Tag: Government

Yes, This Works

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Beccause of the rather odd structure of the US Post Office, cannot fire the incompetent vandal Louis DeJoy as Postmaster General, only the board can do that.

However, Biden can place people who don’t want to kill the Post Office on the board, and this is what he is doing. 

Well played:

President Joe Biden this week took what could be the first steps necessary to replace USPS Postmaster General Louis DeJoy.

In a statement on Monday, the White House explained that the president has moved to fill vacancies at the postal service’s Board of Governors, which has the power to name a new Postmaster General.

“Only the Board of Governors of the US Postal Service has the power to replace the Postmaster General,” the statement said. “The President can, however, nominate governors to fill vacancies on the board pending Senate confirmation.”

………

“President Biden’s focus is on filling these vacancies, nominating officials who reflect his commitment to the workers of the US Postal Service — who can deliver on the post office’s vital universal service obligation,” the White House added.

Now. bring back the Postal Bank so that poor people locked out of the banking system have an alternative to larcenous check cashing firms and the like.

About F%$#ing Time

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Finally, legislation proposed to reverse the absurd requirement that the US Post Office prefund its pension and benefits for 50 years has a chance to pass the Congress:

This is literally the only reason that the USPS is in dire financial straits, and this been the case for almost 15 years:

A bipartisan group of lawmakers introduced a bill to ease a major financial burden on the U.S. Postal Service (USPS) by eliminating a requirement that it fund retirement benefits decades ahead of time.

The USPS Fairness Act would do away with a 2006 law that mandated the USPS to form a $72 billion fund to pay for retirement health benefits for over 50 years, a requirement that is not imposed on any other federal agency.

The legislation was introduced in the House by Reps. Peter DeFazio (D-Ore.), Tom Reed (R-N.Y.), Carolyn Maloney (D-N.Y.), Brian Fitzpatrick (R-Pa.) and Colin Allred (D-Texas) and in the Senate by Sens. Steve Daines (R-Mont.) and Brian Schatz (D-Hawaii).

“The unreasonable prefunding mandate has threatened the survival of the USPS and placed at risk vital services for the millions who rely on it. The prefunding mandate policy is based on the absurd notion of paying for the retirement funds of people who do not yet, and may not ever, work for the Postal Service,” DeFazio said in a statement.

The introduction of the legislation comes as President Biden faces pressure from the biggest Postal Service union to install new USPS leadership. The department was thrust into the national spotlight late in the Trump administration for changes to mail delivery that critics said would impact the collection of mail-in ballots in a way that would benefit then-President Trump.

A similar bill to the USPS Fairness Act was passed in the House last year but languished in the GOP-controlled Senate.

Here’s hoping that this actually happens.

The original bill was an attempt to privatize the post office as a way of breaking its union, and Donald Trump used the chaos in an attempt to subvert the 2020 election.

This needs to be repealed today.

Trump Writ Small

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I am referring, of course to Andrew “Rat-Faced Andy” Cuomo, the Governor of the great state of New York, who thinks that he is smarter than public health experts, which, among other things, has led to vaccines being thrown out because of fears of draconian fines under Cuomo’s directives:

The deputy commissioner for public health at the New York State Health Department resigned in late summer. Soon after, the director of its bureau of communicable disease control also stepped down. So did the medical director for epidemiology. Last month, the state epidemiologist said she, too, would be leaving.

The drumbeat of high-level departures in the middle of the pandemic came as morale plunged in the Health Department and senior health officials expressed alarm to one another over being sidelined and treated disrespectfully, according to five people with direct experience inside the department.

Their concern had an almost singular focus: Gov. Andrew M. Cuomo.

Even as the pandemic continues to rage and New York struggles to vaccinate a large and anxious population, Mr. Cuomo has all but declared war on his own public health bureaucracy. The departures have underscored the extent to which pandemic policy has been set by the governor, who with his aides crafted a vaccination program beset by early delays.

The troubled rollout came after Mr. Cuomo declined to use the longstanding vaccination plans that the State Department of Health had developed in recent years in coordination with local health departments. Mr. Cuomo instead adopted an approach that relied on large hospital systems to coordinate vaccinations not only of their own staffs, but also of much of the population.

I’m wondering if there are any major Cuomo donors at the “Large Hospital Systems.”

In recent weeks, the governor has repeatedly made it clear that he believed he had no choice but to seize more control over pandemic policy from state and local public health officials, who he said had no understanding of how to conduct a real-world, large-scale operation like vaccinations. After early problems, in which relatively few doses were being administered, the pace of vaccinations has picked up and New York is now roughly 20th in the nation in percentage of residents who have received at least one vaccine dose.

“When I say ‘experts’ in air quotes, it sounds like I’m saying I don’t really trust the experts,” Mr. Cuomo said at a news conference on Friday, referring to scientific expertise at all levels of government during the pandemic. “Because I don’t. Because I don’t.”

How very Trumpian.

………

In Albany, tensions worsened in recent months as state health officials said they often found out about major changes in pandemic policy only after Mr. Cuomo announced them at news conferences — and then asked them to match their health guidance to the announcements.

That was what happened with the vaccine plan, when state health officials were blindsided by the news that the rollout would be coordinated locally by hospitals.

But it also occurred earlier with revisions in a host of state rules from the fate of indoor dining and businesses like gyms to capacity limits on social gatherings, according to a person with direct experience inside the department.

