Bob Schwartz

Category: Government

The News and the Wheel

The Wheel - Jerry Garcia

The wheel is turning
and you can’t slow down
You can’t let go
and you can’t hold on
You can’t go back
and you can’t stand still
If the thunder don’t get you
then the lightning will

The Wheel
Jerry Garcia

If you are still listening to, watching, or reading the news, oh boy. If the world seems out of balance, that’s not just the news talking. That’s the way it is.

Thousands of U.S. troops sent to fight Ebola. No troops but planes and bombs to fight thuggish madmen disguised as religious fanatics whose organizational name we can’t keep straight. Honored gladiators beating their wives and children. Police shooting the people they are sworn to protect. The most powerful legislature in the world doing nothing when something is called for, something when nothing is called for, and blabbering on when silence is golden. Rampant use of destructive drugs, demonizing of less destructive drugs. Speaking of drugs, powerful pharmaceuticals interrupting your entertainment with the news that they can cure you, but may also kill you, harshly and slowly. And that’s just for starters.

Every time that wheel turn round
bound to cover just a little more ground

Won’t you try just a little bit harder
Couldn’t you try just a little bit more?
Won’t you try just a little bit harder?
Couldn’t you try just a little bit more?

Breathe. If it seems like madness, that’s because it is. But it’s our madness and we just have to live with it. Being strong and smart will move us forward, but it’s never enough. Being strong and smart will not, for example, cure our madness, and like those very high-tech pharmaceutical drugs, can do more harm than good. Misplaced confidence in our strength and our brains is like putting a thumb on the scale. Which is no way to get in balance.

We Are at War with ISIL but Not at War with ISIS

We are at war with ISIL, the White House has just announced. But only yesterday, Secretary of State John Kerry said we are not at war with ISIS.

As mentioned previously there seems to be some confusion about what to call this entity: ISIS, ISIL, or Islamic State.

And that explains it. President Obama is talking about one enemy. John Kerry is talking about another. That is, we are at war with one but not the other.

Seriously, not being able to decide on what to call an enemy is not unimportant. But it pales beside not being clear, within the administration, about whether this is war. And then trying to reconcile it by saying that whether you call it war or not is splitting semantic and legal hairs.

The White House would have been better off pleading confusion about which names the President and the Secretary of State were using.

There is something deeper in this talk about war. The explanation by the White House is that it is just like the “war” against al-Qaeda. There is no mention of the War on Terror, the War on Drugs, or other quasi-metaphorical wars. It isn’t that we haven’t had military conflicts with non-state actors. And Obama was clear in his big speech about the maybe-war: “ISIL is certainly not a state.” It’s just that whenever we do have stateless enemies, things get very confused and confusing.

If you don’t believe me, read our history. Or just watch and wait.

Obama Speech: Is It ISIS, ISIL or IS, and What is a True Religion?

Obama ISIS Speech

This is not a comprehensive review of last night’s speech by President Obama about ISIS/ISIL/IS. But if you asked me to join the millions of reviewers, descriptors that come to mind are lukewarm, vague, uninspiring, insufficiently informative, tactical (the speech, not the plan), and blah-blah-blah.

Here is one paragraph that stuck out, because it reflects two issues that may not get enough attention:

And one of those groups is ISIL — which calls itself the “Islamic State.”

Now let’s make two things clear: ISIL is not “Islamic.” No religion condones the killing of innocents. And the vast majority of ISIL’s victims have been Muslim. And ISIL is certainly not a state. It was formerly al Qaeda’s affiliate in Iraq, and has taken advantage of sectarian strife and Syria’s civil war to gain territory on both sides of the Iraq-Syrian border. It is recognized by no government, nor by the people it subjugates. ISIL is a terrorist organization, pure and simple. And it has no vision other than the slaughter of all who stand in its way.

What Is the Name of This Enterprise That We Are at War Against?

Is it ISIS, ISIL, or Islamic State? This is much more significant than whether the English transliteration of the name of the Egyptian President was Morsy, Morsi, or Mursi or the Libyan dictator was Gadhafi, Qaddafi, Kadafi, Gaddafi, or Gadafy. This is our new mortal enemy, and besides, all these IS names are in English.

Different nations and different news media have different approaches to this. The BBC, for example, has settled on Islamic State, apparently opting for whatever the organization chooses to call itself. What is totally strange about the “official” U.S. nomenclature is that at the highest levels, there is no consistency. The President prefers ISIL, while those in his cabinet regularly use ISIS.

