Tag Archives: corruption

Attention!

Ezra Klein recently wrote an essay exploring–and explaining–the new American currency: our attention.

Yes, money continues to be important. But as Klein points out, what is different about the early days of Trump’s second term is that “attention, not cash, is the form of power that most interests him.”

Plenty of his billionaire backers didn’t make the cut at his inauguration. The catbird seats were occupied instead by the titans of attention. It was the leaders of Facebook and Instagram and X and TikTok and Amazon and Google that Trump was so eager to see arrayed before him.

It isn’t as if the corruption enabled by money–the lobbyists, the political donors, etc.–no longer matters. Of course it does. But–as Klein also notes–Americans have become somewhat inured to that corruption. And we have rules that are intended to constrain it (albeit with debatable efficacy).

The same cannot be said for attention. If Trump saves TikTok and, in return, TikTok boosts pro-Trump content before the 2026 elections to help it go viral, would that be illegal? Perhaps. But would we even know it had happened? If Elon Musk turns the dials on X to tilt the conversation in the Republican Party’s direction before the 2028 elections, who will stop him?Attention, not money, is now the fuel of American politics.

It seemed clear in 2022 that Musk had overpaid when he bought Twitter for $44 billion. And if it’s judged as a business transaction, he probably did overpay. X’s revenue is far from justifying its purchase price. But we did not know then, and we do not know now, how to value the attention he bought. In terms of attention, Musk’s purchase of Twitter turned him into the most powerful person in the world, save perhaps Trump. What is that worth?

Talk about corruption; Klein notes that Musk isn’t just seeking to keep profiting immensely from his contracts with the government. He wants widespread influence and attention. And attention is what he is offering Trump..

To Trump, of course, attention is everything. As his six bankruptcies proved, he knows little or nothing about the actual real estate development business. He was able to monetize the attention he garnered from the Apprentice–his false persona as a savvy businessman– to sell his “brand” to the credulous. He learned nothing about government during his first term, but he did learn how to stay in the public eye and how to use the attention he generated to punish those on his growing enemies list.

His monumental ignorance of government has now collided with his insatiable need to capture the public eye. As Dana Milbank recently wrote in the Washington Post in the wake of his effort to freeze trillions in federal spending, “The Trump White House has no idea what the Trump White House just did.”

In just eight days on the job, Trump has taken a wrecking ball to the federal government, and he and his aides apparently couldn’t be bothered to give any thought to the damage and chaos that would ensue. It’s not just the spending freeze. It’s the willy-nilly, and probably illegal, firing of federal employees, the federal hiring freeze, the moratorium on foreign aid, the threats and bullying unleashed on allies, and the moves to muzzle government agencies to eliminate accountability.

The focus on attention, and Trump’s ability to command it, is particularly concerning given the information ecosystem we inhabit. As I have repeatedly noted, the Internet is a wild west of misinformation, disinformation and propaganda. People wanting to affirm the righteousness of their political preferences and beliefs can confirm their biases with a simple google search (aka “research.”) When a madman controls the majority of public attention, the availability of that “research” strengthens his ability to create and sustain an alternate reality.

And let’s be honest: Trump is a madman. The past week has removed all doubt.

Even worse than the fact that American voters have once again empowered this senile and delusional man is the fact that– when attention is the coin of the realm– it is the owners of the platforms that provide that attention who stand to gain the most.

We face a new avenue for corruption. As Klein concluded:

As absurdly concentrated as wealth is in America, attention is even more so. As powerful as money is in politics, attention is even more so. We have largely failed to regulate the role of money in politics. For attention, the problem is worse — and we have not even begun to attempt solutions.

We are barely aware of the problem, let alone possible solutions.

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Crony Capitalism–The Big Grift

Not to sound like some sort of weird Pollyanna, but despite the considerable downsides and probable suffering involved, perhaps the Trump administration’s coming destruction of America’s governing institutions is overdue. Maybe we need a thorough-going rethinking of the ways in which America’s current governing structures support and encourage some very destructive approaches–especially to our economic life.

As I have frequently asserted, I am a huge fan of market capitalism–properly understood. By “properly understood,” I mean a system that recognizes two essentials of a working market economy: the maintenance of a true level playing field, which requires rational, reasonable regulation; and proper recognition of the areas of the economy that are not suited to a market approach. Markets are marvelous devices for the production of all manner of goods and services–and absolutely inappropriate and damaging in other areas of our communal lives.

The basic definition of a market transaction is one in which a willing buyer and willing seller, both of whom are in possession of all information relevant to the transaction, enter into a sales agreement. Rather obviously, that definition excludes things like medical care, where the “buyer” is not in possession of the same information as the provider, and is generally in no position to bargain with the provider or to shop around for a better deal.

What about transactions where the “buyer” is government?

