Published: Tue, 06 Dec 2016 00:00:00 -0500
Last Build Date: Tue, 06 Dec 2016 13:24:45 -0500
Wed, 30 Nov 2016 00:30:00 -0500President-elect Trump says he's uniquely qualified to "drain the swamp" in Washington, D.C. He can do it, he said at one debate, because as a businessman, he understands American cronyism. "With Hillary Clinton, I said, 'Be at my wedding,' and she came to my wedding. You know why? She had no choice because I gave." He said that's why he gives money to politicians from both parties. "When they call, I give. And when I need something from them two years later, three years later, I call them. They are there for me!" That's crony capitalism. Ideally, laws are applied equally; no one gets a special break because he gives money. But today's complex government allows the politically connected to corrupt... most everything. Even parts of the government swamp designed to protect consumers, like Dodd-Frank banking rules, get corrupted. Banks watch little changes in rules far more closely than you ever will. Then they exploit them. Bank lobbyists make money off complex laws like Dodd-Frank. They fight tooth and nail to keep them, not abolish them. Congress recently almost got rid of one obvious example of crony capitalism, the Export-Import Bank. To encourage exports of American products, bureaucrats give loans to Boeing and other big companies. Some principled Republicans tried to eliminate this corporate welfare, but Ex-Im loans were voted back in during the final hours of budget negotiations. Government programs almost never die. Businesses in cozy relationships with government don't die either. Jeff Deist, president of the free-market Mises Institute, says when the housing bubble burst, banks should have been allowed to fail and put through "the bankruptcy and liquidation process." Investors would have lost big, but that's OK, says Deist. "That's the difference between free-market capitalism and state capitalism. With state capitalism, there are upsides for the parties involved—but no downsides." In the swamp, no one but taxpayers pays for their mistakes. Politicians routinely promise to change this culture, but once they get to D.C., they lose interest, says Trump. "They go to Washington, something happens—they become weak... I promise this is not going to happen to me." I want to believe him. But even if he were an utterly principled man—and I await evidence of that—it's tough to constantly say "no" to people. When you're in Congress, people ask you for money all day. "I need a grant for my charity—we do so much good!" "My business needs a subsidy/protective tariff—we employ so many people—in your state!" So it goes, week after week. Few people bother to go to Washington to ask for spending cuts. Even though America is heading toward bankruptcy, 90 percent of congressional testimony comes from people who want more stuff. Politicians' cronies get more stuff. Solyndra got half a billion dollars from President Obama. The company went bankrupt, which shouldn't be a surprise. Government has no way of knowing which ideas will succeed. But it's well worth it for companies to invest in lobbyists and fixers who dive into the swamp to extract subsidies. For taxpayers? Not so much. While the benefits to lobbyists are concentrated, taxpayer costs are diffuse. Solyndra cost each of us a couple bucks. Will you go to Washington to pester your congressman about that? Probably not. I want to believe Trump when he says he'll "drain the swamp." But it's easier to believe Thomas Jefferson who, with greater eloquence, said, "It's the natural progress of things for government to gain ground, and liberty to yield." Draining the swamp would mean not just taking freebies away from corporations—or needy citizens—but eliminating complex handouts like Obamacare. Candidate Trump said he would repeal Obamacare. Will he? He's already backed off of that promise, saying he likes two parts of the law—the most expensive parts. Every word in the register of federal regulations and laws has a special friend, a lobbyist (or 20) who will defend it, fight hard to make sure everything stays the same. Good luck draining that swamp, President Trump[...]
Mon, 28 Nov 2016 13:20:00 -0500The former chief of Alabama Gov. Robert Bentley's security detail, Wendell Ray Lewis, filed a lawsuit on Friday alleging that Bentley had admitted an extramarital affair to him, and accusing the governor and his alleged mistress, staffer Rebekah Mason, of invading his privacy by "putting him in a false light and position in the eyes of the public by stating that Lewis worked overtime which was not approved by the State of Alabama." The suit also accused the Republican Bentley, Mason, and other defendants of defamation, interfering with his post-retirement business relations, "constructive discharge," and misconduct. A 2014 al.com story by John Archibald, cited in the lawsuit, estimated that Lewis made about $203,000 a year because of overtime he earned "following the governor across the globe." At the time, Bentley said neither he nor anyone on his staff was involved in approving overtime, but defended Bentley's promotion, which had also been questioned by Archibald. Bentley's attorney called the lawsuit baseless, pointing out that much of it included allegations (which he says the governor denies) which "have nothing to do with the actual legal claims asserted" by Lewis. "Public records show that when Lewis worked for the state government, he made more than $661,615 over five years, based on the overtime he was paid," Bentley's attorney said in a statement. "But he chose to quit. That was his choice—no one else's," the attorney's statement read, noting Lewis was now receiving more than $87,000 a year in retirement income from the state. "But now he is trying to force the State to give him more money," the statement continued, "and to go so far as to extract money from the pocket of a governor who has never even taken a salary since he took office." In his lawsuit, Lewis alleged that by the fall of 2014 he was seeing subordinates he had supervised taking over his tasks, was frozen out of meetings, and stripped of various responsibilities, arguing that "over time the criticism, exclusion, and opprobrium became insufferable," resulting in his "early retirement" in 2015. Lewis alleges in the lawsuit that he had confronted the governor multiple times about the affair. "You know that you are getting into a touchy situation because we use state vehicles, we use state planes, to move about," Lewis said he told the governor. "You're requesting to put her in there, that's a problem. This is bigger than you and Rebekah. This is about the State of Alabama." Lewis alleges in the lawsuit that the governor asked