Far more federal investigators. Many more prosecutions of illegal immigrants. The continuing dominant role of the war on drugs. A decreasing emphasis on white-collar crime. More and more time required for the completion of criminal prosecutions. The unchanging reluctance of federal prosecutors to deal with brutal police officers. Fewer audits for corporate America.
Those are some of the important ingredients of the Clinton legacy. While President Clinton's influence was felt throughout the federal government, it is in the area of law enforcement that some of his Administration's most striking aspects can be documented. Considered together, they point to an Administration that, while talking about liberal values, was extremely successful in capturing the political support of a law-and-order constituency that for many years had mostly backed the GOP.
Often, the role of the White House was relatively minor. But since President Clinton has casually claimed credit for many good things that happened, whatever the size of his contribution, it seems only fair to judge his performance by that same standard. And based on such a review, it is clear that George W. Bush should have little trouble carrying on much of the Clinton tradition.
Headcount and Spending
Perhaps the most startling development of the Clinton years was the change in the basic makeup of the federal government. During the recent election campaign, one of Bush's favorite lines concerned Vice President Al Gore's alleged lust for big government. But as Gore noted in very general terms, the federal government shrank during the Clinton years. With the end of the cold war, the number of uniformed personnel in the military went down. Significantly, however, the 1999 federal payroll listed almost 25 percent fewer civilian employees--in relation to population--than it did in 1992. Meanwhile, the number of criminal investigators was increasing. In 1992 there was one criminal investigator for every thirty federal employees. In 1999 there was one criminal investigator for every twenty employees. With no room for discussion, Clinton is leaving us with a government that has become more concerned with enforcing the law and investigating the people, and less able to provide the public with a range of other services.
Given the overall decline in government employees, it is not surprising that direct federal expenditures did not increase during these years. In constant dollars, payments amounted to $5,694 for each American in 1992, $5,647 in 1999.
An agency-by-agency breakdown of the changes in federal spending, however, provides additional insight about the government's increasing enforcement and investigative roles. We have already mentioned the decline in military personnel. Measured in constant dollars this drop was substantial: from $1,034 per person in 1993 to $871 in 1999. But, accelerated in part by Vice President Gore's "reinventing government" effort, spending by many agencies not under the Defense Department umbrella, including the departments of Agriculture, Treasury and Housing and Urban Development, also declined. The EPA was down 15 percent, other regulatory agencies dropped by 29 percent, the Energy Department was off by 28 percent and NASA dropped by 21 percent.
But hold on. A few agencies bucked the downward trend. Leading this much smaller pack was the Justice Department, where constant per capita spending jumped by 72 percent.
Why is this? Well, with Clinton and the Republicans competing to outspend each other in funding the always popular "war on crime," the startling success of Justice in the budget battles was predictable. Although the Immigration and Naturalization Service (INS) and the Bureau of Prisons were among the biggest winners within the department, it is also worth noting that the Clinton Administration's FBI is larger today--both in raw numbers and in relation to population--than at any time in history, including World War II, the cold war and the period of civil disturbances related to the Vietnam War and after the assassination of Martin Luther King. Individuals listed with the occupational specialty of "intelligence officer" nearly quintupled, jumping from 224 to 1,025.
More federal enforcers and more enforcement dollars might be assumed to translate automatically into more federal prosecutions. But over the years, while the number of prosecutions has edged higher and higher, the annual number of such actions has varied: It was relatively high in 1993, slumped significantly in 1994 and then began going up again. According to Justice Department data, upon which most of this analysis rests, the prosecution count jumped sharply in 1998, to 82,071. (Because the department has withheld 1999 data from us, enforcement information about the last full year of the Clinton Administration is not now available. But court data suggest that in 1999 federal prosecutions reached an all-time high.)
§ Immigration. Immigration matters made up a major part of the recent spurt in indictments. In fact, such actions more than doubled during the Clinton years, jumping from 7,335 in 1993 to 14,616 in 1998. (Once again, court data indicate that immigration prosecutions continued their dramatic rise in 1999.) The recent jump in immigration prosecutions is the major reason that the overall number of federal court cases has increased at a faster rate than at any time since the Nixon Administration launched the war on drugs and ordered federal prosecutors to go after Vietnam War draft dodgers. The surge in immigration prosecutions followed an agreement by the Administration and Congress to step up border control efforts through the simple expedient of hiring many more INS agents.
§ Drugs. For many years the effort to combat the sale and use of illegal drugs has dominated the federal enforcement agenda. From 1993 to 1998, for example, drug cases consistently made up more than one-third of all federal prosecutions. By comparison, fewer than one out of ten prosecutions during the same period were classified by the Justice Department as involving official corruption, environmental and regulatory matters. The sharpest increases in the annual number of federal drug prosecutions came during the Reagan and Bush years. By contrast, in the early Clinton years drug prosecutions actually declined slightly and then began inching higher, reaching 30,014 in 1998. This total is more than three times the 8,938 such actions in 1981. (The overwhelming impact of the drug war on the federal system is hard to exaggerate. In recent years, for example, drugs have been the criminal offense involved for 42-45 percent of all people sentenced to prison.)
§ Guns. By contrast, there was one specialized area that went through an extraordinarily steep decline during the same period: the enforcement of the nation's gun laws by the Bureau of Alcohol, Tobacco and Firearms. Referrals by ATF for federal prosecution declined by 44 percent from 1992 to 1998. (In fairness, the court data suggest that an increase in weapons enforcement actions that began in 1998 continued in 1999.)
A key factor behind the surprising drop in ATF referrals during most of the Clinton years was a 14 percent cut in ATF criminal investigators, mandated by Congress but accepted by the Administration's strategists. Many experienced enforcement officials believe that a second important explanation for the collapse of the ATF was its 1993 raid on the Branch Davidians in Waco, Texas. Their argument: The widespread public criticism of this flawed action profoundly undermined the agency's morale and its will to enforce the law. But no one should forget that the ATF raid itself and the FBI's subsequent horrific effort to end the hostage situation were also dismal parts of the Clinton legacy.
