Defending The Indefensible

The Independent, among other publications, reports that the United States has voted against a U.N. resolution condemning laws that punish same-sex couplings with death. The lede suggested that America’s vote was yet another example of the Trump Administration’s homophobia.

The US is one of just 13 countries to have voted against a United Nations resolution condemning the death penalty for having gay sex.

Although the vote passed, America joined countries such as China, Iraq and Saudi Arabia in opposing the move.

The Human Rights Council resolution condemned the “imposition of the death penalty as a sanction for specific forms of conduct, such as apostasy, blasphemy, adultery and consensual same-sex relations”.

 It attacked the use of execution against persons with “mental or intellectual disabilities, persons below 18 years of age at the time of the commission of the crime, and pregnant women.”

Although racism, homophobia, and misogyny are central to this administration, and are core elements of Trump’s appeal to his base, attributing this vote to those bigotries is misplaced.

Not that the absence of those motives is exculpatory. The real reason for the “no” vote was something equally indefensible: support for America’s continued use of the death penalty.

Heather Nauert, State Department spokesperson, told The Independent: “The headlines, reporting and press releases on this issue are misleading. As our representative to the Human Rights Council in Geneva said on Friday, the United States is disappointed to have to vote against this resolution. We had hoped for a balanced and inclusive resolution that would better reflect the positions of states that continue to apply the death penalty lawfully, as the United States does.

“The United States voted against this resolution because of broader concerns with the resolution’s approach in condemning the death penalty in all circumstances and calling for its abolition.

I believe her–but to use language appropriate to criminal justice, that explanation doesn’t exonerate us. It just confirms our position as an outlier among civilized countries.

Forget the moral arguments, compelling as many of us find them.

Decades of scholarship have confirmed that capital punishment is not a deterrent to violent crime.  When I last researched the issue, in 2010, I found that states with the death penalty reported murder rates higher than the rates in states without it. Police agree. In multiple polls, police chiefs rank the death penalty last among ways to reduce violent crime; they also consider it the least efficient use of taxpayer money, and complain that it diverts money from more effective crime control measures.

Then there are the fiscal issues.

In 2010, Indiana’s Legislative Services analyzed capital punishment costs in Indiana, and determined that the average cost of a capital trial and direct appeal was over ten times the cost of a life-without-parole case.  In California, taxpayers pay 114,000,000 more each year than it would cost to keep those same offenders imprisoned for life. In Kansas, capital cases are 70% more expensive than non-capital cases, even including the costs of lifelong incarceration. In Texas, a death penalty case costs three times what it would cost to imprison someone in a single cell at the highest security level for 40 years.

Advocates of the death penalty often complain that the higher costs are a result of “interminable appeals,” but that isn’t actually true. Appeals do add costs, but a capital trial is very expensive. Cells on death row and extra staff also cost more.

Of course, we could eliminate appeals and execute people immediately upon conviction. That would save money. Unfortunately, that “remedy” raises another pesky problem with capital punishment—the fact that America’s courts convict innocent people, and do so a lot more frequently than we like to admit.  Between 1973 and my 2010 research, over 130 people had been released from death row because they were found to be innocent. These were not folks freed on a “technicality,” they were people who had been wrongfully convicted.

It isn’t just death penalty cases that result in wrongful verdicts, of course; since the establishment of the Innocence Project, the substantial number of exonerations in all categories has testified to the persistent flaws in America’s criminal justice system.

Making “crimes” like blasphemy, adultery or gay sex punishable by death is worse than medieval. But so is continued imposition of the death penalty.

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Old McDonald Had A Subsidy

Like many of you, I get all sorts of newsletters, from a variety of sources. A recent report about farm incomes, from this issue of Axios Markets, made me take a deep breath, because I’m old enough to remember the Republican Party that no longer exists.

That iteration of the GOP would have screamed bloody murder had a President imposed tariffs; defense of free trade was (forgive the pun) a party trademark. Those Republicans would have pointed to all the readily-available evidence of the negative effects of tariffs, including but not limited to the fact that they are paid for by consumers in the nation that levies them.

