Archives: 01/2007

Identity Crisis Book Forum Thursday at Cato

On Thursday, the Cato Institute is having a book forum on my book Identity Crisis: How Identification is Overused and Misunderstood.

Commenting on my presentation of the book will be James Lewis from the Center for Strategic and International Studies and Jay Stanley from the ACLU.

The REAL ID Act is under siege from state leaders who are bridling at this unfunded surveillance mandate, and legislation was introduced at the end of the 109th Congress to repeal REAL ID. But the immigration debate this year will surely fuel the push for a national ID with the demand for “internal enforcement” of immigration law. Identity Crisis lays the groundwork for all these discussions.

The event is streamed for those not in the area. To register, go here.

Civil Liberty (Paid for by Philip Morris USA Inc.)

In a recent radio interview, Deputy Secretary of Defense for Detainee Affairs Cully Stimson threatened top American law firms that have done pro bono work for Guantanamo detainees.  And, he suggested, Vito Corleone-style, that the corporations that bankroll these firms should think twice, if they know, eh-hem, what’s good for them: 

“I think, quite honestly, when corporate CEOs see that those firms are representing the very terrorists who hit their bottom line back in 2001, those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms, and I think that is going to have major play in the next few weeks. And we want to watch that play out.”

A chorus of criticism has followed, which President Reagan’s Solicitor General, Charles Fried, has now joined in today’s Wall Street Journal (available here).  The money quote:

“It may just be that Mr. Stimson is annoyed that his overstretched staff lawyers are opposed by highly trained and motivated elite lawyers working in fancy offices with art work in the corridors and free lunch laid on in sumptuous cafeterias. But it has ever been so; it is the American way. The right to representation does not usually mean representation by the best, brightest and sleekest. That in this case it does is just an irony – one to savor, not deplore.

It is no surprise that firms like Wilmer Hale (which represents both Big Pharma and Tobacco Free Kids), Covington and Burling (which represents both Big Tobacco and Guantanamo detainees), and the other firms on Mr. Stimson’s hit list, are among the most sought-after by law school graduates, and retain the loyalty and enthusiasm of their partners. They offer their lawyers the profession at its best, and help assure that the rule of law is not just a slogan but a satisfying way of life.”

As a big-firm alumnus, I might quibble a bit with Fried’s claim that big firm practice offers a “satisfying way of life”–but he’s absolutely right that the participation of corporate-funded defense firms on detainees’ behalf is something that’s particularly praiseworthy about the American legal system.
 

End the Opium War

Anne Applebaum calls for ending the Opium War in Afghanistan.

Excerpt:

The director of the Senlis Council, a group that studies the drug problem in Afghanistan, told me he reckons that the best way to “ensure more Western soldiers get killed” is to expand poppy eradication.

Besides, things really could get worse. It isn’t so hard to imagine, two or three years down the line, yet another emergency presidential speech, calling for a “surge” of troops to southern Afghanistan – where impoverished villagers, having turned against the West, are joining the Taliban in droves. Before we get there, maybe it’s worth letting some legal poppies bloom.

For more on this, go here.

Underpaid CEO?

The Wall Street Journal headline blares “Disney CEO Iger’s Bonus, Salary Total $17 Million” (in the print edition). To most of us, that’s an unbelievable amount of money, and no doubt many readers felt their blood pressure–and their populist anger–rising.

What the story didn’t quite say, though, was how much money Bob Iger made for Disney shareholders since he took over in October 2005. It did note that the company’s stock price has risen 43 percent in that time. So in the 15 months that Iger’s been in charge, shareholders have made some $23 billion. They probably figure $17 million is a fair reward to the CEO who played a major role in that gain.

Schwarzenegger’s Shakedown

Much has been written about TerminatorCare, Gov. Arnold Schwarzenegger’s (R) plan to guarantee health coverage to all Californians by employing every lousy idea the Left has ever conjured. 

But much of what has been written about TerminatorCare is wrong. Media accounts and even some policy wonks have reported that Schwarzenegger, through the magic of Medicaid, would have taxpayers in other states pay for only half the cost of his plan. Would that that were so.

Instead, Schwarzenegger actually proposes to use an old Medicaid trick that would put non-Californians on the hook for much more than half the cost. First, he would boost state payments to providers, which triggers federal matching funds. But then he would tax the providers so much that he would recover the state’s initial outlay plus most of the federal matching funds, which he would then use to finance the rest of the plan.  At the end of the day, California would spend zero extra dollars on provider payments, yet the ruse would net an additional $1.3 billion from taxpayers in other states.  

After one cuts through the budget gimmicks, one finds that Californians would contribute only $1.3 billion to the plan, while taxpayers in other states would contribute $4.5 billion — or over three times as much.

