hudebnik: (Default)
2025-06-22 07:12 am
Entry tags:

Politics, local and global

The schedule for the day is dominated by a community-organization Block Party, from 10:00-5:00. It's a hyperlocal community organization called the Friends of Babbage and Bessemer, a pair of parallel streets about four blocks long behind our house; I've been attending meetings, and a month ago they came up with the idea of a block party to gain visibility and get people talking about how to make the neighborhood (in particular, the space under the elevated train tracks) more pleasant. [personal profile] shalmestere and I were volunteered to provide some musical accompaniment, although it's not clear when, where, or how much; I learned about this on Tuesday and (as I recall) asked [personal profile] shalmestere whether she was willing to do it, she was unenthusiastic but said "OK". Her recollection is different: she was never asked at all, only told that we were doing this, and she's even more unenthusiastic.

One reason for the lack of enthusiasm is that it's supposed to be 93°F today, and the only shade around is under the aforementioned train tracks, which as mentioned before are not particularly attractive or pleasant. I bought a flat of forty half-liter bottles of water at the grocery store last night ($4.99) so we can hand them out. The block party doesn't have a permit for food, but I figure handing out water for free on a hot day should be unobjectionable.

The more recent reason for the lack of enthusiasm is that as of about 9:00 last night, the United States is at war with Iran. As I understand it, Iran hadn't done anything directly to us, but Israel started a bombing campaign two weeks ago aimed at wiping out Iran's nuclear program, Trump told Iran to "surrender unconditionally", Iran didn't but fired a bunch of missiles at Israel, and there was one pesky nuclear facility Iran had buried deep inside a mountain that Israel's weapons couldn't reach, so Trump agreed to bomb it for them, using "bunker-buster" bombs and B-2 bombers. He said he would take his usual "two weeks" to decide what to do, various members of Congress introduced resolutions saying he can't start a war without Congressional approval, and I guess he decided he'd better start one before those resolutions get any farther. His approval rating is pretty bad, he's desperately trying to expand his power and authority, and nothing improves a President's popularity, power, and authority like going to war. On the other hand, it doesn't look good for him that the United States is acting as Israel's attack dog.

[personal profile] shalmestere's immediate reaction to the war news was "I don't want to leave the house or have anything to do with people." And it does seem likely that the community-organization block party will be dominated by divisive talk about international politics.
hudebnik: (Default)
2025-06-15 09:17 am
Entry tags:

Da protest march

The Manhattan protest march was scheduled to start at 2 PM in front of the Central Library (the one with the lions), go down 5th Avenue, and end at Madison Square. It rained all morning, forecast to taper off in the course of the afternoon, so around 1:00 I put a transparent recycling bag over my protest sign, walked to the train station, took a train to Grand Central (a conductor said "I love your sign" as I boarded), and walked a block to the library, where things appeared to be more crowded than at the last two protest marches. (I use the first-person singular because [personal profile] shalmestere was in Boston, winding up a week at the Early Music Festival.)

Oh, about the sign. In honor of Flag Day, one side had a US flag, followed by the words "with liberty and justice for ALL!", the last two words underlined. The other side said "1775-2025: 250 years and we still don't bow to KINGS".

Chatted with various other protesters around 42nd Street, as the crowd surged forward a foot or two, then stayed in place for ten minutes, repeat. About 3:10 I got to 41st Street, but after that things moved more smoothly, and it wasn't quite 4:00 when I got to 34th Street and peeled off for Penn Station because my lower back was hurting.

The next train to my station was in 45 minutes, but I figured I could happily spend that time sitting in a chair with a back. A couple of white twentysomethings asked to see what my signs said, and seemed quite puzzled that I opposed anything the Trump administration had been doing. We discussed the DOGE dismantling of numerous government agencies, and I suggested that if you actually wanted to reduce waste, fraud, and inefficiency in government, you would start by understanding what the agencies are supposed to do, then identifying particular programs that are working well and others that aren't achieving their goals, then analyzing them to decide whether the unsuccessful programs could be made successful or should be abandoned; you don't start by firing (illegally) all the inspectors general whose job is to reduce waste, fraud, and inefficiency in government, then firing tens of thousands of mostly-competent workers regardless of whether they're doing a good job. Doing things the right way takes months, and Musk didn't have that much time: he wanted to destroy agencies in a hurry before the courts could stop him. The guy I was talking to acknowledged that there might be more effective ways than Musk's to improve government, "but Musk is gone now. You've been talking for ten minutes, and you're clearly very passionate about what Musk did, but you haven't mentioned Trump once.' [I had, in connection with Musk having no actual governmental authority, but not much.] "So what has Trump himself done that makes you think he's a king?"

So I took a deep breath, thinking "where do I even start?", and didn't do a great job of this part, before a middle-aged black guy walked up and told the kid I was talking to that he was full of shit. The kid stood up, they started shouting in one another's faces, and almost came to blows before the black guy's female companion persuaded him to walk away. One of the twentysomethings reported the episode to a cop, then came over and shook my hand before they all went to catch their train.

At which point I looked at my phone to check on my departure time, realized that I'd been looking at the schedule of trains in the opposite direction, and that I had just missed my actual train; the next one was in another 50 minutes, so I took the subway home instead.

Meanwhile, [personal profile] shalmestere had just boarded a train home from Boston. I got home, took an ibuprofen, lay down for a while, applied a heating pad to my back, walked and fed the dogs, ate a little (I wasn't very hungry), then went back to Penn Station to meet her and accompany her home. After which it became a relatively normal evening.
hudebnik: (Default)
2025-05-29 06:45 am
Entry tags:

How much bribery could you do if you didn’t even try to hide it?

OK, we all knew Trump was fond of bribery —- both giving bribes to public officials like Pam Bondi when he wanted them to not investigate his University and similar schemes, and even better, taking what appear to be bribes himself now that he’s a public official. But this Times interview lays out how mind-bogglingly, unprecedentedly, openly corrupt the Trump family’s crypto dealings are.

Yes, there have been lots of corrupt Federal officials before, but they usually tried to hide their corruption, while Trump is completely open about it: he knows that the only way he can be held accountable is through impeachment, which won’t happen as long as his party controls at least one house of Congress. And the scale is probably at least an order of magnitude beyond all previous Federal bribery scandals combined.

It raises some interesting questions: assuming Trump left office and we still had a vaguely functioning republic, how would we even begin to fix this?

(1) Overturn the Supreme Court’s immunity decision, and make clear that somebody who uses Presidential powers to commit a crime can be prosecuted for that crime. For example, the President has nearly unlimited pardon power, but granting a pardon in exchange for money would still be prosecutable as bribery. This would require either a SCOTUS decision or, better, a Constitutional amendment.

(2) Put teeth in the emoluments clause. We can’t expect the DoJ to criminally charge a sitting President, but we could impose a 100% income tax rate on the fair market value of any gift the President (or any other Federal officer) receives in violation of the emoluments clause. This could be done by act of Congress, and signed into law by one honest President.

(3) Make impeachment slightly easier —- say, a 3/5 majority in the Senate rather than a 2/3 majority. Again, this would require a Constitutional amendment. Trump’s second impeachment failed to convict by a vote of 57-43, not quite a 3/5 majority, but the margin would have been much less comfortable, and three more Republican Senators might have voted to convict if they had thought it possible to come out on the winning side.

(4) How to deal with cryptocurrency? The basic problem is that it enables anybody who wishes, anywhere in the world, to put large amounts of money directly into the President’s pocket, anonymously but verifiably if the donor wishes to prove it to the recipient in private. If you were designing a system to encourage bribery, you couldn’t do much better. And the Trumps are currently using it in several different ways, as the Times interview points out:

(a) direct gifts from the donor’s “wallet” to the recipient’s,

(b) purchases of assets from which the recipient receives a transaction fee,

(c) purchases of floating assets of which the recipient holds a lot, driving up their price, and

(d) purchases of stablecoins from the recipient, which must be backed by actual dollars so they amount to a zero-interest loan to the recipient (who can invest the money in something interest-bearing).

For all of these, the novel problem is anonymity: the public, the IRS, and law enforcement have no way of knowing who gave the President (or other public official) how much money when. If we could fix that, at least for a limited class of recipients (high-level Federal government officials), the usual mechanisms of accountability would at least have a chance to do their jobs.

Existing law requires certain categories of government officials (including the President and Vice President) to file financial disclosure forms, within 30 days of taking office and annually thereafter, identifying the sources and amounts of income, gifts, and reimbursements. In a crypto account, some income, gifts and reimbursements are likely to be truly anonymous, and you can't report what you don't know -- but you can still report the total amounts of anonymous transfers, and you can report the account numbers of any such accounts that you own, so the information can be verified. And the tax code could be amended to apply a 100% income tax rate to the total value of such anonymous receipts beyond an annual threshold.

