Thursday, January 19, 2017

Alabama-Past and Present

All over Alabama the lights are out.
— ames Agee, Let Us Now Praise Famous Men

With all the excitement about events in Washington this week, it’s easy to overlook exciting events in Alabama. Among the most exciting was President Obama’s declaration of two new national monuments, designations that came only three days before the last celebration of Martin Luther King, Jr. Day during President Obama’s presidency. The confluence of those events caused this writer to again reflect on other events of note that have taken place in Alabama during the past year and may occur in 2017.

Two thousand sixteen, it will be recalled, was an exciting year in Alabama politics. Part of the excitement was generated by Roy Moore. Roy had the distinction of being the only man in Alabama history to serve not once, but twice, as the Chief Justice of the Alabama Supreme Court in non-consecutive terms. In 2016 he was suspended from office without pay by the Alabama Court of the Judiciary because of an order he gave lower court judges to ignore federal court orders pertaining to issuing marriage licenses to same-sex couples. That was his second encounter with that Court. In 2003 the 11th Circuit Court of Appeals ordered him to remove a 5,280-pound granite monument to the Ten Commandments that he had had placed in the central rotunda of the state judicial building. He refused to comply and, as a result, the Court of the Judiciary removed him.

Two thousand sixteen was also memorable for Michael Hubbard, the speaker of the Alabama House. It was he who, following the takeover of the Alabama legislature by Republicans in 2010, wrote a book in which he explained that “Ethics was a subject that set Republicans apart from the Democrats.” In 2016 he was convicted of 12 counts of corruption, sentenced to four years in prison, and given $210,000 in fines. That did not, however, derail one of the Alabama House’s significant projects during 2016.

On April 23, 2016 the Alabama House signed a resolution to impeach Governor Robert Bentley for corruption and neglect of duty as a result of certain activities involving a female aide with whom he may have been having an affair. That investigation by the Alabama House continued until an unforeseen event occurred.

In early November, Luther Strange, the attorney general of the state of Alabama, wrote the head of the Alabama House Judiciary Committee, saying it “would be prudent and beneficial to delay the work of the House Judiciary Committee [on impeachment] . . . .I respectfully request that the Committee cease active interviews and investigation until I am able to report to you that the necessary related work of my office has been completed.” In response to that letter the head of the committee said: “We are temporarily suspending activity at the attorney general’s request . . . .”

That brings us to 2017, a year that may prove to be as exciting for Alabama citizens as 2016. Jeff Sessions is one of the two United States Senators from the State of Alabama. Donald Trump has nominated Mr. Sessions to be the new attorney general of the United States. If Mr. Sessions is confirmed by the Senate, he will no longer serve as a United States Senator, thus creating a vacancy in that seat. In Alabama, the vacancy in a Senate seat is filled by the governor calling a special election at the time of his choosing. Prior to the election, however, the governor may make an interim appointment. According to reports, in order to avoid the cost of a special election, Governor Bentley has scheduled the election of a successor to take place at the next general election in 2018. Between now and then, the person the governor appoints on an interim basis will serve as one of the United States Senators from Alabama.

One of the persons who has expressed an interest in being one of the United States Senators from Alabama is none other than Attorney General Luther Strange. That is the same Luther Strange who requested that the Alabama House suspend its inquiry into impeachment proceedings against Governor Bentley until Mr. Strange’s office has completed its investigation of Governor Bentley. Governor Bentley is the same Governor Bentley that Attorney General Strange is investigating. If Mr. Strange were appointed to the U.S. Senate by Governor Bentley, a new attorney general of Alabama would have to be appointed. That appointment would be made by the same Governor Bentley who appointed Mr. Strange to the United States Senate. If this were taking place in any state other than Alabama, one might wonder whether a discussion between Mr. Strange and Mr. Bentley about Mr. Strange’s possible appointment would involve any discussion about how the pending investigation of the governor would be dealt with before Mr. Strange’s appointment took effect. If this were any state other than Alabama one might wonder whether a discussion with a prospective replacement for Mr. Strange as attorney general would involve any discussion between Governor Bentley and a prospective new attorney general as to how the investigation of Governor Bentley would be handled. This is, of course, Alabama. There is no need to wonder.