One small matter about ISIL does deserve note. The full name is the Islamic State in Syria and the Levant. I challenge many in the administration, and many in Congress, and many in the media, to explain—without Google or cheat sheet—what the Levant is. For five hundred years or so it has described the land of the eastern Mediterranean, now roughly comprising Syria, Lebanon, Israel, and contiguous countries. The word comes from the French word for “rising”, as in the east where the sun rises. It isn’t much in use any more, outside of scholarly circles and, of course, in our latest war.

So please, President Obama, if you are gathering the support of dozens of nations and hundreds of millions of Americans, let’s all decide on what to call this organization that, in the words of Vice President Joe Biden, we will pursue to the Gates of Hell.

What is a True Religion?

“No religion condones the killing of innocents,” the President said. Without going into historic and contemporary detail, this is patently false. I believe the President knows better, but he didn’t want to get into a deep discussion, and instead just wanted to make a rhetorical flourish. If he doesn’t know, there are thousands of histories he can read and scholars he can consult, or even easier, news reports from the past few weeks, months, and years he can read.

If, however, he really did mean it, he has disqualified the majority of world religions from being classified as such. Which, by the way, plenty of critics of religion would applaud.

The President doesn’t have to be the Teacher in Chief, the Scholar in Chief, the Explainer in Chief, etc. Being Communicator in Chief is enough of a job, but if he just wants to say stuff for effect, without regard to its making sense or being true, we’ve already had plenty of that in years past, from those less smart or thoughtful than you. We get enough nonsense from many in Congress. Speak as if some of us are actually thinking about what you say. Because some of us are.

The Abstract Perpetual War Is Real

Rome

Consider this: If you have a child or grandchild age 12 or younger, they have lived their lives with America at war.

And this: In six years that child will be old enough for military service, but will not necessarily have to serve because we have no mandatory universal service. So even if we are still at war, that child is probably not at risk.

And this: Why don’t we have mandatory universal service, especially if we are in perpetual war? Do we have perpetual war because we don’t have mandatory universal service?

Michael Auslin, a Resident Scholar at the American Enterprise Institute, has a fascinating piece in Politico about the prospect of a perpetual war footing, Don’t Do As the Romans Did… His politics may not be yours, but his analysis is compelling and worth reading in its entirety:

For Washington, which has already spent at least $2 trillion on relatively limited wars in Iraq and Afghanistan, the prospect of decades more competition, deterrence and fighting at an unknown cost represents the greatest security challenge since the Cold War, and perhaps since World War II. It is just as much a domestic political issue, and will figure as prominently in the debates over the future direction of the country, as do the battles over Obamacare, the regulatory burden or the transformation of the economy. Yet so far, it does not seem that either the country’s political elites or ordinary citizens have fully appreciated both the scope and, more importantly, the nature of America’s new two-front conflict. They soon will, as the country’s economic health and domestic political stability will be directly affected by rising global risk. To quote Leon Trotsky, “You may not be interested in war, but war is interested in you.”

Americans must accept the fact that, while their country may not be engaged in daily fighting, neither will it know peace for the foreseeable future. The world will become far more insecure and unstable over the next decades, and the amorphous yet crucial idea of global “order” will be strained, perhaps to the breaking point.

America’s greatest strength is also its greatest weakness. The spirit of can-do, roll up your sleeves, and in the words of Larry the Cable Guy, “get ‘er done” is a model for the world. But a related failure to think things through, apply broad and deep vision, and act deliberately and more slowly, can neutralize or outweigh the benefits of that spirit.

Living in the moment, in the now, is a great way for people to not be mired in the mistakes of the past and not be intimidated by the hypothetical misfortunes of the future. That is, unfortunately, not a luxury that nations, particularly super powerful ones, have. When you can spend trillions of dollars of your citizens’ money, send thousands of citizens to their deaths, and have the potential to blow up cities and the whole world, we expect you to think twice or more before you roll up those sleeves and get ‘er done.

Do Something/Anything about ISIS? Would You Rather Have No Strategy or Bad Strategy?

Just Do It

President Obama candidly admitted that we have no strategy for dealing with ISIS, but that we are developing one.

Maybe too candid for the moment and his leadership position, but still a necessary truth. Necessary because no one on earth has a good strategy for dealing with that or the complex of situations around the world right now. For the religiously inclined, consider that Moses, Jesus, and Mohammed convening in the Situation Room would have a tough time figuring out what to do next, short of calling in the Big Gun and wiping the slate clean and starting again.

