On Manufactured Outrage

You know what annoys, when one is reading a book that is otherwise enjoyable? Say you’re reading a book about some subject you have a fair degree of knowledge about, but as with anything you can and want still to learn more. The book you’re reading really seems to throw different light on things you already know a good deal about, and of course also has a great deal of material you haven’t yet known. And then there it is: A statement of fact that you know to be wildly incorrect. About something that even a modest familiarity with the subject matter would indicate to be off the reservation. Something like getting the date of a battle in the wrong month and year, or putting the wrong general in command, or getting major historical events in reverse order.

Ick! It’s like finding half a worm in something you’re eating. Never pleasant, but the more you were enjoying your meal the more alarming is the discovery. And just like that half-worm destroys your ability to take another bite of your lunch, even that part that you have no reason to suspect of housing further vermin, that botched fact ruins your ability to enjoy any part of the rest of your book. If the author and his editor(s) couldn’t be troubled to get right something so basic as when the Battle of Chancellorsville was fought relative to Gettysburg, something that you know if only from not having slumbered your way through 8th grade American history, how in the world can you trust them to get right the statements about the complicated things, the fresh analysis, you bought the book in order to read in the first place? How can you accept anything written in it as true? 

The same dynamic operates with the commentariat. You always, if you’re the least sentient, take everything you read with a grain of salt. People make mistakes, after all; they weigh evidence poorly; they guess the wrong door, the wrong shell as hiding the pea. But — at least as to the ones you choose to pay close attention to — you still have to extend a certain degree of trust to them, to identify themes and stories that are significant, to explain correctly why they’re significant, to report accurately the factual material on which they base their statements, not to quote people or sources inaccurately or out of context or so incompletely as to give a false sense of their statements, to give the other side a fair shake, conceding its meritorious points or just the points on which people of good faith may disagree. When the commentariat and the news reporter meld, when the same author or publication undertakes both functions, the importance of being able to extend that trust becomes of critical importance. 

The ability to trust becomes make-or-break when the author or publication is ostensibly non-partisan, in the sense of not unabashedly representing the interests or the positions of an organized political force. Just by way of example, no one in his right mind thinks of The New York Times or Time magazine, or Salon or the Puffington Host or MSNBC as being anything other than Democrat Party operatives with bylines (confession: that last expression is not my own, and if I weren’t so lazy I’d track it down to its origin and footnote it . . . but Gentle Reader will have to forgive me). And let’s not forget that JournoList, an organization that was formed for the explicit purpose of surreptitiously assisting the candidacy of one party’s man for the presidency by discussing, vetting, coordinating, and managing in advance not only how things were to be reported but also the most basic decision of what to report in the first place, was run from a computer in the offices of The Washington Post. By like token no one reads Alternet to get a reasonably good-faith analysis of any particular issue. If you want to find out what the current White House-approved talking points are, they’re your huckleberry. 

There are, or have been from time to time, news and commentary sources that genuinely have been more or less even-handed in whom and what they excoriate. PorkBusters was one of them. They called bullshit as and when they saw it, and to them it made no difference if the pork came from a Republican, a Democrat, or more commonly, from both. If it came from the Bush White House, they called it out. If it came from the Republican Senate (pre-2007, of course), they called it. Ditto if it oozed out of Nancy Pelosi’s racketeering House. There are others, of course, some of them focused on the national scene and others on state or local scenes. 

Which gets me to the origins of this post. A number of weeks ago, I ran across a link to a story run by some self-proclaimed watchdog site. In fact if I recall it even has that word in its name. You’ve seen them and their kind before: They report the stupid stuff government – especially the hidden bureaucracies – does, the wasteful stuff, the undoing-with-one-hand-what-the-other’s-just-paid-for programs and initiatives. The monumentally dumb.  The outright crooked and venal. And in so doing they perform a vital function. We need people like that to watch for us, because the lamestream media sure as billy hell has no interest in it any more. 

Remember the name Eason Jordan? He was the CNN guy who got caught sliming the American forces in the Middle East (his specific lie was that American troops were intentionally shooting at reporters; he lost his job over that one) during the second Gulf War and afterwards. He was also the fellow who publicly spilled the beans that his employer, CNN, knew, all the way from 1990 up to the 2003 invasion, of Saddam Hussein’s grisly human rights violations but that its people had gone soft on reporting what he was up to, in order to protect their “access.” In other words, CNN intentionally down-played the depredations of a blood-thirsty tyrant so that he would keep returning their phone calls. Way to take a stand, guys. 

If that’s how CNN handles events of world-wide significance, what in the world makes you think your local newspaper doesn’t play the same shuck-n-jive game when it comes to deciding which bureaucrats to out? Bust the state director of X and there went your last off-the-record conversation with anyone in that department. Point out how internally incoherent Program Y is and no one involved in it will ever return another phone call of yours. Point out that the wife of a prominent local politician is being paid the equivalent of a nearly full-time salary to read kiddie books to the little dears two afternoons a week at the library, and see who lines up against you. So we need the mavericks, the self-proclaimed watchdogs, the ones who’ll report whatever comes to light and damn the torpedoes. 

But you’ve got to be able to trust them. 

If they set themselves up as sniffing out what’s important for Us Proles to know and explaining to us why it’s objectionable, then what if they’re lying to us? What if they’re twisting facts and mangling people’s statements? What if they’re parading a bunch of stuff that’s really all much ado about nothing while sitting on the volcanically explosive revelations?

It matters, in other words, how they conduct themselves.

Several weeks ago, as I mentioned, I ran across this post on this particular website. It reported, in a breathless-but-snarky tone, an e-mail that was sent by a senior state bureaucrat to staff. The department had just moved into a new building the physical characteristics of which were quite different from their old digs. This particular missive dealt with the new building’s plumbing system, and the theme was please be careful what you flush down the toilets (short version: it matters a great deal, and not just to the plumbing inside your building). I might mention that this particular organization is in charge of supervising and regulating every public wastewater system in the state. So the concern was not coming out of left field. Among the specific injunctions was not to believe the packages of allegedly “flushable” wipes; apparently they in fact do trash wastewater treatment plants because they can’t be treated. But the e-mail’s writer slipped up and used a little humor to make the point. Among the laundry list of things not to flush were “old shoes.” Well. From this website’s reporting you’d have thought that the state’s senior executive branch was earnestly advising its staff to wear wolfsbane about the neck, carry nosegays to ward off evil vapors, and always to propitiate the gods by sacrificing the correct number of puppies on their backyard altars. Jesus Christ and General Jackson!! I hate it when people pretend not to understand. When they pretend to be outraged by something that any drooling imbecile can see was done or said in jest. When people treat as serious what is obviously light-hearted. I hate it because it is fundamentally dishonest.

The e-mail of course was “leaked” (if that’s even the right term; the Pentagon papers were “leaked,” as have been Snowden’s documents; this kind of pippy-poo tattle-taling scarcely deserves the verb) by a discontented underling, of whom there appear to be several in that organization. Since I happen to know the writer of the e-mail, I dropped a brief note to offer my encouragement, and remind of General Stilwell’s motto: Don’t let the bastards grind you down. I also suggested that, when in the future departing from mind-numbing bureau-speak, the following statement be included using Outlook’s signature block feature: 

[Warning:  Contains humor.  Also may contain metaphor, analogy, poetic license, assonance, consonance, alliteration, and/or dramatic comparison-and-contrast.  Prepared in a facility that also processes irony and skepticism.  If you experience literalism or other Inability to Get the Point Without Someone Drawing You a Picture that lasts for more than thirty minutes, contact your fourth-grade English teacher or any literate person of your choosing at once.]

So in the future, if whichever school-playground Deep Throat wants to provide this outfit with any more juicy examples of bureaucratic silliness for them to swell up and take seriously for the safety of the common weal, they’ll have to do it over a point-blank call-out of their nonsense.

In all, a trivial sequence of event. What is important, however, and what annoys me, is that now and forevermore, when I see something reported by this “watchdog” site, I will have to wonder what the story really is. Whether they just happen to be leaving something out. Something necessary to understand the substance of the story. Something that, if I knew it, would reveal the whole thing to be a great big So What with a side of fries. I will have to wonder whether they’re trying to inflate a penny-ante non-event for the purpose of distracting me from something genuinely of lasting importance. I will never be able to take their reporting or their commentary at face value.

Dealing with a liar is tiring. It consumes so much energy to have to filter everything one hears through a meta-algorithm that really has nothing to do with the specifics of what’s being said: Why might this person want to lie to me, and how might he be doing it? Dare I rely on what he is saying and if I do what are my risks? Why is this person telling me this? Why now? Who else has been told, what have they been told, and in what order? Why that group of people?  What information is being kept back and when will that be disclosed to me? All this is true whether or not the person I know to be dishonest is or is not in fact lying in this particular instance. Instead of navigating my way through a world of confusing facts I have to navigate my way first through a welter of deception before I can even confront the confusing facts.

At least when I find half a worm in my food, I can order another plate of a different item. But a watchdog that tries to bullshit me is good for nothing but shooting.

[Update 30 Dec 13:]  They’ve done it again.  For Christmas I got The War That Ended Peace, which The Economist, among others, included in its Best Books of 2013 list.  The author has her Ph.D. from Oxford, grew up in Canada, and both her grandfathers fought in the mess.  I’m just wading into it, but it’s really a history of the pre-war era and expressly asks the question not of why did the war start but why did the peace stop.  The actual war is broad-brushed in the epilogue.  In reading that part first (it’s not cheating; I know how the war ended), sure enough there it was:  She’s been and went and gone and done it:  According to the author, the British lost 57,000 men on July 2, 1916, the “first day” of the Somme.  For nearly a century July 1 has been a quasi-national day of mourning in Britain, because it was on that day that Kitchener’s armies went over the top to their slaughter.  Not the next day.  It’s like delving into a book that promises to look at Gettysburg from a novel angle, and finding a casual mention of the symbolism of the Iron Brigade being decimated on Easter Sunday.  The head explodes.

Burke, the IRS, and the Soviet Union

[This is something like the second post I’ve put up in the past six months.  I have no excuses to offer to a silent room, at least beyond observing that if I don’t work, my children don’t eat, the house goes back, and then I can’t keep this tiny patch of the Internet free to be my echo chamber.]

In the course of re-reading one of my favorite non-P. G. Wodehouse fiction books, R. F. Delderfield’s To Serve Them All My Days, I ran across this quotation from Edmund Burke:  “Among a people generally corrupt, liberty cannot long endure.”  It set me to thinking.

Burke specifically set me to thinking about the IRS scandal.  As usual, Paul L. Caron’s keeping score over at his blog.  He posts daily (literally) updates on the most recent oozing filth to be squeezed into daylight from a stone-walling bureaucracy that has long since abandoned any pretense — any at all — that the laws, let alone The Law, applies to it.  Granted, you have to be at least some fraction of a bubble out of plumb to get sufficiently into tax law as not only to teach it but to blog about it, but I’m sure Prof. Caron’s a loyal husband and loving father.  More to the point, his dogged insistence that old men forget, but the IRS shall not be forgot (w/apologies to Henry V) gives me hope that he may be one righteous man upon the finding of whom the gods of civic chaos may stay the visiting of justice upon a wicked land.

