Speaking Of Blowhards And Scoundrels..

In yesterday’s post, I argued that, when politics is considered the refuge of blowhards and scoundrels, blowhards and scoundrels are who it will attract. Which brings me to Todd Rokita–elected in November to be Indiana’s Attorney General.

I have previously posted about Rokita–several times, in fact. In 2013, when he was in Congress, I explained why he was more embarrassing than then-Governor Mike Pence. In 2014, I explained why he was dangerous and anti-American. Also in 2014, I highlighted his comparison of himself to Earl Landgrebe, whose most famous quote, “Don’t confuse me with the facts. I’ve got a closed mind” was perhaps more telling than he had intended.

And just last year, I posted a compendium of Rokita’s positions and suggested that Indiana had once again elected a guaranteed embarrassment to the position of Attorney General. (We have a habit…)

That prediction has already been proved correct–and it’s only February!

On Valentine’s Day, Rokita sent out a “tongue in cheek” Tweet supporting Trump’s allegation that the election was stolen from him. As the Star described it, the tweet “featured a meme with floating red hearts and the text ‘You stole my heart like a 2020 election.’ Below the text is a cartoon-like portrait of Donald Trump.”

Twitter declined to see the “tongue in cheek” humor, blocked activity related to the tweet, and warned that it posed a danger of inciting violence. This was no aberration; Rokita has been an all-in Trumper,  urging the Supreme Court to hear election challenges that 60 courts–and every competent lawyer who read them– found bogus.

But hey! You can be a competent lawyer, or a culture warrior–and in Indiana, culture war is what gets you elected.

But all of that history pales against the discovery that Rokita is still employed by the health benefits firm he worked for prior to the  election, notwithstanding the fact that he now has a “day job” (which most lawyers consider a 24-hour-a-day job) as Indiana’s Attorney General. A day job that coincidentally gives him investigative jurisdiction over what we now know is his “other” job…

Indiana Attorney General Todd Rokita is moonlighting as a strategic policy adviser for the health benefits company that has employed him since 2019, his office confirmed Tuesday morning, raising questions about whether the arrangement violates state ethics rules.

An Apex receptionist said Rokita was still employed with Apex Benefits and transferred a reporter to his extension. Rokita’s Apex email and voicemail inboxes were still functioning Tuesday morning.

According to his job description, Rokita “advises Apex and its growing roster of clients who employ thousands of hard-working people on public policy initiatives, internal corporate strategies, and employee benefits compliance outcomes. In the best interest of the company’s clients, he also collaborates with industry experts to drive positive transformation of healthcare and benefits issues.”

Aside from the inherent conflict of interest, there’s another small problem: Rokita’s dual employment violates even Indiana’s weak ethics law. (You’d think a lawyer–especially the state’s lawyer–might have noticed that.)

Indiana’s Ghost Employment Rule —found at 42 IAC 1-5-13–is summarized by the office of the Inspector General as follows: “Don’t work on anything outside your official job duties.”

If that seems too complicated to understand, the IG offers some helpful examples:

  • In addition to your employment with the State Library, you also edit drafts of books for a publishing company. You may not review these drafts while engaging in your official duties during working hours.
  • You are an employee of the Criminal Justice Institute who would like to take advantage of State Personnel’s Community Service Leave to volunteer at a local elementary school. You may volunteer at the school in accordance with its guidelines since it has been permitted by a written agency regulation.
  • You work as an administrative assistant for the Civil Rights Commission. You may not assist the director on a case he has taken on pro bono for a non-profit legal service during your working hours since it is not part of your official duties.
  • You are a Family & Social Services Administration employee. You leave work early one afternoon to have your nails done. You may not claim a full day’s pay on your timesheet.
  • You are an Indiana State Police Officer. Your cousin is having a birthday party when you are scheduled to be on patrol. You may not stop patrol and attend the birthday party instead.

Granted, the examples don’t include “You are the Attorney General of the State of Indiana. You may not simultaneously function as an employee and paid advisor for a private firm while collecting a salary as Attorney General.”

Rokita evidently did have some concerns about this patently unethical arrangement: he hired the Inspector General to join his office (the Attorney General office, not the Apex office) in a senior (and undoubtedly well-compensated) position, after allegedly obtaining from that individual’s office an opinion that his conduct didn’t violate Indiana’s seemingly straightforward ethics statute…an opinion that, for some reason, his office declines to make public.

