Topic: Government and Politics

DoJ’s Public Lobbying - A Legal Violation?

Here’s the language of 18 U.S.C. § 1913 (“Lobbying with appropriated moneys”):

No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352 (a) of title 31.

Now here is some language from a Department of Justice Web site called lifeandliberty.gov:

FISA 101: Why FISA Modernization Amendments Must Be Made Permanent
FISA Amendments In The Protect America Act Of 2007 Remain Necessary To Keep Our Nation Safe

The Protect America Act modernized the Foreign Intelligence Surveillance Act (FISA) to provide our intelligence community essential tools to acquire important information about terrorists who want to harm America. The Act, which passed with bipartisan support in the House and Senate and was signed into law by President Bush on August 5, 2007, restores FISA to its original focus of protecting the rights of persons in the United States, while not acting as an obstacle to gathering foreign intelligence on targets located in foreign countries. By enabling our intelligence community to close a critical intelligence gap that existed before the Act became law, the Protect America Act has already made our Nation safer.

The tools provided by the Protect America Act are scheduled to expire in early February 2008 – it is essential that Congress act to make the legislation permanent. Congress must also pass legislation to provide meaningful liability protection to those alleged to have assisted our Nation following the 9/11 attacks.

A public DoJ Web site that says “it is essential that Congress act to make the legislation permanent” seems designed to influence Members of Congress. It was probably created and is maintained through the expenditure of appropriated funds. Did Congress expressly authorize this? Is a public Web site “proper official channels”? Did the Attorney General find that failing to advocate for this law would interfere with national security?

It looks like this Web site violates the law, but it’s hard bein’ a country lawyer here in the big city.

Don’t Believe Everything You Read

Readers may have noticed that the fringes of the blogosphere have been aflame with attacks on the Cato Institute and several of our staff members—and former staff members, and former Board members, and occasional writers, and friends, and people we once met at a cocktail party—all because of our attempt to separate the grand old cause of classical liberalism from racism and bigotry.

Readers may also have noticed that we haven’t responded to any of these attacks. I published one statement setting forth my view that people who write racist newsletters “are not our comrades, not part of our movement.” And that’s been the extent of our response. (Though of course a few of my colleagues who maintain private blogs have written about the current controversy there.)

Indeed, you might note that this blog has never mentioned the name of the proprietor of the website where many of the vicious attacks have appeared, who is also widely reported to be the author of those reprehensible passages that have so embarrassed his political patron. Some people tell us they deplore “libertarian infighting.” Well, I’d make two responses to that: We’re not fighting. And people who defend racist writings (though almost never by actually quoting them, I note) are not what I’d call libertarians.

Let it not be thought that by ignoring these critics we tacitly concede their wild accusations and innuendos. Many of the things that have been written about us are false, or intentionally misleading, or wildly conspiratorial, or frankly nuts. (Of course, a few of the charges are true. I do in fact live near the Orange Line of the Washington Metro, and Reason magazine’s Washington office is on the Red Line, and red is next to orange in the color spectrum.) The reason we’ve refrained from answering these libels stems from a bit of folk wisdom I learned growing up in the South: Never wrestle with a pig; in the first place, you get dirty; and in the second place, the pig likes it. 

Besides, we’d rather take on bigger game. My colleagues and I will continue to spend our time arguing with big-government liberals and big-government conservatives, criticizing the Iraq war and the federal tax code, publishing the ideas of Bastiat, Mises, and Hayek in languages around the world, and skewering wasteful and unconstitutional government programs.

But I’ll take just a moment to repeat what I said a few days ago:

Libertarians should make it clear that the people who wrote those things are not our comrades, not part of our movement, not part of the tradition of John Locke, Adam Smith, John Stuart Mill, William Lloyd Garrison, Frederick Douglass, Ludwig von Mises, F. A. Hayek, Ayn Rand, Milton Friedman, and Robert Nozick. Shame on them.

The People Who Govern Us

Thank God we have Congress to run our lives:

Congresswoman Marcy Kaptur [(D-Ohio)] came to a House committee hearing on Thursday prepared to ask U.S. Treasury Secretary Henry Paulson tough questions about his involvement in the subprime mortgage crisis.

Unfortunately, she was questioning the chairman of the Federal Reserve.