This hasn’t stopped Congress from urging a simple solution to this puzzle: do something/anything. This is an all-time irony, given that Congress is currently infamous for doing absolutely nothing, ever, no matter how important the problem and no matter how relatively simple the solution. If a number of the members had a sense of irony, we could all wryly laugh at this, except that their sense of irony is absent, along with a sense of duty, democracy, and Americanism (the real kind, not the fake). Some of these same members do seem to have a sense of justice, John Wayne frontier justice, which is unfortunately out of place in the liquid world of 2014 global politics and insurgency.

A few years ago, some thought that democracy would spread around the oppressed nations like an epidemic, like Arab Spring fever. But chaos is also an opportunistic contagion, and as those on one insurgent or imperialist front look at the other fronts multiplying, they see opportunity and seize it. It doesn’t help that the geography is claustrophobic. If you don’t know it, connect the dots from Iraq to Syria to Israel to Gaza to Egypt, Sudan, and Libya. And that’s just one pole of the current dynamic.

We have been tragically mistaken on strategy in the last three major American wars. One was an abject defeat, the other two—Iraq and Afghanistan—have sort of ended, with an indeterminate outcome, and withdrawal that may or may not last. Let’s pull back from partisan finger-pointing, and just admit that some situations—whether you choose to demur or however you choose to engage—may have outcomes, but may not have solutions.

You can be smart or stupid, fearless or timid, right or wrong, and you can still be overwhelmed by circumstances. That is, there is no “perfect” strategy, especially not with the way things are aligning. So no, you can’t wait for that perfect strategy. But you also shouldn’t rush in with the next idea that comes into your head, especially if that idea comes from some outdated playbook that has already proven itself ineffective in current realities.

“Just do it” sounds great, as long as you spend sufficient time really considering what “it” is and what the consequences and outcomes might be. Oh, and also, you might try being candid, as Obama has been, rather than making stuff up. Like about WMDs. Like about wars that will last weeks and cost nothing. Let’s leave that sort of unhelpful lying to fairy tale tellers like Vladimir Putin, who is not invading Ukraine, and to Putin’s admirers and portrait painters.

Hobby Lobby and Peyote

Peyote

Peyote is at the heart of today’s Supreme Court decision in the Hobby Lobby case.

Hobby Lobby does not sell peyote. When Hobby Lobby attends church, its religious practices don’t include eating peyote. Its Christian beliefs do include opposition to certain forms of contraception, and therefore it opposed having to provide health insurance under ACA that includes such contraception.

Hobby Lobby’s objections reached the Supreme Court. In today’s 5-4 decision, the Court found that the entity that is Hobby Lobby has a claim to religious freedom from that requirement, grounded in the First Amendment and in the Religious Freedom Restoration Act of 1993 (RFRA). And that is where peyote comes in.

This begins with the case of Employment Division, Department of Human Resources of Oregon vs. Smith (1990). Two employees of the State of Oregon were members of the Native American Church, and ingested peyote as a sacrament. They failed a drug test and were fired. The Supreme Court found that despite their claim of religious freedom, Oregon had the right to terminate them.

In response to this and other decisions, activists from the left and right, religiously and politically, came together to push for a legislative remedy. How universal was support for a fix? The House vote for RFRA was unanimous, the Senate 97-3, and President Clinton signed it.

More than twenty years later, what hath God and Congress and the Court wrought? Characterizing this new allowance for religious exceptions to laws as narrow seems wishful, hopeful, or just plain wrongheaded. There will be more attempts than before to see just how big this hole is and what sort of company policy vehicle can be driven through it on the basis of religious freedom.

Quite possibly, the next big test will be to see exactly what closely held companies that have religious objections will be permitted to do about homosexual employees. We have no federal law on employment discrimination against gay people, and in a country where we can’t even pass equal-pay for equal-work for women legislation, that isn’t likely any time soon.

God apparently doesn’t endorse IUDs but approves of peyote. His judgment on Hobby Lobby and the Supreme Court is still out.

Mississippi’s Existential Election

Mississippi Tourism Guide

The Republican primary runoff today between long-time U.S. Senator Thad Cochran and insurgent Tea Party candidate Chris McDaniel is a story of pragmatism clashing with political philosophy.

My love and appreciation of Mississippi is unbounded. My frustration at how it is misunderstood, mischaracterized, and disrespected is constant. But my sense of realism means saying this: Mississippi would not have survived and thrived as it has without generations of powerful U.S. Senators making sure that federal defense projects and other spending were directed its way. Mississippi is one of those states that receives much more in federal spending than it gives in taxes.