Thursday, January 12, 2017

Congress and Ethics

When Socrates and his two great disciples composed a system of rational ethics, they were hardly proposing practical legislation for mankind. . . They were merely writing an eloquent epitaph for their country. George Santayana, The Life of Reason

It all happened within hours after the 115th Congress convened in January 2017. There was considerable anticipation that the first thing members of the House would do was introduce legislation to rid themselves and the country of the Affordable Care Act. To everyone’s surprise, however, that was not the first item on the agenda. The first item of business was to draw the public’s attention to the existence of a non-partisan ethics board that many of the 20 million people who had gotten insurance under Obamacare (and millions of others) did not even know existed-the Office of Congressional Ethics (OCE).

OCE is an independent board which is charged with investigating violations of the congressional ethics rules by members of Congress and their aides. If it finds violations, it votes on whether or not to refer the matter to the House Ethics Committee so that that committee can conduct its own review. The OCE has no enforcement powers. Duncan Hunter, a Member of Congress from Alpine, California, affords us an example of how the office works.

In April 2016, OCE was asked to review Mr. Duncan’s use of campaign funds for personal expenses, by the Citizens for Responsibility and Ethics in Washington D.C. OCE referred the results of its investigation to the House Ethics Committee on August 31, 2016 and further action is in the hands of that committee. According to Mr. Duncan’s Chief of Staff, Mr. Duncan has reimbursed his campaign committee for more than $60,000 in expenditures that were made for such things as paying for private school tuitions, video games, travel to Hawaii and, most recently, $600 to fly a pet rabbit that was accompanying the family. The House Ethics Committee has not yet issued its report.

On January 2, 2017, one of the first items of business that was addressed by the House Republican Conference Committee, was voting to effectively kill the OCE by amending the package of rules the party planned to adopt the following day. In explaining the action, Representative Robert Goodlatte (R.Va.), said it would give lawmakers better protection from what some members see as overzealousness by the OCE. The lawmakers were probably also thinking that the OCE was a bit superfluous since only seven members or former members of Congress were convicted of criminal activities during the Obama administration, six during the George W. Bush administration, ten under the Clinton administration, and four under the George H.W. Bush administration. The kinds of offenses of which Members were convicted included, inter alia, such things felony tax evasion, possession of cocaine, wire fraud, extortion, racketeering, destroying evidence, felony theft, and financial corruption. It is entirely possible that if one were to pick a random group of 535 people (the same number as serve in Congress) and study them for an eight-year period, one would find a similar number convicted of criminal activities. Or maybe not.

With what Republicans in Congress see as being so few criminal convictions of members of Congress during preceding years, it is easy to see why they would like to strip the OCE of some of its powers. Nonetheless, before noon on the following day, members of the House responded to cooler heads, and a Trump tweet, and stripped the amendment from the rules that had been approved the night before. That was not, however, quite the end of their efforts to protect House members.

An unnoticed rule change that passed without public comment on the same day that the other amendment was abandoned, provides that: “Records created, generated, or received by the congressional office of a Member … are exclusively the personal property of the individual Member … and such Member … has control over such records.” Thus, if a member is being investigated by the OCE or the Justice Department for activities such as, for example, public corruption or misuse of funds, and the investigating authority needs access to records that are in the sole possession of the person being investigated, the person being investigated can decline to turn them over.

Sheila Kumolo, executive director of the Center for Responsive Politics spoke to the Fiscal Times after the new rule was passed and asked: “Why on earth would Congress now create barriers to investigation and subpoenas of a member’s spending records? This only benefits the incumbent politicians who passed this rule and those who would flout it, not the system and certainly not the public.” The answer is, of course, because they could. That’s one of the perks that come with being in the majority.

(The following is a bit of whimsical trivia that has nothing to do with Congressional rule making:
Actual Donald Trump tweet of January 7, 2016: “Having a good relationship with Russia is a good thing, not a bad thing. Only ‘stupid people’, or fools, would think that it is bad.”

Fake news tweets from Joseph Stalin:

August 23, 1939, after signing the German-Soviet Non-Aggression Pact: “Having a good relationship with Adolph Hitler is a good thing. Only ‘stupid people’, or fools, would think that it is bad.”

Joseph Stalin, June 21, 1941, following invasion of Russia by Germany: “Hitler is bad. So sad.”)

