Doomed To Repeat It

At The Hill Jonathan Turley puts some historical context behind my observation of the partisan political nature of the complaints about President Trump’s pardon of Roger Stone:

Thomas Jefferson pardoned Erick Bollman for violations of the Alien and Sedition Act in the hope that he would testify against rival Aaron Burr for treason. Andrew Jackson stopped the execution of George Wilson in favor of a prison sentence, despite the long record Wilson had as a train robber, after powerful friends intervened with Jackson. Wilson surprised everyone by opting to be hanged anyway. However, Wilson could not hold a candle to Ignazio Lupo, one of the most lethal mob hitmen who was needed back in New York during a mafia war. With the bootlegging business hanging in the balance, Warren Harding, who along with his attorney general, Harry Daugherty, was repeatedly accused of selling pardons, decided to pardon Lupo on the condition that he be a “law abiding” free citizen.

Franklin Roosevelt also pardoned political allies, including Conrad Mann, who was a close associate of Kansas City political boss Tom Pendergast. Pendergast made a fortune off illegal alcohol, gambling, and graft, and helped send Harry Truman into office. Truman also misused this power, including pardoning the extremely corrupt George Caldwell, who was a state official who skimmed massive amounts of money off government projects, like a building fund for Louisiana State University.

Richard Nixon was both giver and receiver of controversial pardons. He pardoned Jimmy Hoffa after the Teamsters Union leader had pledged to support his reelection bid. Nixon himself was later pardoned by Gerald Ford, an act many of us view as a mistake. To his credit, Ronald Reagan declined to pardon the Iran Contra affair figures, but his vice president, George Bush, did so after becoming president. Despite his own alleged involvement in that scandal, Bush still pardoned those other Iran Contra figures, such as Defense Secretary Caspar Weinberger.

Bill Clinton committed some of the worst abuses of this power, including pardons for his brother Roger Clinton and his friend and business partner Susan McDougal. He also pardoned the fugitive financier Marc Rich, who evaded justice by fleeing abroad. Entirely unrepentant, Rich was a major Democratic donor, and Clinton had wiped away his convictions for fraud, tax evasion, racketeering, and illegal dealings with Iran.

I don’t care much for presidents’ power to pardon or commute sentences. It smacks of royalism to me.

But if you don’t like presidents having the power to grant pardons or commute sentence, the proper course of action is to amend the Constitution to remove that power or, at least, require that these pardons and commutations be ratified by the Senate. Don’t complain about Trump’s pardon of Roger Stone without complaining about Obama’s, Clinton’s, or Roosevelt’s pardons and commutations right along with it. Otherwise it’s just partisan bickering.

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Stone

I haven’t commented on the kerfuffle surrounding Trump advisor Roger Stone because I think it’s almost entirely a matter of party politics.

I don’t think that people should tamper with witnesses or lie to investigators. I think that when people are convicted of crimes they should serve their sentences. I don’t think that presidents should interfere in this process. I don’t deny that they have the legitimate power to do so.

I also think that the law should pertain to everyone equally. When perjuring Directors of Central Intelligence go scot free while lying political advisors are sentenced to terms in jail, there’s something wrong. The issue is not merely one of who commits crimes, convicted, or sentenced but of who is interrogated and the questions they’re being asked. Trying to separate the crimes from the circumstances is impossible.

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Reopening

I’m in material agreement with the editors of the New York Times on this one. Schools need to reopen in the fall:

American children need public schools to reopen in the fall. Reading, writing and arithmetic are not even the half of it. Kids need to learn to compete and to cooperate. They need food and friendships; books and basketball courts; time away from family and a safe place to spend it.

Parents need public schools, too. They need help raising their children, and they need to work.

As I’ve pointed out before the big issue in reopening the schools won’t be children or parents. It will be faculty and staff. In New York State, for example, the median age for a teacher is 42.5 and nearly 30% are 50 or older.

There are major challenges:

The School Superintendents Association estimates that necessary protective measures would cost about $1.8 million for an average district of eight schools and 3,500 students. With more than 13,000 school districts in the United States, the total adds up.

In the United States the primary responsibility for schools belongs to the states. Here in Illinois that’s even in the state constitution. From Article X, Section 1:

A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities.

The State shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the General Assembly provides by law.

The State has the primary responsibility for financing the system of public education.

That hasn’t stopped the State of Illinois from being one of the lowest or the lowest in terms of the state’s contribution to education. In Illinois much of the expense falls on local districts which accounts at least in part for the enormous disparity in spending and outcomes among districts.

The editors’ notion, that the federal government should pick up the tab, is nonsense. It’s clearly a state responsibility.

The states will need to find ways to accommodate the new circumstances including a diversity of solutions and pay for the changes necessary. For some students “virtual education” is a fine solution. For some home schooling is the best alternative. For most there is no alternative to in-person education.

There will need to be a readjusting of priorities and those will be politically difficult. The federal government should emphatically not be in the business of sparing local politicians from making difficult choices.

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What I Don’t Understand

There are so many things I don’t understand I would hardly know where to start but one particular issue I don’t understand is those who think we need more socialism. There are only two known ways of allocating resources: markets or politically. When resources are allocated politically the only people who really benefit are those doing the allocating.

I completely understand dissatisfaction with the results when markets allocate resources. That’s why practically all modern economies are hybrids. For example, I think that imposing regulations and inspections on food and pharmaceuticals is completely reasonable. Those inspections and regulations necessarily engender distortions in the market that require further interventions. The art of government is a constant balancing act, requiring insight, deftness, persistence, and attention to detail, all qualities sadly lacking in our present Congress.

IMO what we actually need is not more allocation of resource politically but a greater willingness on the part of the Congress to offset the adverse consequences of their own interventions. But that’s the matter for a different post.

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What the Future May Bring

This post started off as a reaction to this piece at RealClearPolicy by Randal O’Toole but it has transmogrified into musings on transportation, infrastructure, and politics.

Did you realize that the House had passed an infrastructure spending bill? Me, neither. Or that the bill they had passed leaned so heavily on inter-city rail transport? Although I like and have used inter-city rail transport, I recognize that it is not particularly practical, especially for freight. Buses are more efficient for passenger travel; trucks for freight. Leaning into inter-city rail, particularly for passenger traffic, only makes sense in the Boston to Washington corridor. It is another case of what I have deemed “One Size Fits New York”.

Infrastructure spending bills serve many purposes. They are seen as a way of stimulating the economy, particularly by folk Keynesians of the stamp of those in the Congress on both sides of the aisle. Genuine Keynesian stimulus requires different circumstances than those we face right now. For one thing for there to be a multiplier (the near term benefits exceed the near term costs) we would need to be making more of the things we buy in the United States. For another much of the decline in aggregate demand is due to uncertainty about the future which an infrastructure spending bill of any sort will do little to quell.

Such spending bills are also ways of channeling money to political allies. They are basically a form of corruption. Infrastructure spending bills are also political statements.

As much as anything else infrastructure spending bills are predictions of future value. All told I can hardly think of a worse time for a major infrastructure spending bill than today.

Due to the way construction is done in the 21st century it would create few jobs, little equipment would be purchased, and very few people would actually benefit for reasons I outlined above. If you had asked me a year ago about the future of transport my answer would have been nothing like my answer today.

Do you really think that people are going to want to be crammed into crowded conditions in airports, railway stations, passenger aircraft, or railway cars over the next year or so? In one year? In ten years? I don’t know about you but I am seeing television advertisements for driving vacations. My point is not that personal transport is better than rail or air transport. It is that right now the future is just too uncertain for confident predictions.

Why not concentrate investment in areas we are confident will be useful over the productive life of the structures being built? The power grid, Internet connectivity, improved sewers. Speculation inter-city rail seems remarkably imprudent.

But it’s an election year. The only thing likely to be of any concern is the value of legislation as a political statement.

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Be An Exemplar

In his reminiscence of Carl Reiner in the New York Times Steve Martin explains succinctly not just the influence that Mr. Reiner had on him but something I have preached here for years:

I’ve heard several people say Carl was like a father to them. But, to me, Carl was not fatherly. He was exemplar. Five years and four films later, I was a different person because of a subtle osmosis of traits from Carl to me. Carl’s manner on the set taught me how to behave on the set. His interaction with people gave me a template of how to be better, nicer, how to lead with kindness. His directorial results were the same as the nastier directors I ran into later in my career. He taught me about modesty, too. I called him late one evening to discuss the next day’s shooting. I asked, “Am I interrupting you?” He said, “No, I’m just lying here going through a litany of my failures.”