The Ohio Democrat, at a House of Representatives Budget Committee hearing, said she wanted to know what Wall Street firms were responsible for the securitization of subprime mortgages.

She then asked: “Seeing as how you were the former CEO of Goldman Sachs…” But the only person testifying at the hearing interrupted.

“No, no, no, you’re confusing me with the Treasury Secretary,” said Federal Reserve Chairman Ben Bernanke.

“I’ve got the wrong firm? Paulson, Oh, OK. Where were you sir?” Kaptur said.

Bernanke noted that he was head of the Princeton University economics department.

I guess her staff didn’t brief her very well. But really, if she can’t tell the difference between the secretary of the Treasury and the chairman of the Federal Reserve Board, should she be overseeing the budget of the United States government?

And you know how critics of term limits say that we don’t want to lose all the expertise of the experienced members of Congress? Representative Kaptur has been in Congress for 25 years. I guess that expertise will be kicking in real soon.

Hat tip: Jon Henke.

The Corruption of Barack Obama

Barack Obama stands accused of moral shortcomings regarding money in politics: he has not invited the press to all of his fundraisers.

Obama has voluntarily disclosed his bundlers and opened some fundraisers to the media. But that is not enough. He is not inviting the media to all his fundraisers, probably to protect the privacy of his supporters. After all, Hillary may yet become president, and like most politicians, she is not known for forgiving and forgetting.

Obama might learn a lesson here. If you give the media what they want, they will only demand more. If you give them access to all your fundraisers, they will write stories about how big donors are corrupting the once-promising reformer.  On the other hand, if you don’t let them come to the fundraisers, they will write stories about how big donors are corrupting the once promising reformer.

The media have only one storyline about private money in politics: it corrupts the process. You don’t get a pass by supporting their crusade to restrict private money in elections (Obama does) or by giving in to their endless demands for access. They will write the same story.

Obama has shared that narrative until now. He has promised to move against big money when he has power. He is also famously open-minded. Perhaps his own “corruption” might occasion some rethinking about the politics of “reform.”

Conservatism Revealed

What does it say about the Republican Party when the leading fusionist conservative in the field - Mitt Romney, darling of National Review and erstwhile heir to Ronald Reagan - runs and wins a campaign arguing that the federal government is responsible for all of the ills facing the U.S. auto industry, that the taxpayer should pony up the corporate welfare checks going to Detroit and increase them by a factor of five, that the federal government can and should move heaven and earth to save “every job” at risk in this economy, and that economic recovery is best achieved by a sit-down involving auto industry CEOs, labor bosses, and government agents armed with Harvard MBAs to produce a well-coordinated strategic economic plan? That is, what explains the emergence of economic fascism (in a non-pejorative sense) in the Grand Old Party at the expense of free market capitalism?

I have no answer. But it certainly explains the increasing migration of libertarians voters to the Democratic Party. They may be no better, but at least the Dems offer libertarians something in social and foreign policy circles that the Republicans don’t.

Romney Revealed

Mitt Romney’s victory in Michigan’s Republican primary last night throws the GOP race for president wide open. But it should also end once and for all the idea that Romney is the heir to Reagan-style conservatism.

For some reason, Romney has been able to claim the Reagan mantle despite his support for:

  • A health care plan virtually indistinguishable for the one proposed by Hillary Clinton;
  • Support for No Child Left Behind, calls for increased federal education spending, and a proposal to have the federal government give a laptop computer to every schoolchild in America;
  • Calls for increased farm price supports;
  • Support for the Medicare prescription drug benefit; and
  • An undistinguished record on taxes and spending as Massachusetts governor, earning a C on Cato’s governor’s report card, and including support for $500 million in increased fees and corporate taxes.

But in Michigan, Romney pulled out all the big government stops with a call for $20 billion in corporate welfare to revive the state’s struggling auto industry. Romney, who called his proposal “a work-out, not a bail-out,” also promised that as president he would develop “a national policy to help automakers.”

George W. Bush once said, “When somebody hurts, government has got to move.” Mitt Romney echoes that, “A lot of Washington politicians are aware of it, aware of the pain, but they haven’t done anything about it. I will.”

Ronald Reagan must be spinning in his grave.