him to break up with Mason for him. In March, the state auditor filed a complaint that Bentley and Mason may have misused state property. The affair was found out because the governor did not know his iPhone was synced to an iPad he gave his wife, according to the lawsuit, resulting in an incriminating recording eventually made public. Bentley apologized for making "inappropriate" comments to Mason but denied a physical relationship. He and his wife divorced last year. Lewis says the governor told him Lewis had done nothing wrong after the overtime scandal broke (the governor pointed out in a different recording made public that Lewis was paid a similar amount of overtime to previous security detail chiefs), but that after the governor hugged him, he knew he was in trouble. "When their conversation was over, Bentley hugged Lewis. Lewis knew that was it, the beginning of the end," the lawsuit reads. "He thought to himself, 'I don't know how Jesus felt when Judas betrayed him, but I felt I was being betrayed.' The only difference: Judas never hugged Jesus." Lewis also alleged that Spencer Collier, the now former secretary of the state law enforcement agency, told him that the governor had ordered him to use $430,000 in federal funds from the Department of Homeland Security to cover the salaries of the assistant to the chief of staff, the assistant in a Medicaid program, and the governor's legal advisor to "look fiscally responsible." This had left "some local police departments concerned that they w[...]
Tue, 08 Nov 2016 07:00:00 -0500
Election Day is upon us and Americans are heading to the voting booths by the millions. The choices before the electorate are, by and large, deeply unappetizing and, whatever the outcome of the elections, America's freedoms and institutions will likely continue to take a beating in the years to come. Last week, I looked at the state of freedom globally. Today, the focus is America.
First, consider the good news. The United States has maintained a perfect "democracy" score since 1871 and citizens continue to elect freely their local, state and federal governments.
America's record on protecting civil liberties, such as freedom of expression, also surpasses that of much of the world. Since Freedom House began collecting data on civil liberties in 1971, the United States has consistently received the best score possible.
Americans also have more extensive political rights than most of our fellow human beings, although the political rights gap is slowly narrowing.
Unfortunately, on several indicators, America has recently been trending in an unfortunate direction. Consider freedom of the press, measured on a scale from 1 (most free) to 100 (least free). Between 1993 and 2014, U.S. freedom of the press dropped by 10 points.
Government accountability (i.e., public perceptions of the extent to which citizens are able to influence their government) has also been deteriorating in the United States.
When it comes to corruption (i.e., perceptions of the extent to which public power is exercised for private gain, including both petty and grand forms of corruption, as well as "capture" of the state by elites and private interests), America's score is deteriorating.
The United States has also been falling in terms of government transparency, which measures the availability of credible aggregate economic data that a country discloses to the public.
Finally, consider economic freedom. Once again, we are moving—rapidly—in the wrong direction. Economic freedom in the United States still exceeds the world average, but if current trends continue, that will soon no longer be the case.
Americans have long enjoyed a level of freedom and quality of institutions that are still denied to the majority of humanity. But, if some of the worrying trends that can be seen above continue, America may not always be the "land of the free."
Tue, 01 Nov 2016 07:00:00 -0400These are interesting times to be an American. The people's trust in the U.S. institutions is plummeting and the outcome of the presidential election, however it ends, is unlikely to reverse that trend. Over at Human Progress, we have a whole section of the website devoted to "good governance" indicators. As you'll see in the charts below, it is a mixed bag. People around the world appear to be growing freer, but their governments are getting less transparent and more corrupt. Could these diverging trends be the key to understanding of the people's growing dissatisfaction with their ruling elites? Our political rights index reflects the ability of people to participate freely in the political process, including the right to vote freely for distinct alternatives in legitimate elections, compete for public office, join political parties and organizations, and elect representatives who have a decisive impact on public policies and are accountable to the electorate. On a scale from 1 (best) to 7 (worst), the world has experienced substantial improvement. Our freedom of the press index evaluates the legal environment for the media, political pressures that influence reporting, and economic factors that affect access to news and information. Freedom of the press, which is measured on a scale from 1 (worst) to 100 (best), is at an all time high. Our civil liberties index measures freedom of expression and belief, associational and organizational rights, rule of law, and personal autonomy without interference from the state. On a scale from 1 (best) to 7 (worst), the world has experienced considerable improvement since the early 1970s. Unfortunately, civil liberties have deteriorated somewhat since 2005. Our data on democracy versus autocracy over time codes democratic and autocratic "patterns of authority." It measures key qualities of executive recruitment, constraints on executive authority and political competition. It also records changes in the institutionalized qualities of governing authority. Country scores can be converted into three regime categories: autocracies (-10 to -6), anocracies or partial democracies (-5 to +5) and democracies (+6 to +10). Today, the average country scores a "4" and is considered a partial-democracy. The government transparency index measures the availability of credible aggregate economic data that a country discloses to the public. Here we have seen substantial deterioration since the apex of government transparency ten years ago. The corruption perceptions index scores countries on how corrupt their public sectors are seen to be, and captures the informed views of analysts, businesspeople and experts in countries around the world. Once again, corruption, which is measured on a scale from 0 (worst) to 100 (best) around the world, seems to be worsening. [...]