Rokita is evidently as big a fan of Trump’s swamp as he is of Trump’s Big Lie…

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Why America Elects Moral Midgets

I haven’t previously posted about the Impeachment trial. Initially, I figured that, since virtually everyone who has an opinion has written, spoken and generally fulminated about those opinions, there wasn’t much of value I could add.

Most of the commentary has–quite correctly–pointed to the cowardice and lack of integrity of all but seven Republican Senators. Columns and editorials have especially zeroed in on the breathtaking hypocrisy of Mitch McConnell; in his speech immediately after the vote, he made it clear that he knew Trump was guilty as charged. The fig leaf that McConnell and his spineless colleagues  were frantically trying to hide behind was an utterly unpersuasive opinion that a President who no longer held office could not be constitutionally impeached–an opinion rejected by virtually all constitutional scholars.

It also didn’t escape notice that McConnell was the reason the trial had been delayed until after Biden was inaugurated.

Suffice it to say that the overwhelming hypocrisy and dishonesty in the face of what everyone in that chamber clearly knew was astounding–and it has all been the subject of widespread condemnation. What hasn’t been adequately analyzed, however, is how we got here–“here” being a legislative chamber containing so many Senators clearly unworthy of public office.

I am convinced that the pathetic performance Americans saw last week was the result of forty-plus years of denigrating the very existence of government and belittling those who serve in it.

Reagan started the incessant attacks, and Republican dogma ever since has been that government–far from being an important tool for collective action addressing America’s problems–is always and inevitably a threat that must be constrained and hobbled.  Republican messaging has been sneering and dismissive of the very notion that government might be an essential mechanism for achieving the common good. It has been years since I heard a Republican politician employ terms like “statesmanship” and/or “public service.”

When I saw that both of Indiana’s undistinguished, moral-pygmy Senators had (predictably) voted to acquit, I could almost picture them spitting on Dick Lugar’s grave…

The Republican demonization of government has largely succeeded in changing the identity of the GOP. The political culture that produced statesmen like Dick Lugar and Bill Hudnut has been replaced by the slimy “what’s in it for me” opportunism of Mitch McConnell and Donald Trump–and Lindsey Graham, Ted Cruz, Josh Hawley and too many others.

Honorable, talented people are attracted to careers that those in their particular tribes consider prestigious and admirable. When government employment is denigrated and mocked–“couldn’t get a real job?”– when political actors are expected to be corrupt, and when politics is widely considered the refuge of blowhards and scoundrels, blowhards and scoundrels are who it will attract.

It’s instructive to emphasize that these persistent attacks on government and public service have come overwhelmingly from Republicans. Democrats have been far more likely to defend the importance and worth of  America’s political institutions, and I don’t think it is just happenstance that as a result–as we can see at the federal level– Democratic officeholders these days tend to be considerably more public-spirited, honorable and impressive than their Republican peers.

Today’s Democrats have Jamie Raskin; Republicans have Marjorie Taylor Green…

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The Founders And The Filibuster

Among the many forgotten lessons of America’s past is the abysmal failure of the nation’s first constitution, the Articles of Confederation. Thanks to the widespread absence of effective civics instruction, much of the public is unaware of the very existence of America’s first effort at nation-building, let alone the reasons that initial effort failed.

The Articles had numerous flaws–mostly attributable to the reluctance of the colonies to cede authority to a central government. Probably the best-known weakness of that first effort was the inability of the new central government to levy taxes. The central government could ask for revenues–for example, monies to retire debt amassed during the Revolutionary War–but if a state didn’t want to pay, it didn’t pay, and the federal government could do nothing about it.

The lack of a dependable revenue stream wasn’t even the worst of it. Under the Articles, any changes to the structure or operations of government needed a unanimous vote of the 13 colonies–and most other policies required the concurrence of a super-majority. Those provisions made governing impossible. When the Founders met in Philadelphia to replace the fatally-weak Articles with the Constitution, changing that unworkable super-majority requirement was  high on their “to do” list.

What we know of that history and the Founders’ antagonism to government by super-majority should inform our approach to the current iteration of the Senate filibuster.

Ezra Klein recently hosted Adam Jettleson, a longtime Senate staffer, on his podcast, and reported their conversation in a column for the New York Times. Jettleson pointed out that one of the biggest misconceptions about the filibuster is the idea that it promotes bipartisanship.

In fact, it does the opposite because it gives the party that’s out of power the means, motive and opportunity to block the party that’s in power from getting anything done. And when the party that’s in power doesn’t get anything done — when voters see nothing but gridlock from Washington — they turn to the party that’s out of power and try to put them back in office.