The sharp decline in ATF referrals in the 1992-98 period became a significant political issue in the presidential campaign when the Republicans and the National Rifle Association teamed up to attack the Administration's enforcement priorities. With some legitimacy they joined in asking why Clinton used a series of shooting incidents during the period to make high-publicity requests that Congress pass new gun-control laws when his Administration was not fully enforcing the ones already on the books. Because Congress was ultimately responsible for cutting the ATF budget, the Republican criticism also contained a good dash of hypocrisy.
§ Police Brutality. Sometimes the priorities that go unchanged, the dogs that don't bark, are as revealing as those that do. One example: When local jurisdictions fail to punish brutal police officers and prison guards, the federal government has the option of bringing criminal charges against the offenders, usually under one of two laws. But for many years federal prosecutors have been reluctant to pursue this approach. During the past twelve years, federal prosecutors appointed by both former President Bush and President Clinton have obtained indictments in only 3 percent of all such matters referred to them by the FBI. (By comparison, federal prosecutors have consistently prosecuted a much larger proportion of the matters presented to them concerning another kind of government abuse--official corruption.) In 1998, for example, 48 percent of these other matters resulted in an indictment. Thus the Clinton legacy in this sensitive area simply continued the federal practice of the past quarter-century under both Democratic and Republican Presidents.
The Wheels of Justice
In addition to the specifics of what laws were or were not enforced, the data we have obtained and analyzed also highlight broader problems in the federal justice system. One concerns the startling long-term increase in the time required to complete a case in federal court. At the beginning of the Reagan Administration the median time was ninety-nine days. At the end it was 130. At the beginning of the Bush years the median was 141 days; by the end it was 160. The pattern continued during the Clinton Administration: 168 days in 1993, 205 in 1998. Although the legislature writing the laws and the judges administering the courts bear some responsibility for this explosive change, the vast discretionary powers of the prosecutors appointed by Reagan, Bush and Clinton make them the first among equals.
The doubling of federal prosecution time raises troubling management and budget questions for the Justice Department and the courts. But for those who believe in the American ideas of fairness, and for the hundreds of thousands of defendants being processed through the federal assembly line, there is a second obvious question: Can anyone doubt that justice delayed is justice denied?
The initiation of criminal charges is not the only way the government works to persuade the American people to do the right thing. A second option is for the government to impose administrative sanctions outside the courts. One of the most conspicuous users of this second kind of federal authority is the Internal Revenue Service. Fully acknowledging that IRS policies are heavily influenced by the decisions of Congress, the tax enforcement patterns of the past few years remain a major part of the Clinton legacy, especially given the vast reach of this agency.
One striking reality here is the sharp decline in all kinds of tax enforcement. During the Clinton years, the overall audit rate for individuals has dropped by half, from 0.66 percent to 0.31 percent. During the same period, corporate audits went through a similar decline--2.9 percent in 1992, 1.51 percent in 1999. The decline in the audit rate for the largest corporations--those with assets of more than $250 million--is also noteworthy. In 1992 more than half of these giants were audited. In 1999 the rate had dropped to only one in three.
As just noted, the Clinton Administration is not solely responsible for the broad degradation of the IRS's enforcement presence. During the past few years conservative forces in Congress have mounted an intense rhetorical attack on the agency, which resulted in budget cuts requiring a reduction in the number of expert revenue agents who have the skills to audit upper-income and corporate tax returns. The tax man has in fact been taking it on the chin for a long time. After a substantial buildup of the IRS during the Reagan years, full-time staff is now 31 percent smaller than it was in 1988, when the cutbacks began.
This decline, and other factors that hit the agency in the early 1980s, have resulted in a dramatic shift in how the American people experience the IRS. In fact, the proportion of taxpayers now required to go through the traditional "face to face" IRS audit is five times lower than it was in 1981.
Perhaps the most surprising Clinton-era development occurred last year when--reversing past practice--low-income taxpayers suddenly stood a greater chance of being audited than high-income taxpayers. Because wealthy taxpayers obviously have more to hide from the government and better opportunities for hiding it, the IRS has historically focused its audits on the rich. In 1999, however, the audit rate for those making $100,000 or more was only 1.15 percent. At the other end of the scale, the rate on simple returns reporting $25,000 or less was 1.36 percent.
The data suggest that the federal government President Clinton leaves behind has become less able to serve the traditional needs of the American people but better equipped to investigate and prosecute them. Clinton gave moving speeches about his concern for African-Americans. But when it came to dealing with brutal police officers--a matter of special concern to black Americans--his government followed the minimalist approach of the Reagan and Bush administrations. After almost every major shooting incident of the past few years, Bill Clinton called for new gun-control programs. But when it came to enforcement, his government seemed to lose its way.
Assuming President-elect Bush succeeds in getting John Ashcroft as his Attorney General, the question is just how much of the current policy this outspoken conservative will actually want to change.
But hold! Isn't it the demand of enlightened people that all within these borders have a right to work without being hassled by the INS or kindred state agency? You can argue whether Linda Chavez treated Marta Mercado, her sometime Guatemalan employee, well or badly, and that poor treatment might disqualify her as Labor Secretary. But the spectacle of Democrats like Senator Tom Daschle solemnly denouncing Chavez for giving work to an undocumented Latina was nauseating.
Here's Chavez, who has appalling views on almost every issue relevant to the job for which she was briefly nominated, and the Democrats finally home in on her for the one decent deed on her record, if you believe the testimony of Marta, to whom Chavez appears to have behaved well.
Chavez has been cruelly taken from them, but what an immense favor Bush/Cheney did the Democrats by putting up Ashcroft and Norton! It's hard to stir up liberal passions over Powell at the State Department or Rice as National Security Adviser, or even O'Neill at Treasury. How could you be worse than Madeleine Albright or Samuel Berger? And who cares about O'Neill, when the effective ruler of the economy is over at the Fed?
