Remember When We Cared About Ethics?

Pro Publica recently revisited an ethics case in Louisiana that has dragged on for nine years.

Now, when I think of states with strongly ethical political cultures, Louisiana doesn’t come to mind, but even in the state that gave us Huey Long and David Duke, the situation on which they reported is notable.

It’s been nine years since the Louisiana Ethics Board first took up what its former chairman called “the most egregious case” to ever come before him.

In 2010, the board accused former state Sen. Robert Marionneaux Jr. of failing to disclose to the board that he was being paid to represent a company in a lawsuit against Louisiana State University. The lack of transparency was only part of the problem. Marionneaux offered to get the Legislature to steer public money toward a settlement, according to charges the Ethics Board later filed against him. The money would also help pay off his contingency fee, which an LSU lawyer pegged at more than $1 million.

Evidently, according to ethics advocates, the snail’s pace and limited scope of the case are due to the weaknesses of Louisiana’s ethics enforcement system.

In 2008, the Legislature delivered ethics reforms that then-Gov. Bobby Jindal billed as a new “gold standard” that any state would covet. But more than a dozen people involved in the system said in interviews that the reforms have done the opposite, chipping away at and dragging out ethics enforcement.

The consensus is that Jindal’s “new and improved” ethics rules created more loopholes than they closed.

Those of us who don’t live in Louisiana shouldn’t get cocky. It would behoove us to look at our own state capitals, and especially at the ethical disaster that is America’s current national administration.

If you Google “Trump Administration Corruption,” you will get 38 million hits. One of the most recent is a Bloomberg Interactive titled “Tracking the Trump Administration Scandals.”(Due to the large number of said scandals, the site allows you to sort by category: administration officials, Trump and his family, the Trump Organization and Trump associates, etc.)

If you are particularly interested in 2018, there’s Washington Monthly’s “A Year in Trump Corruption.” And last October, The New York Times published “Trump’s Corruption: The Definitive List.”

There’s much, much more.

Not unlike the citizens of Louisiana (large numbers of whom, during a gubernatorial election between David Duke and Edwin Edwards, sported bumper stickers saying “Vote for the Crook–It’s important”), we’ve gotten inured to the extent of the venality. To use a political science term, corruption has become normalized.

There will be those among defenders of the petty, self-absorbed criminal in the Oval Office who will insist that “they all did it.” Although there have certainly been unsavory people in high places over the years, that statement is manifestly untrue.

Even if it were accurate, however–even if former Presidents and their cabinets did engage in this degree of unethical or illegal behaviors–they had the good sense (or sense of shame) to hide it. This crew showcases it. Trump likes to insist that he’s “transparent”–when it comes to the transparency of his corruption, and that of his cabinet, that’s true.

There are two explanations for the tendency of Trump & company to flaunt their illegal and unethical behaviors: one, as a group, they aren’t the sharpest knives in the drawer. (Betsy DeVos comes to mind, but she has lots of none-too-bright company); and two, they don’t care. They believe–not without reason–that the public no longer expects government officials to adhere to ethical standards, that those in a position to punish them have been neutered, and that the United States of America–whatever our pretenses of ethical probity and morality–is no different from the corrupt regimes that Trump most admires.

If we do not rise up in 2020 and clean house, the whole country will be Louisiana.

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F**k The Planet

Back in 1992, when I became Executive Director of Indiana’s ACLU, I made it a rule to avoid using the word “outrageous” (a term which had evidently been a favorite of my predecessor), because I believed–and still believe– that when you label every policy or court decision with which you disagree outrageous, pretty soon no one pays any attention to you. You become the crank who cries wolf.

On the other hand, sometimes “outrageous” fits. It was the very first word that came to mind when I read this recent news item from PBS.

GENEVA (AP) — Almost every country in the world has agreed on a legally binding framework for reducing polluting plastic waste, with the United States a notable exception, United Nations environmental officials said Friday.

An agreement on tracking thousands of types of plastic waste emerged at the end of a two-week meeting of U.N.-backed conventions on plastic waste and toxic, hazardous chemicals. Discarded plastic clutters pristine land, floats in huge masses in oceans and entangles wildlife, sometimes with deadly results.

The framework will affect a broad range of products and industries, including health care, technology, aerospace, fashion, and the food and beverage industry. Refusing to get on board won’t allow the few non-signatory countries, like the United States, to escape its impact, because most of them ship plastic waste to countries that have signed on.

Norway led the initiative, which was first unveiled in September. As the report noted, the relatively short period of time from introduction to approval was a blistering pace by traditional U.N. standards–especially for an agreement that is legally binding.

