Impunity of the men on top?

July 12, 2018

The news has just announced that Alain Kaloyeros has been convicted on all counts. What he was convicted of doing was steering contracts to friends/supporters of Andrew Cuomo. That’s infuriating. Did Cuomo favor projects that went to his friends? That would have put everyone in a position where they had to break the law to be treated decently by the governor. And of course someone else gets the rap. I’m disgusted.

By the way, did the same thing happen when Trump removed Preet Bharara as the United States Attorney for the Southern District of New York? Since shortly after he was dismissed, we have heard nothing more about Bharara’s investigation of Fox. Coincidence? A subsequent US Attorney understanding who butters his bread? Or was he appointed because he and Trump had an understanding?

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Stop Dumping All the Risks on Blue Collar Workers

June 5, 2018

I have been thinking about all the blue-collar workers who believed that Donald Trump would do a great deal for them.

We often talk about the risks that entrepreneurs face but capitalism does its best to outsource risk to blue-collar workers. If there are environmental problems, poisons in the air or water, blue-collar workers and their children will be the first to become sick – they are the canaries in the coal mines. But the irony is that they are also the first to be affected by any attempt to remedy the situation. Prohibitions may force their workplaces to shut down or lay them off.

Liberals often respond by saying that new methods will create jobs. But blue-collar workers have good reason to assume that any jobs created will probably be for other people. Liberals also argue that the proper method for creating jobs is with public works, renovating American infrastructure, etc. But who’ll get the infrastructure jobs? And even more important, no one has been able to promise those jobs. Obama tried but Congress blocked much of what he wanted to do. Trump promised a huge infrastructure program but he put it in the budgets of the states, not his own budget. In effect American politics has not been able to deliver on that jobs promise for the people whose jobs are at risk.

Other relief programs are more automatic: Except for Puerto Rico, we regularly protect people flooded by major storms even when they should have known better than to build on flood plains. The farm program, whatever its shortcomings, protects farmers with formulas that can be calculated in advance. Unemployment insurance is statutory but often grossly inadequate. Social security and Medicare have been reliable though they have become political footballs. Obamacare still exists despite Republican attempts to kill it. But you can’t feed and house a family on medical care. The earned income tax credit comes annually after April 15.

All of this suggests political winners and losers – we like some folks and we don’t trust others with whatever we might do for them. Government has not been willing to become the employer of last resort, so that there are always jobs and wages, although some candidates are urging it now. A negative income tax has been deemed too expensive. And Trump has spent huge tax dollars on enriching the super rich instead of reducing or eliminating the payroll tax in order to encourage hiring more workers for jobs that pay well. There’s lots that could be done if we have the will.

The result is that our political system has not been willing to care for workers. They are not the only ones our politics has left to hang in the breeze. Our unwillingness to insist on decent, honest and ethical behavior for everything from payday lending to mortgage loans, from manufacturing to toxic waste, leaves masses of people at risk, unable to protect themselves or their families.

We need statutes that protect all workers when employers reduce their workforce. Protections need to be reliable so that people don’t have to fear for their jobs when they demand safe working conditions and decent contractual terms that don’t shift all the risks to the people who are most vulnerable and least able to protect themselves. We need reliable worker protection so that people needn’t fear for their jobs when we demand safe products and safe byproducts of business activity. We need to rethink how we protect American workers so that they don’t become the losers whenever we try to improve the American environment and working conditions for everyone.

— This commentary posted by WAMC on their website on June 5, 2018 but the audio was pre-empted by the Pledge Drive. It was broadcast in its usual spot the following week on WAMC Northeast Report, June 12, 2018.


Workers’ Rights Dishonored Again by the Supreme Court’s Conservative Majority

May 29, 2018

Once again, President Trump’s nominee to the Supreme Court demonstrates the Court’s and the president’s hostility to worker rights. In cases testing whether companies can require their employees to sign agreements that abandon any right to go to court or bring class actions, Gorsuch’s opinion for the Court sides with the companies. That prevents employees from pooling their resources when contemplating expensive litigation.

The Norris-LaGuardia Act, passed in 1932, protects workers’ right to collective action on labor issues:

the individual unorganized worker is commonly helpless to exercise actual liberty of contract . . . , wherefore, . . . it is necessary . . . that he shall be free from the interference, restraint, or coercion of employers . . . in … concerted activities for … mutual aid or protection . . . .