That would work for dodges (a), (b), and (d), but not for dodge (c), the “driving up the price” trick, unless applied to every purchaser of the asset, even those with no interest in bribing public officials. Fortunately, this is the most unwieldy, inconvenient trick of the four: it costs the donor a lot of money, depending on market demand, to drive up the price of a publicly-held asset sufficiently to affect the recipient's behavior, and the recipient can't realize the gains except by selling large amounts of the asset, which pushes the price back down.
hudebnik: (Default)
2025-05-28 06:36 am
Entry tags:

The Abundance Agenda

I've heard bits and pieces about "the abundance agenda" in reading Ezra Klein's NY Times opinion pieces over recent months. He recently co-authored (with Derek Thompson) a book entitled Abundance (review here)on the subject, and this Atlantic article sums up the split in the Democratic party caused by this and two other similar books (Yoni Appelbaum's Stuck and Marc Dunkelman's Why Nothing Works). I haven't read any of the three books yet, but I'm intrigued.

We can all see that the current administration is intentionally destroying the Constitutional Republic and the rule of law in favor of a klepto-autocracy. The only way it's likely to stop doing that is if it loses badly in free and fair elections, and the only likely candidate to beat it is the Democratic Party. But the Democratic Party doesn't have a great reputation with the public either: it can run on "stopping the steal" and restoring the rule of law, but to seriously win, it needs to be in favor of something. What is it in favor of?

For most of my (sixty-year) life, the most consistent difference between Democrats and Republicans has been that Democrats believed government could and should work to make ordinary people's lives better, while (starting with Reagan) Republicans believed government couldn't work, and shouldn't work, and that any time government threatened to make ordinary people's lives better, it must be sabotaged to prevent it from doing that. Since it's always easier to break something than to fix it, Republican governments have had an unfair advantage over Democratic ones in proving their respective points.

But even where and when Democrats are firmly in control, whether local, state, or Federal, they haven't done a great job in recent decades of demonstrating that government can work. Public projects like the Hoover Dam and the Golden Gate Bridge were built a hundred years ago, on schedule and under budget, but anything a government tries to build now takes much longer, costs much more, and accomplishes much less, than initial estimates -- think of the Second Avenue Subway in Manhattan, or inter-city high-speed rail in California. Trump likes to criticize "Democrat-led hellholes" like San Francisco for their homelessness, and he's not entirely wrong: Democratic-led large cities do have more homelessness than smaller cities or than the few Republican-led large cities. Biden's "Inflation Reduction Act" (which was mostly an environmental-policy bill) promised vast increases in solar and wind power, widespread broadband Internet in rural areas, and thousands of new electric-car charging stations so one could actually travel across the country in an electric-only car without fear of getting stranded; in fact, most of the solar-and-wind and broadband projects are still going through permitting and approval, and only dozens of new electric-car charging stations were actually built by the time Trump took office and slammed the brakes on all of that in a fit of pique. By comparison, I think China builds more public transit, solar and wind generation, and so on every year than the US has built in its entire history.

I gather (from the summaries I've read) that in the 1930's and 1940's, liberals in government were successful at using it to build things to improve ordinary people's lives. In the 1960's, liberals started viewing government as the enemy, became more concerned about stopping it from making ordinary people's lives worse, and enacted lots of procedural rules to ensure that all conceivable stakeholders are heard before a shovel goes into the ground. Which is laudable, but in practice it often prevents government from accomplishing anything, even things that would clearly improve most people's lives. The Chinese government, of course, goes to the opposite extreme that Trump would like to emulate: what the President says is what will happen, and other stakeholders might as well not exist.

I don't lose a lot of sleep over the Trump administration demonstrating overwhelming competence at getting good things done, or even overwhelming competence at getting things-I-think-are-bad done. Very simply, Xi Jinping is better at being a dictator than Donald Trump will ever be, and he heads a system of top-down control that's already worked out a lot of the bugs over the past eighty years. But the "abundance" movement within the "liberal-ish" half of the US says "we need to demonstrate that we can make government actually work, largely through reducing procedural obstacles, simplifying and optimizing operations." Sorta what DOGE would be doing if it actually aimed to make things work better rather than just destroying them, if it took the time to understand what current systems aim to achieve and how they currently work before burning them to the ground. Al Gore's Reinventing Government initiative was a related effort; see also this look back at its successes and failures twenty years later.

At the same time, I have libertarian friends I respect who would argue that anything government does to help ordinary people is inherently susceptible to corruption, rent-seeking, and regulatory capture, and we're all better off in general if government doesn’t try to do so many things.

I'm reminded that Frank Herbert wrote a couple of SF novels (and short stories, I think) on the premise that "efficiency in government" proponents had actually succeeded beyond their wildest dreams, to the point that a Bureau of Sabotage was created to slow down the rest of the government; the protagonist is a vaguely James-Bond-ish (and quite efficient) Saboteur Extraordinaire named Jorj X. McKie.

Comments? Suggestions? Have you actually read any of the recent books on the subject?
hudebnik: (Default)
2025-05-27 08:21 am
Entry tags:

hostage situations

So the bad guy has captured your child or spouse or whatever and is holding a gun to its head. Fortunately, the scriptwriters have given you a gun of your own, which you're pointing at the bad guy, at close enough range that you're likely to do serious damage. The bad guy says "Drop your gun, or the kid gets it." What do you do?

If you drop your gun, the bad guy still has a gun pointed at the hostage's head, and will next demand something else from you, and something else, and something else again. You haven't actually gained anything: the hostage is still alive, but only as long as the bad guy feels like it -- which is also true if you don't drop your gun. Indeed, the hostage was keeping the bad guy alive; if he kills the hostage while you still have a gun pointed at him, he won't live very long either.

Now, what if you don't have a gun? The bad guy will instead order you to do other things that strengthen his already-strong position and weaken yours. Again, the hostage is alive as long as the bad guy feels like it, regardless of whether you go along with the demands. If you refuse and he kills the hostage, he's just given away his most valuable asset and made the playing field more level than it was, which is not in his interest. (Killing the hostage isn't in your interest either, but the bad guy, if at all rational, makes decisions based more on his own interest than on yours.)

If somebody threatens you to encourage you to make a "deal", and the deal doesn't come with the verifiable and irrevocable elimination of the threat, it's not a deal; it's a protection racket. The price will keep going up and up and up as long as the bad guy has the power to threaten you and you keep giving him what he asks for. If the price eventually gets too high, you refuse, and he makes good on his threat, you're no better off than if you had refused from the start. (Delay might be a good strategy if you have reason to believe reinforcements will arrive soon to help you, but not if you're on your own.)

This has been a public service announcement, in case you happen to be a University or a law firm or a city, state, or national government....
hudebnik: (Default)
2025-05-16 12:57 pm
Entry tags:

Nationwide injunctions and legal emergencies

As Stephen Vladeck at the Times points out this morning, the Justice Department is asking the Supreme Court not to rule on the underlying question of whether the 14th Amendment actually grants birthright citizenship, but "more modestly" on the more-technical question of whether a single district judge can issue a nationwide injunction against a governmental policy. Of course, this is anything but "modest": if SCOTUS rules the way the Justice Department would like, it would be an enormous win for the Trump administration, because the ruling would presumably apply to lots of other illegal and un-Constitutional things the administration wants to do.

Nationwide injunctions really are a concern: both major parties have used them -- together with careful judge-and-venue-shopping -- to impede actions by Presidents of the opposite party. Related is the question of "emergency" injunctions, which when the Supreme Court takes them up as part of its "shadow docket" are usually heard and decided very quickly, possibly with no oral argument at all, and a decision issued without signed opinions. Both of these practices have become increasingly common in recent years, and they both feel like "end runs" around the proper administration of law; it would be nice to have fewer of them.

So here's a question: what constitutes a legal "emergency"? To me, it would be something that's likely to seriously harm somebody who wasn't being harmed before. If you've had a particular right for decades, and somebody tries to take it away from you, especially in a way that's likely to be irrevocable in practice, that could well be an emergency. On the other hand, if something has been happening for decades or centuries, it's hard to claim that fixing it is an "emergency". In other words, the decision whether something qualifies for the "emergency" docket should be biased in favor of the status quo ante: even if a long-standing practice does need to change, it probably doesn't need to change so fast that it can't wait for a proper judiciary proceeding.

And that's why numerous courts have accepted cases about birthright citizenship as "emergencies": the Administration's position would apply a decidedly non-obvious interpretation to the 160-year-old Fourteenth Amendment, reverse a 127-year-old Supreme Court ruling, and reverse various Federal laws written in light of that ruling, so there's a strong presumption in favor of leaving those things unchanged. But the courts accepting those cases have all been lower-level courts. Several of them have issued nationwide injunctions against the Administration's policy, presumably on grounds that the decision doesn't depend on detailed facts of an individual case but on the plain language of the 14th Amendment, which is the same no matter what state or district you live in, and the Justice Department is "modestly" asking the Supreme Court to strike down those nationwide injunctions. Ideally, in the Justice Department's view, a lower-court case would apply only to the individuals involved in that case, and would at most set a non-binding precedent within that court's geographic jurisdiction.

An additional wrinkle is that many of the plaintiffs in these cases so far have been (IIUC) not individuals whose citizenship has been denied, but "blue" states concerned about the policy's effect on their people. I don't understand all the implications of this, or what standing the states have.

Anyway, if the Supreme Court overturned nationwide injunctions for the birthright-citizenship question, several weird things would happen.