But with Ashcroft scheduled for the Justice Department there are rich political and fundraising opportunities for the Democrats, berating the Naderites, We told you so, and painting lurid scenarios of the Klan Grand Wizard taking up residence in the DOJ. Here comes the Beast: Ashcroft, the foe of choice; Ashcroft, the militia-symp; Aschcroft, the racist hero of the old Confederacy. What can you say for the guy, except that he's probably marginally to the left of Eminem, great white hope of the rap crowd and currently in line for four more Grammies.
But will Ashcroft be effectively worse than Attorney General Janet Reno? This time eight years ago she was four months away from incinerating the Branch Davidians at Waco and on the edge of a tenure that has seen her fervent support for the "war on drugs," a k a war on the poor, most especially blacks; her contributions to the crime bill of 1994 and the Antiterrorism and Effective Death Penalty Act of 1996; the targeting of minority youth; her complaisance toward expansions in the power of the prosecutorial state against citizens; and onslaughts on the Bill of Rights? It's a tough act to follow.
The environmentalists see similar rich opportunity with Gale Norton, graduate of the Mountain States Legal Foundation, an anti-environmental think tank based in Denver, Colorado, headed by James Watt, greatest fundraiser for environmental causes in our history. No doubt about it, Norton is scarcely nature's friend. Her dreams are of Exxon's Grand Canyon and Disney's Yosemite. But once again, we should retain our perspective.
Consider, for example, Bill Clinton's exit order, banning roads and logging across 58.5 million acres of public land. Then look at the exceptions: Clinton's ban excludes timber sales now in the pipeline, which can be grandfathered in over the next six years. Other huge loopholes include an OK for logging for "ecological reasons," like firebreaks and deer habitat. There's also an OK for roads for mining and grazing allotments, and for fire control. In all, the order envisages a less than 3 percent reduction of total timber sales in national forests, which isn't much.
If she's smart, Norton will reverse the order simply by choosing one of the other options offered in the environmental impact statement that formed the basis of Clinton's order.
There's likely to be a big fight over the Arctic National Wildlife Refuge, where outgoing Interior Secretary Bruce Babbitt has just done Norton and the oil industry a big favor by advising Clinton that to designate ANWR a national monument would be "a meaningless gesture" that would invite the Republicans to reverse all such designations made in Clinton time. You can read this as a startlingly forthright admission that national-monument status doesn't mean much, which is true; also that Babbitt is as gutless as ever. To have made ANWR a national monument would have drawn a line in the sand, or in this case, the snow, a bit deeper, and made the forthcoming onslaught on ANWR a little tougher for the Bush/Cheney crowd.
What else can Norton do that Babbitt hasn't already set in motion? Not much. Last year Babbitt's Fish and Wildlife Service put a moratorium on the listing of endangered species, and he's smiled on the privatization of public assets through land trades, whereby timber corporations get old growth and we get the cut-over terrain. Salmon protection? The Clinton Administration has let the Republicans off the hook on that one, decreeing that the dams on the Snake River won't be breached. Oil leasing off the continental shelf? For Bush/Cheney it would be political suicide. Reagan tried and had to back off. Norton will go after the National Environmental Protection Act, but here again Babbitt and Gore paved the way, with their habitat conservation plans, which have ushered so many corporate foxes into the coop.
Over at EPA, Christine Todd Whitman may be bad, but she's no James Watt; and at USDA could anyone be worse than Dan Glickman, friend of factory farms and saboteur of organic standards?
So, all in all, the Bush/Cheney directorate has done a fine job of rallying the Democrats, just as the Democrats, with their weak-kneed surrender to the Florida putsch and talk of bipartisanship, have given ammunition to the radicals denouncing the two-party consensus. For the activists, there's plenty of opportunity. Militant green groups, including the reinvigorated Greenpeace, are fired up, and right here on the doorstep is the prospect of a national fight for microradio, whose future has been sabotaged by the National Association of Broadcasters. The NAB, with the complicity of that darling of the Democrats, NPR, shepherded through a legislative rider late last year that outlaws new low-power stations in most urban areas.
So we're back where we were in the dawn of Clinton time, with courageous people asserting their rights and defying corporations and the state. What else is new? Welcome to Bush/Cheney time. The basic map hasn't changed.
Why the hell isn't Al Gore--instead of me--doing this?
It's 11:30 in the morning, the third day of the new year, and that's what I am thinking as I sit in a bland conference room on the eighteenth floor of the Stephen P. Clark Government Center in downtown Miami. I am examining the infamous Miami-Dade ballots, the "undervote" punch cards that did not register a presidential preference when processed by tabulation machines on November 7. There were about 10,500 of these ballots (1.6 percent of the votes recorded in Miami-Dade) and up to 60,000 undervotes throughout the state. I've been at it--staring at one ballot at a time--for about two hours. The thrill is gone. The eyestrain has begun.
Only a few people are engaged in this history-making though drudgery-ridden exercise. Six organizations are paying the county $10 an hour for the privilege of reviewing the ballots. Those bothering are an accountant-reporter team from the Miami Herald (which is examining Florida undervotes in all but four small counties), a reporter from the Palm Beach Post, officials from the state Republican Party, a reporter from Inside Edition, several accountants retained by Larry Klayman's Judicial Watch (a conservative outfit that has filed dozens of lawsuits against the Clinton Administration) and yours truly. No Democratic Party officials are participating, and none of the media biggies have shown. A week later, the Wall Street Journal, the Associated Press, the New York Times, the Washington Post and others--rather than mount their own reviews--would form a cost-sharing consortium to examine the state's undervotes and overvotes. (The latter are ballots that were recorded bearing more than one vote in the presidential race; the state Supreme Court recount order did not extend to these ballots.)
There is a whimper-not-a-bang feel to the occasion. We sit at individual tables, and temps hold up the ballots. We are not allowed to touch the cards. We gaze at them, searching for dimples, bumps, bulges, punctures, jagged holes, pen marks, pinpricks, rips and hanging, swinging or dislodged chads. And we can judge the ballots entirely as we choose. As Miami-Dade officials repeatedly note, this is not a "recount"; it is an "inspection."
During three days of review, I will examine and consider the meanings of 3,409 ballots from precincts--including African-American neighborhoods that backed Gore and Cuban-American areas that went for Bush--that split the Gore/Bush vote 55 percent to 45 percent in Gore's favor. (The full countywide tally divided 53.2 to 46.8 percent Gore's way.) And the numbers? How many votes did Gore pick up? Would he have won Florida--and taken the nation--had the Miami-Dade recount not been thwarted by, first, the county elections canvassing board and, then, five Republican-appointed members of the US Supreme Court? Well, not so fast. I'll get to the totals. But here's a teaser: The results of this painstaking manual review contradicted the melodramatic spin of both the Bush camp and the Gore gang. The fundamental assertions pushed by each side--for the Bushies, it was that manual recounts are arbitrary acts of folly; for the Gore crowd, it was that if you count them, he will win--were undermined by these castaway ballots.
I and the other journalists arrived at the government center hoping to gather hard-and-fast answers to the murky questions floating in the wake of the messy presidential election. The Republican officials are present to keep an eye on the reporters. They are collecting ammunition, in case anyone in the media declares that Gore nets the 538 votes he needed to win the state. And Klayman is grabbing television face-time. As the review begins, he raises a fuss for the TV news cameras. He has asked that his accountants be allowed to sit at tables and review punch cards alongside the other participants. He claims he wants to speed up the process. It seems he is more interested in monitoring the inspections of others. David Leahy, the county elections supervisor, rejected the request, and Klayman huffs that the county "must have something to hide." His accusations are curious. Leahy, who holds a nonpartisan position, is a member of the three-person canvassing board that shut down the Miami-Dade recount the day before Thanksgiving, after khaki-clad Republican aides flown in from Capitol Hill mounted a thuggish protest on the nineteenth floor. The board's move enraged Democrats. And during the postelection period, Leahy consistently opposed conducting a manual review. (He says he did not believe a Miami-Dade recount would produce enough votes to alter the statewide results.) So why is Klayman giving him a difficult time? Moments later, Klayman informs me the county is worried because "there are irregularities here." He maintains that I will find such suspicious-looking ballots as punch cards with "chads scotch-taped back in."
As I proceed with the inspection, I do not encounter fraudulent-looking ballots, but I do see cards difficult to explain. This is what I am looking at: a seven-and-three-eighths by three-and-a-quarter inch card of heavy paper stock with twelve vertical rows of numbered boxes running from 1 to 312. Voters were instructed to insert this card into the plastic sleeve of the Votomatic machine. Then they turned through a ballot book that was attached to the device and that listed the various contests and candidates. Every time a page was flipped a different portion of the card was aligned beneath holes in the sleeve. To make their selections, voters stuck a sharp stylus into a specific hole--designated by arrows in the ballot book--to punch out the square-shaped chad of the appropriate box on the card. The first row on the card corresponded to the presidential race, and the candidates were assigned even-number slots. If a citizen voted for Bush, he or she broke the chad in box number 4. For Gore, it was box number 6. For libertarian Harry Browne, it was box number 8. And so on. Then the ballots were tallied by machines that counted the holes in the cards.
At my table Ruth Smith, a 76-year-old retired school aide from Queens, lifts each card. She tells me her son-in-law-the-attorney represents Mark Penn, Bill Clinton's pollster, and her grandson also works for Penn. (If Klayman or the Republicans find out that a woman this close to Clinton's most important adviser is handling the ballots--oh my!) The first eight ballots contain no marks on the presidential row. Then I spot several cards with the chad in the 7 box punched out. "What could this mean?" I ask Ivy Korman, the elections department official supervising the public inspection. "Don't ask us," she says. "We have no idea." Immediately I spot other clearly punched 7s and, soon after, a bunch of 5s. These boxes do not correspond to any selection in the ballot book. (More on this mystery later.) And there are many ballots that have no vote on the first row but are filled with well-defined holes elsewhere. Are these from voters who decided not to stab for a presidential candidate but who participated in down-ballot races? Many ballots contain not a scratch, hole, dent or bump. Did people take the trouble to go to the polling place and then not vote in any contest? The lines at voting sites were long, and some citizens left before reaching the Votomatics. Under the rules, their pristine cards were collected and placed with ballots that had been punched. Other ballots are more baffling: those with pinpricks across the portion of the card that does not match any contest in the ballot book. Some with a clear punch-out at 9, 11 or 13--or all three. Cards with punch-outs forming patterns--such as a straight line across the ballot--that are not in sync with actual races. Not everyone followed instructions. Are these willful political statements? Artistic expressions? Acts of ignorance? Or system-caused errors?
Within minutes I come across the ballots that drew me to this conference room. Here's a 6 that is plainly broken. The chad remains in place, but there is a hole along one side of it. How could this not have been a vote for Gore? Chads are sturdy beasts. They do not break on their own accord. Spend a moment with a ballot card and you will see that the Republicans prevaricated during the recount-a-rama when they claimed that ballots are fragile and handling corrupts them. As Leahy--no friend to the Democrats--says, "You can run a ballot through a reader 100 times and you'll never get any chads inadvertently punched out. The ballot won't disintegrate on the basis of normal handling." The hole on this ballot had to have been placed there. Intent is clear. And Florida law--and the statutes in many other states--says intent is what counts. I judge it an unrecorded Gore vote.
But a few ballots later, I am peering at a card with a slight indentation at box 6. No hole. No penetration. The perforation has held fast. What to do? It doesn't look like a manufacturing error. Did the voter--as some GOP spinners speculated--only consider voting for Gore and then, struck by remorse, withdraw the stylus before executing the final thrust? Unlikely, but possible. Then I spot a ballot with a sharp puncture mark in the chad for box 4, but the chad did not detach and no light shines through. Standards, I need standards.