………

But at least nine senior state health officials have left the department, resigned or retired in recent months. They include Dr. Elizabeth Dufort, the medical director in the division of epidemiology; Dr. Jill Taylor, the head of the renowned Wadsworth laboratory — which has been central to the state’s efforts to detect virus variants — and the executive in charge of health data, according to state records.

Additionally, the Health Department’s No. 2 official left for another job in state government, and another official, who helped oversee contact tracing, is expected to leave the department, also for another state government job.

………

Mr. Cuomo’s handling of the pandemic has come under criticism in recent days after the state attorney general, Letitia James, said his administration had undercounted the tally of Covid-19 deaths of nursing home residents by not publicly disclosing deaths of those residents that occurred at hospitals.

Given just how much of a control freak hizzoner is, this was not an accident.

This is Cuomo playing politics with the numbers, because he went to bat for his nursing home donors to get them immunity from their own malfeasance.

He knows that the horrific death numbers from New York nursing homes, if reported accurately, will be a source of criticism for any future elections.

Current and former health officials agreed to be interviewed about the crisis inside the public health bureaucracy only on condition of anonymity, saying that they feared retaliation for speaking out against the governor.

Also, he’s a vindictive son of a bitch, and managing through fear does not work.

………

The departures came as the state prepared for and then stumbled through the early weeks of its vaccine campaign, in which experts said speed was paramount because of the threat posed by more contagious variants of the coronavirus.

………

………

Mr. Cuomo said his approach had delivered results in New York, including a positivity rate that has been declining after a peak in early January and better vaccination rates. New York saw the worst of the pandemic in the spring, and roughly 43,000 have died, more than in any other state.

………

In the fall, Mr. Cuomo shelved vaccine distribution plans that top state health officials had been drawing up, one person with knowledge of the decision said. The plans had relied in part on years of preparations at the local level — an outgrowth of bioterrorism fears following Sept. 11 — and on experience dispensing vaccine through county health departments during the H1N1 pandemic in 2009.

………

But elements of the state’s approach hindered the rollout, New York City officials contended.

“Extensive red tape and unnecessary rigidity over who we could vaccinate and when — all with the looming threat of millions of dollars in punitive fines — made an extraordinarily difficult task all the more challenging in those first initial weeks of the rollout,” said Avery Cohen, a spokeswoman for Mayor de Blasio.

In his own planning for the vaccine rollout, Mr. Cuomo spoke with hospital executives, outside consultants and a top hospital lobbyist in closed-door meetings. In December, Mr. Cuomo announced that the state would rely on large hospital systems as “hubs” to coordinate vaccinations, not simply for their own staff but also for ordinary New Yorkers.

Again, I gotta figure that the hospital systems are major Cuomo donors.

The state designated as a regional vaccination hub in New York City not the city’s 6,000-person Health Department, but rather the Greater New York Hospital Association, a trade group with a multimillion-dollar lobbying arm that had been a major donor to the governor’s causes.

Ka-ching!

The approach included narrow eligibility rules and suffered from a lack of urgency by some hospitals. That led to fewer doses being administered in the early weeks, followed by abrupt shifts in policy that created a kind of free-for-all among those searching for vaccine appointments, according to interviews with more than two dozen current and former health officials, county leaders, vaccination experts and elected officials.

“The governor’s approach in the beginning seemed to go against the grain in terms of what the philosophy was about how to do this,” said Dr. Isaac Weisfuse, a former deputy commissioner at New York City’s Health Department who often served as an incident commander during emergencies. “It did seem to negate 15 to 20 years of work.”

Sounds like the Donald, doesn’t it?

………

For help in planning the vaccination campaign, the governor turned to consultants from Deloitte and Boston Consulting Group. The in-house lobbyist for New York’s largest hospital system, Northwell Health, had direct involvement in the rollout.

For about a month, starting in mid-October, the Northwell lobbyist, Dennis Whalen, worked from an office inside the State Health Department and helped shape the state’s approach. Mr. Whalen had worked previously as the department’s No. 2 official.

Yeah, Cuomo was rat-f%$#ing the vaccine roll-out to accommodate lobbyists.  Hoocoodanode?

………

Still, Dr. Denis Nash, a professor of epidemiology at the City University of New York and a former senior city health official, said that giving such a large share of doses directly to hospitals meant that the government lost control of the pace of vaccinations during the program’s first month.

“That was the bottleneck,” Dr. Nash said. “To put hospitals in charge of a public health initiative — for which they have no public health mandate, or the skills, experience or perspective to manage one — was a huge mistake, and I have no doubt that’s what introduced the delays.”

This is Cuomo considering his donors, and his ego, before the well being of the people of New York.

I am wrong.  That does not sound like Donald Trump at all.

I Do Not Approve

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The 7 year interval between leaving the service and being able to become Secretary of Defense is there for a reason, to ensure that the Department of Defense is under civilian controls.

It has only been waived twice before, for George Marshall in 1950, and James Mathis in 2017, and now Lloyd Austin has been confirmed as SecDef less than 5 years after leaving the service.

I do not approve.

This limit was put in place for a good reason, that you do not want the inmates running the asylum, but not it appears that this is likely to become a common state of affairs:

The Senate on Friday confirmed Lloyd J. Austin III as defense secretary, filling a critical national security position in President Biden’s cabinet and elevating him as the first Black Pentagon chief.

The 93-2 vote came a day after Congress granted Mr. Austin, a retired four-star Army general, a special waiver to hold the post, which is required for any defense secretary who has been out of active-duty military service for less than seven years. It reflected a bipartisan consensus on Capitol Hill that it was urgent for Mr. Biden to have his defense pick rapidly installed, a step normally taken on a new president’s first day.