And that’s just fine. I have affection for the many states I’ve lived in, and recognize the distinctive value of each. Like a parent, I may not want to say that any of them is more or less deserving. Yet given a hard choice, I would choose to help Mississippi more than the others.

No doubt the anti-government, anti-earmarking tide is rising, and the Tea Party and Chris McDaniel are rising with it. But Thad Cochran, whose problems include his age and his supposed “liberalism”, has had to be pretty plain in pointing out that if re-elected, his seniority means that he will still be in a position to bring home the bacon for Mississippi. Maybe not as much as in years past, but still more than someone who is philosophically opposed to such spending, and who in any case would end up being one of the most junior Senators in the country.

And therein is the irony. If McDaniel wins the nomination, and if he wins the Senate seat, he can’t possibly serve the interests of his state by forcing it to go “cold turkey” without federal funds, as the Tea Party wants. Mississippi is wonderful and irreplaceable, and if there was any justice in the game of economic geography, it would be high on all the important rankings, rather than languishing at lower levels. It has been, and for the moment remains, a state in need.

There is no shame in that. If shame there is, it is in politicians who want to claim that Mississippi should just sink or swim because that’s what some abstract philosophy dictates. It may also be a shame that when push comes to shove, those same politicians may end up being hypocrites and opportunists. If and when they take office, they will face the existential question. Survival trumps philosophy, and in the case of Mississippi, it should.

VA Health Crisis: Listen to IAVA

VA IG Report

We should listen to the Iraq and Afghanistan Veterans of America about this VA health system crisis.

As the name implies, IAVA represents the latest generation of American war veterans. They are in some ways the most attuned to the current realities and sensibilities of veterans’ issues in 2014. Not because they have been around the longest, but because they are native to the way things work, or don’t, here in the early 21st century in America.

Those realities regarding the health care crisis in the VA are shocking to some, but come as no surprise to those who have watched it happening, including Congress (both parties) and the President.

Is it fixable? What won’t fix it is political posturing, handwringing, or even the delayed but imminent departure of VA Secretary Shinseki.

What will fix it? Good policy well executed, without excuses or cover up. The IAVA can help with that.

In the wake of yesterday’s Inspector General Report about the Phoenix VA health system, IAVA CEO and Founder Paul Rieckhoff said:

The new IG report on the Phoenix VA is damning and outrageous. It also reveals the need for a criminal investigation. Each day we learn how awful things are in Phoenix and across the country. The VA’s problems are broad and deep – and President Obama and his team haven’t demonstrated they can fix it. As one of only two combat veterans, Senator John McCain’s call for Secretary Shinseki’s resignation is particularly impactful…

Today’s report makes it painfully clear that the VA does not always have our veterans’ backs. Even before this report came out, IAVA members were losing confidence in Secretary Shinseki and President Obama. At Memorial Day events across the nation, our members voiced outrage, anger, and impatience at the growing VA scandal. This new report only increases the belief that the promise to veterans has been broken. We are sharing this report now with our members and seeking their reaction. In the coming days, we will share the voices of our members with the President, VA leaders and those in Congress.

In the IAVA 2014 Policy Agenda, the VA health system was just one of a number of initiatives offered for consideration. On that score, IAVA recommends this (excerpted):

I. Establish a Presidential Commission to end the VA claims backlog.

II. Transform the Veterans’ Benefits Administration’s (VBA) adversarial culture…

III. Reform VA’s work credit and productivity evaluation system for claims processor….

IV. Outline the VA’s responsibility about the requirements to substantiate a claim….

V. Adopt the “treating physician rule” for medical evaluations for compensation and pension…

VI. Require appeals form to be sent along with the Notice of Decision letters in order to expedite the appeals process.

VII. Evaluate the Segmented Lanes work initiative to continually assess whether it is meeting the goals of fast tracking…

VIII. Report the intake of new compensation and pension claims on the Monday Morning Workload Report.

IX. Report separated statistics on the intake and processing of supplemental and original claims in the Monday Morning Workload Report…

XIII. Continue to engage veteran stakeholders in updating the VA Schedule for Rating Disabilities (VASRD).

XIV. Require the VA to accept a PTSD diagnosis provided from a qualified private medical provider.

X. Establish a model to accurately project the claims workload and the resource and staffing requirements needed to meet the demand.

XI. Make all disability benefits questionnaires available to private medical providers.

XII. Simplify notification letters to provide easily digestible, specific and clear information about the reasons for rating decisions.