The refusal of the Trump Administration to sign on to yet another global agreement–one that we will necessarily obey anyway–is simply a way of giving the middle finger to science, the United Nations, and our allies. It’s of a piece with Trump’s constant efforts to roll back domestic environmental protections. The President sneers when the threat of climate change is raised, and when it comes to protecting citizens from environmental hazards, his EPA demonstrates weekly that it is firmly in the pocket of chemical and fossil fuel companies.

The Trump Administration’s entire approach to environmental policy deserves to be labeled “outrageous.”

Contrast this fast and loose approach by people who evidently don’t care about the world their grandchildren will inhabit to the campaigns of the Democrats running for President, all of whom give evidence of taking environmental issues seriously.

Look, for example, at Jay Inslee’s campaign.

Gov. Jay Inslee (D-WA), candidate for the Democratic nomination for POTUS is near the back of the pack, polling at 1%. But his new Evergreen Economy Initiative is so very bold, matching the size of the response to the huge size of our climate crisis, that he has now moved into 2nd place in my own 2020 preferences. Warren is still first, but I hope she adopts a climate plan as bold as this. It dwarfs the Green New Deal.  The details are here.

It is not socialist, and does not rely entirely on governmental central planning, but it is a WWII sized effort based on the original New Deal.  It aims to revitalize Labor by repealing all “right to work” laws.It invests $9 Trillion in infrastructure (super high speed rail, better/smarter power grids, zero emission vehicles, green buildings, water conservation, etc.) and green energy production. It aims to get to a zero emission economy by 2030. The plan includes a carbon tax and plans to cap methane emissions and HFCs.

There is a “G.I. Bill” component aimed at coal communities to help them transition to new technologies and not be simply left behind (as they are now with all the coal plant closings).I think there needs to be a similar effort for places Alaska and the Gulf Coast to be quickly weaned off oil & natural gas.

Governor Inslee is highly unlikely to secure the Democratic nomination, but a number of the provisions of his bold initiative are likely to find their way into the platform of whoever does become the nominee.

Sometimes, the consequences of our choices in the voting booth aren’t terribly clear. That won’t be a problem in 2020. No one who cares about the environment, or the future of the planet (or, for that matter, human decency) can justify a vote for Trump or his enablers.

That word I tried so hard to avoid–outrageous– accurately describes both this utterly corrupt administration and the voters who continue to support it.

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Reality Is So Inconvenient

Time Magazine  recently ran a story illustrating the problem with electing stupid, uninformed people.

Numerous media outlets have explained–patiently, and in detail– why Trump’s evident belief that China is paying his tariffs is wrong; they’ve laid out–in painful detail–the way tariffs really work, and why those tariffs are more properly labeled tax increases on the American public.

The Time article addresses a subsequent demonstration of Trump’s utter economic cluelessness.

Tariffs on foreign goods are supposed to help companies that make things in the United States by increasing the costs of products sold by foreign competitors. Indeed, when rationalizing his administration’s increased tariffs on Chinese goods, President Donald Trump on Monday encouraged consumers and businesses to buy goods from countries other than China, or, in what he called the “best idea,” to buy American-made goods.

That would have been good advice, back when American companies were busy manufacturing  horse whips and corsets. These days, however, advice to “buy American” simply displays an embarrassing ignorance about the current realities of  the world of business.

But that advice is almost impossible to follow, as products made in America can contain parts sourced from all over the world. Even the most quintessentially American of goods has parts from somewhere else, whether that be a Ford F-150 pickup, a can of Budweiser, or tire chains from Worcester, Mass. “In the last 20 years, businesses have become much more strategic,” says Kara Reynolds, an economics professor at American University. “More and more often, they are looking at where they can find highest quality and lowest-cost parts so that they can be competitive.” More often than not, that’s China — and that means many U.S. businesses are feeling the pain thanks to Trump’s tariffs.

Trump, as usual, has ignored the warnings of more knowledgable people (a category that includes most sentient humans), and has doubled down on his tariff policy. Farmers have been the most notably hurt, but manufacturers and retailers aren’t far behind. Automobile companies are already feeling the pinch.

The most recent round of tariffs is expected to affect a broad swathe of industries that make products in the United States. “This is playing havoc with the supply chains of Americans producers — increasing their cost and reducing their worldwide competitiveness,” says Robert T. Kudrle, an economics professor at the University of Minnesota. St. Pierre, for example, makes chains and wire rope in its Worcester facility, as it began doing in 1920 when Henry St. Pierre started the company. But as it started facing foreign competition, St. Pierre began buying chain slings and other parts from producers overseas, then cutting them and adding hooks and fittings in the United States.