That Mr. Austin is not the first black SecDef not matter.

This is corrosive of civilian control of the military.

Would Have Been Better to Address This Early

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It turns out that the FBI is conducting background checks on National Guardsmen in the Capitol for the inauguration to make sure that a right-wing terrorist is not embedded in the force.

White Nationalists and their Talibaptist Christian Dominionist brethren have been infiltrating the US State Security Apparatus, both the military (particularly the USAF) and law enforcement.

It comes as no surprise that they are concerned about a random soldier might choose the occasion to engage in assassination.

Getting these folks out of these institutions may be the most important national security issue of the next decade:

U.S. defense officials say the federal government is conducting insider-threat screening on the 25,000 National Guard troops who have begun flowing into the nation’s capital to secure the inauguration, as concerns intensify about extremism in the ranks.

The extra precaution comes after a number of pro-Trump rioters involved in storming the U.S. Capitol on Jan. 6 turned out to have military ties, raising questions about extremist sentiment within the armed forces. Dozens of people on a terrorist watch list were in Washington as the deadly riot unfolded.

A U.S. defense official, speaking on the condition of anonymity to discuss the sensitive preparations, said the Army is working with the FBI to vet all service members supporting the inauguration. The Army maintains awareness of threats but does not collect domestic intelligence itself, the official said. It was not immediately clear how extensive the FBI vetting of the military personnel would be.

As the great Walt Kelly noted, “We have met the enemy, and he is us.” 

It is going to take a very long time to fix this.

When a Prank Goes Awry

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Trippy

A coupole of podcasters decided that it would be fun to put an OAN tags on their microphones, and do interviews of people who they would later mock.

Instead, they found themselves in the middle of a violent lynch mob: 

Vloggers Walter Masterson and J.P. Scattini went undercover at the StopTheSteal rally to make what they thought was a comedy video, but it soon turned far darker and scarier in real time.

They put an OAN marker on their microphone, donned a Trump flag, Trump hats and flag masks, and started interviewing people. It didn’t take them long to realize they were on the edge of an angry, misinformed mob. By the time that mob had broken into the Capitol, they realized this was no ordinary rally, there wasn’t anything funny about it, and they needed to get the hell out of there.

They started off doing Borat, and they finished up doing Marie Catherine Colvin.

Daym!

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South Dakota is trying to deny a speedy trial to a number of criminal defendants arguing that the Corona Virus pandemic should allow them to get a waiver due to extraordinary circumstances.

A federal judge has called bullsh%$ on this, justifying this by the fact that, “South Dakota has done ‘little, if anything’ to curtail COVID-19.” 

Basically, the judge is saying that the government of South Dakota, at the instigation Governor Kristi “Crazy Eyes” Noem, has refused to take even the most basic measure to deal the the situation, and that defendants should not suffer as a result.

Karma is a bitch:

A federal judge says a state court can’t use the COVID-19 pandemic as an excuse to delay a Codington County trial and in the same breath criticized South Dakota’s response to the pandemic, saying it has done “little, if anything,” to mitigate the spread of COVID-19.

U.S. District Judge Charles B. Kornmann ordered that unless the Codington County state court resolves Matthew Kurtenbach’s May 2019 case by January 15, 2021, Kurtenbach will win a federal petition he filed claiming wrongful imprisonment and a violation of his right to a speedy trial.

And in that same adjudication, filed federally in the Northern Division of the District of South Dakota and which can be read in full at the bottom of this story, Kornmann harshly criticized the state and Gov. Kristi Noem’s response to the pandemic and said some state courts could have done more to keep cases moving while protecting parties.

“South Dakota has done little, if anything, to curtail the spread of the virus,” Kornmann wrote in the Dec. 28 decision.

He later said:

“South Dakota cannot ‘take advantage’ of its own failures to follow scientific facts and safeguards in entering blanket denials of the rights of speedy trials.”

………

An excerpt from the filing:

The Governor has steadfastly refused to impose a statewide mask mandate. She has often questioned publicly the scientific fact that mask wearing prevents the virus from spreading. she appeared at a dedication ceremony for a large 3M Company in Aberdeen manufacturing plant expansion — to allow 3M to produce even more N95 respirators needed by front-line healthcare workers — as the only public official not wearing a mask. Her example significantly encourages south Dakotans to not wear masks. South Dakota is now a very dangerous place in which to live due to the spread of COVID-19. Even a casual observer must note the failure of most residents of South Dakota to wear masks and maintain social distancing.

He went on to cite a separate case, Carson v. Simon, in saying: “There is no pandemic exception to the Constitution.” 

I should not feel schadenfreude about this, but I do.

Interesting Concept

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This proposal to weaponize federalism against the right wing is fascinating.

The short version is that it is an invitation for Republicans to destroy themselves in the same way that Sam Brownback destroyed his political career and nearly destroyed the state of Kansas though his insane adherence to the dogma of tax cuts:

As the euphoria fades, reality sets in. America remains divided geographically, with no relief from our partisan stalemate on the horizon. If we want to hold the republic together, we need to get creative.

………

There’s a little-noted firewall protecting Republican politicians from the consequences of their rhetoric. Embedded protections at the federal level mean red-state voters never feel the full consequences of electing idiots. No one pays for the stupidity of Republican economic policy because Congressional stalemate and the Federal bureaucracy block Republicans from creating the dystopia of their dreams.

