threatening to the interests of the oligarchs that effectively control our national and state legislatures. It is irrelevant that large majorities of Americans favor background checks for people buying guns, higher taxes on the rich, a discontinuation of obscene subsidies to oil companies or numerous other measures. Especially at the federal level, the policy preferences that count are those of the big donors as conveyed by their lobbyists–many of whom used to be legislators in the incestuous political stew that is Washington, D.C.

This is not the way a working democracy operates.

Although the self-dealing and the nastiness has unquestionably gotten worse, most of this isn’t new. It has become more visible in the Internet Age, but the inability of our governing structure to deal with a technologically integrated, inexorably globalizing, demographically diversifying modern world has been apparent for decades.

American government does not work as it should, and it hasn’t for quite some time. It certainly hasn’t ameliorated or addressed–or even explained– the dramatic changes that have created economic and social distress among so many of our citizens.

Dissatisfied citizens look for someone to blame. To the extent they blame the status quo in Washington, that’s probably fair enough. Given human nature, however, a lot of our fellow-citizens blame immigrants, African-Americans, Muslims, Jews, “uppity” women…the “other”…for cultural changes that disadvantage them or make them uncomfortable, and for a government that doesn’t work for them.

Social scientists tell us that the two strongest predictors of support for Donald Trump were racial resentment and misogyny.

So now we have a President-elect whose profound ignorance and incompetence is likely to deliver the coup de grace to creaky government institutions and even more likely to exacerbate the social divisions and bigotries he cultivated during the campaign. Whether he serves out his term, or we end up with Mike Pence (a rigid theocrat who is equally incompetent, equally uninterested in the mechanics of governing), all signs suggest we are on the cusp of an era of massive social upheaval.

The question is: when the incommensurate passions triggered by impending conflicts subside, will we be able to construct a fairer, more streamlined and responsive, more (small-d) democratic governing structure, one that is more adapted to the realities of the modern world?

Can we salvage the best parts of our governing philosophy, and create institutional structures that work for all our citizens? Or will four years of authoritarianism and continued exploitation of racial, religious and ethnic divisions leave the oligarchs and white supremacists firmly in charge?

What would a better, more trustworthy American democracy look like?

I have some ideas I’ll share tomorrow. I invite yours.

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Sarkozy’s Good Idea

One of the most worrisome outcomes of the 2016 election is the likely “U turn” on efforts to protect the environment. As Vox recently reported,

Unified Republican control of the federal government over the next two years augurs a sea change in US environmental policy like nothing since the late 1960s and ’70s, when America’s landmark environmental laws were first passed.

If Donald Trump and the GOP actually follow through on what they’ve promised, this time around will be a lurch in the opposite direction. Federal climate policy will all but disappear; participation in international environmental or climate treaties will end; pollution regulations will be reversed, frozen in place, or not enforced; clean energy research, development, and deployment assistance will decline; protections for sensitive areas and ecosystems will be lifted; federal leasing of fossil fuels will expand and accelerate; new Supreme Court appointees will crack down on EPA discretion.

Given the rate at which the planet is warming, Trump’s promise to pull America out of the Paris Accords is a prescription for disaster. Local efforts to reduce America’s carbon footprint will be important, but those efforts won’t be universal and they won’t be sufficient.

So I was really heartened by Nicolas Sarkozy’s proposed response.

Sarkozy told the French television channel TF1 that he would “demand that Europe put in place a carbon tax of 1 to 3 percent for all products coming from the United States” if the U.S. refuses to apply the environmental rules that France and other nations are imposing on their companies under the accords.

This seems eminently reasonable to me. Why should companies that are complying with measures intended to reduce a global threat be disadvantaged in the marketplace? The environmental rules benefit the entire planet; companies operating everywhere on the planet ought to share the costs of compliance.

Among the enormous number of things Donald Trump obviously hasn’t learned and doesn’t understand is that actions have consequences.

Foreign countries will retaliate when the U.S. acts in ways that threaten their interests. Senators and Congressmen will balk when a President–even one of their own party–expects them to support measures that they know will be deeply unpopular with their constituents. The Constitution limits a President’s ability to restrain the media or single out citizens for disparate treatment. Etc.