Mon, 31 Oct 2016 12:25:00 -0400You would think FBI Director James Comey had sent his Friday announcement to Congress on Trump-Pence letterhead the way Hillary Clinton and Democrats have responded. To recap, for the benefit of those who spent the weekend preparing their racially and culturally tasteful and sensitive Halloween costumes instead of following the news: During the course of investigating scandal-tainted Democratic former New York Rep. Anthony Weiner and an accusation he was sexting with a minor, the FBI found hundreds of thousands of emails on a laptop he and/or his likely-soon-to-be-ex-wife Huma Abedin had been using. The metadata suggested that many of these emails might have been sent to or from Clinton's private server. So now the FBI has to investigate to determine whether any of these emails were classified or were connected in any way to Clinton's previous mess. The letters may turn out to be duplicates or nothing interesting in particular. It seems very unlikely they're going to find any new smoking guns (insert joke about dick pics here). But Comey, after previously declaring that the FBI would not recommend any charges over Clinton's "extremely careless" handling of classified communications, decided to send a brief letter to various leaders in Congress to inform them that the FBI would be reviewing these letters to see if they were at all relevant to their previous investigation. His letter was brief (three whole paragraphs) and did not accuse Clinton of any wrongdoing whatsoever. But, boy, has that letter opened possibly a bigger can of worms than the Wikileaks email dump somehow. To this outside observer who is completely over the election at this point, Comey's letter looks like a simple ass-covering move so the FBI doesn't get accused of ignoring evidence. But to Democrats and the Clinton camp and some others, that short letter is a full-on assault on the democratic republic and the sanctity of this election. Over the weekend, dozens of former federal prosecutors signed on to letter criticizing Comey's decision to send the letter, noting: Director Comey's letter is inconsistent with prevailing Department policy, and it breaks with longstanding practices followed by officials of both parties during past elections. Moreover, setting aside whether Director Comey's original statements in July were warranted, by failing to responsibly supplement the public record with any substantive, explanatory information, his letter begs the question that further commentary was necessary. For example, the letter provides no details regarding the content, source or recipient of the material; whether the newly-discovered evidence contains any classified or confidential information; whether the information duplicates material previously reviewed by the FBI; or even "whether or not [the] material may be significant." Perhaps most troubling to us is the precedent set by this departure from the Department's widely-respected, non-partisan traditions. The admonitions that warn officials against making public statements during election periods have helped to maintain the independence and integrity of both the Department's important work and public confidence in the hardworking men and women who conduct themselves in a nonpartisan manner. The Clinton campaign took this call for respect for non-partisan traditions and tossed it right up on their website. Former Attorney General Eric Holder Jr. signed on to the letter and also wrote a separate commentary for the Washington Post saying much of the same things. The talking points have been established. This goes against procedure! This is not the way things are done! Even Libertarian Party vice presidential nominee Bill Weld criticized Comey's letter and said Attorney General Loretta Lynch should maybe step in and "order him to stand down" if more information gets leaked. Of course, law enforcement officials leak information to the press all the time. In fact, that might actually be a problem here[...]
Fri, 28 Oct 2016 10:55:00 -0400Tonight the Chicago Cubs will play the first World Series game held in the friendly confines of Wrigley Field since 1945. The cheapest price for a standing-room-only ticket on Stubhub is currently $1,700, and some season ticket holders are reportedly seeking upwards of $1 million for a chance to see the lovable losers take on the less-lovable historically-losing franchise known as the Cleveland Indians. The Cubs and Wrigley are both institutions of Chicago culture, and the team's first National League pennant in several generations is something even non-sports fans in the Windy City are understandably excited about, which is why some Chicagoans of means are willing to shell out thousands of dollars to watch a baseball game. But spare a moment of sympathy for Chicago's aldermen, those public servants making six figure salaries, who until very recently enjoyed the perk of being able to buy Cubs' postseason tickets at face value, rather than on the open market, like the rest of us commoners. The Cubs have long made a practice of providing politicians at every level the chance to buy tickets at face value, but according to Illinois Policy, the Chicago Board of Ethics ruled last week that city aldermen may only accept this perk if they are "performing a public, ceremonial duty, such as throwing out the first pitch or delivering a speech." Announcing the ruling, Ethics Board Chairman William Conlon said, "It is inappropriate under the circumstances for a group that has governance over Wrigley Field — everything from vendors to hot dogs to improvements to the stadium and building adjacent to the stadium — to accept preferential treatment from the Cubs," according to the Chicago Sun-Times. Alderman Roderick Sawyer reportedly responded as any precious snowflake would, arguing that he and his fellow politicians "should be able to take advantage of history." But even this tone-deaf sentiment was topped by Alderman Milly Santiago, who according to the Chicago Tribune is "a former journalist who campaigned for office on a platform of reform and anti-corruption." Santiago first complained that the playoff tickets she was previously able to purchase for a fraction of the price the public had to pay "were all the way in the upper deck...that's how bad those tickets were." Santiago added, "It's kind of embarrassing in my part...Those of us who would like to get a chance to go to one of those games and be part of history, we should have that choice." But Santiago has a choice, despite her statement that she is "a poor alderman" who "cannot even afford to buy a $1,000 ticket," despite earning a $116,208 annual salary. She could easily watch the Cubs game across the street at a Wrigleyville bar with the rest of the little people. And for a self-described reformer like herself, avoiding potential ethical entanglements should be of greater concern than whether or not she is able to attend a wildly expensive private event for pennies on the dollar. Santiago has since walked her complaint back, saying she "never intended to offend anybody" but insisted she's not rich "compared to so many people." Writing for Illinois Policy, Jon Kaiser says, "Chicago aldermen aren't used to being told 'no.'" Kaiser adds: Despite the city being dubbed the corruption capital of the country, aldermen have worked hard to shield themselves from any sort of oversight. They let former Legislative Inspector General Faisal Khan's contract expire without a replacement ready in 2015, thus making the office obsolete, and a group of aldermen changed a February ordinance to limit auditing powers of Inspector General Joe Ferguson. Aldermen's track record, though, would suggest oversight is needed. In the past 40 years, 33 of approximately 200 Chicago aldermen have been convicted of federal crimes, such as bribery, extortion, embezzlement, conspiracy, mail fraud and income-tax evasion. Telling these politicians they can't receive a luxur[...]
