Streamlining Negotiations

DoJ says it wants to “streamline” negotiations over the size of penalties misbehaving white collar employees should pay.

Assistant Attorney General Brian Benczkowski, the head of the department’s criminal division—which overseas various white-collar criminal investigations—said the DOJ has sought to reduce the time it takes to negotiate resolutions by grounding proposed fines in US sentencing guidelines and other objective criteria.

Here’s a thought on how to streamline those negotiations.

Stop negotiating.  Make a plea offer (rarely, these too often get used to extort guilty pleas of any sort), and if the white collar declines—no back and forth—go to criminal trial.  Better, if DoJ thinks it has an actual case, go straight to criminal trial.

If DoJ doesn’t think it can make its case in front of a criminal court jury, then DoJ doesn’t have a case to make. Leave the white collar the hell alone.

YGTBSM

Congressman Al Green (D, TX) is upset that, of all of the law professor witnesses testifying at Wednesday’s Jerry Nadler-run (D, NY) Judiciary Committee impeachment hearing, not one of them was “a person of color.” In his upset, he actually said this on the House floor before the Committee began its round of the Progressive-Democrats’ inquisition:

It hurts my heart, Mr Speaker, to see the Judiciary Committee hearing experts on the topic of impeachment—one of the seminal issues of this Congress—hearing experts…and not one person of color among the experts.
What subliminal message are we sending to the world when we have experts but not one person of color? Are we saying that there are no people of color who are experts on this topic of impeachment?

Because, for this man, the most important characteristic, the defining characteristic of anyone is the color of his skin.  What subliminal message are we sending to the world when we insist we cannot have a collection of experts unless some of them are “persons of color?”

Apparently Green does not believe in Martin Luther King’s dream: that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.

The racism is strong and stench-ridden in this Congressman.

Seller’s Remorse

Not because they mistakenly sold, though, rather because they’re being blocked from selling. The People’s Republic of China’s telecom company Huawei is suing over an FCC ruling that prevents American rural wireless telecom companies from using Federal dollars to buy Huawei equipment.

Huawei executives have long hung their hats on this bit as their primary reason for being allowed into our national communications networks:

Huawei has long said that it is owned by its employees, operates independently of Beijing and would never spy on behalf of any government.

Nothing could be farther from the truth.  PRC law requires government-run or -owned and private companies to cooperate in every respect with the PRC government—including government-demanded surveillance.  Even trusting to the sincerity of Huawei executives, they’ll spy if their government tells them to.  They have no choice.

Beyond that, it would be the height of foolishness for us to trust our national security to the good offices of foreign executives and to a foreign government that controls them.  Especially when that foreign government is, at best, a competitor of ours and, more likely, an enemy.

Especially when that foreign government has a history—long and venerable—of hacking our government and our private computers, stealing personal data of our government and military personnel, stealing our negotiation, policy, and military secrets, stealing the proprietary data of our private enterprises.

Especially when that company has been found to have multiple backdoors and other weaknesses in its software, waiting to be exploited.

A proximate example of Huawei’s sincerity is their claim, made by Song Liuping, Chief Legal Officer for Huawei, in the company’s FCC suit:

The FCC should not shut down joint efforts to connect rural communities in the US[.]

This is just straight-up dishonest. Neither the FCC, nor any other Federal entity, is blocking any joint efforts to connect our rural communities.  The only matter here is that Huawei is restricted in its efforts to join in those connections.  Indeed, the only restriction on Huawei in this case is that the company may not use Federal dollars—American citizens’ dollars—to join the connection efforts.

“The Burden of Compliance”

Hospitals have filed their initial suit to prevent the Trump administration from promulgating a rule that would require hospitals to make public the secret rates they agree with insurers. Their argument centers on this:

The burden of compliance with the rule is enormous, and way out of line with any projected benefits associated with the rule[.]

It’s hard to understand the degree of burden in simply publishing the agreed rates. Paper and ink aren’t expensive, and electrons are even cheaper.  Beyond that, the benefits are enormous: it would allow patients and prospective patients to know which hospital charges what for a given procedure, so the patient could determine—under his own imperatives—which hospital has the most cost effective procedure.

The benefits also include each hospital knowing what its competitors charge, resulting in price competition—also the benefit of patients and prospective patients.  And to the benefit of the insurers, as price competition brings prices obtained in their direction, and seemingly paradoxically, to the benefit of those same hospitals as price competition brings prices paid in their direction, with the two pressures driving prices to an intermediate level optimal for the patients and prospective patients, for consumers.

Health and Human Services has the right of it. Here’s HHS spokesman Caitlin Oakley:

Hospitals should be ashamed that they aren’t willing to provide American patients the cost of a service before they purchase it. President Trump and Secretary [Alex] Azar are committed to providing patients the information they need to make their own informed health-care decisions and will continue to fight for transparency in America’s health-care system.

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.