Wednesday, March 12, 2008

More corruption in Bush's "Justice" Department.

Lost in the news about N.Y. Governor Spitzer's prostitution scandal was the Congressional hearing about how the Bush Justice Department lets corporations avoid criminal convictions for corruption or for violations of safety, financial or environmental regulations. In short, big companies that already have a very cozy relationship with the Republican Party can buy their way out by paying friends of the administration to monitor their future conduct. The arrangements have been made by U.S. Attorneys using no guidelines and under no bid contracts. Doesn't this sound like something you'd hear about in Russia or some corrupt developing nation?

One of the largest recipients of one of these deals was none other than former Attorney General John Ashcroft. He is being paid between 28 and 52 million dollars to monitor a medical supply company accused of engaging in kickbacks to increase its sales. You may remember Ashcroft as the chief supporter of the Patriot Act, which contained an unnoticed clause that was at the heart of the U.S. Attorney firings scandal. The government official who set up the no bid monitoring contract for Ashcroft? His former subordinate, Christopher J. Christie, the U.S. Attorney for New Jersey and a top fund raiser for George Bush in 2000. Christie is now being criticized for awarding a number of these monitoring deals to his friends and political allies.

There were three dozen of these deals done nationally last year. The day before Ashcroft's Congressional testimony, the Justice Department finally announced that it would that require these contracts (euphemistically called "nonprosecution") be approved by the Deputy Attorney General in the future. Now we can all sleep better.

Saturday, December 29, 2007

Regulatory corruption and 9/11

There has been much written about how our civil liberties have been irrationally eroded after 9/11, and how burdensome air travel has become. What seems to have been forgotten is that a significant factor in 9/11 was our corrupt regulatory system. The FAA had become another federal agency largely unable to regulate because of industry lobbying. The airlines resisted pre-9/11 FAA proposals to strengthen cockpit doors, for example. Failing to require those doors be strengthened was one of nine fatal mistakes made by the government that could have prevented the tragedy, according to the 9/11 Commission.

The industry also was not following passenger screening rules, and the FAA was not holding airlines accountable for this. Some of the hijackers paid for tickets in cash at the airport just before their flights, which should have triggered additional screening. What's more, the hijackers did this several times before 9/11 as a test, and none were subjected to additional checks. If regulations had been followed, the hijackers might have been caught, since some were already on watch lists and the FBI was trying to find them.

Our safety has gotten worse, not better, since 9/11, because in the name of security, we vote for politicians who simultaneously promise more security and preach that we'd all be better off if government just left business alone. In contrast to the some of the overreaction in airline security, regulation abdication by government has made us less safe in so many other ways. For example, although we may be less likely to die in a hijacked airplane, our kids and our pets are more likely to die from tainted food or dangerous toys.

Monday, December 17, 2007

Ron Paul & George Bush: separated at birth?

Ron Paul just set a record for the most money raised on the Internet in a single day. What’s going on here? His Presidential bid has been compared to that of Howard Dean’s in 2004, but other than the outsider label, nothing about them is the same. To find the answer, I suggest you read the Newsweek Magazine story on the politics of fear, which reviews how politicians use fear to get elected.

Then compare the platforms of George Bush in 2000 with Ron Paul in 2008. As loyal Republicans, Bush and Paul both have opposed abortion, gay rights, gun control, taxes and nation building. The first three of these issues are about fear. Abortion opponents boast of their moral outrage at killing, but most of them support the death penalty and don’t bat an eye if a lot of innocent people in other nations are killed in order to eliminate a few terrorists. They also don't tend to support policies that would lower the inexcusable U.S. infant mortality rate below its present level, which is higher than virtually all of Europe. (We nose out Croatia.) If they even give lip service to the need for universal health care, they don't tend to support remedies with any teeth.

Opposition to abortion is mostly driven by fear that making abortion easily available leads to sexual promiscuity and women not assuming their proper role in society, thus destroying the social fabric. An excellent book on this subject published by Cornell University Press analyzed the history of laws in all fifty states affecting women's rights and freedoms and those affecting the protection of life. It concluded that the states with the strictest abortion laws also offer the poorest protection of women's rights and worst protection of life in all areas other than abortion, and that restricting women's rights was a much stronger motivator of anti-abortion laws than fetal protection. (The Journal of Christian Ethics described the book as a balanced prescription for a "seamless garment of love for unborn children.")