That GOP was also a champion of genuine capitalism, and an (admittedly selective)  opponent of corporate welfare.

That GOP did scream bloody murder when President Barack Obama “bailed out” American auto companies. Never mind that we were just coming off the “Great Recession,” or that thousands of American jobs were at stake, or that the funds were structured as loans, not giveaways. They continued to criticize the decision even after it was clear that the intervention had worked, and even after the companies completely repaid the loans.

But I haven’t heard a peep from any of today’s Republicans about the mounting subsidies to farmers–subsidies meant to compensate them for losses entirely caused by Trump’s tariffs. Those subsidies are now larger than the amounts lent to automakers.

Here’s the information from Axios Markets that set me off:

What’s happening: U.S. farmers have been suffering this year. Chapter 12 bankruptcies have risen 24% over the previous year and farm debt is projected to hit a record high $416 billion.

While farm income is expected to reach its highest total since 2014, 40% of that income will come from trade assistance, disaster assistance, the farm bill and insurance indemnities, according to the American Farm Bureau Federation.

What we’re hearing: That’s “definitely not the normal,” Farm Bureau chief economist John Newton tells Axios. The $28 billion bailout package for farmers that President Trump signed earlier this year has “increased the percentage to a level we’ve not seen in a while.”

So let’s see.  The party that believes in capitalism and markets–the party that counsels poor folks to suck it up and avoid ” welfare dependency”–is perfectly fine with government dollars supplying 40% of farm income.

The party of free trade has no problem with disruptive tariffs that interrupted farmers’ existing markets (many of which are unlikely to come back once this episode is over–other countries grow soybeans) so that their “leader” could look like the “tough guy” he clearly isn’t, and they’re hunky-dory with using billions of taxpayer dollars to compensate the people their idiocy injured.

Chinese imports of U.S. agricultural products totaled $24 billion in 2017 and peaked at $29 billion in 2013, according to U.S. government data. Imports fell to $9 billion last year as a result of the trade war.

Trump insists that he’ll make a new deal under which China will buy “40 to 50 billion”  dollars of American farm products annually. As the Axios report notes, we’ve heard that song about an impending “great deal” before–and each time, Trump has had to pull back.  Peterson Institute senior fellow Jeffrey Schott has opined that, even  if a deal is signed, it’s unlikely that either side could deliver on its bloated promises to sharply increase US farm exports to China to $50 billion annually, “or anywhere near that total.”

Of course not.

Sentient Americans understand that virtually all of Trump’s pronouncements are untethered to reality–that they come straight from the fantasy universe he inhabits. What we don’t understand is where all those free-trade, fiscally-conservative, pro-market Republicans have gone.

I guess those policy preferences were less important than supporting a “leader” who promised them the continued dominance of straight white Christian males….

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Promises, Promises….

I post a fair amount about political hypocrisy: “family values” Evangelicals who love Trump, “fiscal conservatives” who are okay with his massive deficits, etc.  But Tuesday’s local elections were a reminder that hypocrisy and cant aren’t just national phenomena.

Indiana was one of the states that held elections this year for municipal offices. In central Indiana, Democrats had some notable first-time victories, including the election of a mayor and at least three councilors in suburbs of Indianapolis that have been reliably red for as long as I can remember. (And I’m old.) But I want to focus on the more predictable results of the mayor’s race in Indianapolis proper—which, like all urban areas with populations of over 500,000 these days, is currently bright blue—where the incumbent, Joe Hogsett, won re-election by a nearly 50-point margin.

I didn’t attend Hogsett’s election-nght party, but friends who were there reported that the Mayor’s victory speech included some interesting (and appropriately snarky) comments.

In particular, after thanking his Republican opponent, Jim Merritt, a sitting State Senator, Hogsett “welcomed” his return to the Indiana Legislature,  where, he said, Senator Merritt would have the opportunity to champion so many of the issues he raised during his mayoral campaign: additional resources for Indianapolis public safety and improved infrastructure, support for LGBTQ rights, and greater support for Marion County’s African American community – things that Senator Merritt has not exactly championed (or  supported) during his 30 years in the legislature.

