Archives: June, 2011

Truth Is, All of Higher Ed Is Broken

Over at the New America Foundation’s “Higher Ed Watch” blog, Stephen Burd purports to know “the truth behind Senate Republican’s boycott of the Harkin hearing.” And what is that truth? Republicans are trying to “discredit an investigation that has revealed just how much damage their efforts to deregulate the industry over the past decade have caused both students and taxpayers.”

Really?

Okay, it is possible that Republicans are trying to save themselves some sort of blame or embarrasment – I can’t read their minds – but if so they’ve done a terrible job. Every time Harkin holds one of his hearings the bulk of the media coverage treats it like it has revealed shocking abuse by the entire for-profit sector. And don’t forget the damage done by the now-discredited – at least for those wonks who have followed it – GAO “secret shopper” report that was baised against for-profits enough on its own, but Sen. Harkin abused even beyond what the GAO wrote was reasonable.  So Harkin has defintiely gotten his message across, and he certainly hasn’t hidden past Republican efforts to reduce regulatory burdens on for-profit schools.

The fact remains, however, that the whole Ivory Tower – every floor and staircase – is loaded down with luxurious but crushing waste, and the crumbling foundations are being propped up with huge amounts of taxpayer dough and student debt. Not addessing that, as the boycotting Senators have stated, is what has been blaringly wrong with Harkin’s crusade. (Not that I think either party is likely to do what needs to be done: phasing out federal student aid.)

So absolutely, let’s stop forcing taxpayers to prop up the for-profit part of the tower. But let’s also stop pretending that that part isn’t just one rotten level in a much bigger, buckling edifice.

The Obamacare Lawsuit: From the Courtroom in Atlanta

ATLANTA – In the most important appeal of the Obamacare constitutional saga, today was the best day yet for individual freedom.  The government’s lawyer, Neal Katyal, spent most of the hearing on the ropes, with the judicial panel extremely cautious not to extend federal power beyond its present outer limits of regulating economic activity that has a substantial aggregate effect on interstate commerce.

As the lawyer representing 26 states against the federal government said, “The whole reason we do this is to protect liberty.” With those words, former solicitor general Paul Clement reached the essence of the Obamacare lawsuits. With apologies to Joe Biden, this is a big deal not because we’re dealing with a huge reorganization of the health care industry, but because our most fundamental first principle is at stake: we limit government power so people can live their lives the way they want.

This legal process is not an academic exercise to map the precise contours of the Commerce Clause or Necessary and Proper Clause – or even to vindicate our commitment to federalism or judicial review. No, all of these worthy endeavors are just means to achieve the goal of maximizing human freedom and flourishing. Indeed, that is the very reason the government exists in the first place.

And the 11th Circuit judges saw that. Countless times, Judges Dubina and Marcus demanded that the government articulate constitutional limiting principles to the power it asserted. And countless times they pointed out that never in history has Congress tried to compel people to engage in commerce as a means of regulating commerce. Even Judge Hull, reputed to be the most liberal member of the panel, conducted a withering cross-examination to establish that the individual mandate didn’t help that many people get affordable care, that the majority of people currently without coverage would be exempt from the requirement (presumably due to their income level).

In short, while we should never read too much into an oral argument, I’m more optimistic about this case now than any other.

Update

Welcome, Instapundit readers!

When Cops Go Commando, It’s No Laughing Matter

I received a response to my recent blog post on the Department of Education serving a warrant and dragging Kenneth Wright of Stockton, California from his home at six in the morning (incident added to the Raidmap, and here’s an updated link to the story). Here is the word from Department of Education Press Secretary Justin Hamilton:

“Yesterday, the Depart of Education’s office of inspector general executed a search warrant at Stockton California residence with the presence of local law enforcement authorities.

While it was reported in local media that the search was related to a defaulted student loan, that is incorrect. This is related to a criminal investigation. The Inspector General’s Office does not execute search warrants for late loan payments.

Because this is an ongoing criminal investigation, we can’t comment on the specifics of the case. We can say that the OIG’s office conducts about 30-35 search warrants a year on issues such as bribery, fraud, and embezzlement of federal student aid funds.

All further questions on this issue should be directed to the Department of Education’s Inspector General’s Office.”

This does not change my analysis one bit. The Department of Education doesn’t need a squad of “operators” busting down doors in white collar crime cases.