Homophobes fear that greater rights for gays would unleash the demon of sexual promiscuity. Fear of crime drives opposition to gun control. Support for strict adherence to the constitution and states rights is intended to counter court decisions supporting gun control, gays, women seeking abortions and host of other fear driven issues. Abandoning federal standards would allow states to revert back to their nineteen century policies, including on criminal justice and discrimination, which were the reason Congress and the courts intervened in the first place. In this context, the states rights movement is akin to the U.S. rendition program sending terror suspects to third world nations to be tortured, enabling the U.S. government to absolve itself of responsibility for the resulting horror.

Those who are adamant about lower taxes are mostly people who would much rather make decisions about charity themselves and who don’t want to give their hard earned money away to people they think are a bunch of lazy lowlifes. This includes lowlifes in poor countries, hence the opposition to nation building. (The story of how the opposition to nation building got perverted by fear of terrorists and an opportunity for some loyal Republican to get rich on the war has been recounted at length elsewhere.) The ridiculous rationalization that lower taxes stimulate today's economy ignores the fact that deficit spending irresponsibly shifts the burden to pay for today's government services on future generations. Not exactly family values.

I don’t see a lot of daylight between what Ron Paul is preaching and what George Bush preached in 2000. On global warming, the only other issue that’s big right now, Paul and Bush both agree that government should not do much.

Paul’s talk about abolishing the Federal Reserve, the IRS, and Social Security gives him that radical edge, but the demise of these institutions is a political impossibility and he knows it. So why is Ron Paul a phenom? Some of the right wingers disenchanted with the Republican Party establishment suddenly have found a home. Perhaps he’ll launch a third-party bid and do to the Republicans what Ralph Nader did to the Democrats in 2000 – siphon off votes. Yea!

Saturday, August 25, 2007

The pollution problem.

Is the quote below The Economist Magazine talking about the Republican Party in the United States, or The New York Times talking about the Communist Party in China? Click here to find out.
Reining in economic growth to alleviate pollution may seem logical, but the country’s political system is addicted to fast growth. Delivering prosperity placates the public, provides spoils for well-connected officials and forestalls demands for political change. A major slowdown could incite social unrest, alienate business interests and threaten the party’s rule.

Thursday, May 31, 2007

Should the traveling TB lawyer be disbarred?

It is hard to understand how a person, required by the laws governing his chosen profession to act ethically, could be as irresponsible as Andrew Speaker. This Georgia lawyer was told not to fly because he might infect others with tuberculosis (TB), a contagious and life threatening disease. His father-in-law is a tuberculosis researcher, and Speaker should have fully understood the risks he was imposing on the thousands of people he would come in contact with on his planned trip to Europe. According to the World Health Organization, each person with TB infects 10 to 15 other people on average.

Yet, Speaker got on a plane and flew to Paris. He later flew on five flights to cities in Europe, getting married in Greece. In Rome he was tracked down, and told further testing showed he had an extremely drug resistant form of TB and to await further instructions for treatment. Instead, he flew to Prague, booked a flight to Canada and drove across the U.S. border to avoid detection.

Now, he is under quarantine in a Denver hospital with "a form of TB that kills a high percentage of those infected around the world." Hundreds of his fellow airline passengers may have to be tested for TB. He faces years of treatment that "will involve risks of side effects that could damage his kidneys and liver" and may have to undergo major surgery to remove part of his lung. Anyone he infected on his honeymoon travels may face the same fate. He was reported to be "concerned about the publicity his case was receiving."

Lawyers have a public image of being greedy, selfish and unscrupulous, and the profession's reputation was dealt another blow by Speaker's reprehensible behavior. The laws of Georgia call for an attorney's disbarment for conviction of "a misdemeanor involving moral turpitude." Should Speaker be prosecuted if he violated any laws in his evasion of public health authorities? Should he be disbarred if convicted? Do the answers to these questions change if he infected anyone with TB during his trip?

The phone number for the United States Attorney's Office in Atlanta is:
404-581-6000 Fax: 404-581-6181

The State Bar phone number for reporting attorney misconduct in Georgia is:
800-334-6865 ext. 720 or 404-527-8720

If you want to contact Speaker directly, his contact information published by the State Bar Georgia is:
Mr. Andrew Harley Speaker
Speaker Law Firm
4651 Roswell Road, Suite D-302
Atlanta, GA 30342
Phone: 404-531-9868
Fax: 404-531-4835
Email: aspeaker@speakerlawfirm.com
Admit Date: 10/27/2004
Law School: University of Georgia

Sunday, May 13, 2007

Slum lords and pimps.

