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.

Presidential Obstruction

…by the President of the Congress, according to The Babylon Bee:

The suggestion that Trump obstructed Congress turned out to be a far more popular idea than Democrats had predicted.

But they closed with this:

At publishing time, Trump was looking for ways to obstruct both the judicial and executive branches, further increasing his popularity.

However, Trump already is obstructing the Judicial Branch. Look at all those evil, dysfunctional textualists he’s getting appointed to the district courts, appellate circuits, and Supreme Court. And it’s appearing increasingly possible that he’ll get one more obstructive Justice, too, to set back Roberts.

And, to hear denizens of the “interagency coordination” facility lionized by no less a light that Fiona “Quite Cross” Hill tell it, he’s busily obstructing the Executive Branch, as well.

I’m surprised the Bee missed this in their satire.

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.

Impeachment

The House Progressive-Democrats have settled on two Articles of Impeachment.

The first article is on abuse of power. Democrats allege that Mr Trump took advantage of his position as president to pressure Kyiv to investigate a political rival. The second article is on obstruction of Congress, related to the president’s moves to block aides from participating in the impeachment investigation.

In conjunction with this, The Wall Street Journal asked a question:

Do you think President Trump will be impeached in the House under these two articles?

Of course he will. It’s long since become politically impossible for the Progressive-Democrats to step back from this. They’re wholly committed; even stepping back to a vote of Censure, as some have suggested, would be a confession that they’ve just been engaged in a smear campaign.

Never mind that they insist, with straight faces, that it’s an impeachable offense for a President to move to defend himself against Congressional accusations, including this Congress’ empty ones.

Never mind that the Progressive-Democrats’ hearings, even as one-sided as they’ve constructed them to be, completely failed to reveal a shred of evidence of anything—only 2nd- and 3rd-hand, even some 4th-hand, hearsay and suppositions and presumptions.

And Fiona Hill’s being “quite cross” that she was being bypassed in foreign policy development vis-à-vis Ukraine.

And the Progressive-Democrats putting more stock in an ad hoc “interagency coordination group”—which has no existence in law or Executive Order—than it does in the policies of the person Constitutionally in charge of foreign policy.

The trial in the Senate will be interesting, and not only for the trial itself. It’ll be interesting to see whether Congressman Adam Schiff (D, CA) will answer a summons to testify, or whether he’ll hide behind his (likely) role as prosecutor in that trial, just as he hid behind his role as House Intelligence Committee Chairman to refuse to testify before the House Judiciary Committee.

It’ll be interesting to see what the Senate does about Schiff’s likely refusal.

It’ll be interesting to see how the Senate handles its summons of the whistleblower and that one’s refusal to appear.

Short and Sweet

I watched the Nadler burlesque show that’s masquerading as the House Judiciary Committee impeachment hearing yesterday so you didn’t have to.  Here is the short and sweet of it.

The three Progressive-Democrat law professor witnesses each opened their opening statements by saying President Donald Trump was guilty and should be impeached even before they knew the impeachment charges being preferred.  They couldn’t know the charges because the Judiciary Committee has not written the articles of impeachment. Indeed, the committee chairman, Jerry Nadler (D, NY) has refused—and he refused repeatedly during yesterday’s show—even to say when the next hearing would be held or what witnesses would be called.

Those three Progressive-Democrat law professor witnesses went further: they pronounced their guilty verdicts even before they expressed their opinions of what might constitute an impeachable offense.

Like any burlesque show, we know how this will end because the script and choreography have long been written.