Tag: law

Obama’s Transparency Average Drops

On the campaign trail, President Obama promised to post bills online for five days before signing them.

Last week, President Obama signed three new bills into law. None of them received the promised “Sunlight Before Signing” treatment - at least, not as far as our research reveals. (The White House has yet to establish a uniform place on its Web site where the public can look for bills that the President has received from Congress.)

The new bills put today’s podcast on Obama’s five-day pledge slightly out of date. He is not batting .091 on his transparency pledge. He’s batting .071. The substance of the podcast remains true, however: This is still a worse record than the Nationals.

President Obama waited more than five days to sign two of the three bills he passed into law last week. The simple matter of posting them on Whitehouse.gov would have fulfilled the promise as to those bills - and would have brought his average up to .214.

The current list of new laws, with presentment date and signing date, is after the break.

Public Law Date Presented Date Signed Posted (Linked) for Comment? Five Days?
P.L. 111-2, The Lilly Ledbetter Fair Pay Act of 2009 1/28/2009 1/29/2009 1/29/2009 No
P.L. 111-3, The Children’s Health Insurance Program Reauthorization Act of 2009 2/4/2009 2/4/2009 2/1/2009 No
P.L. 111-4, The DTV Delay Act 2/9/2009 2/11/2009 2/5/2009 Yes and No
P.L. 111-5, The American Recovery and Reinvestment Act of 2009 2/16/2009 2/17/2009 2/13/2009 No
P.L. 111-6, Making further continuing appropriations for fiscal year 2009, and for other purposes 3/6/2009 3/6/2009 No n/a
P.L. 111-7, A bill to designate the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the “Colonel John H. Wilson, Jr. Post Office Building” 2/26/09 3/9/2009 No n/a
P.L. 111-8, The Omnibus Appropriations Act, 2009 3/11/2009 3/11/2009 3/6/2009 No
P.L. 111-9, To extend certain immigration programs 3/18/2009 3/20/2009 No n/a
P.L. 111-10, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes 3/19/2009 3/20/2009 No n/a
P.L. 111-11, The Omnibus Public Land Management Act of 2009 3/30/2009 3/30/2009 3/30/2009 No
P.L. 111-12, The Federal Aviation Administration Extension Act of 2009 3/24/2009 3/30/2009 No n/a
P.L. 111-13, The Generations Invigorating Volunteerism and Education Act 4/20/2009 4/21/2009 No n/a
P.L. 111-14, To designate the United States courthouse under construction at 327 South Church Street, Rockford, Illinois, as the “Stanley J. Roszkowski United States Courthouse” 4/14/2009 4/23/2009 No n/a
P.L. 111-15, The Special Inspector General for the Troubled Asset Relief Program Act of 2009 4/14/2009 4/24/2009 No n/a

Transparency for Thee but Not for Me

It appears that the Obama administration is high on transparency for everyone but its own allies.  There are a lot of good reasons to reduce federal regulation, but if the Labor Department is going to push coercive unionism, it should require unions to disclose their activities and finances to their members.

Not in today’s world, however.  The Obama administration is moving backwards.  Reports the Washington Times:

The Obama administration, which has boasted about its efforts to make government more transparent, is rolling back rules requiring labor unions and their leaders to report information about their finances and compensation.

The Labor Department noted in a recent disclosure that “it would not be a good use of resources” to bring enforcement actions against union officials who do not comply with conflict of interest reporting rules passed in 2007. Instead, union officials will now be allowed to file older, less detailed conflict reports.

The regulation, known as the LM-30 rule, was at the heart of a lawsuit that the AFL-CIO filed against the department last year. One of the union attorneys in the case, Deborah Greenfield, is now a high-ranking deputy at Labor, who also worked on the Obama transition team on labor issues.

The only people served by this move are union officials who want less oversight over their use of dues payments, much collected from unwilling workers.  The new policy certainly runs counter to the president’s promise to set a new tone in Washington.

(Hat tip to Philip Klein.)

Regrets over Bush Administration Torture?

Chris Preble has nicely detailed the reasons we should not torture.  The practice offers no guarantee of good information, harms America’s international reputation, and sacrifices the values that set this nation apart.

Now comes a report that Judge Jay S. Bybee, the head of the Bush adminsitration Office of Legal Counsel who signed off on the infamous torture memos, regrets his role in the matter.  According to the Washington Post:

“I’ve heard him express regret at the contents of the memo,” said a fellow legal scholar and longtime friend, who spoke on the condition of anonymity while offering remarks that might appear as “piling on.” “I’ve heard him express regret that the memo was misused. I’ve heard him express regret at the lack of context — of the enormous pressure and the enormous time pressure that he was under. And anyone would have regrets simply because of the notoriety.”

That notoriety worsened this week as the documents — detailing the acceptable application of waterboarding, “walling,” sleep deprivation and other procedures the Bush administration called “enhanced interrogation methods” — prompted calls from human rights advocates and other critics for criminal investigations of the government lawyers who generated them.

This regret could reflect convenient timing — after all, the torture stories have not exactly enhanced Bybee’s reputation.  But it might also demonstrate a sobering realization as to how his opinions were used or misused.  As a believer in human redemption, I’m going to play the optimist and go with the latter for now.

Limiting the TSA’s Use of “Strip Search Machines”

I wrote here in February about the push and pull over “strip search machines,” also known as “whole-body imaging” and “millimeter wave scanning.”