1) Thousands, and eventually millions, of US citizens would lose their citizenship because they couldn't afford to file individual cases against having their citizenship stripped, or they didn't know how to do so. (Pro bono goes only so far when there are thousands or millions of similar cases in the system at once.)

2) Perhaps more significantly, thousands and eventually millions of US citizens would lose their citizenship because they're afraid to file a legal case. Imagine that your family consists of a US-born toddler, a DREAMer older child, a parent with a legal student visa or green card, and an undocumented parent, and you put your name on a lawsuit demanding that your toddler be treated as a US citizen. You would probably win the lawsuit, but long before it can even go to court, the rest of the family will have been deported (including the DREAMer and the legal resident). Of course, ICE could have deported the family anyway, but there are millions of such families; filing a lawsuit against the Trump administration will presumably jump you to the head of the line.

3) Thousands, and eventually millions, of US citizens might remain US citizens as long as they stay in the "blue" states where injunctions are in effect, but become non-citizens (and liable to deportation) if they ever travelled to other states. As one of the lawyers pointed out at oral argument, not since the Civil War has a person's citizenship depended on what state the person was in at the moment.

4) Thousands, and eventually millions, of nearly-identical cases would make their way through the judicial system. Probably 95% of these would be settled quickly, in favor of birthright citizenship and following the 1898 Supreme Court precedent, but perhaps 5% wouldn't -- and in those 5% of cases, the administration would have gained a new power (in certain parts of the country) that it hasn't had before. Heads I win, tails we tie: I'll play that game as often as I can.

5) Ironically, that scenario (a handful of rogue judges agree with the Administration in dropping birthright citizenship) is perhaps the best case, because the conflicting rulings allow the good guys to appeal to the Supreme Court, which (even with its 6-3 Republican-appointee majority) is unlikely to disregard the plain language of the 14th Amendment and reverse all those precedents. The alternative is that every single judge who rules on this supports birthright citizenship, but only within that judge's jurisdiction, the Trump administration chooses not to appeal to the Supreme Court and nobody else has standing to do so, the case never gets to the Supreme Court, and in the interim, the Administration can keep revoking people's citizenship as stated in 1 and 2 above in any part of the US where there hasn't been a court case yet.

So those are the effects on birthright citizenship. But the Supreme Court is extremely unlikely to overturn nationwide injunctions only on that one issue: they're more likely to overturn nationwide injunctions in general, on a wide category of legal questions. Such as whether the Trump administration is obligated to obey Federal laws on how and when Federal employees can be fired; whether it's obligated to obey Congressional appropriation bills; whether it's obligated to give due process to non-US-citizens before imprisoning or deporting them; whether it can default on (or "claw back") already-approved grants to universities, libraries, museums, and other non-profit organizations; whether it can penalize and blackmail law firms without naming anything specific they've done wrong; etc. etc. In each of these areas, we could end up in a situation in which the administration is constrained by Federal law in some parts of the country and not in others.
hudebnik: (Default)
2025-04-27 08:53 am
Entry tags:

Another day, another ocean of self-pitying, self-congratulating nonsense

If you haven't read Time Magazine's April 22 interview with Trump, ... maybe keep it that way, your brain will hurt less and your blood pressure will be lower, but there it is.

Time provides a page of fact-checks of the President's statements in the interview. On trade and tariff issues, he makes up a bunch of numbers that are much higher than the actual numbers, equates buying more than you sell with "losing" money, describes inflation under Biden as "the highest inflation we've ever had", says we're "taking in billions of dollars in tariffs from other countries" that are actually paid mostly by US consumers, etc. He also mis-states crime trends to make Biden look worse and himself look better, overstates evidence against Kilmar Abrego-García, understates prosecutions of rioters in the George Floyd protests, describes Jan. 6 rioters repeatedly as "peaceful and patriotic", overstates the fraud and savings found by DOGE so far, alleges incorrectly that "Stacey Abrams got $2 billion on the environment... something that she knows nothing about" (in fact there was a $2 billion grant to a consortium of NPO's, of which one of the smaller member organizations had formerly employed Stacey Abrams), and alleges widespread Democratic election fraud in both 2020 and 2024.

Trump brags about companies investing in the US: "the companies, the chip companies, the car companies, the Apple. $500 billion. Apple is investing $500 billion in building plants. They never invested in this country.... We have $7 trillion of new plants, factories and other things, investment coming into the United States.... Saudi Arabia, I happen to like the people very much, and the Crown Prince and the King—I like all of them, but they've agreed to invest a trillion dollars in our economy. $1 trillion."
The only way a foreign company or country can invest in the US is with dollars, which they can acquire only by selling stuff to the US, which Trump doesn't want them to do. I'm not an economist, but I get the impression that a country's trade deficit is almost by definition equal to its investment surplus: cut one and you've cut the other.

"[Time] it seems like you are expanding the power of the presidency. Why do you think you need more power?
[Trump] Well, I don't feel I'm expanding it. I think I'm using it as it was meant to be used. [changes topic to tariffs]
[Time] ... you've taken congressional authority on trade and appropriations. You fired the heads of independent agencies. You're challenging the courts right now, as you know. You're using the levers of government to weaken private institutions like law firms and universities. Isn't this seizing power away from institutions and concentrating them inside the presidency?
[Trump] No, I think that what I'm doing is exactly what I've campaigned on. [changes topic to immigration enforcement, equating immigrants with violent criminals]"
[Time] So you're not concentrating more power in the presidency?
[Trump] I don't think so. I think I'm using it properly, and I'm also using it as per my election. You know, everything that I'm doing—this is what I talked about doing. I said that I'm going to move the criminals out. [changes topic to immigration enforcement, blaming Biden for stopping wall construction]"

"[Trump] ... I've made all the deals.
[Time] Not one has been announced yet. When are you going to announce them?
[Trump] I’ve made 200 deals.
[Time] You’ve made 200 deals?
[Trump] 100%.
[Time] Can you share with whom?
[Trump] Because the deal is a deal that I choose. View it differently: We are a department store, and we set the price. I meet with the companies, and then I set a fair price, what I consider to be a fair price, and they can pay it, or they don't have to pay it."

In other words, simply by imposing tariffs, he has made 200 deals. This is a guy whose name is on a book entitled "The Art of the Deal". "You keep using that word. I do not think it means what you think it means."

"[Time] Let me quote from the ruling. “The order properly requires the government to facilitate Abrego Garcia's release from custody in El Salvador.” Are you facilitating a release?
[Trump] I leave that to my lawyers. I give them no instructions. They feel that the order said something very much different from what you're saying. But I leave that to my lawyers. If they want—and that would be the Attorney General of the United States and the people that represent the country. I don't make that decision.
[Time] Have you asked President Bukele to return him?
[Trump] I haven’t, uh, he said he wouldn’t. ... But I haven’t asked him positively, but he said he wouldn’t.
[Time] But if you haven't asked him, then how are you facilitating his release?
[Trump] Well, because I haven't been asked to ask him by my attorneys. Nobody asked me to ask him that question, except you.
...
[Time] Mr. President, whatever he might have done, whoever he might be affiliated with, doesn’t he deserve his day in court? Nazi saboteurs who came on our shores at Montauk during World War II had their day in court. Al Qaeda terrorists had their day in court.
[Trump] I really give that to my lawyers to determine, that’s why I have them. That’s not my determination. It's something that, frankly, bringing him back and retrying him wouldn't bother me, but I leave that up to my lawyer. You could bring him back and retry him—
[Time] That’s exactly right. You could fix this simply by bringing him back and going through the legal process—
[Trump] But I leave that decision to the lawyers. At this moment, they just don’t want to do that. They say we’re in total compliance with the Supreme Court."

"[Time] Some Republicans are considering raising taxes on millionaires in the package you're planning to pass that would extend your 2017 tax cuts. Do you support that idea?
[Trump] ... I actually love the concept, but I don't want it to be used against me politically, because I've seen people lose elections for less, especially with the fake news. ... I would not mind personally paying more. But the concept is something that may not be acceptable to the public."
hudebnik: (Default)
2025-04-26 10:46 am
Entry tags:

Disappearances, continued

On March 31 (less than a month ago), I wrote

"we've come this far in only ten weeks. What's left for the Trump administration to do in the next 3-3/4 years?

Once you realize that you can disappear legal immigrants without evidence, charges, or legal proceedings, the obvious next step is to disappear US citizens."

And right on schedule, the Trump administration has apparently deported a US citizen to Honduras without even a hearing.

Some details: the citizen in question is a 2-year-old girl, born in the US to a Honduran mother; I don't know the father's citizenship/immigration status. The mother, the 2-year-old daughter, and a Honduran older daughter were taken into ICE detention and the administration decided to deport them. The father petitioned to stop the proceedings, at least insofar as the 2-year-old was concerned, on grounds that she's a US citizen and can't be deported. ICE allowed him a 1-minute phone call with the mother, which wasn't enough to resolve anything or reach any agreement about the 2-year-old. The father's petition was heard by a Trump-appointed Federal judge in Louisiana, by which time the deportation plane was apparently already in the air to Honduras. The Justice Department told the judge that the mother had requested that her daughter go with her, but the judge was unable to verify that. The judge tried to call the mother and was told that she had already been released in Honduras, so ICE had no way to reach her. The judge has set a hearing for May 16 to find out whether the US government actually "deported a US citizen with no meaningful process".

