Egypt Needs Democracy and Term Limits. By Saad Eddin Ibrahim
Mubarak competes with Ramses II for time in office.
WSJ, Jun 02, 2009
Egyptians have traditionally thought of their country as the "Mother of the World." President Barack Obama says he wants to change the world. Egypt may very well be a good place to start.
Egyptians at home and abroad have been clamoring for change. Kefaya, which literally means "enough," is a slogan, an outcry, and a grassroots movement that has been organizing to reform our antique regime. Over 1,000 acts of civil disobedience have taken place all over Egypt in recent months. Participants have included the Bedouins of Sinai, the Nubians of Aswan, and even the Coptic monks of Upper Egypt.
Obviously, an American president elected on a platform of change is music to Egyptians' ears, and Mr. Obama will be a welcome guest. He is universally popular with Egyptians, Arabs and Muslims. But will average Egyptians really connect with him, let alone get a chance to meet him? With only 10 hours in the country, his visit will be carefully choreographed. Security forces will understandably separate him from the eager Egyptian crowds. Mr. Obama should consider scheduling a town meeting with representatives of Egyptian civil society. He had such a meeting when he visited France.
Mr. Obama will meet an Egyptian president who is still grieving over the untimely death in May of his 13-year-old grandson Mohammed. Despite the special bond between the two, Hosni Mubarak did not appear at the boy's funeral, or at that of the prime minister's wife a week earlier. This has led to widespread rumors about his health. Yet no native reporter dared to raise a question about the matter, as it is against the law to do so.
Mr. Mubarak is the third-longest serving Egyptian ruler in the country's last 2,000 years of recorded history. He has refused to step down or even appoint a vice president. There is widespread apprehension that he is grooming his son Gamal (46) to inherit the "throne." Over 60% of Egypt's population was born during Mr. Mubarak's tenure and have not known any other ruler. Many of them want "change" and are waiting anxiously for someone to help them bring it about.
Let's hope that whatever else he may have pressing -- Palestine, Iran, Iraq and Afghanistan -- Mr. Obama will try to be that change agent. One remarkable thing he can do for Egypt and the rest of the Muslim world is to offer American help in making governance more sound. He should promote the rule of law by promoting democratic elections and term limits for democratically elected presidents.
This may appear to be long shot. Mr. Obama's advisers will likely argue against it to avoid offending his host. But such a bold move would win him the hearts and minds of the world's 1.4 billion Muslims forever. With his legendary gift for communication, Mr. Obama should find a way to propose the idea and offer a Marshall-like plan of financial incentives. He can then call on Egyptians and other Muslims to do the rest.
Mr. Ibrahim, an Egyptian sociologist and human rights advocate, was imprisoned by the Mubarak regime. He has lived in exile since 2007 and is currently a visiting professor at Harvard.
Monday, June 1, 2009
The Justice Department's Antitrust Bomb: Assistant Attorney General for Antitrust Christine Varney
The Justice Department's Antitrust Bomb. By George L Priest
Microsoft and Intel will find refuge in the courts.
WSJ, Jun 02, 2009
As if commandeering the banking, finance and auto industries weren't enough, a couple of weeks ago the Obama administration decided to throw a bomb at modern antitrust law.
Assistant Attorney General for Antitrust Christine Varney claims that the Justice Department can aid economic recovery by prosecuting businesses that have been successful in gaining large market shares. In her announcement last month she argued that "many observers agree" that our current recession reflects "a failure of antitrust" and "inadequate antitrust oversight."
This is news to most economists. The cause of the recession is not easy money by the Fed, or the bursting of the housing bubble, or excessive risk-taking through complicated financial instruments? It's insufficient antitrust prosecution? The claim is hardly plausible. Prosecuting successful businesses will help the recovery? Again, hard to believe.
Why prosecute firms whose products large majorities of consumers have found most valuable? Ms. Varney gives no principled reason. She defends the change in policy on the grounds that it contradicts recommendations of a Justice Department report issued during the Bush administration, and because it appears consistent with the European approach to antitrust.
On her first point, the Justice department, aided by the Federal Trade Commission, issued a report in 2008 addressing the appropriate antitrust approach to potential monopoly behavior. It's fair enough for a succeeding administration to reject policies of its predecessor. But the Justice Department report was not authored by John Yoo or Alberto Gonzales. It was the work of a year-long study that considered recommendations from 29 panels and 119 witnesses, most of them critical of the minimalist Chicago School approach to antitrust law. The report's conclusions basically track Supreme Court law with modest extensions in areas where the Supreme Court has not ruled. Ms. Varney denounced the report in its entirety.
What does Ms. Varney propose as an alternative approach? Not much. Her basic proposal is to transform American antitrust law to more closely resemble that of Europe. She states that American antitrust policies have "diverged too frequently" from those of the Europe, and that "[w]e will focus our efforts on working through our previously divergent policies regarding single-firm conduct and pursuing vigorous enforcement on the [monopolization] front."
This is a huge mistake. The principal reasons American and European approaches to antitrust diverge are that the operative legal standards are different and that the Europeans have not adopted a tradition of rigorous economic analysis.
U.S. antitrust laws condemn practices that are "in restraint of trade," which has been interpreted to mean harm to competition. The European Union, in contrast, condemns practices that constitute "abuse of a dominant position."
The European emphasis on "dominance" has consistently led to confusion. A good example is the way the proposed GE-Honeywell merger was treated in 2001. It was uncontested both in the U.S. and in Europe that the proposed merger would create economic efficiencies, lowering product costs to the benefit of consumers. In the U.S. this was reason to approve -- if not applaud -- the merger. But in Europe the expected cost savings would make the merged firms even more dominant. The EU blocked the merger, to the harm of U.S. and European consumers.
Another example is the recent $1.45 billion fine levied by the EU against Intel. Although the EU has not released its full report documenting what violations it found, it appears that the principal concern was Intel's practice of giving "loyalty discounts" to repeat customers, presumably increasing Intel's dominance in the microprocessor business.
Should a firm be punished for giving discounts? A discount to a repeat customer is a ubiquitous business practice from local delis to auto repair shops, hardly monopolists in any sense. At various points in her presentation Ms. Varney stated that the ambition of antitrust law is to secure low prices for consumers.
Intel, of course, operates on a different scale than a deli. But the fact that it has been able to maintain roughly an 80% market share for decades provides strong evidence that it is producing a valuable product. The antitrust questions with regard to dominant firms should be: What is the source of dominance and how has it survived over time?
The EU complaint claims that Intel has practiced a variation of predatory pricing. As is well-established in U.S. law, predatory pricing claims are highly questionable in the intellectual property field. Although the EU competition unit has added economists to its staff since GE-Honeywell, its antitrust theories are roughly 30 years behind those in the U.S.
The antitrust problem is likely to become increasingly troublesome over time. In a dynamic economy we should expect the development of novel business practices as firms attempt to attract consumers in order to maximize product sales. In the U.S. -- Ms. Varney's views aside -- success in competition is rewarded. In Europe it is suspect, a particularly perverse presumption given that national and international competition has been increasing and will continue to increase.
The saving grace here is that, unlike her European counterpart Neelie Kroes (who is antitrust prosecutor and judge at once), Ms. Varney is only the director of an administrative agency. She and her department can prosecute cases but they cannot convict. The positions put forth in the now-rejected 2008 Justice Department study derive largely from opinions of the Supreme Court. And in the last three monopolization cases considered by the Supreme Court (spanning over a decade) there were no dissenting opinions. Even if President Obama makes the court more liberal the court's antitrust opinions are secure.
Ms. Varney's proposed change in direction of antitrust policy may impose extraordinary litigation costs on the government and on her targets. It is unlikely to have a significant effect on U.S. antitrust law.
Mr. Priest teaches antitrust law at Yale Law School.
Microsoft and Intel will find refuge in the courts.
WSJ, Jun 02, 2009
As if commandeering the banking, finance and auto industries weren't enough, a couple of weeks ago the Obama administration decided to throw a bomb at modern antitrust law.
Assistant Attorney General for Antitrust Christine Varney claims that the Justice Department can aid economic recovery by prosecuting businesses that have been successful in gaining large market shares. In her announcement last month she argued that "many observers agree" that our current recession reflects "a failure of antitrust" and "inadequate antitrust oversight."
This is news to most economists. The cause of the recession is not easy money by the Fed, or the bursting of the housing bubble, or excessive risk-taking through complicated financial instruments? It's insufficient antitrust prosecution? The claim is hardly plausible. Prosecuting successful businesses will help the recovery? Again, hard to believe.
Why prosecute firms whose products large majorities of consumers have found most valuable? Ms. Varney gives no principled reason. She defends the change in policy on the grounds that it contradicts recommendations of a Justice Department report issued during the Bush administration, and because it appears consistent with the European approach to antitrust.
On her first point, the Justice department, aided by the Federal Trade Commission, issued a report in 2008 addressing the appropriate antitrust approach to potential monopoly behavior. It's fair enough for a succeeding administration to reject policies of its predecessor. But the Justice Department report was not authored by John Yoo or Alberto Gonzales. It was the work of a year-long study that considered recommendations from 29 panels and 119 witnesses, most of them critical of the minimalist Chicago School approach to antitrust law. The report's conclusions basically track Supreme Court law with modest extensions in areas where the Supreme Court has not ruled. Ms. Varney denounced the report in its entirety.
What does Ms. Varney propose as an alternative approach? Not much. Her basic proposal is to transform American antitrust law to more closely resemble that of Europe. She states that American antitrust policies have "diverged too frequently" from those of the Europe, and that "[w]e will focus our efforts on working through our previously divergent policies regarding single-firm conduct and pursuing vigorous enforcement on the [monopolization] front."
This is a huge mistake. The principal reasons American and European approaches to antitrust diverge are that the operative legal standards are different and that the Europeans have not adopted a tradition of rigorous economic analysis.
U.S. antitrust laws condemn practices that are "in restraint of trade," which has been interpreted to mean harm to competition. The European Union, in contrast, condemns practices that constitute "abuse of a dominant position."
The European emphasis on "dominance" has consistently led to confusion. A good example is the way the proposed GE-Honeywell merger was treated in 2001. It was uncontested both in the U.S. and in Europe that the proposed merger would create economic efficiencies, lowering product costs to the benefit of consumers. In the U.S. this was reason to approve -- if not applaud -- the merger. But in Europe the expected cost savings would make the merged firms even more dominant. The EU blocked the merger, to the harm of U.S. and European consumers.
Another example is the recent $1.45 billion fine levied by the EU against Intel. Although the EU has not released its full report documenting what violations it found, it appears that the principal concern was Intel's practice of giving "loyalty discounts" to repeat customers, presumably increasing Intel's dominance in the microprocessor business.
Should a firm be punished for giving discounts? A discount to a repeat customer is a ubiquitous business practice from local delis to auto repair shops, hardly monopolists in any sense. At various points in her presentation Ms. Varney stated that the ambition of antitrust law is to secure low prices for consumers.
Intel, of course, operates on a different scale than a deli. But the fact that it has been able to maintain roughly an 80% market share for decades provides strong evidence that it is producing a valuable product. The antitrust questions with regard to dominant firms should be: What is the source of dominance and how has it survived over time?
The EU complaint claims that Intel has practiced a variation of predatory pricing. As is well-established in U.S. law, predatory pricing claims are highly questionable in the intellectual property field. Although the EU competition unit has added economists to its staff since GE-Honeywell, its antitrust theories are roughly 30 years behind those in the U.S.
The antitrust problem is likely to become increasingly troublesome over time. In a dynamic economy we should expect the development of novel business practices as firms attempt to attract consumers in order to maximize product sales. In the U.S. -- Ms. Varney's views aside -- success in competition is rewarded. In Europe it is suspect, a particularly perverse presumption given that national and international competition has been increasing and will continue to increase.
The saving grace here is that, unlike her European counterpart Neelie Kroes (who is antitrust prosecutor and judge at once), Ms. Varney is only the director of an administrative agency. She and her department can prosecute cases but they cannot convict. The positions put forth in the now-rejected 2008 Justice Department study derive largely from opinions of the Supreme Court. And in the last three monopolization cases considered by the Supreme Court (spanning over a decade) there were no dissenting opinions. Even if President Obama makes the court more liberal the court's antitrust opinions are secure.
Ms. Varney's proposed change in direction of antitrust policy may impose extraordinary litigation costs on the government and on her targets. It is unlikely to have a significant effect on U.S. antitrust law.
Mr. Priest teaches antitrust law at Yale Law School.
GM: Timid management and coddled workers couldn't compete with Toyota
How GM Lost Its Way. By Paul Ingrassia
Timid management and coddled workers couldn't compete with Toyota.
WSJ, Jun 02, 2009
Decades of dumb decisions helped send General Motors to a bankruptcy court yesterday, but one stands out.
The year was 1998, and the United Auto Workers was striking at two factories in Flint, Mich., that made components critical to every GM assembly plant in the country. The union was defending production quotas that workers could fill in five or six hours, after which they would get overtime pay or just, you know, go home.
Most strikes are forbidden during the life of a labor contract, so to provide legal cover the union started filing grievances. GM lawyers contended the walkouts violated the contract anyway and drafted a lawsuit -- the first by the company against the UAW in more than 60 years. But GM's labor-relations department freaked out because the lawsuit would antagonize the union.
Just think about that. The union had shut down virtually all of GM, costing the company and its shareholders billions of dollars, and yet the company's labor negotiators were afraid of giving offense. After heated internal arguments, the suit was filed and GM seemed on the verge of winning. But the company settled just before the judge ruled.
UAW members marched victoriously through downtown Flint. GM executives who advocated a tougher stand got pushed out of the company.
The picture of a heedless union and a feckless management says a lot about what went wrong at GM. There were many more mistakes, of course -- look-alike cars, lapses in quality, misguided acquisitions, and betting on big SUVs just before gas prices soared. They were all born of a uniquely insular corporate culture.
The GM bailout probably will cost close to $100 billion, counting money from the governments of the U.S., Canada and Germany. On paper, the new company should emerge from Chapter 11 fully able to compete in the brutally competitive auto industry. Whether it will actually prosper is far less certain, but some things are beyond dispute. Bankruptcy didn't have to happen and the fact that it did happen is incredibly sad given GM's many contributions to American society and culture.
General Motors invented the modern corporation by developing the concept of giving operating executives power and responsibility to run far-flung operations subject to central financial control. While Henry Ford invented mass manufacturing, GM's long-time president and chairman of the board, Alfred P. Sloan Jr., developed mass marketing: a "car for every purse and purpose," as he put it in the company's 1924 annual report. This meant a hierarchy of brands ranging from practical Chevrolets to prestigious Cadillacs. GM's industrial might helped win a world war and made America rich in its aftermath.
For half a century, between the 1920s and the 1970s, GM seemed to have an instinctive feel for what Americans wanted before consumers themselves even knew it. Chrome, tail fins, muscle cars and even the first catalytic converters that let cars run on lead-free gasoline were developed at GM.
But the company signed generous labor deals during the 1970s, including the right to retire after 30 years with full pension and benefits, partly because it believed the contracts would cripple its smaller competitors, Ford and Chrysler. Then along came Honda, Nissan and Toyota, which didn't have to deal with labor contracts at all. That was the beginning of the agonizing decline.
This fate could have been avoided with better foresight and less hubris, but by 18 months ago bankruptcy was inevitable. GM's U.S. market share had declined to 22% from 52% in the early 1960s. There were too many brands, too much debt, a cumbersome union contract as big as a phone book, and an enormous dealer network built for the glory years of yesterday instead of the market share of today.
The question for Presidents George W. Bush and Barack Obama was whether to stand by and watch, or instead to use the public purse to shape the bankruptcies of both Chrysler and GM to mitigate the damage to a shaky U.S. economy. They intervened, which was the unpleasant but correct decision.
By and large, Mr. Obama's automotive task force has done its job pretty well, forcing the companies and the UAW to make difficult decisions that they should have made themselves long ago. GM will shed four of its eight U.S. brands -- Saab, Saturn, Pontiac and Hummer -- thousands of dealers, 11 factories, and much of its debt. It is no small irony that a Democratic administration brought in a bunch of private-equity types to impose rational management on big business.
That said, a couple of aspects of the GM and Chrysler bailouts could come back to haunt U.S. taxpayers and the Obama administration.
The company that controls Chrysler, Italy's Fiat, is getting a special government incentive -- a potential increase in its Chrysler ownership stake -- to build a small car in America that will get 40 miles per gallon. General Motors made a similar decision to build a high-mileage small car in the U.S. of its own accord, but certainly with an eye toward current political "realities."
Both moves fit the green agenda of Mr. Obama and congressional Democrats. They're also egregious examples of mission creep. GM and Chrysler should get just one marching order from the government: Earn enough money so taxpayers will recover as much as their investment as possible. If the new small cars flop because gas prices drop, the result will be more losses and, potentially, Bailout II.
The other questionable call is the government's big ownership stake in both companies -- 60% of General Motors and a much smaller share of Chrysler. The rationale is reasonable. The government is providing the $50 billion of financing needed to restructure GM so taxpayers might as well get something for their money. But this relegates unsecured lenders to the back of the line behind the government and the union. More worrisome, it invokes the question famously asked before the U.S. invasion of Iraq: You can go in, but can you get out?
The answer will depend on the success of GM, which in turn will hinge on whether the new company can cast off the culture of the old one. One encouraging sign is that, thanks to the labor contract amendments imposed by the Treasury's task force, UAW members will be required to work 40 hours a week before getting overtime pay. Less encouraging is that workers still will be allowed six unexcused absences before being fired. It doesn't take that many at a Honda plant.
As for management, not long ago a group of executives was reviewing a prototype new Buick model, about the size of a BMW 3 Series, at GM's design studios. The sporty styling had been developed in China for sale both there and in the U.S. But the company's cautious product planners suggested conducting customer clinics to gauge reaction to the design and possibly changing both the front and back end. It would have delayed the project and cost tens of millions of dollars.
CEO Fritz Henderson wisely said no. But the very next day the product planners were charging ahead with their clinic plans anyway, just in case the boss wanted to see the results of their research. Maybe the new Buick should be named the CYA. Neither billions in losses nor the brink of bankruptcy, it seems, have been enough to change many traditional ways of doing things at GM.
Heaven only knows what will be enough. But a company with a cautious, slow-moving management and a union committed to defending ridiculous work rules won't have a chance of succeeding. Perhaps everyone remaining at the new GM will realize that. The rest of us can only hope for the best.