Very briefly summarized, where we are is that the senior — as in the commissioner and his chief counsel — folks at the IRS cobbled together a program to target applicants for non-profit status under § 501(c)(4) of the Revenue Code who had certain key words in their names, or who engaged in advocacy contrary to certain political positions, or who even made disseminating copies of the U.S. constitution a project (don’t you just recoil in horror from that last?).  Specifically, they were looking for nasty, ominous-sounding key phrases like “patriot” and “9/12”; they established as a selection criterion criticism of Dear Leader.  These groups were then subjected to an organized-from-on-high, highly detailed program to harass them, to make them expose the names of any who sympathised with them or actively supported them (whether or not members; I guess it’s good that Lindbergh only supported the Nazis but never actually joined up eh wot?).  Even when all the intrusive questions were fully answered (no kidding: among the questions which the federal bureaucracy felt itself entitled to ask was what were the contents of prayers said by some of these groups), and the broad-ranging scope of document demands satisfied, the IRS simply refused to rule one way or the other.  Months and in some cases years went by.  Meanwhile the leftish organizations sailed through the same process in a matter of weeks.

Well so what?  Here’s what.  Without a ruling on 501(c)(4) status from the IRS, an organization which desired such status could not raise funds, as a practical matter.  And as we all know, these days without money your voice remains unheard.  Now, curiously these initiatives within the IRS had their genesis shortly after the 2010 mid-term elections and shortly after the Citizens United ruling.  Gentle Reader will remember 2010 as the election cycle in which Dear Leader and his party in Congress got beat like a red-headed step-child.  This beat-down was to no small degree the result of hundreds of thousands of ordinary citizens, many of them utter new-comers to the political process, coming together to express at the voting booth their disgust at things like the auto bail-outs, the porkulus stimulus bill, and crowning the edifice of legislative malfeasance, the comically misnamed Affordable Care Act.  These people and groups, nebulous, not under the control of the quisling Republican party, and most annoyingly, remarkably intelligent, coherent, and focused on the subject and origins of their outrage, had to be suppressed.  They just had to be.  But being a many-headed hydra they couldn’t be slain with a single blow to a central organization, nor could they be bought off (both of which statements have applied to the Republican congress members for generations now).  What to do?  The answer of course was obvious:  Use the administrative machinery to starve them of money and therefore air.  By cutting off their funding sources you ensure that each tiny group remains isolated, confined to a tiny core of members who can only do what they individually can afford to do from their own resources.  And of course you remind them that their resources are not safe by having your colleagues in the ATF, OSHA, and the other alphabet-soup agencies come a-visiting, each bearing a document request list.

It wasn’t just the bureaucratic intimidation treatment, either.  The IRS also leaked things like donor lists of entities whose applications were still in progress to outfits closely aligned with Dear Leader.  And it’s not like those lists were just leaked out there on some message board, either.  No, those lists were provided to specifically adverse organizations, which then went out and organized harassment of those donors.

And it worked.  In the 2012 election cycle the Tea Party groups were a pale shadow of their former selves in 2010.

During the time this was happening, of course, the IRS commissioner and his chief counsel are spending a truly astounding amount of time at the White House, meeting with Dear Leader.

I’m sure that was purely a coincidence.  Like Lois Lerner pleading her Fifth Amendment privilege when Congress hails her to testify.

And on the other side?  Well, I don’t know if you can even call it a “side,” because to be a “side” in a dispute you at least have to acknowledge that there’s a disputable issue.  The IRS shenanigans have disappeared into a black hole of non-information.  About the only mentions of it you hear are solemn, slavish repetitions by the unpaid Democrat operatives mainstream media of transparently bogus statements by Democrat congress members and their staffs that there’s no story there, that it’s a “fake scandal,” that the whole thing is made up and besides racism. 

The IRS itself has taken a number of positions, starting with “this was just a couple of rogue agents in the Cincinnati field office,” each of which has turned out not only to be inconsistent with observable patterns of behavior but to be flat-out contradicted by documents originating within the IRS itself.  The DoJ claims it is “investigating” the wrong-doing, but has not even contacted so much as a single group which was the target of these tactics.  Not a single one, nor their lawyers.

To repeat:  From those ever-vigilant watch-dogs of government we get . . . nothing beyond the credulous repetition of party talking points.

When you do hear public mention of the goings-on, it’s very frequently by someone whose sympathies with Dear Leader are either already well-known (as in the vacuous celebrity prettyfaces), or whose sympathies are otherwise made clear by circumstances.  And the tone of their remarks can only be described as crowing over all them nasty Tea Partiers just gettin’ what they deserve because racism.  After all.

Which brings to mind Burke’s observations.  There are two things which every society absolutely, positively, as in cannot-last-without-it have: (i) a secure — which is to say uncensored and private — postal system, and (ii) a politically non-active revenue-gathering mechanism.  If I cannot trust that the check I write each month for my house payment will not be plundered by either postal workers or by third parties who are allowed to get at the mails by the postal workers, then what incentive does a lender have to lend money to anyone who cannot walk in and physically hand over the money?  What incentive do I have to make my payment and not to lie and say I did and blame it on postal pilfering?  How does the financial system work?  How does the retail system work?  How do businesses do business?

If the revenue authorities view themselves as, and actively pursue the role of, political operatives advancing the cause of one faction or the other, and suppressing such as they happen to disagree with, in what material respect does that then differ from tax-farming?  Or from the ancient Russian custom of “kormlenie” — “feeding”?  Are the revenue agents not feeding their political positions from the populace?

Absolutism and corruption go hand in hand.  One feeds the other.  If you start with one you will end up with the other as well.  In an absolutist system, the ultimate value — in fact, the only value — is to work the system to one’s own advantage.  This value system (if you can call it a “system” since it consists of a single precept) necessarily produces an outlook of “whatever it takes,” and the result is as Hayek observed, even making it a chapter title: Why the Worst Get on Top.  Those who are willing to play the system, and able to do so, have a vested interest in producing and maintaining such a system, because of course in a system that is not absolutist, that is not based upon the capricious will of some Decision Maker — whether that be a divinely chosen King, or a divinely blessed clerisy, or the embodiment of that will-o’-the-wisp beloved of tyrants for the past 250 years, the “general will,” such as the SovNarKom — they must inevitably expose themselves to the frustration of their purposes by something that cannot be worked around:  The Law.  Notice also that in any system in which the Will of a decision maker is elevated to sacred status, the advantage must always go to the sociopath, who views his fellow humans as being precisely what Kant establishes they must not be: tools to the ends of another person.

Not only does “The Worst” or the sociopath flourish most under such a system, but presented with the chance he will actively seek to create such a system.  Again, that is because under any other system he will be hemmed in by something other than his own daring and his own Will to Action.  What holds this person back is only the critical mass of his fellow citizens who refuse to accept his proposition that anything goes, and who act on him (and each other, for that matter) through the device of The Law.

A recurring theme within what we may characterize as “survivor’s literature” from the Soviet Union, and specifically from the camps, is the thorough-going corruption of Everyone.  Part of that was the “you die today; I’ll die tomorrow” ethos of the camps, but you can see it right out in plain day, even before the first transit prison.  The lying, the attempts to curry favor, the stoolies, the thievery, the violence, the joyful subjugation (even unto death) of the weak by the strong:  Anyone who wants a one-scene summation of the brave new world created by Dear Leader’s idols need only read Dolgun’s description of “India.”  But more to the point:  Everyone was on the take; everyone was sharply on the look-out for what he could steal from the system, what he could steal from his fellow man, every chance he had to advance himself by doing down the guy next to him.  Nor was this wonderful world (you remember that world; it’s the one the praises of which were meretriciously sung by Walter Duranty, the fellow whose Pulitzer, won by whoring himself over the corpses of seven million famine victims, the NYT has yet to disown) even necessarily wholly new to the Soviet Union.  Read through depictions of life in Imperial Russia beyond the glitz of the court and the high nobility.  It’s depressing, almost sublimely so.  Everyone, every last damned one of them, is a crook.  They’re all looking for that one leg up that will enable them to “feed” a little more fully off the system.  The reaction, in me at least, is more one of sadness than outrage.  When every last square foot is owned — literally owned — by the tsar, when no one is free because no one is beyond a decree that Prince So-and-So, hitherto a member of the high nobility, is to be broken on the wheel, his body chopped into quarters, and his family exiled to far Siberia, what is left but to claw what advantages you can from a world that — let it be said up front — has zero moral claim on your loyalties?

I vividly recall a day in my securities regulation class in law school.  This was the mid-1990s, when the former Soviet bureaucracy and the blatnye that form an ever-present background in survivor’s literature finally merged.  This was the era of broad-daylight murders and kidnappings.  Somehow the subject of Russia came up, and how capital markets functioned in Russia, and the sheer criminality of it all.  Some American student came out with a typical pie-in-the-sky proposition of why don’t they just do it thus-and-such way.  All the way down front (and this was a large lecture room), one of the Russian LL.M. students turned around in her seat and asked, incredulously, “Do you have any idea how things in Russia actually work?”  Silence.

There is a good English expression for what is going on at the IRS and what went on — to some extent, still goes on — in Russia:  lawlessness.  In fact, the last sentence in The Gulag Archipelago is, tellingly, “There is no law.”  In survivor’s literature lawlessness is experienced not only by the utter corruption of law worked by the infamous Article 58 (guard to prisoner:  “How long is your sentence?”  prisoner:  “Five years.”  guard:  “What did you do?”  prisoner: “Nothing at all.”  guard:  “You lie!  The punishment for nothing at all is ten years!”) but also by the “socially friendly elements” of the blatnye.  They ruled the roost in camp until nearly the end.  What changed?  The Ukrainians decided they’d had enough of it.  They very simply decided they were going to kill all the stoolies and all the thieves.  And so they did.  Within a very brief time the camp authorities realized that their precious thieves were about to be exterminated, and moved them to completely different camps.  No more did the camp guards have the thieves to help them out, to install in the trusty positions.  Now you had entire camps full of nothing but Article 58s.

And yet, even after the camps were long shuttered, the rot remained.  And in the end the Soviet Union fell apart.  It simply fell apart.  For the only time I’m aware of, a sovereign nation, not at war and without a single hostile boot on its soil — in fact, at the head of a servile alliance system — and sitting on top of untold natural wealth in the form of generations’ reserves of fossil fuels and just about every useful mineral known to modern man, pulled the shutters closed and went out of business.  Because it couldn’t go on.  Because it had finally rotted out from within.  Will anyone argue that liberty prevails in Russia now? 