There are a lot of complexities here. It's not clear whether the father and mother are estranged, or whether ICE simply caught her and not him, or whether he's a citizen or legal immigrant. Ordinarily when parents are estranged, it's legally problematic for one of them to take their child across state lines without the other's permission, not to mention going to another country without permission; these things are normally resolved by custody rulings from a judge. It's not clear whether she wanted to take the child with her to Honduras, and whether the father and mother really disagreed about this. It is clear that they were deported under "expedited removal" rules before a judge could even weigh in on the case.

Let's imagine a simpler case as a Gedankenexperiment: father and mother are both undocumented immigrants, they've both been caught by ICE, which wants to deport them both at the same time to the same place, but they have a US-born 2-year-old. What are the possible outcomes?

  1. The child is taken away from her parents; they're deported and she's placed with friends, relatives, or a child-protective agency.

  2. Mother, father, and child are all deported, one of them in violation of US law (and possibly the US Constitution).

  3. Mother, father, and child are all allowed to stay in the US, two of them in violation of US law.

  4. Mother, father, and child are all allowed to stay in the US legally.


During the first Trump administration, the preferred solution was a variant of #1: separate children from their parents, deport the parents, and don't bother even keeping records of which child belongs to which parents so they can potentially be reunited someday, on the theory that causing as much suffering as possible will discourage other people from coming to the US illegally. (And they didn't try particularly hard to place the children, instead keeping them in ICE detention for weeks and months.)

The new answer appears to be #2: it doesn't inflict quite as much suffering, but it serves as a test case for Trump's long-standing desire to overturn the part of the 14th Amendment that specifies birthright citizenship. If he does that successfully, suddenly there are millions more people he can deport.

Of course, I'm a bleeding-heart liberal who measures the outcomes by how much they harm or help people. By that ranking, #1 is clearly the worst -- it inflicts a lot of suffering on three specific people. #2 is less bad: the family are still together, but they presumably left Honduras for good reasons, and now they're back there against their will. #3 is slightly less bad still: the family are still together, where they've chosen to live, but they're still living "underground", afraid to report crimes or complain about working conditions, wondering every day when ICE will knock at the door again. And their presence causes generalized harm to American workers, who have trouble competing for jobs against illegal immigrants who are guaranteed not to try to unionize or complain about working conditions. (Their presence probably does not cause a generalized harm through crime rates, since undocumented immigrants statistically commit fewer crimes than native-born citizens.) Least bad is #4: the family are together, where they've chosen to live, they're not "underground" so they're not competing unfairly with citizens for jobs, and they can go back and visit their relatives in Honduras without fear that they won't be allowed back into the US. My ranking, coincidentally, is the exact opposite of the Trump administration's priorities.

Options 3 and 4 do raise real moral-hazard questions: if it's US policy to allow people to stay either quasi-legally or fully-legally by having an "anchor baby", the policy encourages people to do exactly that, which really does feel like "cheating" or "cutting the line", as well as being a terrible reason to have a child. But what if it were US policy to allow (law-abiding) people to stay legally regardless of whether they had an "anchor baby"? What if we simply didn't have a category of "illegal immigrant" (as we didn't until 1875)? Then the moral-hazard argument about "anchor babies" disappears.
hudebnik: (Default)
2025-04-25 07:39 am
Entry tags:

dismantling the State Department

One of the persistent mysteries of Trump 2.0 is why a would-be autocrat is simultaneously concentrating power in himself and dismantling most of the government agencies that would enable him to wield power. In particular, I've been wondering about the announcements in the past few weeks that large numbers of State Department offices, embassies, consulates, etc. are being shut down, their staff laid off.

The other day I was engaged in one of my usual debates with a Person Who Is Wrong And Isn't Actually There (this makes it easier to state the other side's arguments and eviscerate them), talking about immigration.

"But they're cutting the line! Why don't they follow the rules and apply to immigrate legally like everyone else?"

"And which application process would that be? There are five main ways to legally immigrate to the US: employer sponsorship, family sponsorship, refugee status, asylum, and the diversity lottery, and Trump (both 1.0 and 2.0) is trying hard to shut down at least four of the five. Employer sponsorship requires you to have a job offer from a US employer before you come to the US. Family sponsorship requires you to have a close relative already living legally in the US for at least a year or so before you come to the US. Refugee status requires years of paperwork and background checks in your home country before you come to the US. For asylum, you enter the US at a border crossing, immediately turn yourself in to a border guard, and request asylum, they listen to your claim, and maybe they give you an appointment for a hearing (or maybe they kick yo out immediately). And the diversity lottery really is a lottery: your chances of getting in that way are minuscule."

"But they shouldn't come to the US to try to get in; they should apply in their home countries --"

[click]

If you shut down all the US embassies and consulates in a particular country or region, you won't get immigration applications from people living in that country or region. This week's plans for State Department reorganization don't mention the entire continent of Africa, which might mean they intend to have no embassies or consulates anywhere in Africa. (Presumably Saudi Arabia, Israel, and some other relatively-wealthy Middle Eastern countries don't count as "Africa".)

I'm not sure of some of the facts here; if I'm wrong, please correct me.
hudebnik: (Default)
2025-04-20 07:38 am
Entry tags:

A busy few days

I took an hour out of my work day on Friday to join in a family Zoom call with my uncle Will, who had scheduled his death for later that afternoon. He appeared mentally sharp, with the same dry humor as ever, but (whether because of Parkinson's or because of medications) his face didn't move, no expression at all, except when he was actually talking. My cousin and half-brother were there in person, as were his four-month-old grandson, his first wife (whom I hadn't seen in fifty years or so), and presumably an offscreen nurse to manage the assisted-suicide process. My other uncle, my sister-in-law, my brother, and I joined by Zoom from our respective homes. It was good to see all these people, and the prevailing mood was one of tender humor.

After the Zoom call ended, my brother reported by e-mail that Will took his pill, went to bed in the living room facing the window with a spectacular view of Mt. Hood, fell asleep, and stopped breathing two or three hours later.

Saturday we went to another protest march in Manhattan. This one's theme was "declaration of interdepence", with specific emphases on due process for immigrants and environmental protection. I re-used my sign from the last march, which said on one side "The Bill of Rights is not limited to citizens" and on the other "WASTE + FRAUD + ABUSE = DOGE", while [personal profile] shalmestere made a new sign about clean air, clean water, and clean energy. We stood around for an hour and a half in front of the Central Library before starting to walk, ending up at the corner of Central Park. No incidents that I noticed, no counter-protesters even, and we got gestures of support from the tourists passing by on buses and the drivers crossing our path. There was one guy, right at the end of the march, who used his bullhorn to exhort everyone to not patronize the horse-carriages of Central Park -- a legitimate issue to discuss, but not the main focus of the day, and he was unnecessarily insulting about it. Anyway, we took a subway back to Penn Station, and an LIRR to Queens, and walked home with our protest signs. One lady on the street asked what the signs were about, so I showed her mine, and she explained "Actually, the Bill of Rights is limited to citizens."
"It doesn't say so; it uses the word 'person', not 'citizen'."
"Trust me, I've read the Constitution, and even studied it. The whole Constitution is only for citizens."
"But the authors of the Constitution knew the word 'citizen', and used it in other places; they didn't use it in the Bill of Rights. Everyone deserves due process."
"You want to give due process to murderers and rapists who aren't even in the country legally in the first place?"
"Absolutely, because if they haven't had due process, we don't know that they are murderers and rapists."
Anyway, she got angrier and angrier, accusing "you people" of putting the interests of murderers and rapists and terrorists ahead of real Americans and the victims of murder, rape, and terrorism. We walked away.

Then spent the rest of the afternoon recuperating from the physical stress of standing or walking-slowly on pavement for several hours. It was a gorgeous day, high in the low 80's (and three days earlier I was wearing a winter parka!), with blue skies and light breezes.
hudebnik: (teacher-mode)
2025-04-06 02:03 pm
Entry tags:

About those weird tariff numbers

Many people have already remarked on the bizarre variation in Trump tariff rates between one nation and another, and various reporters have discussed the "formula" that the Trump administration seems to have used to determine most of those rates. (Russia, North Korea, and Iran are mysteriously all at the 10% level.) It's not completely nonsensical: indeed, if there were a homework problem about tariffs in an Algebra I textbook written for twelve-year-olds who knew nothing about economics, this might be the answer in the back of the book.

Question 15: Your country annually sells $X worth of goods to the country next door, and buys $Y worth of goods from that country. If X < Y, this situation is called a "trade deficit". What level of tariffs would you need to impose on imports to make the trade deficit disappear?

Solution: let T be the tariff rate; the trade deficit is Y - X, the revenue from tariffs is T * Y, so equating the two and dividing both sides by Y, we get T = (Y-X)/Y.

Yes, it really is that simple and stupid.