The cost of those imported chain slings have gone up as tariffs have risen. Even St. Pierre’s horseshoes, which are made completely from U.S. steel, have been affected by the tariffs on foreign goods. As the cost of foreign steel went up, the cost of U.S.-made steel rose too, says Peter St. Pierre, vice president of finance at St. Pierre Manufacturing — and Henry St. Pierre’s grandson. “Everything we do here is steel-related, and over the last year or so, the price of steel has been going up and up,” he said. Increased demand for domestic steel has allowed U.S. producers to raise their prices; one estimatefound that U.S. steel prices have more than doubled since 2015.

Companies affected by the tariffs include a number that make goods in the U.S., thanks to rising duties on imported parts.

A South Carolina plant that assembled televisions using Chinese parts said last yearit was shutting down because of the tariffs. The Beer Institute, which represents 6,000 brewers and 2.2 million American jobs, said thatabout six percent of the cost of beer is the aluminum used in cans, and predicted that higher aluminum tariffs could cost 20,000 American jobs.

Are we tired yet of all that “winning”?

Will his brainwashed base ever decide that it may be time to elect someone with less ego and more functioning brain cells?

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Now He’s Pardoning War Criminals

Every morning, Americans wake up to news of additional Trump efforts to roll back rational regulations, to insult long-time allies, or attack and undermine the rule of law.

And then there’s misuse of the Presidential pardon power.

I’m not talking about his documented efforts to suborn perjury by dangling the promise of a pardon to people like Michael Cohen. I’m not even referring to the shameful pardon of racist lawbreaker Sheriff Joe Arpaio. I’m talking about his recent pardon of a soldier convicted of a war crime, and his publicized intent to pardon others who have committed such crimes.

Senior U.S. officials have reported that Trump has been examining high-profile war crimes cases from Iraq and Afghanistan, and that he has had aides preparing paperwork so that he can issue pardons.

Not only would such pardons encourage horrific behaviors, they would put American soldiers at risk.

The possibility that Trump could issue pardons has brought a flood of opposition from current and former high-ranking officers, who say it would encourage misconduct by showing that violations of laws prohibiting attacks on civilians and prisoners of war will be treated with leniency.

“Absent evidence of innocence or injustice, the wholesale pardon of U.S. service members accused of war crimes signals our troops and allies that we don’t take the law of armed conflict seriously,” retired Army Gen. Martin Dempsey, the former chairman of the Joint Chiefs of Staff, said in a tweet Tuesday. He added: “Bad message. Bad precedent. Abdication of moral responsibility. Risk to us.”

Time Magazine ran a column by retired Admiral James Stavridis in which he reminded readers that service members convicted of these crimes had received more than adequate due process:

The circumstances, motivations, outcomes and punishments all differ. But [the cases] share one crucial element: the military members went through, or still face, the military judicial system, which includes a strong presumption of innocence by fellow military members; a very high bar for conviction; a set of judges, prosecutors and defense teams composed of military personnel, most with real combat experience themselves; and a fully engaged appellate system that likewise was composed of military judges. While there may be a very atypical case wherein a Presidential pardon could right an obvious wrong, such a situation is extremely rare — the punishments meted out take fully into account the circumstances.

These individuals have been convicted by their peers of violating both the laws of war and the code of military conduct.

It appears that President Trump is considering pardoning those men, as well as other military members credibly charged with a variety of crimes, including murdering an enemy captive or killing unarmed civilians. (The President is also reportedly considering pardoning a security contractor twice convicted by a federal court.) All of these actions are gross violations of the laws of war and the U.S. code of military conduct. They are extreme ethical and moral failures.

The Admiral also warned of the consequences of issuing such pardons: it would undermine American military standards, be a gift to enemy propagandists, and further undercut our relations with allies (who have strong systems in place to prevent these kinds of actions).

Worst of all, such an action would encourage our enemies to engage in barbaric behavior.

This kind of pardon disrespects every single one of our soldiers, sailors, airmen and Marines who follow the strict standards of the Code of Conduct. They do not abuse captives who have surrendered, use torture to interrogate, cause needless casualties to civilians through collateral damage or desecrate corpses.

In the New York Times, columnist Jamelle Bouie described the conduct for which these men had been convicted.

Last year, a federal jury in Washington convicted Nicholas Slatten, a former security contractor, of first-degree murder for his role in killing one of 14 Iraqi civilians who died in 2007 in a shooting that also injured more than a dozen others. Matthew Golsteyn, an Army Green Beret, was charged late last year with the murder of an unarmed Afghan man during a 2010 deployment. Edward Gallagher, a Navy SEAL who served in Iraq, was reported to authorities by his own men, who witnessed him “stabbing a defenseless teenage captive to death,” “picking off a school-age girl and an old man from a sniper’s roost” and “indiscriminately spraying neighborhoods with rockets and machine-gun fire.”

Why would any President–even Trump–want to pardon such behavior?