The National Labor Relations Act, passed and signed in 1937, reaffirms that

[e]mployees shall have the right . . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Both statutes were passed with the understanding that “the individual unorganized worker is commonly helpless” against employers. But the Court held that the Federal Arbitration Act, passed and signed in 1925, protects arbitration agreements. Usually, later statutes are held to overrule or limit earlier ones, not the other way around. So the Court decided that the later statute didn’t mean to limit the Arbitration Act. Of course, Gorsuch and the Court didn’t and couldn’t know that. What they threw at us was pure preference – anything that helps companies against their employees fits their labor policy. Gorsuch and this Court doesn’t read the law, as they like to claim; they make it. And they have been consistently turning against workers’ rights.

There was a time in this country when workers were completely dependent on their employers. They were required to live in company homes, buy from company stores, and were paid in scrip that was only honored by the company. Thus any attempt to leave left employees bereft of everything.

This Court will not be satisfied until workers have to sign away their right to seek better jobs, leave town, or buy their goods anywhere but the company store. There is a term for that, serfdom, and it is still practiced in some countries. When the Tsar of Russia freed the Russian serfs, the change there rivaled the end of slavery here. We needn’t go into all the other rights that serfdom gave the masters, like the right to violate the women. Serfdom stank. The claim that employers can get anything they want by putting it into a contract shreds all our rights.

We’ve been seeing that lately in the sexual abuse claims that have been made since the Harvey Weinstein revelations. Employers didn’t put those claims into the contracts but their right to reject applicants or fire people at will worked for a long time.

Law exists to protect people – except that the U.S. Supreme Court with Gorsuch solidifying its position doesn’t think ordinary people deserve any rights. In my view, it’s the Court that deserves none.

— This commentary was broadcast on WAMC Northeast Report, May 29, 2018.


Are We Overplaying Our Hand?

May 29, 2018

I’ve tried to state these comments not in all or nothing terms but in more realistic degrees. My question is what happens to the extent that a country overplays its hand?

That the U.S. pulled out from the nuclear agreement with Iran, China, France, Russia, the United Kingdom, Germany and the United Nations Security Council means, first, that the U.S. will surrender some commerce and trade to Iran’s other trading partners and that some of the others will move to fill some of the gap. If the U.S. tries to assert secondary sanctions against companies based abroad that trade with Iran, that will certainly offend others of our trading partners, including the E.U. and its members. They are likely to conclude that they cannot allow the U.S. to determine their trading practices and rules. If so, they can look elsewhere. Some companies can decide that trade with the U.S. is unpredictable and decide to scale it back. In other words, one consequence of the pull out can be that the U.S. becomes a smaller, less attractive country to trade with and a less powerful international voice. We may want to isolate Iran but we might increase our own isolation instead.

I objected to the arbitration provisions of the Trans-Pacific Partnership because it gave too much power to corporations to free themselves from labor and environmental regulation – grounds of little interest to the Trump Administration. But when the U.S. pulled out of the Trans-Pacific Partnership, China stepped up to fill the vacuum. That’s a real cost that could have benefitted from continuing diplomacy rather than precipitate withdrawal. Insisting on having our own way can leave us celebrating our purity of principle but also isolated and irrelevant. And to the extent other countries can’t trust American politics and reach agreements with the U.S., America’s power and influence shrink.

Democracy generally depends on compromise. When people refuse to compromise, they lose the ability to reach a policy that the country can pursue successfully. We pursued a policy of containing communist countries for more than 50 years and it succeeded because the two parties preferred to work together than make a political issue out of that strategy. Republicans like to credit Reagan, but it was initiated under Truman, in line with the recommendations of George Kennan, and followed by Eisenhower, Kennedy, Johnson, Nixon, Ford, Carter, Reagan and Bush – presidents from both parties. These men were too wise and honorable to follow or reject policies because someone else started it. The ability to reach a consensus across party lines meant that it was stronger than party and America was strengthened as a result.

Some people who portray themselves as patriots want the U.S. to act independently of what other countries and international organizations want. But it’s questionable whether that’s actually patriotic because ignoring real world constraints runs us up against walls of resistance and sacrifices too much. The U.S. has about 1/23 of the world’s population. Running the other 22/23rds by sanctions, threats and intimidation is a heavy lift, likely to backfire. Wisdom comes harder. But it is important.

  • This commentary was broadcast on WAMC Northeast Report, May 22, 2018.

Realism in Foreign Policy

May 29, 2018

May I have the luxury of going back to basics?

It’s important to understand the different dynamics of foreign policy. Countries often see foreign affairs through the lens of the balance of power. If the balance gets out of whack, conquest is likely, further upsetting a regional balance.

Balance of power thinking can be important but we often miss the complexities. Seeing communist states only as Red blinded us to the hostilities between Vietnam and its larger neighbors. Whether or not we could have defeated Vietnam, we never had to fight them to protect our own interests. In fact, the war in Vietnam was a great gift to China much as the war in Iraq was a gift to Iran.

Before the first Gulf War, Iran and Iraq balanced each other in the region. And Iran and Israel had a decent working relationship. It was true that Ahmadinejad said some hateful things, but both countries understood that public language between countries often had little to do with their actual policies. In that case, Shi’a Iran was trying to suppress the potential enmity between it and its Sunni neighbors. But that was largely confined to talk.

When the U.S. defeated Iraq, it upset the regional balance of power in Iran’s favor. Israel then surprised everyone by screaming about the danger of Iran. Cooperation no longer mattered. Iran was large, without significant local enemies. And Israel wanted the U.S. to need Israel as its regional agent. Friendship between Iran and the U.S. made Israel less important. Woops. For all its bluster, that made Israel feel both vulnerable and reckless. Ironically, power is often greatest before it’s exercised, and Iran’s clerics actually had a broader view of Iranian interests, but the U.S. refused to discuss it with them.

Ideological rivalry was the major dynamic of the cold war. We built radio towers and beamed broadcasts into the Soviet Union and Eastern Europe. Unscrupulous politicians can use ideological and ethnic divides to stir up trouble. Ideological unity can hold people together. But like the balance of power, ideological unity is fragile, and keeps changing. In the Middle East, before Trump, we largely tried to balance the ideological power of Islam with a commitment to democratic revolution and to Israel. But we’ve always limited our commitment to democracy by our own economic preferences, leading others to perceive us as hypocritical.

The European Union reflected a third approach. France and Germany fought a succession of brutal wars culminating in World War II in which France was overrun and which made refugees of a large portion of the continental population. In response, after the war, statemen in Europe brought the two countries and others in Europe together in a customs union which united former adversaries and built a sense of unity among them. The E.U. gave America the blessing of a powerful ally plus the freedom not to worry about divisions among the countries of western Europe. A declining E. U. also weakens American power.

Rock, paper, scissors? Nothing is pure or stable. Thinking about foreign affairs in terms of a single demand, issue or policy while ignoring everything else is equivalent to an infant’s temper tantrum. Thinking about Iran as if all we need to know is its clerical ideology, as if that can be simplistically defined as an axis of evil, is an invitation to disaster.

— This commentary was broadcast on WAMC Northeast Report, May 15, 2018.

 


The Central Issue of Trump

March 20, 2018

Trump says and does so many things which are parts of much bigger issues, that it’s nearly impossible to keep up.

  • He has us discussing whether he’s going to fire one guy or the other, who does or doesn’t deserve to go;
  • Whether Trump will make war or peace and what country deserves our friendship or enmity;
  • Whether we will honor or dishonor treaties that he claims other countries violate, though no one else shares that view;
  • Whether he has a policy about infrastructure based on his saying things should be built or does not have a policy based on the empty line in his budget;
  • Whether he has conspired with an enemy of the United States, and whether the Special Counsel’s investigation should be shut down because he tells us that he did nothing that should be investigated, and whether it matters that he didn’t give Hillary that privilege.

It makes the head spin.

We’re heading in just a few years to an economy in which most of us won’t have steady jobs, pensions or unions to support us. Instead it’s everyone for himself all the time in the gig economy. Republicans insist that government and regulation are almost always bad. Who’s left to have our interests at heart? Reminds me of pastor Martin Niemöller on being sent to the concentration camps by the Nazis, “Then they came for me—and there was no one left to speak for me.” Is Trump for or against the workers when he says nothing about union rights and supports no change in working conditions other than tariffs for a couple of industries. And is Trump for or against a livable environment when he takes every possible action to degrade the earth, air and water?