Mr. Ingrassia won a Pulitzer Prize in 1993 for covering the last crisis at GM. His book on Detroit's current crisis, "Crash Course," will be published by Random House in January.
Timid management and coddled workers couldn't compete with Toyota.
WSJ, Jun 02, 2009
Decades of dumb decisions helped send General Motors to a bankruptcy court yesterday, but one stands out.
The year was 1998, and the United Auto Workers was striking at two factories in Flint, Mich., that made components critical to every GM assembly plant in the country. The union was defending production quotas that workers could fill in five or six hours, after which they would get overtime pay or just, you know, go home.
Most strikes are forbidden during the life of a labor contract, so to provide legal cover the union started filing grievances. GM lawyers contended the walkouts violated the contract anyway and drafted a lawsuit -- the first by the company against the UAW in more than 60 years. But GM's labor-relations department freaked out because the lawsuit would antagonize the union.
Just think about that. The union had shut down virtually all of GM, costing the company and its shareholders billions of dollars, and yet the company's labor negotiators were afraid of giving offense. After heated internal arguments, the suit was filed and GM seemed on the verge of winning. But the company settled just before the judge ruled.
UAW members marched victoriously through downtown Flint. GM executives who advocated a tougher stand got pushed out of the company.
The picture of a heedless union and a feckless management says a lot about what went wrong at GM. There were many more mistakes, of course -- look-alike cars, lapses in quality, misguided acquisitions, and betting on big SUVs just before gas prices soared. They were all born of a uniquely insular corporate culture.
The GM bailout probably will cost close to $100 billion, counting money from the governments of the U.S., Canada and Germany. On paper, the new company should emerge from Chapter 11 fully able to compete in the brutally competitive auto industry. Whether it will actually prosper is far less certain, but some things are beyond dispute. Bankruptcy didn't have to happen and the fact that it did happen is incredibly sad given GM's many contributions to American society and culture.
General Motors invented the modern corporation by developing the concept of giving operating executives power and responsibility to run far-flung operations subject to central financial control. While Henry Ford invented mass manufacturing, GM's long-time president and chairman of the board, Alfred P. Sloan Jr., developed mass marketing: a "car for every purse and purpose," as he put it in the company's 1924 annual report. This meant a hierarchy of brands ranging from practical Chevrolets to prestigious Cadillacs. GM's industrial might helped win a world war and made America rich in its aftermath.
For half a century, between the 1920s and the 1970s, GM seemed to have an instinctive feel for what Americans wanted before consumers themselves even knew it. Chrome, tail fins, muscle cars and even the first catalytic converters that let cars run on lead-free gasoline were developed at GM.
But the company signed generous labor deals during the 1970s, including the right to retire after 30 years with full pension and benefits, partly because it believed the contracts would cripple its smaller competitors, Ford and Chrysler. Then along came Honda, Nissan and Toyota, which didn't have to deal with labor contracts at all. That was the beginning of the agonizing decline.
This fate could have been avoided with better foresight and less hubris, but by 18 months ago bankruptcy was inevitable. GM's U.S. market share had declined to 22% from 52% in the early 1960s. There were too many brands, too much debt, a cumbersome union contract as big as a phone book, and an enormous dealer network built for the glory years of yesterday instead of the market share of today.
The question for Presidents George W. Bush and Barack Obama was whether to stand by and watch, or instead to use the public purse to shape the bankruptcies of both Chrysler and GM to mitigate the damage to a shaky U.S. economy. They intervened, which was the unpleasant but correct decision.
By and large, Mr. Obama's automotive task force has done its job pretty well, forcing the companies and the UAW to make difficult decisions that they should have made themselves long ago. GM will shed four of its eight U.S. brands -- Saab, Saturn, Pontiac and Hummer -- thousands of dealers, 11 factories, and much of its debt. It is no small irony that a Democratic administration brought in a bunch of private-equity types to impose rational management on big business.
That said, a couple of aspects of the GM and Chrysler bailouts could come back to haunt U.S. taxpayers and the Obama administration.
The company that controls Chrysler, Italy's Fiat, is getting a special government incentive -- a potential increase in its Chrysler ownership stake -- to build a small car in America that will get 40 miles per gallon. General Motors made a similar decision to build a high-mileage small car in the U.S. of its own accord, but certainly with an eye toward current political "realities."
Both moves fit the green agenda of Mr. Obama and congressional Democrats. They're also egregious examples of mission creep. GM and Chrysler should get just one marching order from the government: Earn enough money so taxpayers will recover as much as their investment as possible. If the new small cars flop because gas prices drop, the result will be more losses and, potentially, Bailout II.
The other questionable call is the government's big ownership stake in both companies -- 60% of General Motors and a much smaller share of Chrysler. The rationale is reasonable. The government is providing the $50 billion of financing needed to restructure GM so taxpayers might as well get something for their money. But this relegates unsecured lenders to the back of the line behind the government and the union. More worrisome, it invokes the question famously asked before the U.S. invasion of Iraq: You can go in, but can you get out?
The answer will depend on the success of GM, which in turn will hinge on whether the new company can cast off the culture of the old one. One encouraging sign is that, thanks to the labor contract amendments imposed by the Treasury's task force, UAW members will be required to work 40 hours a week before getting overtime pay. Less encouraging is that workers still will be allowed six unexcused absences before being fired. It doesn't take that many at a Honda plant.
As for management, not long ago a group of executives was reviewing a prototype new Buick model, about the size of a BMW 3 Series, at GM's design studios. The sporty styling had been developed in China for sale both there and in the U.S. But the company's cautious product planners suggested conducting customer clinics to gauge reaction to the design and possibly changing both the front and back end. It would have delayed the project and cost tens of millions of dollars.
CEO Fritz Henderson wisely said no. But the very next day the product planners were charging ahead with their clinic plans anyway, just in case the boss wanted to see the results of their research. Maybe the new Buick should be named the CYA. Neither billions in losses nor the brink of bankruptcy, it seems, have been enough to change many traditional ways of doing things at GM.
Heaven only knows what will be enough. But a company with a cautious, slow-moving management and a union committed to defending ridiculous work rules won't have a chance of succeeding. Perhaps everyone remaining at the new GM will realize that. The rest of us can only hope for the best.
Mr. Ingrassia won a Pulitzer Prize in 1993 for covering the last crisis at GM. His book on Detroit's current crisis, "Crash Course," will be published by Random House in January.
Busy Not Running GM - And not choosing GM's office space
Busy Not Running GM. WSJ Editorial
And not choosing GM's office space.
WSJ, Jun 02, 2009
President Obama announced the bankruptcy of General Motors yesterday before GM's CEO even spoke, and the feds will soon own 60% of the company. But whatever you do, please don't think the government is now running GM.
"What we are not doing -- what I have no interest in doing -- is running GM," Mr. Obama said in yesterday's bankruptcy announcement. "When a difficult decision has to be made on matters like where to open a new plant or what type of new car to make, the new GM, not the United States government, will make that decision."
The President is so busy not running GM that he had time the night before to call and reassure Detroit Mayor Dave Bing about the new GM's future location. GM is being courted to move its headquarters to nearby Warren, Michigan. And Mr. Bing told the Detroit News that he had received a call Sunday evening from the President "informing me of his support for GM to stay in the city of Detroit with its headquarters at the Renaissance [Center]."
The newspaper went on to report that "The mayor said he's more secure in knowing GM will stay in Detroit, a move paved by several conversations Bing and his administration had with several top White House officials in recent days."
We don't know whether GM should stay in Detroit. But we do know that the location of a company's headquarters is one of those decisions typically not made by people who are busy not running the company.
And not choosing GM's office space.
WSJ, Jun 02, 2009
President Obama announced the bankruptcy of General Motors yesterday before GM's CEO even spoke, and the feds will soon own 60% of the company. But whatever you do, please don't think the government is now running GM.
"What we are not doing -- what I have no interest in doing -- is running GM," Mr. Obama said in yesterday's bankruptcy announcement. "When a difficult decision has to be made on matters like where to open a new plant or what type of new car to make, the new GM, not the United States government, will make that decision."
The President is so busy not running GM that he had time the night before to call and reassure Detroit Mayor Dave Bing about the new GM's future location. GM is being courted to move its headquarters to nearby Warren, Michigan. And Mr. Bing told the Detroit News that he had received a call Sunday evening from the President "informing me of his support for GM to stay in the city of Detroit with its headquarters at the Renaissance [Center]."
The newspaper went on to report that "The mayor said he's more secure in knowing GM will stay in Detroit, a move paved by several conversations Bing and his administration had with several top White House officials in recent days."
We don't know whether GM should stay in Detroit. But we do know that the location of a company's headquarters is one of those decisions typically not made by people who are busy not running the company.
A Victory in Pakistan
A Victory in Pakistan - WSJ.com
The army retakes Swat from the Taliban, but don't stop there.
WSJ, Jun 02, 2009
The army retakes Swat from the Taliban, but don't stop there.
WSJ, Jun 02, 2009
D.C. Should Create Its Own School Voucher Program
D.C. Should Create Its Own School Voucher Program. By Andrew J. Coulson
This article appeared in the DC Examiner on May 29, 2009.
Thousands rallied in DC earlier this month to save a federal program that helps low-income families afford private schooling. On the same day, President Obama signaled that he opposes school vouchers, but will seek funding so that students already attending private schools may continue to do so through the end of high school. When they've graduated, the voucher program would die. That isn't good enough.
The voucher students have little brothers and sisters. They have neighbors and friends. Under the president's proposal, none of those children would ever enjoy the chances that voucher recipients like Mercedes Campbell have had.
In an interview with ReasonTV, Mercedes said the opportunity to attend a private school has transformed her. "It's different, now that I go to Visitation.... It's like a whole new world."
Unless something is done, most poor kids in DC will never glimpse that world, let alone live in it. House Minority Leader John Boehner, of Ohio, has proposed a bill to reauthorize the voucher program, but it faces a stiff headwind as long as Democrats in Congress defer to teacher union opposition.
But there is another option: The District of Columbia can create its own scholarship program.
Can DC afford it? Average tuition at voucher-accepting schools is about $6,600, according to a federal study released last month. By contrast, the city is currently spending about $1.3 billion on k-12 education, for fewer than 49,000 students.
That works out to well over $26,000 per pupil -- comparable to tuition at the prestigious Sidwell Friends school to which the president sends his own daughters, Sasha and Malia. So DC could easily offer a voucher even larger than the one currently provided by the federal government.
Is it politically viable? Perhaps. Though Democrats in Congress are almost universally opposed to school choice programs, the same is not true at the state and local levels. Speakers at the rally to save the voucher program included DC councilman Marion Barry, former mayor Anthony Williams (who was instrumental in creating the federal program), former councilman Kevin Chavous, and civil rights leader Benjamin Chavis.
And just two weeks ago, the Florida legislature passed a bill strengthening that state's private school choice tax credit program, with the support of nearly half the Democratic caucus in the house, and two thirds of African American Democrats. The biggest champions of a similar program in New Jersey are Democratic Mayor Corey Booker, and fellow Democratic state senator Raymond Lesniak.
The political dynamics are different in city halls and statehouses than they are on Capitol Hill. The unions may lobby just as fiercely in every case, but the pushback from constituents is stronger at lower levels of government.
Few seats in the U.S. House or Senate are decided on the basis of education platforms, but education plays a larger role in the election of state and local officials. As parents get angrier and demand educational alternatives for their kids, politicians outside of Congress are more apt to take notice.
What's more, DC already has what amounts to a targeted school voucher program -- and it's larger than the federal voucher program that President Obama wishes to phase out. The District currently sends nearly 2,500 special needs students to private schools because it is not able to serve them itself. The program is uncontroversial.
Why not extend to all families a choice currently enjoyed by so few? The Department of Education's recent study shows that students who have been in the voucher program since it began in 2004 are performing more than two school years ahead of their public school counterparts in reading. There is unconscionable to deny that benefit to other students.
When the "common school" reformers began their campaign for state-run schooling more than 200 years ago, one of their core goals was to ensure that the education of America's poorest citizens did not fall by the wayside.
Despite the best efforts of generation after generation of subsequent reformers, that goal remains unmet for far too many children. We can't wait any longer. DC kids can't wait any longer.
This article appeared in the DC Examiner on May 29, 2009.
Thousands rallied in DC earlier this month to save a federal program that helps low-income families afford private schooling. On the same day, President Obama signaled that he opposes school vouchers, but will seek funding so that students already attending private schools may continue to do so through the end of high school. When they've graduated, the voucher program would die. That isn't good enough.
The voucher students have little brothers and sisters. They have neighbors and friends. Under the president's proposal, none of those children would ever enjoy the chances that voucher recipients like Mercedes Campbell have had.
In an interview with ReasonTV, Mercedes said the opportunity to attend a private school has transformed her. "It's different, now that I go to Visitation.... It's like a whole new world."
Unless something is done, most poor kids in DC will never glimpse that world, let alone live in it. House Minority Leader John Boehner, of Ohio, has proposed a bill to reauthorize the voucher program, but it faces a stiff headwind as long as Democrats in Congress defer to teacher union opposition.
But there is another option: The District of Columbia can create its own scholarship program.
Can DC afford it? Average tuition at voucher-accepting schools is about $6,600, according to a federal study released last month. By contrast, the city is currently spending about $1.3 billion on k-12 education, for fewer than 49,000 students.
That works out to well over $26,000 per pupil -- comparable to tuition at the prestigious Sidwell Friends school to which the president sends his own daughters, Sasha and Malia. So DC could easily offer a voucher even larger than the one currently provided by the federal government.
Is it politically viable? Perhaps. Though Democrats in Congress are almost universally opposed to school choice programs, the same is not true at the state and local levels. Speakers at the rally to save the voucher program included DC councilman Marion Barry, former mayor Anthony Williams (who was instrumental in creating the federal program), former councilman Kevin Chavous, and civil rights leader Benjamin Chavis.
And just two weeks ago, the Florida legislature passed a bill strengthening that state's private school choice tax credit program, with the support of nearly half the Democratic caucus in the house, and two thirds of African American Democrats. The biggest champions of a similar program in New Jersey are Democratic Mayor Corey Booker, and fellow Democratic state senator Raymond Lesniak.
The political dynamics are different in city halls and statehouses than they are on Capitol Hill. The unions may lobby just as fiercely in every case, but the pushback from constituents is stronger at lower levels of government.
Few seats in the U.S. House or Senate are decided on the basis of education platforms, but education plays a larger role in the election of state and local officials. As parents get angrier and demand educational alternatives for their kids, politicians outside of Congress are more apt to take notice.
What's more, DC already has what amounts to a targeted school voucher program -- and it's larger than the federal voucher program that President Obama wishes to phase out. The District currently sends nearly 2,500 special needs students to private schools because it is not able to serve them itself. The program is uncontroversial.
Why not extend to all families a choice currently enjoyed by so few? The Department of Education's recent study shows that students who have been in the voucher program since it began in 2004 are performing more than two school years ahead of their public school counterparts in reading. There is unconscionable to deny that benefit to other students.
When the "common school" reformers began their campaign for state-run schooling more than 200 years ago, one of their core goals was to ensure that the education of America's poorest citizens did not fall by the wayside.
Despite the best efforts of generation after generation of subsequent reformers, that goal remains unmet for far too many children. We can't wait any longer. DC kids can't wait any longer.
The 'Unseen' Deserve Empathy, Too
The 'Unseen' Deserve Empathy, Too. By John Hasnas
This article appeared in The Wall Street Journal on May 29, 2009
While announcing Sonia Sotomayor as his nominee to the Supreme Court, President Barack Obama praised her as a judge who combined a mastery of the law with "a common touch, a sense of compassion, and an understanding of how the world works and how ordinary people live." This is in keeping with his earlier statement that he wanted to appoint a justice who possessed the "quality of empathy, of understanding and identifying with people's hopes and struggles."
Without casting aspersions on Judge Sotomayor, we may ask whether these are really the characteristics we want in a judge. Clearly, a good judge must have "an understanding of how the world works and how ordinary people live." Judicial decision-making involves the application of abstract rules to concrete facts; it is impossible to render a proper judicial decision without understanding its practical effect on both the litigants and the wider community.
But what about compassion and empathy? Compassion is defined as a feeling of deep sympathy for those stricken by misfortune, accompanied by a strong desire to alleviate the suffering; empathy is the ability to share in another's emotions, thoughts and feelings. Hence, a compassionate judge would tend to base his or her decisions on sympathy for the unfortunate; an empathetic judge on how the people directly affected by the decision would think and feel. What could be wrong with that?
Frederic Bastiat answered that question in his famous 1850 essay, "What is Seen and What is Not Seen." There the economist and member of the French parliament pointed out that law "produces not only one effect, but a series of effects. Of these effects, the first alone is immediate; it appears simultaneously with its cause; it is seen. The other effects emerge only subsequently; they are not seen; we are fortunate if we foresee them." Bastiat further noted that "[t]here is only one difference between a bad economist and a good one: The bad economist confines himself to the visible effect; the good economist takes into account both the effect that can be seen and those effects that must be foreseen."
This observation is just as true for judges as it is for economists. As important as compassion and empathy are, one can have these feelings only for people that exist and that one knows about -- that is, for those who are "seen."
One can have compassion for workers who lose their jobs when a plant closes. They can be seen. One cannot have compassion for unknown persons in other industries who do not receive job offers when a compassionate government subsidizes an unprofitable plant. The potential employees not hired are unseen.
One can empathize with innocent children born with birth defects. Such children and the adversity they face can be seen. One cannot empathize with as-yet-unborn children in rural communities who may not have access to pediatricians if a judicial decision based on compassion raises the cost of medical malpractice insurance. These children are unseen.
One can feel for unfortunate homeowners about to lose their homes through foreclosure. One cannot feel for unknown individuals who may not be able to afford a home in the future if the compassionate and empathetic protection of current homeowners increases the cost of a mortgage.
In general, one can feel compassion for and empathize with individual plaintiffs in a lawsuit who are facing hardship. They are visible. One cannot feel compassion for or empathize with impersonal corporate defendants, who, should they incur liability, will pass the costs on to consumers, reduce their output, or cut employment. Those who must pay more for products, or are unable to obtain needed goods or services, or cannot find a job are invisible.