Governing is complex, and Chief Executives in democratic regimes–unlike CEOs–can’t simply issue orders and fire those who refuse to obey them.

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Back Home in Indiana

As critical as this year’s Presidential and Senate races are, people will also vote on Tuesday for important state offices. Here in Indiana, the Republican candidate for Governor has doubled down on Mike Pence’s policies, especially his insistence that “the gays” don’t need no damn civil rights protections. He has also parroted Pence’s rosy, fact-free evaluation of Indiana’s economy.

Last Wednesday, I spoke about Indiana’s appalling levels of poverty and inequality to members of Shepherd’s Center at North United Methodist Church. I have shared much of the information in this speech previously on this blog, but it might be well to review what the data reveals about economic and human conditions in the Hoosier State in advance of Tuesday’s election. Here, then, is the text of that speech.

___________

I was asked to talk today about the United States’ growing problem with income inequality. There’s a lot to talk about—more than we have time for—because the causes and the consequences of growing inequality are complex and very troubling.

In 2007, I wrote a book called God and Country, in which I examined the religious roots of ostensibly secular policy preferences—things like climate change, foreign policy and economic systems. It was when researching that book that I came to appreciate the longstanding effect of Calvinism on American attitudes toward income inequality.

As I wrote in that book, the theological belief that arguably had the greatest effect on colonial economic activity was the Calvinist doctrine of predestination, which held that God had decided the ultimate fate of each person at the moment of creation. Predestination included the belief that the faithful discharge of one’s calling—the diligence with which a person worked– was evidence of the depth and sincerity of that person’s faith. Predestination, especially when coupled with the doctrine of original sin, convinced believers that the suffering of the poor must be intended by God as a spur to their repentance.

In other words, the poor were poor for a reason, and helping them escape poverty might actually thwart God’s will.

The belief that people are poor because they are somehow morally defective wasn’t universal, but it was widespread–and   that suspicion of poverty, that belief that poor people are somehow lacking in moral fiber or responsible for their own condition, has profoundly influenced American culture. Understanding that attitude about poverty is central to any effort to understand today’s arguments about income inequality.

There are cultural attitudes, and then there are facts. The facts are that, aside from children, the elderly and the disabled, poverty in the United States is experienced primarily by the working poor. Most poor people in the U.S. work forty or more hours a week; they simply don’t make enough money to live.

Let’s look at Indiana. ALICE is an acronym that stands for Asset Limited, Income Constrained, Employed. According to the United Way, ALICE families are those with income above federal poverty levels, but below what it actually costs to live in their communities. In Indiana, 36% of all households live below the ALICE threshold. About 14% are below the poverty level. To put that another way, there are 908,000 households in Indiana that cannot make ends meet. I want to emphasize: these are families and individuals with jobs, and most of them don’t qualify for social services or income supports.

The United Way’s ALICE report calculates the cost of living for each county, and takes differences in cost of living into account. In Marion County, a single individual living needs $18, 396 a year, or 9.20 an hour, to survive; a family with two adults, an infant and a preschooler needs $51, 972, or 25.99 an hour. In Indiana, 68% of jobs pay less than $20/hour, and three-quarters of those pay less than $15/hour.

If you are interested in learning more about ALICE families and their demographics, I encourage you to go to the website of the Indiana Association of United Ways and access the entire report. It’s an eye-opener.

As long as we are talking about Indiana, let me share some additional statistics, courtesy of the Indiana Institute for Working Families:

  • Indiana has a “jobs deficit” of 108,400—that’s the number of additional jobs we need due to population growth
  • The Annie E. Casey Foundation ranks Indiana 30th in child well-being—we’ve slipped two slots since 2014.
  • With respect to the status of women, Indiana ranks dead last overall. We are 39th in women’s employment and earnings, and 37th in poverty and opportunity.
  • Indiana’s minimum wage is not sufficient to support even a single adult in any county in the state, but Indiana’s legislature refuses to raise the wage and prohibits cities and counties from doing so. The state has ranked 38th in personal income for the past three years, and 33d in income growth last year. Even accounting for our relatively low cost of living, personal income in the state is 5.5 points below the national average. We have the tenth most regressive state tax system and the 2d highest sales tax.
  • Looking at inequality, rather than just poverty, people in the top 1% in Indiana make on average $717,688 a year, or about 16.5 times the state’s average income of $43,426. The much-hyped 2013 tax cut saved the wealthiest Hoosiers an average of $1181 and the lowest-income Hoosiers an average of $10 each.