Republicans are well poised to take back majorities in both the House and Senate — all they need is a handful of seats to do so. So they have every rational, political incentive to block Biden from achieving any victories. A program that would cut child poverty massively would be a huge victory for Biden. And the ability for Biden to pass it on a bipartisan basis would be a huge victory for his campaign promise to restore bipartisanship and unity.

Jettleson reminded listeners that the Framers had anticipated this very situation. They identified this huge drawback with supermajority thresholds in 1789, when they had direct firsthand experience with the Articles of Confederation.

In Federalist 22, Alexander Hamilton addresses this misperception head-on. He says, “What at first sight might seem a remedy,” referring to a supermajority threshold, “is in reality a poison.” You might think it would cause compromise, but really what it does is it provides an irresistible temptation for the party that’s out of power to make the party in power look bad.

As Klein observed, bipartisanship is something the majority wants, but the minority has no incentive to give–something  Mitch McConnell certainly understands. During the first years of the Obama administration, McConnell knew he could win the majority back by sabotaging its ability to govern–that the majority party will inevitably get the blame for gridlock, no matter how unfair that may be.

The mischief being done by the current iteration of the filibuster has become obvious. It continues to prevent the Senate from functioning properly–for that matter,  as Jettleson documents in his recent book, “Kill Switch,” it pretty much keeps the Senate from functioning at all.

A mountain of evidence suggests that it is long past time to get rid of the filibuster.

The question, then, is why Democratic senators like Joe Manchin and Kyrsten Sinema continue to defend it.

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The New Confederacy

Little by little, as media sources obtain access to previously unavailable information, Americans are learning the true extent of the criminal and racist activities of the Trump administration–and far more concerning, we are now seeing how far gone, how amenable to those characteristics, today’s QOP remains.

One example among many: in the final, lame-duck days of the administration–after the election but before Biden’s inauguration–the Justice Department moved to undo what the Washington Post called “decades-long protections against discrimination,” by
moving to change the interpretation of Title VI of the 1964 Civil Rights Act.

Title VI bars discrimination on the basis of race, color or national origin by recipients of federal funding.  The rules apply to the recipients of some six billion dollars of annual federal aid, and provide that actions will be considered discriminatory if they have a demonstrably discriminatory effect on protected groups. That’s what’s known as a “disparate impact.”  Under the new version, only intentional discrimination would be prohibited.

Intentional discrimination is incredibly difficult to prove, as lawyers who bring cases under the Equal Protection Clause of the 14th Amendment can attest. (In order to succeed, challenges brought under that clause must show evidence that at least a part of the challenged law or action was intended to be discriminatory.)
 
According to the Post’s report, the Trump administration had been considering the change for over two years, but had waited until its final weeks to try to put it into effect. It was one of William Barr’s last efforts before his welcome departure as Attorney General.

And as usual, the Trump administration ignored the required procedures for making  significant policy changes.

Typically regulations of this magnitude are published first as proposals and the government collects public comment before publishing its final version. It would be unusual to publish a final regulation — particularly one of this magnitude — without going through that process, but the document says that its proposal falls under an exception and therefore the administration is not required to seek public comment.

Conservatives have long argued that allegations of discrimination should require proof that any disparate effects were intentional. If this argument is accepted, it allows the defense to deny the existence of structural racism: if person X doesn’t have a conscious animus, then what he does isn’t racist. So the bank officer who declines a mortgage under his bank’s redlining criteria, the police officer who participates in “stop and frisk” activities only in “certain” neighborhoods, the HR department that hires applicants based upon “cultural compatibility,” the City Council that paves streets far more frequently in the “nicer” areas of town–all are off the hook.

If no one is burning a cross on a Black person’s lawn, or screaming the “n” word, there’s no racism.

The Trump administration’s effort to bolster structural barriers to equality is just one of many examples of what has become distressingly clear during the past four years: today’s QOP is our contemporary version of the Confederacy. It is dominated by White Christian male supremacists intent upon doing whatever it takes to protect their historic hegemony–intent upon ignoring/excusing the operation of systems developed and maintained over the years that lock in White advantage without demonstrating cruder, more obvious bias.

It is not a coincidence that those willing to engage in that cruder racism–the “out and proud” racists of the KKK and Proud Boys and neo-Nazis– flocked to Trump and today’s Republican Party.  The efforts of more “respectable” members of the party to maintain plausible deniability–to distance themselves from their Confederate motives– is increasingly unconvincing.