XV. Allow the VA to incentivize private medical providers to furnish medical health records to the VA for processing.

XVI. Clarify and report accuracy ratings for each regional VA….

This is an agenda, and if the President and the good people of Congress want to adjust or add, that is their prerogative and duty. But you have to start somewhere, with something on the table, and this is a good place for that. If these warriors are smart enough and capable enough and honorable enough to fight our wars, they are surely able to suggest the smart, honorable, and capable ways of treating them when those wars are over.

May Day, Mayday!

May Day

May 1 is a very busy day.

It has been for ages a celebration of spring, with traditions including dancing around the Maypole.

It is International Workers’ Day, a labor holiday around the world. The date was set to commemorate the tragic Haymarket Riot in Chicago in 1886.

In 1921, to neutralize the socialist/communist aspects, in America it became known as Loyalty Day (originally Americanization Day). Congress and President Eisenhower officially affirmed this in 1959 at the height of the Cold War.

In 1958 President Eisenhower declared May 1 to also be Law Day.

What’s sometimes overlooked is the coincidental similarity to the international radio distress call: Mayday! Mayday! This was reportedly first used in the 1920s by pilots in France. One story has it that it comes from the French “venez m’aidez” (come help me).

Is it just a coincidence? If you are a worker, or a lawyer, or someone who feels put upon by law or lawyers, or just about anybody feeling distressed on May 1, 2014, please feel free to say it loud. Though dancing helps too.

McCutcheon: Is This the Electoral Apocalypse? (Maybe Not)

SupremeCourtJustices_2012_032620121

Six months ago I wrote a post called The Man Who Could Kill Democracy about the case of McCutcheon v. Federal Election Commission. McCutcheon was asking the Supreme Court, on free speech grounds, to lift federal limits on aggregate campaign contributions. By a 5-4 decision, the Court today agreed.

In that post I wrote:

The First Amendment is central to American democracy, but it has never been absolute. It could be of course, and we would be free to destroy the reputations of others, or talk freely about overthrowing the government, or republish the words of others without penalty, or yell fire in that crowded theater. Instead, as an exercise in social priorities, we argue about balance, though sometimes the argument for the good of the many and “democracy” is cover for what’s good for me and mine.

Today’s decision finds that limits on what an individual can give to a single candidate is allowable under the First Amendment as a way to prevent corruption (that is, you shouldn’t massively buy a single election on a quid pro quo, one hand washing the other basis). But restrictions on what an individual may give in aggregate offends the First Amendment (that is, you are free to try to buy as many elections as your wealth allows).

The majority opinion of Justice Roberts was joined in by Justices Scalia, Kennedy and Alito; Justice Thomas concurred, but believes that all limits on campaign finance are impermissible under the First Amendment. Justice Breyer filed a dissent, in which Justices Ginzburg, Sotomayor, and Kagan joined.

Justice Breyer writes in his dissent:

Today a majority of the Court overrules this holding. It is wrong to do so. Its conclusion rests upon its own, not a record-based, view of the facts. Its legal analysis is faulty: It misconstrues the nature of the competing constitutional interests at stake. It understates the importance of protecting the political integrity of our governmental institutions. It creates a loophole that will allow a single individual to contribute millions of dollars to a political party or to a candidate’s campaign. Taken together with Citizens United v. Federal Election Comm’n, 558 U. S. 310 (2010), today’s decision eviscerates our Nation’s campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve.

So is this it, the electoral apocalypse? In the earlier post before the decision I wrote:

Get smart.
Vote.

Without casting aspersions too wide, it does seem that a number of Americans really don’t do their homework on public issues. As far as voting, our abysmal turnout numbers tell the tale. But if Americans did do their homework and did vote, we really could have a pragmatic, centrist, reasonable and successful country—instead of an extremist-obstructed one based more on blustery ideology and vaguely-veiled self-interest. We can hope.

That’s still it. If we have an aware, informed, moral, discerning electorate that votes, there is hope that in spite of McCutcheon (and Citizens United and whatever other shoes the Supreme Court has yet to drop), we can maintain what Justice Breyer calls “democratic legitimacy.” Without that, despite what Imagine Dragons sing, the apocalypse may not be followed by a new age, but by some back to the future America of the overpowered and the underpowered.

If you believe that America has a problem in any of those areas—awareness, information, morality, discernment, voting—then do whatever you can. Don’t blame nice Mr. McCutcheon, or nice Justices Roberts, Scalia, Kennedy, Alito, and Thomas (even if they are wrong). And if you are hand-wringing, which is admittedly hard to avoid, do it only for a moment; it is unattractive and useless. Then get busy.