The three elected Republican administrations of my politically conscious lifetime - Nixon, Reagan/Bush and Bush II stand out for their corruption. Nixon was impeached and forced to resign for masterminding the commission of crimes while spying on his political opponents, for obstruction of justice in trying to cover them up, and for lying about that. Reagan appointed scores of crooks to cabinet and administrative positions, who set about using their power to line the pockets of friends and party loyalists or to look the other way while others did so. The Reagan administration set a still unbroken record for the number of its officials indicted or officially investigated for criminal acts – 138. The Savings and Loan scandal alone cost taxpayers $150,000,000,000.

George W. Bush started a war on false pretenses, and then set about awarding billions in no bid contracts to his friends. Now it appears that many of the Iraq infrastructure projects built by U.S. firms are crumbling and stand mostly as monuments to billions of wasted U.S. tax dollars. Iraq’s infrastructure resembles a scene from the recent dystopian satiric film Idiocracy.

The recent resignation of the head of the U.S. Fish and Wildlife Service is a typical example of the rampant corruption in George W. Bush’s administration here at home. She violated federal rules by giving internal agency documents to industry lobbyists that in some cases were used in lawsuits against the agency challenging its conservation policies. She changed the reports of agency scientists to make their findings more favorable to private and corporate interests, and in one case, her own ranch.

The conduct of the Deputy Secretary of State, director of U.S. Foreign Assistance and administrator of the U.S. Agency for International Development illustrates the administration's hypocrisy. He pushed for funding to promote abstinence at the expense of funding for condom use in AIDS prevention, but resigned last month after it was alleged that he frequented prostitutes. He also was in charge of enforcing a U.S. requirement that aid recipients swear they oppose prostitution and sex trafficking.

It is also worth mentioning that Paul Wolfowitz, an architect of the Iraq war, and subsequently appointed as head of the World Bank by Bush II, insisted that the greatest problem facing the World Bank is corruption. He now will likely have to resign because of his own corruption at the bank: using his office to obtain a promotion and a hefty raise for his girlfriend.

Perhaps the best illustration of the pervasive corruption under Bush II is the fact that for the first time in history, four Inspectors General simultaneously are under investigation for corruption. These "watchdogs" are appointed by a President to ferret out waste, fraud and abuse. This follows the resignation of three other Inspectors General appointed by Bush II after they were accused of abusing their offices.

Under Bush II, good government always takes a back seat to advancing the power of the G.O.P. Part of this strategy is a widespread effort to "purify" government agencies so that staff, even those in career civil service jobs, are party loyalists. This brings two analogies to mind. The first is the McCarthy era of the 1950's, when Senators McCarthy and Nixon went on a witch hunt for suspected Communists in government. (Watch Good Night, and Good Luck if you want to learn about it.) The second was the practice, during the Communist heydays in the Soviet Union and China, of appointing political officers in every government office and military unit, even in those with as few as a dozen people. The political officer often had more authority than the director or commander, and was responsible for ensuring that policies were in line with party doctrine and that persons suspected of being anything but absolutely loyal were fired or imprisoned. (See The Hunt for Red October for an example.)

As Frank Rich says in his May 13 opinion piece in The N.Y. Times, the focus on party loyalty is the result of Bush II giving his politic strategist Karl Rove free "reign" to remake government. According to Ron Suskind, White House staff have a name to describe their mission: "strategery." This was taken from a Saturday Night Live skit about George Bush in the 2000 election, and reflects the belief that public policy is a farce and politics is all that matters. In Suskind’s January 2003 article, he quotes John DiIulio, an academic who ran the White House Office of Faith-Based and Community Initiatives for Bush II. "There is no precedent in any modern White House for what is going on in this one: a complete lack of a policy apparatus. What you’ve got is everything – and I mean everything – being run by the political arm. It’s the reign of the Mayberry Machiavellis." DiIulio added that under Bush II, "policy analysis is just backfill to support a political maneuver."

