Voting Rights

On the whole, convicted felons lose their right to cast votes in our elections for the rest of their lives. Kentucky Governor Andy Beshear (D) wants to restore this right to nonviolent felons.

It’s been a truism in our American jurisprudence and our American society that when a miscreant—a felon in the present case—has paid his debt to society (nominally including a measure of “make whole” his immediate victim), he should be allowed to start over, reenter society, and try to live honorably and on his own efforts rather than continuing to be dependent on society, a dependence begun with his dependence on our prison system for his existence as well as for his punishment.

Now, some crimes want a lifetime punishment, and a few demand the criminal’s life in compensation to society and to the victim.  Most crimes, though, have punishments that society has determined to be sufficient at a smaller price than the criminal’s life or life span.  These crimes are identifiable by their finite jail terms with parole following after release or by their having been suspended on the criminal’s good behavior during the period of suspension.

Many of those short-of-life crimes are violent crimes; Beshear wants to limit his action to non-violent crimes.

In principle, I agree with that.  When a man’s debt has been paid, his bill should be so marked, including with additional detriments, like a fundamental right of citizenship—voting—also lifted.  But we need to be careful with the definition of “non-violent.”  I suggest that a con job is non-violent, or a burglary of an unoccupied building.  I suggest, though, that dealing drugs is not at all non-violent, even if no guns are used: it destroys lives.  Drug dealing has no merely temporary effects.  I suggest, further, that identity theft, for all that no guns may have been involved, is far from non-violent.  Identity theft can destroy a life as thoroughly as drugs: it takes financial resources necessary for the victim’s present life and his future life.

Again, I agree, in principle, with the concept of restoring a citizen’s right to vote to a felon whose crime was non-violent and who has completed his sentence in every respect, including restitution.  But we need to know the details of Beshear’s specific proposal before we can agree that he’s on the right track.

Further Personnel Replacements

I wrote yesterday about the need for replacement of senior FBI personnel in order to minimize the accumulation of incumbency power of bureaucrats in the FBI, a power increasingly abused in order to obstruct constitutional authority and authorities over them.

The same is needed in State, the Intelligence Community, and Defense.  Walter Russell Mead wrote in Monday’s Wall Street Journal of a foreign-policy showdown of historic proportions. His showdown is that between Progressive-Democrats (my term, not Mead’s) and Republicans over how to interpret administration handling of Ukraine within the framework of the former’s internationalist/Atlanticist perspective that also sees Russia as our main adversary and the latter’s view of not so much internationalist/Atlanticist, more domestic concerns, and maybe more attention to Latin American and across the Pacific.

That’s an important struggle, but it’s a political struggle perfectly well handled at the ballot box. There’s a much larger struggle in progress, though, and it’s insidious for its behind the scenes, not so controllable by We the People, nature. This struggle centers on who controls the formulation and execution of US foreign policy: the President, who is the Constitutional authority, or the bureaucrats of State, IC, and DoD who have their “interagency coordination group,” as described by Progressive-Democrat State Department witnesses during the House Intel “impeachment” hearings.

The latter is exemplified by Fiona Hill’s dismayed testimony that she was “quite cross” that she had been bypassed in the formulation of policy vis-à-vis Ukraine, especially since that “interagency coordination group” was unanimous—unanimous! —in its opposition to that policy. That that group has no existence in law or Executive Order is unimportant to these bureaucrats.

The existence of the struggle between a Constitutional authority and an informal claque is an indication of the need periodically to terminate most bureaucrats to break up their incumbency power. That break up should follow along the lines I proposed for the FBI:

State, IC, and DoD managers who are Presidentially nominated and Senate confirmed should be barred from any service, including pro bono or lobbying, within any of those Departments and Agencies under any immediately subsequent administration; they can go work in the private sector. Their eligibility for State, IC, and DoD employment could be restored with the election of the second President (not the next President reelected) after the one in whose administration they served.

This removal from employment should extend into and across the top tiers just below the confirmation positions, as well.

None of those folks will have necessarily done anything wrong or even untoward; it’s merely necessary to break up and terminate the accumulating power of incumbency and bureaucratic inertia.  Some might worry that too much corporate memory would be lost.  Such memory and history are valuable in any enterprise; however, there will remain sufficient value in the remaining senior employees. As well as from the non-State, IC, and DoD Federal organizations with their outside-looking-in perspective.