The law consists of abstract rules because we know that, as human beings, judges are unable to foresee all of the long-term consequences of their decisions and may be unduly influenced by the immediate, visible effects of these decisions. The rules of law are designed in part to strike the proper balance between the interests of those who are seen and those who are not seen. The purpose of the rules is to enable judges to resist the emotionally engaging temptation to relieve the plight of those they can see and empathize with, even when doing so would be unfair to those they cannot see.
Calling on judges to be compassionate or empathetic is in effect to ask them to undo this balance and favor the seen over the unseen. Paraphrasing Bastiat, if the difference between the bad judge and the good judge is that the bad judge focuses on the visible effects of his or her decisions while the good judge takes into account both the effects that can be seen and those that are unseen, then the compassionate, empathetic judge is very likely to be a bad judge. For this reason, let us hope that Judge Sotomayor proves to be a disappointment to her sponsor.
This article appeared in The Wall Street Journal on May 29, 2009
While announcing Sonia Sotomayor as his nominee to the Supreme Court, President Barack Obama praised her as a judge who combined a mastery of the law with "a common touch, a sense of compassion, and an understanding of how the world works and how ordinary people live." This is in keeping with his earlier statement that he wanted to appoint a justice who possessed the "quality of empathy, of understanding and identifying with people's hopes and struggles."
Without casting aspersions on Judge Sotomayor, we may ask whether these are really the characteristics we want in a judge. Clearly, a good judge must have "an understanding of how the world works and how ordinary people live." Judicial decision-making involves the application of abstract rules to concrete facts; it is impossible to render a proper judicial decision without understanding its practical effect on both the litigants and the wider community.
But what about compassion and empathy? Compassion is defined as a feeling of deep sympathy for those stricken by misfortune, accompanied by a strong desire to alleviate the suffering; empathy is the ability to share in another's emotions, thoughts and feelings. Hence, a compassionate judge would tend to base his or her decisions on sympathy for the unfortunate; an empathetic judge on how the people directly affected by the decision would think and feel. What could be wrong with that?
Frederic Bastiat answered that question in his famous 1850 essay, "What is Seen and What is Not Seen." There the economist and member of the French parliament pointed out that law "produces not only one effect, but a series of effects. Of these effects, the first alone is immediate; it appears simultaneously with its cause; it is seen. The other effects emerge only subsequently; they are not seen; we are fortunate if we foresee them." Bastiat further noted that "[t]here is only one difference between a bad economist and a good one: The bad economist confines himself to the visible effect; the good economist takes into account both the effect that can be seen and those effects that must be foreseen."
This observation is just as true for judges as it is for economists. As important as compassion and empathy are, one can have these feelings only for people that exist and that one knows about -- that is, for those who are "seen."
One can have compassion for workers who lose their jobs when a plant closes. They can be seen. One cannot have compassion for unknown persons in other industries who do not receive job offers when a compassionate government subsidizes an unprofitable plant. The potential employees not hired are unseen.
One can empathize with innocent children born with birth defects. Such children and the adversity they face can be seen. One cannot empathize with as-yet-unborn children in rural communities who may not have access to pediatricians if a judicial decision based on compassion raises the cost of medical malpractice insurance. These children are unseen.
One can feel for unfortunate homeowners about to lose their homes through foreclosure. One cannot feel for unknown individuals who may not be able to afford a home in the future if the compassionate and empathetic protection of current homeowners increases the cost of a mortgage.
In general, one can feel compassion for and empathize with individual plaintiffs in a lawsuit who are facing hardship. They are visible. One cannot feel compassion for or empathize with impersonal corporate defendants, who, should they incur liability, will pass the costs on to consumers, reduce their output, or cut employment. Those who must pay more for products, or are unable to obtain needed goods or services, or cannot find a job are invisible.
The law consists of abstract rules because we know that, as human beings, judges are unable to foresee all of the long-term consequences of their decisions and may be unduly influenced by the immediate, visible effects of these decisions. The rules of law are designed in part to strike the proper balance between the interests of those who are seen and those who are not seen. The purpose of the rules is to enable judges to resist the emotionally engaging temptation to relieve the plight of those they can see and empathize with, even when doing so would be unfair to those they cannot see.
Calling on judges to be compassionate or empathetic is in effect to ask them to undo this balance and favor the seen over the unseen. Paraphrasing Bastiat, if the difference between the bad judge and the good judge is that the bad judge focuses on the visible effects of his or her decisions while the good judge takes into account both the effects that can be seen and those that are unseen, then the compassionate, empathetic judge is very likely to be a bad judge. For this reason, let us hope that Judge Sotomayor proves to be a disappointment to her sponsor.
What I Learned as a Car Czar
What I Learned as a Car Czar. By Ion Mihai Pacepa
History shows government and automobile manufacturing don't mix.
WSJ, Jun 01, 2009
They say history repeats itself. If you are like me and have lived two lives, you have a good chance of seeing the re-enactment with your own eyes. The current takeover of General Motors by the U.S. government and United Auto Workers makes me think back to Romania's catastrophic mismanagement of the car factories it built jointly with the French companies Renault and Citroen. I was Romania's car czar.
When the Romanian dictator Nicolae Ceausescu decided in the mid-1960s that he wanted to have a car industry, he chose me to start the project rolling. In the land of the blind, the one-eyed man is king. I knew nothing about manufacturing cars, but neither did anyone else among Ceausescu's top men. However, my father had spent most of his life running the service department of the General Motors affiliate in Bucharest.
My job at the time was as head of the Romanian industrial espionage program. Ceausescu tasked me to mediate the purchase of a minimum, basic license for a small car from a major Western manufacturer, and then to steal everything else needed to produce the car.
Three Western companies competed for the honor. Ceausescu decided on Renault, because it was owned by the French government (all Soviet bloc rulers distrusted private companies). We ended up with a license for an antiquated and about-to-be-discontinued Renault-12 car, because it was the cheapest. "Good enough for the idiots," Ceausescu decided, showing what he thought of the Romanian people. He baptized the car Dacia, to commemorate Romania's 2,000-year history going back to Dacia Felix, as the ancient Romans called that part of the world. In that government-run economy, symbolism was the most important consideration, especially when it came to things in short supply (such as food).
"Too luxurious for the idiots," Ceausescu decreed when he saw the first Dacia car made in Romania. Immediately, the radio, right side mirror and backseat heating were dropped. Other "unnecessary luxuries" were soon eliminated by the bureaucrats and their workers' union that were running the factory. The car that finally hit the market was a stripped-down version of the old, stripped-down Renault 12. "Perfect for the idiots," Ceausescu approved. Indeed, the Romanian people, who had never before had any car, came to cherish the Dacia.
For the Western market, however, the Dacia was a nightmare. To the best of my knowledge, no Dacia car was ever sold in the U.S.
Ceausescu, undaunted, was determined to see Romanian cars running around in every country in the world. He tasked me to buy another Western license, this time to produce a car tailored for export. Oltcit was the name of the new car -- an amalgam made from the words Oltenia, Ceausescu's native province, and the French car maker Citroen, which owned 49% of the shares. Oltcit was projected to produce between 90,000 and 150,000 compact cars designed by Citroen.
Ceausescu micromanaged Oltcit, but he didn't even know how to drive a car, much less run a car industry. To save the foreign currency he coveted, he decreed that the components for the Oltcit were to be manufactured at 166 existing Romanian factories. Coordinating 166 plants to have them deliver all the parts on time would be a monumental job even for an experienced car producer. It proved impossible for the Romanian bureaucracy, which pretended to work and was paid accordingly. The Oltcit factory could produce only 1% to 1.5% of its intended capacity owing to the lack of the parts that those 166 companies were supposed to furnish simultaneously. The Oltcit project lost billions.
Ceausescu was an extreme case, but automobile manufacturing and government were never a good mix in any socialist/communist country. In the late 1950s, when I headed Romania's foreign intelligence station in West Germany, I worked closely with the foreign branch of the East German Stasi. Its chief, Markus Wolf, rewarded me with a Trabant car -- the pride of East Germany -- when I left to return to Romania.
That ugly little car became famous in 1989 when thousands of East Germans used it to cross to the West. The Trabant originally derived from a well regarded West German car (the DKW) made by Audi, which today produces some of the most prestigious cars in the world. In the hands of the East German government, the unfortunate DKW became a farce of a car. The bureaucrats and the union that ran the Trabant factory made the car smaller and boxier, to give it a more proletarian look. To reduce production costs, they cut down on the size of the original, already small DKW engine, and they replaced the metal body with one made of plastic-covered cardboard. What rolled off the assembly line was a kind of horseless carriage that roared like a lawn mower and polluted the air worse than a whole city block full of big Western cars.
After German reunification, the plucky little "Trabi" that East Germans used to wait 10 years to buy became an embarrassment, and its production was stopped. Germany's junkyards are now piled high with Trabants, which cannot be recycled because burning their plastic-covered cardboard bodies would release poisonous dioxins. German scientists are now trying to develop a bacterium to devour the cardboard-and-plastic body.
Automobile manufacturing and government do not mix in capitalist countries either. In the spring of 1978 Ceausescu appointed me chief of his Presidential House, a new position supposed to be similar to that of the White House chief of staff. To go with it he gave me a big Jaguar car. That Jaguar, which at the time had been produced in a government-run British factory, was so bad that it spent more time in the garage being repaired than it did on the road.
"Apart from some Russian factories in Gorky, Jaguars were the worst," Ford executive Bill Hayden stated when Ford bought the nationalized British car maker in 1988. How did the famous Jaguar, one of the most prestigious cars in the world, become a joke?
In 1945, the British voters, tired of four years of war, kicked out Winston Churchill and elected a leftist parliament led by Labour's Clement Attlee. Attlee nationalized the automobile, trucking and coal industries, as well as communication facilities, civil aviation, electricity and steel. Britain was already saddled by crushing war debts. Now it was sapped of economic vigor. The old empire quickly passed into history. It would take decades until Margaret Thatcher's privatization reforms restored Britain's place among the world's top-tier economies.
The United States is far more powerful than Great Britain was then, and no American Attlee should be capable of destroying its solid economic and political base. I hope that the U.S. administration, Congress and the American voters will take a closer look at history and prevent our automotive industry from following down the Dacia, Oltcit or Jaguar path.
Lt. Gen. Pacepa, the highest ranking Soviet bloc official granted political asylum in the U.S., is the author of the memoir "Red Horizons" (Regnery, 1987).
History shows government and automobile manufacturing don't mix.
WSJ, Jun 01, 2009
They say history repeats itself. If you are like me and have lived two lives, you have a good chance of seeing the re-enactment with your own eyes. The current takeover of General Motors by the U.S. government and United Auto Workers makes me think back to Romania's catastrophic mismanagement of the car factories it built jointly with the French companies Renault and Citroen. I was Romania's car czar.
When the Romanian dictator Nicolae Ceausescu decided in the mid-1960s that he wanted to have a car industry, he chose me to start the project rolling. In the land of the blind, the one-eyed man is king. I knew nothing about manufacturing cars, but neither did anyone else among Ceausescu's top men. However, my father had spent most of his life running the service department of the General Motors affiliate in Bucharest.
My job at the time was as head of the Romanian industrial espionage program. Ceausescu tasked me to mediate the purchase of a minimum, basic license for a small car from a major Western manufacturer, and then to steal everything else needed to produce the car.
Three Western companies competed for the honor. Ceausescu decided on Renault, because it was owned by the French government (all Soviet bloc rulers distrusted private companies). We ended up with a license for an antiquated and about-to-be-discontinued Renault-12 car, because it was the cheapest. "Good enough for the idiots," Ceausescu decided, showing what he thought of the Romanian people. He baptized the car Dacia, to commemorate Romania's 2,000-year history going back to Dacia Felix, as the ancient Romans called that part of the world. In that government-run economy, symbolism was the most important consideration, especially when it came to things in short supply (such as food).
"Too luxurious for the idiots," Ceausescu decreed when he saw the first Dacia car made in Romania. Immediately, the radio, right side mirror and backseat heating were dropped. Other "unnecessary luxuries" were soon eliminated by the bureaucrats and their workers' union that were running the factory. The car that finally hit the market was a stripped-down version of the old, stripped-down Renault 12. "Perfect for the idiots," Ceausescu approved. Indeed, the Romanian people, who had never before had any car, came to cherish the Dacia.
For the Western market, however, the Dacia was a nightmare. To the best of my knowledge, no Dacia car was ever sold in the U.S.
Ceausescu, undaunted, was determined to see Romanian cars running around in every country in the world. He tasked me to buy another Western license, this time to produce a car tailored for export. Oltcit was the name of the new car -- an amalgam made from the words Oltenia, Ceausescu's native province, and the French car maker Citroen, which owned 49% of the shares. Oltcit was projected to produce between 90,000 and 150,000 compact cars designed by Citroen.
Ceausescu micromanaged Oltcit, but he didn't even know how to drive a car, much less run a car industry. To save the foreign currency he coveted, he decreed that the components for the Oltcit were to be manufactured at 166 existing Romanian factories. Coordinating 166 plants to have them deliver all the parts on time would be a monumental job even for an experienced car producer. It proved impossible for the Romanian bureaucracy, which pretended to work and was paid accordingly. The Oltcit factory could produce only 1% to 1.5% of its intended capacity owing to the lack of the parts that those 166 companies were supposed to furnish simultaneously. The Oltcit project lost billions.
Ceausescu was an extreme case, but automobile manufacturing and government were never a good mix in any socialist/communist country. In the late 1950s, when I headed Romania's foreign intelligence station in West Germany, I worked closely with the foreign branch of the East German Stasi. Its chief, Markus Wolf, rewarded me with a Trabant car -- the pride of East Germany -- when I left to return to Romania.
That ugly little car became famous in 1989 when thousands of East Germans used it to cross to the West. The Trabant originally derived from a well regarded West German car (the DKW) made by Audi, which today produces some of the most prestigious cars in the world. In the hands of the East German government, the unfortunate DKW became a farce of a car. The bureaucrats and the union that ran the Trabant factory made the car smaller and boxier, to give it a more proletarian look. To reduce production costs, they cut down on the size of the original, already small DKW engine, and they replaced the metal body with one made of plastic-covered cardboard. What rolled off the assembly line was a kind of horseless carriage that roared like a lawn mower and polluted the air worse than a whole city block full of big Western cars.
After German reunification, the plucky little "Trabi" that East Germans used to wait 10 years to buy became an embarrassment, and its production was stopped. Germany's junkyards are now piled high with Trabants, which cannot be recycled because burning their plastic-covered cardboard bodies would release poisonous dioxins. German scientists are now trying to develop a bacterium to devour the cardboard-and-plastic body.
Automobile manufacturing and government do not mix in capitalist countries either. In the spring of 1978 Ceausescu appointed me chief of his Presidential House, a new position supposed to be similar to that of the White House chief of staff. To go with it he gave me a big Jaguar car. That Jaguar, which at the time had been produced in a government-run British factory, was so bad that it spent more time in the garage being repaired than it did on the road.
"Apart from some Russian factories in Gorky, Jaguars were the worst," Ford executive Bill Hayden stated when Ford bought the nationalized British car maker in 1988. How did the famous Jaguar, one of the most prestigious cars in the world, become a joke?
In 1945, the British voters, tired of four years of war, kicked out Winston Churchill and elected a leftist parliament led by Labour's Clement Attlee. Attlee nationalized the automobile, trucking and coal industries, as well as communication facilities, civil aviation, electricity and steel. Britain was already saddled by crushing war debts. Now it was sapped of economic vigor. The old empire quickly passed into history. It would take decades until Margaret Thatcher's privatization reforms restored Britain's place among the world's top-tier economies.
The United States is far more powerful than Great Britain was then, and no American Attlee should be capable of destroying its solid economic and political base. I hope that the U.S. administration, Congress and the American voters will take a closer look at history and prevent our automotive industry from following down the Dacia, Oltcit or Jaguar path.
Lt. Gen. Pacepa, the highest ranking Soviet bloc official granted political asylum in the U.S., is the author of the memoir "Red Horizons" (Regnery, 1987).
WSJ Editorial Page: The Obama Motor Co.
The Obama Motor Co. WSJ Editorial
WSJ, Jun 01, 2009
Back in December, in an economy far, far away, then-CEO Rick Wagoner tossed out the scary cost to taxpayers of $100 billion if General Motors wasn't saved by the government. Well, GM was saved in December and again in March, and as early as today the feds will rescue it a third time in a prepackaged bankruptcy that is already costing at least $50 billion, and that's for starters. Welcome to Obama Motors, and what is likely to be a long, expensive and unhappy exercise in political car making.
Taxpayers have so far put up nearly $20 billion, which was supposed to be a loan at market rates but under Treasury's forced restructuring will mostly be converted into equity in the new GM. The feds are also putting up $30.1 billion in "debtor in possession" financing and will effectively nationalize the once-mighty auto maker by taking roughly 60% ownership. (That's not counting $12.5 billion to save GMAC, the company's financing arm.) The Canadian government will go along for the ride for 12% of the new GM, the UAW will get about 17.5%, and the hapless bond holders have to settle for 10%.
The Obama Treasury is portraying this as the best solution to the mess it inherited, leaving GM with much-reduced legacy costs for health care, a cleaned-up balance sheet, a humbler UAW that has forgone some performance pay, and a more efficient dealer network and product line. GM, we are told, will now be able to make a profit and some day even return money to taxpayers. If you close your eyes and imagine that GM's private managers would be able to make decisions based solely on business judgment, you can even start to believe.
But then you snap out of it.
Every decision the feds have made since December suggests that nonpolitical management will be impossible. First they replaced Mr. Wagoner -- whom they are nonetheless still paying -- with the more pliable Fritz Henderson as CEO and Kent Kresa as Chairman. The latter are good at playing Washington but unproven in making popular cars. Then Treasury bludgeoned the bond holders in both Chrysler and GM to take pennies on the dollar, which will not make creditors eager to lend to the companies in the future.
There's also the labor agreement that the UAW approved last week, which goes some way toward reducing costs but probably not enough to make the new, smaller GM competitive. The new agreement simplifies some work rules and job descriptions but makes no reductions in hourly pay, pensions or health care for active workers. The agreement must also be renegotiated in two years by an Obama Administration running for re-election and weighing the need to keep Big Labor happy against the risks to taxpayer-shareholders. Who do you think wins that White House debate?
The Administration's concessions to the UAW also restrict the company's ability to import smaller, more fuel-efficient cars that it already makes overseas. UAW President Ron Gettelfinger boasted on PBS's "NewsHour" last week that "we, quite frankly, put pressure on the White House, the [auto] task force, the corporation" to bar small-car imports from overseas. GM is also selling its Opel operation in Europe as part of this restructuring, and the Washington Post reports that one of Treasury's sale conditions is that Opel's new owners must stay out of the U.S., and even out of China, where GM's business is strong.
