Category Archives: Op-Eds

Bernie’s Bozo Boondoggle (or, How to Keep Low-Income Workers Unemployed)

IWW demonstration NY 1914.jpg
Public Domain, Link

On September 5, US Senator Bernie Sanders (I-VT) and US Representative Ro Khanna (D-CA) announced a new bill  intended to claw back $150 billion per year in public assistance costs as tax revenues. Because all laws must come with catchy acronyms these days, and because this one targets Amazon CEO Jeff Bezos, it’s called the Stop Bad Employers by Zeroing Out Subsidies — Stop BEZOS — Act.

According to the press release from Sanders’s Senate office, Stop BEZOS “aims to end corporate welfare by establishing a 100 percent tax on corporations with 500 or more employees equal to the amount of federal benefits received by their low-wage workers. For example, if a worker at Amazon receives $2,000 in food stamps, the corporation would be taxed $2,000 to cover that cost.”

Let’s consider the desired effect, and the more likely actual effects, of the Sanders/Khanna scheme.

The desired effect, of course, is that Amazon, Walmart, and other large employers will pay their workers “living wages” such that those workers needn’t turn to food stamps, subsidized housing, etc., to get by.

The more likely effect is that Amazon, Walmart, and other large employers will 1) speed up their adoption of labor-saving technologies such as robotics, and 2) change their hiring and employee policies.

Robots don’t need food stamps. Or housing. Or healthcare. Or public transit. They’ll work 24/7/365 without complaint, vacation or overtime pay. They don’t get mad and walk out. They seldom “call in sick.” And they’re already increasingly cost-competitive with even low-wage human labor.

Job applications will include questions like “do you receive any of the following forms of government assistance?” Applicants who answer “yes” won’t get interview callbacks. Employee policies will make it clear that accepting any of the tax-triggering programs will result in immediate termination.

Yes, those policies will reduce the pool of workers available to work for those companies. That might force wages up some. But it’s also likely to increase the length of time that people who NEED  government assistance CONTINUE to need that government assistance. Not because they don’t want to work, but because the wage deals they’re able to drive won’t exceed the lost benefit dollars.

If the programs in question are going to exist — as a libertarian I would prefer to see them phased out in favor of voluntary charity and  of the higher wages that companies with lower tax burdens can afford to offer, but I don’t expect that any time soon — the smarter option is to scale down benefits as a fraction of increased earnings.

Like: For every $3 an assistance recipient earns in the labor market, the benefits are decreased by $1, reaching zero when his or earnings reach  a “living wage” level.

Perfect idea? No, but better than Bernie’s bozo BEZOS boondoggle.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

What is an “Impeachable Offense?”

Andrew Johnson impeachment trial
The Senate as a Court of Impeachment for the Trial of Andrew Johnson [Public Domain, Wikimedia Commons]
In a Labor Day tweet, President Donald Trump took Attorney General Jeff Sessions to task over the indictments of two Republican congressmen — one for insider trading, the other for misusing campaign funds.  “Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff …”

CNN legal analyst Jeffrey Toobin responded on the network’s “New Day” program: “This tweet alone may be an impeachable offense,” because it is “so contrary to the traditions of the Department of Justice.”

Can a presidential tweet — and especially this tweet in particular — be an impeachable offense?

Short answer: Yes.

Longer answer: The US Constitution envisions impeachment for two specific offenses (treason and bribery) and for other not specifically defined offenses (“other high Crimes and Misdemeanors”).

That second category does carry historical meaning, but the meaning is broad and, more importantly, determined politically and in the moment. Which means that pretty much anything can be an impeachable offense.

A “high crime” is not a crime of some particular severity. Rather, it is a crime committed by someone serving in a “high” government position that carries  obligations above and beyond those binding a private citizen. The president of the United States is obviously such a person.

The first conviction handed down by the US Senate pursuant to impeachment in the House was of a federal judge for the “high crime” of chronic intoxication. Not a crime at all for you or for me, but antithetical to a judge’s obligation to not go mentally self-impaired in the performance of his duties.

President Andrew Johnson was impeached for, though not convicted of, “high crimes” including making speeches which “attempt[ed] to bring into disgrace, ridicule, hatred, contempt and reproach, the Congress of the United States.”

It’s not a stretch to put Trump’s tweet in the same category as those offenses. He’s a high official, publicly and corruptly calling on a government agency which he’s obligated to oversee honest operation of to give members of his party free passes on their own “high crimes” because there’s an election coming soon.

Republicans in Congress complained bitterly when former FBI director James Comey and the Obama Justice Department gave Hillary Clinton exactly such a free pass on her grossly negligent handling of classified information in the run-up to the 2016 presidential election. Will congressional Republicans apply the same implied standard to Trump?

Yes, whether or not Congress deems Trump’s tweet a “high crime” is indeed a  political question.  It’s all about the votes — at the Capitol and, come November, at America’s polling places.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Prosecutors: Flipping Off the Law with Impunity

“It’s called flipping and it almost ought to be illegal,” US president Donald Trump said in a recent Fox News interview. “I know all about flipping …. Everything is wonderful and then they get 10 years in jail and they flip on whoever the next highest one is or as high as you can go.”

Self-serving? Sure. The president’s former attorney, Michael Cohen, recently struck a deal with federal prosecutors to plead guilty to several crimes — and testified that then-candidate Trump had directed him to make an illegal campaign contribution. In return for his cooperation, he expects a lighter sentencing recommendation from those prosecutors.

Self-serving, yes, but also true. The American criminal justice system is shot through with the behavior in question. The “flipping” President Trump describes isn’t something that “almost ought to be illegal.”  It’s something that IS illegal.

Title 18, Section 201 of the United States Code provides that “Whoever … corruptly gives, offers, or promises anything of value to any person … with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court … shall be fined under this title … or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.”

The same section similarly forbids seeking or accepting such inducements. And it includes no exceptions for prosecutors hunting bigger game than they’ve already cornered, or for defendants expecting lighter sentences — certainly things “of value” — if they agree to serve as those prosecutors’ hunting dogs.

If the goal of the American “justice” system is indeed to seek justice, prosecutors should charge defendants with the actual crimes they  can prove those defendants committed and judges should levy the penalties prescribed for those crimes, assuming the laws and penalties are indeed just (that’s a different question).

But that’s not the goal, as many prosecutors see it. The goal is to horse-trade toward more and bigger convictions by simultaneously bribing and extorting defendants, offering reduced charges and sentences in return for guilty pleas and “cooperation,” often initially “over-charging” those defendants so there’s more on the auction block.

If, as rumored, every prosecutor sees a future attorney general, governor, or even president in the morning mirror, then above and beyond the aforementioned crimes,  “flipping” becomes a matter of soliciting and receiving illegal campaign contributions, doesn’t it?

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY