Tag Archives: Hatch Act

Trump’s Empty Threats

At least once a day–and sometimes more often– Donald Trump reminds us that he is an idiot.

Most recently, he displayed his ignorance of economics by imposing new tariffs on China, and then confidently asserting that China was paying them. Since his massive ego doesn’t allow him to learn from anyone–not even the third-rater “experts” with whom he has surrounded himself and who (dim as some of them are) still know far more than he does–he doesn’t understand that tariffs are essentially a tax on American consumers. (His steel tariffs alone have raised the price of washers and driers by more than $100 each.)

Not too long ago, Trump issued what he clearly thought was an oh-so-clever threat to those evil “sanctuary cities.” He proposed to resettle immigrants exclusively in those cities, an idea that the Brookings Institution called “part and parcel of the president’s approach to immigration, an issue on which he has always maintained a tenuous relationship to reality.”

Tenuous indeed.

He has apparently abandoned the threat, clearly puzzled by the lack of concern expressed by those he’d threatened. (Actually, “bring it on” is more than a lack of concern…)

In Trump’s view, sending immigrants to sanctuary cities is a way to punish those Democrats unwilling to “change our very dangerous immigration laws.” In the president’s eyes, because illegal immigration is so appalling to him, it must be appalling to everyone, and the transfer of refugees seeking asylum to sanctuary cities will turn voters against pro-immigration reform Democrats.

The president’s aborted plan for sanctuary cities is emblematic of everything that is wrong with his approach to immigration. Even if the claim that a disproportionate number of immigrants are criminals were true (it is not), the obvious problem with his plan is that there is nothing to guarantee that all these “bad actors” would stay in these Democratic strongholds. Once there, they might just move to places where large proportions of Trump voters and supporters live, and data the Washington Post obtained on a small sample of recent immigrants shows that occurring.

The Brookings article also noted that implementing this cockamamie policy (my terminology, not theirs) would require numerous violations of the laws, beginning but not ending with the Hatch Act.

Think of it this way: what if a Democratic president decided that Republican states who had voted against him or her on the basis of opposition to welfare programs should not get food stamps. There would obviously be howls of opposition if deep-red states were systematically deprived of federal funds, raising concerns about political abuse of power and a subjugation of Congressional intent in appropriations.

Trump constantly demonstrates that he doesn’t understand law–not only is he ignorant of specific rules that most Americans know, he clearly doesn’t understand the role of law in governance generally. (Granted, he also doesn’t understand governance…or really, much else.)

It isn’t just the legal framework that eludes him. He is also blissfully fact-free. As the Brookings analysis explains:

 As of the halfway mark of the fiscal year, 190,000 people have been apprehended in family units—almost a four-fold increase over last year. They currently make up the majority of all border apprehensions.

What would be the impact of relocating those asylum-seekers? There are eight states that have designated themselves sanctuary states (California, Colorado, Illinois, Massachusetts, New Jersey, New Mexico, Oregon, and Vermont) totaling a population of 80.23 million. In addition, there are another 87 counties and municipalities outside of those eight states that have designated themselves sanctuary jurisdictions, with a population totaling 39.71 million. Thus, the total population living in areas designated as sanctuary jurisdictions totals 119.94 million people.

The president believes the transfer of asylum-seekers to sanctuary jurisdictions would put such an undue burden on those local governments and populations that the people would rise up against their governments’ embrace of sanctuary status. In reality, however,… all families apprehended so far this year total an equivalent of .016 percent of the population of those sanctuary jurisdictions. Put differently, if those asylum-seekers were spread across sanctuary jurisdictions according to population, those jurisdictions would receive 16 asylum-seekers per 10,000 residents.

Hardly an unsupportable burden, even if asylum-seekers were the unproductive drains on local economies that Trump insists they are. But of course, he’s wrong about that too.

In 2017, researchers in the Department of Health and Human Services conducted an analysis of the economic impact of refugees, a very similar population to asylum-seekers. They found that in a 10-year period, they contributed $63 billion more in government revenues than they cost.

The administration rejected the report, because facts aren’t their thing.

America’s Oval Office is currently occupied by an incredibly uninformed (and embarrassingly stupid) raving bigot. If the (misspelled and ungrammatical) comments his supporters post to this and other blogs are any indication, they share those characteristics.

It explains a lot.

 

Comey, Continued….

Yesterday, while editing an post that I intended to send out this morning. I inadvertently hit “publish” rather than “save,” so subscribers received an extra transmittal yesterday.

Sorry about that! But let’s continue that discussion….

I don’t know what the effect of Comey’s actions will be on the election; we still have 8 days, and given the magnitude of the criticism he has received, perhaps he will clarify or otherwise clean up his mess prior to election day. There is speculation that his action will generate more enthusiasm and higher turnout among Trump voters, but it is also possible that anger at what will seem to many Democrats a “dirty trick” will motivate Clinton voters.

My own concern is the potential effect on the down-ticket races. Who knows? We’re in uncharted waters here.

That said, let’s revisit the ethics of Comey’s action.

letter in yesterday’s New York Times addressing that issue deserves broad readership. It was from Richard W. Painter, currently a professor at the University of Minnesota Law School, who formerly served as the chief White House ethics lawyer from 2005 to 2007, during George W. Bush’s administration.

Mr. Painter has filed a complaint against the F.B.I. with the Office of Special Counsel, which investigates Hatch Act violations.

The opening paragraphs of his letter explain the reasons for the rules that are in place–the rules Comey disregarded.

The F.B.I. is currently investigating the hacking of Americans’ computers by foreign governments. Russia is a prime suspect.

Imagine a possible connection between a candidate for president in the United States and the Russian computer hacking. Imagine the candidate has business dealings in Russia, and has publicly encouraged the Russians to hack the email of his opponent and her associates.

It would not be surprising for the F.B.I. to include this candidate and his campaign staff in its confidential investigation of Russian computer hacking.

But it would be highly improper, and an abuse of power, for the F.B.I. to conduct such an investigation in the public eye, particularly on the eve of the election. It would be an abuse of power for the director of the F.B.I., absent compelling circumstances, to notify members of Congress from the party opposing the candidate that the candidate or his associates were under investigation. It would be an abuse of power if F.B.I. agents went so far as to obtain a search warrant and raid the candidate’s office tower, hauling out boxes of documents and computers in front of television cameras.

The F.B.I.’s job is to investigate, not to influence the outcome of an election.

The letter deserves to be read in its entirety, but here is Painter’s conclusion.

Absent extraordinary circumstances that might justify it, a public communication about a pending F.B.I. investigation involving a candidate for public office that is made on the eve of an election is thus very likely to be a violation of the Hatch Act and a misuse of an official position. Serious questions also arise under lawyers’ professional conduct rules that require prosecutors to avoid excessive publicity and unnecessary statements that could cause public condemnation even of people who have been accused of a crime, not to mention people like Mrs. Clinton, who have never been charged with a crime.

This is no trivial matter. We cannot allow F.B.I. or Justice Department officials to unnecessarily publicize pending investigations concerning candidates of either party while an election is underway. That is an abuse of power. Allowing such a precedent to stand will invite more, and even worse, abuses of power in the future.