Tag Archives: law

No More Rule Of Law

Talking Poiints Memo has been considering what the publication calls “Musk’s Little Green Men.”

The little green men are the Musk operatives who have been taking over the top federal administrative agencies–the Office of Personnel Management, the OMB, GAO, the Treasury Department…).  TPM asks “Who are these guys?” and the answer turns out to be far from comforting. These Musk flunkies are young men between 19 and 24 years of age. Several are college dropouts who left to go into tech and are currently interning at Thiel’s or Musk’s companies. At least one is a “Thiel fellow.”

They know a lot about computers–and nothing, obviously, about the Constitution or the rule of law.

These interns have gained access to the private information of millions of government employees. They have connected insecure computers to the secure ones used by the federal agencies, allowing them access that could allow them to cut off payments to government vendors, Social Security recipients, humanitarian NGOs and state governments.

Like Musk, these young “techie nerds” are unelected, unappointed and unauthorized– and happily violating numerous laws.

As Josh Marshall writes,

In other words, hard right, techno-red-pilled bros, who now have access to things like your social security checks (whether you get them or not), your financial and, likely in some cases, medical records and at least the ability to shut down whole sections of the federal government at will by simply turning off their funding spigots. (Not good!) It sounds crazy and absurd to think that individual people could have that kind of power absent anything the law recognizes. But this is what it means when you’re this far up (or down, choose your metaphor) in the brain stem of the national government. This is what it means when you have access to the central Treasury Department payment network. You can simply turn off a spigot of funding. (I’ve now had it described to me precisely how you do it.) If you have that access, whether it’s legal or not isn’t relevant. The best analogy I can provide is that there’s some person at your bank who could just change a setting and suddenly all your checks and payments would be rejected and your funds would be frozen. Now imagine if “you” is NIH or USAID or … well, Social Security.

Musk is claiming that they’ve “found” $4 billion dollars of “waste” a day, and is threatening to turn it off. Of course, what Elon Musk considers “waste” is undoubtedly similar to the version of “free speech” with which he destroyed Twitter’s utility and credibility. 

Whether Musk’s version of “waste” is accurate or not, however, is beside the point. What he and his band of techie hackers are doing is illegal. Monumentally illegal. 

Senator Ron Wyden has challenged the hacking–noting that Musk lacks a security clearance and has multiple conflicts of interest. (The full text of his letter is available here.) 

To put it bluntly, these payment systems simply cannot fail, and any politically-motivated meddling in them risks severe damage to our country and the economy. I am deeply concerned that following the federal grant and loan freeze earlier this week, these officials associated with Musk may have intended to access these payment systems to illegally withhold payments to any number of programs. I can think of no good reason why political operators who have demonstrated a blatant disregard for the law would need access to these sensitive, mission-critical systems … The federal government is in a financially precarious position, currently utilizing accounting maneuvers to continue paying its bills since it reached the debt limit at the beginning of the year. I am concerned that mismanagement of these payment systems could threaten the full faith and credit of the United States.”

The press has previously reported that Musk was denied a high-level clearance to access the government’s most sensitive secrets. I am concerned that Musk’s enormous business operation in China — a country whose intelligence agencies have stolen vast amounts of sensitive data about Americans, including U.S. government employee data by hacking U.S. government systems — endangers U.S. cybersecurity and creates conflicts of interest that make his access to these systems a national security risk.

Americans did (narrowly and with the help of significant voter suppression) elect one megalomaniac, but no one cast a vote for Elon Musk. No voter, no legislative chamber, no public official was empowered to authorize his takeover of vital federal agencies, or the substitution of his opinion about expenditures for that of Congress.

While Trump diverts public attention by undermining what had been the world’s strongest economy, terrorizing immigrants and making the country safe for White Christian Nationalists, Musk is managing the coup.

Neither respects–or obeys–the law.

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Giving Renters Rights

As I’ve mentioned in prior posts, my husband and I are old. Three years ago, we downsized, as old people are wont to do. We put the three-level house up for sale and considered whether to buy a condominium or move into a rental apartment.

We opted for the rental, in large part because of the less-than-happy experiences friends and families have had with HOAs.

Being solidly middle-class, if we become unhappy with the management of our very nice apartment, we can simply move. (I’m happy to report that we remain quite pleased with that management, and the numerous amenities of our downtown apartment community.)

Rather obviously, that ability–sufficient financial wherewithal to rent an upscale apartment–and to move out and find a satisfactory substitute if we want or need to–distinguishes our situation from that of far too many renters in Indiana. Thanks to our always-retrograde Hoosier legislature, Indiana law massively favors landlords over tenants. The Indiana General Assembly consistently refuses to pass even the most reasonable, minimal protections for tenants–last session, a former student of mine who is now a Democratic state senator proposed a bill that offered renters basic remedies in situations where failure to make needed repairs had compromised habitability–the measure would have allowed the tenant to direct rent payments into an escrow account until the premises were once again suitable for human habitation.