DiIulio's observation has been borne out in the Iraq "reconstruction" effort. In part to bolster the party’s unholy alliance with the religious right, many of the Americans hired by both government and private contractors to rebuild Iraq were hired primarily for being G.O.P. loyalists and staunch religious conservatives, and often were otherwise unqualified for their positions. Most knew nothing about Middle Eastern culture and had never traveled outside the U.S.

The most recent exposure of Bush/Rove strategery, and how it has been implemented by political officers, comes from the story of Monica Goodling, who took the fifth amendment rather than testify before Congress about her role in the firing of eight U.S. Attorneys. (See my previous post.) A 1999 graduate of a law school founded by televangelist Pat Robertson, she began as an opposition researcher (dirt finder) for the Republican National Committee in the 2000 presidential campaign. Meteorically, she rose to become deputy director of the executive office of the Justice Department, and then became liaison to the White House. She stands accused of using political criteria when interviewing applicants for civil service jobs and for the department's honors program for recent law school graduates. Posing as the anti-Clinton, she even asked some applicants if they had cheated on their spouses. At the age of 32, she received hiring and firing authority for all political appointments in Justice headquarters, including the heads of the various enforcement divisions. (Readers will be relieved to know that she is currently under investigation by the Justice Department’s Inspector General, a political appointee.)

Republican control of Congress over the past twelve years brought a level of corruption unprecedented in past seventy-five years. Ethics and their enforcement were put on hold by Gingrich, Army, DeLay and their cronies. You have to go back to the time of Warren G. Harding to find anything comparable.

Why this pattern? It’s really quite simple. When a basic tenant of your political philosophy is that government is evil and wasteful, it becomes easy to view government as nothing more than a means to power and an exploitable asset. (See Paul Krugman’s March 19 opinion piece in The N.Y. Times.) As Reagan defined it in his inaugural speech, "Government is not the solution to our problem. Government is the problem." The leaders of the Republican party have treated our government as a slum lord treats an apartment building, as a pimp treats a whore, or as a corporate raider treats an acquired subsidiary. The G.O.P. has no respect for government, except as a tool in the party’s crusades for permanent power and as a means to increase the personal wealth of its elites. This has been consistent across four decades of G.O.P. Presidencies.

Postscript: Those who argue that the Clinton administration was similarly corrupt have been getting their news from right wing talk radio. Republican Ken Starr, the special prosecutor who spent most of Clinton’s time as President investigating him, spent more than 50,000,000 tax dollars to prove nothing more damaging to the administration than that Clinton cheated on his wife and lied about it. Clinton did let some big political donors spend the night in the Lincoln bedroom, which was not illegal. Republicans castigated him for this, but in the hypocrisy that comes so easily to them, recently rewarded their big donors with seats at the official state dinner for the Queen of England.

Update: The book, The Wrecking Crew: How Conservatives Rule, describes how conservatives have set about destroying government from within for the reasons described above.

Thursday, April 12, 2007

Kurt Vonnegut

I have been in an other-worldly state since hearing the news of his passing. Someone at work described me has having an unusual aura of calm on an otherwise hectic day. I guess that is my way of mourning this great man, who so affected my life. I'm not quite sure how the world will get by without him.

A Dutch friend lent me his copy of The Sirens of Titan to help me cope with my disorientation in trying to fit in at an IBM sales school in 1976.
Seeing the film adaptation of Slaughterhouse Five forever changed the way I look at films, and eventually led me to teaching how films portray law and society.
I had the unbelievable privilege to play Elliot Rosewater in a community theater production of God Bless You Mr. Rosewater in 1988. During the run, my sister met Kurt Vonnegut and he autographed a copy of the program for the show.
I love Galapagos because of Vonnegut’s cautionary interpretation of the work of my other patron saint, Charles Darwin, with whose father I share my name.
Finally, Vonnegut rightly complained that the greatest malady affecting U.S. society was the loss of the extended family. I see his concern everyday in my job as a lawyer representing children in foster care.
He will be missed...

PS. It is of no small consequence that on the day after the world learned of Vonnegut's passing, a shift in world politics was noted. An unnamed senior foreign official attending a meeting of the World Bank observed, “There is a sense that we’re finally at a moment when Bush needs the world more than the world needs Bush.” It would appear that Vonnegut's departure was the catalyst for a sort of a reverse ice-nine effect. The shock woke people up!