For example, according to this Times article, the US bought $228M worth of goods from Lesotho last year, while selling it only $7M. (228-7)/228 = .97, so the formula suggests a tariff rate of 97% to balance things out. Trump says he's "being kind" to other countries by setting his tariff rates at only half this level, which is why he's imposing a tariff on Lesotho of "only" 50%. (The Times article also points out that the people of Lesotho don't buy much from the US, or from any country except South Africa, because most of them are desperately poor, and what they sell to the US is mostly diamonds, which can't be mined in the US because the US doesn't have naturally-occurring diamonds.)

Of course, there are lots of real-world issues that don't fit into this Algebra I question, most obviously

  • how much of the tariff is actually paid by importers, retailers, and customers in this country rather than by the other country

  • how much the tariff's existence changes the levels of imports and exports.


The Trump administration's formula acknowledges these -- sorta. It inserts two constant factors into the equation, one to represent what fraction of the tariff actually comes from Americans and one to represent how much imports decrease as a result of the tariff. In reality, it's not clear that either of those is actually a constant factor: both of them are likely to be superlinear, perhaps quadratic, in the size of the tariff. Anyway, it doesn't matter because whoever came up with the formula arbitrarily assigned one of them the value 4 and the other the value 1/4, so they cancel one another out and we can ignore both of them.

Another real-world issue that doesn't fit into the Algebra I question is how the other country will respond to your imposition of a tariff: will it reduce its own tariffs and trade barriers to get you to drop yours, will it increase its own tariffs and trade barriers in retaliation for you raising yours, etc.? Trump is usually very interested in forcing other people to bend to his will, but in this case he doesn't seem to care much what other countries do in response: he's going to take matters into his own hands and zero out all the trade deficits at the stroke of a pen.

A fourth real-world issue is the distinction between goods and services: for example, the US has a substantial trade deficit with the EU if you only look at goods, while it has a substantial trade surplus with the EU if you only look at services; combining the two, there's still a trade deficit, but much smaller than the goods-only deficit than the administration seems to have used.

Fifth, trade numbers between countries can fluctuate wildly from one year to the next: if one airliner or fighter-jet is delivered in December rather than January, that can make an appreciable difference. It would make more sense to use average figures over, say, five or ten years to do these computations.

And the elephant in the room: all of this is based simply on cash flows. The most common (populist) argument in favor of tariffs and trade barriers is that they'll encourage a particular domestic industry and its workers by protecting them from foreign competition. Of course, this effect only works if the tariffs are expected to stay in place for long enough (several years) for manufacturers to build factories and move their production, and long-term predictability isn't Trump's style. At the same time, a populist argument against tariffs and trade barriers, particularly on parts and raw materials, is that they'll hurt domestic industry and its workers by making their inputs more expensive, and they'll hurt consumers by making everything more expensive. These effects are more immediate than the positive effect on the protected industry, and they apply to every part of the domestic economy except the industry you're trying to protect. The formula takes no consideration of these effects (positive or negative) on domestic industry or consumers, only on how much cash is entering or leaving the country.

In the 17th and 18th centuries, the great nations of Europe made trade policy based on a theory called "mercantilism", which measured a nation's greatness by how much gold and silver were within its borders, so selling more and buying less from other countries is always good. Adam Smith pointed out in 1776, in Wealth of Nations, that this is bonkers: in reality trade benefits both parties (or they wouldn't have done it). If you have the choice among buying something cheaply from a neighbor, making it more expensively at home, or not having it at all, you and your people may be best off buying it from your neighbor (especially since this makes your neighbor cash-rich and more able to buy other things from you). A few decades later, David Ricardo elaborated on this with the "theory of comparative advantage": to oversimplify, if your country (for reasons of natural resources, expertise, etc.) can produce commodity A more efficiently than commodity B, while a neighboring country is better at producing commodity B than commodity A, both countries are better off if you produce A and trade it to your neighbor for B. And no real economist or trade-policy expert in over 200 years has believed in mercantilism.

But Trump does. He measures everything in cash, including America's "greatness", so his tariff policy treats tariffs purely as a source of cash revenue, with no concern for any other effects they might have. See today's XKCD for another illustration of how silly this is.

So based on an economic theory that was thoroughly discredited 250 years ago, by ignoring everything we know about the behavior of actual human beings, companies, and nations, and by measuring only one year's exchange of physical goods for cash rather than any broader measures, he's come up with a policy that serves only to demonstrate his ability to tank the national and world economies and cause mass suffering.
hudebnik: (Default)
2025-04-05 11:00 pm
Entry tags:

On the way back from the protest today...

we sat next to a guy on the train who asked what the signs were about, so we told him.

He assured me that while a few people would lose their jobs in the short run, everything would settle down soon and in the long run it would be good for everyone.

I disagreed politely, pointing out that the cuts are so deep, and in so many agencies, that pretty much every American will be affected by them, soon and with no expiration date. And that the cuts are being made with an axe, not a scalpel. I'm all in favor of rooting out waste, fraud, and abuse, but if you were really trying to do that, you would hire people who know about accounting and government procurement, and who would study what the agencies do before issuing prescriptions for how to fix them. But they don't have time to do that kind of serious investigation: they have to break things as fast as possible, without understanding them, because the longer they take, the more likely somebody is to stop them. Instead, they have a bunch of 20-year-old kids who are good at computer programming but don't know anything else making decisions about shutting down entire government agencies, and they've been given access to your entire financial history, your SSN and birthdate and tax returns etc, without even passing a security background check; I assume they've made copies of all that on their home computers so they can sell it later. He agreed that it would be best to have government fixed by people who know what they're doing.

And then I asked what business he was in. He talked about his efforts to get a mistaken DUI stricken from his record so he can get back his CDL and return to his job driving trucks so he can retire with full benefits before he's 70. Apparently a lawyer he hired to help with this lied to him in order to extract more legal fees from him, and never really pressed his case, but he's still out $30K, and several years of seniority, for the attempt. He was on his way to a job fair, and I wished him luck.

As he got off the train, he said "Y'all seem to be really nice people. You're clearly left-wingers, and I'm not, but it's been nice talking to you." I replied "Yes, we need to talk across these divides, or we'll have two countries rather than one."
hudebnik: (Default)
2025-03-31 09:29 pm
Entry tags:

Disappearances

So DJT took office promising to deport millions of "dangerous criminal" illegal aliens, and demanded a certain number of deportations per day. ICE had trouble finding that many dangerous criminal illegal aliens, so they decided to deport a lot of illegal aliens who hadn't committed any crimes. That still wasn't enough to meet quota, so they started deporting legal temporary residents (people here on tourist, student, refugee, or asylum status) who hadn't committed any crimes. That still wasn't enough, so they started deporting legal permanent residents (people with green cards) who hadn't committed any crimes.

These people are being detained and deported for a variety of reasons: (a) they once led a protest against Israeli policy in Gaza, (b) they once wrote a column in a student newspaper criticizing Israeli policy in Gaza, (c) they have an in-law they met once or twice who, ten years ago, was a member of Hamas, (d) they went home to Lebanon to visit relatives, (e) they applied again for a visa (successfully) after it was rejected the first time, or (f) they have tattoos and therefore are obviously members of Tren de Aragua, which despite its appearance as a profit-driven protection-market gang is really a front for a Venezuelan-government invasion of the United States that's so secret the defense department doesn't know it's happened.

Most of these detentions and deportations seem to happen with no legal process whatsoever: somebody high up in the State Department decides unilaterally that you're a menace to society, so your immigration papers are cancelled without notice or appeal, you're picked up on the street by masked plainclothes ICE officers, and you're sent to some prison where US law doesn't apply, to be held without charges, indefinitely, without your friends, family, or lawyer even knowing where you are.

That's review so far: we all know that. But we've come this far in only ten weeks. What's left for the Trump administration to do in the next 3-3/4 years?

Once you realize that you can disappear legal immigrants without evidence, charges, or legal proceedings, the obvious next step is to disappear US citizens. All you have to do is tell ICE that somebody made a false statement on a naturalization application, or is using a counterfeit passport or birth certificate, and that person is gone without a trace. I'm sure DJT has a long list of US citizens he wishes would just disappear....
hudebnik: (Default)
2025-03-28 11:00 pm
Entry tags:

Waste, fraud, abuse, and woke

We've heard a lot in the past two months about DOGE and the Trump cabinet cutting government waste, fraud, abuse, and "wokeness". These words are usually combined in the same sentence, and rarely distinguished from one another.

There really are several different things that might go wrong with a government spending program, each with a different appropriate response.


Waste and inefficiency

Any government program will inevitably waste some money. There might be duplication of effort, e.g. people hand-copying data from one form to a nearly identical one, wasting both time and money. There might be erroneous expenditures: somebody miscopied a number or approved an expenditure that shouldn't have been approved. Or the whole program might be an ineffective way to achieve its stated goals. All of these are bad things, none of them can be completely eliminated, but all of them can be reduced with careful examination. It takes bureaucratic-process expertise to identify duplication of effort and common sources of error, and recommend how to reduce those things. It takes domain expertise, outcomes analysis, and an open mind to identify approaches that are simply not working, and even more to identify better alternatives. Sometimes there are no better alternatives: based on analysis of past failures and literature review, there is no known way to actually accomplish the stated goals, in which case the program should arguably be shut down.