Wed, 26 Oct 2016 12:10:00 -0400Some Americans (typically on the left) habitually threaten to move to Canada if the presidential election doesn't go their way. Maybe libertarians should look overseas to Iceland. The small island nation of Iceland (population: 320,000) got a significant amount of attention during the banking crisis by not bailing out its financial institutions. It seemed to have worked out well enough for them. Iceland has also seen the rise of the Pirate Party as a political force. The Pirate Party is only a decade old, a small political movement focused on intellectual property reform, freedom of information, government transparency, opposition to censorship, and direct democracy. The party supports net neutrality as well, but otherwise, the average American libertarian would likely feel more at home with the Pirates than any other non-libertarian party. Reason has previously noted Pirate Party parliamentarian Birgitta Jónsdóttir trying to help Edward Snowden get asylum in Iceland before he ended up pretty much trapped in Russia. The Pirate Party had seen some modest success in Iceland, winning three seats in the country's lawmaking body. But after the release of the Panama Papers earlier in the year, interest in the Pirate Party skyrocketed. Americans may have already forgotten about the scandal, part of which was heavily about how public officials in many countries were hiding their wealth outside their home countries and avoiding taxes. Iceland's prime minister got caught up in the scandal when the papers revealed that he owned half of a company connected to one of the bankrupt banks and sold his share to his wife in order to avoid transparency requirements that went into effect in 2010. There were protests in the tens of thousands (massive, when you consider the size of Iceland's population), and he stepped down in April. Interest in the Pirate Party boomed in Iceland, and their polling support approached nearly 40 percent in the spring. They've dropped a bit since then, but they could pick up between 18 to 20 new seats in Iceland's parliament if these poll numbers hold up in their election Oct. 29. This would not give them control over parliament but would make them a dominant force. It's an important trend to pay attention to given the populist insurgencies we've been seeing in the elections both in the United States and in other Western countries. This appears to be just like all these other voter revolts (it's being treated as such in some reporting), but note how different the goals are. There's a push for limiting the power of government and therefore limiting the corruptibility of government that is different from what we're seeing here from Donald Trump and Bernie Sanders supporters. As Nick Gillespie has previously written, there tends to be a paradox that when people don't trust the government, the end result is often more regulation, bureaucracy, and control, not less. The Pirate Party and their potential success could be an indicator of a counterpush, just as increased in interest in the Libertarian Party's candidate this year gives voice to those who are frustrated with a government who is interested only in perpetuating an agenda that will make it grow more and more powerful over the lives of citizens. Read more analysis of the rise of Iceland's Pirate Party here. Read a Reddit "Ask Me Anything" (in English) with Iceland Pirate Party representatives here.[...]
Tue, 25 Oct 2016 15:40:00 -0400
(image) Former Pennsylvania Attorney General Kathleen Kane, a Democrat, has been sentenced to 10 to 23 months in prison after being convicted of multiple charges related to her efforts to embarrass her political enemies, including conspiracy, obstruction, and two felony perjury charges that carried a maximum sentence of 7 years each.
Kane did not resign her position until she had been convicted, and had insisted late into the process that she was a victim of an "old boys club" network she was trying to dismantle. This as she shut down corruption investigations into Democrats and among her first acts opened a seemingly politically motivated investigation into former Republican Governor Tom Corbett's handling of the Penn State child sex abuse scandal (unsurprisingly, no wrongdoing was found). An investigation into a turnpike pay-to-play scheme led to a number of plea deals but no official serving any jail time.
Her criminal convictions stemmed from documents her office leaked related to a 2009 investigation into an NAACP chapter president led by a prosecutor in her office she considered an enemy and which did not lead to any charges. The leaks were part of an effort to draw attention away from her shut down of the investigation into corrupt Democrats and her failure to secure prison terms for anyone implicated in the turnpike pay-to-play scheme. After her legal woes started, she began to investigate the exchange of pornographic, racist, and misogynistic messages sent by various state employees over government email, including two state Supreme Court justices who eventually resigned.