The question is joined: How do you maintain privacy with a technology that’s fundamentally intrusive? Maybe by using it less. This week, Rep. Jason Chaffetz (R-UT) introduced a bill to limit the use of whole-body imaging.

H.R. 2027, the Aircraft Passenger Whole-Body Imaging Limitations Act of 2009, would place several limits:

  • Whole-body imaging could not be the sole or primary method of screening a passenger, and it could only be used as a follow-up to other methods like metal detection.
  • Passengers would have the right to opt for a pat-down search instead of whole-body imaging.
  • Passengers subject to whole-body imaging would have to be provided information about the technology and the images it generates, on privacy policies, and the right to have the pat-down search instead.
  • Images of passengers generated by whole-body imaging technology could not be stored, transferred, shared, or copied in any form after the passenger has passed through the security system.

Most of these protections are already TSA policy, but agency policies are relatively easy to change compared to federal law. Without limitations like this, these machines are on the natural, mission-creepy path to becoming mandatory.

Rules, of course, were made to be broken, and it’s only a matter of time — federal law or not — before TSA agents without proper supervision find a way to capture images contrary to policy. (Agent in secure area guides Hollywood starlet to strip search machine, sends SMS message to image reviewer, who takes camera-phone snap. TMZ devotes a week to the story, and the ensuing investigation reveals that this has been happening at airports throughout the country to hundreds of women travelers.)

So this bill is a step forward, but from a very backwards position. Ultimately, as I wrote before, the solution is to return responsibility for security to the airlines and airports, who are most interested in and capable of balancing all the factors that go into safe travel, including passengers’ privacy, comfort, and peace of mind.

“Soft” Interrogation Yields the Best Results

My colleague Chris Preble sketches out some of the moral pitfalls that come with authorizing torture in his post.  Beyond that, history shows that utilitarian claims that torture has enhanced our safety are also mistaken.

While torture can in some instances provide valid intelligence, it can also produce false information motivated only by a desire to end suffering.  Successful interrogators from World War II to the modern day have used rapport and psychology, not brutality, to get inside the heads of their enemies.

The Air Force interrogator who helped bag Abu Musab al Zarqawi, writing under the pseudonym Matthew Alexander, says that the difference between an interrogator and a used car salesman is that the interrogator has to abide by the Geneva Conventions.  No torture there, and a good read to boot.

This theme is echoed in Kyndra Rotunda’s book Honor Bound:

I knew one CITF agent and one FBI agent who were Muslims, and both knew how to coax the truth from detainees’ lips.  One word captures their effective, secret ingredient to successful interrogations - patience.  They each spent hours visiting with the detainee, sharing tea, bringing gifts of dried fruits, and talking endlessly about family, Allah, and the Quran.

This should come as no surprise, since it is a repackaging of the techniques of World War II interrogator Hanns Scharff, “Master Interrogator of the Luftwaffe.”  Scharff treated downed Allied pilots humanely, gaining their trust and sympathy while gleaning significant information about Allied air power and advance warning of the D-Day landing.  The Allies wanted to prosecute him after the war for interrogating their pilots so effectively, but dropped the charges when they couldn’t substantiate him so much as raising his voice.  He came to the United States after the war and did mosaic art work at Walt Disney World.

So color me unsurprised when a former FBI supervisory agent says that we gained actionable intelligence by traditional interrogation techniques, and that torture backfired on us.

The release of memoranda authorizing torture will help prevent the U.S. from ever traveling this dark path again.  The U.S. has consistently taken the moral high ground in armed conflicts, contrasting our behavior with the savagery our enemies engaged in for decades.  The historical record shows that mercy, not might, is the key to successful interrogation.

Law Waves U.S. Flag at Pirates

Yesterday the U.S. House passed by voice vote a resolution praising the captain and crew of the U.S.-flagged ship Maersk Alabama that was seized by Somali pirates earlier this month. It was a riveting story that ended well for the brave crew and their Captain Richard Phillips, thanks to the work of Navy Seal sharpshooters. But one question that has yet to be adequately discussed is just what that ship was doing over in such dangerous waters off the coast of strife-torn Somalia.

The answer may surprise you: the U.S. government sent them there.

The ship and its American crew of 20 were delivering U.S.-government food aid to Africa. Under the Food Security Act of 1985, food aid sponsored by the U.S. Department of Agriculture and the U.S. Agency for International Development must in most cases be delivered by U.S.-owned, flagged and crewed ships. The law is one of several, including the Jones Act, that are designed to steer business to generally high-cost U.S. shipping companies.

The laws in that narrow sense have worked: While 95 percent of international cargo arriving in the United States each year is carried by lower-cost, non-U.S.-flagged ships, 83 percent of U.S.-sponsored food-aid cargo is carried by U.S.-flagged ships. [You can read a WTO critique of U.S. cargo shipping preference programs beginning on page 121 of its 2008 review of U.S. trade policy.]

Such laws are anti-competitive and cost U.S. companies and taxpayers millions of dollars a year in higher shipping costs. But the case of the Maersk Alabama reveals another unintended cost. Almost by definition, food aid goes to regions troubled by war, civil strife and oppressive governments. The Food Security Act essentially requires American civilians to be inserted into dangerous places, which creates yet another inviting target for pirates and another argument for a U.S. military presence.

The U.S. government could ship its official cargo at lower costs, and keep civilian American citizens out of harm’s way, by repealing all its protectionist, anti-competitive cargo preference laws.