When I perform comedy, I can still hear echoes of my influences coming through. Jack Benny, certainly, Mike Nichols and Elaine May, Lenny Bruce, Steve Allen, Carl Reiner, too. But it is not Carl’s comedic advice I cherish. Rather, it was how he affected my everyday life, the part that has nothing to do with movies or acting. Sometimes I deal with people in meetings, social dinners and plain-old conversation with a buoyancy foreign to me and realize, “Oh, that’s the way Carl would have done it.”

In your actions model the behavior that you think is right, that you want to see in others. In my behavior I follow the great examples I have had in my life—my mother and father, teachers, and friends. Role models. That, my friends, is immortality.

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On the Job Training

This article by Nicole Wetsman at The Verge recounts how physicians have learned to treat COVID-19 the hard way. All of the methods described in the article have been mentioned here at one time or another but they’re all collected in a single place in the article which is handy.

I’m afraid that providers will continue to learn how to treat patients with COVID-19 for the foreseeable future.

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The Cold Equations

These remarks from Chris von Csefalvay at City Journal should give us pause:

The March 25 order by New York governor Andrew Cuomo and state health chief Howard Zucker mandated that nursing homes and LTCFs accept patients discharged from hospitals, even if they received only emergency care and were still infectious; it is now reported that 6,300 Covid patients were sent to nursing homes throughout the state. The motivation behind the order was understandable: in late March, public concern was high that Covid-19 cases would overwhelm New York’s hospital capacity. Yet, despite an impressive deployment of surge capacity from the federal government (much of which went unused), Cuomo’s order remained in place for almost two months, not being rescinded until May 10.

By then, New York had lost 6 percent of its residents in nursing homes to the virus. Michigan would lose 5 percent, and New Jersey a harrowing 12 percent. Florida, which never implemented such a treat-and-return policy, suffered a mere 1.6 percent mortality among nursing-home residents, while California, which changed course in time, managed to keep nursing-home casualties at 2 percent. While the media were preoccupied with Floridians enjoying walks on the beach, Covid-19 raged unchecked through nursing homes and LTCFs throughout America, with little attention paid to the plight of their residents.

That we don’t really know how to keep SARS-CoV-2 out of nursing homes is fair comment but it’s also not the issue. What New York and, apparently, New Jersey did is introduce SARS-CoV-2 into nursing homes, a major policy fiasco. The states with the largest number of nursing home residents are New York, California, Texas, Pennsylvania, Ohio, Florida, Illinois, and New Jersey in descending order. So far the mortality in Illinois’s nursing homes is below 5%. If California, Texas, and Florida can somehow manage to spare their nursing home residents, I would conjecture that their policies have succeeded. Otherwise…

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We Have Met the Enemy and He Is Us (With Chinese Characteristics)

In a piece at Project Syndicate Minxin Pei articulates a view near and dear to my heart—the Chinese Communist Party faces an existential threat in the form of its own bad policies. Much of it may sound familiar, for example:

The CPC sees the world as, first and foremost, a jungle. Having been shaped by its own bloody and brutal struggle for power against impossible odds between 1921-49, the party is firmly convinced that the world is a Hobbesian place where long-term survival depends solely on raw power. When the balance of power is against it, the CPC must rely on cunning and caution to survive. The late Chinese leader Deng Xiaoping aptly summarized this strategic realism with his foreign-policy dictum: “hide your strength and bide your time.”

which hearkens back to an earlier post here this week.

But consider this:

The CPC’s worldview is also colored by a cynical belief in the power of greed. Even before China became the world’s second-largest economy, the party was convinced that Western governments were mere lackeys of capitalist interests. Although these countries might profess fealty to human rights and democracy, the CPC believed that they could not afford to lose access to the Chinese market – especially if their capitalist rivals stood to profit as a result.

That was the view of the Soviets as well. The prevailing wisdom was that turning American diplomats and intelligence assets was easy—all it took was money and they had considerable success with that tactic. In the short run.