Want to rescue America? Embrace a soft secession. Frederick the Great once explained, “defending everything defends nothing.” Stop trying to civilize the red states. Instead, embrace the progress that can be achieved at state levels. Remove the blue state welfare system that insulates rural white Republicans from the consequences of their politics. The stark geographic split in our politics is as much an opportunity as a threat. Earn progressive policy wins for blue states by offering Republicans the chance to live in the country they’re trying to create. If Democrats truly believe in the power of their policies, they should be ready to weaponize federalism.

………

Use federalism to exploit the disconnect between the priorities of Republican politicians and the priorities of their voters. Pass progressive policies in the House with state-level opt-out provisions. In some cases, sweeten those bills with offers Republican elected officials (and their donors) can’t refuse, but their voters will hate. Bait Republican Senators into passing them.

Pass a national $15/hour minimum wage bill. To lure Republicans into backing it, offer opt-outs that would let Republicans realize one of their most fantastic dreams, elimination of the minimum wage in their states. Republican Senators would jump at the opportunity. Bait Republican Governors or Legislatures into stripping wage protections from workers and watch what happens at election time.

………

Offer Republicans a state-level opt out provision which grants those opt-out states the right to pass up the additional upper-income tax increase and receive all of their Medicare & Medicaid taxes as a block grant. In other words, dangle in front of them the chance to eliminate Medicare and Medicaid in their states. Would they turn that down? Hell no.

………

Most importantly, Republican elected officials would finally face the consequences of their politics. What would happen to Republican politicians in Ohio when voters next door in Pennsylvania suddenly had access to cheap universal health care? What would happen to those voters when no worker in neighboring Pennsylvania was earning less than a living wage?

………

Would it be cruel to let red states fall behind? No, it’s democracy and it’s entirely fair. At some point it becomes a message of simple respect for democracy and the continuation of the American project. One of the reasons racist whites sit beyond the feedback loop, immunized from the consequences of their choices, is that Democrats haven’t let them experience the consequences of their choices. Let red states live in the country their leaders want to create, to the extent possible without dragging down other states.

………

We can hold the country together and potentially soften the impact of our political divide by granting states more rights and more consequences. Odds are, this will inspire a revolt in Baptistan as soft R voters wake up to the consequences of their choices, but perhaps it won’t. It doesn’t matter. Win where you can win. Achieve progress where it’s available, and let Republicans live in their own mess. It’s a small price to pay to avoid a second Civil War.

The obvious question here is, “But what if Republicans, actually improve the status of their states, through their delusional policies?

Well, if their policies actually work, then we adopt those policies.

If not, let the Republicans cut their own throats.

This

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Airbnb went to the Canadian government looking for Covid aid. The Canadian government made moves to end Airbnb’s tax evasion instead.

For the uninitiated, this is called, “Good government,” and we need to see more of this:

It’s about to get a lot more expensive to stay at short-term rentals in Canada as Ottawa announced a new tax on Airbnb and other short-term accommodation platforms.

“In order to ensure that the GST/HST applies consistently and effectively with respect to supplies of short-term accommodation in Canada facilitated by platforms, the Government proposes to apply the GST/HST on all supplies of short-term accommodation in Canada facilitated through a digital platform,” according to the federal government’s fiscal update released on Monday by Finance Minister Chrystia Freeland[1].

Platforms themselves will now be required to collect and remit those taxes in cases where property owners fail to do so.

“In these circumstances, the accommodation platform operator would be deemed to be the supplier of the short-term accommodation,” the update reads. “This approach recognizes their necessary and fundamental role in making these supplies, and limits administrative and compliance costs for the parties involved.”

One reason that short-term rentals have been cheaper than hotels is because hotels had to collect and pay sales tax while Airbnb didn’t.

Provinces or British Columbia, Quebec and Saskatchewan already apply a sales tax on Airbnb accommodation.

………

The tax will come as a major blow to Airbnb, who had asked for the government to bail out the platform’s hosts in April.

The Parliamentary Secretary for Housing Adam Vaughan dismissed that request with one word: “No”.

Good.

Headline of the Day

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We Can’t Follow Obama Back to Brunch

—The Daily Poster

David Sirota and Andrew Perez offer a long overdue explanation of how Donald John Trump is not the disease, he is the symptom.

Seriously, if we give politics to the people who screwed everything up in the first place, we are setting the table for someone even worse than Donald Trump.:

In the closing hours of the 2020 election, Donald Trump is dishonestly casting his reelection bid as a crusade against the corrupt swamp that he helped expand and profited from, while Democrats are promising that if Trump is defeated, voters will finally be able to go back to brunch as the Washington establishment returns itself to power.

The former’s message is laughably dishonest, the latter’s message is profoundly cynical and potentially dangerous.

………

To counter Trump’s assault, the Democratic campaign this weekend returned to Flint, Michigan — the place the Obama administration left to suffer through a horrific toxic water crisis, exacerbated by Michigan’s then-Republican governor (who has since endorsed Biden).

During the event, Biden declared that during his last tour of duty as vice president, we “went through eight years without one single trace of scandal. Not one single trace of scandal. It’s going to be nice to return to that.”

………

This was the party’s flaccid message in the nation’s poorest city, a former General Motors manufacturing hub destroyed by deindustrialization and offshoring.  

………

It is true that the Obama years were not defined by petty bullshit that is routinely called “scandalous.” However, his two terms were hardly free of actual scandals. They were just the type of scandals that ruin regular people’s lives, but not the lives of people who wear expensive suits to work in Washington.