Vice President Al Gore's "Reinventing Government" program was a relatively-successful effort in this area: it looked at a lot of cases of error and inefficiency, took extensive input from the people actually implementing those programs, and in many cases found simple ways to improve results and save money, such as distributing the dates of payments evenly throughout the month rather than trying to process most of them on the same day.


Fraud and abuse

Any government program that hands out money will inevitably attract fraud and abuse. These are different from waste and inefficiency in that somebody intentionally got something not authorized by the enabling legislation. Fortunately, the lack of authorization means somebody is breaking a law, so the solution is obvious: file criminal charges against the individuals doing it. Shutting down a whole program is almost never an appropriate solution unless the rate of fraud is so high that it swamps the program's legitimate uses.

How many criminal charges have been filed for benefits fraud as a result of DOGE investigations? I haven't heard of any, which suggests that they haven't actually found any fraud to speak of. (Or that they'd already fired the prosecutors who would have brought those charges, or that in their haste to destroy the agency they'd already destroyed or contaminated the evidence -- neither of which is a promising way to fight fraud.)

A related question: how much does it cost to catch and stop fraud? These costs come in two forms.
First, obviously, how much bureaucratic time and paperwork (and how much ordinary-citizens' time and paperwork) is spent just trying to certify eligibility for benefits: if we spend $1,000,000 to catch $100,000 worth of fraud, that's a textbook example of "waste and inefficiency". Second, how many false-positives do we get in exchange for reducing false-negatives? If we kick ten ineligible people off Medicare, but also kick fifty eligible people off Medicare at the same time (whether because of bureaucratic error or because the added paperwork burden causes some of them to miss deadlines), do we count that as a win or a loss?


Programs no longer consistent with administration priorities

Every new administration will have different priorities than the previous one, and will inevitably want to spend more money on some things and less on others; this is perfectly legitimate, because elections have consequences. The traditional, legal way to handle this is to request, and negotiate, a different allocation of money in the next round of Congressional budget bills. If your team negotiate well, they may be able to completely eliminate a program in the next year's budget, not because of waste, inefficiency, fraud, or abuse, but simply because the Administration and a good fraction of Congress don't support it. But if most of Congress does support it, the Administration has to decide whether it's worth a veto fight that also imperils the rest of the budget.

The less-traditional, less-legal way is to unilaterally change the spending in this year's budget, which has already been passed by both houses of Congress and signed by the (then-)President and therefore has the force of law. President Nixon tried to do that (not so much on first taking office, but in implementing budgets passed later by a heavily-Democratic Congress) by refusing to spend money on things he didn't approve of, and Congress responded with the Impoundment Control Act of 1974, saying explicitly that no, the President doesn't have the power to do that. Almost every President since then has sought line-item vetoes or some kind of limited impoundment authority. The second Trump administration has gone farther than any other in this regard, unilaterally cancelling thousands of contracts, whole programs, and even whole agencies without even asking Congress.



So, three different reasons to want to save money on a program, and three different appropriate responses. The first requires careful, painstaking analysis and expertise; the second requires evidence and criminal charges; and the third requires political negotiation and waiting a few months. The Trump administration didn't like any of those requirements, so they skipped the step of identifying waste, inefficiency, fraud, and abuse and went straight to cutting programs that might conceivably contain waste, inefficiency, fraud, and abuse (which is all of them), in "shock and awe" mode, moving fast to change the reality on the ground long before the courts, the law, or the political opposition could catch up with them. Moving that fast, of course, means that even if they did care about which programs are actually problematic, they wouldn't have time to identify or analyze them. Besides, that's boring, tedious work; it's much more fun to just break things because you can and because it makes liberals cry.

Cutting things with an axe rather than a scalpel tends to waste money. If you've funded the construction of a tunnel, or a medical outcomes study, and shut down the program abruptly at 90% completion, you've already spent 90% of the money, but you'll get none of the benefit because you can't drive through 90% of a tunnel, and 90% of a medical outcomes study lacks credibility because it violates the carefully-planned study protocol the researchers selected in advance. If you cancel a signed contract and the other party sues you for breach of contract, you may end up paying court fees and fines, so you're still spending taxpayer dollars but not getting the benefit the program was supposed to provide.

But of course it's not really about saving taxpayer dollars; it's about a jihad against the whole idea of government. The people at DOGE, and some or all of the Trump cabinet, are engaged in a holy war to destroy as much of the Federal government as possible before anybody can stop them. Trump may eventually come to regret this, because if you have no government left, you can't use it to reward your friends and punish your enemies.
hudebnik: (Default)
2025-03-20 08:27 am
Entry tags:

Dictatorship diary

So, let's see... the Trump administration has retaliated against three major law firms for representing clients against him. At Covington & Burling, he yanked the security clearances of individual lawyers and staff who had participated in the Special Counsel investigations of him. At Perkins Coie, which had represented Hillary Clinton in the 2016 campaign, he stripped all lawyers and staff of security clearances, ordered the immediate termination of all government contracts with the firm and with any company represented by the firm, and forbade firm employees from being subsequently hired by the government, from entering US government buildings, and from "engagement" with government officials. The Paul Weiss firm has two lawyers who participated in criminal investigations of Trump, and the company has an official DEI policy, so he did basically the same to them. I think all three law firms have already lost clients as a result. I think all three law firms have sued to block the EO's from going into effect. The Perkins firm hired the firm of Williams & Connolly to manage its lawsuit, and when somebody asked whether Williams & Connolly might be the next target, simply because it was representing Perkins in this case, the Trump administration's lawyers wouldn't rule that out. The message is clear: if you take, or ever took, even one case against Donald Trump or his administration, you and anybody you work with won't be allowed to practice law at all. More briefly: either you're 100% with Trump or you're an enemy of the United States.

Trump always promised that he would deport "criminal illegal aliens", but he hasn't had much luck finding them, so he's been deporting lots of illegal aliens without criminal records. And lots of legal temporary residents, mostly those in the US pending resolution of their asylum claims. In the past week, he's moved on to deporting legal permanent residents, with green cards, with no due process at all. One guy with a green card was arrested in NYC, his green card revoked on the spot, and sent to a prison in Louisiana to await deportation (with no access to his lawyer), because while he was on a student visa at Columbia, he led an anti-Israel protest. A Brown University medical professor with a green card went to Lebanon to visit relatives, and as soon as she returned to the US she was arrested and put on a plane to Paris. Her lawyers had a court order forbidding the Trump administration from deporting her, but immigration officials refused to comply with the court order until her plane had taken off for Paris. The next day, 200-odd Venezuelans in the US (I'm not sure of their immigration statuses; perhaps asylum?) were unilaterally declared to be members of an international terrorist gang and put on planes to El Salvador, where the Trump administration is paying the Salvadoran government to keep them in a Salvadoran prison; a US judge issued a court order forbidding the administration to deport them until their cases could be reviewed, saying specifically that "if the planes are already in the air, turn them around," and the planes (one of which hadn't even taken off yet) proceeded to El Salvador anyway. The judge in the latter case has spent the last three days trying to get information from the administration about exactly when the planes took off so he can decide whether the administration willfully violated his order, and administration lawyers are stonewalling and refusing to provide that information on national-security grounds. Trump has retaliated by demanding the impeachment of the judge in question, and some Republican in Congress has dutifully introduced impeachment charges. In short, the Trump administration has probably willfully violated at least two direct court orders so it can deport people without due process or evidence.

At the rate he's moving, I would guess that within a month he'll be revoking US citizenship so he can deport US citizens. And he will be openly and routinely ignoring any court order he disagrees with.

Meanwhile, also in the last week, Columbia University has had $400M worth of government grants suspended because it didn't crack down harshly enough on anti-Israel demonstrators last year, and Penn State has had $110M worth of government grants suspended because it allowed a trans woman to play on a women's sports team.

And the DOGE shutdowns of government agencies continue. Most recently, DOGE tried to enter the offices of the US Institute for Peace, which isn't even part of the Executive branch at all. Institute staff and lawyers called the DC police to keep them out, DOGE also called the DC police, and apparently the DC police sided with the latter, kicking Institute staff out of the building and letting DOGE staff in to do whatever they wanted.

It's been two months to the day since Trump took office for the second time, and it's looking pretty bleak for democracy and the rule of law. It was a nice run while it lasted.
hudebnik: (Default)
2025-03-19 07:57 am
Entry tags:

What is DEI?

Since Donald Trump took office for the second time, he's declared an outright war on "DEI", without clearly defining what "DEI" means or why it's a bad thing. That vagueness is probably an intentional tactic: if people don't know exactly what you're forbidding, but you have a reputation for punishing people harshly for doing it, they'll voluntarily stop doing anything that it might conceivably be.

I'm not an expert on DEI as it's traditionally understood, but I gather it includes a couple of different things an organization might do:


  • making (racial, religious, political, socioeconomic, gender, etc.) diversity an organizational goal, and measuring progress towards that goal by counting the representation of various races, religions, etc. in the organization as a whole or in its upper ranks;

  • recognizing the (past or present) existence of discrimination and the achievements of people who have overcome it;

  • allowing or supporting voluntary affinity groups within the organization based on membership in historically-discriminated-against demographics;

  • favoring members of groups that have historically been disfavored, so as to achieve diversity and equality of results;

  • actively soliciting applications (for student positions, internships, jobs, promotions) from groups that traditionally haven't applied, on the theory that adding them to the applicant pool will give the positions to people who are both more-qualified and more-diverse;

  • doing research or public outreach on specific racial, religious, socioeconomic, gender, etc. groups for any reason.



