Home // 2011 // December

Fast and Furious scandal looks increasingly like a plot from a bad novel

“ATF officials didn’t intend to publicly disclose their own role in letting Mexican cartels obtain the weapons, but emails show they discussed using the sales, including sales encouraged by ATF, to justify a new gun regulation called ‘Demand Letter 3’. That would require some U.S. gun shops to report the sale of multiple rifles or ‘long guns.’ Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.”

That’s what CBS is reporting today, in the latest news on the Fast and Furious scandal, in which ATF agents leaned on gun dealers to sell weapons to obvious criminals to … see what would happen? That’s what it seemed like at first, anyway. Of course, what happened is that some of the guns — whoopsies! — were used in murders.

Now, it seems, there was another purpose behind Fast and Furious. According to emails exchanged by ATF officials themselves, the ATF applied pressure to gun dealers to continue sales with which the gun dealers were uncomfortable so that they could point to the purchase of guns by Mexican drug dealers as evidence that further legal restrictions were required on the sale of firearms.

Y’know, if I wrote a novel with this as a storyline, I’d be accused of paranoia and unrealistic plotting.

You can keep your not-so-new nationalism

I’ve always found Teddy Roosevelt to be among the more repugnant of the already repulsive batch of grifters and autocrats we’ve been unfortunate enough to call “Mr. President.” He managed to combine militarism, authoritarianism and economic collectivism with a cult of the state that he called “new nationalism.” As presidential scholar Richard M. Abrams puts it in his discussion of the 26th president, “He spoke righteously for freedom but placed individual liberty in the context of a greater obligation to the nation. He acknowledged that most individuals probably preferred business as usual, to be left to cultivate their own gardens and to pursue modest livelihoods and comforts, but he viewed such an outlook with scorn.”

In economic terms, TR was obsessed with “national efficiency” — a principle he expounded in his (in)famous new nationalism speech in Osawatomie, Kansas. He called for powerful federal and state governments, with all-encompassing powers that allow for no “neutral ground” where people might hide from the government. Said he, “I do not ask for the over centralization; but I do ask that we work in a spirit of broad and far-reaching nationalism where we work for what concerns our people as a whole.”

People who disagreed with his views, he implied (or explicitly stated) were unpatriotic.

If he’d made his speech 20 years later, Teddy Roosevelt’s views could have comfortably clothed themselves in brown shirts (as could those of his cousin who was actually in office at that time).

So, when Barack Obama tramps back to Osawatomie to deliberately echo TR’s speech and views, color me nauseated. “[I]n America, we are greater together – when everyone engages in fair play, everyone gets a fair shot, everyone does their fair share. … [A]s a nation, we have always come together, through our government, to help create the conditions where both workers and businesses can succeed.”

Once again, the appeal to tribal identity, the call to submerge individual interests in the name of the greater good of the group — as identified by the speaker. And if you don’t agree with the speaker’s very specific idea of what’s good and right? Well, Teddy Roosevelt called you a “reactionary”; Obama, in our psychologized age, insists you and your co-dissidents have “collective amnesia.”

But we live in an age that’s not just psychologized, but fact-checked, and even the Washington Post called bullshit on much of Barry’s supporting evidence for his exhumed not-so-new nationalism.

On Obama’s insistence that “expensive” tax cuts for the “wealthy” are responsible for the current economic mess:

Obama certainly inherited an economic mess, and we have argued he does not deserve blame for the massive loss of jobs early in his administration. But it seems odd to keep blaming poor job growth on the Bush tax cut, especially because Obama himself pushed through a nearly $1-trillion stimulus and took other actions that have affected the economy, for better or worse.

Finally, Obama blames the Bush tax cuts for “massive deficits.” It is certainly true that the Bush tax cuts helped blow a hole in the budget. But they did not do it all by themselves. We looked at length at this issue earlier this year, assisted by new Congressional Budget Office data.

The data showed that the biggest contributor to the disappearance of projected surpluses was increased spending, which accounted for 36.5 percent of the decline in the nation’s fiscal position, followed by incorrect CBO estimates, which accounted for 28 percent. The Bush tax cuts (along with some Obama tax cuts) were responsible for just 24 percent.

And on the president’s insistence that the uber-wealthy are even more successful at tax avoidance than even the Occupiers have charged in their wildest fever-dream accusations:

“Some billionaires have a tax rate as low as 1 percent — 1 percent. That is the height of unfairness.”