Obama helmed a presidency bankrolled by Wall Street donors that refused to prosecute a single banker who engineered a financial crisis that destroyed millions of lives.

He turned promises of significant health care reform into legislation that included a few positive consumer protections, but also enriched and strengthened the power of private insurance companies and dropped a promised public option. 

He acknowledged the threat of climate change, but then publicly demanded credit from the fossil fuel industry for helping boost oil production during a climate apocalypse.

He pledged to walk picket lines if workers’ union rights were under attack, but then he promptly walked away from promised labor law reform.

And yes, Obama’s administration slow-walked the response to the environmental catastrophe in Flint, Michigan.

………

That refrain represents a longing that has pervaded Democratic politics in the Trump years, embodied by the now-infamous protest signs insisting that “if Hillary was president, we’d all be at brunch.”  

………

However, Obama’s Flint speech went further. Echoing a previous refrain from Democratic Sen. Michael Bennet, it was a call to resurrect Brunch Liberalism whereby large swaths of the American left disengage and defer in much the same way it did during the Obama administration, to disastrous effect.

Though it is now forgotten history, the history is clear: After years of mass protest and activism against the George W. Bush administration, many liberal activists, voters and advocacy groups went to brunch after the 2008 election, fell in line and refused to pressure the new administration to do much of anything. Those that dared to speak out were often berated and shamed.

In touting a presidency we don’t have to think much about, Obama conjures the notion of a Democratic administration once again insulated from pressure from an electorate whose poorer populations are too busy trying to survive, and whose affluent liberals are thrilled to be back at Sunday morning brunch after watching an MSNBC host reassure them that everything is All Good.

We cannot allow a corrupt and increasingly geriatric Democratic Party establishment (There is no Democratic Party establishment) to continue business as usual.

It Looks Like Jeff Bezos Did Something Good (By Accident)

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It appears that the debacle that was Amazon’s HQ2 competition, where we were subjected to the disgusting beauty pageant of cities abasing themselves competing for a second headquarters that eventually went to where Bezos owned mansions, is finally bearing fruit.

The horror at the that spectacle, was one of the reasons that Scott Walker’s Foxconn deal became so toxic in Wisconsin, which led in large part to his reelection loss in 2018.

Another result is that we are seeing efforts to claw back subsidies from companies that have not fulfilled their requirements, first in Ohio’s claw-back demands to GM, and now Wisconsin is threatening to cancel its disasterous deal with Foxconn. 

Much as I said with Ohio’s decision, about f%$#ing time:

Wisconsin is denying Foxconn Technology Group billions of dollars in state tax credits until officials with the company come to the table to draw up a new contract for the Racine County project — once touted as the “eighth wonder of the world” by President Donald Trump.

The company might also face financial penalties through claw-back provisions included in the existing contract if a new agreement isn’t reached.

In a letter sent Monday to the Taiwan-based company’s Vice Chairman Jay Lee, Wisconsin Economic Development Corp. Secretary Melissa Hughes said “Foxconn’s activities and investments in Wisconsin to date are not eligible for credit” under the more than $3 billion contract first signed back in 2017. The letter also underscores that negotiation attempts between the state and company this summer failed to result in a new contract.

………

The company reported in the summer it had created enough jobs in southeastern Wisconsin last year to receive state funds — despite being told almost a year ago that the $3 billion in tax subsidies would not be doled out until a new contract was drafted to match the project. State officials say tax subsidies agreed to in the contract are tied to jobs and capital investment for specific projects, which Foxconn is failing to deliver.

………
Regardless of how many jobs were added, WEDC said in the letter, the state is unable to calculate job creation or capital investment tax credits because Foxconn has failed to carry out the project as promised.

………

Claw-back provisions in Foxconn’s original contract show that, if the agreement is not amended by the end of 2023, the company could face up to $500 million in recovery payments.

Walker’s contract with Foxconn would provide incentives totaling as much as $3 billion over 15 years if the company reached the 13,000-employee benchmark and made a $10 billion capital investment in the state.

………

While originally promised as a Generation 10.5 facility that would build larger panels for TV screens, the project has downsized to Generation 6, which would manufacture small screens for mobile phones, tablets, notebooks and wearable devices.

“Today’s announcement cements Foxconn’s legacy in Wisconsin as one of broken promises, a lack of transparency, and a complete failure to create the jobs and infrastructure the company touted in 2017,” Assembly Minority Leader Gordon Hintz, D-Oshkosh, and longtime Foxconn critic, said in a statement. “Looking to the future, I hope lawmakers will assess projects based on what is best for Wisconsin, and utilize rigorous, independent economic analysis based in reality, rather than chasing pie-in-the-sky projects reeking of short-term political motives.”

Foxconn officials first came to the state in March 2019 to discuss amendments to the contract. Late last year, Evers’ administration told the company it no longer was eligible for tax subsidies under the existing contract, and a new document would need to be drafted. While amending a contract is a common practice, officials have said the state cannot unilaterally change the agreement without Foxconn’s participation.

I so hope that Foxconn gets gigged like a flounder.

This deal was a disaster, and thoroughly corrupt, and it needs to be ended.

From the Department of About F%$#ing Time

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 The State of Ohio has ordered GM to tax incentives for a factory that it has closed. 

A better idea is not to pay these bribes to the gods of capital in the first place:

The state of Ohio on Monday ordered General Motors to repay $28 million in public subsidies for reneging on its promise to keep its sprawling Lordstown plant open.