 What is going on within the IRS, and the DoJ, and the other federal agencies, is the take-over of the American polity by the blatnye, only so far without the knives across the throats.  We have an entire half of the political spectrum cheering them on, promising them soft landings at “non-profits” and “educational” establishments when, like Lois Lerner, they finally get so backed into a corner that they’re no longer useful to Dear Leader in their agency jobs.  What happens when, like Phaemon’s dog, all members of the apparatchiki, of all political stripes (can anyone out there guarantee me that there will never be a neo-Nazi IRS agent, or a Maoist lawyer on the DoJ staff, or some dude at OSHA who thinks that Pol Pot really had it right?) decide that this is Just How It’s Done Nowadays?

One of the tragedies of human existence is that it is so much easier to destroy, to undermine, to do evil, than it is to build and grow constructively.  It took the citizens of Cologne roughly 600 years to build their cathedral.  A couple of plane loads of errant bombs from Bomber Command or the 8th Army Air Force could have reduced it to rubble in a matter of minutes.  It took England from the reign of Henry VIII, when he could simply tell Parliament that he wanted Lord So-and-So attainted and executed, until 1714 (don’t quote me on that date; I’ve slept since I last looked it up), when for the last time a British monarch withheld the royal assent.  Not quite 200 years.  It took them several generations to move from the world of Lord Holland, who made himself one of the richest men in the kingdom by siphoning from his job as paymaster of the army, to the world of the 1830s, when visitors to official offices were adjured to “pray speak only of business.”

Where is the United States on that trajectory?  When FDR wanted to persecute Andrew Mellon, he instructed the IRS general counsel, Robert Jackson (whom FDR later rewarded for his whoring himself in that fashion with a seat on the U.S. Supreme Court), to get after him.  Which Jackson went ahead and did, bringing criminal charges against Mellon for having claimed deductions on his personal income tax returns . . . that the code said he was entitled to claim.  But at least Jackson proceeded in the open, and however farcically through the mechanisms of the law.  We are now at a point that law is neither more nor less than irrelevant to how the IRS treats any particular person or organization, and the processes it uses to treat them that way.

We are straying ever closer to the point of being “generally corrupt.”  “Corrupt” is an epithet long hurled about in American politics.  In 1824 Henry Clay sold his support in the House to John Quincy Adams, and was rewarded with the job of Secretary of State, up until that point a stepping stone to the presidency itself.  From that moment forward, Jackson’s slogan became “Corrupt Bargain,” and Adams collapsed in 1828.  Nowadays we would see nothing objectionable about Clay’s acting as he did (come to think of it, there has never been another Secretary of State make it to the Oval Office since then, has there?).  Let’s get that straight:  We see nothing wrong with selling one’s vote for president in exchange for a specific political office.  This is despite the fact that most states out there have laws imposing criminal sanctions on promising office in exchange for vote.  Oh.  I’m sure that never happens.  A sizable portion of our popluation now accepts it as unremarkable that the IRS and other federal agencies will make decisions which are — in economic terms at least . . . for the time being — life-and-death to their subjects based upon partisan political considerations.  And we whoop and holler in support, when it’s one of our side doling it out to the Other Guys.

Among a people generally corrupt, liberty cannot long endure.

From the Department of You Can’t Make This Up

We have this offering over at Slate.com from someone rejoicing in the name Allison Benedikt:  “If You Send Your Kid to Private School, You Are a Bad Person“.  No, seriously, that’s the actual, honest-injun title of her piece.  And if you read it, you realize she genuinely means it.

James Taranto at the Wall Street Journal does a very good job of pointing out the alarming implications of her logic.  I will say that I disagree with his opening observation that Benedikt “presumably” uses the expression “bad person” facetiously.  I think she’s entirely serious; in fact it’s the only conclusion that’s consistent with her argument and how she sets it up.  Taranto points out (I wish I could say that I immediately phrased it to myself in the same fashion, because his critique of her reasoning is so important, but I was spun up by entirely different aspects of the article, on which more below) that the core of Benedikt’s argument is the sinister conflation of what is good for a government institution with what is good for the public.  Or, as he phrases it, “The biggest problem with Benedikt’s argument is the fallacy of composition–of mistaking the part for the whole. We are willing to stipulate that improvements to the public schools are a common good–that all else being equal, better public schools would make everyone better off (although the benefit would be far from equally distributed).  But a common good is not the common good. . . . Benedikt’s view of what constitutes ‘the common good’ seems to be limited to the institutions of government.”

Benedikt faults parents who send their children to private school for any reason — any reason at all.  Because I could not make this quotation up if I tried, I’ll just let ol’ Allison call it like she sees it:  “But many others go private for religious reasons, or because their kids have behavioral or learning issues, or simply because the public school in their district is not so hot. None of these are compelling reasons. Or, rather, the compelling ones (behavioral or learning issues, wanting a not-subpar school for your child) are exactly why we should all opt in, not out.”  OK; well enough, but what’s the purpose of opting in?  “But it seems to me that if every single parent sent every single child to public school, public schools would improve. This would not happen immediately. It could take generations. Your children and grandchildren might get mediocre educations in the meantime, but it will be worth it, for the eventual common good. . . .  So, how would this work exactly? It’s simple! Everyone needs to be invested in our public schools in order for them to get better. Not just lip-service investment, or property tax investment, but real flesh-and-blood-offspring investment.”

[Here Gentle Reader might well ask what is the color of the sun on Allison Benedikt’s planet.  It’s as if she never served, or knew someone who served, on a school board.  As if she never read or heard an interview with some school “administrator” whose response to some report of egregious misconduct or incompetence or perverse policy boils down to, “Shut up,” he explained.  It’s as if she has paid no attention to what the NEA has been up to for decades now, as it has fought tooth-and-nail against any public disclosure of what goes on inside the public classrooms of America.  You really, truly, genuinely think, in a world in which the overwhelming portion of public school funding for all but the very largest systems comes from state and federal sources, that a bunch of parents are going to be able to turn the ship through the eye of the wind and onto a different tack?  Has Allison Benedikt ever even volunteered for any school function more substantive than running the concession stand at a basketball game?  Does she really think that’s how public schools work on the ground?]

I like that word, investment.  It sounds good; it’s got a really good name, and we all know how important Having a Very Good Name is, right?  It makes the speaker sound . . . weighty, as if generously endowed with what the English know as “bottom.”  But the real beauty is that it can mean so much, so many different things.  For example, handing out hundreds of millions of dollars to the bankrupt companies owned by one’s political supporters becomes “investing in renewable energy.”  Handing out billions of dollars to fund construction projects of questionable utility is “investing in our infrastructure.”  Shovelling hundreds of billions of dollars in the form of non-dischargeable debt to students so that they can troop off to “college” and “major” in grievance studies and support a burgeoning class of “administrators” becomes “investing in the future.”  And so forth.  You see the point.

What Benedikt understands (notwithstanding she admits to being ill-educated) is that inherent in the notion of an “investment” is the prospect of losing what one has invested.  This is to give her her due a level of comprehension in which she distinguishes herself from so many of those on the left.  It’s why it’s called an “investment” and not “a sure thing.”  It is, in short, a wager.  Benedikt advocates using one’s own children as poker chips, and she very expressly is willing to accept the loss of the “investment,” perhaps even for generations.  Cue Allison:  “Your children and grandchildren might get mediocre educations in the meantime, but it will be worth it, for the eventual common good.”

She omits to explain how two or three consecutive generations of badly-educated adults are — magically! — going to know what a good school looks like or have the intelligence and drive to see to it that one is created and continued.  But let us pass onwards.

One of the slogans current for roughly twelve years in a country then (and still, come to think of it) among the most highly literate, educated to the point of over-doing it, societies in the entire world was “Gemeinnutz vor Eigennutz.”  The common good above the individual good.  One had an affirmative duty to do that which brought one’s own misfortune if only it advanced the common good, the Volk.  This attitude was not confined to purely materialistic considerations.  It also expressed itself in the moral sphere. 

The July 20 conspirators tried to recruit Field Marshal Erich von Manstein.  By this point in the war the senior command and in fact the senior civil service as well knew the war was lost and they knew that it was Hitler’s personal decision-making that had lost it.  They also labored under exactly zero illusions about the nature of the crimes taking place behind the front.  Let’s compare and contrast for a moment.  Here’s Manstein’s explanation of why he did not join the opposition:  “Prussian field marshals do not mutiny.”  He in fact, just like every other German military officer, had sworn a personal oath of loyalty to the person of Adolf Hitler.  He was unwilling to violate the duty of that oath.  For an alternative take, let’s cut to Adam von Trott zu Solz, a diplomat later hanged for his part in the plot, as he tries (successfully) to recruit a co-conspirator: 

“I am also a Christian, as are those who are with me. We have prayed before the crucifix and have agreed that since we are Christians, we cannot violate the allegiance we owe God. We must therefore break our word given to him who has broken so many agreements and still is doing it. If only you knew what I know Goldmann! There is no other way! Since we are Germans and Christians we must act, and if not soon, then it will be too late. Think it over till tonight.”

You see, there is no room for Solz in Allison Benedikt’s (O! the irony of that name) cosmology.  Your child has learning or personality disorders and won’t — simply can’t — get the adequate remedial attention he needs in a public school?  Too bad.  Gemeinnutz vor Eigennutz, old sport.

And this is where I saw red while reading Benedikt’s little piece.  I have three sons.  The older two of them, and especially the oldest, have developmental issues.  Not stupid, by any means; the oldest taught himself to read before he was six.  But he is “on the spectrum,” as a generation of parents has now been taught to say.  On the very mild end of it (an unearned blessing for which I am profoundly grateful, especially given how easily it could have been otherwise), but still there.  He would have been absolutely lost in the chaos that is a modern public school classroom, bombarded with all manner of aural and visual stimuli that he just did not have the resources to process.  He would have drowned on dry ground.  The middle child is phenomenally creative.  He has an intuitive grasp of how things fit together and work together, in three dimensions.  I only hope to God he learns to master math well enough that he is not deprived of an outlet for his natural genius, as I was.  He, too, but for different reasons, would have been at sea in a public school classroom.

I must emphasize that I do not fault the public school system for its inability to be what my children need in a classroom.  It cannot be otherwise.  That pesky li’l ol 14th Amendment really does mean the government has to treat people the same.  It cannot offer opportunities to one child that it does not offer to all similarly situated.  And short of herding us onto collective farms and confiscating all the food produced (ask the Ukrainians how that worked out; even the SovNarKom admitted in its internal deliberations that the collectivization program was neither more nor less than a tax on the peasantry to subsidize the industrialization of the cities) there is just no way in a world of finite resources that any governmental agency will ever have the wherewithal to offer those attentions to every child who needs them.  Who deserves them.  And in government life (at least outside the caprice of an absolutist state) what not everyone can have, no one gets.  Unless you’re wired in with the political class, unless you’re an apparatchik. 