(To the extent we still have media watchdogs, I certainly hope they will keep a watchful eye on Senator Merritt’s efforts to legislate improvements on the issues he suddenly discovered were important during his mayoral campaign.)

Of course, Merritt isn’t the only candidate who should be held accountable. It will be equally interesting to see what Hogsett does with his impressive win, which can rightly be considered a mandate. He will also have an expanded majority—indeed, a 20-5 super-majority—on  Indianapolis’ City-County Council.

How will he use this expanded authority?

One of my more cynical friends predicts that—based on the Mayor’s extremely timid approach to governing thus far—Hogsett will take his 71% victory as a “mandate to continue doing not much of anything.”

Maybe. But hope springs eternal….

Our city, like so many others, faces a number of critical issues. Those issues will demand focused, thoughtful initiatives from the Mayor’s office: improving inadequate and decaying infrastructure; working with the State DOT to avoid further exacerbating the 50-year-old mistake of running an interstate highway through downtown residential districts; continuing to revitalize in-city neighborhoods while avoiding the pitfalls of gentrification; supporting the extension of public transportation; the continuing effort to improve public safety; and so many more.

The Mayor now has an electoral mandate and a supermajority on the Council. It will be interesting to see how he chooses to spend that political capital.

I’m hoping for signs of bolder leadership and vision in his second term, and I’ve made a wager with my cynical friend, whose prediction is that Mayor Hogsett will “boldly middle-manage the status quo” in ways that keep Indianapolis a reasonably well-functioning but ultimately undistinguished city.

Time will tell.

Meanwhile, all eyes now turn to Washington and 2020.

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How Ignorant Are We?

Some years ago, Newsweek’s cover story was “How Ignorant Are We?” The article reported on results of citizenship surveys–the sorts of data I share regularly (probably too regularly) on this blog. The surveys focused on knowledge of the Constitution, Bill of Rights, and the structures of our government, basic elements of the legal environment we share.

A recent episode in Lafayette, Indiana–home of Purdue University–illustrated yet another area of civic ignorance. As reported in the local paper, a Purdue University engineering student was denied the purchase of an over-the-counter cold medicine because employees of the local CVS pharmacy “looked at his Puerto Rican driver’s license and told him he needed a valid U.S. ID, before pressing him about his immigration status.”

They didn’t know that Puerto Rico was part of the United States, and didn’t believe him when he told them he was a citizen. And it wasn’t simply one clerk. After the initial encounter (during which he showed her his passport!), the young man left; he came back later to see whether a shift supervisor or manager could help, but he received the same line about corporate policy and his “immigration status.”

The student’s mother posted about the incident, attributing the question and the disbelief to racism.

What caused this employee to ask him for his visa?” Payano Burgos wrote in a Facebook post that was still gathering steam this weekend in West Lafayette and Purdue circles. “Was it his accent? Was it his skin color? Was it the Puerto Rican flag on the license? Whatever triggered her to discriminate against my son embodies exactly what is wrong in the United States of America today.”

I’m unwilling to entirely discount racism, but I think the more likely explanation is–again–civic ignorance. There have been reported incidents in which people have assumed that New Mexico is a foreign country, or a part of Mexico. (And as we know, the President was building his wall on the border between Colorado and New Mexico…)

In a recent speech to Indiana’s Library Federation, I shared the following statistics:

In 2014 only 36% of the American public could name the three branches of government. In 2017, only 24% could. Surveys have found that fewer than half of 12th graders are able to describe the meaning of federalism and that only 35% of teenagers can correctly identify “We the People” as the first three words of the Constitution. In a survey by the Carnegie Foundation, just over a third of Americans thought that, while the Founding Fathers gave each branch of government significant power, they gave the president “the final say,” and just under half (47%) knew that a 5-4 decision by the Supreme Court carries the same legal weight as a 9-0 ruling. Almost a third mistakenly believed that a U.S. Supreme Court ruling could be appealed, and one in four believed that when the Supreme Court divides 5-4, the decision is referred to Congress for resolution. (Sixteen percent thought it needed to be sent back to the lower courts.)