The automaker, which had pledged to keep operations going until 2040, closed its assembly plant last October, drawing criticism from elected officials in both political parties, including President Donald Trump. At the time, GM cited the collapsing market for small cars; Lordstown produced the compact Chevrolet Cruze.

But state officials said the closure violated the terms of two economic development agreements GM signed with Ohio more than a decade ago. Between 2009 and 2016, the company received more than $60 million in tax credits to maintain operations at the massive plant, which employed over 4,000 people.

On Monday, the Ohio Tax Credit Authority said GM must pay back roughly half of those tax benefits, as well as provide an additional $12 million in community support in the Mahoning Valley, the economically depressed region where the plant was located. The funds are targeted for education and job training at Youngstown State University and other colleges, community programs and infrastructure projects.

………

Although the clawback falls short of the total $60.3 million that GM received, the state’s action is significant, said Greg LeRoy, executive director of Good Jobs First, a nonprofit agency that tracks corporate subsidies and violations.

“The $28 million still stands as the biggest clawback we can point to” nationwide, he said. Yet he believes that the state should have pursued a total refund. “It’s kind of a two-thirds of a loaf for taxpayers.”

Unfortunately, it appears that authorities then doubled down on the same f%$#ing failed strategy:

………

At the same time, the tax authority awarded GM a new tax credit to support the battery plant. In return for a promise to create 1,000 jobs, the company will receive a 15-year tax break estimated to be worth $13.8 million over its term.

The numbers are clear on this:  These incentives never pay for themselves. 

It cost Scott Walker reelection in Wisconsin, but until a few more political “Flaming Datums” are out there, this insanity is likely to continue.

I Have Been Calling for This for a While

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He is right.

One of the most corrosive forces in our society today is the (Completely Accurate) perception that our elites are never subject to consequences when they break the law.

It’s been getting worse for years, but I believe that it took a definitive turn for the worse when Gerald Ford pardoned Nixon before he was even tried.

Since then, the perception is that if your are one of the powerful, you should not be subjected to the same laws as the rest of us.

It needs to end:

If Democrats do hold their House majority and retake the Senate and the White House, pressure will be intense to avoid looking backward and focus solely on solving the problems in front of them. This is understandable: the wreckage the Trump administration would leave behind after just four short years is immense, the policy challenges dire. If successful in November (and if Trump doesn’t create irredeemable chaos in the transition), Biden and Congressional Democrats will have to deal with a raging pandemic, a collapsing small business and renter economy, a climate crisis and continuing unrest over racist police violence—as well as the myriad ongoing policy challenges related to healthcare, tuition, inequality, tech giant accountability and so much more. It’s easy to foresee a scenario where, coupled with pressure from Republicans and centrists, Democrats decide that the public is sick of even thinking about Trump and bygones are allowed to be bygones.

But that would be a huge mistake. If Trump and his enablers are allowed to get away with the misdeeds of the last four years unscathed, it may mean the end of the American experiment.

The American system of government has proven to be far more fragile and norms-dependent than most public policy professionals and politics nerds had thought possible. It may only take one more president of limited moral constraints to topple it entirely. And given that impeachment and removal have proven to be an empty threat, the only deterrent to a future Trumplike president and their enablers will be the fear of being held legally and financially accountable for wrongdoing after leaving office.

………

What else is to prevent a future Michael Caputo from rigging scientific findings in a pandemic to make his boss look good while endangering millions? What else is to prevent a future Louis DeJoy from sabotaging the Postal Service again? What else would stop a future Bill Barr from using the Justice Department as the president’s private legal firm? What else would stop a future Donald Trump from…well, everything?

Certainly not shame or normative pressure. Not the balance of powers in the Senate envisioned by the framers. Only the fear of subpoenas, jail and penury stands in the way.

So as much as Democrats will have their work cut out for them next year, and as much as Republicans will howl about it, they cannot avoid the necessity of full investigations and inquiries into this administration’s abuses. People have to go to jail for what has happened, or there probably won’t be a democracy worth saving for long.

Yes.

About That Russian Vaccine

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There has been a lot of talk recently about Russian claims that they have a Covid-19 vaccine in late stage testing.

There has been much mockery of these claims, but the government agency behind these claims has a good record, and the model, that of a government research and development taking medical products from start to finish appears to have more potential than the current western, “Throw money at contemptible greed-heads,” model:

When Russia announced this week that it had granted the world’s first regulatory approval for a Covid-19 vaccine after just two months of human trials, many in the global pharmaceutical community were aghast at how quickly Moscow had deemed it safe to use.

Russia’s drug companies were comparatively small, little was known of the institute credited with the breakthrough and key steps needed to approve a shot for use had not been completed, critics said. But the man behind the vaccine insists instead that the success has been two decades in the making.

“[The speed] is not surprising if you understand the science behind it,” said Alexander Gintsburg, director of the state-run Gamaleya Research Institute of Epidemiology and Microbiology, which says it has worked on adenoviral vaccines like its Covid-19 shot since the 1980s.

“In the absence of global health threats in recent decades, vaccine research has been on the fringes of the global pharmaceutical industry while Russian labs continued their research,” he told the Financial Times. “We are proud of the legacy of Russian science, which allowed us to develop the Covid-19 vaccine very quickly.”

………

Defending the decision to roll out public vaccinations of what is still in effect an experimental drug, the Russian government and other supporters have pointed to the successful Ebola vaccine developed by Mr Gintsburg and his colleagues in 2015, the Gamaleya Institute’s most well-known previous success. Sputnik V is based on the same technology.