It is not until I examine a couple of hundred ballots that I can construct guidelines. Regarding the 4s and 6s, I divide them into three categories. The first is for when the chad is absent. Why hadn't these cards been counted as votes? Perhaps the reading machines made a mistake or a hanging chad dropped after the card was tabulated. Also in this category, I place easy-to-recognize holes--puncture marks above the chad, openings that are partially blocked by swinging chads. The second category is reserved for marks that definitely seem a product of an effort to punch the card--deep indentations, punctures that allow a pinhole of light to pass, pushed-back chads that are perforated at spots. A fair-minded person looking at these cards would have to admit deliberate action was responsible for the disturbances. I also toss into this category my favorite anomaly: revolving-door chads. These are cards in which the chad completely turned around but remained tightly in place. The dot is now on the back side of the ballot, which likely means that a push of the stylus point spun the chad, as if it were on an axle. As for category three, it is for ballots with a small but discernible blunt or sharp bulge on the chad--a slightly pregnant chad. These marks are debatable. I record these votes, but I would not include them in a count.
As I continue, I find that my standards are not in accord with the rules adopted by the canvassing board during its aborted manual recount, which scrutinized the undervotes from 140 of the county's 614 precincts. (That review resulted in a net gain of 157 votes for Gore, but the precincts examined were heavily Democratic.) The evaluations of that recount were written on the back of the punch cards, and I see many ballots counted as votes for Bush or Gore that would not pass muster under my standards. On a few of these ballots, the barest bulge--do I see it or am I imagining it?--caused the board to award it to a candidate. (Of course, the lawyers of the other candidate challenged the determination.) These close calls are not irregularities; they are judgments. But the point is obvious: A hand recount should proceed under tight rather than loose standards. Especially in Miami--which has a recent history of vote fraud. During a break, a local reporter regales the out-of-towners with basic facts of Miami-Dade: "We account for 90 percent of the immigration fraud in this country. Twenty percent of our economy is underground. Twenty percent of our water is stolen, through meter bypasses. This is the way we do things here." Several feet from the entrance to the conference room is a sign, copies of which are posted by the Commission on Ethics and Public Trust throughout the government center, that reads, We Care About You! If You Have Information About Fraud, Waste, Corruption in Our Community, We Want to Know. Call Us.
By the end of Day Three, with my eyes screaming, I realize that clear answers will not be forthcoming. Republicans were correct to the extent that an attempt to evaluate certain punch cards does place a reviewer in the position of mind reader. But they were wrong in dismissing the value and legitimacy of hand recounts. It would not be difficult to create strict guidelines for a manual review. Slap each ballot on a light table, see if a beam passes through whatever mark is there. Count any ballot with a partially dislodged chad. Skip the subtle bumps and the maybe-it's-something impressions. And a manual recount of the undervotes need not have taken forever. The Klayman accountants, working at two tables, finished their review of the Miami-Dade ballots in less than three days (and Klayman did not immediately announce any findings). A hand review in Miami-Dade and other counties throughout the state--not only the four counties where the Gore team requested recounts--could have led to a more accurate tally without trampling on anyone's right to due process and equal protection.
Would such a recount have rewritten the outcome? Maybe not. After sifting through a third of the Miami-Dade undervote--a large-enough sample on which to reach conclusions while avoiding eye damage--I discover that 59 percent of the ballots contain no marks for President. Adding up the ballots in categories one and two, I unearth 119 votes for Gore and 114 for Bush. A measly gain for Gore. If category-three votes are included--and I wouldn't advise that--Gore's pickup increases by twelve. (After reviewing 4,000 of the Miami-Dade undervotes, the reporter from the Palm Beach Post discerned a modest boost for Bush.) Extrapolate these figures to the rest of the county, and Gore falls short of erasing Bush's statewide lead.
These numbers say nothing about other counties--where various news organizations have been and will be studying undervote and overvote ballots. And there's another nettlesome matter to consider: those 5s and 7s. In my sampling, 7s beat 5s 389 to 214. It seems reasonable to assume that most 5s were meant to be votes for Bush and most 7s for Gore, for there appear to be only two possible explanations for all these missing-but-unassigned chads. Either voters mistakenly placed the punch cards on top of the sleeve in the Votomatic (doing so lined up chad 5 with the Bush arrow in the ballot book and chad 7 with the Gore arrow) and then punched away, or there was a mechanical problem with the voting machines that caused hundreds of cards to misalign within the devices. Analyzing data from the county, Anthony Salvanto, a faculty fellow at the University of California, Irvine, found 1,012 7s among the Miami-Dade undervotes and 696 5s. Leahy denies that machine error--as opposed to voter error--could have produced these results, but Salvanto identified hundreds of undervote ballots where a citizen consistently punched unassigned holes one spot below those of Democratic candidates--as if the voter had attempted to vote a straight party line and had been undone by the machine. Add the 5s and 7s into the picture, and Gore bags enough votes to put the statewide numbers into question. But what judge would have ordered the inclusion of these votes?
My own review does not produce an unambiguous shift in the Bush/Gore count. Othere media recounts may well do so. But it indicates that accurate hand reviews could have been conducted--and that they had the potential to address, if not resolve, some of the doubt that shrouded the election. When the US Supreme Court halted the Florida recounts, a combative Justice Antonin Scalia wrote, "The counting of votes that are of questionable legality does in my view threaten irreparable harm to [Bush], and to the country, by casting a cloud upon what he claims to be the legitimacy of his election." That is, the American public had to be protected from information. The undervote ballots--though uncounted in the official tally--do speak, and they tell a story: of an election probably decided in part by voting-technology problems, and of election results that cannot be considered to represent definitively the will of the people who voted. These punch cards, which Scalia, Bush and even some time-to-move-on Democrats do not want to dwell upon, ought to cast a long and dark cloud.