People have made a number of good arguments in favor of diversity as an organizational goal: it'll reduce monolithic "groupthink" and enable the organization to consider a wider variety of solutions to problems; it'll enable a company to perceive and meet the needs of a wider variety of potential customers; it'll prepare students to live harmoniously in a diverse real world.

At the same time, there are legitimate arguments against certain implementations of it. We've all seen mandatory DEI trainings that everybody has to take once a year in order to check off a box, everybody forgets about as soon as the box is checked, and there's no evidence that they make any difference, which makes them a waste of everybody's time. More seriously, it's really hard to measure "how disadvantaged" somebody is and therefore how much special consideration someone should get for being a member of a historically-disadvantaged group; miscalculating this runs a real risk of actively causing exactly the discrimination (on an individual level, based on group membership) we're trying to eliminate. And if there's a widespread perception that members of historically-disadvantaged groups are now getting unfairly-favorable treatment, people will assume that they're less-qualified "DEI hires" no matter how good they are at their jobs. (Naturally, the people most likely to perceive historically-disadvantaged groups as getting unfairly-favorable treatment, and to dismiss them as "DEI hires", are members of historically-advantaged groups who sixty years ago would have said openly that blacks and women were incapable of doing certain jobs: the reasoning has changed but the conclusion is the same.)

The Trump administration's actions on the subject conflate all of the above forms of "DEI", and declare them all to be illegal and unacceptable within government, in organizations that contract with the government, and even in private organizations. Most people I know assume that this "anti-DEI backlash" is actually an attempt to reinstate historical discrimination in favor of straight-white-males, thinly disguised as preventing discrimination (just as anybody on the Trump/Musk team espousing "freedom of speech" is probably actively censoring speech).

But let's imagine, hypothetically, that some people in the anti-DEI backlash were acting out of good, noble motives, and sincerely opposed to racism, sexism, religious or political discrimination, etc. What would they be trying to achieve?

The simple answer is "a race-blind society", in which your ethnic (or religious or whatever) background not only makes no difference in your life but literally isn't recognized. We won't give you any special consideration for the fact that you were born to a group that's been historically discriminated against; the clock is reset at birth, so only your individual achievements matter. Those individual achievements are no more noteworthy for having overcome disadvantages of birth, because there are no disadvantages of birth. We won't make any special effort to reach out to historically-disadvantaged groups, because that would acknowledge the existence of historically-disadvantaged groups. Clubs and voluntary organizations cannot exclude people from membership by race, religion, gender, etc. because recognizing those distinctions perpetuates discrimination. Organizations cannot count how many employees or how many managers are of particular historically-disadvantaged groups because recognizing the existence of those groups perpetuates discrimination. In researching problems that appear particularly prevalent in particular ethnic, religious, etc. groups (e.g. AIDS, sickle-cell anemia, teen suicide, wife-burning), we won't specifically reach out to those groups because that would require the organization to recognize the existence of those groups and ask who's a member of one.

It's an attractive dream: eliminate racism and discrimination at a stroke by decreeing that they don't exist and never have existed. Indeed, racial, religious, political, socioeconomic, and gender groups themselves don't exist and never have existed; only individuals exist, and any other kind of grouping of people is artificial and harmful. We need to treat each individual purely based on that individual's complex of characteristics, not as part of one identity group or another.

Except gender: there are exactly two genders, two sexes (and those terms are synonymous); there are no anatomically or chromosomally ambiguous cases, and believing oneself to be in the wrong bucket is simply a mental illness, a delusion, like believing oneself to be the reincarnation of King Louis XIV. And since this one congenital difference is real and natural, it would be silly and unrealistic to try to achieve "equality" across it, because men and women really are different. There's no reason to assume men and women are equally capable of certain things -- indeed, we know for a fact that they're not -- so if there are an equal number of men and women in a particular organization, a particular rank, or a particular field, it probably took unfair discrimination to achieve that artificial outcome. Some jobs are just inherently male or inherently female; that's the way Nature made us, and refusing to accept that fact is again a delusion or mental illness. (You see the slippery slope we just slid down....)

Now, everybody reading this knows that gender and sex really are more complicated than that. First, almost every difference between men and women is a difference-of-means between overlapping bell curves, not a qualitative and absolute difference: yes, "the average man" has more peak muscular power than "the average woman", but you'll never meet the average man or the average woman, only individuals who can and should be judged on the individual characteristics relevant to the job. Second, maybe 99% of people can be unambiguously categorized as male or female, but the other 1% still exist, despite laws and executive orders saying they don't. And people with gender dysphoria really exist: I've never experienced it first-hand, so I'm not in a position to say what it's like, much less what treatments work for it, but I'm willing to believe that it's a real condition, and that treating it is different from treating the belief that you're Louis XIV.

And everybody reading this knows that no, the clock doesn't reset at birth. Even if society became race-blind tomorrow, your parents' finances, education, religion, politics, citizenship, and home address would still have been affected by their ethnicity, and would all measurably affect your chances of "making it in the world". The people pushing "race-blind" policies are themselves almost all congenitally rich, white US citizens with individual records of active racism and sexism.

So what would work better? Simple answers and wishful thinking don't work. By all means, let's try not to actively perpetuate racist and sexist prejudices, but without pretending that they never existed and don't still affect us. We can try to make schools in poor neighborhoods as good as those in rich neighborhoods, without pretending that they already are. We can acknowledge that some medical problems really are specific to (or manifest differently in) particular races or sexes, and use that fact to deliver medical care to everyone rather than mostly studying and treating straight-white-men's problems. Race and sex differences really do exist, and they really do have fuzzy boundaries: somebody really can be black by one definition and Asian by another, male by one definition and female by another, etc. Clubs and affinity groups (all-female, all-male, all-black, all-white, all-gay, all-left-handed, all-divorced, all-ex-convict, all-Catholic, all-abducted-by-aliens, etc.) serve a useful role, and they can decide for themselves how to handle the fuzzy boundaries, as long as they're honest about their criteria and role.
hudebnik: (Default)
2025-03-04 07:23 pm
Entry tags:

If Zelensky wants to make nice with Trump...

... there are actually things he could say that are both true (so he can look himself in the mirror) and flattering to Trump.

From this article...

When the Soviet Union fell apart in 1991, a number of its nuclear weapons were stationed in Ukraine. Ukraine didn't really want to be a nuclear power, so (with some back-and-forth, over the course of several years) they agreed to move their nuclear weapons to Russia, while joining various international treaties. But Ukraine was worried that Russia would invade it. So in 1994, the United States, Russia, and the United Kingdom signed the Budapest Memorandum on Security Assurances, each country promising to respect the sovereignty and existing borders of Ukraine (and Byelorus and Kazakhstan, which aren't relevant here). The same day, the START treaty was ratified by all parties and came into effect.

In 2009, the START treaty expired and was not renewed, but the US and Russia issued a joint statement that the Budapest Memorandum was still in effect; all signatory nations were still obliged to respect Ukraine's existing borders and sovereignty.

Russia has invaded Ukraine twice since then: in 2014, and again in 2022, violating that promise. (Russia's official position is that the memorandum was directed at the legitimate government of Ukraine, and since Ukraine in 2014 kicked out its pro-Moscow President, its government was no longer legitimate so the memorandum no longer applied.)

Anyway, Ukraine has every reason to fear that even if it gives up some territory in a peace agreement with Russia, Russia will be back in a few years to capture even more Ukrainian territory, and again and again until there is no nation of Ukraine -- which Putin has said openly is his goal.

Now, Zelensky can point out (if Trump doesn't do it first) that both times Russia invaded Ukraine, there was a Democrat in the White House. As far as Trump is concerned, Russia will never break its word as long as he's President, because he is just that awesome a negotiator and Putin respects him.

Zelensky doesn't have to sincerely believe that, only to point out that Trump won't be President forever, and it would be nice if his country didn't get invaded by Russia even after its benevolent protector, Donald Trump, is gone. So they need some kind of guarantee that's binding even on the next President after Trump, whom Putin or his successor might not respect as much. (Trump is all in favor of binding people other than himself.)

Now, I don't know how likely this is to actually change Trump's mind. His Ukraine-related statements over the past few weeks consistently support Russian talking points, and seem calculated to provide an excuse to actively support Russia against Ukraine. If he's committed to do that, he's probably going to do that. But Zelensky has little to lose by at least trying an approach like this.
hudebnik: (Default)
2025-03-03 07:53 am
Entry tags:

I don’t understand Trumpian economics…

From this NY Times article ,

“Peter Navarro, the senior counselor for trade and manufacturing, said in a call with reporters Friday that “disastrous” timber and lumber policies “drive up construction and housing costs and impoverish America through large trade deficits that results from exporters like Canada, Germany and Brazil dumping lumber” into the U.S. market.”

