Context Matters

How many times have you told someone you would attend gathering A, or accomodate request B, then been unable to follow through? Perhaps it was due to an illness or family emergency or simply because you’d forgotten about a pre-existing obligation. It’s not uncommon–compliance with previous promises is, unfortunately, contingent upon the continued reasonableness/ability to perform.

When the news broke about President Biden’s pardon of his son, despite earlier statements that no such pardon would be forthcoming, I didn’t realize that the context had changed–dramatically. And even then, to be honest, it didn’t bother me; anyone familiar with the laws governing Hunter Biden’s prosecution can attest to the fact that he faced penalties far more severe than those sought against others in the same circumstances– only because his name was Biden. (As former U.S. Attorney Joyce White Vance made clear in her Civil Discourse, Hunter Biden wouldn’t even have been criminally charged if he had been anyone other than the president’s son). The relentless effort to use him politically to hurt his father was obvious and unfair. So–while a pardon did violate the President’s prior promise not to issue one– I really thought it was appropriate.

And that was before I realized how dramatically the context had changed. As Heather Cox Richardson has explained, 

The pardon’s sweeping scope offers an explanation for why Biden issued it after saying he would not.

Ron Filipkowski of MeidasTouch notes that Biden’s pardon came after Trump’s announcement that he wants to place conspiracy theorist Kash Patel at the head of the Federal Bureau of Investigation (FBI). Filipkowski studies right-wing media and points out that Patel’s many appearances there suggest he is obsessed with Hunter Biden, especially the story of his laptop, which Patel insists shows that Hunter and Joe Biden engaged in crimes with Ukraine and China.

House Oversight Committee chair James Comer (R-KY) spent two years investigating these allegations and turned up nothing—although Republican representative Marjorie Taylor Greene of Georgia used the opportunity to display pictures of Hunter Biden naked on national media—yet Patel insists that the Department of Justice should focus on Hunter Biden as soon as a Trump loyalist is back in charge.

Notably, Trump’s people, including former lawyer Rudy Giuliani and his ally Lev Parnas, spent more than a year trying to promote false testimony against Hunter Biden by their Ukrainian allies. Earlier this year, in the documentary From Russia with Lev, produced by Rachel Maddow, Parnas publicly apologized to Hunter Biden for his role in the scheme.

The victory of Donald Trump and his subsequent unqualified and inappropriate choices for important government positions raised the very real prospect that the FBI and Justice Department might literally fabricate evidence, or collaborate with a foreign government to ‘find’ evidence of a ‘crime,’ with zero accountability–that going forward, those agencies would be used as political weapons rather than legitimate law enforcement mechanisms, and would focus on Hunter Biden, among others.

Richardson pointed out that most media outlets had failed to tell the full story–to provide the context within which a prior promise could not–should not–be kept. Several pundits have asserted that Biden has given Trump license to pardon anyone he wants, evidently forgetting that in his first term, “Trump pardoned his daughter Ivanka’s father-in-law, Charles Kushner, who pleaded guilty to federal charges of tax evasion, campaign finance offenses, and witness tampering and whom Trump has now tapped to become the U.S. ambassador to France.”

Trump also pardoned for various crimes men who were associated with the ties between the 2016 Trump campaign and the Russian operatives working to elect Trump. Those included his former national security advisor Michael Flynn, former campaign manager Paul Manafort, and former allies Roger Stone and Steve Bannon. Those pardons, which suggested Trump was rewarding henchmen, received a fraction of the attention lavished on Biden’s pardon of his son.

In today’s news coverage, the exercise of the presidential pardon—which traditionally gets very little attention—has entirely outweighed the dangerous nominations of an incoming president, which will have profound influence on the American people. This imbalance reflects a longstanding and classic power dynamic in which Republicans set the terms of public debate, excusing their own objectionable behavior while constantly attacking Democrats in a fiery display that attracts media attention but distorts reality.

As Richardson notes, this lack of balance and context do not bode well for journalism during the upcoming administration. The likelihood is that the media will continue to leave the public badly informed–or completely uninformed– about matters that are important for truly understanding modern politics.

Matters like context.

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What If We Had Mandatory Voting?

A couple of days ago, a commenter suggested that a shift to mandatory voting might help reinvigorate American democracy.