………

“The fact that Russian scientists can develop, and the Russian pharmaceutical industry can produce, drugs requiring intensive scientific research has long been no secret,” Mr Bespalov added. “In Russia, there is a background of serious scientific schooling, a plethora of scientists and organisations to back them up and significant historical experience.”

………

“Russia does not have any leading pharma companies. Most of its pharma research takes place in state institutions and less information comes out about it than from western or Chinese researchers,” said Rasmus Bech Hansen, chief executive of Airfinity, a London-based science analytics company.

In contrast to vaccines being developed in the UK and the US, where the government’s role has been to provide financial grants and advance purchase orders to private companies and researchers, Russia’s vaccine development has been wholly state-managed.

The Gamaleya Institute is government-controlled, the vaccine was funded by the sovereign wealth fund and an employee of the ministry of defence is named as an author of the vaccine. Senior government officials were given preapproval injections.

I don’t know if government run vaccine research is a good model for vaccine development, but I do know that relying on the tender mercies of the for profit pharmaceutical industry is a bad model for vaccine development.

I Still Want to Abolish the Patent Court

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Technically, it’s full name is US Court of Appeals for the Federal Circuit, and I have little good to say about this institution.

For that matter, neither does the US Supreme Court, which has taken to overruling the C.A.F.C.’s extreme views on IP on an almost routing basis.

But today, I wholeheartedly approve of their ruling stating that the federal judiciary must cease using the PACER document access system as a cash cow for the courts:

The federal judiciary is overcharging for public access to online court records, an appeals court ruled Thursday in a decision that could result in lower fees to search and download case documents.

In a unanimous decision, the U.S. Court of Appeals for the Federal Circuit said affordable access to public records is critical for oversight and transparency in the nation’s court system.

“If large swaths of the public cannot afford the fees required to access court records, it will diminish the public’s ability ‘to participate in and serve as a check upon the judicial process — an essential component in our structure of self-government,’ ” wrote Judge Todd M. Hughes, who was joined by Judges Alan D. Lourie and Raymond C. Clevenger III.

The ruling does not eliminate the paywall for the service known as PACER, an acronym for Public Access to Court Electronic Records. But the decision upholds a District Court finding that the current 10 cents per page charge is “higher than necessary to operate” the system. The court limited fees to the amount needed to cover the cost of providing access to docket information online.

………

The lawsuit was filed in 2016 by three nonprofit organizations. The National Veterans Legal Services Program, National Consumer Law Center and Alliance for Justice claimed that the dime-per-page fee unlawfully exceeded the cost of running the system. The cost of storing data has declined since the inception of the courts’ electronic repository in the 1980s, while PACER fees have increased.

The administrative office has used the money to pay for projects such as flat-screen TVs for jurors, to send notices to bankruptcy creditors and to fund a study by Mississippi for its own court system.

This is a good decision.
More generally, any time that an enforcement agency derives income directly from its basic operations, it is corrosive to good governance.

Another Civil Society Group Fail

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I’m not a big fan of civil society groups. Their history of letting their camps in (then) Zaire to be used as staging areas for the former members of the genocidal regime in Rawanda, along with their enthusiastic embrace delivering aid Serbian concentration camps in Kosovo. (Can’t find a link, sorry)

Particularly when juxtaposed with studies that show that the entire foreign aid establishment would do better by just giving people money, I am inclined to believe that there is way too much careerism in among the NGOs (Non-Governmental Organizations), and that it takes priority over results.

Case in point, it appears that NGO anti-corruption campaigns increase the level of corruption, because they reduce the confidence in the government of make both the citizens and the bureaucrats.

Of course, for the NGOs, and more importantly the donors, it is more important to appear to be fighting corruption than it it is to actually fight corruption:

Donors and civil society groups spend tens of millions of dollars every year trying to combat corruption. They do it because corruption has been shown to increase poverty and inequality while undermining trust in the government. Reducing corruption is essential to improve public services and strengthen the social contract between citizens and the state.

But what if anti-corruption efforts actually make the situation worse?

Our research in Lagos, Nigeria, found that anti-corruption messages often have an unintended effect. Instead of building public resolve to reject corrupt acts, the messages we tested either had no effect or actually made people more likely to offer a bribe.

The reason may be that the messages reinforce popular perceptions that corruption is pervasive and insurmountable. In doing so, they encourage apathy and acceptance rather than inspire activism.

The NGOs, and more importantly the donors, will likely be impervious to data showing that what they do does not work.

This is because for the NGOs, accepting this would require a change in tactics which would involve working with more local input and local agents, which means that there would be fewer jobs for the professionals staff of these groups.

As Upton Sinclair so pithily observed, “It is difficult to get a man to understand something when his salary depends upon his not understanding it.”

As for the donors, it’s an easy sell, because it is, as H.L. Menken so pithily observed, “There is always a well-known solution to every human problem — neat, plausible, and wrong.”

Lawless Criminals

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Trump has ordered the US Census not to count illegal immigrants, in yet another attempt to corrupt the census for partisan purposes.

Given that the Supreme Court has already ruled against his putting a citizenship question on the tally, in Dept of Commerce v. New York, and the same 5 votes that ruled against him in that case are still on the court, and they ruled against him because he and his Secretary of Commerce lied to them.

I think that either

  • He is hoping that Ginsberg is going to die soon.
  • He is hoping that the wheels of justice will grind slowly enough to allow Republican states to gerrymander extremely enough to skew the house for most of the next decade.