If over a third of Indiana households can’t make ends meet, there must be programs to help them bridge the gap, right?

Wrong. In fact, the number of households receiving government aid—what most of us call welfare—totaled about 9,000 families in 2014—and emergency payments from local welfare offices like the Township Trustees actually declined by 13%.

Just to sum up: the total gap between sufficiency and actual income—that is, the amount of money that would be needed every year to bring all Hoosier households up to the ALICE threshold—was $34.2 billion in 2014. Those households earned $15.8 billion. They received $15.1 billion in combined charity and government assistance. That left a gap of $3.3 billion dollars. It would take 3.3 billion dollars of additional wages or government welfare or charitable support to bring all Indiana families up to subsistence.

The numbers are staggering, but they only tell part of the story. The human costs of poverty and inequality to both individuals and society are immense. A White House study released in May of this year found that raising the minimum wage reduces crime by 3 to 5 percent. Education research has demonstrated that poor classroom performance is affected more by poverty than any other factor. There are a number of other social pathologies that are caused or exacerbated by poverty.

Speaking of education—Awhile back, the Washington Post’s Wonkblog reported on an experiment in Ft. Lauderdale that holds so many lessons—not just about inequality, but about institutional and unintentional racism, the waste of human capital, and the human difficulty of seeing things that lie outside more comfortable worldviews.

In 2003, the head of the school system’s gifted program asked her staff to make a map showing where every gifted student lived in Broward County, Fla. She called the result an “atlas of inequality.” All of the then-identified gifted students were from the suburbs and wealthier communities, where parents were more involved in education. The map was virtually void in other areas.

The map convinced the district to work harder to identify gifted children from impoverished areas, and in 2005, it began giving a short test to all students in the second grade. Children who scored well on the test were then evaluated to determine whether they should be enrolled in the system’s gifted program. The district ended up identifying an additional 300 gifted children between 2005 and 2006—and 80 percent more black students and 130 percent more Hispanic students entered gifted programs in third grade.

The school district had previously relied upon referrals by teachers—a system used by many, if not most, school districts around the country. (Not, I am pleased to report, in IPS, which uses a system similar to the one now used in Ft. Lauderdale.) And that’s the problem: those programs amplify inequality because they disproportionately recruit children from high-income families — another example of how opportunity accrues to those who are already privileged.

This is how systemic bias operates. People who dismiss the notion of structural racism or advantage do so because they see bias as intentional, and success or failure solely as a measure of individual effort and/or merit. (Calvinism again!) They look around and no one is burning a cross on that black family’s lawn, or otherwise displaying hurtful antisocial behavior, so they draw the not-unreasonable (albeit inaccurate) conclusion that bias is absent.

The Ft. Lauderdale teachers who failed to identify precocious poor children weren’t bigots—they wouldn’t have been in those classrooms, working with poor children, if they were. But like most of us, they’d been socialized to connect intellectual capacity to certain markers of behavior—markers that children from disadvantaged families are less likely to exhibit.

A similar phenomenon occurs when businesses have job openings. Positions tend to be filled through “networking.” The word gets out to people already in those networks, who mention the opportunity to their friends, and to people with whom they feel comfortable. People who look and sound and act like them. It isn’t intentionally nefarious—it’s human. It’s the way the world works.

But in the aggregate, these otherwise innocent social networks operate to keep advantage where it is, and to exclude access to those whose talents and abilities are less recognized, because they are expressed differently. There are the “old boy’s networks” that continue to constrain women’s progress, the continuing friendships of alumni from elite schools disproportionately populated by the offspring of wealthy families, and the many other “communities of interest”—professional or social—where, as the old saying goes, “birds of a feather flock together.”

America cannot afford to lose the contributions of talented citizens simply because that talent comes from unfamiliar places.

Poverty and inequality also have society-wide economic ramifications. Research studies confirm that economic inequality and economic growth are inversely related.  Economies with less inequality grow more strongly than those with more.