This is raw trade protectionism. It is also textbook cartel behavior and would be an antitrust violation if practiced by a business. But the benefits for GM are illusory because the import limits mean the company will have to spend even more to retool its domestic plants to make the little green cars that President Obama and Congress are demanding. No one knows if Americans will buy such cars, even if GM can make them competitively in the U.S.
The Administration promises to wield a light ownership hand, but it's only a matter of time before Congress starts to micromanage GM's business judgments. Every decision to close a plant will be second-guessed, much like a military base-closing. And what about buying parts from foreign suppliers? Will those also be banned when Mr. Gettelfinger demands it, even if the costs are lower? GM's managers and directors will have one eye on enhancing shareholder value, but the other on pleasing their political minders in Washington.
The Obama Administration has been whispering to the press that it could start selling its stake within a year to 18 months, and that it hopes to be out of the business entirely in five years. But even assuming that the taxpayer investment stops at $50 billion, GM would have to be worth a cool $80 billion for taxpayers to break even on their 60% stake. By way of comparison, GM's market capitalization at its recent peak in 2000 was only $56 billion.
The larger corruption will be when government tries to vindicate its ownership by favoring GM over Ford and the other auto makers that aren't wards of the state. The TARP legislation contained one blatant example in the form of a $7,500 tax credit for consumers who buy GM's new electric car, the Chevy Volt. Expect more such favoritism, including huge new subsidies for green cars if consumers prove resistant to their charms.
Mr. Obama likes to say he's a pragmatist who only prefers a government solution when it will work. But in resurrecting an industrial auto policy that even the French long ago abandoned, the President has made himself GM's de facto CEO. Our guess is that he'll come to regret it as much as taxpayers will.
WSJ, Jun 01, 2009
Back in December, in an economy far, far away, then-CEO Rick Wagoner tossed out the scary cost to taxpayers of $100 billion if General Motors wasn't saved by the government. Well, GM was saved in December and again in March, and as early as today the feds will rescue it a third time in a prepackaged bankruptcy that is already costing at least $50 billion, and that's for starters. Welcome to Obama Motors, and what is likely to be a long, expensive and unhappy exercise in political car making.
Taxpayers have so far put up nearly $20 billion, which was supposed to be a loan at market rates but under Treasury's forced restructuring will mostly be converted into equity in the new GM. The feds are also putting up $30.1 billion in "debtor in possession" financing and will effectively nationalize the once-mighty auto maker by taking roughly 60% ownership. (That's not counting $12.5 billion to save GMAC, the company's financing arm.) The Canadian government will go along for the ride for 12% of the new GM, the UAW will get about 17.5%, and the hapless bond holders have to settle for 10%.
The Obama Treasury is portraying this as the best solution to the mess it inherited, leaving GM with much-reduced legacy costs for health care, a cleaned-up balance sheet, a humbler UAW that has forgone some performance pay, and a more efficient dealer network and product line. GM, we are told, will now be able to make a profit and some day even return money to taxpayers. If you close your eyes and imagine that GM's private managers would be able to make decisions based solely on business judgment, you can even start to believe.
But then you snap out of it.
Every decision the feds have made since December suggests that nonpolitical management will be impossible. First they replaced Mr. Wagoner -- whom they are nonetheless still paying -- with the more pliable Fritz Henderson as CEO and Kent Kresa as Chairman. The latter are good at playing Washington but unproven in making popular cars. Then Treasury bludgeoned the bond holders in both Chrysler and GM to take pennies on the dollar, which will not make creditors eager to lend to the companies in the future.
There's also the labor agreement that the UAW approved last week, which goes some way toward reducing costs but probably not enough to make the new, smaller GM competitive. The new agreement simplifies some work rules and job descriptions but makes no reductions in hourly pay, pensions or health care for active workers. The agreement must also be renegotiated in two years by an Obama Administration running for re-election and weighing the need to keep Big Labor happy against the risks to taxpayer-shareholders. Who do you think wins that White House debate?
The Administration's concessions to the UAW also restrict the company's ability to import smaller, more fuel-efficient cars that it already makes overseas. UAW President Ron Gettelfinger boasted on PBS's "NewsHour" last week that "we, quite frankly, put pressure on the White House, the [auto] task force, the corporation" to bar small-car imports from overseas. GM is also selling its Opel operation in Europe as part of this restructuring, and the Washington Post reports that one of Treasury's sale conditions is that Opel's new owners must stay out of the U.S., and even out of China, where GM's business is strong.
This is raw trade protectionism. It is also textbook cartel behavior and would be an antitrust violation if practiced by a business. But the benefits for GM are illusory because the import limits mean the company will have to spend even more to retool its domestic plants to make the little green cars that President Obama and Congress are demanding. No one knows if Americans will buy such cars, even if GM can make them competitively in the U.S.
The Administration promises to wield a light ownership hand, but it's only a matter of time before Congress starts to micromanage GM's business judgments. Every decision to close a plant will be second-guessed, much like a military base-closing. And what about buying parts from foreign suppliers? Will those also be banned when Mr. Gettelfinger demands it, even if the costs are lower? GM's managers and directors will have one eye on enhancing shareholder value, but the other on pleasing their political minders in Washington.
The Obama Administration has been whispering to the press that it could start selling its stake within a year to 18 months, and that it hopes to be out of the business entirely in five years. But even assuming that the taxpayer investment stops at $50 billion, GM would have to be worth a cool $80 billion for taxpayers to break even on their 60% stake. By way of comparison, GM's market capitalization at its recent peak in 2000 was only $56 billion.
The larger corruption will be when government tries to vindicate its ownership by favoring GM over Ford and the other auto makers that aren't wards of the state. The TARP legislation contained one blatant example in the form of a $7,500 tax credit for consumers who buy GM's new electric car, the Chevy Volt. Expect more such favoritism, including huge new subsidies for green cars if consumers prove resistant to their charms.
Mr. Obama likes to say he's a pragmatist who only prefers a government solution when it will work. But in resurrecting an industrial auto policy that even the French long ago abandoned, the President has made himself GM's de facto CEO. Our guess is that he'll come to regret it as much as taxpayers will.
McGovern: We could defend ourselves with a military budget half the current size
My Advice for Obama. By George McGovern
We could defend ourselves with a military budget half the current size.
WSJ, Jun 01, 2009
Most Americans probably agree that we have elected a highly articulate, talented president in Barack Obama. He has also given us a potentially great Secretary of State in Hillary Clinton. It makes me proud to witness these two recent political rivals working together to strengthen and enrich America at home and abroad. Recognizing the major economic crisis our new leader has inherited, we must hope his proposed economic plan will be helpful.
I think it will. But as someone on the sidelines, may I suggest a few other steps?
First, why not order all U.S. troops out of Iraq and Afghanistan by Thanksgiving? They should be greeted at home with a duplication of the GI Bill of Rights that I enjoyed as a combat bomber pilot following World War II.
This means offering each soldier a college education at any school of his or her choice. In 1945, after completing my few remaining months for a Bachelor's degree at Dakota Wesleyan, I enrolled at Northwestern University and went all the way to a Ph.D. in history without any cost to me except hard work. Other veterans chose to buy a farm or start a business with low-cost, government-guaranteed loans.
We now spend $12 billion a month on wars in Iraq and Afghanistan -- two mistaken invasions that have increased violence and terrorism in the Middle East. For a fraction of what we are spending on these badly conceived interventions, we could fund a new GI Bill with full medical care for the tens of thousands of veterans who have lost legs or arms or suffered lasting nerve or brain damage.
The second step I would take is to ask Congress to shift half of our military budget to other sources of national security. For almost 50 years, American foreign and national-security policy were believed to require a military budget big enough to win wars against Russia, China and a smaller country such as North Korea simultaneously. We waged what was called a Cold War against an alleged "Sino-Soviet bloc."
As we now know there was no such thing as a bloc involving Russia and China. The relations between these two large communist nations could have better been described as a rivalry.
In his second term, Ronald Reagan met with Soviet leader Mikhail Gorbachev, who proposed that the two countries end the Cold War and the arms race. Reagan agreed, and the danger of war between the two nuclear giants has since subsided. As for China, no one any longer fears war with this most-populous, fast-developing country to which we have extended "most favored nation" trading status. It would seem that no nation now threatens us.
There is the terrorist danger, but this is not a military problem. Terrorism is a by-product of military weakness. The terrorist has no battleships, bombers, missiles, tanks, organized armies or heavy artillery.
The only significant terrorist attack on the U.S., on Sept. 11, 2001, was carried out by 19 young men from Saudi Arabia and Egypt armed only with boxcutters. They used these devices to intimidate the crews of four airplanes into surrendering control of their planes. The terrorists then suicidally flew the planes into buildings.
This event, which took place nearly a decade ago, dramatized the limitation of a huge military budget in assuring national security. Nonetheless, our military budget is higher than ever -- $515 billion annually, not including the cost of Iraq and Afghanistan.
This figure is greater than the combined military budgets of the rest of the world. We could defend ourselves with an arms budget half that size. If we directed the $250 billion we could save annually into national health care, improved education, a better environment and restoring our infrastructure, the nation would be more secure, better employed and have a higher standard of life. Or the savings might be used for annual reductions in the national debt.
To cut spending for more and more costly armaments and these two wars would require both common sense and a measure of political courage on the part of the president and Congress. Why? Because all 50 states have either a military installation or a defense contract or both. These create payrolls and jobs.
That is a major reason for investing an equal sum in the public programs suggested here, which should provide as many or more jobs than are now offered by surplus military spending. Much of the arms spending is for things that are capital-intensive but low on job creation. The reverse is true for public investment in such things as upgrading our decaying infrastructure, protecting the environment, providing quality teachers and schools, and improved health care.
Finally, I would like to see America build the fastest, safest and cleanest-powered railway system in the world. This nationwide system of passenger and freight rail service should be integrated with equally superior public transit facilities in our cities.
Very few Americans are in the market for a tank or aircraft carrier. There are many eager consumers for the world's best, fastest and safest rail and transit systems.
All aboard!
Mr. McGovern is a former senator from South Dakota and the 1972 Democratic presidential candidate.
We could defend ourselves with a military budget half the current size.
WSJ, Jun 01, 2009
Most Americans probably agree that we have elected a highly articulate, talented president in Barack Obama. He has also given us a potentially great Secretary of State in Hillary Clinton. It makes me proud to witness these two recent political rivals working together to strengthen and enrich America at home and abroad. Recognizing the major economic crisis our new leader has inherited, we must hope his proposed economic plan will be helpful.
I think it will. But as someone on the sidelines, may I suggest a few other steps?
First, why not order all U.S. troops out of Iraq and Afghanistan by Thanksgiving? They should be greeted at home with a duplication of the GI Bill of Rights that I enjoyed as a combat bomber pilot following World War II.
This means offering each soldier a college education at any school of his or her choice. In 1945, after completing my few remaining months for a Bachelor's degree at Dakota Wesleyan, I enrolled at Northwestern University and went all the way to a Ph.D. in history without any cost to me except hard work. Other veterans chose to buy a farm or start a business with low-cost, government-guaranteed loans.
We now spend $12 billion a month on wars in Iraq and Afghanistan -- two mistaken invasions that have increased violence and terrorism in the Middle East. For a fraction of what we are spending on these badly conceived interventions, we could fund a new GI Bill with full medical care for the tens of thousands of veterans who have lost legs or arms or suffered lasting nerve or brain damage.
The second step I would take is to ask Congress to shift half of our military budget to other sources of national security. For almost 50 years, American foreign and national-security policy were believed to require a military budget big enough to win wars against Russia, China and a smaller country such as North Korea simultaneously. We waged what was called a Cold War against an alleged "Sino-Soviet bloc."
As we now know there was no such thing as a bloc involving Russia and China. The relations between these two large communist nations could have better been described as a rivalry.
In his second term, Ronald Reagan met with Soviet leader Mikhail Gorbachev, who proposed that the two countries end the Cold War and the arms race. Reagan agreed, and the danger of war between the two nuclear giants has since subsided. As for China, no one any longer fears war with this most-populous, fast-developing country to which we have extended "most favored nation" trading status. It would seem that no nation now threatens us.
There is the terrorist danger, but this is not a military problem. Terrorism is a by-product of military weakness. The terrorist has no battleships, bombers, missiles, tanks, organized armies or heavy artillery.
The only significant terrorist attack on the U.S., on Sept. 11, 2001, was carried out by 19 young men from Saudi Arabia and Egypt armed only with boxcutters. They used these devices to intimidate the crews of four airplanes into surrendering control of their planes. The terrorists then suicidally flew the planes into buildings.
This event, which took place nearly a decade ago, dramatized the limitation of a huge military budget in assuring national security. Nonetheless, our military budget is higher than ever -- $515 billion annually, not including the cost of Iraq and Afghanistan.
This figure is greater than the combined military budgets of the rest of the world. We could defend ourselves with an arms budget half that size. If we directed the $250 billion we could save annually into national health care, improved education, a better environment and restoring our infrastructure, the nation would be more secure, better employed and have a higher standard of life. Or the savings might be used for annual reductions in the national debt.
To cut spending for more and more costly armaments and these two wars would require both common sense and a measure of political courage on the part of the president and Congress. Why? Because all 50 states have either a military installation or a defense contract or both. These create payrolls and jobs.
That is a major reason for investing an equal sum in the public programs suggested here, which should provide as many or more jobs than are now offered by surplus military spending. Much of the arms spending is for things that are capital-intensive but low on job creation. The reverse is true for public investment in such things as upgrading our decaying infrastructure, protecting the environment, providing quality teachers and schools, and improved health care.
Finally, I would like to see America build the fastest, safest and cleanest-powered railway system in the world. This nationwide system of passenger and freight rail service should be integrated with equally superior public transit facilities in our cities.
Very few Americans are in the market for a tank or aircraft carrier. There are many eager consumers for the world's best, fastest and safest rail and transit systems.
All aboard!
Mr. McGovern is a former senator from South Dakota and the 1972 Democratic presidential candidate.
The United States and China, Cooperating for Recovery and Growth
The United States and China, Cooperating for Recovery and Growth. By Secretary T Geithner
June 01, 2009
June 01, 2009
Sunday, May 31, 2009
Why It's So Hard to Close Gitmo
Why It's So Hard to Close Gitmo. By David B Rivkin Jr and Lee A Casey
Holding jihadists in existing U.S. facilities probably violates international law.
WSJ, May 30, 2009
President Barack Obama is retaining many important Bush administration antiterror policies, including the detention without trial of jihadist captives as well as military commissions. He is determined, however, to close the Guantanamo detention facility because he believes doing so will not cause many problems in the U.S., and will improve our image abroad and bolster international support for U.S. antiterror policies. He will be disappointed on all counts.
Guantanamo has always been a symbol, rather than the substance, of complaints against America's "war on terror." It's the military character of the U.S. response to 9/11 that foreign and domestic critics won't accept.
There are also longstanding ideological currents at work here. At least since the 1970s, "progressive" international activists have sought to level the playing field between nation states (especially the U.S. and Israel) and nonstate actors such as the Palestine Liberation Organization and Hamas. Although international humanitarian law is supposed to apply neutrally to all belligerents, international opinion now gives nonstate actors far more leeway to ignore fundamental norms such as the rule against deliberately targeting civilians. The underlying implication is that terrorist tactics, however regrettable, are justified as the only means of achieving laudable goals like national liberation.
This mindset will not change if Guantanamo closes. At the same time, closing the detention facilities will create numerous headaches quite beyond the security issues raised by dangerous detainees who might escape or serve as a magnet for terrorist attacks in U.S.-based facilities.
One immediate problem, identified by FBI Director Robert Mueller, is the very real possibility that the Guantanamo detainees will recruit more terrorists from among the federal inmate population and continue al Qaeda operations from the inside. Radical Islamists already preach jihad in prisons -- this was how the just-arrested New York synagogue bombers were recruited -- and criminal gangs have proved that a half-in/half-out management model works.
A longer-term problem is that once Guantanamo is closed the option of holding captured enemy combatants any place overseas will be undermined. Over time, more and more such individuals, including the ones convicted by military commissions, would have to be brought to the U.S., especially as Europe backs away from taking such individuals. Aggregating the world's worst jihadists on American soil, from which they can never be repatriated, is not a smart way to fight a war.
Meanwhile, the legality of incarcerating captured terrorists in U.S. domestic prisons is far from clear. Today the Guantanamo detainees are held under well-established laws of war permitting belligerents to confine captured enemies until hostilities are over. This detention, without the due process accorded criminal defendants, has always been legally justified because it emphatically is not penal in nature but a simple expedient necessary to keep captives from returning to the fight. It was on this basis that the Supreme Court approved the detention of war-on-terror captives, without trial, in Hamdi v. Rumsfeld (2004).
The Guantanamo detainees are "unlawful" enemy combatants and not "prisoners of war" under the Geneva Conventions. Yet they are still combatants, not convicts. By contrast, the individuals held in the federal prison system, and especially those in the maximum security facilities suggested for the Guantanamo detainees, are convicted criminals.
It is very doubtful that under the customary laws and customs of war, the Hamdi decision, or Common Article 3 of the Geneva Conventions (which the Supreme Court also has applied to the war on terror) the Guantanamo detainees can be treated like convicted criminals and consigned without trial to the genuinely fearsome world of a super-max prison.
Segregating the detainees from the overall prison population -- to maintain the "non-penal" character of their confinement as well as to frustrate any recruiting activities or continuing al Qaeda operations -- is also legally dubious. Unless a new Guantanamo is to be constructed, this segregation will have to take place in existing isolation wards used to discipline (and sometimes protect) federal inmates.
This could mean solitary confinement, perhaps for 23 hours a day, without regard to a detainee's conduct or disciplinary status. The chances that courts would consider this to be the "humane" treatment required by the Geneva conventions are not overwhelming.
The Obama administration can be certain these conditions will be challenged in the courts, and it is difficult to see how, in light of current judicial attitudes, the detainees will be denied the entire panoply of constitutional rights claimed by ordinary inmates -- including lawsuits challenging their conditions of confinement. If courts conclude that these conditions are unconstitutional, or that they cannot be held indefinitely as enemy combatants, judges could mandate the release of these jihadists into the U.S.
