A Correct EO

In early March, President Donald Trump (R) wrote an Executive Order that rescinded the security clearances of the law firm Perkins Coie and its lawyers individually. The EO also barred Perkins Coie from access to a number of Federal buildings and instructed other Executive Branch agencies to exam contracts with Perkins Coie with a view to ending them.

Last week DC District Judge Beryl Howell ruled the EO unconstitutional. Among other things,

Howell wrote that the text of the executive order, and Trump’s statements about it, made clear that he targeted Perkins Coie because it represented clients he doesn’t like, and clients challenging some of his actions.
“That is unconstitutional retaliation and viewpoint discrimination, plain and simple,” wrote the judge, an appointee of former President Barack Obama.

She’s not far wrong in that, and this is a case where Trump’s rhetoric contaminated the legitimacy of his move. Perkins Coie made an argument in its suit, though, that is and should have been so considered wholly irrelevant.

It told the court it was at risk of losing its most lucrative clients, as they frequently work with the federal government, and many are major government contractors. In fact, the firm told the court, it did lose clients.

That confers no obligation on the government to grant or continue security clearances to Perkins Coie or any other enterprise. No business must be allowed to arrange its business model in such a way as to compel our government to grant it a security clearance.

The President of the United States is the final arbiter of security clearances, of what is classified, and of who has declassification authority.

From that, this: a better—and entirely constitutional—Executive Order would require all Departments and agencies in the Executive Branch, including the President and his White House, that have security clearance authorities to rescind all security clearances of personnel who leave their Departments or agencies on the day of their departure—even if those employees are transferring to another Department or agency. The new Department or agency, and any nongovernment entity who employs the departed person, if they want the person to have a security clearance, must do a de novo background investigation before granting a clearance, and the Department, agency, or outside entity must justify the level of clearance requested.

The EO should do this, as well: recast security clearances, extant or newly granted, held by nongovernment enterprises and their employees as for the duration of the particular contract with automatic rescission on the end of the contract. New contracts must have de novo background investigations of all enterprises and individual employees contemplated for work on the contract. If an existing contract is extended for a second time, those security clearances must be explicitly renewed via de novo background investigations.

Security clearances give access to our nation’s most important secrets, and no person and no entity has an intrinsic right to one. No person and no entity has any sort of Constitutional right to a security clearance. Neither does our government have any obligation to grant a security clearance, of any level, to any person or entity. This fundamental concept is one that is too often unconsidered in disputes over clearances.

My Irony Meter…

…is pegged. In their letter published in The Wall Street Journal‘s Friday Letters section, David Wippman and Glenn Altschuler of Hamilton College and Cornell University, respectively, object to comparisons of Harvard to Hillsdale College, even as they misleadingly mischaracterize the latter’s relationship with Federal dollars (writing that Hillsdale has for decades refused federal funding, when the fact is Hillsdale has never taken Federal dollars at any time in its 180 years of existence).

The letter writers acknowledge that Harvard’s taking Federal dollars makes it “vulnerable” to Federal pressure, citing supposed risks to Harvard’s research capacity. In truth, Harvard still could conduct effective research, were it to get serious about the bigots and terrorist supporters entrenched in its student and faculty and staff populations.

That brings me to the irony of their letter.

[I]t is absurd to compare this Christian college with 1,700 students and 170 faculty with Harvard, one of the leading research universities in the world with almost 25,000 students and more than 20,000 faculty and staff.

Actually, two: Wippman and Altschuler call out Hillsdale as an explicitly Christian college as though that were somehow important to their discussion, while ignoring Harvard’s more religiously and areligiously ecumenical bent—as though that does not matter at all.

The real irony though is that 1:10 faculty to student ratio at Hillsdale compared to that 8:10 ratio of faculty and staff to students at Harvard. Clearly one school is focused on actual teaching, while the other is focused on…nothing in particular, apparently, other than faculty and staff activism, antisemitic bigotry, terrorist support, and condoning when not actively encouraging the same in the student population. That only creates an environment where that vaunted research is merely an afterthought and a source of Federal largesse rather than a serious focal point for the institution.

A Thought Experiment

Our so-called “elite” universities are banding together to form a collective to resist the Trump administration’s efforts to withhold grants and contracts from those institutions that aren’t doing enough to combat antisemitic bigotry and support for terrorists, reporting what foreign money they’re receiving and in what amounts, and adequately limiting the numbers of foreign students and faculty to suit the administration.

The collective is centering its resistance on the premise that Government doesn’t get to dictate to them what their practices might be, never minding that all donors get to specify how their donations are used.

What this collective is missing is that colleges and universities have no particular right to government funds, and that government has no particular obligation to send money to colleges and universities.

Hence my thought experiment.