I haven’t seen so many people who couldn’t shoot straight since Commando

Ooh, wait, I have another one! The Schwarzenegger health plan brings to mind the tagline from Commando:

Somewhere… somehow… someone’s going to pay!

(Hey, with a dry cool wit like that, I could be an action hero.)

The National ID Debate, Part II

“It is the policy of the United States that the Social Security card shall not be used as a national identification card.”

So reads the last line of the Illegal Immigration Enforcement and Social Security Protection Act of 2007. The bill would put an encrypted machine-readable electronic identification strip on each Social Security card, which would enable employers to access an “Employment Eligibility Database” at the Department of Homeland Security. The database would include the citizenship status of every Social Security card holder.

Employers who hired someone without checking this … national Social Security identification card … against the Department of Homeland Security’s database would be punished. (Must remember: “It is the policy of the United States that the Social Security card shall not be used as a national identification card.”) 

So goes the push for “internal enforcement” of immigration law — sure to be an important topic in the immigration debate this year. 

The national ID law that is now in place, the REAL ID Act, is a reaction to the terror attacks of 9/11, and the assumption that knowing who someone is tells us what that person plans to do. 

But the REAL ID Act is in retreat. With states bridling at the burden they’ve been asked to bear in order to implement the act, legislation to repeal REAL ID was introduced late last year, and it is likely to be re-introduced soon.

The next wave of the ID debate will be about immigration.

On Thursday, January 18th, we’ll be having a lunch-time book forum here at Cato on my book, Identity Crisis: How Identification is Overused and Misunderstood. I will present the book, and I have invited two interesting commentators — skeptics of different parts of my theses — to weigh in. 

Please join us for what I hope will be an interesting discussion of identity issues, and a preview of an important part of the coming immigration debate. 

Register for the book forum here.

Chavez: Do We Need Any More Evidence?

In his three-hour inaugural address — yet another characteristic he shares with his hero, Fidel Castro — Venezuelan strongman Hugo Chavez eliminated any remaining doubt about his plans to rule as a socialist dictator. Yet some journalists still can’t bring themselves to speak truth about power.

Take the Washington Post, for instance. Reporter Juan Forero’s story is headlined “Chavez Would Abolish Presidential Term Limit.” He notes Chavez’s stirring mantra, borrowed from Castro: “Socialism or death!” He reports:

All week in Caracas, Chavez has shaken markets and angered the Bush administration by promising to nationalize utilities, seek broader constitutional powers and increase the state’s control of the economy. He has also frequently referred to the new, more radical phase in what he calls his revolution — drawing comparisons with Castro’s famous declaration on Dec. 2, 1961: “I am a Marxist-Leninist and will be one until the day I die.”

But then in the next paragraph Forero cautions:

If the theatrics are similar, however, the apparent goal is not. Chavez stresses that Venezuela will remain a democracy, and analysts do not believe his government will embark on a wholesale expropriation of companies, as Castro’s government set out to do soon after taking power in 1959.

Remain a democracy, eh? Well, that’s good news.

At the end of his article, Forero does note:

He has installed military officers in all levels of government and packed the Supreme Court, and now says he will end the autonomy of the Central Bank.

Good thing Venezuela is going to remain a democracy, or those actions could be worrisome.

In his 1,000-word story, Forero failed to note a key point that other journalists pointed out: Chavez said he would  ask the National Assembly, all 167 of whose members are his supporters, for special powers allowing him to enact a series of “revolutionary laws” by decree.

What more would it take for a journalist to conclude that Chavez’s “apparent goal” is the same as Castro’s and that, of course, he does not intend for Venezuela to “remain a democracy”?

Even people usually thought of as on the left have viewed Chavez’s consolidation of power with alarm. Human Rights Watch yesterday issued a report saying that Chavez and his supporters “have sought to consolidate power by undermining the independence of the judiciary and the press, institutions that are essential for promoting the protection of human rights.”

In a recent study for the Cato Institute, Gustavo Coronel, former Venezuelan representative to Transparency International, shows that “corruption has exploded to unprecedented levels…and Chávez has created new state-run financial institutions, whose operations are also opaque, that spend funds at the discretion of the executive.”

We know from theory and history that socialism — state ownership of the means of production and the attempt to eliminate for-profit economic activity — leads inevitably to tyranny. We saw it in Russia, China, and Cuba. We know that Cuba is one of the poorest countries in the world after almost 50 years of Castro and that its people daily risk their lives in rickety boats to escape.

Chavez has promised to bring socialism to Venezuela. If he succeeds, we know that the result will be tyranny. But meanwhile, he’s not waiting for the advent of socialism. He has packed Congress and the Supreme Court with his supporters. He has installed his military officers in all levels of government. He is trying to end the autonomy of the Central Bank, nationalize major industries, abolish constitutional limits on presidential tenure, and perhaps most clearly, get his followers in Congress to give him the power to rule by decree.

“Remain a democracy” indeed.