This is truly contemptible.

Donald Trump signed a memorandum on Tuesday instructing the US Census Bureau to exclude undocumented immigrants from the population totals that determine how many seats in Congress each state gets. It’s an unprecedented move that seems to be an attempt to preserve white political power.

The American Civil Liberties Union said immediately that it would sue and the action is likely to be met with a flood of legal challenges. The Trump administration appears to be on shaky legal ground – the US constitution requires seats in Congress to be apportioned based on the “whole number of persons” counted in each state during each decennial census. The constitution vests Congress with power over the census (though Congress has since designated some of that authority to the executive).

Republicans in recent years have been pushing to exclude non-citizens and other people ineligible to vote from the tally used to draw electoral districts. In 2015, Thomas Hofeller, a top Republican redistricting expert, explicitly wrote that such a change “would be advantageous to Republicans and non-Hispanic whites”.

The White House memo, titled “Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census,” argues that the term “person” in the constitution really means “inhabitant” and that the president has discretion to define what that means. The memo also argues that allowing undocumented people to count rewards states with high numbers of undocumented people.

“My administration will not support giving congressional representation to aliens who enter or remain in the country unlawfully, because doing so would create perverse incentives and undermine our system of government,” Trump said in a statement. “Just as we do not give political power to people who are here temporarily, we should not give political power to people who should not be here at all.”

This is so deeply and profoundly venal and corrupt that it actually exceeds my already low expectations.

Chaos is Job Won

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The new Postmaster General is a Trump toady, and he is doing his best to destroy the post office in order to kill postal voting:

The new head of the U.S. Postal Service established major operational changes Monday that could slow down mail delivery, warning employees the agency would not survive unless it made “difficult” changes to cut costs. But critics say such a philosophical sea change would sacrifice operational efficiency and cede its competitive edge to UPS, FedEx and other private-sector rivals.

Postmaster General Louis DeJoy told employees to leave mail behind at distribution centers if it delayed letter carriers from their routes, according to internal USPS documents obtained by The Washington Post and verified by the American Postal Workers Union and three people with knowledge of their contents, but who spoke on the condition of anonymity to avoid retribution.

“If the plants run late, they will keep the mail for the next day,” according to a document titled, “New PMG’s [Postmaster General’s] expectations and plan.” Traditionally, postal workers are trained not to leave letters behind and to make multiple delivery trips to ensure timely distribution of letters and parcels.

………

The Trump administration has consolidated control over the Postal Service, traditionally an apolitical institution, during the pandemic by making a financial lifeline for the nation’s mail service contingent upon the White House political agenda. President Trump in April called the agency “a joke” and demanded it quadruple package rates before he’d authorize any emergency aid or loans.

………

“This is framing the U.S. Postal Service, a 245-year-old government agency, and comparing it to its competitors that could conceivably go bankrupt,” said Philip Rubio, a professor of history at North Carolina A&T State University and a former postal worker. “Comparing it to U.S. Steel says exactly that ‘We are a business, not service.’ That’s troubling.”

The changes also worry vote-by-mail advocates, who insist that any policy that slows delivery could imperil access to mailed and absentee ballots. It reinforces the need, they say, for Congress to provide the agency emergency coronavirus funding.

These changes achieve 2 goals of Trump and his Evil Minions™:  Shafting Amazon, and suppressing the vote to boost his own reelection chances.

Another Example of Misaligned Incentives in Policing

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The New York Police department is seeing a surge in retirement requests as a result of the George Floyd Black Lives Matter protests, but this is not because the cops are feeling “under seige”, but because their pensions are dictated by their pay in their final year, and so the explosion in overtime leads to an explosion in the pensions.

This is completely f%$#ed up.

First, including overtime in determining a pension is just insane, and second, it creates an incentive for cops with one foot out the door to pack on the overtime.

This means that you have senior officers on the job who are so fatigued that they are not thinking straight.

This is incredibly bad policy:

New York’s Finest are putting in for retirement faster than the NYPD can handle — while citing a lack of respect and the loss of overtime pay, The Post has learned.

A surge of city cops filing papers during the past week more than quadrupled last year’s number — as the city grapples with a surge of shootings — and the stampede caused a bottleneck that’s forcing others to delay putting in their papers, officials and sources said.

………

Sources also said the flood of overtime tied to last month’s protests — which will boost pension payouts for eligible retirees — and the expected loss of overtime due to the recent $1 billion cut to the NYPD’s budget were also factors.

“This is the best time to leave,” one cop said.

“You’ve padded the numbers as high as you can pad them.”

Another cop noted, “When they cut the OT, a lot of people were done.”

………

A Brooklyn cop said the NYPD was facing a “perfect storm,” noting that “cops made the most overtime they will for a long time — at least until next year” and citing rumors that “grade promotions” for detectives and “special assignment money” for sergeants and lieutenants will be canceled. 

It being a New York Post story, they bury the lede, that cops are trying to cash in on an extraordinary level of overtime that they have received recently, and they completely ignore the policy implications.

Every time I look into police union contracts, I am horrified at what I see.

This is Delicious

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The Ayn Rand Foundation took about $½ million dollars in federal bailout money.

A lot of people criticize this but complaining about government spending while directly benefiting from it is the only true way to honor Ayn Rand’s legacy. https://t.co/TlUxiPAUX2

— sean (@SeanMcElwee) July 6, 2020

When one considers that Ayn Rand collected Social Security and Medicare at the end of her life, this is entirely consistent.