Mr. Obama can still reverse his decision to close Guantanamo. This would cost him significant political support among his base. But making unpopular decisions to serve the national interest is a president's duty and obligation. In this regard, Mr. Obama should follow his predecessor's example and put American national security before the vagaries of popular approval.
Messrs. Rivkin and Casey worked in the Justice Department under Presidents Reagan and George H.W. Bush, and have served as expert members of the U.N. Subcommission on the Promotion and Protection of Human Rights.
Holding jihadists in existing U.S. facilities probably violates international law.
WSJ, May 30, 2009
President Barack Obama is retaining many important Bush administration antiterror policies, including the detention without trial of jihadist captives as well as military commissions. He is determined, however, to close the Guantanamo detention facility because he believes doing so will not cause many problems in the U.S., and will improve our image abroad and bolster international support for U.S. antiterror policies. He will be disappointed on all counts.
Guantanamo has always been a symbol, rather than the substance, of complaints against America's "war on terror." It's the military character of the U.S. response to 9/11 that foreign and domestic critics won't accept.
There are also longstanding ideological currents at work here. At least since the 1970s, "progressive" international activists have sought to level the playing field between nation states (especially the U.S. and Israel) and nonstate actors such as the Palestine Liberation Organization and Hamas. Although international humanitarian law is supposed to apply neutrally to all belligerents, international opinion now gives nonstate actors far more leeway to ignore fundamental norms such as the rule against deliberately targeting civilians. The underlying implication is that terrorist tactics, however regrettable, are justified as the only means of achieving laudable goals like national liberation.
This mindset will not change if Guantanamo closes. At the same time, closing the detention facilities will create numerous headaches quite beyond the security issues raised by dangerous detainees who might escape or serve as a magnet for terrorist attacks in U.S.-based facilities.
One immediate problem, identified by FBI Director Robert Mueller, is the very real possibility that the Guantanamo detainees will recruit more terrorists from among the federal inmate population and continue al Qaeda operations from the inside. Radical Islamists already preach jihad in prisons -- this was how the just-arrested New York synagogue bombers were recruited -- and criminal gangs have proved that a half-in/half-out management model works.
A longer-term problem is that once Guantanamo is closed the option of holding captured enemy combatants any place overseas will be undermined. Over time, more and more such individuals, including the ones convicted by military commissions, would have to be brought to the U.S., especially as Europe backs away from taking such individuals. Aggregating the world's worst jihadists on American soil, from which they can never be repatriated, is not a smart way to fight a war.
Meanwhile, the legality of incarcerating captured terrorists in U.S. domestic prisons is far from clear. Today the Guantanamo detainees are held under well-established laws of war permitting belligerents to confine captured enemies until hostilities are over. This detention, without the due process accorded criminal defendants, has always been legally justified because it emphatically is not penal in nature but a simple expedient necessary to keep captives from returning to the fight. It was on this basis that the Supreme Court approved the detention of war-on-terror captives, without trial, in Hamdi v. Rumsfeld (2004).
The Guantanamo detainees are "unlawful" enemy combatants and not "prisoners of war" under the Geneva Conventions. Yet they are still combatants, not convicts. By contrast, the individuals held in the federal prison system, and especially those in the maximum security facilities suggested for the Guantanamo detainees, are convicted criminals.
It is very doubtful that under the customary laws and customs of war, the Hamdi decision, or Common Article 3 of the Geneva Conventions (which the Supreme Court also has applied to the war on terror) the Guantanamo detainees can be treated like convicted criminals and consigned without trial to the genuinely fearsome world of a super-max prison.
Segregating the detainees from the overall prison population -- to maintain the "non-penal" character of their confinement as well as to frustrate any recruiting activities or continuing al Qaeda operations -- is also legally dubious. Unless a new Guantanamo is to be constructed, this segregation will have to take place in existing isolation wards used to discipline (and sometimes protect) federal inmates.
This could mean solitary confinement, perhaps for 23 hours a day, without regard to a detainee's conduct or disciplinary status. The chances that courts would consider this to be the "humane" treatment required by the Geneva conventions are not overwhelming.
The Obama administration can be certain these conditions will be challenged in the courts, and it is difficult to see how, in light of current judicial attitudes, the detainees will be denied the entire panoply of constitutional rights claimed by ordinary inmates -- including lawsuits challenging their conditions of confinement. If courts conclude that these conditions are unconstitutional, or that they cannot be held indefinitely as enemy combatants, judges could mandate the release of these jihadists into the U.S.
Mr. Obama can still reverse his decision to close Guantanamo. This would cost him significant political support among his base. But making unpopular decisions to serve the national interest is a president's duty and obligation. In this regard, Mr. Obama should follow his predecessor's example and put American national security before the vagaries of popular approval.
Messrs. Rivkin and Casey worked in the Justice Department under Presidents Reagan and George H.W. Bush, and have served as expert members of the U.N. Subcommission on the Promotion and Protection of Human Rights.
Money and the Schools
Money and the Schools. WSJ Editorial
More isn't better.
WSJ, May 30, 2009
Brace yourself, because there's good news on education -- and in New Jersey of all places. On Thursday, the New Jersey Supreme Court let stand a 2008 law replacing a judge-made funding formula that had been in place since the 1980s. Under the old formula, created by the 1981 Abbott decision, 31 of the state's poor school districts received the lion's share of state education funding. Funding in these so-called "Abbott districts" has been exceeding $17,000 per student, well above the state average of $13,500.
Test scores have improved among younger students, but University of Arkansas professor Gary Ritter says education reformers had hoped for better results in earlier years of the program given that urban districts like Camden are now spending more than rich suburbs. Derrell Bradford of Excellence in Education for Everyone says scores at the lower grades look better because testing has been dumbed down, and he attributes any improvement to the fact that Abbott students can use vouchers for preschool. By any measurement, Abbott students still lag behind those in districts spending far less per student.
New Jersey taxpayers pay the highest property taxes in the country -- $7,000 on average -- to fund their own schools, and then they pay state income taxes to further fund Abbott districts. Under the new law, state funds will be sent automatically to wherever the needy kids are, even if they attend suburban schools. The real reform would be to let parents decide which schools deserve their kids and allow the funding to follow. But at least we've had one more object lesson that more money doesn't mean better schools.
More isn't better.
WSJ, May 30, 2009
Brace yourself, because there's good news on education -- and in New Jersey of all places. On Thursday, the New Jersey Supreme Court let stand a 2008 law replacing a judge-made funding formula that had been in place since the 1980s. Under the old formula, created by the 1981 Abbott decision, 31 of the state's poor school districts received the lion's share of state education funding. Funding in these so-called "Abbott districts" has been exceeding $17,000 per student, well above the state average of $13,500.
Test scores have improved among younger students, but University of Arkansas professor Gary Ritter says education reformers had hoped for better results in earlier years of the program given that urban districts like Camden are now spending more than rich suburbs. Derrell Bradford of Excellence in Education for Everyone says scores at the lower grades look better because testing has been dumbed down, and he attributes any improvement to the fact that Abbott students can use vouchers for preschool. By any measurement, Abbott students still lag behind those in districts spending far less per student.
New Jersey taxpayers pay the highest property taxes in the country -- $7,000 on average -- to fund their own schools, and then they pay state income taxes to further fund Abbott districts. Under the new law, state funds will be sent automatically to wherever the needy kids are, even if they attend suburban schools. The real reform would be to let parents decide which schools deserve their kids and allow the funding to follow. But at least we've had one more object lesson that more money doesn't mean better schools.
Did Larry Summers really sign off on these policies?
Say It Ain't So, Larry. By Irwin M. Stelzer
Did the president's top economic adviser really sign off on these policies?
The Weekly Standard, June 08, 2009, Volume 014, Issue 36
Ninety years ago the Chicago White Sox intentionally lost--dumped, to you sports fans--the World Series. Legend has it that a young fan implored the team's star, "Shoeless" Joe Jackson, as he emerged from the court house, "Say it ain't so, Joe." The Shoeless one allegedly responded, "Yes, I'm afraid it is, kid."
Let's hope that chief White House economic adviser Larry Summers wouldn't respond similarly if someone were to charge that he sat silently when the administration's political types decided it would be just fine to submit a budget that will take the ratio of debt-to-GDP from around 40 percent to 80 percent--most critics say 100 percent is where the debt-to-GDP ratio will in fact end up in ten years. Surely Summers knows that many economists use a rule-of-thumb that suggests that such an increase will force interest rates up between 1.25 and 1.5 percentage points, with unpleasant consequences for our economic growth rate. Or that, according to the highly regarded Stanford professor John Taylor, we could only inflate our way out of the problem by allowing a 100 percent rise in the price level over a ten-year period.
More important, it was only a few weeks ago that Summers told an audience at the Brookings Institution that it is "a criterion of fiscal sustainability that ensures that once the economy has recovered, the ratio of the nation's debt to its income stabilizes rather than continuing to grow. . . . Once your income has returned to normal . . . your debts can't be rising relative to your income." But just such an increase is built into the president's ten-year budget.
Summers is famous for his intellect and ability to shoot down nonsensical ideas, so if he was not asleep or absent, he must have gone along. Say it ain't so, Larry.
The administration, led by GM and Chrysler CEO Barack Obama, also decided to lay hands on the auto industry. First it shortchanged the companies' creditors--pension funds and investors who had lent the -companies money on terms that gave them preferential access to the companies' assets should there be a bankruptcy. What matter contractual obligations when the United Auto Workers is awaiting payback for its support of Obama in the primary and general election campaigns? Surely Summers knows that such a move will make investors more reluctant to lend in the future and inclined to charge higher interest rates to any companies they do finance. Some say Summers sat in on these meetings and either lost the argument--implausible, in the view of those who have jousted with him in the past--or remained silent. Say it ain't so, Larry.
The administration has also promised to lower health care costs by introducing new IT systems and expanding insurance coverage. Virtually every expert says that information technology might be a nice thing--automated records, easily accessible--but at best will have only a trivial effect on costs. And just how expanding coverage can lower costs remains a mystery to most economists. Unless, of course, the administration is planning to ration health care, a nightmarish system that until recently led the National Health Service in Britain to deny treatment to patients suffering from macular degeneration until they were blind in one eye. Summers knows all about these cost figures and the inefficiencies of rationing. Did he decide to go along to get along? Say it ain't so, Larry.
Then there is energy policy. The president says he can make us independent of foreign oil. Summers knows he can't. He knows too that many economists contend fuel efficiency standards are more likely to deny consumers the cars they want than to have any effect on global climate, given the developing countries' plans to build thousands of new coal-fired generating stations. Summers had the opportunity while at Harvard to sit at the feet of the wonderful energy economist Professor William Hogan (as did I, although the thought of Summers meekly sitting at the feet of a colleague does strain credulity). So he must have decided either to nod off during the energy policy meetings at the White House or to defer to climate and energy policy czar Carol Browner. Say it ain't so, Larry.
The administration is determined to encourage trade union membership and the growth of union power. Rules for reviewing the expenditures of union officers are being relaxed. "Card check" is to replace the secret ballot in union recognition elections. Compulsory arbitration is to be accorded a large role in the future, putting government arbitrators in a position to respond favorably to union demands. Summers once believed that unionization contributes to long-term unemployment. That was 20 years ago, and he now says circumstances might have changed. But it is worth reading what he wrote in The Concise Encyclopedia of Economics:
Another cause of long-term unemployment is unionization. High union wages that exceed the competitive market rate are likely to cause job losses in the unionized sector of the economy. Also, those who lose high-wage union jobs are often reluctant to accept alternative low-wage employment. Between 1970 and 1985, for example, a state with a 20 percent unionization rate, approximately the average for the fifty states and the District of Columbia, experienced an unemployment rate that was 1.2 percentage points higher than that of a hypothetical state that had no unions. To put this in perspective, 1.2 percentage points is about 60 percent of the increase in normal unemployment between 1970 and 1985.
So is he in favor of card check, compulsory arbitration, and the rest of the Obama trade union agenda? Say it ain't so, Larry.
There's more, but you get the idea. When Barack Obama won the election and began to staff up, those of us who worried that the administration's policies would lean so far in the direction of political pandering as to create serious economic problems took heart when we learned that Larry Summers was to be at the center of policy-making. His fearless intelligence and debating skills would certainly prevent the administration from making terrible, irrevocable policy errors. Christina Romer, chosen by Obama to chair his Council of Economic Advisers, might prefer that appointment to fidelity to her academic research findings--tax cuts are more effective in stimulating an economy than is spending--but surely Larry Summers would not. So great is his reputation that Obama's chief political adviser, David Axelrod, told the press, "I'm not sure we would have gotten him but for the fact that we have a crisis that is equal to his talents."
Many of us joined Axelrod in praising Obama for landing Summers. And those who know him even slightly had no doubt that he has the good sense to treat fools slightly more kindly than his reputation would lead one to expect. So he could be heard. But we wonder if his voice of sanity has gone the way of Paul Volcker's, stifled and ignored. Say it ain't so, Larry.
Irwin M. Stelzer is a contributing editor to THE WEEKLY STANDARD, director of -economic policy studies at the Hudson Institute, and a columnist for the Sunday Times (London).
Did the president's top economic adviser really sign off on these policies?
The Weekly Standard, June 08, 2009, Volume 014, Issue 36
Ninety years ago the Chicago White Sox intentionally lost--dumped, to you sports fans--the World Series. Legend has it that a young fan implored the team's star, "Shoeless" Joe Jackson, as he emerged from the court house, "Say it ain't so, Joe." The Shoeless one allegedly responded, "Yes, I'm afraid it is, kid."
Let's hope that chief White House economic adviser Larry Summers wouldn't respond similarly if someone were to charge that he sat silently when the administration's political types decided it would be just fine to submit a budget that will take the ratio of debt-to-GDP from around 40 percent to 80 percent--most critics say 100 percent is where the debt-to-GDP ratio will in fact end up in ten years. Surely Summers knows that many economists use a rule-of-thumb that suggests that such an increase will force interest rates up between 1.25 and 1.5 percentage points, with unpleasant consequences for our economic growth rate. Or that, according to the highly regarded Stanford professor John Taylor, we could only inflate our way out of the problem by allowing a 100 percent rise in the price level over a ten-year period.
More important, it was only a few weeks ago that Summers told an audience at the Brookings Institution that it is "a criterion of fiscal sustainability that ensures that once the economy has recovered, the ratio of the nation's debt to its income stabilizes rather than continuing to grow. . . . Once your income has returned to normal . . . your debts can't be rising relative to your income." But just such an increase is built into the president's ten-year budget.
Summers is famous for his intellect and ability to shoot down nonsensical ideas, so if he was not asleep or absent, he must have gone along. Say it ain't so, Larry.
The administration, led by GM and Chrysler CEO Barack Obama, also decided to lay hands on the auto industry. First it shortchanged the companies' creditors--pension funds and investors who had lent the -companies money on terms that gave them preferential access to the companies' assets should there be a bankruptcy. What matter contractual obligations when the United Auto Workers is awaiting payback for its support of Obama in the primary and general election campaigns? Surely Summers knows that such a move will make investors more reluctant to lend in the future and inclined to charge higher interest rates to any companies they do finance. Some say Summers sat in on these meetings and either lost the argument--implausible, in the view of those who have jousted with him in the past--or remained silent. Say it ain't so, Larry.
The administration has also promised to lower health care costs by introducing new IT systems and expanding insurance coverage. Virtually every expert says that information technology might be a nice thing--automated records, easily accessible--but at best will have only a trivial effect on costs. And just how expanding coverage can lower costs remains a mystery to most economists. Unless, of course, the administration is planning to ration health care, a nightmarish system that until recently led the National Health Service in Britain to deny treatment to patients suffering from macular degeneration until they were blind in one eye. Summers knows all about these cost figures and the inefficiencies of rationing. Did he decide to go along to get along? Say it ain't so, Larry.
Then there is energy policy. The president says he can make us independent of foreign oil. Summers knows he can't. He knows too that many economists contend fuel efficiency standards are more likely to deny consumers the cars they want than to have any effect on global climate, given the developing countries' plans to build thousands of new coal-fired generating stations. Summers had the opportunity while at Harvard to sit at the feet of the wonderful energy economist Professor William Hogan (as did I, although the thought of Summers meekly sitting at the feet of a colleague does strain credulity). So he must have decided either to nod off during the energy policy meetings at the White House or to defer to climate and energy policy czar Carol Browner. Say it ain't so, Larry.
The administration is determined to encourage trade union membership and the growth of union power. Rules for reviewing the expenditures of union officers are being relaxed. "Card check" is to replace the secret ballot in union recognition elections. Compulsory arbitration is to be accorded a large role in the future, putting government arbitrators in a position to respond favorably to union demands. Summers once believed that unionization contributes to long-term unemployment. That was 20 years ago, and he now says circumstances might have changed. But it is worth reading what he wrote in The Concise Encyclopedia of Economics:
Another cause of long-term unemployment is unionization. High union wages that exceed the competitive market rate are likely to cause job losses in the unionized sector of the economy. Also, those who lose high-wage union jobs are often reluctant to accept alternative low-wage employment. Between 1970 and 1985, for example, a state with a 20 percent unionization rate, approximately the average for the fifty states and the District of Columbia, experienced an unemployment rate that was 1.2 percentage points higher than that of a hypothetical state that had no unions. To put this in perspective, 1.2 percentage points is about 60 percent of the increase in normal unemployment between 1970 and 1985.
So is he in favor of card check, compulsory arbitration, and the rest of the Obama trade union agenda? Say it ain't so, Larry.
There's more, but you get the idea. When Barack Obama won the election and began to staff up, those of us who worried that the administration's policies would lean so far in the direction of political pandering as to create serious economic problems took heart when we learned that Larry Summers was to be at the center of policy-making. His fearless intelligence and debating skills would certainly prevent the administration from making terrible, irrevocable policy errors. Christina Romer, chosen by Obama to chair his Council of Economic Advisers, might prefer that appointment to fidelity to her academic research findings--tax cuts are more effective in stimulating an economy than is spending--but surely Larry Summers would not. So great is his reputation that Obama's chief political adviser, David Axelrod, told the press, "I'm not sure we would have gotten him but for the fact that we have a crisis that is equal to his talents."
Many of us joined Axelrod in praising Obama for landing Summers. And those who know him even slightly had no doubt that he has the good sense to treat fools slightly more kindly than his reputation would lead one to expect. So he could be heard. But we wonder if his voice of sanity has gone the way of Paul Volcker's, stifled and ignored. Say it ain't so, Larry.