I once thought the only countries requiring citizens to cast ballots were the ones running phony elections, the countries where autocrats could claim an overwhelming mandate after marching people to the polls, but a few years ago, during a cruise of Croatia, I met a retired professor of public administration from Australia, who disabused me of that belief.

It turns out that countries like Australia, Belgium and Brazil all require citizens to cast ballots. In such countries, including Australia, modest fines for non-voting are typically assessed. In Belgium, non-voters may be fined and they may also face disenfranchisement for repeatedly abstaining. In Brazil: voting is also compulsory, but the rule makes several accommodations for illiterate citizens, the elderly, and those living abroad.

Mandatory voting rules require citizens of voting age to register and participate in elections. Penalties for noncompliance range from small fees to restrictions on public services. (In some countries, like Brazil, proof of compliance is needed for public employment or for obtaining a passport.)

In most systems, the rules contain exemptions for valid reasons for not voting– illness, travel, or  even religious objections may exempt individuals from penalties. And use of mail-in or other absentee ballots are considered to be in compliance. The mandate is not onerous.

Even people who want to show affirmative disdain for all of the candidates can comply with the law by submitting a blank or spoiled ballot–signifying their vote for “none of the above.”

There’s a fairly substantial body of academic literature analyzing the effects of mandatory voting.

Unsurprisingly, turnout increases dramatically (duh!), but research has also suggested other salutary outcomes. Researchers have found  that compulsory voting reduces “socioeconomic biases” in voter turnout. (In countries without required voting, the majority of people who fail to vote are typically poorer.) Vote totals in mandatory systems thus reflect the sentiments of a broader cross-section of the society. As a result, some studies have suggested that governments in countries with mandatory voting are more likely to adopt policies that benefit broader segments of society.

Critics of mandatory voting argue that forcing uninterested or uninformed individuals to vote dilutes the quality of electoral decisions. A 2009 study titled Full Participation: A Comparative Study of Compulsory Voting, for example, highlighted these concerns about uninformed voting. (On the other hand, those of us who live in the U.S. can attest to the fact that making voting mandatory could hardly turn out a higher percentage of uninformed voters that those who routinely go to the polls here. Data shows that Donald Trump’s margin of victory was greatest among those who consume little or no news.”)

When I was doing some superficial research for this post, I also found pundits who argue that making voting mandatory infringes on individual freedom. (Civil libertarian that I am, that was actually my initial reaction during discussion with my fellow passenger.) On reflection, however, I have changed my mind–for a couple of reasons.

I have often said that taxes are the dues we pay for a functioning society, but taxes represent only one part of those “dues.” Other obligations of citizenship include obeying laws and responding to summonses for jury duty. Surely casting a ballot can be considered another such obligation.

Over and above the inclusion of voting as a duty of citizenship, however, is the likely effect of such a mandate on policy.

Poll after poll shows large majorities of citizens supporting or opposing particular policies –preferences that are routinely ignored by America’s lawmakers. Most lawmakers who feel safe ignoring public opinion are the Representatives elected to the House who have been gerrymandered into “safe” districts. As I have often noted, however, gerrymandering is a voter suppression tactic. In a large number of those districts, universal turnout would make purportedly “safe” districts far more competitive–and would send a signal to incumbents that they might actually need to listen to their constituents.

When it comes to the election contests that aren’t subject to gerrymandering–Governors, Senators, President–universal turnout could not possibly give us worse results than those of the 2024 elections.

Will the United States ever impose mandatory voting? Doubtful, in a country where millions of people resist the most modest measures to protect the health and well-being of their neighbors.

But it’s certainly worth putting on our wish list….

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Rokita Again…

Among the worst results of the recent election was the local–and sadly predictable–victory of Indiana’s statewide Republican ticket. Mike Braun can be expected to obediently follow the Trumpist/MAGA line. Micah Beckwith and Jim Banks are self-proclaimed Christian Nationalist and an embarrassment to the state (and, actually, to intelligent humans pretty much everywhere.) But Todd Rokita may actually be the worst choice Hoosiers made, if only because he was running for re-election after a term in which he displayed what he is for all to see–an unethical publicity hound consistently pandering to the very worst of the MAGA base.

And he is at it again–(mis)using the resources of his office to pursue ideological, rather than legal, ends. This time, it’s an effort to intimidate Indiana organizations that serve immigrant populations.