Wendy Demchick-Alloy, the judge who sentenced Kane, accused her of being a political neophyte who remained a campaigner after winning office. "This case is about ego—the ego of a politician consumed with her image from Day One," the judge said. "This case is about retaliation and revenge against perceived enemies who this defendant… felt had embarrassed her in the press."
Former members of her staff testified about the conditions in the office of the attorney general as the district attorney pushed for a stiff sentence. "Through a pattern of systemic firings and Nixonian espionage, she created a terror zone in this office," one prosecutor that worked for her told the court. Kane argued that the consequences of her actions so far—she lost her license to practice law and says she's lost her career and reputation as well—were punishment enough.
In addition to her sentence, Kane will be on probation for eight years.
Fri, 14 Oct 2016 16:02:00 -0400Sexual harassment and gender-based discrimination are "pervasive" in the King County Sheriff's Office (KCSO) claim a female sergeant and two former deputies in a lawsuit against the Washington county. The suit—which comes just three years after the county settled for $1 million with female detectives from its sexual assault division over claims of harassment and discrimination—suggests that not only were the women subjected to a hostile work environment but also retaliated against for speaking up about it. One was even subjected to an internal-affairs investigation instigated by Sheriff John Urquhart, the suit claims, even though it's highly unusual for a sitting sheriff to open an investigation. The case, which is slated to go to trial in January 2017, has already been stirring up new scandals, too, as various parties offer depositions and declarations. One involves Chris Barringer, Sheriff Urquhart's former campaign manager and current chief of staff, who showed a "significant response" to polygraph-test questions about whether he had ever solicited or accepted a bribe. The test, administered in 2012, should have disqualified Barringer from being hired by the sheriff's office. It didn't. Urquhart himself signed a document stating that Barringer had passed his polygraph test. And then there's D.J. Nesel, former head of internal investigations. Nesel sought whistleblower status in September after he was allegedly threatened by one of the county's lawyers over his plan to testify in the sexual-harassment suit. Nesel also stated under oath that at meetings, Sheriff Urquhart made disturbing comments about women which revealed "some deeply rooted issues going on there" and affected "his command and ... our department in a negative basis." Nesel would not reveal the exact content of Urquhart's allegedly off-color statements because the county asserted that it was privileged, since county lawyers had been present in the room with Nesel and Urquhart. For more details on the sexual-harassment lawsuit facing King County, and the one they settled three years ago, check out this story I wrote for The Daily Beast. It's full of disturbing details, but I'll just highlight one more: managers in the county's sexual-assault investigation unit allegedly joked regularly about "fantasizing and masturbating to the details of a sexual assault." They were also accused of much more, with at least 10 current and former KCSO employees attesting to their bad behavior as part of the 2013 lawsuit. After the county settled the suit for $1 million, Urquhart sentenced the two managers to one day's suspension without pay. Regular Reason.com readers might recognize the King County Sheriff's Office as the ones behind the January 2016 bust that took down sex-work advertising forum The Review Board and a slew of Korean escort-agencies under the guise of stopping human trafficking. I dug beneath the spin put on the story by King County law enforcement in a series of September articles: 'This Is What Human Trafficking Looks Like' How Washington Police Turned Talking About Prostitution into a Felony Offense From 'Prostituted Woman' to Human Trafficker In response, Sheriff Urquhart defended his department's work in shutting down the agencies and website, telling Seattle's KIRO Radio that if it meant sex workers sent back to the streets to find clients and work, so be it, because at least street-based prostitution didn't offer a "false sense of security."[...]
Mon, 10 Oct 2016 07:04:00 -0400During last night's presidential debate, Hillary Clinton bragged about her record during three decades in public life, but she neglected to mention what may be her most impressive accomplishment: She is mistrusted by more Americans than the legendary liar Donald Trump. Last night Clinton's handling of questions about her private email server and her private speeches showed how she managed that feat. More than a year and a half after The New York Times broke the story of what FBI Director James Comey later called Clinton's "extremely careless" email practices as secretary of state, the Democratic presidential nominee has settled on a response that approximates what she should have been saying all along. "I made a mistake using a private email," Clinton said during her first debate with Donald Trump. "And if I had to do it over again, I would, obviously, do it differently. But I'm not going to make any excuses. It was a mistake, and I take responsibility for that." She said something very similar during last night's debate but then could not resist the urge to immediately minimize the significance of her mistake: I think it's also important to point out where there are some misleading accusations from critics and others. After a year-long investigation, there is no evidence that anyone hacked the server I was using and there is no evidence that anyone can point to at all—anyone who says otherwise has no basis—that any classified material ended up in the wrong hands. As Comey pointed out in July, the fact that the FBI did not find evidence of hacking does not mean it did not happen: We did not find direct evidence that Secretary Clinton's personal e-mail domain, in its various configurations since 2009, was successfully hacked. But given the nature of the system and of the actors potentially involved, we assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton's use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton's personal e-mail account. Whether or not classified material in Clinton's email (material she initially insisted was not there) actually "ended up in the wrong hands," she recklessly took that risk, violating State Department policy (and probably federal law) in the process. But as debate moderator Martha Raddatz pointed out to Clinton, "You disagreed with FBI Director James Comey, calling your handling of classified information, quote, 'extremely careless.'" If that's not the mistake Clinton is finally admitting, what is? As with Trump and his "locker room talk," it seems clear Clinton's only regret is that she got caught doing something that made her look bad. The email scandal illustrates Clinton's tendency to pile lie upon lie instead of coming clean. She seems to be starting down that road with the excerpts from her closed-door speeches that Wikileaks revealed on Friday. In a 2013 speech to the National Multifamily Housing Council, Clinton cited Secretary of State William Seward's backroom lobbying for the 13th Amendment, which included what historian Joshua Zeitz calls "the brazen use of patronage appointments to buy off the requisite number of lame duck Democratic congressmen." That episode was on Clinton's mind because she had recently seen the Steven Spielberg film Lincoln, and this is the lesson she drew fr[...]