When you think about it, this makes sense. The American economy relies on consumer demand to fuel economic growth. Moderate levels of inequality don’t matter, so long as there is a sufficiently large middle-class with sufficient disposable income to spend. So long as those with less still have “enough”–defined as income left over after life’s necessities have been covered–and so long as they continue to purchase goods and services with that income—the economy can be expected to grow.

However, when the distribution curb is what economists describe as “bimodal,” with lots of people barely eking out a living and a few others sitting on piles of money, the economic picture changes. The poor have little or no disposable income with which to purchase goods and services, and the rich can meet their needs and desires without depleting a significant portion of their assets. (For that matter, there aren’t enough rich people to drive economic growth, even if they spent lavishly.)

When people don’t buy, manufacturers don’t make. When manufacturers don’t make, they don’t hire workers (or keep the ones they have). Retailers close or downsize. Eventually, the assets held by the 1% lose their value, which is why the politics of greed are so shortsighted.

There is another consequence when the degree of inequality reaches or exceeds levels seen during the Gilded Age—as it is now. That consequence is social and political instability. Political scientists tell us that countries with deep divisions between rich and poor experience mass upheavals and various social pathologies. A wealthy friend of mine once remarked that he’d prefer paying higher taxes to watching angry mobs take to the streets, or worrying about someone kidnapping his children for ransom.

We are already seeing significant evidence of social discontent from young people who see income inequality as profoundly immoral—especially in a country that maintains a huge and expensive military, and lavishes gigantic salaries on the so-called “banksters” and others in the 1%. There was a reason so many young people flocked to the message and campaign of Bernie Sanders.

A lawyer I worked with once told me there is really only one question, legal or otherwise: what should we do? If poverty and income inequality are as corrosive to our social fabric and political health as most observers think they are, how can we ameliorate them? What should we do?

In the short term, we should certainly support efforts to improve America’s frayed social safety net. Things like expanding family and medical leave and paid sick days, improving benefit portability and similar measures will make a difference—and when someone is struggling, every little bit helps.

We should also raise the minimum wage. Economists at Goldman Sachs recently conducted a simple evaluation of the impact of state minimum-wage increases by comparing 13 states where the minimum wage had increased with states where it didn’t, and found that—despite preconceptions– the states where the minimum wage went up had faster job growth than the states where it didn’t. The Bureau of Labor Statistics reported the same pattern: employment growth was higher in states where the minimum wage went up.

This is counter-intuitive, I know. It has always seemed logical that raising wages would depress job creation.  What that simple logic missed, however, were the many factors other than wage rates that influence the decision to hire or fire employees. The Goldman Sachs study joins an overwhelming body of evidence that the simple equation—however logical—is wrong. When low-wage workers are paid more, they spend more, and that spending generates job growth.

It isn’t only low-wage workers who would benefit from a higher minimum wage, either: American taxpayers would save a bundle. We currently provide $6.2 billion in public assistance, food stamps, Medicaid and the like to low-wage Walmart workers, and another $7 billion to McDonald’s employees, among many other large, low-wage employers. Those subsidies are particularly galling, because we taxpayers are in effect paying a portion of the wages of those employees, and enriching the shareholders of those huge corporations.

We can talk a lot more about the minimum wage and other near-term measures we should investigate, but let me end by talking about a longer-term idea that is beginning to get some traction.

Most of us understand that without economic security, guarantees of personal, political and religious freedom aren’t worth much. If your day-to-day existence is consumed with the struggle for survival, the fact that you have freedom of speech—or even the vote—is small comfort.

Several countries have considered proposals for a guaranteed basic income. There are a number of variations, but the basic idea is that government would eliminate the various forms of social welfare that are currently in place, and would instead send each citizen an annual amount sufficient to cover basic living expenses.

A practical argument for a guaranteed income is efficiency—there would no longer be a need for the massive bureaucratic apparatus currently required to administer social welfare programs, no need to determine eligibility under the different standards for different programs. (Many years ago, conservative economist Milton Friedman proposed something similar: a “negative income tax” that would require payment from those earning above a certain amount, and send remittances to those below that threshold.)

Social science scholars see other benefits. As automation steadily displaces what were once middle-class jobs, receipt of a stipend sufficient to cover basic living expenses would allow people to go back to school, or to train for alternative employment, or work part-time. It would give new mothers—or fathers—the option to take time off to care for newborns; it would similarly facilitate caretaking for gravely ill spouses or parents.