The problem, as I have repeatedly noted, is that a two-party system needs two adult parties. It will be interesting to see if the embryonic efforts to form a new center-right party to replace the cult that is the current QOP go anywhere….

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The World’s Worst Legislature

During his too-brief life, former NUVO editor Harrison Ullmann was best known for his repeated assertion that Indiana had the “world’s worst legislature.” Participants in the current session are once again demonstrating the accuracy of that label–and given the number of other legislative bodies that could plausibly win that title–especially, after yesterday, the United States Senate– awarding it to the Hoosiers in the Indiana Statehouse is really saying something.

The current session has seen a steady stream of bills by sponsors who haven’t even tried to obscure outrageous conflicts of interest: efforts by real estate developers to eliminate environmental protections like wetlands, a bill from a homebuilder/legislator that would disallow local design oversights. (Respecting the environment and following minimum design standards costs money, you know…)

An obscene number of measures take aim at Indianapolis.

I have previously pointed out that municipalities in Indiana have no genuine home rule–that the same lawmakers who bemoan “unfunded mandates” from Washington are perfectly happy to impose ridiculous constraints on Indiana’s cities and towns. It certainly won’t surprise anyone living in Indianapolis that our legislature– dominated by rural interests– has once again aimed its animus at the state’s largest city. But this year, the effort to spit in the face of the state’s economic driver–to punish Indianapolis for being “blue”–has gone into overdrive.

One bill would remove the police department from the control of the mayor and city council. Another would remove the city’s legal authority to provide bus rapid transit. Yet another would prevent the city from regulating the placement of 5G wireless devices.

A truly despicable bill that seems likely to pass is a legislative smackdown of a city ordinance that provided (minimal) extra protections for tenants. That measure, which passed previously, was vetoed by Governor Holcomb; legislators now propose to override that veto.  Indiana  law has historically and unfairly favored landlords; the Indianapolis City-County Council had begun to redress that imbalance.

As Michael Hicks recently wrote in a column for the Howey Report,

These are unusual issues for a state legislature to become involved in, but there’s more. One bill would prevent Indianapolis, or any other city, from changing its name. To be fair, that bill might be targeted at Russiaville, Toad Hop or Slab Town, not Indianapolis. Another would limit the powers of Indianapolis to undertake land-use authority within its city limits… 

This flurry of legislation aimed at the heart of Indiana’s largest municipal government seems to signal that something unseemly is happening in Indianapolis. 

What is “unseemly,” of course, is that Indianapolis is now a reliably Democratic city in a reliably Republican state.

The proposed punitive legislation wouldn’t just affect Marion County. (For those readers who don’t live in Indiana, the city limits have been essentially coterminous with the county’s since the early 1970s.) This is, as Hicks noted, different from the Indianapolis Metropolitan Statistical Area, which includes the surrounding counties. Much of the proposed legislation would affect both the City of Indianapolis and the surrounding metropolitan area that depends upon the success of the city.

Hicks also notes that–far from demonstrating “unseemly” governance,  the metrics show that Indianapolis has been far more successful than the rest of the state.

 Indianapolis has been responsible for the lion’s share of state population growth.

Since 2000, the Indy metro area has grown by 35%, the City of Indianapolis by 12%, and the whole rest of the state by 2.1%. The City of Indianapolis saw more population growth this century than the 80 non-Indy metro counties combined. So, whatever concern about crime, zoning or building design residents have about Indy, they are worse everywhere else. 

What about jobs?

Since 2000, the Indianapolis metro region has added some 154,000 jobs. Of those jobs, the City of Indianapolis can account for 18,000 new jobs over the same time period. Here’s the rub; over the same time period, all the rest of Indiana lost a whopping 151,000 jobs. 

Speaking of economic impact, Hicks tells us that, annually, residents of Marion County send a net of more than $500 per person in tax revenues to residents of the rest of the state.

All told, 20 Hoosier counties pay more taxes to the state than they receive in tax revenues from the state. Five of those are in the Indianapolis metro area. So, just to summarize it clearly, Indianapolis, and the Indianapolis region as a whole, are growing leaps and bounds faster than the rest of the state. At the same time, they bear a greater state tax burden, of which a significant share is sent to other counties. They get far less back in tax dollars than they spend.

In the World’s Worst Legislature–coming to citizens courtesy of extreme gerrymandering–resentful representatives of dwindling rural areas are intent upon killing the goose that sends them the golden eggs.

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