Irwin M. Stelzer is a contributing editor to THE WEEKLY STANDARD, director of -economic policy studies at the Hudson Institute, and a columnist for the Sunday Times (London).
A New York putsch could one day hurt D.C. schoolchildren
Textbook for Failure. WaPo Editorial
A New York putsch could one day hurt D.C. schoolchildren.
WaPo, Sunday, May 31, 2009
WHETHER NEW York Mayor Michael Bloomberg will retain control of the city's public schools will soon be decided by state lawmakers in Albany. This is an issue about which there should be no debate. By any measure, the city's schools are better off today than under the byzantine system that preceded mayoral control. Too much is at stake -- for New York's 1.1 million students as well as for education reform efforts nationwide -- for the legislature to turn back the clock. If the vested interests of the education establishment succeed in their bid to kill off mayoral control in the nation's largest school system, it will make it harder for other cities to sustain the oversight of schools by mayors. Places such as Washington, D.C., are likely to become the next targets.
The 2002 law that gave Mr. Bloomberg direct authority over the schools, replacing a system of local control overseen by a central Board of Education, expires at the end of June. Lawmakers must decide if mayoral control should be maintained, abolished or modified; the lobbying is ferocious. Critics -- including the United Federation of Teachers -- want to curb the mayor's influence, saying that he and Chancellor Joel Klein have ruled like dictators. Among the suggested changes, presented under the specious guise of "checks and balances," are proposals for reconfiguring the education panel that replaced the old school board so that it would be able to overrule the mayor and giving broad new powers to local community councils. So much for accountability and responsibility; apparently the fact that Mr. Bloomberg was overwhelmingly returned to office in 2005 after staking his political future on running the schools isn't enough.
It's important to recall the grim reality prior to mayoral control: struggling and unsafe schools, failing students, inequities in funding, corrupt politics and patronage. Mr. Bloomberg and Mr. Klein instituted such reforms as ending social promotion and standardizing curriculum. They closed chronically low-performing schools and innovated with new and charter schools. No less an authority than U.S. Education Secretary Arne Duncan hailed the undisputed progress of these seven years. "I'm looking at the data here in front of me," Mr. Duncan told the New York Post. "Graduation rates are up. Test scores are up. Teacher salaries are up . . . ." Indeed, test scores announced this month showed 68.9 percent of students in fourth grade and 57 percent of students in eighth grade met or exceeded grade-level readings standards, up from 46.5 percent and 29.5 percent, respectively, in 2002.
Why sacrifice progress and momentum when there are so many students yet to be helped? One answer is in the clear dislike by teachers union officials of the hard-charging Mr. Klein, who, much like his D.C. counterpart, Michelle A. Rhee, is absolutely fearless in putting the interests of children ahead of job protection, seniority or being liked by city pols. Unions talk a good game about wanting to be change agents, but here, when real reform is on the table, they opt for sabotage. Easier to criticize a style of governing than the benefits of real leadership. Easier to look out for your own institutional interests than what's good for pupils.
A lot is riding on the outcome in New York; Washington, where the same union leaders have inserted themselves into the fight over education, should pay particular attention.
A New York putsch could one day hurt D.C. schoolchildren.
WaPo, Sunday, May 31, 2009
WHETHER NEW York Mayor Michael Bloomberg will retain control of the city's public schools will soon be decided by state lawmakers in Albany. This is an issue about which there should be no debate. By any measure, the city's schools are better off today than under the byzantine system that preceded mayoral control. Too much is at stake -- for New York's 1.1 million students as well as for education reform efforts nationwide -- for the legislature to turn back the clock. If the vested interests of the education establishment succeed in their bid to kill off mayoral control in the nation's largest school system, it will make it harder for other cities to sustain the oversight of schools by mayors. Places such as Washington, D.C., are likely to become the next targets.
The 2002 law that gave Mr. Bloomberg direct authority over the schools, replacing a system of local control overseen by a central Board of Education, expires at the end of June. Lawmakers must decide if mayoral control should be maintained, abolished or modified; the lobbying is ferocious. Critics -- including the United Federation of Teachers -- want to curb the mayor's influence, saying that he and Chancellor Joel Klein have ruled like dictators. Among the suggested changes, presented under the specious guise of "checks and balances," are proposals for reconfiguring the education panel that replaced the old school board so that it would be able to overrule the mayor and giving broad new powers to local community councils. So much for accountability and responsibility; apparently the fact that Mr. Bloomberg was overwhelmingly returned to office in 2005 after staking his political future on running the schools isn't enough.
It's important to recall the grim reality prior to mayoral control: struggling and unsafe schools, failing students, inequities in funding, corrupt politics and patronage. Mr. Bloomberg and Mr. Klein instituted such reforms as ending social promotion and standardizing curriculum. They closed chronically low-performing schools and innovated with new and charter schools. No less an authority than U.S. Education Secretary Arne Duncan hailed the undisputed progress of these seven years. "I'm looking at the data here in front of me," Mr. Duncan told the New York Post. "Graduation rates are up. Test scores are up. Teacher salaries are up . . . ." Indeed, test scores announced this month showed 68.9 percent of students in fourth grade and 57 percent of students in eighth grade met or exceeded grade-level readings standards, up from 46.5 percent and 29.5 percent, respectively, in 2002.
Why sacrifice progress and momentum when there are so many students yet to be helped? One answer is in the clear dislike by teachers union officials of the hard-charging Mr. Klein, who, much like his D.C. counterpart, Michelle A. Rhee, is absolutely fearless in putting the interests of children ahead of job protection, seniority or being liked by city pols. Unions talk a good game about wanting to be change agents, but here, when real reform is on the table, they opt for sabotage. Easier to criticize a style of governing than the benefits of real leadership. Easier to look out for your own institutional interests than what's good for pupils.
A lot is riding on the outcome in New York; Washington, where the same union leaders have inserted themselves into the fight over education, should pay particular attention.
Saturday, May 30, 2009
A Tale of Two Tests: Together We Learn to Read and Write
A Tale of Two Tests: Together We Learn to Read and Write. By Francis Beckwith
What's Wrong with the World, May 29, 2009
On Sotomayor's Bartlett v. the New York State Board of Law Examiners case, 1997.
What's Wrong with the World, May 29, 2009
On Sotomayor's Bartlett v. the New York State Board of Law Examiners case, 1997.
Solar Dreaming: Power at 7x the Cost
Obama's Solar Dreaming: Power at 7x the Cost. By Ronald Bailey
Reason Hit & Run, May 28, 2009, 10:15am
During a Democratic Party fundraising swing out West, President Barack Obama dropped by Nellis Air Force Base in Nevada for a photo op with a 140 acre array of 72,000 solar photovoltaic panels. The president praised the installation, declaring it
The Nellis solar facility cost $100 million and can produce 15 megawatts of electricity when the sun shines. So how does this compare with conventional sources of power? The Electric Power Research Institute recently released a report which found that a 1,000 megawatt conventional coal-fired plant would cost about $2.8 billion to build.
A rough scaling up the Nellis solar facility to a 1,000 megawatts at $100 million per 15 megwatts would mean that a comparable solar plant would cost $6.6 billion to build. But wait, there's more. Coal-fired plants operate at about 90 percent capacity, so a truly fair comparison would take into account that a solar plant generally operates at 30 percent of its rated capacity. That would mean that a solar photovoltaic plant using the technologies available at Nellis would actually cost nearly $20 billion to build in order to produce the same amount of power that a conventional coal-fired plant would.
Of course, new breakthroughs in renewable energy technologies may make those costs go way down in the future, but using the current Nellis-type technologies (even with production economies of scale) do not seem to be a way "to build a firmer foundation for economic growth."
But doesn't this fulfill President Obama's much touted promise of creating "five million new green jobs that pay well, can't be outsourced, and help end our dependence on foreign oil"? Well, the solar panels at Nellis were manufactured in the Philippines and assembled in China. Don't get me wrong, if American taxpayers and ratepayers are going to be forced to use solar power, by all means, let's buy the panels from the cheapest sources possible. Even if it increases our dependence on foreign solar.
See also President Obama's praise for a similarly costly facility in Denver here. That array of panels reportedly has a pay back time of 110 years.
Reason Hit & Run, May 28, 2009, 10:15am
During a Democratic Party fundraising swing out West, President Barack Obama dropped by Nellis Air Force Base in Nevada for a photo op with a 140 acre array of 72,000 solar photovoltaic panels. The president praised the installation, declaring it
"a shining example of what's possible when we harness the power of clean, renewable energy to build a new firmer foundation for economic growth."
The Nellis solar facility cost $100 million and can produce 15 megawatts of electricity when the sun shines. So how does this compare with conventional sources of power? The Electric Power Research Institute recently released a report which found that a 1,000 megawatt conventional coal-fired plant would cost about $2.8 billion to build.
A rough scaling up the Nellis solar facility to a 1,000 megawatts at $100 million per 15 megwatts would mean that a comparable solar plant would cost $6.6 billion to build. But wait, there's more. Coal-fired plants operate at about 90 percent capacity, so a truly fair comparison would take into account that a solar plant generally operates at 30 percent of its rated capacity. That would mean that a solar photovoltaic plant using the technologies available at Nellis would actually cost nearly $20 billion to build in order to produce the same amount of power that a conventional coal-fired plant would.
Of course, new breakthroughs in renewable energy technologies may make those costs go way down in the future, but using the current Nellis-type technologies (even with production economies of scale) do not seem to be a way "to build a firmer foundation for economic growth."
But doesn't this fulfill President Obama's much touted promise of creating "five million new green jobs that pay well, can't be outsourced, and help end our dependence on foreign oil"? Well, the solar panels at Nellis were manufactured in the Philippines and assembled in China. Don't get me wrong, if American taxpayers and ratepayers are going to be forced to use solar power, by all means, let's buy the panels from the cheapest sources possible. Even if it increases our dependence on foreign solar.
See also President Obama's praise for a similarly costly facility in Denver here. That array of panels reportedly has a pay back time of 110 years.
Paul Krugman: If Only California Could Just Raise Taxes
Paul Krugman: If Only California Could Just Raise Taxes. By Matt Welch
Reason Hit & Run, May 26, 2009, 9:31am
I wholeheartedly agree with New York Times econ columnist Paul Krugman here:
Despite the economic slump, despite irresponsible policies that have doubled the state's debt burden since Arnold Schwarzenegger became governor, California has immense human and financial resources. It should not be in fiscal crisis; it should not be on the verge of cutting essential public services and denying health coverage to almost a million children. But it is — and you have to wonder if California's political paralysis foreshadows the future of the nation as a whole.
But we part paths at Krugman's next sentence:
The seeds of California's current crisis were planted more than 30 years ago, when voters overwhelmingly passed Proposition 13, a ballot measure that placed the state's budget in a straitjacket.
This notion, as mentioned here previously, is as taken for granted among the state's political/journalistic class as water is by fish. Yes, Prop. 13 (which capped property-tax increases) created some legitimately challenging process issues, in terms of funds being transferred from the local level to the state level and back again. But the real complaint is that the famous tax revolt made it difficult to, well, hike up taxes. Krugman again:
Even more important, however, Proposition 13 made it extremely hard to raise taxes, even in emergencies: no state tax rate may be increased without a two-thirds majority in both houses of the State Legislature.
Here is where the traditional liberal argument loses me. The California budget "emergency" isn't a tax problem, it's a spending problem. State spending in the past two decades, as this Reason Foundation report [PDF] spells out, has increased 5.37 percent a year (and nearly 7 percent for the past decade), compared to a population-plus-inflation growth rate of 4.38 percent. If the budget growth rate had been limited to the population-inflation growth rate, the state would be sitting on a $15 billion surplus right now. Surely enough to dip into during a real emergency. What's more, despite this alleged tax straightjacket, Californians manage to still pay 21.9 percent in state and local taxes, compared to 14.5 percent for Texas.
So to demonstrate that insufficent taxability is the root of California's problems, a persuasive anti-Prop. 13 commentator would need to at least address the fact that state residents still manage to pay a high rate of taxes, and that the government keeps on growing voraciously in both good times and bad. If you're going to tax residents still more (as Krugman desires), don't they deserve to know why the cost of government services keeps going up up up up UP!?
Instead of any of that, Krugman goes on a name-calling binge against minority Republicans. ("Driven mad by lack of power," "the party of Rush Limbaugh," "the party's growing extremism," and so on.)
I am entirely confident in claiming that I know California better than Krugman does (evidenced if by nothing else than by his lazy, college-newspaper usage of the phrase "banana Republic" to describe my native state), and I know intimately from that experience just how many fruits and nuts are sprinkled generously within the state's GOP. And yet surveying a California political and fiscal landscape that has been utterly dominated the past decade by the Democratic Party, and concluding that the problem is the vanishing tribe of Republicans, is at best puzzling. At worst, it's something quite a bit darker than that.
Reason Hit & Run, May 26, 2009, 9:31am
I wholeheartedly agree with New York Times econ columnist Paul Krugman here:
Despite the economic slump, despite irresponsible policies that have doubled the state's debt burden since Arnold Schwarzenegger became governor, California has immense human and financial resources. It should not be in fiscal crisis; it should not be on the verge of cutting essential public services and denying health coverage to almost a million children. But it is — and you have to wonder if California's political paralysis foreshadows the future of the nation as a whole.
But we part paths at Krugman's next sentence:
The seeds of California's current crisis were planted more than 30 years ago, when voters overwhelmingly passed Proposition 13, a ballot measure that placed the state's budget in a straitjacket.
This notion, as mentioned here previously, is as taken for granted among the state's political/journalistic class as water is by fish. Yes, Prop. 13 (which capped property-tax increases) created some legitimately challenging process issues, in terms of funds being transferred from the local level to the state level and back again. But the real complaint is that the famous tax revolt made it difficult to, well, hike up taxes. Krugman again:
Even more important, however, Proposition 13 made it extremely hard to raise taxes, even in emergencies: no state tax rate may be increased without a two-thirds majority in both houses of the State Legislature.
Here is where the traditional liberal argument loses me. The California budget "emergency" isn't a tax problem, it's a spending problem. State spending in the past two decades, as this Reason Foundation report [PDF] spells out, has increased 5.37 percent a year (and nearly 7 percent for the past decade), compared to a population-plus-inflation growth rate of 4.38 percent. If the budget growth rate had been limited to the population-inflation growth rate, the state would be sitting on a $15 billion surplus right now. Surely enough to dip into during a real emergency. What's more, despite this alleged tax straightjacket, Californians manage to still pay 21.9 percent in state and local taxes, compared to 14.5 percent for Texas.
So to demonstrate that insufficent taxability is the root of California's problems, a persuasive anti-Prop. 13 commentator would need to at least address the fact that state residents still manage to pay a high rate of taxes, and that the government keeps on growing voraciously in both good times and bad. If you're going to tax residents still more (as Krugman desires), don't they deserve to know why the cost of government services keeps going up up up up UP!?
Instead of any of that, Krugman goes on a name-calling binge against minority Republicans. ("Driven mad by lack of power," "the party of Rush Limbaugh," "the party's growing extremism," and so on.)
I am entirely confident in claiming that I know California better than Krugman does (evidenced if by nothing else than by his lazy, college-newspaper usage of the phrase "banana Republic" to describe my native state), and I know intimately from that experience just how many fruits and nuts are sprinkled generously within the state's GOP. And yet surveying a California political and fiscal landscape that has been utterly dominated the past decade by the Democratic Party, and concluding that the problem is the vanishing tribe of Republicans, is at best puzzling. At worst, it's something quite a bit darker than that.
Friday, May 29, 2009
A Smile to Set the GOP on Edge
A Smile to Set the GOP on Edge. By Eugene Robinson
WaPo, Friday, May 29, 2009
President Obama's nominee for the Supreme Court, Judge Sonia Sotomayor, is a proud and accomplished Latina. This fact apparently drives some prominent Republicans to a state resembling incoherent, sputtering rage.
"White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw," former House speaker Newt Gingrich ranted Wednesday on Twitter. My first reaction was that politicians above a certain age should never be left alone in the danger-strewn landscape of social networking. My second thought was: Whoa, Newt, what's that about?
Rush Limbaugh also -- predictably -- bellowed endlessly about how Sotomayor was a "reverse racist," and how Obama was one, too. But unlike Gingrich, Limbaugh doesn't ask to be taken seriously. He just asks to be paid.
Gingrich's outburst was in reaction to a widely publicized, out-of-context quote from a 2001 speech in which Sotomayor mused about how her identity might or might not affect her decisions as a federal judge. Far from being some kind of "racist" screed, the speech was actually a meditation on Sotomayor's personal experience of a universal truth: Who we are inevitably influences what we do.
Each of us carries through life a unique set of experiences. Sotomayor's happen to be the experiences of a brilliant, high-powered Latina -- a Nuyorican who was raised in the projects of the Bronx, graduated summa cum laude from Princeton, edited the Yale Law Journal, worked as a Manhattan prosecutor and a corporate lawyer, and served for 17 years as a federal trial and appellate judge.
Given that kind of sterling résumé -- and given that she has, according to presidential adviser David Axelrod, more experience on the federal bench than any Supreme Court nominee in at least 100 years -- it's understandable that Republican critics would have to grasp at straws.
The charge that she's a "judicial activist" finds no basis in her voluminous record. Critics have seized on a ruling she joined in a case called Ricci v. DeStefano, involving a reverse-discrimination claim by a group of white firefighters in New Haven, Conn. But Sotomayor's action in that case is more properly seen as an example of judicial restraint.
What happened was that the city gave an advancement exam to firefighters, and no African Americans were deemed eligible for promotion. Fearing that it would lose ground in its effort to diversify the leadership of the fire department, and fearing a civil rights lawsuit, the city canceled the exam. The firefighters who passed did not get the promotions they had expected. A U.S. District Court judge ruled that the city government had acted within the law, and a panel of the U.S. Court of Appeals for the 2nd Circuit -- including Sotomayor -- agreed.
What Sotomayor's attackers either don't understand or won't acknowledge is that the issue before the court wasn't whether the city of New Haven had acted fairly in canceling the exam but whether it had acted legally. There was ample precedent indicating that the action was, in fact, legal. I thought the whole theory of judicial restraint was that we didn't want unelected judges telling our elected officials what to do. I thought the conservative idea was that judges were just supposed to "call balls and strikes" -- which is just what Sotomayor and her colleagues did.