Our legislative overlords were appalled by this proposed mistreatment of landlords. The bill failed.

Unless Indiana’s politics change significantly (unlikely, at least in the short run), Indiana renters whose finances leave them to the not-so-tender mercies of rapacious landlords need to pin their hopes on passage of a national “Renters’ Bill of Rights.” 

In the linked article, Fran Quigley begins by explaining the breadth of the problem.

I teach a law school clinic where my students and I represent tenants who face eviction and live in horrible housing conditions. Too often, we see tenants getting railroaded by the fast, cheap, and easy eviction process in US courts. In many states, they can be forced out of their homes for no reason and with just a few days’ notice. We see tenants plunged into homelessness after their price-gouging landlords hike rent by 30 percent and more. We see tenants complaining in vain when their heat and water are not working, when mold builds up, and when rodents scuttle through their bedrooms. Then they are evicted as retaliation for making those complaints.

These struggles are common among the nation’s 114 million renters. Meanwhile, seven million households are behind on their rent and the number of homeless people is reaching record highs.

A new effort called the National Tenants Bill of Rights aims to change all of that, articulating seven basic renters’ rights that ought to be enshrined in policy. Created by the Tenant Union Federation, the National Housing Law Project, and the National Low Income Housing Coalition, the Bill of Rights confronts the enormous power imbalance between renters and their landlords. The purpose of the document is to lay out a single comprehensive policy agenda that lawmakers, advocacy groups, and tenants themselves can endorse and use as a movement resource.

The proposal addresses a relatively new reality: corporate landlords and private equity currently have the national rental market in what the National Housing Law Project describes as “a chokehold.” Among other things, the bill would require just-cause evictions, and enforceable requirements for decent housing conditions for the one-third of US rental units whose owners benefit from federally backed mortgages.

The rental market has changed dramatically from the days when grandma and grandpa owned a double, lived in one side and rented out the other. Today, private equity and corporate landlords dominate the nation’s rental market.

These mega-landlords own the majority of all US rental units, including 80 percent–plus of the properties with twenty-five or more units, all while gobbling up single-family homes too. That market dominance and the use of rent-setting algorithms that are under federal investigation for price-fixing sets the stage for shameless price-gouging. Bob Nicolls, CEO of one of America’s top corporate landlords, Monarch Investment and Management Group, gleefully told investors in the middle of the COVID pandemic that big rent hikes were coming. “We have an unprecedented opportunity . . . to really press rents,” Nicolls said. “Where are people going to go? They can’t go anywhere.”

Nationally, rents have risen nearly 30 percent since early 2020. One in every five renters fell behind on their rent at some point last year. Far too often, paying the rent means skipping prescriptions, utility payments, and meals.

At the very least, the law should require landlords to provide livable units before pocketing those rental payments.

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It’s The Culture, Stupid!

During Bill Clinton’s presidential campaign, the “ragin’ Cajun” hung a huge sign in campaign headquarters proclaiming: It’s the Economy, Stupid!

That approach, focusing upon economic issues, was evidently a winner at the time. Right now, despite considerable economic turmoil and growing economic unfairness (Gilded Age #2, anyone?), that sign should probably read “It’s the Culture, Stupid!”

In fact, when I read reports about the suicidal stupidity of lawmakers at both the federal and state levels, I remind myself that they are fighting a rearguard battle–that changes in the culture have been “baked in” and will sooner or later make them irrelevant.

I don’t mean to minimize the harm these self-identified “Christian soldiers” can do in the meantime, nor am I suggesting that those of us who are appalled by mean-spirited attacks on everything from trans children to accurate history should take a vacation from activism. But I do believe that cultural change will win the day, and that most people who despair–young people, especially– fail to recognize just how rapid and profound such change has been.

Those of us who are older–okay, a lot older–have seen immense shifts in our own lifetimes. When I delivered a “Last Lecture” at my university, back in 2015, I pointed out that I’d lived through the Civil Rights movement, the women’s movement, the sexual revolution, the gay rights movement and truly explosive advances in technology, communication and transportation, all of which caused big shifts in public consciousness. Each shift has been accompanied by multiple less-remarked-upon, minor changes in our everyday lives. (Today you can wear jeans pretty much everywhere, and I haven’t seen a girdle in a very long time…)

What really brought the extent of cultural change home to me was research I’ve been doing for a book I’m co-authoring with Morton Marcus, who sometimes posts (usually sardonic) comments here. Morton and I have been friends for some thirty years, and our joint effort–titled “From Property to Partner”– traces women’s progress along that path. ( The book is in the last phase of copy-editing and will be available for purchase soon, at which time I will shamelessly urge you all to buy it.)

When women emerged from “barefoot and pregnant” status, we changed a number of cultural norms, and the extent of that change has been demonstrated in the reaction to the Supreme Court decision in Dobbs. 