We also might expect that with a lessening of abject poverty, a number of the social ills that accompany privation would improve, saving tax dollars.

As positive as all that sounds, however, there are reasons why efforts to implement a guaranteed income have fared badly. In Switzerland last year, a basic income proposal on the ballot was overwhelmingly defeated; in 2013 ,the German Parliament debated a similar proposal and rejected it.

The first—and most obvious—negative is cost. Although economists argue about the actual net cost, after savings from eliminating our current expensive patchwork of social programs—any such approach would undoubtedly require tax increases. In the United States, where taxes have become a dirty word even when they are earmarked to support basic services, this fact alone probably presents a politically insurmountable barrier.

There is also the question whether receipt of a guaranteed income, no matter how modest, would reduce the incentive to work. There is very little empirical data on that issue; however, there was an interesting experiment in Manitoba, Canada, during the 1970s, called Mincome. It was intended to assess the social impact of a guaranteed annual income, including whether it would be such a disincentive, and if so, to what degree. Apparently, only new mothers and teenagers worked substantially less. Mothers with newborns stopped working because they wanted to stay home longer with their babies, and teenagers worked less because they weren’t under as much pressure to help support their families, which resulted in more teenagers graduating. However, participants knew the project was not permanent, and it is impossible to know whether—and how—that knowledge affected the results.

There are a number of other legitimate concerns about so drastic a shift in the way we discharge our obligations to our fellow-citizens.

Given American cultural attitudes that valorize work and demean those who rely on public assistance (thanks, Calvin!), it’s safe to say that the United States is unlikely to institute a guaranteed income program (it certainly won’t happen in my lifetime). But even if a guaranteed income isn’t the answer, it is worth asking what it should mean to be a member of a political community. What are the reciprocal obligations of the citizen and the state? If membership has its privileges, what should those privileges be?

I’ll leave that question to you. Thank you.

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Meanwhile, Back at the Constitutional Crisis….

Checks and balances. Impartial justice. The rule of law. These are considered to be bedrocks of American government–or at least, they have been. Yet a full-throated attack on those principles has been inexplicably downplayed if not ignored by the media: the inexcusable refusal of Republicans in the Senate to fill vacancies on the federal bench.

This effort to subvert a co-equal branch of the United States government did not begin with Senate Republicans’ unprecedented refusal to “advise and consent” to President Obama’s nominee to replace Justice Antonin Scalia. For the past several years, the Senate GOP has stubbornly resisted acting on most of Obama’s judicial nominees.

Note that this refusal is entirely unconnected to the bona fides of the individuals nominated. The Senate has declined to confirm them because they are Obama’s nominees.

According to the Federal Bar Association, vacancies in the district courts, where most federal judicial work gets done, are reaching crisis proportions: 65 seats on the federal district court bench and at least 90 vacancies throughout the Article III courts. That’s more than 10 percent of the federal judiciary.

When court dockets are slowed to a crawl, when there simply aren’t enough judges to move litigation at a reasonable pace, people with legal grievances are the ones who bear the consequences. They face unpalatable choices: they can settle for less than they are entitled to or wait an extra couple of years for their day in court.

When neanderthal Tea Party types throw tantrums and completely shut down government, everyone notices–and the polls reflect widespread disapproval. Refusing to fill positions that are needed if government is to function properly is far less public, so it doesn’t engender the same level of public opprobrium, but the result—while slower—is the same.

Recent vows by Senators Cruz and McCain to block Supreme Court nominees through an entire Clinton Presidency, and reports that Senate Republicans are already meeting to plan how they will block her nominees should remove any doubt about the motivation for the GOP’s behavior.

In North Carolina, Senator Richard Burr was recorded stating that if Clinton is elected, he will do everything possible to “make sure that four years from now, we’re still going to have an opening on the Supreme Court.”  Here in Indiana, GOP Senate candidate Todd Young has enthusiastically thrown his lot in with those promising to block Merrick Garland, or anyone else nominated by Obama–or, presumably, Clinton. His website has featured a prominent “petition” encouraging signatories to “stand with Todd” against filling the vacancy.

This is what it has come to: Candidates for the United States Senate are asking Americans for their votes; in return, they promise to throw sand in the gears of the government they are being elected to manage.