This is a striking statistic. But the only evidence that the White House could offer for it was a TV clip of a conversation on Bloomberg TV, in which correspondent Gigi Stone made this assertion during a discussion about the tax strategies that the very wealthy use to avoid paying taxes.  The TV clip was promoted by the left-leaning website Think Progress.

Stone quoted from a Bloomberg News article last month that reported on such tax strategies, which mostly involve complicated ways to defer paying capital gains taxes. But the article never made the one-percent claim. It also noted that the IRS had gotten more hostile to such transactions in recent years.

An administration official conceded the White House had no actual data to back up the president’s assertion, but argued that other reports showed that some of the wealthy pay little in taxes.

The Post even quoted Judge Learned Hand pointing out that “Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury.”

So, calls for authoritarianism founded on appeals to tribal identity, based on manufactured data. Thanks anyway, but I’ll pass.

Police officers overwhelmingly think I’m right. Or not.

Government officials are fond of deferring to the opinion of police officers when defending restrictive laws and intrusive procedures. Time and again, we’re told that “rank-and-file police officers overwhelmingly support this law banning the sale of X” or “police officers overwhelmingly favor the extension of this law requiring Y.” That’s supposed to be the conversation-killer. Cops want this or oppose that, and so the debate is finished!

The presumption, of course, is that it not only matters what police officers think, but that the preferences of the folks in blue (and plainclothes) should carry overwhelming weight. That’s a dubious premise, but one that goes, all too frequently, unchallenged in debates over public policy in the United States. To hear politicians talk, you might as well replace legislatures with random delegations from local police departments and scrap public-opinion polling in favor of whatever you can overhear at a neighborhood cop-bar.

But even for people who accept the unassailable value of the political and legal preferences harbored by the gendarmerie, the assumption is that we actually hear and know what police officers think — that we have been presented an accurate representation of their beliefs.

But what if what we’re hearing is bowdlerized to the point of being unrepresentative? What if many cops are afraid to speak their minds, so instead hold their tongues or feed us bullshit?

That’s the question raised by a New York Times article that tells the whole tale in a headline: “Police officers find that dissent on drug laws may come with a price.” The article features stories such as that of a Border Patrol officer who found his pro-legalization musings had pretty stiff consequences:

Stationed in Deming, N.M., Mr. Gonzalez was in his green-and-white Border Patrol vehicle just a few feet from the international boundary when he pulled up next to a fellow agent to chat about the frustrations of the job. If marijuana were legalized, Mr. Gonzalez acknowledges saying, the drug-related violence across the border in Mexico would cease. He then brought up an organization called Law Enforcement Against Prohibition that favors ending the war on drugs.

Those remarks, along with others expressing sympathy for illegal immigrants from Mexico, were passed along to the Border Patrol headquarters in Washington. After an investigation, a termination letter arrived that said Mr. Gonzalez held “personal views that were contrary to core characteristics of Border Patrol Agents, which are patriotism, dedication and esprit de corps.”

After citing similar cases, the Times quotes an anonymous police officer who sees such penalties for ideological non-conformity breeding a culture of closed-mouths among law-enforcers.

Among those not yet ready to publicly urge the legalization of drugs is a veteran Texas police officer who quietly supports LEAP and spoke on the condition that he not be identified. “We all know the drug war is a bad joke,” he said in a telephone interview. “But we also know that you’ll never get promoted if you’re seen as soft on drugs.”

It’s not only drugs, either. In 1994, the Free Lance Star of Virginia reported that the police officers who had publicly appeared in support of the just-passed federal “assault weapons” ban hadn’t been informed of the nature of the photo-op until they arrived. And they weren’t all on board with the gun ban to which they were supposed to provide a supportive backdrop.

Not all of the officers supported the ban, however, and one of them, John Donaggio, filed a lawsuit in U.S. District Court in Alexandria that claims [Chief] Stover violated his rights.

Donaggio, 29, said he was ordered to go to the Capitol, stand on the steps, pose for photographs, and keep his objections private. His lawsuit says that the chief and the county illegally forced him into political activity and violated his right to free speech.

It’s not hard to extrapolate from cases like this to others involving high political stakes. If police officers can be disciplined for opposing the received wisdom on drug prohibition and gun control, why wouldn’t they also face consequences for dissenting on search and seizure, SWAT tactics, immigration …

Police officers work under tight discipline in government agencies under leaders who are political appointees, or politicians themselves. That’s not a good recipe for the fair airing of unvarnished opinions that oppose those of people further up the hierarchical food chain.

So, police officers overwhelmingly support Policy X when they’re ordered to? Or, at least, when they fear for their job security if they don’t?

That’s a somewhat less compelling argument, don’t you think?