Take prisons. In a market economy, should government “purchase” incarceration services from entities competing for those government contracts? Or–as most of us might suspect–does the prospect of a “buyer” with virtually unlimited resources thanks to the taxing power invite would-be contractor/sellers to engage in a range of unethical behaviors–big donations to selected political figures in order to get the contracts, and/or failure to provide the services at an optimum (or even adequate) level in order to generate more profit?

Should prisons be privatized–i.e., considered part of the market economy? Or is the marketization of such essentially governmental services an invitation to corruption?

One recent report looked at the “industry” of immigrant detention. Titled “Revenue Over Refuge,” the report found the following:

  • Hundreds of millions of dollars are flowing from city and federal governments to private equity firms for goods and services used to detain immigrants.
  • 63 percent of federally-designated ICE facilities contract with private equity-owned companies for a range of services.
  • Private equity-owned companies are winning emergency contracts for managing migrant shelters in cities across the country.
  • Companies like Wellpath and G4S have faced investigations and lawsuits and paid out settlements for mistreating immigrants in their care.
  • Private equity firms and other alternative asset managers stand to profit from increased taxpayer-funded immigration detention, although alternatives to detention cost less.

Are we really surprised to find corporate America engaging in these profit-maximizing tactics? More fundamentally, are prisons the sort of consumer item we think of when we consider the merits of healthy market economies?

When I was still teaching, I required the graduate students in my Law and Public Policy classes to produce team projects on a  policy issue that the team would choose. Over the years, several of the teams investigated government contracting with the private prison industry. In every case, the teams’ conclusions were highly negative. Not only did they focus on the poor performance of the contractors–and the high potential for graft–but most teams addressed what I think is the underlying philosophical question: when should government contract out–and when shouldn’t it? When is it appropriate for government to be the “willing buyer” in a market transaction?

America is heading for a very ugly few years, as the MAGA movement tries to install a government that might have been appropriate for an 18th Century society–a government utterly insufficient for America’s contemporary culture and other realities of the 21st Century. The next few years will range from very unpleasant to devastating (those of us with documented citizenship, a measure of financial security and white skin will be spared the worst of it; others won’t be so lucky.) But when the fever subsides, when the current MAGA eruption of racism, misogyny, anti-Semitism and other assorted bigotries has run its course (at least this time), the rest of us must be ready to offer practical systemic and economic reforms.

Production of that reform agenda needs to be a central part of the Resistance.

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The Arrogance Of Power

As Indiana’s election looms, the enduring truth of one of Jennifer McCormick’s talking points is hard to miss: it’s time for a change.

Indiana has been ruled by Republicans for over twenty years. We’ve had Republican Governors and a Republican legislature–and for the past several years, a Republican super-majority in that legislature. For any political party, a persistent lack of balance–and thanks to gerrymandering, a perceived lack of any real competition–leads to corruption. (“Power corrupts” is as old and hoary an adage as “it’s time for a change.)

The problem with extended one-party rule isn’t simply that extremists can pass rules and push through legislation without considering contending viewpoints or public opinion–it’s that those exercising power come to believe that they can do anything they want, legal or not, without worrying about the consequences. Two recent stories–one from the Indiana Citizen and one from The Capitol Chronicle–are directly on point.

The Indiana Citizen reports on the continuing corruption of the Attorney General’s office headed by Todd Rokita. A Marion County Superior Court has sanctioned two state agencies and the lawyers from the Indiana Attorney General’s Office who represented them, detailing ongoing misconduct and ordering them to pay nearly $375,000. While the agencies involved are certainly not blameless, the responsibility for complying with court orders and responding truthfully to questions from the court and other litigants rests squarely on the shoulders of the lawyers representing them. 

According to the court, 

Respondents and their counsel committed multiple types of unacceptable misconduct on numerous occasions. They acted in an unreasonable manner with disregard for Petitioners, the Court and the orderly process of justice,” Joven wrote in the order granting petition for attorney fees and costs. “Further, Respondents failed to explain why the repeated acts of misconduct occurred and went uncured, failed to accept responsibility for the misconduct, failed to express remorse, and failed to identify steps that have been taken to prevent such unacceptable misconduct from occurring in the future.”

Worse, this evidently wasn’t the first time these lawyers had been sanctioned. Only a year before this case was filed, “the Indiana Department of Correction, its counsel from the attorney general’s office and the attorney general’s office itself were sanctioned in another case for making false representations to the federal judge, making false discovery responses and submitting a brief that contained false information.” In other words, despite that previous ruling, lawyers from the AG’s office persisted in conduct that violated their ethical and legal obligations.

Courts have also smacked down Todd Rokita personally. He hasn’t listened either.

Then there’s the case against Jamie Noel, the southern Indiana political heavyweight who who pleaded guilty earlier this month to 27 felonies. Noel’s corruption, and his cozy ties to numerous state Republicans, have been the subject of considerable reporting, but The Capital Chronicle has focused on the effects of that corruption.