Vote for me, and I’ll work to dismantle our Constitutional system!

Todd Young, a candidate for the United States Senate, is proudly telling voters that when the interests of the nation—their interests—come into conflict with the prospects of his political party, he will ignore his obligations to them and to the Constitution if doing so will benefit his party.

We are getting used to politicians placing partisanship over country, but the predictability of this behavior doesn’t make it any less reprehensible.

Our local sorry excuse for a newspaper reported Todd Young’s position on the courts as  “he will work for judges in the mold of Justice Scalia.” It didn’t reference his “petition” or contain any indication that anyone had bothered to ask him about his pledge to deny confirmation to qualified jurists simply because the other party nominated them.

The lack of media attention to this intentional crippling of the federal court system, an issue that affects all Americans, is frustrating. Why isn’t every candidate for U.S. Senate being asked “If elected, will you do your job? Will you provide your honest advice and consent to nominees for the federal bench? And if not, why not?”

I for one would like to hear Todd Young’s response.

Addendum: If you are as frustrated as I am about what has passed for reporting during this election, the ACLU is hosting a discussion tonight, at 5:30, at Emmis Broadcasting. The title is “Election 2016 & the Media: A Free Press or a Free-for-All?” Details are here.

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Comey, Continued….

Yesterday, while editing an post that I intended to send out this morning. I inadvertently hit “publish” rather than “save,” so subscribers received an extra transmittal yesterday.

Sorry about that! But let’s continue that discussion….

I don’t know what the effect of Comey’s actions will be on the election; we still have 8 days, and given the magnitude of the criticism he has received, perhaps he will clarify or otherwise clean up his mess prior to election day. There is speculation that his action will generate more enthusiasm and higher turnout among Trump voters, but it is also possible that anger at what will seem to many Democrats a “dirty trick” will motivate Clinton voters.

My own concern is the potential effect on the down-ticket races. Who knows? We’re in uncharted waters here.

That said, let’s revisit the ethics of Comey’s action.

letter in yesterday’s New York Times addressing that issue deserves broad readership. It was from Richard W. Painter, currently a professor at the University of Minnesota Law School, who formerly served as the chief White House ethics lawyer from 2005 to 2007, during George W. Bush’s administration.

Mr. Painter has filed a complaint against the F.B.I. with the Office of Special Counsel, which investigates Hatch Act violations.

The opening paragraphs of his letter explain the reasons for the rules that are in place–the rules Comey disregarded.

The F.B.I. is currently investigating the hacking of Americans’ computers by foreign governments. Russia is a prime suspect.

Imagine a possible connection between a candidate for president in the United States and the Russian computer hacking. Imagine the candidate has business dealings in Russia, and has publicly encouraged the Russians to hack the email of his opponent and her associates.

It would not be surprising for the F.B.I. to include this candidate and his campaign staff in its confidential investigation of Russian computer hacking.

But it would be highly improper, and an abuse of power, for the F.B.I. to conduct such an investigation in the public eye, particularly on the eve of the election. It would be an abuse of power for the director of the F.B.I., absent compelling circumstances, to notify members of Congress from the party opposing the candidate that the candidate or his associates were under investigation. It would be an abuse of power if F.B.I. agents went so far as to obtain a search warrant and raid the candidate’s office tower, hauling out boxes of documents and computers in front of television cameras.

The F.B.I.’s job is to investigate, not to influence the outcome of an election.

The letter deserves to be read in its entirety, but here is Painter’s conclusion.

Absent extraordinary circumstances that might justify it, a public communication about a pending F.B.I. investigation involving a candidate for public office that is made on the eve of an election is thus very likely to be a violation of the Hatch Act and a misuse of an official position. Serious questions also arise under lawyers’ professional conduct rules that require prosecutors to avoid excessive publicity and unnecessary statements that could cause public condemnation even of people who have been accused of a crime, not to mention people like Mrs. Clinton, who have never been charged with a crime.

This is no trivial matter. We cannot allow F.B.I. or Justice Department officials to unnecessarily publicize pending investigations concerning candidates of either party while an election is underway. That is an abuse of power. Allowing such a precedent to stand will invite more, and even worse, abuses of power in the future.

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