Dr. Pei concludes:

Unfortunately for the CPC, therefore, it now has to contend with a far more determined adversary. Worse still, America’s willingness to absorb enormous short-term economic pain to gain a long-term strategic edge over China indicates that greed has lost its primacy. In particular, the US strategy of “decoupling” – severing the dense web of Sino-American economic ties – has caught China totally by surprise, because no CPC leader ever imagined that the US government would be willing to write off the Chinese market in pursuit of broader geopolitical objectives.

For the first time since the end of the Cultural Revolution, the CPC faces a genuine existential threat, mainly because its mindset has led it to commit a series of calamitous strategic errors. And its latest intervention in Hong Kong suggests that it has no intention of changing course.

In neglecting to mention the standoff between India and China in the Galwan area or China’s aggression against Bhutan, Dr. Pei understates his case if anything. Something will depend on how or whether the Democratic Party manages to unify itself over the next four months. Although the neoliberal foreign policy establishment may favor reinstating Chimerica, the Sanders-Warren wing of the party certainly doesn’t. If Trump is re-elected or the anti-China forces within the Democratic Party gain ascendancy, the situation may become even more dangerous as China’s sphere of influence narrows. Cornered rats, etc.

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Islamist Turkey Is Not Kemalist Turkey

An article at Al Monitor by Nilsu Goren and Dalia Dassa Kaye, blandly described as “Middle East experts”, on how the United States can reach a modus vivendi with Erdogan’s Turkey reminds me of nothing so much as the old wisecrack about two wolves and a sheep arguing about what’s for dinner. I wish I knew more about their backgrounds and preconceptions. Just remember that everybody, repeat everybody has an axe to grind. Here’s a sample:

Turkey’s entanglement in regional conflicts, as well as Erdogan’s shift to a revisionist regional policy through military interventions in Syria and Libya, could make it difficult to frame the agenda with Turkey around ending regional wars. Turkey may find its own constraints with continuing its military operations and eventually focus attention back home, particularly given increasing economic challenges in the midst of the global economic downturn and the pandemic. Regardless, we do not foresee openings for significant improvement in bilateral relations between Turkey and the United States as long as the current political dynamics and deep disagreements leading to strong anti-American sentiments are in place.

Consequently, we might suggest an alternative approach focused on a regional rather than a bilateral agenda — specifically, a possible road map for US-Turkish cooperation focused on a regional security and weapons of mass destruction (WMD) nonproliferation agenda. This could be a critical issue for regional stability and an area with multiple looming crisis points in the months and years ahead. In principle, it may also be an area where there is common interest in preventing the further spread of chemical, biological and nuclear weapons in the Middle East. Indeed, despite continued Turkish-Iranian economic ties and Turkey’s political engagement with Iran through forums like the Astana process, Turkey continues to be wary of Iranian intentions and supports the Iran nuclear deal. Turkey opposes the capability of Iran to acquire nuclear weapons because of the threat this would pose to regional stability. Similarly, Turkey adamantly opposes the chemical attacks by Syria’s Bashar al-Assad regime. This could provide a foundation for a cooperative regional agenda with the United States, working with international forums, despite the general friction in the bilateral relationship.

I think they’re taking a far too nostalgic view of Turkey. What, for example, makes them think that today’s Turkey is interested in “regional stability”? Quite to the contrary I think that Erdogan’s Turkey is not only Islamist but irredentist. I believe they’re thinking of Kemalist Turkey.

As dangerous as the areas adjacent to China in all directions are because of China’s obvious irredentist policies, so the Middle East is probably in its most volatile condition in a century. There are four different powers vying for influence, at least three of them irredentist and a different three with ambitions that extend far beyond the Middle East, namely the leadership of the Islamic world. They cannot all succeed.

I think we have very little in the way of interests in common with Erdogan’s Turkey, the Saudi Arabia of MBS, or Iran under the mullahs. Formulating a workable Middle East policy is daunting at the best of times and, well, these aren’t the best of times. I think we should start considering our interests in the Middle East much more narrowly and pragmatically than we have for the last half century. That will mean a lot less intervention there which is something I would think that most Americans and probably most people in the Middle East would support.

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