When a life is on the line in the back of an ambulance, first responders are supposed to have the best tools available to give every patient a fighting chance, said former paramedic Crystal Blevins. But for many who worked at New Chapel EMS — the southern Indiana emergency service provider previously ran by now-convicted former Clark County Sheriff Jamey Noel — “the equipment and the medicine, a lot of the time, wasn’t there.”

“There was this lie being presented to the public about what New Chapel was giving — they weren’t fulfilling that promise. Jamey ran the service out of greed … telling us there weren’t funds for what we needed, and then we came to find out the money was there all along,” Blevins told the Indiana Capital Chronicle. …

Court documents indicate that Noel stole more than half of the taxpayer dollars provided to New Chapel by Clark and Floyd counties. In his last four years as leader, he pocketed at least half a million dollars in wages and spent $2 million more on vacations, clothing, Rolex watches, child support payments, his daughter’s college tuition and more, according to state auditors.

Noel served as the Clark County sheriff from 2015 until the end of 2022. He was also the Republican Party chair for both Clark County and Indiana’s 9th Congressional District. That made him the gatekeeper for southern Indiana’s Republican political hopefuls for the last decade.

Noel and Rokita are examples of the hubris that enables corruption. When a political party uses its legislative power to gerrymander the electorate and ensure its continuation of political control, that cronyism invites abuse by greedy and self-interested individuals who are confident that they are beyond the reach of angry constituents.

Power corrupts, and absolute power corrupts absolutely. It is definitely time for a change. 

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And Then There’s The Court…

Equal Justice Under Law. That motto is both aspirational and descriptive; in four words, it summarizes the whole point of the rule of law–the founding premise of America’s Constitution and Bill of Rights. Well-paid lobbyists may influence legislation to give Group A an advantage over Group B, elected officials may listen more carefully to people who wrote big checks to their campaigns, but citizens are supposed to be able to appeal for justice to the nation’s courts, and those courts are supposed to  administer equal justice under the law.

Granted, it has never worked that seamlessly. Judges are human, with human biases and foibles. Laws are often opaque. Access to the nation’s courts requires resources–either substantial funds or representation by one of the country’s public interest law firms, like the ACLU or Lambda Legal. But for a long time, America’s courts–especially its federal courts–have been there to redress inequality and corruption and instances of fundamental unfairness.

Now, thanks in large part to Mitch McConnell and Donald Trump, the Supreme Court itself has been corrupted. Any doubts on that score were laid to rest during the Court’s eye-opening and frequently chilling hearing on Trump’s ridiculous “immunity” claims. Those claims had been summarily and properly dismissed by the lower courts, and I fully expected the Supreme Court to follow suit. After all, the Court’s unnecessary delay in addressing the claim had given Trump what most observers knew he really wanted: a delay. The appeal was a transparent effort to postpone Jack Smith’s case until after the election, and most of us who were following the case expected the Court–having given him that delay– would rule on the merits by affirming that no one is above the law.

I will leave further discussion and analysis of that oral argument to the multitude of observers who found it appalling, because I want to address other aspects of the high court’s corruption that are relevant to the widespread loss of respect for that body and to the growing calls to expand its membership.

Over the past few years, Americans have learned about the truly gob-smacking conflicts of interest, money-grubbing and pious dishonesty of Clarence Thomas and Samuel Alito. The head of the Alliance for Justice pulled no punches:

Today, our republic is buckling under the weight of those misdeeds, as Americans no longer trust their Supreme Court to be a citadel of democracy and justice. Quite the opposite — they have come to expect the worst from our pay-for-performance judiciary. Are we really going to stand idly by and do nothing about this corruption?”

A recent article from The Intercept pointed to a lesser-known but no less troubling influence of money on the Court. The article focused on a case challenging two states’ efforts to limit social media moderation of user-posted content (which Texas Attorney General Ken Paxton equated to “censorship) then turned to the broader issue of influence.

After the Supreme Court wraps up arguments for the current term next week, it will turn to finalizing decisions in dozens of pending matters, including these social media cases plus high-stakes cases about abortion, guns, the limits of presidential immunity, and how the federal regulatory apparatus itself functions. In doing so, the justices will have a chance to review hundreds of amicus briefs.

Like the money spent on elections, the money spent on the deluge of amicus briefs each term is incredibly difficult to track. The Supreme Court’s disclosure rule for amicus briefs is quite narrow, requiring only a footnote that indicates whether there were any outside monetary contributions “intended to fund the preparation or submission” of that specific brief.

The article quoted Sarah Lipton-Lubet, president of Take Back the Court,

“It’s no secret that the many of the rich benefactors cozying up to the conservative justices are the same people who fund right-wing organizations with business before the court. But too often, stories about the Supreme Court don’t connect these dots — and as a result, they leave us with an incomplete picture.”