Jennifer Rubin was one of the many pundits pleasantly surprised by the unanticipated reaction to that first-ever withdrawal of a Constitutional right.

Who could have guessed that preserving access to abortion would be such a unifying position?

Given how divided our country is, and how loud voices seeking to criminalize the procedure have become, one might not expect abortion bans to be so unpopular. Yet polling shows that support for abortion care is remarkably consistent.

 A recent report from the Public Religion Research Institute (PRRI) finds, “Just under two-thirds of Americans (64%) say that abortion should be legal in most or almost all cases,” including 68 percent of independents. Only one-third say it should be illegal in most or almost all cases. Even among Republicans, 36 percent favor legal abortion. And the percentage of the party that favors banning all or most abortions has declined from 21 to 14 percent in just over a year.

In fact, majority support for abortion access cuts across gender, racial, ethnic, educational attainment and age lines. That support also spans most religious groups. The PRRI finds, “White evangelical Protestants (27%), Jehovah’s Witnesses (27%), Latter-day Saints (32%), and Hispanic Protestants (44%) are the only major religious groups in which less than half of adherents say that abortion should be legal in most or all cases.”

Unlike the many positions that divide Americans, support for reproductive rights is not limited to residents of Blue states. In  2018–before Dobbs— there were only seven states in which fewer than half of residents wanted abortion to be legal in most or all cases: South Dakota (42%), Utah (42%), Arkansas (43%), Oklahoma (45%), Idaho (49%), Mississippi (49%), and Tennessee (49%).

I don’t have access to surveys posing similar questions back in the 1950s, but I imagine the results would have been very different. (Not that women didn’t abort back then–they just didn’t abort safely. In my high school days, I was aware of at least two deaths of girls from botched terminations–as the saying goes, the law can’t prevent abortions, it can only prevent safe abortions.)

I’m sure the magnitude of the response to Dobbs came as a shock to the inhabitants of what I think of as “holdout communities”–the bubbles populated by men (and some women) determined to cling to the verities of a bygone society. Those folks need to brace themselves, because the culture has turned sour on plenty of their other pet issues.

And ultimately, culture prevails.

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And Now, COVID…

Reactions to yesterday’s announcement that the President and First Lady have both tested positive for COVID-19 have been mixed, to put it mildly. A significant number–noting that the President rarely utters anything related to the truth–suggested it was another attempt at disinformation and/or distraction.

For those who accepted the accuracy of the announcement, most of what I have seen–especially on Facebook–invoked the concept of karma. To say that reactions aren’t overwhelmingly sympathetic might just be the understatement of the century. This is, after all, a President who has shown absolutely no concern for other people, including his own supporters. He has ignored and ridiculed advice offered by medical experts, including those in his own administration, and he has touted unproven and frequently ridiculous “cures” (ingesting bleach, anyone?). All of that is on top of the fact that he is one of the least likable people on the planet.

But quite apart from whatever our personal reactions may be,  the diagnosis raises some thorny legal and political questions, and the answers to those questions are unclear.

With a month to go until the election, Trump will quarantine for two weeks. He probably will not be able to attend the second debate–no loss there, considering the spectacle he made in the first–a consequence that will require the debate commission to decide whether to simply cancel the remaining two, or allow Biden to appear solo (unlikely).

We can already predict that Trump will attribute an election loss to his inability to hold rallies and otherwise campaign for the requisite two weeks.

Those consequences are predictable in the event that he suffers a relatively mild case of the virus. Far less predictable is what happens if this morbidly obese 74-year-old with an unhealthy diet who is known to ingest quantities of “uppers” becomes critically ill or even dies–and if so, when.

Pence has evidently tested negative thus far (“Mother” probably wouldn’t let him get too close to Hope Hicks, who presumably was the source). How sick would Trump have to get before Pence assumed the duties of the Presidency? If Trump were to become critically ill after the election but prior to January 21st, that would be one thing (and arguably not a bad thing–as vacuous and smarmy as Pence is, he’s less flat-out nuts than Trump).

The most chaotic and unpredictable set of events would be triggered by Trump’s death from COVID prior to Election Day. Would Pence automatically become the Republican nominee? Would Republican defectors be more comfortable returning to the fold if that were the case?

In a Presidency characterized by daily distractions, is this the mother of all diversions? Or does the diagnosis bring voters’ attention back to the President’s horrendous incompetence in containing the pandemic, and his obvious lack of concern for the over 200,000 Americans who have already died?

If Trump proves to have only a mild case, does he then use his own good fortune to further minimize the danger and dismiss expert advice?

I am not a praying person, and if I were, I doubt I’d find enough grace in my heart to pray for a psychopath who has done so much harm–a man with absolutely no redeeming human virtues.

I would, however, pray that his spitting and yelling during the “debate” didn’t infect Joe Biden. In fact–just in case I’m wrong and there is a personal God–I may go ahead and offer up that particular prayer. Call it covering my bases.

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