Ah, but there's always a subtext. Like Sotomayor's 2001 speech, the New Haven case was really about identity -- and about power. In both instances, as Sotomayor's critics saw it, minorities were either claiming or obtaining some kind of advantage over white males. Never mind whether this perception has any basis in fact. The very concept seemed to be enough to light a thermonuclear fuse.
Despite the best efforts of Gingrich, Limbaugh and others, Sotomayor's confirmation process probably won't be about race. Her qualifications are impeccable, her record is moderate and her personality, according to colleagues, is winning. At her confirmation hearings, she'll have the opportunity to supply the missing context for any quote they throw at her. Absent some 11th-hour surprise, I can't imagine that her opponents in the Senate will be able to lay a glove on her.
I also can't imagine that she'll pretend to be anyone other than who she is. Sonia Sotomayor has made clear that she is proud of her identity, and she offers that pride not as an affront but as an example -- not white, not male, not Anglo, not inclined to apologize. She is the new face of America, and she has a dazzling smile.
WaPo, Friday, May 29, 2009
President Obama's nominee for the Supreme Court, Judge Sonia Sotomayor, is a proud and accomplished Latina. This fact apparently drives some prominent Republicans to a state resembling incoherent, sputtering rage.
"White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw," former House speaker Newt Gingrich ranted Wednesday on Twitter. My first reaction was that politicians above a certain age should never be left alone in the danger-strewn landscape of social networking. My second thought was: Whoa, Newt, what's that about?
Rush Limbaugh also -- predictably -- bellowed endlessly about how Sotomayor was a "reverse racist," and how Obama was one, too. But unlike Gingrich, Limbaugh doesn't ask to be taken seriously. He just asks to be paid.
Gingrich's outburst was in reaction to a widely publicized, out-of-context quote from a 2001 speech in which Sotomayor mused about how her identity might or might not affect her decisions as a federal judge. Far from being some kind of "racist" screed, the speech was actually a meditation on Sotomayor's personal experience of a universal truth: Who we are inevitably influences what we do.
Each of us carries through life a unique set of experiences. Sotomayor's happen to be the experiences of a brilliant, high-powered Latina -- a Nuyorican who was raised in the projects of the Bronx, graduated summa cum laude from Princeton, edited the Yale Law Journal, worked as a Manhattan prosecutor and a corporate lawyer, and served for 17 years as a federal trial and appellate judge.
Given that kind of sterling résumé -- and given that she has, according to presidential adviser David Axelrod, more experience on the federal bench than any Supreme Court nominee in at least 100 years -- it's understandable that Republican critics would have to grasp at straws.
The charge that she's a "judicial activist" finds no basis in her voluminous record. Critics have seized on a ruling she joined in a case called Ricci v. DeStefano, involving a reverse-discrimination claim by a group of white firefighters in New Haven, Conn. But Sotomayor's action in that case is more properly seen as an example of judicial restraint.
What happened was that the city gave an advancement exam to firefighters, and no African Americans were deemed eligible for promotion. Fearing that it would lose ground in its effort to diversify the leadership of the fire department, and fearing a civil rights lawsuit, the city canceled the exam. The firefighters who passed did not get the promotions they had expected. A U.S. District Court judge ruled that the city government had acted within the law, and a panel of the U.S. Court of Appeals for the 2nd Circuit -- including Sotomayor -- agreed.
What Sotomayor's attackers either don't understand or won't acknowledge is that the issue before the court wasn't whether the city of New Haven had acted fairly in canceling the exam but whether it had acted legally. There was ample precedent indicating that the action was, in fact, legal. I thought the whole theory of judicial restraint was that we didn't want unelected judges telling our elected officials what to do. I thought the conservative idea was that judges were just supposed to "call balls and strikes" -- which is just what Sotomayor and her colleagues did.
Ah, but there's always a subtext. Like Sotomayor's 2001 speech, the New Haven case was really about identity -- and about power. In both instances, as Sotomayor's critics saw it, minorities were either claiming or obtaining some kind of advantage over white males. Never mind whether this perception has any basis in fact. The very concept seemed to be enough to light a thermonuclear fuse.
Despite the best efforts of Gingrich, Limbaugh and others, Sotomayor's confirmation process probably won't be about race. Her qualifications are impeccable, her record is moderate and her personality, according to colleagues, is winning. At her confirmation hearings, she'll have the opportunity to supply the missing context for any quote they throw at her. Absent some 11th-hour surprise, I can't imagine that her opponents in the Senate will be able to lay a glove on her.
I also can't imagine that she'll pretend to be anyone other than who she is. Sonia Sotomayor has made clear that she is proud of her identity, and she offers that pride not as an affront but as an example -- not white, not male, not Anglo, not inclined to apologize. She is the new face of America, and she has a dazzling smile.
Hillary Clinton hands Netanyahu exhibit A
Hillary Clinton hands Netanyahu exhibit A. Paul Mirengoff
May 28, 2009 at 11:50 AM
The Obama administration has been relunctant to speak harshly about foreign relations. Such talk, it believes, would manifest American arrogance and be inconsistent with its twin goals of overcoming that arrogance and activating the "restart" button with the rest of the world.
But now the administration is talking tough. Unfortunately, its tough talk is directed not at Iran (which it wants to persuade), Venezuela (which it wants to engage), or North Korea (which it has wanted mainly to ignore) but at Israel.
Here's the background. The White House has made it clear that it wants Israel to halt new construction in areas outside the boundaries of its original state. Prime Minister Netanyahu has expressed his willingness to do this except with respect to construction that is part of the natural of existing settlements, e.g. the construction of new homes to accommodate population growth in a settlement.
The Israeli government asked the U.S. government to approve this exception and apparently leaked word of this request. Here is Secretary of State Clinton's response:
[President Obama] wants to see a stop to settlements -- not some settlements, not outposts, not 'natural growth' exceptions. That is our position. That is what we have communicated very clearly.
Gone at last is the administration's reluctance to boss other nations through "pre-conditions." When it comes to Israel, Obama is willing to dictate whether parents can build a nearby house for their grown children.
Why is Obama more willing to talk this way to our friends than to our enemies? There are two logical explanations. First, our enemies will throw these kinds of statements back in Obama's face, whereas our friends will listen politely, at a minimum. Second, for Obama Israel is an adversary, whereas Iran, North Korea, Venezuela, etc. are mere annoyances.
I favor both explanations.
A third factor is also at work here, I think (whether or to what extent it is independent of the second can be debated). The U.S. wants to topple the Israeli government. Thus, it sees value in picking a fight with it.
Netanyahu, I assume, understands this. That may be why Israel leaked word of its request for permission to build in its settlements. Either the U.S. would agree to the request (most unlikely) or it would take what most Israelis probably see as an unreasonable position, thereby enabling Netanyahu to "make his record" that his problems in getting along with the U.S. are the result of Obama's inflexibility.
Through her bossy, non-empathetic public response, Hillary Clinton has, I think, created Exhibit A for Netanyahu's record, regardless of how he responds on this particular issue.
Via Jonathan Tobin.
May 28, 2009 at 11:50 AM
The Obama administration has been relunctant to speak harshly about foreign relations. Such talk, it believes, would manifest American arrogance and be inconsistent with its twin goals of overcoming that arrogance and activating the "restart" button with the rest of the world.
But now the administration is talking tough. Unfortunately, its tough talk is directed not at Iran (which it wants to persuade), Venezuela (which it wants to engage), or North Korea (which it has wanted mainly to ignore) but at Israel.
Here's the background. The White House has made it clear that it wants Israel to halt new construction in areas outside the boundaries of its original state. Prime Minister Netanyahu has expressed his willingness to do this except with respect to construction that is part of the natural of existing settlements, e.g. the construction of new homes to accommodate population growth in a settlement.
The Israeli government asked the U.S. government to approve this exception and apparently leaked word of this request. Here is Secretary of State Clinton's response:
[President Obama] wants to see a stop to settlements -- not some settlements, not outposts, not 'natural growth' exceptions. That is our position. That is what we have communicated very clearly.
Gone at last is the administration's reluctance to boss other nations through "pre-conditions." When it comes to Israel, Obama is willing to dictate whether parents can build a nearby house for their grown children.
Why is Obama more willing to talk this way to our friends than to our enemies? There are two logical explanations. First, our enemies will throw these kinds of statements back in Obama's face, whereas our friends will listen politely, at a minimum. Second, for Obama Israel is an adversary, whereas Iran, North Korea, Venezuela, etc. are mere annoyances.
I favor both explanations.
A third factor is also at work here, I think (whether or to what extent it is independent of the second can be debated). The U.S. wants to topple the Israeli government. Thus, it sees value in picking a fight with it.
Netanyahu, I assume, understands this. That may be why Israel leaked word of its request for permission to build in its settlements. Either the U.S. would agree to the request (most unlikely) or it would take what most Israelis probably see as an unreasonable position, thereby enabling Netanyahu to "make his record" that his problems in getting along with the U.S. are the result of Obama's inflexibility.
Through her bossy, non-empathetic public response, Hillary Clinton has, I think, created Exhibit A for Netanyahu's record, regardless of how he responds on this particular issue.
Via Jonathan Tobin.
US foots the bill for terrorists - Poor oversight of US aid programs at fault
U.S. foots the bill for terrorists. By Joel Mowbray
Poor oversight of U.S. aid programs at fault
Washington Times, Friday, May 29, 2009
If President Obama is serious about tackling the ever-elusive goal of achieving peace in the Middle East, he should start his efforts not with prodding Israel or the Palestinians, but rather a little closer to home -- Foggy Bottom.
Through either deliberate neglect or simple ineptitude, the State Department has made U.S. taxpayers complicit in perpetuating the single greatest impediment to Middle East peace: an increasingly radical Palestinian society that despises Israel and embraces terrorism.
Despite multiple government audits and several changes enacted in the law over the past few years, the department still cannot ensure that U.S. taxpayer dollars are not enriching terrorists or underwriting terrorist propaganda in schools across the West Bank and Gaza. According to a critical report issued last week by the Government Accountability Office, the auditing arm of Congress, the State Department has fallen short overseeing aid to Palestinians through both the U.S. Agency for International Development and the United Nations Relief and Works Agency, which administers Palestinian refugee camps.
This means in practical terms that many of the Palestinians who are consuming a steady diet of Islamist indoctrination and glorification of violence receive this brainwashing courtesy of the U.S. taxpayer. It doesn't require high-level deductions to predict how badly this wounds - if not kills - any hope for Palestinian society to embrace peaceful coexistence with a Jewish state of Israel.
Given the billions of dollars U.S. taxpayers have steered to the Palestinians - almost $600 million just last year - the United States has as much leverage as anyone to put a stop to this nonsense. Unfortunately, though the State Department has done a bit to improve matters, it has not done nearly enough.
The GAO report, requested in part because of congressional concerns over reporting by this journalist in The Washington Times, indicates that the State Department has dropped the ball on overseeing UNRWA. For example, existing U.S. law requires that UNRWA take "all possible measures" to prevent assistance from going to anyone who has engaged in any terrorist activity. The department, however, "has not defined the key term 'all possible measures' or defined nonconformance."
Some of GAO's recommendations are comically simple, such as "establishing criteria to evaluate UNRWA's efforts." Others are so obviously necessary that it's shocking they haven't been required all along, such as "screening the names of UNRWA contractors against lists of individuals and entities of concern to the United States."
Leading congressional efforts to prevent U.S. taxpayer money from flowing to terrorists or their propaganda has been Rep. Steven R. Rothman, New Jersey Democrat. Earlier this year, he introduced a resolution calling for UNRWA to put its textbooks on the Internet for public inspection and for the United States to screen the agency's payroll for terrorists.
His ultimate goal, he explains, is simple: "Not one penny of U.S. taxpayer dollars should go either directly or indirectly to anyone associated with Hamas or any other terrorist organization. Nor should any go to terrorist propaganda in classrooms."
Congress moved one step further in that direction earlier this month. In the supplemental appropriations bill that included an additional $119 million for UNRWA for the current fiscal year, lawmakers made it clear they are not happy with the status quo. The spending bill requires the State Department to propose a plan to increase the transparency and accountability of UNRWA. More important, it sets aside $1 million for the department's inspector general to audit USAID.
Within the next month, the House foreign aid appropriators could go even further in the spending bill for 2010. Mr. Rothman has several proposals to increase accountability and transparency for both USAID and UNRWA.
However, changing the law alone is not enough. Judging by current procedures, the State Department seems intent on not enforcing the laws passed by Congress.
Lawmakers have dictated repeatedly and explicitly that no U.S. taxpayer funds can go to any organization that has even "advocated" terrorism - meaning no money should go to groups whose leaders have declared on Al-Jazeera or elsewhere that suicide bombers are "martyrs." This is not trivial. Figures who lionize terrorists and praise evil acts poison society and ultimately help cause more terrorism.
The State Department's bar that contractors and aid recipients must clear is much lower. Even under the most thorough vetting the department conducts, essentially only people who have actively participated in terrorism would be declared ineligible. It appears the department hasn't even bothered to think of a way to determine which people trying to receive U.S. taxpayer dollars have advocated terrorism.
Considering Europe's and the United Nations' longstanding indifference to Palestinian radicalism, the United States likely is the only party that can start to drain the cultural swamp. The stakes are high. If the United States doesn't put its full efforts toward real peace, what signal does that send to Israel and the Palestinians?
Joel Mowbray is an investigative journalist living in New York City.
Poor oversight of U.S. aid programs at fault
Washington Times, Friday, May 29, 2009
If President Obama is serious about tackling the ever-elusive goal of achieving peace in the Middle East, he should start his efforts not with prodding Israel or the Palestinians, but rather a little closer to home -- Foggy Bottom.
Through either deliberate neglect or simple ineptitude, the State Department has made U.S. taxpayers complicit in perpetuating the single greatest impediment to Middle East peace: an increasingly radical Palestinian society that despises Israel and embraces terrorism.
Despite multiple government audits and several changes enacted in the law over the past few years, the department still cannot ensure that U.S. taxpayer dollars are not enriching terrorists or underwriting terrorist propaganda in schools across the West Bank and Gaza. According to a critical report issued last week by the Government Accountability Office, the auditing arm of Congress, the State Department has fallen short overseeing aid to Palestinians through both the U.S. Agency for International Development and the United Nations Relief and Works Agency, which administers Palestinian refugee camps.
This means in practical terms that many of the Palestinians who are consuming a steady diet of Islamist indoctrination and glorification of violence receive this brainwashing courtesy of the U.S. taxpayer. It doesn't require high-level deductions to predict how badly this wounds - if not kills - any hope for Palestinian society to embrace peaceful coexistence with a Jewish state of Israel.
Given the billions of dollars U.S. taxpayers have steered to the Palestinians - almost $600 million just last year - the United States has as much leverage as anyone to put a stop to this nonsense. Unfortunately, though the State Department has done a bit to improve matters, it has not done nearly enough.
The GAO report, requested in part because of congressional concerns over reporting by this journalist in The Washington Times, indicates that the State Department has dropped the ball on overseeing UNRWA. For example, existing U.S. law requires that UNRWA take "all possible measures" to prevent assistance from going to anyone who has engaged in any terrorist activity. The department, however, "has not defined the key term 'all possible measures' or defined nonconformance."
Some of GAO's recommendations are comically simple, such as "establishing criteria to evaluate UNRWA's efforts." Others are so obviously necessary that it's shocking they haven't been required all along, such as "screening the names of UNRWA contractors against lists of individuals and entities of concern to the United States."
Leading congressional efforts to prevent U.S. taxpayer money from flowing to terrorists or their propaganda has been Rep. Steven R. Rothman, New Jersey Democrat. Earlier this year, he introduced a resolution calling for UNRWA to put its textbooks on the Internet for public inspection and for the United States to screen the agency's payroll for terrorists.
His ultimate goal, he explains, is simple: "Not one penny of U.S. taxpayer dollars should go either directly or indirectly to anyone associated with Hamas or any other terrorist organization. Nor should any go to terrorist propaganda in classrooms."
Congress moved one step further in that direction earlier this month. In the supplemental appropriations bill that included an additional $119 million for UNRWA for the current fiscal year, lawmakers made it clear they are not happy with the status quo. The spending bill requires the State Department to propose a plan to increase the transparency and accountability of UNRWA. More important, it sets aside $1 million for the department's inspector general to audit USAID.
Within the next month, the House foreign aid appropriators could go even further in the spending bill for 2010. Mr. Rothman has several proposals to increase accountability and transparency for both USAID and UNRWA.
However, changing the law alone is not enough. Judging by current procedures, the State Department seems intent on not enforcing the laws passed by Congress.
Lawmakers have dictated repeatedly and explicitly that no U.S. taxpayer funds can go to any organization that has even "advocated" terrorism - meaning no money should go to groups whose leaders have declared on Al-Jazeera or elsewhere that suicide bombers are "martyrs." This is not trivial. Figures who lionize terrorists and praise evil acts poison society and ultimately help cause more terrorism.
The State Department's bar that contractors and aid recipients must clear is much lower. Even under the most thorough vetting the department conducts, essentially only people who have actively participated in terrorism would be declared ineligible. It appears the department hasn't even bothered to think of a way to determine which people trying to receive U.S. taxpayer dollars have advocated terrorism.
Considering Europe's and the United Nations' longstanding indifference to Palestinian radicalism, the United States likely is the only party that can start to drain the cultural swamp. The stakes are high. If the United States doesn't put its full efforts toward real peace, what signal does that send to Israel and the Palestinians?
Joel Mowbray is an investigative journalist living in New York City.
US plans appeal on abuse photos
U.S. plans appeal on abuse photos, by Lyle Denniston
Thursday, May 28th, 2009 9:15 pm
The Obama Administration has decided to go to the Supreme Court — if Congress does not act first — to stop public disclosure of an array of U.S. Army photos that apparently show severe abuse of terrorist detainees in Iraq and Afghanistan. The Justice Department on Thursday asked the Second Circuit Court to put a ruling ordering release on hold because the Solicitor General has decided to appeal to the Supreme Court “absent intervening legislation.”
A motion to recall the Circuit Court mandate, along with other court papers, can be found here. This was the latest legal maneuver by the Administration since President Obama changed his mind, from agreeing to release the photos to opposition to their disclosure.
The Second Circuit ruled last September, in American Civil Liberties Union, et al., v. Department of Defense (docket 06-3140), that the photos must be released under the Freedom of Information Act. After the Circuit Court refused in March to rehear the case en banc, the Administration decided not to take the case on to the Supreme Court, and the Circuit Court issued its mandate.