We have been at war since 2003 but what do we have to show for it but body bags and amputees. Will Trump send more troops to die in the Middle East, or is he just bluffing to make people back down? But attempted bluffing will be ignored by people across the globe who have all lost confidence in what he tells us because we need only wait a short while for him to say the opposite.

Trump wants the Special Prosecutor, Robert Mueller, to stop investigating whether Trump or his campaign collaborated with the Russians in order to win the White House, or wants to fire Mueller and hire someone else who will close the investigation? Does it matter whether criminal defense lawyers may want their accused clients to have a right to choose their prosecutors and put a time limit on investigations, especially for such difficult prosecutions as those of organized crime, corporate finagling and international financial transactions. Can they cite the president for that right?

It’s enough to make one’s head spin. But there’s a way to simplify it. Forget all the separate issues until we have a president that actually cares about them, and focus on impeachment. Every one of those issues bears on impeachment, either because they relate to obstruction of justice, selling America out, self-dealing in foreign affairs or rewarding his favorite autocrats and wealthy friends at the expense of the people he swore to protect. His high crimes and misdemeanors easily exceed what Clinton was impeached over, threaten more damage to the republic than the misbehavior for which Andrew Johnson was impeached, and for which Richard Nixon resigned before the House could vote on articles of impeachment. Bring all these issues back to the fundamental question of impeachment. Dirty Donald, lock him up.

— This commentary was broadcast on WAMC Northeast Report, March 20, 2018.


The Economy and Those Left Behind

March 15, 2018

President Obama brought the economy back since the 2008 crash, and it grows steadily. But the rising tide didn’t lift all boats. Places like West Virginia, heavily dependent on coal mining, were left behind. I’ve taught there, knew coal mining families, shared a hospital room with one and a lovely boy in elementary school who obviously had very good taste took a shine to our daughter. I have very warm feelings about the state and am quite sympathetic.

But everything moves on. Since we lived there, coal has been reeling from competition with new forms of energy, competition from China, conversions from coal fired furnaces, and competing objectives that couldn’t be wished away, like cleaner air. China sells coal rather than burn it. So there’s little left for coal other than pandering to people with impossible dreams about irreversible changes.

Steel has become very specialized. We still produce but not all needed varieties. And production is much more automated, needing fewer, and different workers from the historical steelworker. Some steel producing communities, like Pittsburgh and Cleveland, have revived. But many capable people haven’t found comparable work in new and different industries.

They deserve consideration. Capitalism throws people away in the name of progress like so much garbage when their jobs disappear. People talk about risk as if it’s what entrepreneurs have. Actually, capitalism puts as much risk on workers, consumers and home buyers as legally possible, on those who had no responsibility for corporate failures, or the catastrophe of 2008, while it protects the financiers and CEOs. People we sometimes call average Americans or little people (regardless of their physical size) take it on the chin so that we can protect the people with the money, lawyers and control to protect themselves. American workers deserve our support.

But how? Many ideas are capable of relieving some of the distress but few will solve the problem. Trump’s tariffs on steel and aluminum will make former factory families feel taken care of. But as many economists have been pointing out, tariffs can do a lot of harm.

Education and retraining help some but it’s particularly hard for older workers to take advantage of the opportunities, often in distant places. Internet access connects some workers to distant jobs. Efforts to bring jobs to people are often based on wishful thinking – the casinos already seem to be turning into boondoggles. Some people come home for weekends from distant jobs but that’s hard to scale up without much better mass transit. Government sometimes puts programs or office buildings where they will strengthen the local economy like New York did some years ago in Harlem. Meanwhile infrastructure remains talked about and unfunded.

There are ways we can help share the wealth and should. We have to expect some good ideas to fail and some bad ones to succeed. I suspect that Trump’s tariffs will sound much better to the unemployed than what they will produce, and I think there are better solutions that a sympathetic government could develop. But yes, we should be helping.

— This commentary was broadcast on WAMC Northeast Report, March 13, 2018.


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