Wednesday, December 21, 2016

The Importance of Being a Trump

First there’s the children’s house of make believe. . . .
—Robert Frost, Directive

The children are having the best time. It’s more fun than playing with electric trains, kite flying or practically anything else you can think of. You can pretend that you are the president of the United States and make all sorts of important decisions. You can also impress your friends by helping them get REALLY good jobs in places like the White House in Washington D.C. What makes it even better is that it’s for real. Of course, only three out of the five children have gotten to play. Barron is only 11 and Tiffany, who is 21, is starting Harvard Law school.

According to the Wall Street Journal, Donald Jr. had an important voice in persuading his father, Donald J. Trump, to nominate Rep. Ryan Zinke to be Secretary of the Interior. Until Junior intervened, Rep. Cathy McMorris Rodgers of Washington State had been the lead candidate. According to the Wall Street Journal, Junior promoted Mr. Zinke because Mr. Zinke shares his “enthusiasm for hunting” which any objective observer would agree, is an important quality in a Secretary of the Interior. Politico reported that Junior sat in on interviews with the various candidates for the Interior position and made calls to the candidates during the selection process.

While Junior was helping dad pick the next Secretary of the Interior, his son, Eric, and daughter, Ivanka, came up with a really clever way of making money for the Eric Trump Foundation. (The Foundation helps fund the St. Jude Children’s Research Hospital of Tennessee.) Eric and Ivanka decided to auction off the opportunity for someone to have coffee with beautiful Ivanka. (It is she, about whom her dad once said, that if she weren’t his daughter he might be dating her.) Of course, having coffee with Ivanka is about more than simply basking in the glow of her good looks, although that would certainly be reward enough. Having coffee with Ivanka would give the winner an opportunity to get insights into what her dad is really thinking about doing when he becomes president. On the web posting promoting the auction, the ad said the estimated value of “Enjoy Coffee with Ivanka Trump in NYC or DC” was $50,000. Before the site was taken down the site reported that the highest bid thus far had been $67,888. That was probably in part because Ozan M. Ozkural, an investment manager from London, bid $50,000. According to the New York Times, he “hoped to gain insight into topics like . . . Trump’s possible future dealings with Turkey and other nations where Mr. Ozkural invests.” It was a brilliant fund raising opportunity until some super sensitive sort suggested that it didn’t look good for the Trump children to be auctioning off access. As of December 16, 2016 the auction was cancelled.

In addition to Mr. Trump’s three oldest children, his son-in-law, Jared Kushner, is also a member of the transition team and, according to a report by BBC news, was able to influence Donald in making important personnel choices. According to the report, Jared had, from time to time, clashed with Corey Lewandowski who had been Mr. Trump’s campaign manager. Mr. Kushner was numbered among those urging Mr. Trump to fire him and Mr. Trump did so in June 2016. He also successfully urged his father-in-law to select Michael Pence to be his running mate as vice-president, instead of New Jersey Governor, Chris Christie, whom Mr. Trump had also been considering. Mr. Kushner’s antipathy towards Mr. Christie was, in part, because Mr. Kushner’s father is a convicted criminal who attained that status thanks to the work of then U.S. Attorney, Chris Christie. Mr. Kushner’s father was convicted on 18 counts of tax evasion, witness tampering, and making illegal campaign contributions.

Mr. Kushner’s work as a member of the transition team has not been limited to helping Mr. Trump make important personnel decisions. He is also privy to Mr. Trump’s thinking on important issues. December 16, 2016, he attended an event in New York City and told attendees at the event that on some issues that would be confronting Mr. Trump when he assumed office, Mr. Trump’s positions would be closer to those of Charles Schumer, the Republican Senator from New York, than to those of Mitch McConnell, the Republican Senator from Tennessee, and the Majority Leader of the Senate. That was important information for attendees to have and, reportedly, surprised Republicans in Congress who had theretofore been unaware of the affinity between Messrs. Trump and Schumer.

Of course, being able to help form a new administration is not the only wonderful thing that has happened to the three Trump children. In return for the advice his children have given and are continuing to give their father, he is giving them complete control over all his assets. To avoid conflicts of interest, he will not tell them what to do when running the business. They will, of course, be able to continue giving him advice since they are not government employees and don’t have to worry about conflicts of interest. The rest of the country should be so lucky.