Thu, 06 Oct 2016 00:01:00 -0400There is a perverse symmetry on display in Afghanistan right now. Fifteen years ago, American warplanes bombed targets there, beginning an offensive against the Taliban government and al-Qaida precipitated by the 9/11 attacks. This week, they were in action once again. There was, of course, a big difference in the two operations. In 2001, our forces were opening a campaign that would end quickly in victory. Today, they are part of a war that has no victory, or conclusion, in sight. The original triumph came quickly. By the end of 2001, the Taliban had surrendered in the capital; a new, pro-American government was in place; and Osama bin Laden was running for his life. It was a thrilling turn of events. President George W. Bush said of our enemies, "They saw liberty and thought they saw weakness, and now they see defeat." British Prime Minister Tony Blair proclaimed "a total vindication of the strategy that we have worked out from the beginning." Things went so well that the Bush administration felt free to start planning another war, in Iraq. It's hard to believe now, but at the time, we appeared to know what we were doing in Afghanistan. It was an illusion, magnified by faith in our unparalleled military might and righteous mission. Our confidence led us into a fatal error. We committed ourselves to remaking Afghanistan, but not wholeheartedly. Given a choice between a massive commitment of military and civilian resources to serious nation building on one hand and leaving as soon as the enemy was vanquished, we did neither. Instead, we chose a middle course, a limited commitment, which averted the worst outcome but offered no way out. We remain wedded to that option for the indefinite future. Despite sacrificing more than 2,300 lives and some $800 billion, we no longer expect anything but bleak reports from Afghanistan. Even the rare item of good news is bad. On Tuesday, for example, the government said it had reclaimed central Kunduz from Taliban units and was fighting to drive them out of other neighborhoods. What's bad about that? Until last year, the city hadn't fallen to the Taliban since 2001. Then, they seized it and held it for two weeks. Their latest assault on the city—even if it can be reversed—indicates that security is still up for grabs. All this fighting comes at the end of a bloody summer, in which Afghan forces took record casualties from a resilient foe. Only two-thirds of the country is under government control. Unemployment is estimated at 40 percent. Millions of desperate Afghans have given up and fled, turning up as refugees in Pakistan, Iran or Europe. This week, the Kabul government, a perpetual charity case, sent representatives to ask for $3 billion in aid from donor nations at a conference in Brussels. Any money is likely to be wasted. The watchdog group Transparency International rates Afghanistan one of the most corrupt nations on the planet. A unity government that is anything but unified has proved unable to act decisively on any of the grave problems afflicting the country. No one dreamed in 2001 that in 2016, the United States would still be mired in Afghanistan. But some 9,800 American troops remain, along with another 5,000 troops from allied countries. Barack Obama, the anti-war candidate of 2008, can't bring himself to leave. A report last month by the U.S. special inspector general for Afghanistan reconstruction amounted to a chronicle of folly. It found that pervasive corruption has stymied our efforts, helped the enemy and sapped public support for the government. It quoted an Afghan official who in 2010 argued that "corruption is not just a problem for the system of governance in Afghanistan; it is the system of governance." Ryan Crocker, a former ambassador to Kabul, told the investigators that "the ultima[...]