Many of George Bush's supporters say that his recent nominations of Colin Powell as Secretary of State, Condoleezza Rice as National Security Adviser and Rod Paige as Secretary of Education prove that he is serious about racial diversity. Moreover, his nomination of a Latino and two white women to his Cabinet suggests that compassionate conservatism boasts enough room for all sorts of minorities. But before we count the votes for Bush's celebrated--or is it calculated?--display of racial leadership, let's at least acknowledge that we may have run into some dimpled chads.
Powell's nomination is a no-brainer, which, as it turns out, may perfectly suit Bush's presidential profile. To take credit for nominating a national hero to extend his stellar record of public service is only a little better than taking credit for inventing the Internet. Powell's halo effect may redound to Bush, but his choice of Powell owes nothing to Bush's fundamental bearing as a racial statesman. Powell and Bush are at significant odds on crucial issues. Powell's vigorous support of affirmative action, his belief in a woman's right to choose and his advocacy for besieged urban children put him to the left of the Bush dogma. To be sure, Powell is no radical. His moderate racial principles are largely acceptable to many blacks because they're not bad for a guy who buys the Republican line, some of its hooks and not many of its sinkers. Unlike Congressman J.C. Watts, the black Republican from Oklahoma who'd just as soon fish all day with his conservative colleagues than cut the race bait. Indeed, Powell's beliefs run the same blush of racial centrism that coursed through the Clinton Administration over the past eight years. The difference is that such moderates, and a sprinkling of liberals, had plenty of company in the Clinton Administration. In a Bush Administration, Powell is, well, a hanging chad.
Of course, Powell's beliefs will have little substantive impact on his future boss's domestic policies, because he has been dispatched to foreign fields where Bush surely needs the help. So what looks like a plum for black folk may be a pit. True, no black person has ever served as Secretary of State. But once we get past the obligatory gratitude black folk are called on to display when conservative whites finally do something halfway decent, the fact is that Powell will have little influence on the public policies that may hamper black progress under a Bush Administration. Powell has not been nominated as Secretary of Health and Human Services, so his input on welfare, for instance, is lost. Instead, if confirmed, Wisconsin Governor Tommy Thompson will practice his widely praised variety of welfare reform, a policy that on both the local and national level has had a horrendous effect on millions of poor blacks. Neither is Powell slated to be the Attorney General, where he may choose the civil rights czar, who carves the policy groove on race in the Justice Department. Instead, that honor may fall to John Ashcroft, an ultraconservative whose opposition to black interests is destructive. An omen of things to come was glimpsed starkly in Ashcroft's contemptuous scuttling of the nomination of black Missouri Supreme Court Justice Ronnie White for the federal bench. Not only is Powell's value to Bush on race largely symbolic, that symbolism will more than likely be used to cover policies that harm the overwhelming majority of black Americans who were never persuaded by Powell to join the party of Lincoln (Continentals).
Rice and Paige may be lesser-known political quantities, but they are nonetheless instructive of Bush's racial politics. Rice, the former Stanford provost and assistant national security adviser for President George H.W. Bush, is not as vocal a supporter of affirmative action, preferring a lukewarm version of the policy that may comport well with Bush's nebulous "affirmative access." At Stanford, Rice was not nearly as aggressive as she might reasonably have been in recruiting black faculty, failing to match the efforts of equally conservative universities like Duke. And her record of advising the senior Bush on national security matters indicates that she was a blue-blood conservative in black face.
As for Paige, his my-way-or-the-highway methods have yielded mixed results for the predominantly black and Latino students in Houston, where he has served six years as superintendent of schools. A proponent of annual standardized tests, a measure heartily supported by Bush, Paige has overseen rising test scores while all but abandoning students who couldn't pass muster. Moreover, Paige supports the use of tax money to fund private education, a policy favored by Bush and many blacks but that could have deleterious effects on poor families. The lure of vouchers is seductive, but it fails to address the fact that there is hardly enough money available to make a real difference to those students whose parents are financially beleaguered.
With Rice's nomination, the point may be that a black can be just as staunch in spouting conservative foreign policy as the next wonk. With Paige, the point is that a black can promote the sort of educational policies that help some black folk while potentially harming a larger segment of the community. It is clear that such a state of affairs does not constitute racial progress. The irony is that Powell, Paige and Rice were chosen in part to prove an inclusiveness that is meaningless if their very presence comes at the expense of representing the interests of the majority of black folk, especially those poor and working-class folk who are vulnerable and largely invisible. The lesson the Republicans would have us learn is that not all blacks think alike, that we are no ideological monolith in liberal captivity. The real lesson may be that a black face does not translate into a progressive political presence that aids the bulk of black folk. Especially when that face must put a smile on repressive policies that hurt not just most blacks but those Americans committed to radical democracy. If that counts as racial progress, we need an immediate recount.
The emerging fight over the McCain-Feingold campaign finance bill, which Senator John McCain has promised to bring up right after George W. Bush's installation as President, has little, if anything, to do with real reform. Rather, this is primarily an intraparty scrap over who will define the early days of Bush's term--Bush and Senate Republican leaders or the maverick McCain with Democrats in tow--and who will determine the new parameters of "bipartisanship." McCain needs sixty votes to stop the traditional filibuster by Republican leaders Trent Lott and Mitch McConnell, and with the turnover in the Senate, the Democratic gain of four seats and the conversion of Mississippi Republican Thad Cochran to the cause, McCain may now have them. But the Republicans may well try, with the witting or unwitting help of a few Democrats, to pass a toad and call it a prince.
