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.

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Trump’s Tax Returns

October 4, 2016

Let’s talk about Trump’s secrets, what he doesn’t want us to know about. Not secrets that may not exist – like his secret plans to deal with ISIS, North Korea or unemployment. Those might be secret as he claims because there’s a problem in revealing them. Or they might be secret because there’s nothing to reveal, they don’t really exist – but calling them secret makes it sound OK. No I mean secrets we can be quite sure really do exist – his tax returns.

The Federal Rules of Civil Procedure suggest what we can infer from his absent tax returns – returns filed by many honest presidential candidates, Hillary Clinton included. Federal Rule 37 (b) is titled “Failure to Comply with a Court Order.” When a litigant doesn’t comply with an order to produce records, a federal court can effectively decide the case against the recalcitrant party, or, among other options [quote]:

(i) direct[] that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;

(ii) prohibit[] the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence

Let’s put that in English. A Court may order that failure to produce evidence is an admission that the facts are what the other party says they are.

So by this standard what can we assume that the failure to release his returns means?

The New York Times noted that: “He is running for the White House partly as a business wizard,” and asked “is he really as rich and talented as he boasts?” Mr. Trump’s tax returns might disclose that he is bankrupt, far from the billionaire he claims to be, that, contrary to his chest pounding assertions, Mr. Trump is a financial fool with little to show for his shenanigans. Is it fair to take that as proven by the standards courts use for undisclosed evidence?

The New York Times asked: “Has he truly no conflicts of interest in Russia, whose computer hackers he has bizarrely invited to spy on Hillary Clinton, his campaign rival?” And Media Matters adds that Mr. Trump’s tax returns “could show Trump’s ties to Russia.” They could show that Russia is bankrolling his campaign, that Trump has an enormous conflict of interest in his dealings with a foreign adversary. Indeed, would they show that Trump is disloyal, a Russian agent? Is it fair to take that as proven by the standards courts use for undisclosed evidence?

They might disclose that Mr. Trump has defrauded many other people by misrepresenting his assets. Is it fair to take that as proven by the standards courts use for undisclosed evidence?

They might disclose that Mr. Trump has failed to pay his taxes, engaged in tax fraud, pays less than Hillary does or that he has parked his money abroad. Is it fair to take that as proven by the standards courts use for undisclosed evidence?

They almost surely will disclose that he has a secret he doesn’t want us to know because it will destroy his public image and his claim to people’s votes in November.

Trump’s failure to produce his tax returns is not the minor side-show he tries to make it. It gets to the fundamental fact that he is all sound and fury, a loudmouth, with nothing to offer, nothing to sell but empty boasts.

Or should we use his language and start talking about “crooked” Donald?

— This commentary was broadcast on WAMC Northeast Report, October 4, 2016.


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