Mon, 03 Oct 2016 17:05:00 -0400Throughout the summer, police officers from Oakland and nearby California cities continued to come under fire for misconduct connected to teenager Jasmine A., better known by her sex-work pseudonym "Celeste Guap." The scandal started to unfold after the suicide of Oakland officer Brendan O'Brien in September 2015 and has since led to suspensions, firings, and criminal charges for cops from several different Bay-Area agencies. But lest one think that situation is unique, let's take a peek at some other sexual-misconduct controversies brewing at U.S. law-enforcement agencies. Consider this a handy guide to officer-involved prostitution, coerced sex, and sexual assault at the start of autumn 2016. Horry County: Officers Accused of Sexual Assault, Coercing CatfightsFour former Horry County, South Carolina, cops face criminal charges, including several related to sexual assault and inappropriate sexual conduct with female inmates, crime victims, and confidential informants. Allen Large, a 27-year veteran of the Horry County Sheriff's Office, was recently indicted by a grand jury on five counts of criminal sexual conduct in the third degree, along with six counts of "misconduct in office" for allegedly failing to investigate cases. "The indictments allege that Large knowingly used coercion to engage in sexual battery with multiple victims and knowingly engaged in inappropriate relationships with victims of cases he was investigating," according to a statement from the state Attorney General's Office. Large, who was fired by the county in July 2015, is also the subject of multiple civil lawsuits accusing him of activity such as sexual assaulting a woman who came to him to report a sexual assault, sexual harassment, and threatening to interfere with a woman's child-visitation rights if she wouldn't participate in nude "catfight" videos. One woman alleges that the "Horry County Police Department had actual knowledge of Detective Large's inappropriate actions and/or propensity to harm female victims of crime, as other victims of sexual assault had reported his conduct prior to May of 2015," but did not act. Large denies most of the allegations, but admitted to suggesting the nude fighting videos and filming some such videos at his home. Horry County officer Luke Green was indicted for inappropriate sexual contact with a suspect during a prostitution arrest and the same with a confidential police informant. Both he and Large will be arraigned October 4, along with colleagues Daryl Williams and Todd Cox, who are accused of official misconduct for failing to investigate crime reports. Another Horry County cop, Chris Peterson, was not arrested but was fired last summer for alleged texting and "inappropriate conduct" with a woman who filed a police report. Newly sworn-in Horry County Police Chief Joe Hill said last week that "the four indictments that came down are the only indictments that are coming down — that investigation is wrapping up, it's done." Meanwhile... another South Carolina police head, Winnsboro Department of Public Safety Cheif Freddie Lorick Sr., was arrested over the weekend in an undercover prostitution sting conducted by Columbia Police. During the arrest, Lorick suffered unspecified medical issues and was taken to a hospital for treatment. Trenton, New Jersey: Woman Alleges Sex at K-9 Facility With Officer Who Shot HimselfOn September 21, New Jersey police officer Ed Leopardi was found shot to death in what would later be pronounced a suicide. A longtime veteran of the Trenton Police Department, Leopardi was also a Franklin Township Committee-member, the town's former mayor, and a married father of three who spent his spare time coaching Little League and serving as a volunteer firefighter. After his death, the Merc[...]
Tue, 20 Sep 2016 09:40:00 -0400Once girls arrived at the house, they were expected to hand over their cellphones. Internet access was also strictly limited—Jenny's rules. For "her girls" to stay in good graces, they were expected to do as she said, go where she told them to, and be available when she wanted to show them off in photos or at events. It's the kind of controlling, exploitative situation police warn us that runaway teens are likely to end up in at the hands of human traffickers. But in this case, control came via the people ostensibly helping—and accepting a lot of private and government money to help—these girls, under the auspices of an organization called Courage Worldwide. Founded in 2011 by Jenny T. Williamson (on direct orders from God, or so she claims), the Sacramento-based organization provided housing and services for formerly sex-trafficked young women at a California group home (Courage House) as well as a sister site in Tanzania. For her work as CEO of the nonprofit, Williamson paid herself $115,000 in 2015, according to the organization's tax report. The group reported net assets of $1.4 million that year. In addition to accepting donations from numerous local businesses, it received about $9,100 in government support per month per girl it took in. Most of the girls that lived at Courage House were referred by social workers or probation officers. Once at Courage House, the girls were supposed to be able to heal in comfort and privacy. Instead, they found themselves cut off from the outside world, with services and staff lacking (one former employee said she was told there was only money for two of the six girls per month to see a psychiatrist), while being subjected to the invasive publicity demands of Williamson, according to a Sacramento Bee expose on the group. "Public documents show that Williamson voluntarily closed the six-bed facility, effective June 14, amid a flurry of state inspections that found numerous violations, including inadequate staffing levels and no current administrator working at the home," the paper reported in August. "Williamson is appealing many of the citations, and is adamant that the closure is only temporary." So temporary, apparently, that Williamson didn't bother telling her donors about the shutdown until after the Bee contacted them. A former Courage House employee told the newspaper that the group had been cited by the state 16 times between January and June of 2016, for violations including breaching residents' privacy and inadequate staffing. Last fall, it was cited for giving tours of the group home and holding lunches there, for forcing residents to attend Christian church services every week, and for not respecting residents' freedom of religion. In interviews with The Bee, six ex-employees and a former business associate described a volatile environment for workers and high turnover among line staff at Courage House. The former workers singled out Williamson as a temperamental leader with no child-development background who micromanaged her trained staff and became so swept up in her own publicity and expansion plans that the core mission began to falter. The workers described a corporate organization in which staff members were frequently countermanded or abruptly fired for raising questions about "the vision," or for expressing concerns over the corporate office's sharing of clients' confidential information in fundraising or publicity efforts. Several ex-employees said they were upset by the use of identifiable images of Courage House girls on the company's Facebook page. It sounds like Williamson acted more like the proverbial controlling pimp or madam than someone truly dedicated to helping exploited teenagers. Which would be gross enough for the sh[...]