One of those organizations is Su Casa, a nonprofit organization that was issued a civil investigative demand by the office of the Indiana Attorney General. The purported reason was an inquiry into human trafficking. Su Casa–along with many other entities in Indiana that serve immigrant communities– are being “questioned” by the AG’s office, probing how they serve migrant communities.

Su Casa was founded in 1999 as a response to the increase of Latin American immigrants arriving in Columbus, Indiana.  The majority of them had limited English proficiency, and Su Casa provided assistance and removed barriers to essential services in that community. It’s mission is to “increase self-sufficiency, health, economic independence, education, and ensure Latino families feel safe and belong here.” Its website says “Su Casa believes that all residents should have equitable access to the tools and support needed to be successful regardless of socio-economic or immigration status, gender identity, sexual orientation, race, or beliefs.”

MAGA cultists like Rokita consider such beliefs unacceptably “woke.”

When I did some research, I discovered that the Attorney General has initiated investigations into several organizations– including nonprofits, government agencies, and businesses– that work to facilitate what the cult deplores as an  “influx of migrants into Indiana communities.” These investigations purport to be about labor trafficking and “the strain on local resources due to increased migrant populations.”

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The Know-Nothing Administration

Data tells us that education levels predict the major divisions among American voters. Educational differences are also playing out in Washington, as Trump assembles a know-nothing cabinet composed of cranks, toadies, various conspiracy theorists and general ignoramuses.

Primary among those ignoramuses is Elon Musk. Musk’s reputation as a “genius” rests almost entirely on Americans’ quixotic tendency to ascribe intelligence to the accumulation of wealth. Musk inherited a fortune, purchased rather than invented the Tesla, and pretty much tanked Twitter. We taxpayers provide much of his income through lucrative contracts with the federal government.

I may be underwhelmed by Musk’s purported brilliance (actually, he isn’t stupid, he’s ignorant, and that’s different) but–like Trump–he himself is anything but modest. He’s proclaimed an intent to use his promised new (illegitimate) “department” to produce savings and government “efficiency.”

Musk and fellow billionaire Vivek Ramaswamy have promised to cut two trillion dollars out of the federal budget–a promise that displays incredible ignorance of what is in that budget, what is and isn’t discretionary, and what would be required to reduce it.

Vox recently explained that, even if Musk and Ramaswamy took an axe to the relatively small portion of the budget that is discretionary, that would save “only” $1.1 trillion. But those cuts would be incredibly painful–and would never make it through Congress:

Let’s suppose that Musk and Ramaswamy decide to really go for it. They’re going to cut non-defense discretionary spending in half, maybe by shutting down all scientific and health research and K–12 school aid. They’re slashing Medicare and Medicaid by a quarter, and they’re eliminating food stamps, ACA credits, and unemployment insurance entirely.

These, to be clear, are all cuts that would require congressional approval and that Musk, Ramaswamy, and Trump could not achieve through executive action alone. Furthermore, they’re cuts that seem politically impossible to push through. For the sake of argument, let’s suppose this is the package.

Doing the math, even this unbelievably ambitious package would amount to a little over $1.1 trillion annually. It’s barely halfway to Musk’s stated goal.

Robert Hubbell, among others, has noted that it isn’t mathematically possible (not to mention politically feasible) to achieve $2 trillion in cuts. A one trillion dollar cut would require “massive cuts to Medicare, Medicaid, unemployment insurance, and subsidies for the Affordable Health Care premiums.” The majority of people hurt by those cuts would be the MAGA folks in Trump’s base, and they’d take effect right before the midterms.

What about Musk’s proposal to save money by firing thousands of federal workers? Again, he displays his ignorance. The federal workforce has remained essentially flat for decades; increases in the number of government workers have occured at the state and local level.

As Hubbell writes, 

The US economy is the largest in the world—by a large margin. Although Musk and Ramaswamy may not like it, the size of the US economy is due in part to the federal government, which creates stable marketplaces and economic conditions for growth.

If you demolish the federal regulatory framework by firing millions of federal employees, we devolve into a kleptocracy—like Russia, which has an economy smaller than that of Brazil. Indeed, Russia’s current GDP is smaller than that of the US before WWII. See World Bank Ranking of GDP 2023….

The myth that the US has a bloated federal bureaucracy is demonstrably false when compared to other developed economies. If Musk and Ramaswamy recommend cutting the US federal workforce by a million jobs, we will have a federal regulatory environment on the same scale as Haiti and El Salvador. That state of affairs might benefit robber barons and tech bros, but it won’t help working-class Americans.