So for no fault of its own, the government-run school system could not and cannot offer to children such as mine those things which they need not to be the best they can be, but just to survive.  Here’s Allison, once again:  “I’m not proud of my ignorance. But guess what the horrible result is? I’m doing fine. I’m not saying it’s a good thing that I got a lame education. I’m saying that I survived it, and so will your child, who must endure having no AP calculus so that in 25 years there will be AP calculus for all.”  Not to get too personal about it, Allison, but you’re full of shit.  A child who goes into emotional and sensory lock-down when a classroom full of children do what classrooms full of children have done since they were first hustled into them, several millenia ago is most emphatically not going to “do fine” when he’s shoved into the regimented chaos of a public school.  He will never get to your Promised Land of AP calculus at all.  If he is to have a shot at all of acquiring the skill sets needed to exist as an independent adult in the world that actually does await him when his birth certificate says he’s grown up, he has one window to do so.

Benedikt describes her friends who send their children to private school as “morally bankrupt.”  Here I’ll say that I have zero interest in any system of morality or ethics which cannot distinguish between on the one hand the sacred duty I owe to a child, whose very presence in this world is a result of decisions I made and who just by virtue of how his brain is wired is utterly, utterly defenseless against the storms in which he finds himself, and on the other the interest in continued monopoly by a self-interested government bureaucracy which has nothing more than a vague, diluted, hypothetical, perhaps-in-twenty-years stake in my child’s future, and even then not as an institution but purely on the personal level of that bureaucracy’s members.  Taken at face value, Allison Benedikt not only announces an affirmative duty to serve the interests of a government agency as such, she places that duty in the same kind as that I owe my child, and then ranks the former above the latter.  No, Allison, we’re discussing a distinction in fundamental kind here, not talking a difference of degree.  We are not debating whether to pump money into public schools because everyone has an interest in a literate, numerate, educated public at large, or instead into roads and bridges, because a population that cannot get to work (or school either, for that matter) quickly and efficiently, that cannot move people and goods cheaply from Point A to Point B, is going to resemble sub-Saharan Africa a helluva lot more closely than it will a place that has “AP calculus for all.” 

[Among her other ignorances Allison doubtless cherishes a profound ignorance of the sources of wealth which make, inter alia, AP calculus available even to a tiny privileged minority.  I’ll give you a hint, sugar britches:  No society ever got rich because it had flashy courthouses, multi-media capable schools, free libraries, or well-staffed DMVs.  The only way anyone — let alone everyone or even any appreciable subset of everyone — got out of deep, grinding, perpetual poverty was through commerce and trade, neither of which is possible on any significant scale without cheap transportation.  Just as a mental exercise, compare the number, direction, and density of navigable rivers in Central and Western Europe with the same in Russia and sub-Saharan Africa.  Notice a pattern?  Since the days of the Roman empire someone in Western Europe could load his crop, or the produce of his forge, loom, or mill, onto a boat and cheaply move it hundreds of miles towards where others were willing to trade with him.  The Russian peasant and the tribesman in what later became Namibia couldn’t.]

Oliver Stone is what they call around here a piece of work, by any reasonable standard.  In his Full Metal Jacket there’s a scene, set at Christmas on Parris Island.  The gunnery sergeant explains it thus:  “God was here before the Marine Corps.  So you can give your heart to Jesus, but your ASS belongs to the Corps.”  My ass does not belong to the NEA, Allison.  It does not belong to the army of famine-breeders (fave Mark Twain expression) that batten and multiply in the “administrative” offices of the nation’s public school systems.  It does not belong to the bottom quintile of SAT scores that is extruded year by year from the nation’s schools of “education,” its heads packed full of wonderful theories and notions and experiments to carry out on children.  And none of my children’s asses belong to them either, Allison. 

On the other hand, I have a duty to my sons that is sacred.  It does not arise from constitutional or legislative mandate.  It predates the common law.  No pettifogging bureaucrat can enlarge or diminish it by the slightest.  It is as inherent as my blood relationship with them, and theirs with me.  It is sublime, eternal, ineffable.  It transcends every tie of obligation I owe to the fleeting construct of “the state” or “society.”  Rome rose and fell.  The duty of parent to child does not.  Only a duty to humanity itself, to the cause of human liberty, can even cast a shadow across its edifice, and even then my duty would be to take my son’s place if I could.

My boys have one, exactly one, shot at equipping themselves for the fight ahead of them.  The world they are growing up in is by several orders of magnitude less forgiving than the one I was privileged to know.  The consequences of wrong turns taken, or opportunities squandered, are graver now, and at an earlier age, than ever since men first struck out from the stone walls of their sheltering caves.  As God and my genes have made them, they will forever struggle with things that come to others if not perfectly naturally then at least much more easily.  It may come to pass that things will so arrange themselves that I am unable to continue to offer them an atmosphere where they can have just that little extra room, that little extra accommodation, that little extra chance, that might, just might make the difference in their becoming emotionally and mentally healthy adults, able to stand on their own and face down the Allison Benedikts of this world, able to follow the path of an Adam von Trott zu Solz rather than a Field Marshal von Manstein.  If that happens, it happens, and my duty will then be to help them find what footholds they can.  In the interim, though, what right have I to sacrifice them to a system of morality so abhorrent that it places as its highest duty the call to subservience?

Fuck you, Allison Benedikt.  People like you are why there are thousands upon thousands of stark white crosses dotting the fields of Normandy.  Those men died so your like would not triumph.  In addition to whatever my sons learn in private school, I will teach my sons this:  Whenever they come across you or your kind in life, they are to strike you dead if at all possible, and if not physically destroy you, then at least shove you into such a tiny crevice in a forgotten rock somewhere that you will never extricate yourself and inflict your abominable, slavish sense of morality on any future generation of free humans.

Detroit

I’m not from Detroit’s part of the world.  My first exposure the notion of “Detroit” that was more concrete than a hazy awareness of “they make cars there” came in the late 1970s when a number of families from there moved to our small town.  Some of them had children in my age bracket and that was my introduction to “Detroit.”  Most of the transplants (I can’t say for sure, but they may have been the leading edge of the coming reverse migration out of the Rust Belt that has transferred large numbers of people from there to here in the past 40-odd years) blended into the woodwork, as if they’d been here all along.  Several of them and their children didn’t.  They were cocks of the walk, we were just a bunch of in-bred rednecks, and they were going to Show Us How It Was Done.  At the risk of understatement, they didn’t.  So the memorable portion (the ones who just blended in of course left no lasting impression; a roofer won’t recall the thousands of nails he drives where he doesn’t smash his finger) of my initial exposure to “Detroit” came in the form of blow-hard, belligerent, ignorant braggarts with neither manners nor any other desirable attribute.

As things ended up, I went to college at the U. of Michigan in Ann Arbor.  I’d never been to the place before.  In point of fact when I got on the Greyhound bus all I knew for certain was that it was going to stop in some place called Ann Arbor and I was going to get out and go to college there. 

[Aside:  In thinking about writing this post it occurred to me that everywhere I’ve studied — Ann Arbor, Manhattan, and Germany — I’ve been an outsider, with an outsider’s perspective on the local fauna.  I won’t go so far as to claim that’s given me any special insights, but it has enabled me to notice things that my local friends there haven’t always picked up on.  Sort of like how you notice things about your in-laws that they don’t.]

In the three years I spent there (the junior year was in Germany, which was a year spent in as close to a paradise-like condition as I’m likely to experience on either side of the grave), among the things that struck me was that the Detroit kids I’d run into back home were not necessarily aberrations in their attitudes about not-Michigan. 

Here I hasten to add that the ‘tood was not entirely without foundation.  For example, I discovered, much to my dismay, just how poorly prepared I was for college-level work.  I’d graduated 11th in a class of 434 from the sole high school in what was not considered to be a bad system.  I’d never cracked a book the whole time, pretty much.  Oh sure; I’d done the homework assignments and so forth, but in terms of really being put on my mettle (assuming there was any there on which to be put), I’d never been pushed.  I knew I wasn’t a fool — I’d managed to learn German during my junior year there (yes: both junior years in Germany), never having any exposure to it before, and to learn it sufficiently well that, without any additional instruction in the language itself I was able to pull my only straight 4.0 semester in Germany, and to graduate summa with a German major (come to think of it, I pulled a 4.0 in all my German courses all four years).  But I discovered that the products of their public education systems were operating on an entirely different plane.  It took me a full year to ramp up; God knows what would have happened to me if I’d not been in the liberal arts program.  Actually, so do I:  My country ass would have flunked out by the end of freshman year.

And I noticed what a phenomenal amount of money had gone into making UM the place it was.  At that time North Campus was just beginning to get off the ground; most engineering courses were still on the main facility.  The hospital was already massive and festooned with cranes, scaffolds, and stacks of building materials.  They were clearly willing to lard the money on with a mason’s trowel.  And Ann Arbor wasn’t even the biggest school in the state; that was Michigan State.  The whole place oozed self-satisfaction (well-earned, if all you’re considering were the STEM fields; as to the liberal arts, it was riding a decades-old reputation that didn’t seem to have been fed much in the interim) and confidence in its future.

The lefty politics were of course noticeable — this would have been right in the middle of the Reagan years, when most of the rest of the country was starting to come out of its Vietnam-Nixon-Carter funk — but after a while it became just background noise.

Finally, and this is the point of all this, what really stood out was the extent to which southeastern Michigan was a one-trick pony, the pony being the automobile industry.  Sure, other cities up there are also effectively company towns — a friend of mine was from Midland, and that was Dow Chemical from A to Z.  But in the area of Michigan around Detroit it wasn’t even six degrees of separation.  If you and your family didn’t work for it directly, you sure as hell did so indirectly.  And the money was good.  This was back when the Big Three really were the Big Three.

The writing, however, was on the wall.  Nissan had already opened its non-union plant in Smyrna, Tennessee, and the other non-American companies were following suit.  With their competitors drawing on workforces that did not have as part of their cultural DNA the labor strife of the 1920s and 30s, but rather were just glad to have a job where it was air-conditioned inside, and doing so from inside their tariff walls, for Detroit the tea leaves were starting to coalesce.  This isn’t the place, and I don’t have the time or the knowledge, fully to expatiate on What Crippled the U.S. Auto Industry, but at whatever level, for whatever reason, Detroit could not or would not make its business model — top-down decisions, bland you’ll-buy-what-we-choose-to-make products, restrictive union rules, and a laggardly attention to quality improvement — fit into the new reality.

Detroit’s one-trick pony had cast a shoe.  And the city failed to change to take that into account.  The end of the era when it was awash in money could be seen, and what they did was double down on the ride they’d taken thus far.  Books will be written, some day, about when passed the precise moment that Detroit’s decline became a death spiral, so we needn’t dwell on the who-shot-John of it all.

What do New Harmony, Indiana and East Germany have in common?  Other than that both exist now only as geographic locations, both were grand experiments in socialism.  Everyone had a place, and everyone was to be taken care of in that place.  All the complicated stuff, the hard decisions, were to be removed from the shoulders of those incapable of making them and put where such things belong: in the hands of the Initiated.  Within their respective settings, both were exercises in Paradise Through Government.  New Harmony of course had no coercive mechanism to keep people in line, so when the ambitious or the unorthodox got tired of being buggered around in the cause of their own well-being, they upped sticks and left.  East Germany spent untold millions on its border security, all of which was directed inward.  And yet when another Warsaw Pact country, Czechoslovakia, opened its border, it took less than a year for the Workers’ and Peasant’s Paradise to come crashing down.