A reform bill authored by Senator Sheldon Whitehouse–described in the Intercept article– would be a good first step, but it is past time to consider enlarging the Court and imposing 18-year term limits on Justices, among other measures that are being considered. (When lifetime tenure was established, people didn’t live as long as they do today. Eighteen years is sufficient to accomplish the goal of lifetime terms, which was to insulate the Justices from political pressure.)

The Court has never been the unblemished guardian of liberty that we like to think, but its current, shameful partisanship and outright corruption are a new low. It’s time for a change.

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Oh Texas….

I know that Florida, under Ron DeSantis, deserves all the shade being thrown at it. But Florida–and that ubiquitous “Florida man”– is facing a strong challenge from Texas.

Most recently, of course, we’ve been treated to the spectacle of Ken Paxton’s willingness to cause the death of a pregnant woman–a mother of two–who obtained a court ruling permitting her to abort her current pregnancy. That decision was based on testimony that her fetus had been found to have a condition that would prevent its survival, and that continuation of the pregnancy would endanger the woman’s life–or at the very least, her ability to have future, healthy pregnancies.

As I noted a couple of days ago, Paxton appealed that court decision and the Texas Supreme court overruled it.

A federal court  has ordered Texas Governor Abbott to remove the lethal barriers he had placed in the Rio Grande, after a lengthy battle during which Abbott defended placement of the impediments, which had caused the deaths of at least two people.

In case there is any confusion, these examples confirm the accuracy of accusations that these Texan staunchly “pro life” Republicans have very selective definitions of “life.”

And then there’s the refusal of the Texas GOP to distance the party from Nazism.

The leadership body for the Republican Party of Texas this week voted down a measure to block members from associating with people and organizations “known to espouse or tolerate antisemitism, pro-Nazi sympathies or Holocaust denial.” This came just weeks after neo-Nazi extremist Nick Fuentes was photographed meeting with a high-profile conservative political operative whose “Defend Texas Liberty” PAC has helped elect Republicans statewide.

The clause, part of a broader resolution in support of Israel, was voted down 32-29 by the Texas GOP’s Executive Committee on Saturday, according to The Texas Tribune. Moreover, “roughly half of the board also tried to prevent a record of their vote from being kept,” in a move that “stunned some members,” the paper reported. Speaking during Saturday’s vote, Texas GOP chair Matt Rinaldi claimed that he didn’t see “any antisemitic, pro-Nazi or Holocaust denial movement on the right that has any significant traction whatsoever.” Rinaldi was also reportedly present in the offices for conservative consulting firm White Horse Strategies, owned by Defend Texas Liberty leader Jonathan Stickland, at the same time as Fuentes last October. He has claimed he was not part of Fuentes’ meeting there, and was unaware of Fuentes’ presence.

If the Texas GOP chair can’t see any “traction” of anti-semitism from the right, I wonder what he can see. From the “very fine people” who chanted “Jews shall not replace us” in Charlottesville to the mounting number of attacks on synagogues and individual Jews, most Americans of good will can see quite a lot of “traction.”

Texas’ current government is dominated by MAGA Republicans determined to keep power by limiting the right of Democratic -leaning constituencies to vote. Scholars at the Brennan Center have described the background of that organization’s current challenge to a measure passed by the Republican-dominated legislature. They allege that Texas has enacted

onerous new rules for voting by mail and curbs voter outreach activities. It also hinders voting assistance for people with language barriers or disabilities and restricts election officials’ and judges’ ability to protect voters from harassment by poll watchers. Like the dozens of restrictive state voting laws that have been enacted nationwide in the last three years, S.B. 1’s proponents claim that it is intended to fight voter fraud. Indeed, its myriad provisions appear to respond directly to baseless claims peddled by Donald Trump and his fellow election deniers about the security of mail-in voting and election administration.

Yet Texas has never found evidence of widespread fraud — and not for lack of trying. Without the pretext of making elections more secure, S.B. 1 is simply an unconstitutional effort to suppress eligible voters in marginalized communities. It seems no coincidence that after people of color surged in turnout in Texas’s 2018 and 2020 elections, the legislature passed a law that restricts methods of voting favored by Black and Latino voters and impairs voter assistance to those with limited English proficiency or limited literacy.

it isn’t only their appalling public behavior. Texas Republicans like Paxton are demonstrably personally corrupt, and that corruption was given a pass by the state’s GOP-dominated legislature. Paxton was acquitted on 16 articles of impeachment, a proceeding triggered by accusations from lawyers on his own staff and buttressed by significant evidence that he had abused the powers of his office to help an Austin real estate investor who was under federal investigation.

The Texas GOP is a cesspool–even more venal and vile than the GOP of DeSantis’ Florida.

I guess everything is bigger in Texas.

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