The President decided this month, however, that release of the photos “would pose an unacceptable risk of danger to U.S. troops in Afghanistan and Iraq.” A federal judge in New York was then advised of the switch in position. Shortly afterward, the Senate took up legislation to block the release — the Detainee Photographic Records Protection Act — by changing the language of the Freedom of Information Act.
The Senate adopted that provision May 21 as part of a new government funding bill. The House version of that bill does not include the photos provision, but the Senate has asked for a conference with the House to work out the differences between the two bills — an action expected to occur early in June.
The deadline for filing a petition for review in the Supreme Court is now June 9. Under the Court’s Rules, if the Administration wanted a postponement of the filing deadline, it would have to ask for an extension ten days before the deadline — that is, in this case, by no later than this weekend.
In the motion filed in the Circuit Court Thursday, Solicitor General Elena Kagan and other Justice Department officials noted that, if both houses of Congress adopt the FOIA amendment, the Defense Secretary would be allowed “to preclude release under FOIA of the photographs at issue in this case.”
“If the aforementioned bill does not become law by the deadline for seeking Supreme Court review, the United States will file a petition for a writ of certiorari,” the motion said. “Recalling the mandate would serve the important purpose of preserving the status quo pending a determination by the Supreme Court.”
To bolster its argument that disclosure of the photos would put U.S. troops abroad at risk, the papers included sworn statements to that effect by Gen. David H. Petraeus, the overall U.S. military commander for Iraq and Afghanistan, and Gen. Raymond T. Odierno, U.S. commander in Iraq. (Those statements are included, in redacted form, in the papers linked above.)
At issue in the case are 44 photos that are covered by the ACLU request for release. The Administration said in its motion, however, that the Circuit Court ruling would also apply to “a substantial number” of additional photographs.
“The potential scope of this [Circuit] Court’s ruling makes it critically important that the Supreme Court have an opportunity to address the pressing legal questions in this case,” the new filing argued.
Although the proposed legislation has not yet been enacted, the motion noted, “the Senate’s action indicates the imminent possibility of a significant change in the law that strongly reinforces the grounds for recall of the mandate.”
Thursday, May 28th, 2009 9:15 pm
The Obama Administration has decided to go to the Supreme Court — if Congress does not act first — to stop public disclosure of an array of U.S. Army photos that apparently show severe abuse of terrorist detainees in Iraq and Afghanistan. The Justice Department on Thursday asked the Second Circuit Court to put a ruling ordering release on hold because the Solicitor General has decided to appeal to the Supreme Court “absent intervening legislation.”
A motion to recall the Circuit Court mandate, along with other court papers, can be found here. This was the latest legal maneuver by the Administration since President Obama changed his mind, from agreeing to release the photos to opposition to their disclosure.
The Second Circuit ruled last September, in American Civil Liberties Union, et al., v. Department of Defense (docket 06-3140), that the photos must be released under the Freedom of Information Act. After the Circuit Court refused in March to rehear the case en banc, the Administration decided not to take the case on to the Supreme Court, and the Circuit Court issued its mandate.
The President decided this month, however, that release of the photos “would pose an unacceptable risk of danger to U.S. troops in Afghanistan and Iraq.” A federal judge in New York was then advised of the switch in position. Shortly afterward, the Senate took up legislation to block the release — the Detainee Photographic Records Protection Act — by changing the language of the Freedom of Information Act.
The Senate adopted that provision May 21 as part of a new government funding bill. The House version of that bill does not include the photos provision, but the Senate has asked for a conference with the House to work out the differences between the two bills — an action expected to occur early in June.
The deadline for filing a petition for review in the Supreme Court is now June 9. Under the Court’s Rules, if the Administration wanted a postponement of the filing deadline, it would have to ask for an extension ten days before the deadline — that is, in this case, by no later than this weekend.
In the motion filed in the Circuit Court Thursday, Solicitor General Elena Kagan and other Justice Department officials noted that, if both houses of Congress adopt the FOIA amendment, the Defense Secretary would be allowed “to preclude release under FOIA of the photographs at issue in this case.”
“If the aforementioned bill does not become law by the deadline for seeking Supreme Court review, the United States will file a petition for a writ of certiorari,” the motion said. “Recalling the mandate would serve the important purpose of preserving the status quo pending a determination by the Supreme Court.”
To bolster its argument that disclosure of the photos would put U.S. troops abroad at risk, the papers included sworn statements to that effect by Gen. David H. Petraeus, the overall U.S. military commander for Iraq and Afghanistan, and Gen. Raymond T. Odierno, U.S. commander in Iraq. (Those statements are included, in redacted form, in the papers linked above.)
At issue in the case are 44 photos that are covered by the ACLU request for release. The Administration said in its motion, however, that the Circuit Court ruling would also apply to “a substantial number” of additional photographs.
“The potential scope of this [Circuit] Court’s ruling makes it critically important that the Supreme Court have an opportunity to address the pressing legal questions in this case,” the new filing argued.
Although the proposed legislation has not yet been enacted, the motion noted, “the Senate’s action indicates the imminent possibility of a significant change in the law that strongly reinforces the grounds for recall of the mandate.”
US Concern About Niger's Democratic Processes
U.S. Concern About Niger's Democratic Processes. By Ian Kelly
US State Department Spokesman, Office of the Spokesman
Bureau of Public Affairs, Washington, DC
May 29, 2009
The United States is concerned about recent announcements that President Tandja plans to hold a national referendum aimed at drafting a new constitution and permitting the extension of his time in office. We believe this risks undercutting Niger’s hard won social, political, and economic gains of the past decade, and would be a set-back for democracy, based on the regular, peaceful transition of political power and faithful adherence to constitutional due-process. The Economic Community of West African States (ECOWAS) and Niger’s Constitutional Court have also registered concerns about this issue.
President Tandja is about to complete two consecutive five-year terms after two successful free and fair elections under Niger’s democratic constitution. During that time, he has been a good steward of Niger’s national interests, attracting international investment and launching ambitious public works against a backdrop of social and political stability.
We have shared our views with President Tandja in the interest of continuing a strong and warm relationship with the Government of Niger and the Nigerien people as they move toward the end of his constitutional term in office.
PRN: 2009/521
US State Department Spokesman, Office of the Spokesman
Bureau of Public Affairs, Washington, DC
May 29, 2009
The United States is concerned about recent announcements that President Tandja plans to hold a national referendum aimed at drafting a new constitution and permitting the extension of his time in office. We believe this risks undercutting Niger’s hard won social, political, and economic gains of the past decade, and would be a set-back for democracy, based on the regular, peaceful transition of political power and faithful adherence to constitutional due-process. The Economic Community of West African States (ECOWAS) and Niger’s Constitutional Court have also registered concerns about this issue.
President Tandja is about to complete two consecutive five-year terms after two successful free and fair elections under Niger’s democratic constitution. During that time, he has been a good steward of Niger’s national interests, attracting international investment and launching ambitious public works against a backdrop of social and political stability.
We have shared our views with President Tandja in the interest of continuing a strong and warm relationship with the Government of Niger and the Nigerien people as they move toward the end of his constitutional term in office.
PRN: 2009/521
Obama continues to trash Bush in words — but his actions speak louder
Bush Obsessive-Compulsive Disorder. By Victor Davis Hanson
Obama continues to trash Bush in words — but his actions speak louder.
National Review On-line
Last July I wrote a column entitled “Barack W. Bush” outlining how candidate Barack Obama was strangely emulating Bush policies — even as he was trashing the president.
Nearly a year later, President Obama has continued that schizophrenia, criticizing Bush while keeping in place Bush’s anti-terrorism protocols. The result of this Bush Obsessive-Compulsive Disorder is that, thanks to Obama, history will soon begin reassessing George W. Bush’s presidency in a more positive light.
Why? Because the more Obama feels compelled to trash Bush, the more he draws attention to the fact that he is copying — or in some cases falling short of — his predecessor. He seems to wish to frame his presidency in terms of the Bush years, even though such constant evocation is serving his predecessor more than it is serving Obama himself.
For eight years conservatives whined — and Democrats railed — at the Bush deficits. In the aggregate over eight years they exceeded $2 trillion. The administration’s excuses — the 2000 recession; 9/11; two wars, in Afghanistan and Iraq; Katrina; and two massive new programs, No Child Left Behind and Medicare Prescription Drug — fell on deaf ears.
Between 2001 and 2008 we still spoke of annual budget shortfalls in billions of dollars. But an early effect of the Obama administration is that it has already made the Bush administration’s reckless spending seem almost incidental. In the first 100 days of this government we have learned to speak of yearly red ink in terms of Obama’s trillions, not Bush’s mere billions. Indeed, compared to Obama, Bush looks like a fiscal conservative.
Another complaint was the so-called culture of corruption in the Republican Congress — and the inability, or unwillingness, of the Bush administration to address party impropriety. Jack Abramoff, Larry Craig, Duke Cunningham, Tom DeLay, and Mark Foley were each involved in some sort of fiscal or moral turpitude that — according to critics — was never convincingly condemned by the Bush administration.
But compared to some of the present Democratic headline-makers, those were relatively small potatoes. Speaker Nancy Pelosi has slurred the CIA and accused it of habitually lying to Congress. Rep. Charles Rangel has not paid his income taxes fully, and has improperly used his influence to lobby corporations for donations; he has also violated rent-stabilization laws in New York. Sen. Chris Dodd has received discounts and gifts from shady corporate insiders in clear quid-pro-quo influence peddling. Rep. Barney Frank got campaign money from Fannie Mae before it imploded, despite the fact he was charged with regulating the quasi-governmental agency — which at one time hired his boyfriend as a top executive. Former Rep. William Jefferson, an outright crook, is about to go on trial in federal court.
As for other prominent Democrats, the sins of Blago and Eliot Spitzer bordered on buffoonery. A series of Obama cabinet nominations — Daschle, Geithner, Richardson, Solis — were marred by admissions of tax evasion and the suspicion of scandal. In other words, should either the Democratic leadership or President Obama now rail about a “Culture of Corruption” — and neither unfortunately has — the public would naturally assume a reference to Democratic misdeeds.
For the last eight years, a sort of parlor game has been played listing the various ways the Bush anti-terror policies supposedly destroyed the Constitution. Liberal opponents — prominent among them Sen. Barack Obama — railed against elements of the Patriot Act, military tribunals, rendition, wiretaps, email intercepts, and Predator drone attacks. These supposedly unnecessary measures, plus Bush’s policies in postwar Iraq, were said to be proof, on Bush’s part, of either paranoia or blatantly partisan efforts to scare us into supporting his unconstitutional agenda.
Now, thanks to President Obama, the verdict is in: All of the Bush protocols turned out to reflect a bipartisan national consensus that has kept us safe from another 9/11-style attack.
How do we know that?
Because President Obama — despite earlier opposition and current name changes and nuancing — has kept intact the entire Bush anti-terrorism program. Apparently President Obama has kept these protocols because he suspects that they help to explain why his first few months in office have been free of successful terrorist attacks — witness the foiled plot earlier this month to murder Jews in New York City and shoot down military planes in upstate New York.
There are only two exceptions to Obama’s new Bushism. Both are revealing. The president says he wishes to shut down Guantanamo in a year, after careful study. But so far no one has come up with an alternative plan for dealing with out-of-uniform terrorists caught on the battlefield plotting harm to the United States. That’s why Obama himself did not close the facility immediately upon entering office, and why the Democratic Congress has just cut off funding to close it. So we are left with the weird paradox that Obama hit hard against his predecessor for opening Guantanamo, while members of his own party are doing their best to keep it open. Obama says he opposes waterboarding and calls it torture. Many of us tend to agree. But despite the partisan rhetoric of endemic cruelty, we now learn that the tactic was used on only three extraordinarily bad detainees.
Furthermore, the administration that disclosed the once-classified technique to the public now refuses to elaborate on whether valuable information that saved lives emerged from such coerced interrogations.
Meanwhile, liberal congressional icons like Jay Rockefeller and Nancy Pelosi are on record as being briefed about the technique — and, by their apparent silence as overseers, de facto approving it. Senator Schumer, remember, all but said that we must not rule out the resort to torture in the case of terrorist suspects.
Mini-histories have already been written blasting Bush for unprecedented deficits, for being in bed with a sometimes corrupt Republican Congress, and for weakening our civil liberties. Now the historians will have to begin over again and see Bush as a mere prelude to a far more profligate, and ethically suspect, administration.
More important, President Bush bequeathed to President Obama a successful anti-terrorism template that the latter has embraced and believes will keep the nation safe for another eight years. And, oddly, we are the more certain that is what he believes, the more a now obsessive-compulsive President Obama attacks none other than former President Bush.
— Victor Davis Hanson is a senior fellow at the Hoover Institution and a recipient of the 2007 National Humanities Medal and the 2008 Bradley Prize.
Obama continues to trash Bush in words — but his actions speak louder.
National Review On-line
Last July I wrote a column entitled “Barack W. Bush” outlining how candidate Barack Obama was strangely emulating Bush policies — even as he was trashing the president.
Nearly a year later, President Obama has continued that schizophrenia, criticizing Bush while keeping in place Bush’s anti-terrorism protocols. The result of this Bush Obsessive-Compulsive Disorder is that, thanks to Obama, history will soon begin reassessing George W. Bush’s presidency in a more positive light.
Why? Because the more Obama feels compelled to trash Bush, the more he draws attention to the fact that he is copying — or in some cases falling short of — his predecessor. He seems to wish to frame his presidency in terms of the Bush years, even though such constant evocation is serving his predecessor more than it is serving Obama himself.
For eight years conservatives whined — and Democrats railed — at the Bush deficits. In the aggregate over eight years they exceeded $2 trillion. The administration’s excuses — the 2000 recession; 9/11; two wars, in Afghanistan and Iraq; Katrina; and two massive new programs, No Child Left Behind and Medicare Prescription Drug — fell on deaf ears.
Between 2001 and 2008 we still spoke of annual budget shortfalls in billions of dollars. But an early effect of the Obama administration is that it has already made the Bush administration’s reckless spending seem almost incidental. In the first 100 days of this government we have learned to speak of yearly red ink in terms of Obama’s trillions, not Bush’s mere billions. Indeed, compared to Obama, Bush looks like a fiscal conservative.
Another complaint was the so-called culture of corruption in the Republican Congress — and the inability, or unwillingness, of the Bush administration to address party impropriety. Jack Abramoff, Larry Craig, Duke Cunningham, Tom DeLay, and Mark Foley were each involved in some sort of fiscal or moral turpitude that — according to critics — was never convincingly condemned by the Bush administration.
But compared to some of the present Democratic headline-makers, those were relatively small potatoes. Speaker Nancy Pelosi has slurred the CIA and accused it of habitually lying to Congress. Rep. Charles Rangel has not paid his income taxes fully, and has improperly used his influence to lobby corporations for donations; he has also violated rent-stabilization laws in New York. Sen. Chris Dodd has received discounts and gifts from shady corporate insiders in clear quid-pro-quo influence peddling. Rep. Barney Frank got campaign money from Fannie Mae before it imploded, despite the fact he was charged with regulating the quasi-governmental agency — which at one time hired his boyfriend as a top executive. Former Rep. William Jefferson, an outright crook, is about to go on trial in federal court.
As for other prominent Democrats, the sins of Blago and Eliot Spitzer bordered on buffoonery. A series of Obama cabinet nominations — Daschle, Geithner, Richardson, Solis — were marred by admissions of tax evasion and the suspicion of scandal. In other words, should either the Democratic leadership or President Obama now rail about a “Culture of Corruption” — and neither unfortunately has — the public would naturally assume a reference to Democratic misdeeds.
For the last eight years, a sort of parlor game has been played listing the various ways the Bush anti-terror policies supposedly destroyed the Constitution. Liberal opponents — prominent among them Sen. Barack Obama — railed against elements of the Patriot Act, military tribunals, rendition, wiretaps, email intercepts, and Predator drone attacks. These supposedly unnecessary measures, plus Bush’s policies in postwar Iraq, were said to be proof, on Bush’s part, of either paranoia or blatantly partisan efforts to scare us into supporting his unconstitutional agenda.
Now, thanks to President Obama, the verdict is in: All of the Bush protocols turned out to reflect a bipartisan national consensus that has kept us safe from another 9/11-style attack.
How do we know that?
Because President Obama — despite earlier opposition and current name changes and nuancing — has kept intact the entire Bush anti-terrorism program. Apparently President Obama has kept these protocols because he suspects that they help to explain why his first few months in office have been free of successful terrorist attacks — witness the foiled plot earlier this month to murder Jews in New York City and shoot down military planes in upstate New York.
There are only two exceptions to Obama’s new Bushism. Both are revealing. The president says he wishes to shut down Guantanamo in a year, after careful study. But so far no one has come up with an alternative plan for dealing with out-of-uniform terrorists caught on the battlefield plotting harm to the United States. That’s why Obama himself did not close the facility immediately upon entering office, and why the Democratic Congress has just cut off funding to close it. So we are left with the weird paradox that Obama hit hard against his predecessor for opening Guantanamo, while members of his own party are doing their best to keep it open. Obama says he opposes waterboarding and calls it torture. Many of us tend to agree. But despite the partisan rhetoric of endemic cruelty, we now learn that the tactic was used on only three extraordinarily bad detainees.
Furthermore, the administration that disclosed the once-classified technique to the public now refuses to elaborate on whether valuable information that saved lives emerged from such coerced interrogations.
Meanwhile, liberal congressional icons like Jay Rockefeller and Nancy Pelosi are on record as being briefed about the technique — and, by their apparent silence as overseers, de facto approving it. Senator Schumer, remember, all but said that we must not rule out the resort to torture in the case of terrorist suspects.
Mini-histories have already been written blasting Bush for unprecedented deficits, for being in bed with a sometimes corrupt Republican Congress, and for weakening our civil liberties. Now the historians will have to begin over again and see Bush as a mere prelude to a far more profligate, and ethically suspect, administration.
More important, President Bush bequeathed to President Obama a successful anti-terrorism template that the latter has embraced and believes will keep the nation safe for another eight years. And, oddly, we are the more certain that is what he believes, the more a now obsessive-compulsive President Obama attacks none other than former President Bush.
— Victor Davis Hanson is a senior fellow at the Hoover Institution and a recipient of the 2007 National Humanities Medal and the 2008 Bradley Prize.
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