Therein lies the answer to the question of what sank Detroit.  You simply cannot continue on courses of action that are decades behind the reality in which the world around you exists without the ability to keep your population from leaving.  Once there arose in the balance of the country an automobile industry of sufficient size, what was there to keep people in Detroit?  Those who could do so left as and when their individual tolerance levels were breached, and the wizards of city hall kept right on going.  Big Government, with its Cheops-like projects (Renaissance Center, anyone?), requires a big population that continues to grow, at least in the right ways.  As long as each generation of taxpayers is no smaller than its predecessors, the money will be there.  Without exit barriers, though, you have no affirmative steps available to you to assure that continuity, and you open yourself to the disaster that’s due to overtake Social Security — a system founded on the assumption that population trends of the 1930s would hold true forever is going bust.  In Detroit, as its taxpayers left, it was left with higher and higher concentrations of non-taxpayers, who nonetheless expected Things to Continue as Before.  And still Detroit made no fundamental changes to how it did business.

The result now is that “nothing works here.”  Read the article, and so much of the comments are you can stomach.  What immediately strikes me about the comments is their overly facile nature, from the ones who Blame It on the Blacks for making a hash of things, to the ones who Blame It on the Whites for not hanging around to be plundered, to the (ostensibly) British commenters who think that if Detroit had just raised taxes that tiny extra bit more all would be well, to the flame wars of the-whole-U.S-is-a-stinking-cesspit-just-like-Detroit on one side and what-price-sharia-and-no-go-zones on the other.  I certainly didn’t read all of them (there are several hundred), but I didn’t find a single one which wanted to engage with the question of what does Detroit’s downfall have to say, if anything, about how government conducts itself elsewhere.

And that, friends, is the actual reason that the rest of us should be paying attention to what happens to Detroit.  Detroit’s political class did to their city exactly what the Soviet peasants did when collectivization was announced: they slaughtered their livestock and ate the meat.  The difference is of course that the peasants’ reaction was logical and reasonable under the circumstances, and Detroit’s was the cynical exploitation of a one-party population.  Oh, and there’s one other difference: the peasants knew that, one way or the other, they were likely to pay with their lives; the politicians who climbed Detroit’s greasy pole retired full of honors and benefits, with cushy jobs in academia, or revolving-door gigs as “consultants” or lobbyists.  They’ve left the carcass of their city rotting in the sun.

Now THIS is an Attack on the Country’s Essence

The current brass in the Navy, in all its hoary wisdom, has decided to dispense with Chief Petty Officer initiation.

As at least one retired Master Chief Petty Officer opines, this is a decision fraught with implication for what sort of navy we choose to have in the future.

Way back in the day, when I was a brand-new ensign on a straight-stick, superheated steam, automatic-nothing guided missile destroyer, I got to experience the range of chiefs.  Alas! my very first Chief Petty Officer was lousy (actually, that descriptor may well have been literally true, because among his other failings he had abysmal personal hygiene).  In fact, he was such a bumbling incompetent that the other chiefs came within an ace of kicking him out of the chiefs’ mess.  In an organization that small (our total crew, officers and all, was under 450), that sort of collective revulsion is just unheard-of.  He’d made chief back in the 1970s, when the military in general was scrambling for every warm body it could find, and a great number of people who would never have otherwise pulled it off advanced well beyond their Peter Principle level.  He was respected by absolutely no one on board, and trusted in the same measure. 

I was ASW officer, and I still recall with humiliation the time our sonar went down, hard.  When my chief reported that they just couldn’t isolate the problem, I sat down with him and my senior E-6 sonar tech (except for their appearance he was his physical and mental twin) to pore over the technical circuitry diagrams (any CPO out there worth his salt knows that when an ensign feels called upon to get into the equipment in that detail, there is something badly, very badly wrong . . . as was in fact the case).  I was able to run the problem down to one of the multiple equipment cabinets that made up the suite.  I asked both of them, face-to-face and point blank, whether they had tested each of the specific electro-doo-dads in that cabinet.  As in tested this one? and this one? and this one?  Oh yes, sir; we’ve gone through them all with a fine-tooth comb.  Zero idea of what to do next.  In desperation I borrowed a missile firecontrolman from the missiles officer (he was an FC2, I think), and in less than an hour he had identified the precise problem: a blown diode or some similar thingummy . . . in exactly the cabinet I’d located.  A bit of soldering work and we were no longer blind underwater.

My next chief was at the opposite end of the spectrum.  I could (and in fact, by reason of my other duties, often did) run that division by periodically calling up the workcenter and asking him how things were going.  “Just fine, sir,” to which I was happy to be able to reply with confidence, “Good.  Let me know if that changes.”  He was known as being somewhat prickly, but I got along with him by letting him do things his way with very few exceptions, and on those cases I could carry my point by pointing out, “Chief, you’re just gonna have to indulge me on this one.”  That’s not a silver bullet that can be fired frequently and I didn’t.  We got along extraordinarily well.

All of which is to say that there is a helluva lot more to being a chief than knowing how to put together a PowerPoint presentation, or mouth the latest slogans, or conduct sensitivity training so no one’s feelings get hurt.  Being a Chief Petty Officer was more than a uniform.  It was more than a paygrade.  Watch the video at the link; every sailor in the navy gets to watch the Forrestal catastrophe.  Read out Battleship Sailor, by Theodore Mason (it’s a great read, and an insider’s glimpse into a world that once existed and was blasted away, literally in a matter of hours, viz. the pre-war battleship navy).  He was a junior radioman in USS California (flagship of the Pacific Fleet Battleships) on December 7, 1941.  His chief was Chief Radioman Thomas Reeves, who was (posthumously) awarded the Medal of Honor for his actions that day.  Folks, that’s why you have Chief’s Initiation.  It’s the difference between having as your senior enlisted some community organizer on the one hand, or on the other having some guy who’s pissed more salt water than you’ve seen go by the bow, and (very respectfully of course) has socks that have been in the navy longer than you have.  Sir.

So yeah, what he said.

Youth Before Bottom

Over at Neo-Neocon there’s an interesting peek at some passages from a book by the (now recently deceased) Michael Hastings.

Gentle Reader will perhaps recognize Brer Hastings as the reporter who, having been permitted nearly unprecedented access to Genl Stanley McChrystal (and his senior staff), at that time commander of the U.S. Central Command, abused the privilege of candor to wreck a splendid officer’s career. McChrystal’s most prominent prior command was the Joint Special Operations Command, whose godfather he apparently was. A rather close friend of mine from childhood served under him as a major and later lieutenant colonel, and based on his impressions of McChrystal I think it’s fairly safe to say that the general will be remembered when Hastings’s own grandchildren barely recall his name. 

Whatever.

The post focuses on a vignette from Dear Leader’s 2012 re-election campaign. All the cheerleaders reporters are gathered in some watering hole, and The One graces them with His Presence. The gab-fest is strictly off-the-record, of course (a privilege McChrystal doesn’t seem to have been afforded, by way of comparison), but Hastings describes the aura, the mood of pre-pubescent giddiness that the Coolest Cat in the High School is actually there. Among them. Really talking to them, caressing the small of their slapping them on the back and telling them he really liked the way they danced what a terrific job they were doing for The Cause. After he leaves they’re all – all of them – breathless with what can only be described as partially-slaked lust, and they spend the rest of the evening re-living every last little moment of it.

“We were all, on some level, deeply obsessed with Obama, crushing hard, still a little love there. This was nerd heaven, a politico’s paradise, the subject himself moving among us — shaking our hands, slapping our shoulders!”  One can almost picture the sweat of excitement on their downy upper lips – he talked to me; he really talked to me!! He said he likes how I dance! Hastings declines to share what was said (again, a privilege denied McChrystal), but he pretty nauseatingly serves up the fact of the meeting and the atmosphere.

 His fellow reporters got all hot and bothered because Hastings actually kissed the quarterback and told about it violated the off-the-record nature of the meeting.  And Dear Leader’s campaign staff also got all stern-faced and told them that they might not let them give the quarterback a hand-job again get that sort of access in the future.  Kicked him off the campaign airplane for a month.  And so forth.

Neo-neocon wonders about just what is it about all these reporters that makes them so utterly, joyfully, wilfully vulnerable to this sort of pimply-faced-girl-at-the-prom excitement. Of course there’s the ideology thing going on, something that Hastings thought himself clever to glory in. But as Neo-Neocon points out, there’s something else in the mix, too: the uniform youthfulness of the reporters. For them, this is the Big Dance. There’s nothing bigger. They haven’t spent thirty years on the government beats, figuring out who’s lying, who’s on the take, who got the contract because his uncle golfs with the mayor’s brother, who’s bedding whom and who thinks he’s the only one in line. They’re profoundly ignorant of human nature, in fact. Not to say they’re uneducated, because amazingly some of them boast fairly impressive academic credentials. And that’s part of the problem as well, as Instapundit has noted on several occasions. This bunch – and even though it displays its full I’m-sure-he-didn’t-mean-to-do-that-to-me-at-least-not-on-the-first-date saccharine sweetness in support of the Big O, they’re very much a bipartisan species – is “credentialed, not educated,” to use the Blogfather’s expression. Every politician who makes it to the top of their particular dung hill is The Second Coming (no pun intended, that time at least) and the Answer to all the world’s problems. Not a face in the crowd blew a snot bubble out its nose when Dear Leader proclaimed the occasion of his having secured the nomination – before he was actually nominated, elected, or served a day – as the moment in time when the entire damned planet began to cool off and the oceans recede. I mean, didn’t he ever, in his high-priced-modest-achievement schooling ever, run across the story of King Cnut?

And then I ran across this over at the AP, on how the IRS now admits that its targeting of Americans for their political beliefs was much more extensive and longer-lasting than they’ve admitted. The story’s got the picture of the acting Commissioner of Internal Revenue right under the headline.  His name is Daniel Werfel, and he’s every bit of 42 years old (according to this story in The Kansas City Star). Goes by “Danny.”  And he’s in charge of the IR of S? Huh?? It’s as if they pulled some fifth-grader out of the Red Rover line and shoved him behind the principal’s desk. The job is one which even more at the present than normally demands the wisdom of King Solomon himself.  Werfel’s Job #1 right now is to repair this rent in the American polity that the administration has torn from the crown to the floor. It requires someone who can look at a room full of people and tell them that he quite understands that they’ve always done business this way, but their way is wrong. Not mistaken, not unpopular, not embarrassing, but morally reprehensible. It requires someone who’s had enough under his belt to look the president himself in the eye and tell him to go pound sand. Someone who cannot be frightened by threats to his future career. And this is who they come up with.

While Danny’s got a pretty slick c.v., he does not appear to have picked up on the notion that, when you’re caught lying, Step 1 is to stop lying, especially when it’s so easy to check up on what you say.  Sure enough, among “Danny’s” first actions was, true to the pattern of his bosses, to lie in public.  [Update: 27 June 2013:  The IRS inspector general shoves Danny’s face into the turnbuckles.  He states that his audit “did not find evidence” that the lefty groups were selected for political reason, while “multiple sources” of evidence corroborate the political targeting of the non-lefties.  Copy of the letter here.]  According to him, the IRS was doling out similar treatment to groups that had words like “progressive” and “occupy” in their names and in fact to groups across the political spectrum.  The AP reports, “‘There was a wide-ranging set of categories and cases that spanned a broad spectrum’ on the lists, Werfel said.”

That statement makes it seem like everyone was getting the Gestapo treatment that the conservative groups got.  Except that wasn’t the case at all.  The National Review has obtained a 2010 version of the target list.  In point of fact it does show that lefty group names were on the “watch list.”  But here’s the kicker:  They were flagged as being inappropriate for § 501(c)(3) status.  This should surprise exactly no one, as § 501(c)(3) status prohibits any political activity.  The tea party, pro-Israel, anti-Obamacare, and similar groups were not applying for § 501(c)(3) status, but rather § 501(c)(4) status.  As to those applications, the IRS target list provided, for tea party groups, “Any cases should be sent to Group 7822”; or, for healthcare-act specific groups, “Group 7821”; or, for pro-Israel groups, the anti-terrorism group, 7830.  All of those are apparently Washington-based organizations.  As the National Review correctly points out, what this meant was that applications under § 501(c)(4) for “progressive” or “occupy” groups could be approved locally, in Cincinnati, while their tea party/anti-ACA/pro-Israel fellow-applicants got shipped off to Washington (there also goes by the boards the assertion of “just a few rogue agents in Ohio”).  In fact, from the document it doesn’t appear that the leftish § 501(c)(4) applicants were flagged at all for any reason.  By the by, the same 2010 list is referenced in the AP’s article, but it makes no mention of the easily-ascertainable points of distinction, and in fact reports the document as if it supports the notion that everyone was all in it together, when precisely the opposite is the case.  Objectivity in action, in other words.

So Danny, a career government hack, put in a position at the head of an agency whose credibility is in tatters, leads with bullshit.  How like a 42-year-old looking out for his future.  There’s nothing wrong with 42, by the way. The Founders thought 35 was plenty old enough to be president. Of course, back then by the time you were 35 you’d probably have outlived at least one wife and several children and more than a few of your siblings, you’d have weathered crop failures, a few Indian raids (if you lived on the frontier), bankrupt business associates nearly wrecking your life, at least one bout of a life-threatening disease, and so forth. You’d have accepted responsibility for the lives and fortunes of others at numerous points along your path. Since the 1960s what has been among the most prominent tendencies in American society? The progressive infantilization of the adult population. Now we’re supposed to glorify the 50-year-old who wants to act like he’s 30. The strutting, swaggering, loud-mouthed, in-your-face, I’m-not-takin’-that-offa-him world of the high school locker room is elevated to an ideal mode of existence.

That this is a fairly recent phenomenon can be pretty convincingly shown by contrasting the bearing of five under-or-near-fifty presidents. Theodore Roosevelt, John Kennedy, Wm Clinton, Geo. W. Bush, and The One. Seriously now, can anyone imagine for a moment either TR or JFK carrying on like Dear Leader? Or willingly associating with the folks he chooses to hang with (Jay-Z, anyone? can you really see JFK offering to shake his hand?). Would TR have sucked up to Geo. Soros and his ilk? Can anyone picture JFK whining like Clinton or The Won had he got caught having it off with the help?

Bush of course had the example of Poppy, but I’ll not attribute his behavior in office solely to the notion that it was beat into his head when a little scrubbed-face boy that Bushes don’t act like that (in no small measure because until he was 40 or so he in fact very much behaved like that). Bush got him a snootful of Jesus along the way somewhere. He acknowledged himself a sinner. This realization, if internalized fully, is not of small import. To confess oneself a sinner is to admit one’s inherent, irremediable imperfection, to step up to the plate and lay bare the blackness of one’s soul, and to accept that it is not of one’s own efforts that one is redeemed from the eternal damnation and suffering that is what one genuinely deserves, but rather by grace (I’ll leave the works debate to the theologians) which comes not of this world and which is freely given, wholly without meritorious claim upon it. I find God-botherers as annoying as the next guy, but if you truly have been blessed with a conversion experience, if you truly have made that commitment (and I’m not aware of anyone challenging W’s sincerity on the point) such that it becomes a part of who you are, then I’m going to submit that certain forms of behavior become off-limits to you, and that limitation proceeds from within you. Behavior, for example, like Dear Leader’s.

Age in short isn’t some talisman. But someone 60 years old today was born in 1953, and would have been sixteen the summer of Woodstock. What kind of young adulthood is that person likely to have had, relative to someone now 75, born in 1938? That 60-year-old’s earliest concrete memories are likely to involve who was the first on the block to get a television set. The 75-year-old’s are likely to involve seeing the newsreels from when they liberated the concentration camps. Or the troop trains carrying the wounded back home. Or the shriek as your best friend’s mother saw the black sedan stop in front of her house this day, followed by a quick glance at the small blue star in the flag in her front window, a star soon to change to gold, and a once-familiar face and voice forever to be frozen in the awkward pose in the photograph on the mantel. Or (as my mother still remembers) the troop trains full of Germans and Italians, captured in North Africa and absolutely thrilled to bits to be sitting on a railroad siding in Vincennes, Indiana, waiting to cross the bridge over the Wabash River (instead of trooping off into oblivion in the Soviet Union’s vastness).

How likely are we to find in the age cohort of the acting IRS commissioner the degree of what the British know as “bottom” necessary to remedy the damage that has been done in the past five years? How likely are we to find a press – free or otherwise – of Michael Hastings’s age peers and with the skepticism necessary to demand the truth and know when they’re not offered it? It’s out there, but how likely is it to arise to where it can do some good?

Somehow I question whether “Danny” Werfel is going to prove a Daniel come to judgment.

Seven for Silvio; or, Sen. Bob Menendez (D-NJ), Call Your Office

. . . and in fact while you’re at it, burn your paper calendar, purge your e-mail and phone contact lists, and maybe go ahead and take holy orders.

Well, perhaps not, since ol’ Sen. Menendez has the correct letter (it’s “D,” in case you hadn’t already figured it out) after his name.  He gets to do pretty much as he pleases, using his influence to get free, undisclosed multi-thousand-dollar flights to Caribbean vacation get-aways at donors’ private retreatshook up his donors with half-billon-dollar contracts, cavort with harlots (which he denies doing), and whatnot.  And now go rolling in warm Puerto Rican with another man’s wife.

Poor Silvio, on the other hand.  He’s drawn seven years for organizing underage whores for a blow-out at his villa.  Hilarious note:  The prosecution had only asked for six.

What good is it being rich as God, a media baron, and a former prime minister to boot if you can’t plumber 15-year-old hookers in the privacy of your own villa?  According to the write-up, the girl herself testified he didn’t put it in.  They (the troika of three judges . . . all females, by the way (I’m tellin’ youse da fix wuz in!!)) not only got him for the statutory rape charge (or whatever it’s called in Italy), but also for abuse of his official position when he got her out of jail. The line he gave was — no, seriously — if they didn’t let her go it might cause diplomatic problems because she might be Hosni Mubarak’s niece.  It’s true, her passport does list “Mubarak” as one of her surnames, but (i) she’s Morroccan; (ii) he’s Egyptian; and, (iii) if I’m a dictator’s niece, I’m sure as hell not going flat-backing to make a living.  I might not give it away, to a prime minister or any other john boyfriend of the moment, but I’ll take my compensation in the form of a Bentley or a few grand worth of diamonds to set off my hair.

Some people just can’t take  joke.

Barbarossa and The Silence of the Lefties

If a foolish consistency is the hobgoblin of little minds, then what is an evil consistency?

On June 22, 1941, Hitler’s Germany launched Operation Barbarossa, the invasion of the Soviet Union. Hundreds of thousands of troops, thousands upon thousands of tanks and aircraft, even greater numbers of trucks and transport all poured across the frontier. It remains and perhaps will forever remain the largest single unitary military operation in history. Germany’s assault caught the Red Army not completely unprepared, but largely so. Most of their air force was destroyed on the ground, the first day. Writing on the vast canvas of the Eastern European plains, the Wehrmacht wrought large the tactics their parents’ generation had first pioneered (ironically, also in Russia) in 1916-17. Seeking weak spots, avoiding confrontation with strength, surrounding, always surrounding, the Germans bagged hundreds of thousands of prisoners at a time in enormous encirclements. It was more than a bit like modern industrial drift-net fishing.

For decades the standard line on Stalin was that he’d finally met his master in treachery. Koba had trusted Adolf, you see; he’d trusted him to abide by the Soviet-German Non-Aggression Treaty signed back in the warm August night of 1939, when Molotov and Ribbentropp whacked up Poland and the Baltic countries between them. Under the commercial arrangements entered into, Stalin kept up his deliveries of oil and other strategic materials literally until the last minute – the final train crossed the border into Germany less than eight hours before the invasion. Later more revisionist histories I’ve read deny that Stalin was duped. According to them Stalin was playing desperately for time while he in fact prepared his own attack on Germany. Under the newer theory, Hitler simply got the drop on him. 

Of the two opposing theories of “what in the hell possessed Stalin?” I have to say I like the newer one better. It has the advantage of being perfectly consistent with everything else that has ever been known about Joe Stalin. The original take requires one to accept the proposition that someone as cold-bloodedly calculating as Stalin just this once, and despite years of careful observation, behaved utterly unlike his past and subsequent actions. To get an idea of just how devious he was, there is good indication – now that the NKVD archives have been at least partially opened – that the Germans’ surreptitious poison pen correspondence fraudulently implicating Marshal Tukhachevski and others in sundry plots against Stalin, which were filtered to the NKVD, and which then became part of the basis for the disastrous 1937 purge of the Red Army’s senior command, were in fact planted on the Germans by Soviet agents whose mission was to set up the Red Army commanders. Someone who could cook up something that sinister is supposed to have been taken in by a man as un-subtle as Adolf Hitler? Leopards do not change their spots, and then change them back. 

It wasn’t as if Hitler hadn’t bird-dogged his intentions in the East for years, after all. As early as the first volume of Mein Kampf Hitler had proclaimed the need for Lebensraum for the German people, and identified the only place in Europe for that living space to be acquired. Although the National Socialists had originated as a garden-variety leftist party – the original name, which it still carried the night Hitler attended his first meeting in 1920, was the Deutsche Arbeiterpartei, the German Workers Party – no later than June 30, 1934 the few remaining leftish elements were killed off in Hitler’s orgy of retribution. The constant bogeyman the Nazis held up to the Germans scared stiff by the social and economic upheavals of the post-war period was the communist, red in tooth and claw. The skulls the Sturmabteilung cracked during the early 1930s were largely communist skulls. 