Consider that a large collection of private citizens get together and say to a college or university, “You can’t have any more of our money unless and until you stop doing these things and start doing these other things.”

What legal recourse would that college or university, or any collection of colleges and universities similarly addressed, have against that collection of private citizens? How is their private collective action any different from their collective action through their government? It is, after all, the same money, whether their private money given or withheld directly or their private money washed through government as tax remittances.

Harvard’s Professoriate…

…according to a supposedly conservative professor. James Hankins, a Harvard history professor, had some thoughts on how to cure Harvard of its wokeness. I have some thoughts on his thoughts.

Hankins’ basic idea is that Harvard should reduce its acceptance rate of Federal dollars and rely more on private funds from Harvard alumni.

[W]e should strengthen ties with loyal alumni who know and love Harvard. Alumni are loyal in part because they remember with gratitude the teaching they received as undergraduates. That makes them more closely aligned with the university’s real mission: to teach and to produce high-quality, unpoliticized research. Empowering alumni would carry its own risks, no doubt, but in my experience, they have a much sounder sense than politicians and government bureaucrats of what Harvard should be doing to help the country and itself.

This is naïve, and it misstates Harvard’s—any college’s or university’s—mission. That mission is to teach, full stop. They’re also ideal places to do research, including basic research, but even in an ideal world, research would come second to teaching, not be placed on par with it.

Withal, Hankins exposed the core of his error in a couple of ways.

My sense is that the great majority of my colleagues don’t care for campus political activism. As an out-of-the-closet conservative, I often find myself playing the confidant to my liberal colleagues. They sidle up and say, sotto voce, “Please don’t tell anyone I said this,” then proceed to unload their disgust with the latest activist outrages. They might have identified as leftists in their college years, but a frequent refrain I hear from them now is “this is not what the left used to stand for.”

That silence, that refusal to say out loud what they’ll say sotto voce, however fearfully, is the professors’ cowardice. These cannot be trusted to do any sort of unpoliticized research. They’ll bend to whatever their woke liberal masters tell them to do with whatever dollars come their way.

And this:

Faculty at Harvard for the most part are serious scholars and scientists who just want to get on with their work. They have books to write and papers to publish. … They resent it when activists create turbulence at department meetings and waste everyone’s time.

Faculty at Harvard openly favor their personal careers over doing a right thing. They resent having their quiet careers interfered with, but not enough to stand up and object out loud. This is the cowardice of immorality. This sort cannot be trusted, either, not with their writing, certainly not with teaching our children.

Hankins has successfully identified his colleagues as perfectly happy to sit on the sidelines, if not all the way up on their porches, in what they see as safety instead of taking a stand, doing a right thing.

Don’t take the Federal government’s—us taxpayers’—money? The question has another direction, also: the Federal government shouldn’t be sending our tax money to an institution like this in the first place.

What’s Missing?

A Wall Street Journal news writer wrote about the accumulation of additional wealth by the already wealthiest in the United States.

New data suggest $1 trillion of wealth was created for the 19 richest American households alone in 2024. …
It took four decades for the top 0.00001% of Americans share of total US household wealth to grow from 0.1% in 1982—when 11 households made up that rarefied group—to 1.2% in 2023, according to an analysis by Gabriel Zucman, an economist at the University of California, Berkeley and the Paris School of Economics.

What’s missing is any discussion of economic mobility, which always has been at the center of our nation’s economic development and overall wealth increase. Who are these households, and who were they?

Those in Zucman’s research on the top 0.00001% in the US are worth at least $45 billion per household and include Elon Musk, Jeff Bezos, Mark Zuckerberg, Bill Gates, Warren Buffett, and private-equity investor Stephen Schwarzman.

All of these, with the possible exception of Buffett, are Johnny-come-latelies to this tier—that’s upward mobility, and part of that eight household increase.

JPMorgan Chase’s private bank estimates US billionaires numbered nearly 2,000 last year, up from about 1,400 in 2021, when it began tracking billionaires. Wealth-data firm Altrata, meanwhile, estimates the figure at 1,050 billionaires in 2023, the most recent year for which it has data, up from 975 in 2021.

There’s a hint there. General wealth is increasing and individual folks and households move up the economic ladder. With mathematical certainty, others move down: even with a growing population—and ours is only barely growing—0.00001%, 0.01%, 50% of our population are finite numbers, and while more are rising than falling, some still must be moving down.

That’s economic mobility. And this: even as wealth is getting concentrated, it’s getting concentrated in an ever-increasing number of households.

It’s good to be rich. It’s even better to live in a free market economy where any of us can get there. After all, it’s not the concentration of wealth that matters so much, it’s the ability of any of us to accumulate that wealth and move up the economic ladder in the first place that’s important.