For Trump, this toughness — this willingness to act cruelly and brutally — is a virtue. That’s especially true when the targets are racial others.

We saw this 30 years ago when he called for the return of the death penalty in the wake of accusations against the Central Park Five. We saw it during his presidential campaign, when he called for American soldiers to commit war crimes in the fight against the Islamic State. “The other thing with the terrorists is you have to take out their families, when you get these terrorists, you have to take out their families,” Trump infamously said during a 2015 interview on “Fox & Friends.”

This is the moral code of a caveman. Or a Nazi.

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Trump–Frankenstein’s monster

Regular readers of this blog–for that matter, even occasional readers–could hardly avoid noticing that I’m no fan of Donald Trump. When I read through the comments, it’s pretty obvious that most of my readers are equally repelled.

Sometimes, however, it is hard to put into words the (numerous) reasons so many usually civil and thoughtful people become tongue-tied and sputter when asked to identify the characteristics that most appall them–which is why I’m sharing one of the best descriptions I’ve encountered.  (If I did embroidery, I’d make it into a wall hanging….)

It’s from an Englishman, and the British do have a way with words.

Trump lacks certain qualities which the British traditionally esteem.

For instance, he has no class, no charm, no coolness, no credibility, no compassion, no wit, no warmth, no wisdom, no subtlety, no sensitivity, no self-awareness, no humility, no honour and no grace – all qualities, funnily enough, with which his predecessor Mr. Obama was generously blessed.

So for us, the stark contrast does rather throw Trump’s limitations into embarrassingly sharp relief.

Plus, we like a laugh. And while Trump may be laughable, he has never once said anything wry, witty or even faintly amusing – not once, ever.

I don’t say that rhetorically, I mean it quite literally: not once, not ever. And that fact is particularly disturbing to the British sensibility – for us, to lack humour is almost inhuman.

But with Trump, it’s a fact. He doesn’t even seem to understand what a joke is – his idea of a joke is a crass comment, an illiterate insult, a casual act of cruelty.

Trump is a troll. And like all trolls, he is never funny and he never laughs; he only crows or jeers.

And scarily, he doesn’t just talk in crude, witless insults – he actually thinks in them. His mind is a simple bot-like algorithm of petty prejudices and knee-jerk nastiness.

There is never any under-layer of irony, complexity, nuance or depth. It’s all surface.

Some Americans might see this as refreshingly upfront.

Well, we don’t. We see it as having no inner world, no soul.

The writer goes on to say that Trump is not merely a spoiled child of wealth, but “A Jabba the Hutt of privilege.” There’s an image I won’t soon forget!

And worse, he is that most unforgivable of all things to the British: a bully.

That is, except when he is among bullies; then he suddenly transforms into a snivelling sidekick instead.

There are unspoken rules to this stuff – the Queensberry rules of basic decency – and he breaks them all. He punches downwards – which a gentleman should, would, could never do – and every blow he aims is below the belt. He particularly likes to kick the vulnerable or voiceless – and he kicks them when they are down.

So the fact that a significant minority – perhaps a third – of Americans look at what he does, listen to what he says, and then think ‘Yeah, he seems like my kind of guy’ is a matter of some confusion and no little distress to British people, given that:

Americans are supposed to be nicer than us, and mostly are.
You don’t need a particularly keen eye for detail to spot a few flaws in the man.

This last point is what especially confuses and dismays British people, and many other people too; his faults seem pretty bloody hard to miss.

After all, it’s impossible to read a single tweet, or hear him speak a sentence or two, without staring deep into the abyss. He turns being artless into an art form; he is a Picasso of pettiness; a Shakespeare of shit. His faults are fractal: even his flaws have flaws, and so on ad infinitum.

God knows there have always been stupid people in the world, and plenty of nasty people too. But rarely has stupidity been so nasty, or nastiness so stupid.

He makes Nixon look trustworthy and George W look smart.

In fact, if Frankenstein decided to make a monster assembled entirely from human flaws – he would make a Trump.

I have taken the liberty of quoting most of the post, because it is so perfect–it captures virtually everything I find despicable about Trump and incomprehensible about the people who–despite it all–support him.

Some even, apparently, like him.

That’s the worst part of all of this–the fact that so many Americans can look at the damage being done, not just to this country’s policies, norms and institutions, but to the very ideal of decency, by this fatuous, empty, self-absorbed facsimile of a human, and not recoil in disgust.

I want to ask them: are you raising your children to behave like this?

For that matter, if you were drinking in a bar, and someone at the other end of that bar was bragging ungrammatically and embarrasingly like Trump, wouldn’t you assume there was something really, really wrong with the guy, and edge away?

The last poll I saw gave him a 38% approval rating. It’s shaken my faith in my fellow-humans.

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