Wait: if Canada, Germany, and Brazil are “dumping” lumber on the US market, wouldn’t that drive construction and housing prices down, not up? It might cost some US lumberjack jobs, in exchange for creating more US construction jobs. (Not to mention jobs making things that we export to Canada, Germany, and Brazil.)
hudebnik: (Default)
2025-03-02 08:47 am
Entry tags:

OK, I finally watched the Oval Office news conference

as posted by The Hill. It's 50 minutes long, and for most of it Zelensky carefully thanks the United States, and flatters Trump, and talks about the importance of strength and the United States's "best air defenses in the world" and the great potential for this deal. Of course, Zelensky doesn't flatter Trump as blatantly as the One America News reporter, or two other reporters who gave him softball questions inviting him to flatter himself. And Trump never misses an opportunity to flatter himself, brag about his landslide election victory, complain about the 'Russia, Russia, Russia democratic hoax", and blame the "incompetent", "stupid", "not respected" Joe Biden for everything that's gone wrong. Zelensky points out several times that Russia invaded his country, not the other way around, and Trump mostly overlooks that dissent from his story.

And then Zelensky contradicts Trump on a minor factual point -- no, Europe has not contributed less to Ukraine's defense than the US has. (Both Macron and Stermer, a few days earlier, had also contradicted him on the same factual point, as they both also contradicted his claim that the European aid was all loans while US aid has been "no strings attached". But he keeps saying both things; why change a good story to match the facts?) There's a moment of smiling "agree to disagree".

The important disagreement is about security guarantees. Zelensky points out Putin's long history of signing agreements and then breaking them, and Putin's officially stated position that Ukraine and the Ukrainian language don't exist, suggesting that any deal without security guarantees won't hold because Putin will just invade again. Trump's response (after flattering himself and insulting Joe Biden some more) is that Putin has never broken an agreement "with me, because he respects me".

A reporter from Poland asks whether US troops will remain in Poland and other parts of Eastern Europe, and Trump replies "I am absolutely committed to Poland"; on a followup question about the Baltics, he pauses for the moment before saying "the Baltics... well, that's a very difficult neighborhood too. But I am absolutely committed to NATO."

One off-topic question from a reporter is about Starmer being an unreliable negotiating partner because he's lying about the UK's treatment of online free speech by Americans. Rubio, Vance, and Trump all briefly criticize Starmer and the UK on this.

Another reporter question is about security for the American mineral companies that will be working in Ukraine, including parts of eastern Ukraine that are currently under Russian control. "Who will protect them?" Trump has no concern for their security, because once we've got a deal, that's the security; why would the Russians break a deal?

Vance gives the first real attack: he accuses Zelensky of "attacking" and "being disrespectful" and "not being thankful" to the US. Trump picks up on this, complaining that Zelensky is being terribly disrespectful to the US, that Ukraine doesn't hold any cards without the US, that his country is ruined and going to continue being ruined without our help, and he should be thankful for anything he can get. Zelensky quibbles with Vance's and Trump's characterizations, inviting them both to actually visit Ukraine and see that it's not totally destroyed, people are living their lives and defending their freedom. Trump says "As you can see, they have a lot of hatred for Putin, and it's not easy to make a deal when there's that kind of hatred, but let me tell you, the other side isn't exactly in love with him either." More abuse from Vance.

The last question, from a reporter with a Slavic accent, is "What if Russia breaks the ceasefire?" At this Trump loses patience and gets unhinged.

"What if anything? What if a bomb drops on your head right now? What if they broke it? I don't know, they broke it with Biden, because Biden, they didn't respect him. They didn't respect Obama. They respect me. Let me tell you, Putin went through a hell of a lot with me. He went through a phony witch-hunt, where they used him and Russia, Russia Russia Russia, you ever hear of that deal? That was a phony, Hunter Biden, Joe Biden scam. Hillary Clinton, Shifty Adam Schiff, it was a Democrat scam, and he had to go through that, and he did go through it. And we didn't end up in a war. And he went through it. He was accused of all that stuff, he had nothing to do with it, it came out of Hunter Biden's bathroom, it came out of Hunter Biden's bedroom, it was disgusting. And then they said 'Oh, oh, the laptop from hell, was made by Russia, the 51 agents', the whole thing was a scam, and he had to put up with that, he was being accused of all that stuff. All I can say is this: he might have broken deals with Obama, and Bush, and he might have broken them with Biden -- he did, maybe he did, I don't know what happened -- but he didn't break them with me. He wants to make a deal. I don't know if you can make a deal. The problem is, I've empowered you [looking at Zelensky] to be a tough guy, and I don't think you'd be a tough guy without the United States, and your people are very brave, but you're either gonna make a deal or we're out. And if we're out, you'll fight it out. I don't think it's gonna be pretty, but you'll fight it out. But you don't have the cards. But once we sign that deal, you're in a much better position. But you're not acting at all thankful, and that's not a nice thing. I'll be honest: that's not a nice thing."

Trump is convinced that he's playing with the big boys now, and they respect him as an equal, so they'll keep an agreement with him that they wouldn't keep with anybody else. Especially since Putin "went through a lot" with him. I'm not at all convinced that KGB-trained Vladimir Putin "respects" Donald Trump as anything more than a useful buffoon. And of course Putin didn't "have to go through" anything: nobody in Russia criticized him for interfering in the US Presidential election, because (a) of course he did, that's what he does, and (b) anybody in Russia who criticizes Putin for anything falls out of a skyscraper window or succumbs to a poisoned doorknob or something. But if Trump hadn't already viewed himself as "on Putin's side" after Putin helped him win the White House, the subsequent investigations of that sealed his loyalty to Putin.

So the message to Putin is "You can have Ukraine, and later you can have the Baltics, but you can't have Poland. I'll take Greenland and Canada. Have we got a deal?"
hudebnik: (Default)
2025-03-01 06:57 am
Entry tags:

You see someone trip and fall face-down.

Do you...

(a) ask whether the person is hurt, and offer a hand to help the person stand up,

(b) walk by on the other side of the street, not getting involved, or

(c) kneel on the person's back and whisper "How much will you pay me to let you up?"

For the past month, the United States has been loudly and conspicuously in the (b) category.

As of yesterday's show by the President and Vice President, the United States of America has officially moved on to (c). When we see someone in trouble, whom we could help at trivial cost, it's not an opportunity to help a fellow-creature, it's an opportunity to exploit weakness. The weaker someone is, the more we can extort.

President Zelensky has been offered two related deals in recent days. One says he should "make peace" with Russia by allowing Russia to keep all the land it's captured, with no guarantee that Russia won't invade again next year to capture some more. The other says he should give the United States a bunch of mineral rights, with no guarantee that the United States will help it defend itself, now or ever. To put it in terms Donald Trump would understand, "What's in it for me? Why would I take either of those deals?"

I guess the answer is "If you don't take the deal with Russia, they promise to keep killing your people and destroying your country. If you don't take the deal with me, I promise to cut off your military aid and make it easier for Russia."


I suspect that if Donald Trump read the above, he would agree completely that the United States has moved on to (c), and there's nothing wrong with that: what's the point of having power if you're not going to use it for your own benefit? Why would I help somebody who's not helping me? Trump sees himself as a Mafia Don, negotiating with his equals (mostly Putin and Xi) to carve up the rest of the world among them; why would he bother involving the NPC's in his negotiations, or help someone who's inevitably going to end up in Putin's slice of the pie anyway? Much smarter to extract as much as he can from a weak country before handing it over to Putin, just as he always extracts as much money as he can from a failing business before having it declare bankruptcy.

Traditional (20th-century) US foreign policy would say, instead, that we and all of our allies benefit from a rules-based international order, in which wars of territorial acquisition have been mostly consigned to history. So when somebody violates that rules-based international order by invading a neighbor, it's in the interest of us and all of our allies to punish the violator.

And most individuals would like to think of themselves as good, kind people in category (a); it's only at the national level that we're apparently willing to be Mafia-types offering protection rackets. What we want in a leader doesn't always match what we want in ourselves.

Which leads us back to different models of leadership. Confucius distinguished several kinds of kings: in order of desirability, the king who is respected, the king who is loved, the king who is feared, and the king who is pitied. Donald Trump has never aspired to be respected or loved, only feared.

To put it another way, people follow a leader voluntarily because the leader has a reputation for making good decisions that benefit the followers. For much of the 20th century, other countries followed the United States because it seemed to be doing mostly-good things, mostly-successfully, and its people seemed to be mostly happy and prosperous. By contrast, people obey a ruler because they'll be punished if they don't. Countries in the Russian orbit obey the Kremlin because if you step out of line, your infrastructure gets destroyed and your people slaughtered like Ukraine's.

The "rule by fear" approach is fragile: it makes people hate you, so if you stop punishing them for a moment, they start to doubt that you will, and they stop obeying you. So you have to find things to punish people for continually, even if most of them are obeying you; you have to constantly escalate the level of obedience and obeisance you demand, in order to justify maintaining your rule of fear.

By contrast, the "lead by example and competence" approach only requires that you do what was in your and your people's best interest anyway: have a decent, happy society and make decisions for it that actually work. (Not that that's easy, but it's a worthy challenge.)

Do you want your President to lead a country that leads much of the world, or rule a country that rules much of the world?