Oddly enough, it doesn’t seem as if Germany played nearly the role for Stalin that the Soviet Union did for Hitler. Russians in general and Stalin in particular were so over-the-top paranoid of everyone that I’ve never noticed in any history or biographies of the times or key players any especial pattern of concentration on Germany or Hitler. In fact, among the most frequent bogus allegations of espionage hurled against Stalin’s victims was spying for Japan and for Britain. Germany was lumped in with China, with Argentina, and other equally-improbable countries. 

The Comintern (which Stalin also ruthlessly purged in the 1930s) was a different story. Germany was very much a focus of their squawking. It was the communists and the socialists who were the first groups to go behind the barbed wire in the newly-created concentrations camps. They were the first who were systematically disappeared after the Gleichschaltung. It would have been curious indeed if the Comintern had not damned Hitler and his movement to all who would listen and most who wouldn’t (like the various fans of the Nazis elsewhere in the world . . . like Franklin Roosevelt, Charles Lindbergh, and the rest of them). 

The Comintern of course took its marching orders directly from Stalin. They screeched about what he told them to screech about, and about nothing else. That last is important to realize. The Western communists bewailed (properly, let it be remembered) the evils of the Nazi regime long and loud, from the time of its coming to power. All the way up, that is, until August, 1939 and the Molotov-Ribbentropp Pact. After that point the word went out that Germany was off-limits. 

And the commies the world over meekly took their marching orders and clammed up about the man and party who’d imprisoned and killed their comrades. 

Why is this important, Gentle Reader asks, and what does this not-quite two years of silence have to teach us today? It is important today because there is a straight line between the Comintern of August, 1939 – June 22, 1941, and the modern American left. For starts, the modern American left is much more radical than used to be the case. Once upon a time the left was all about not hanging people because they had the wrong skin color, or not allowing employers to view the female staff as random bed-mates. While the New Dealers were enthusiastic fans of socialism, both in its Soviet and Nazi manifestations, their socialism was very much softer around the edges. 

As inspector Clouseau would say, not any more. In today’s left the Alinskyites have triumphed, and are much closer to their 1930s communist ancestors than they are to the New Dealers.  The philosophy behind Cloward and Pivens’s “The Weight of the Poor” (about which I am working on a rather lengthy post . . . honestly I am) has now become the central pillar of the Democrat Party program, at least at the national level. That philosophy can be pretty neatly summed up as the use of transfer payments to cement electoral coalitions of people who otherwise haven’t the least affinity for each other. It is neither more nor less than the notion of spending other people’s money to maintain oneself in power. The mathematics of that approach are not without their outer limits, as Detroit and Illinois are discovering. 

Or at least the math is not unlimited so long as you cannot keep your population in place and under your thumb. There is a reason that all the various 19th Century utopian settlements eventually blew up. Without coercive power to keep people living there, they leaders of those efforts had no way reliably over time to enforce the penny-ante socialism that was all those places’ organizing principle. Nowadays the tourists go and spend gobs of money eating over-priced food and staying in over-priced rooms to sleep on uncomfortable beds in New Harmony, Indiana. Nowhere does anyone point out the moral violence that was the foundation on which it was built. That “new harmony” was the harmony of the plantation, of the Kolyma, of the Belomor. 

But what if you could run an entire country like Detroit? Now there’s an idea. It’s much harder to get up and leave your country than to let your Camden, New Jersey tract house go up the pipes for unpaid real property taxes and move to New Hampshire. Millions of Europeans left for our shores during the 19th Century in order to escape the lash, the press gang, the tax collector.  But as great an influx of humanity as it was from America’s perspective as the destination country, I still don’t recall that a single European despot changed his manner of operating one iota because of losing population to the U.S.  The overwhelming majority of people stood still and took it (aside from the revolutions of 1830 and 1848), and at that level of population retention and growth (recall how explosively Europe grew in that century) there was simply no demographic incentive for the tyrants to change.

The current administration of Dear Leader has exactly such a transformation in mind for the entire country.  We are all to become Detroit writ large. He’s never made much of a secret of it, either.  While he was just a “community organizer” and all the while he was running for his various offices he kept trumpeting his intent of “fundamental transformation” of American society and polity. It is irrelevant to him and his supporters that in order to crush dissent you have to use the IRS as your political enforcer; that you use the ATF and OSHA to threaten the very livelihoods of people who too effectively oppose what you’re trying to do. Have the U.S. Attorney General sue every state and county he can find which looks like it’s making actual progress towards ensuring that all but only eligible voters vote in elections? Not a problem. It’s all in the service of a higher goal. 

And from the self-appointed Fourth Estate, the forever-patting-themselves-on-the-back watchdogs of democracy? Crickets. Nothing. They even accept instruction from the administration about what they can and cannot quote insiders as saying, meekly submitting their copy beforehand for approval of quotations. The DoJ decides to wiretap their phones in order to catch a leaker who let out secrets no worse than what the president himself brags about (remember it was Dear Leader who boasted that we were behind Stuxnet, the computer malware which came within a whisker of crashing the Iranian nuclear weapons program), and the press just makes propitiatory grimaces and promises to be even more subservient in the future.

These days in the press it’s no longer about truth, about things which you can say in fact happened or didn’t happen, and then go check it out for yourself.  Now it’s about “The Narrative,” a mind-set which gives us Journolist, and the expression “fake but true.”  The Narrative is, of course, what you want to be true, or perhaps more cynically expressed, what you want others to believe to be true.  “Truth” is what tends to establish The Narrative.  Gentle Reader will recognize the circularity of the dynamic: narrative is what is to be “true,” and “truth” is anything which confirms narrative. 

Once upon a time a paragon of the American left, Daniel P. Moynihan, famously observed that while everyone is entitled to his own opinion, he is not entitled to his own facts.  Poor Danny Boy; so behind the times.  Nowadays we have supposedly learned folks asserting, with all seriousness, that “we each have our own truth.”  By that standard the Holocaust deniers are not in fact deniers; they’re merely asserting “their own truth.”  In this connection it is not unhelpful to remind ourselves that one of the foundation stones of this mindset, “deconstructionism,” was the bastard offspring of a gentleman name of Paul de Man, who ended his days full of honor and years as a professor at Yale.  The essential assertion of deconstructionism, which has — by their fruits shall ye know them — further spawned such intellectual nonsense as “critical legal theory,” is that words, and therefore texts, mean what the beholder chooses they should mean. That of course is a suggestion pregnant with foreboding for the public sphere, because it then becomes vitally important to be the one who chooses the beholder, the actors whose office it is to behold texts like the constitution for all of us, and to command the application of that meaning upon all our backs.  Yes, dear Prof. de Man ended his days at Yale, but that’s not where he started out.  He wasn’t born American, you see; he was born in Antwerp.  And during the Nazi occupation of Belgium he wrote over 200 articles for a collaborationist newspaper.  Two hundred.  For a newspaper collaborating with a country that’s invaded and raped your country twice in as many generations.  Not exactly a youthful indiscretion, is it?  But if nothing has irreducible meaning, then it really didn’t count, did it? 

Fast forward from the Stalin-worshippers and Nazi collaborators.  How about all the lefty outfits that spent the entire eight years of the Bush 43 presidency weeping and lamenting the civil rights cataclysm of warrantless wiretapping of international communications? Now the FBI admits to using drones to spy on American soil and you can hear a pin drop in the meeting hall. It takes a filibuster on the U.S. Senate floor before the administration will state, in so many words, that it does not claim the authority to order the extra-judicial killing of American citizens on American soil. One of the most justly feared and historically abusive government agencies of all – the IRS – is unashamedly used as a tool to silence a great chunk of the American political spectrum, and from the liberty mavens we hear . . . nothing. Zero. 

It is so important to today’s left that the aspiration of breaking American society succeed that no hint of criticism may be allowed to disrupt it. The reduction of the citizen to become the tool of the state – which is the sine qua non of all leftist hope and ambition – is so important, so close to realization, that it is worth accepting anything, any violation of principle, any swallowing of pride to bring it off.

How again is this silence in the face of violence to the supposed pillars of the lefty faith not indistinguishable from the Comintern’s silence as Hitler rolled over Poland, and France, and the Low Countries, and Denmark, and Norway?  I assert that precisely the same philosophical mechanisms are at work now as were at work then.  The left, both then and now, demonstrates a remarkably consistent acceptance of outright evil if commanded by one’s political bosses.

But Gentle Reader will counter that this trait of the left is not peculiar to the left.  I do not think so.  Recall that it was senior Republicans on the Hill who went to Nixon and told him the game was up (recall also that one of the articles of impeachment was using the IRS in manners indistinguishable from Dear Leader’s deployment of it).  The American right has supported unsavory characters over the years, but if we look at those, the common thread is that they were unsavory characters who were actively engaged in combat against communist subversion of nations.  At the most you can accuse the right of having supported evil to fight evil (and in this connection we might remind ourselves of Churchill’s comment to the Commons that if the devil himself would ally himself in the fight against Nazi Germany, Churchill would find something good to say about him on the floor of the House).  I would challenge Gentle Reader to find a single instance in which large numbers of the American right have supported or held their peace in the face of someone or something as indefensible as Hitler.  Or have engaged in the organized suppression of information in the manner of the Journolistas.

No, conscious support of evil men and evil measures for purely political (as in partisan) purposes is a copyrighted trademark of the left.  All of which makes one wonder, with trepidation, whether there will occur another — mercifully, and as we piously hope, non-military — Barbarossa moment for today’s lefties.

As the Ripples of Domestic Espionage Spread

So the other morning, well before sunrise, I’m lying there in bed wide awake and trying not to think of anything that will keep me awake.  No, that didn’t work out real well.

I am of course a lawyer.  In fact I am a country lawyer.  My clients are area pepole and businesses, their families, and so forth.  Not exactly the book of business that a large city firm is going to bring me in as a partner to acquire, as I think I’ve finally got the wife to understand after almost 20 years of this.  But my clients like anyone else are tremendously keen on their own privacy, and are entitled to be that solicitous of it.

Back in the late-middle 1990s, there was a formal ethics opinion released (can’t recall whether it was our state ethics weenies or the ABA) on the propriety of communicating with clients via e-mail.  The opinion allowed that it was acceptable, and the stated reason for that conclusion was that there was no reason to suppose that e-mail was any materially less secure than the U.S. postal system.

Errrmmm, fellows:  That assumption is no longer warranted.  The few things that have been disclosed about the surveillance capabilities are frightening enough.  The one thing of which we can be sure is that the Director of National Intelligence is willing to lie to Congressional committees.  So are the senior staff of the IRS.  So is the U.S. Attorney General.  So is the former Secretary of State.  And so forth.  We must therefore assume that we have not been told the full extent of what they can do, what they have been doing, what they have been doing with it, and to whom that information has been further disseminated and for what purposes.

Thus, yesterday I sent the following letter to the chairman of our state ethics weenie commission:

I am writing you in your capacity as chair of the Board of Professional Responsibility to request a formal ethics opinion from the board in respect of the following questions:  

Q: What duty does a lawyer in  have to advise those of his clients with whom he communicates telephonically or via e-mail of the existence of federal domestic espionage programs under which undisclosed amounts and kinds of information and data is harvested from those communications by undisclosed agencies to be used for undisclosed purposes?  