Here’s the takeaway: We will hear an incredible amount of insufferable mansplaining and chest-thumping from Musk and Ramaswamy. But they will soon face the reality that government spending helps the American people (which is the point of having a government) and creates the conditions for a prosperous economy.

Musk and his ilk are just prominent examples of the uninformed population that thinks running a government is no different than running a business. As I explained yesterday, that belief rests on a profound misconception of what government is, and what it is for.

It isn’t just Musk and Ramaswamy. Trump’s entire cabinet is a collection of dunces and conspiracy theorists–from Soviet apologist Tulsi Gabbard to RFK, Jr. and his brain worm. His pick for Treasury Secretary is evidently pro-tariff, but as the New York Times has noted, will have a very uphill battle selling tariffs to a business community that actually understands how they work.

Some of these Trump-world clowns probably believe the earth is flat…..

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I Repeat Myself

A reader recently asked me to repeat a previous column explaining why calls to run government like a business misunderstand the nature of both. I found it–it was from late 2016–and I agree that in the era of Musk and his “government efficiency department,” it’s once-again timely. It was called “The Business of Government.”

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Americans like to believe that government should be run like a business. That belief–pernicious and naive– helped elect Donald Trump, and its persistence is evidence (as if any additional evidence is needed) of the public’s profound lack of civic literacy.

Should government be run in a businesslike fashion? Of course. Is managing a government agency “just like” managing a business? Not at all.

A former colleague recently shared an article addressing the differences between business and government. Addressing the myth that anyone who can run a successful business can manage government, the author noted

This is not a 21st-century — or even a 20th-century — phenomenon. In a classic 1887 article, Woodrow Wilson, then a professor at Princeton University, maintained that there was a “science of administration” — arguing, in effect, that there were principles of management that transcended the context in which they were applied. “The field of administration is a field of business,” wrote Wilson. “It is removed from the hurry and strife of politics.”

Later observers and scholars of public administration thoroughly discredited this notion. The pithiest statement on the topic came from Wallace Sayre of Columbia University, who argued in 1958 that “public and private management [were] fundamentally alike in all unimportant respects.” In 1979, Graham Allison, then dean of the Kennedy School of Government at Harvard, used Sayre’s comment as a launching point from which to examine similarities and differences. He noted that both private firms and governments must set objectives, develop plans to achieve those objectives, hire people and direct them toward the achievement of objectives, and manage external environments. But he observed that the way in which these things occur is often fundamentally different from one sector to another.

The article lists some of the important ways in which private enterprises differ from public ones.

Government is about this thing called the “public interest.” There is no such animal in the private sector. Private firms care about their stakeholders and customers; they do not generally care about people who do not invest in their businesses or buy things from them. Thus, accountability is by necessity much broader in government; it is much more difficult to ignore particular groups or people.

Private-sector performance is measured by profitability, while performance measurement in government focuses on the achievement of outcomes.

Compromise is fundamental to success in the public sector. No one owns a controlling share of the government…. The notion of a separation of powers can be anathema to effective private management. It is central to the design of government, at least in the United States.

Government must constantly confront competing values. The most efficient solution may disadvantage certain groups or trample on individual or constitutional rights. In the private sector, efficiency is value number one; in government, it is just one of many values.

Government has a shorter time horizon. In government, the long term may describe the period between now and the next election. Thus there is a strong incentive to show relatively immediate impact.

Government actions take place in public, with much scrutiny from the press and the public. There is no equivalent of C-SPAN showing how decisions are made in the corporate boardroom. Corporate leaders do not find it necessary to explain their every decision to reporters or even to employees.

When corporate executives are elected to run cities or states, they often expect to operate as they did in their companies, where they made the decisions and others obediently carried them out. But legislative bodies–even those dominated by the political party of the chief executive–are not “minions.” They too are elected officials, and they bristle (rightly) when a mayor or governor or president presumes to issue orders. Successful relations between the legislative and executive branch require negotiation, diplomacy and compromise–and those aren’t management skills generally found among corporate CEOs.

Trump and most of his cabinet nominees lack any government experience. Most also lack any education relevant to the missions or operations of the agencies they have been tapped to lead. They don’t know what they don’t know.

And it has become quite obvious that the concept of “the public interest” will be new to all of them….

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As we prepare for Trump II, nothing in those last two paragraphs has changed…..

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