Fri, 16 Sep 2016 13:00:00 -0400"If you see something, say something" is how The New York Times characterizes an initiative to get Oakland, California, residents to play sex police in their neighborhoods. But a better slogan for the new program might be "do as we say, not as we do." On Saturday, the Oakland Police Department (OPD)—which you might remember from its officers engaging in prostitution, statutory rape, exchanging legal favors for sex, and covering up coworkers' corruption—will launch a website where people can report the license plate numbers of suspected prostitution clients and describe the alleged sexual activity they witnessed. Police will then send a "Dear John letter" to the address where the vehicle is registered, informing residents that the vehicle was seen driving in a high-prostitution area and that "prostitution is not a victimless crime and is associated with kidnapping, human trafficking, and the sexual exploitation of children." It's an astounding amount of hubris and hypocrisy coming from a department where officers themselves had not only been paying for sex (or trading tips and favors for it) but doing so with with a young woman who was under 18 when it started and said she met her first OPD john (who later killed himself) while fleeing an abusive pimp. That woman, who has been using the pseudonym Celeste Guap, was later sent by the nearby Richmond Police Department to a Florida drug treatment center, arrested and jailed after three days there, and held on aggravated battery charges for 17 days. On Wednesday, she pleaded no contest to the reduced charge of misdemeanor battery and was released from jail. On Thursday, she appeared with her lawyer, Pamela Price, at a press conference at Oakland City Hall, where Price said that 19-year-old "Celeste" now wished to known by her real name, Jasmine. Price also claimed that Oakland "police were engaged in a conspiracy to sexually traffic children. [Jasmine] is not the only one." Even if OPD was squeaky clean, its latest anti-prostitution plan would still stink. The anonymous online system allows anyone who knows a target's license-plate number to easily fabricate shady behavior that will trigger an automatic punishment. The potential for abuse is immense. But even absent outright fraud, the system invites false positives. Anyone idling in an area, circling a block, picking up a young woman, or beckoning someone to their car for whatever reason could find themselves on the wrong end of nosy neighbors' imaginations and police insinuations. And while an insinuating letter might be no big deal for some, imagine the baseless suspicion and havoc this sort of thing could wreak among couples and families. Visitors to the new OPD website, reportjohn.org, will be informed that "this website allows you to report vehicles soliciting or attempting to engage in illicit sexual activity. Based on information you provide, the Oakland Police Department will send a letter to the registered owner stating that the vehicle has been observed in an area known to have high incidences of sexual exploitation and trafficking." "This form will take you less than two minutes to complete," police add encouragingly. Oakland tried a similar initiative in 2012, but reports had to be filed via a paper form. In 2005, the city plastered the mugshots of people arrested for soliciting sex on local billboards and bus shelters and also installed surveillance cameras along a busy boulevard known for prostitution activity. As you might imagine, both programs were controversial. And they did little to actually help vulnerable people, said detractors. Nola Brantley, then executive director of a nonprofit agency for sexually exploited minors, pointed out that public john-sha[...]
Mon, 12 Sep 2016 06:45:00 -0400Seven California police officers will be charged in conjunction with a wide-reaching sexual-misconduct investigation, at the center of which sits Celeste Guap. The 19-year-old claims to have slept with 32 Bay-Area officers, beginning when she was 17 years old, in exchange for cash, protection from prostitution stings, or running police background checks on people she knew. Last Wednesday, the city of Oakland announced that four of its officers had been fired and seven put on unpaid leave related to their relationships with Guap or their role in covering up colleagues' relationships. On Friday, Alameda County District Attorney Nancy O'Malley reported that seven area officers would face criminal charges, including five (current and former) Oakland cops, a former Livermore police officer, and a former Contra Costa County Sheriff's deputy. The Sheriff's deputy, Ricardo Perez, will be charged with one count of felony oral copulation with a minor and two counts of committed a lewd act in public, said O'Malley at a press conference. The Livermore police officer, Dan Black, will be charged wit two counts of engaging in an act of prostitution and two counts of committing a lewd act in public. Oakland Officer Brian Bunton will be charged with one count of engaging in an act of prostitution and one count of felony obstruction of justice. His colleagues, Giovani LoVerde and Sgt. Leroy Johnson, will be charged with felony oral copulation with a minor and failure to report sexual misconduct against a minor, respectively. Oakland officer Warit Uttapa will be charged with one count of searching a criminal justice system database without authorized purpose, and Terryl Smith with four counts of the same. O'Malley said Smith also engaged in sexual activity with Guap but it happened outside the county's jurisdiction. "I am grateful to District Attorney Nancy O'Malley's office for agreeing to conduct a parallel and independent criminal investigation in this matter," said Oakland Mayor Libby Schaff in a statement. "The results of both the administrative and criminal investigations make it clear that misconduct will not be tolerated." That sentiment might be more convincing, however, if Guap hadn't been flown to Florida for drug-addiction treatment on the state's dime and then, while there, booked in county jail for aggravated battery with bail set at $300,000. According to the Martin County Sheriff's Office, Guap was brought in after biting a security guard at the treatment facility. Contra Costa County Senior Deputy District Attorney Doug MacMaster said it was "ludicrous" to think the Richmond Police Department—which helped Guap apply for money from the state's Victim Compensation Fund, and also includes several deputies implicated by Guap—had intentionally tried "to squirrel her out of state." But as long as Guap remains out of state, Alameda County can't proceed with the prosecutions of Black, Bunton, Johnson, LoVerde, Perez, Smith, and Uttapa. So far none of the men have been arrested and no charges have been filed. "If we don't have a witness," said O'Malley at a press conference Friday, "we can't prosecute these cases."[...]