The McCain-Feingold bill would do some worthwhile things. It would end the flow of unregulated soft money into national party coffers, codify the Supreme Court's Beck decision pertaining to the use of union dues for political purposes (which organized labor accepts, since it affects only a small number of nonunion members--those who pay dues for certain services and will be allowed to opt out of paying the portion spent on politics) and would possibly include a friendly provision offered by moderate Republicans to restrict how corporations and unions can spend money on political ads aired during the final months of election campaigns. Some Republicans may favor the bill because the Democratic Party is now almost even in the soft-money race. But nothing in it would end the money chase that keeps many good people from running for office; nor would it put a real dent in the process of influence-peddling that defines day-to-day life in Washington. Even at an estimated $457 million in 2000, soft money, the subject of so many New York Times editorials, amounted to only about 16 percent of the roughly $3 billion raised for this year's national auctions--ahem--elections. That's a big jump over the $265 million in soft money raised in 1996 but not much of a change compared with the $2.2 billion raised overall that year.
Feingold is a decent man who courageously called on his own party last summer at its Los Angeles convention to stop unilaterally the outrageous fundraising that goes on at those events. He understands the limits of his bill and is on record firmly supporting full public financing of campaigns, as is now done in Clean Elections states like Maine, Arizona, Vermont and (starting this spring) Massachusetts. McCain, on the other hand, is an excitable right-winger who has ridden the finance issue to unexpected stature. He's a far from reliable ally of reform groups, who are hungry to make some headway against the growing corruption of the electoral process by big money. And there lies the danger.
In order to pass a bill that Bush might sign, McCain has signaled that he may accept, in exchange for a soft-money ban, amendments that would allow an increase, possibly even a tripling, of the limits on hard money an individual may donate. Lots of incumbents--Democrats and Republicans alike--secretly like this devil's bargain, because they think it would make it easier to raise the hard dollars they so desperately need for their campaigns. They also argue, irrelevantly, that inflation has reduced the value of a $1,000 contribution, the limit set in 1974, to $300. The Supreme Court disposed of this argument a year ago, in Nixon v. Shrink, when it upheld even lower limits as a way to prevent electoral corruption, pointedly stating that "the dictates of the First Amendment are not mere functions of the Consumer Price Index."
An increase in the hard-money limits would certainly encourage "buy-partisanship"--the process by which wealthy donors buy one party and get the other free. Fewer than 121,000 people gave $1,000 or more to a winning federal candidate in the 2000 elections, less than 0.05 percent of the population. Tripling the amount they could give would further empower this narrow slice of America, which is disproportionately wealthy, white and male. It could also increase the gap between the business and labor contributions to a whopping billion dollars. Two leading reform groups, Public Campaign and US PIRG, are against any such trade-off, but others, like the business-driven Committee for Economic Development, are for it, with Common Cause somewhere in between. Labor and civil rights groups, their attention focused on Bush's Cabinet nominees, should take heed. The passage of a straightforward soft-money ban would be a good thing--and we'd like to see Congress look seriously at the Clean Election reforms taking root in the states. But this new Congress may try to pass a bad bill, call it reform and hope no one hears the protests.
Something doesn't add up about the new Treasury Secretary nominated by George W. Bush. The supply-side conservatives who live for more big tax cuts on capital and upper-bracket incomes are actively leery about Alcoa chairman Paul O'Neill. Some grumble that he may be a talented corporate manager but that he's ill equipped for the top economic post in the Bush Administration. Meanwhile, George Becker, president of the Steelworkers union, loves the O'Neill selection. "I'm not an economist, I just go on gut beliefs," Becker said. "But Paul is a person working people and labor people can talk to. He is an industrialist who believes in the United States and has maintained a strong industrial base in the United States. I think this is far better than having another bond trader in that job."
Bush's choice has startled many quarters, including Wall Street, because O'Neill comes to the job from old-line manufacturing and with a reputation for independent thinking, albeit in the moderate Republican manner. Above all, he is not a banker or financier--the first Treasury Secretary since the Carter Administration to originate from the business realm that actually makes things (aluminum, in O'Neill's case). Yet, oddly enough, O'Neill is also a government pro. He spent sixteen years as a systems analyst and budget economist in the federal government, rising to deputy director of the Office of Management and Budget under Gerald Ford, before a brilliant business career at International Paper and Alcoa (both multinational companies are reviled by environmentalists--he's not Ben & Jerry's). But unlike the laissez-faire crowd, O'Neill understands the power of activist government to intervene in the private economy and has demonstrated a taste for doing so. At a minimum, he represents a refreshing shift from the free-market mantra that has ruled at Treasury for the past two decades.
"I negotiated with Paul for years--he's very tough but fair--and we've always been able to get a fair, decent contract," said Becker, whose union represents 22,000 Alcoa workers. "I had people I could talk to in the Clinton Administration too. They would listen and tell me how much they understand our pain. Then they went out and deep-sixed us. I like [former Treasury Secretary] Bob Rubin, but Rubin killed us in steel. He would say, Let the marketplace decide. Except, when financial firms got in trouble, they went to the rescue."
In contrast, as a business executive, Paul O'Neill artfully engineered a worldwide rescue for the aluminum industry and persuaded President Clinton to make it happen. Prices were collapsing in 1993 because the former Soviet republics were flooding the world market with cheap aluminum--devastating US producers like Alcoa. The temporary agreement amounted to a government-negotiated cartel--every producing nation reduced its output to prop up world prices--and it worked. Yet the political deal was done so skillfully that few in the media even noticed. And nobody complained about the scheme's contradicting Clinton's free-trade rhetoric. O'Neill knows where the levers are located and how to pull them.
While it would be nice to imagine that the Bush/Cheney team is sending a message about new ideological priorities with this appointment, their motivation is probably more pedestrian--personal trust, not policy. O'Neill comes from the same "old boy" circle of policy advisers that includes Dick Cheney, Donald Rumsfeld and, yes, Alan Greenspan during the Nixon/Ford years. He is a familiar old friend to all of them, experienced and capable, above all loyal. During George Bush Senior's ill-fated presidency, O'Neill took Alcoa out of the US Chamber of Commerce in order to endorse Bush's deficit-reducing tax increase--the one that got the President into permanent trouble with the party's right-wingers. Around the same time O'Neill proposed a $10-a-barrel tax on oil to force greater energy conservation. He supported Bill Clinton's more modest energy-tax proposal, which failed in 1993. He is quite willing, in other words, to break eggs over the GOP's antitax doctrine.