Q: In light of the known existence of domestic espionage programs of undisclosed intent and purpose, may a lawyer ethically continue to communicate with his client other than face-to-face or via paper mail, with or without disclosure of the risk of espionage?  

Formal guidance on the subject for the practicing bar in <my state> is necessary because recent revelations – which I must emphasize are very fragmentary – render incorrect the foundation of the board’s earlier formal opinion that electronic mail is a permissible form for attorney-client communications. That opinion expressly stated as its basis that there was no reason to assume that e-mails were any less secure than the United States Postal Service. While no doubt true at the time, no reasonable person can make that assumption after what has come to light in the past weeks.  

I also emphasize that formal guidance from the Board is indispensable because as now appears to be indisputably the case, various agencies of the federal government are in fact willing to cooperate with each other in using the information each gathers for partisan political purposes. It is now conceded that the Internal Revenue Service targeted for adverse action an entire segment of the American political spectrum, and that at least some of the targets of its attentions were then subjected to otherwise-unexplained attentions from ostensibly unrelated federal agencies (e.g., the ATF and OSHA), or other divisions within the IRS itself, such as gift tax audits of donors disclosed on tax-exemption applications. It is likewise now known that the Service released to its political opponents confidential information in respect of an applicant for a tax-exempt ruling while the application was pending – a criminal offense.  

Under such circumstances no reasonable person may assume that the contents of any communication which is subject to being monitored – as we now know e-mails and telephone calls to be – will not be harvested, disseminated beyond its announced user, and deployed in manners directly targeted at one or more of the specific parties to a communication, for the purpose of injuring that party’s interests. Protestations to the contrary by federal bureaucrats are not entitled to be believed, whether made under oath or not.

I must say that I have no reasonable expectation of hearing back from them, either personally or via actual action on their part. 

 In the meantime, I have added to my usual “please trash this if you’ve received it erroneously” and IRS Circular 230 notice e-mail “signature” the following:

Federal Domestic Espionage Warning.  This e-mail may be routed over communications networks which are the subject of active, non-disclosed monitoring and recording by agencies of the United States government and/or its contractors under one or more programs which may or may not be authorized by statute and/or permissible under the U.S. Constitution.  The nature and extent of information gathered through such espionage have not been disclosed, nor have been disclosed the purposes to which such information is put, nor have been disclosed the identities of any other agencies or entities to which such information is further disseminated.

At least they can’t accuse me of ignoring the issue.

[Update 05 Dec 13]  Back when I sent my request to the ethics weenies, I received what is likely their standard-form reply (reminiscent of “send this bastard the bedbug letter” of railroading fame) that they’d take it up at their September, 2013 quarterly board meeting.  It will surprise no one any more than it did me that I have yet to see any indication that they have engaged with the issue.  And of course the extent and detail of the monitoring that has been revealed in the interim has only got more alarming.  We now know, for example, that the NSA routinely shares information with law enforcement agencies, among them the DEA.  So how, if you practice criminal law, especially federal criminal law, do you communicate with your clients?  And if you practice immigration law?  Or in fact if you practice any kind of law where you have a federal or state agency as the adverse party?

On Not Judging Ideas by Their Proponents

Everyone is familiar with the notion that the Nazis came up with the concept of a nation-wide system of high-speed, limited access, heavy-capacity highways.  The story about Eisenhower being so impressed with them that he decided to cover Atlanta in concrete may or may not be apocryphal.  But just because a bunch of guys up to their eyebrows in innocent blood came up with the idea that we now know as the interstate highway system doesn’t mean it was or is a bad idea.  By like token the observation that the road to hell is paved with good intentions reflects the flip side of that coin.

It’s now breathlessly reported that Intuit, the folks who brought us Tim Geithner TurboTax, which permits millions of Americans to navigate, more or less successfully, a tax code that may as well have been designed to thwart that purpose, has spent quite a bit of money lobbying against having the IRS send you a “free” pre-filled-out tax return for you to amend, or not, sign, and send back with your money.  I don’t think anyone with more than just walking around sense is going to suggest that Intuit’s motivations here are anything other than stifling competition for its products.  If the government were to — on the pretext of reducing “greenhouse gases” — open a nation-wide chain of oil-change and tune-up boutiques, what do you think JiffyLube, Speed Lube, and the other major operators are going to do?  Just sit there while a taxpayer-subsidized competitor destroys their business model? 

Remember that “taxpayer-subsidized” means your competitor is not exposed to the vicissitudes of having to Get It Right.  That’s not an unfounded concern, either.  Part of my ability to stay in business is through knowing my job and my industry better, and delivering a better product at a lower cost to my customers, when my ability to set my cost to my customers is a direct function of how low I can keep my own costs.  Taxpayer-subsidization means that my competitor’s ability to beat me fair and square is not contingent upon his knowing his shit better than I do.  It doesn’t matter if he’s an idiot and his costs are sixteen times mine; he can still offer his products and services for half what I have to charge to make payroll and keep the lights on (let alone take something home to make the house payment and put a can of baked beans in front of the chillerns).  And because I’m a taxpayer too, my taxpayer-subsidized competitor is subsidized . . . by me.  And by the way, once he’s driven me and all the other un-subsidized competitors out of business, what’s the likelihood that his products and services are going to continue to answer the customers’ needs in a positive manner?  To put a more concrete face on it, what if Congress said that it was going to underwrite the entire cost of USPS package and parcel delivery service?  What’s going to happen to FedEx, UPS, Averitt, and the rest?  What’s going to happen to customer service in the package and parcel trade, once USPS is the only provider because no one else can match its prices?

But it gets better:  Notice how the putative IRS service is touted as “free”?  Well, it’s only “free” to the people who use it to file their tax returns.  It’s anything but “free” to the taxpayers who are paying for it.  Paul Caron, who blogs over at TaxProfBlog and whose ruminations on tax-related subjects are generally stellar (he regularly is voted by the ABA membership, with reason, as one of the top 100 law-related blogs), notes that this “free” service could be a good fit for up to 40% of all filers.  Well isn’t that grand?  I can’t say with certainty how much overlap there is between the 40% of all filers who would be suitable to use this Countrylawyer-subsidized tax-preparation service and the over 40% of the population that pays zero income tax, but I’d wager there’s quite a bit.  Let me get this straight:  I, who every quarter have to sweat how I’m going to pay my quarterly tax hit and pay the mortgage at the same time, get to subsidize a “free” service for the principal benefit of a bunch of folks who have either little, zero, or negative tax liability (the EITC crowd).  And kindly don’t suggest to me that the subsidy won’t be all that much.  California is at $910 million and counting (they asked for just over $940 million, by the way) on setting up their Obamacare exchange, when a private company — Esurance — that performs exactly the same functions as these “exchanges” for all sorts of personal lines insurance (not just healthcare, in other words) all over the country got off the ground for less than $50 million.  And in fact the linked article even mentions that the jury’s not back on whether this wonderful “return-free” system would save or cost the IRS money, on net.  Sorry, guys, this “free” stuff just ain’t gettin’ it for me.

Thus, while I’m not going to take Intuit’s arguments against “free” government tax statements, I’m also not going to write those arguments off as being invalid because selfishly advanced.

Other opponents of the notion point to the government over-reach angle of it.  Get a “filled-out tax return” from the government, based on information it claims already to be in possession of, and what does Joe Citizen do?  “Gosh, they say this is the information they have; if I deny it, am I just asking to get audited?”  Or the folks who think they’re signing up for a free tax filing service and who think that what the government sends them is an actual tax bill, which they then have to pay, and so they do.  Let’s think about this in an analogy to another situation in which a government agency not known for its friendliness to and accommodation of those citizens it does business with — your local DA’s office and police department — sits an arrestee down and shoves a bunch of papers in front of him:  “Son, this is what we’ve got on you.  You don’t have to sign this confession; you’re free to mark it up if you want.  But we’ve got you on this.”  Arrestee doesn’t have a lawyer.  Does he sign?  Is anyone going to argue that’s a really neat way to do business?  Does anyone fail to see how the IRS dealing with taxpayers in the same fashion parallels the objectionable elements of this hypothetical?

Oh but the IRS would never, ever do something like this, would it?  I’ll simply observe that this is a governmental agency which officially takes the position that a taxpayer may not rely, in preparing his tax return or paying his taxes, on the answers given to him on the IRS’s own customer service lines, established for precisely the purpose of giving taxpayers assistance with complying with their tax obligations.  I’m supposed to accept, blindly, this outfit’s goodwill and promise not to dress up its “free” pre-filled-out tax return to look like a tax bill?  Not to put its thumb on the scales and overstate citizens’ tax liability, on the theory that not one in four will be willing to check their numbers or pay a third party to do a reality check?  Not to flag for audit the returns that come back to them with disputed numbers?  I may be dumb as a box of hammers, but I’m not dumb as a quarter-box of hammers.

On a more value-neutral matter, having the government <nudge-nudge> fill in your tax return for you has the effect of concealing from the taxpayer the complexity and burden of the tax laws.  What would be the public reaction if local jails routinely kept prisoners rotting in their own filth, but drugged to the point of unconsciousness?  Is it a violation of my 8th Amendment rights if I have no idea where I am, who I am, what day of the week it is, or anything else?  One of the more salubrious side-effects of making citizens grind their own way through their annual tax returns is that it rubs our noses in just how buggered up our tax laws actually are.  It serves as an annual dose of outrage at what goes on in Washington.  I will state here as a categorical proposition that anything which fails to heighten Americans’ sense of outrage at how badly managed our country is can be nothing but bad policy.

Finally, there is a point to be made as to which I am of two minds.  For starts, I am entirely opposed to rent-seeking behavior, such as much of that engaged in by the legal system.  There’s a reason, after all, that you’ll seldom see the ABA get behind any legal reform which is likely to reduce the amount of lawyering that ordinary Americans and American business need to get from one day to the next.  You’ll never see the ABA’s monthly trade magazine ask whether Issue X is something that the law and the court system really need to get involved with in the first place.  A number of years ago one of the senior judges on the Second Circuit Court of Appeals (can’t recall his name, now, alas) let the cat out of the bag at some law-related conference.  He observed that if you pay close attention to how courts decide cases, you’ll almost never see an opinion cast in a way which fails to maximize the power and influence of lawyers and judges.  The notion that there even exists a multi-billion dollar tax preparation industry out there, which has no human purpose at all other than satisfying a gratuitously complicated and confiscatory system of tax laws, offends me. 

On the other hand, we do in fact have a gratuitously complicated and confiscatory tax system.  So long as we do, citizens are going to require help to navigate it.  There are private people and companies willing to do that, for a fee.  While the necessity for that service is an abomination, the fact remains that it is a necessary and valuable service which one private party may provide to another private party, to their mutual advantage.  And the other side of me has a serious problem with the government undertaking to do, and shifting the cost of doing to unknown third parties, anything which private citizens can accomplish in an orderly, efficient fashion.

I have to say, on the balance I’m with Intuit on this one.