We can add to that enumeration the widespread (if not statistically determined) lack of knowledge about American geography.

I guess the answer to Newsweek’s question is: very.

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Talk About Conflicts Of Interest….

A recent report issued by Citizens for Responsibility and Ethics in Washington (CREW) finds that President Trump has 2,300 conflicts of interest. (For some reason, I’m having trouble linking to the report, but it’s easily Googled.)

We see a number of vague accusations of this administration’s “corruption,” but that all-encompassing description doesn’t tell us what the improprieties are, or why the behaviors are unethical. As a result, we are in danger of normalizing them.

The most common definition of a conflict of interest is a situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity. CREW puts meat on the bare bones of that definition. The report begins with an explanation of the importance of divestment and the reasons for it.

Prior to President Trump, every modern president divested their business interests before entering office. For decades, this norm of presidential conduct has served as an important signal for both Republican and Democratic administrations to show that, as the nation’s most powerful and prominent public servant, the president would not put personal financial interests before the interests of the country. Divestiture also served as an assurance to the public that the president would not open himself up to undue influence from special interests and foreign governments that might use his businesses as a way to curry favor with him and his administration.

And Trump?

The president has visited his properties 362 times at taxpayer expense during his administration, sometimes visiting multiple properties in a single day. The number of days he’s spent time at a Trump-branded property account for almost a third of the days he’s been president.

One-hundred eleven officials from 65 foreign governments have visited a Trump property.

CREW has recorded 630 visits to Trump properties from at least 250 Trump administration officials. Ivanka Trumpand Jared Kushner are the most frequent executive branch officials to visit Trump properties, other than the president himself. Jared has made 28 known visits, while Ivanka has made 23.

Members of Congress have flocked to President Trump’s properties: 90 members of Congress have made 188 visits to a Trump property.

President Trump has used the presidency to provide free publicity for his properties, which he still profits from as president. As president, Trump has tweeted about or mentioned one of his properties on 159 occasions, and White House officials have mentioned a Trump property 65 times, sometimes in the course of their official duties.

Political groups have spent $5.9 million at Trump properties since President Trump took office. In more than a decade prior to his run for president, Trump’s businesses never received more than $100,000 from political groups in a single year.

Foreign governments and foreign government-linked organizations have hosted 12 events at Trump properties since the president took office. These events have been attended by at least 19 administration officials.

There is much more.

Trump’s behavior has been a truly shocking departure from that of previous presidents, but in all fairness, the expectation that government officials will avoid both conflicts and the appearance of conflicts has been eroded over the years by practices in the Senate.

An article a few weeks ago in The Guardian focused on those practices.

As they set national policy on important issues such as climate change, tech monopolies, medical debt and income inequality, US senators have glaring conflicts of interest, an investigation by news website Sludge and the Guardian can reveal.

An analysis of personal financial disclosure data as of 16 August has found that 51 senators and their spouses have as much as $96m personally invested in corporate stocks in five key sectors: communications/electronics; defense; energy and natural resources; finance, insurance and real estate; and health.

The majority of these stocks come from public companies, and some are private.

Overall, the senators are invested in 338 companies – including tech firms such as Apple and Microsoft, oil and gas giants including ExxonMobil and Antero Midstream, telecom companies including Verizon, and major defense contractors such as Boeing – in the five sectors as categorized by Sludge.

As the article noted, this ownership is not illegal, but such investments raise real questions about lawmakers’ motivations.

We have a lot of work to do.

In 2020, Americans’ first priority must be delivery of an overwhelming, crushing defeat to Trump and the obsequious Republicans who continue to enable him.

Our second must be a wholesale “clean up” of government– reform of electoral systems and governmental structures that facilitate unethical behavior, from state-level gerrymandering and voter suppression, to Senate-level conflicts of interest.

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