The FBI and Surveillance

DoJ’s Inspector General, Michael Horowitz, has produced a report that’s pretty damning of the FBI and its surveillance practices.  This has raised concerns about how far the FBI goes, and whether it exceeds the spirit, even the letter, of our laws governing FBI surveillance.

Monday’s report…also faulted the bureau for its “failure to adhere to its own standards of accuracy and completeness when filing applications” to conduct electronic surveillance on Carter Page, a former Trump campaign staffer, under the Foreign Intelligence Surveillance Act.
Privacy advocates said the report’s findings validated their belief that surveillance practices under the FISA law…lacked adequate oversight and transparency.

Indeed. And this is the crux of the matter.  I suspect that the FISA law and other of our government surveillance-related laws are adequate to their task (eliding questions about FISA’s courts). It’s the humans in charge of the FBI, and their subordinates, who are wanting in this.

It’s virtually certain that additional law, or tweakings of existing laws, will accomplishment a good approximation of nothing in redressing this.

I suggest that what is needed are a couple of things.  One is an increase in the severity of sanction applied to those FBI managers (I won’t call them leaders; failure here disqualifies them from that favorable label) who fail in their oversight duties and separately in their transparency duties.  This will produce improvement, but that will erode, just as we’ve reached our present sorry pass via erosion over the past several years. J Edgar Hoover and James Comey are merely the culmination of such erosion.

The other thing promises to produce more long-lasting results. FBI managers who are Presidentially nominated and Senate confirmed should be barred from any service, including pro bono and lobbying, within DoJ under any immediately subsequent administration; they can go work in the private sector instead. Their eligibility for DoJ employment could be restored with the election of the second President (not the next President reelected) after the one in whose administration they served.

This removal from employment should extend into and across the top tiers just below the confirmation positions, as well.

None of those folks will have necessarily done anything wrong or even untoward; it’s merely necessary to break up and terminate the accumulating power of incumbency and bureaucratic inertia.  Some might worry that too much corporate memory would be lost.  Such memory and history are valuable in any enterprise; however, in the case of the FBI, there will be sufficient value in the senior agents and remaining other senior employees. As well as from the non-FBI DoJ with its outside-looking-in perspective.

It Doesn’t Matter

Vice President Mike Pence doesn’t think it’s a done deal that the Progressive-Democrats have the votes in the House to impeach President Donald Trump.

He’s operating from a misunderstanding of the Progressive-Democrats’ purpose. Their move has nothing to do with impeachment—they know they have no case based on what they’ve leaked from their secret hearings and what’s been exposed in both their committees’ public hearings—and everything to do with smearing Trump and poisoning the upcoming election.

As Al Green (D, TX) has made clear.

There is no limit on the number of the times the Senate can vote to convict or not [convict] a president. No limit to the number of times a House can vote to impeach, or not….

And

I’m concerned that if we don’t impeach the president, he will get re-elected.

The Progressive-Democrats will just keep the “impeachment” effort alive and ongoing through the campaign season.

Gimme, Gimme, Gimme

That’s what French unions are demanding with their strikes against French President Emmanuel Macron’s and French Prime Minister Édouard Philippe’s plans to streamline, standardize, and otherwise reduce the cost to French taxpayers of France’s byzantine pension system.

Never mind that the pension system consists of 42 different pension plans or that French civil servants insist that they are, somehow, special and so should have special perquisites unavailable to petty private sector workers.

Trains, subways, and buses were still severely curtailed on Friday, and hundreds of domestic and regional flights were canceled. There were no demonstrations on Friday, but unions have warned the strike could last days and become one of the biggest in France in over two decades.

And

Civil servants, in particular, fear they may lose advantages they have over private-sector employees.

To hell with their fellow citizens attempting to get to and from their own work, to and from their own necessary errands, to and from their own entertainments.  The unions want theirs, and no one else matters.

All the government wants to do is to

extend the number of years needed to collect a full pension and create a universal plan that would do away with the so-called special regimes enjoyed by French civil servants, including rail workers.

Currently, full retirement occurs after 43 years of work or age 62; the latter being the youngest full-retirement age in the OECD.

“Screw you,” say the unions, exemplified by Catherine Perret, Confederal Secretary of the CGT trade union:

We won’t let go[.]

This is the naked, if strictly legal, extortion of union strikes made national.  The US has Taft-Hartley, in which the government can order the end to a strike for a significant period during which serious negotiations could occur.  France, not so much; its unions are amok.