Search warrants issued pursuant to an investigation of bribery, fraud or embezzlement shouldn’t require door breaching at dawn unless there’s some exigent circumstances justification. Did the agents think that Kenneth Wright was going to resist the warrant service with deadly weapons, or destroy evidence? If so, say so. At least it would provide some evidence of surveillance prior to the raid or actual investigation. Investigation or surveillance might have revealed that the target of the warrant, Wright’s estranged wife, would not be home when agents came knocking.

Some gunbloggers wondered a while back about a federal website soliciting contracts to provide short-barreled shotguns for the Department of Education (H/T Uncle and Tam). Now we know what they’re intended for, and it’s incompatible with a free society.

Senate Report Slams Nation-Building Efforts in Afghanistan

As confirmed by yet another U.S. government report, this one prepared by the Democratic majority staff of the Senate Foreign Relations Committee, America’s nation-building mission in Afghanistan has had little success in creating an economically viable and politically independent Afghan state.

The Washington Post’s Karen DeYoung writes:

The report also warns that the Afghan economy could slide into a depression with the inevitable decline of the foreign military and development spending that now provides 97 percent of the country’s gross domestic product. [Emphasis added]

U.S. leaders could look at that statistic and justify prolonging the mission. In fact, the report suggests, “Afghanistan could suffer a severe economic depression when foreign troops leave in 2014 unless the proper planning begins now.” Ironically, “proper planning” is the problem. The belief that outside planning can promote stability and growth has the potential to leave behind exactly the opposite.

While no one would deny that Afghanistan looks a lot better than it did in 2001, there’s a reason why American leaders might be sorely disappointed with the outcome when the coalition begins handing off responsibility to Afghans. As the bipartisan Commission on Wartime Contracting in Iraq and Afghanistan warned last week in a separate report, “the United States faces new waves of waste in Iraq and Afghanistan.” Without adequate planning to pay for ongoing operations and maintenance, U.S.-funded reconstruction projects in both countries will likely fall into disrepair.

The core problem is that top-down development strategies often deepen, rather than strengthen, a foreign country’s dependence on the international donor community. My colleague, development expert Ian Vasquez, once wrote, “Providing development assistance to such countries may improve the apparent performance of foreign aid, but it may also help to create dependence and delay further reform, problems that have long plagued official development assistance.” [Emphasis added]

Indeed, complaints about America’s presence in Afghanistan typically focus on troop levels; rarely discussed is the way in which foreign-led development schemes can deprive locals of the experience of planning projects, managing funds, and procuring goods: what they call in the industry, “building local capacity.” As my friend Joe Storm and I wrote a while back, “US-government contractors are mired in mismanagement and failure, perpetuating dependence at best. Even the Senate Foreign Relations Committee admits, “Donor practices of hiring Afghans at inflated salaries have drawn otherwise qualified civil servants away from the Afghan Government and created a culture of aid dependency.”

Dependence, of course, is only one of many problems. According to the report:

Foreign aid, when misspent, can fuel corruption, distort labor and goods markets, undermine the host government’s ability to exert control over resources, and contribute to insecurity.

Because development is plagued with inadequate oversight, many development contracts are dispersed independently of the quality of services provided. During a trip to Afghanistan some time ago, I heard story after story about development projects being abandoned before completion, American-built schools without teachers to staff them, and billions of dollars charged to American taxpayers for unfinished work that leave Afghans disillusioned. Naturally, turning our mission in Afghanistan into one of limitless scope and open-ended duration perpetuates this massive fraud and waste.

So, who’s at fault? Ourselves. Recall the December 5, 2001 Bonn Agreement, which proclaimed the international community’s determination to “end the tragic conflict in Afghanistan and promote national reconciliation, lasting peace, stability and respect for human rights in the country.” We’ve set the bar so incredibly high for a country that lacks the fundamental criteria intrinsic to the Westphalia model: (a) a legitimate host nation government (b) that possesses secure and internationally recognized borders, and (c) wields a monopoly on the use of force. None of these criteria exist. So far, we are 0-3: 0 wins, 3 losses.

With this latest report from members of Senate Foreign Relations Committee, we are reminded yet again not only of the importance of scaling down lofty expectations, but also recognizing the unintended consequences produced by the noblest of aims. Sadly, given the corruption and dependency we’ll leave in our wake, without an introspective self-critique of our policies, America could turn Afghanistan into Central Asia’s Haiti.

Department of Education SWAT Raid for Unpaid Student Loans

Department of Education officers employed a SWAT team because of unpaid student loans. I am not making this up:

Kenneth Wright does not have a criminal record and he had no reason to believe a S.W.A.T team would be breaking down his door at 6 a.m. on Tuesday…

As it turned out, the person law enforcement was looking for was not there - Wright’s estranged wife.

“They put me in handcuffs in that hot patrol car for six hours, traumatizing my kids,” Wright said.

Wright said he later went to the mayor and Stockton Police Department, but the City of Stockton had nothing to do with Wright’s search warrant.

The U.S. Department of Education issued the search and called in the S.W.A.T for his wife’s defaulted student loans.

This, along with the Jose Guerena case, demonstrates how the militarization of police terminology and tactics is incompatible with a free society. Police officers aren’t “operators” like Green Berets or Navy SEALs.

This is just one more reason to abolish the Department of Education and oppose police militarization and federal overcriminalization.

Operator Disconnect

My latest op-ed, now available at Politico, highlights the continued militarization of American police forces. I focus on the statements of officers involved in the fatal shooting of Marine combat veteran Jose Guerena.

After the SWAT team entered Guerena’s home, the supervisor left one or two “operators” with the body while the rest searched the house.

What did he mean by operator? Well, a police officer. But the term connotes something entirely different.

“Operator” is a term of art in the special operations community. Green Berets, SEALs and other special operations personnel often refer to themselves as operators. It’s a recognition of both the elite standards of their units and the hybrid nature of their duties — part soldier, part spy, part diplomat. But importing operator terminology into domestic law enforcement is not a benign turn of the phrase.

Perceiving yourself as an operator plasters over the difference between a law enforcement officer serving a warrant and a commando in a war zone. The former Mirandizes, the latter vaporizes, as the saying goes — and as the recent Osama bin Laden raid vividly illustrated.

Language matters, and importing military terminology into peace officer lingo contributes to police militarization. There are plenty of alternative terms for SWAT officers that would carry elite connotations, such as “tactical officer,” as in the National Tactical Officers Association. Unfortunately, the NTOA website could use a good operator scrubbing (start here, here, and here).

Video of the Guerena raid:

The Guerena raid is posted over at the Raidmap, and Radley Balko provided an excellent write-up. Balko’s Overkill is essential reading on this topic.

Are Even Dems Getting Tired of Anti-Profit Crusade?

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Yesterday, Sen. Tom Harkin (D-IA) held his fifth – and perhaps final – Health, Education, Labor, and Pensions committee show-hearing lambasting for-profit colleges. As usual, it was a decidedly one-sided affair, with no profit-defenders apparently invited to testify, and Republican committee members boycotting. Perhaps the only interesting thing that occurred was Sen. Al Franken (D-MN), who has never given any indication he doesn’t support Harkin’s obsessive whale hunt, saying the proceedings could have benefitted from more than one point of view. According to MarketWatch, Franken lamented that “it would have been nice to have someone here to represent the for-profit schools.” Now, he might have only wanted a for-profit rep there to receive the beating, but even that would have been preferable to no rep at all.

Could this indicate that even Senate Democrats are getting tired of Harkin’s tedious grandstanding against for-profit colleges, especially now that the Education Department has issued its “gainful employment” rules? Maybe, and there are lots of Dems in the House who have opposed the attack on for-profit schools for some time. But don’t expect this to be over quite yet: Harkin still gets a lot of negative media coverage for proprietary schools with each hearing, while the scandals surrounding people he’s had testify; the decrepit GAO “secret shopper” report that turned out to be hugely inaccurate; and potentially dirty dealings behind the gainful employment rules seem only to get real ink from Fox News and The Daily Caller. And Harkin keeps indicating that he will introduce legislation – doomed to failure though it may be – to curb for-profits even further.

Of course, what should be the biggest source of outrage in all of this is that while Harkin fixates on for-profit schools, Washington just keeps on enabling all of higher education to luxuriate in ever-pricier, taxpayer-funded opulence. Indeed, as a new Cato report due out next week will show, putatively nonprofit universities are likely making bigger profits on undergraduate students than are for-profit institutions. Of course, they don’t call them “profits” – nonprofits always spend excess funds, thus increasing their “costs” – but that’s probably just plain smart. Be honest about trying to make a buck, and Sen. Harkin has shown just what’s likely to befall you.