In another season, these qualities would have made for intriguing possibilities, but O'Neill's strongest asset--he's not from Wall Street--might also become a handicap in present circumstances, because the Bush Administration is assuming power amid a breaking storm--the collapsing stock-market bubble and deteriorating economic growth worldwide. Whether this event turns out to be good luck for Dubya or the ruination of his presidency will depend crucially on the smarts of O'Neill and a team of White House economic advisers that includes former Federal Reserve governor Lawrence Lindsey as principal counselor and, presumably, Stanford economist John Taylor at the Council of Economic Advisers. The old boys from business and finance gathered at the governor's mansion in Texas to throw in their advice, a private conversation that did not include the press and public.
The problem is that none of Bush's lead advisers have displayed any special feel for financial markets--especially markets that are scared and imploding. The conservative financial experts I talked with all delivered the same warning. "O'Neill needs to have a serious banker at his side, someone who has done a lot of financial restructurings and bankruptcies," one of them said. "Because that's what is coming."
O'Neill has been relieved of an obvious first challenge--coaxing the Fed chairman into cutting interest rates--because that job was done for him by the frightened financial markets. Falling stock prices and market interest rates, along with plummeting sales and production, delivered a message of terror--the markets' fear that Greenspan was dangerously behind events. He was thus compelled to start cutting rates. Many market players figure it's already too late, however, and Greenspan's wizard status is swiftly evaporating, at least among those who understand what's happening. So Bush's team will begin by blaming Clinton/Gore for the rising unemployment and corporate bankruptcies, while privately nudging Greenspan to keep on easing credit terms. A deep distrust toward Greenspan lingers in the Bush family--a sense that he broke promises and allowed high unemployment to linger much too long after the 1991 recession, effectively dooming George père's re-election campaign in 1992. This time, they will not wait passively on the chairman's wisdom, and Bush Jr. has real leverage he can apply. The seven-member Federal Reserve Board has two vacancies and a third one expected. The White House can surround Greenspan at the boardroom table by appointing friendly critics and even a possible successor.
A recession that comes early in a new President's term--and is over well before he's up for re-election--can wind up as smart political timing, but Bush may lose his Congressional majority in the process. While Ronald Reagan enacted a radical conservative agenda during his first year in office, his popularity sank as the ugly recession worsened; Democrats picked up twenty-seven House seats in the off-year election of 1982. By 1984, however, it was "morning again in America," and the Gipper won in a landslide. If Bush's advisers are as shrewd as they appear, they will push hard for their big ideas up front and, meanwhile, do whatever they must to reverse the economic bloodletting.
The more ominous possibility facing the Bush presidency is that given neglected realities inherited from the Clinton years, this downturn could renew globalized financial crisis in Asia, Latin America or elsewhere. Only this one could not be blamed on "crony capitalism" or other establishment canards. The $360-billion-a-year trade deficit in the United States has kept Japan and many developing countries afloat in recent years, though a long way from genuine recovery. If the United States becomes mired in recession, Americans will buy far fewer imports, and that will reignite financial failures in the exporting nations. Their panic can flow right back into the US financial system, with banks and brokerages demanding another round of IMF bailouts. O'Neill and company may find themselves standing in a circle of bonfires.
The specter of bad times coming does, of course, add momentum for major tax-cutting legislation--a centerpiece in Dubya's campaign--but it's not obvious how Bush's retrograde measure would actually help the economy (40 percent goes to the very wealthy, as that fellow Gore kept reminding us). Some elements, like abolishing the inheritance tax, may even generate drag on economic activity. The Bush team talks like conservative Keynesians, but in the real world, economic stimulus requires steeply progressive tax cuts--putting money in the hands of people who will promptly spend it. That means quick rate cuts or temporary tax credits that skip over the upper brackets for a change and deliver the money to the bottom half of the income ladder. Democrats are wrong-footed by events too. After several years of indulging in Coolidge-Hoover pieties about paying down the national debt, Democrats must scurry now to come up with a progressive--don't say liberal--tax-cutting proposal of their own. Clintonism is over, and they had better shake out the cobwebs quickly, because their choices on who needs tax relief and who doesn't will define them for the 2002 election and beyond.
The essential handicap in using fiscal policy to restart the economy (one that has always burdened Keynesian economics) is the problem of timing. In the best circumstances, it can take six or eight months to enact a major stimulus package, and even if the tax cuts are postdated to January 1, the money arrives too late to stanch the contraction. If Democrats are alert and public-spirited, they will propose a quick, emergency reduction in paycheck deductions with a commitment to support a second, broader tax measure later in the year. They should also call for stand-still protection for those working people drowning in debts who lose their jobs--a temporary safety net that keeps them out of bankruptcy until the economy revives. These and other measures are, of course, way beyond the present imagination of either party. More likely, the tax bill will turn into a special-interest bidding war in which both parties compete to pay back their accumulated obligations to lobbyists and contributors.
The new Republican majority, already frail and dubious, has been taken hostage by these economic portents even before it assumes power. A "normal" recession of brief duration might be manageable. A longer, more profound unwinding will shake the foundations of Republicans and Democrats alike.
President-elect Bush's naming of former Colorado Attorney General Gale Norton as Interior Secretary and recently defeated Michigan Senator Spencer Abraham as Energy Secretary suggests that Republicans haven't learned from the 104th Congress of 1995, when attempts to gut environmental protections helped undermine the short-lived Gingrich revolution. The beliefs that Norton and Abraham shared about natural-resource exploitation are as close as subsurface oil and gas but completely out of whack with their departments' stated missions.
As Colorado's Attorney General from 1991 to 1998 Norton pushed programs of voluntary compliance for industrial polluters and opposed government (and voter) initiatives to counter sprawl. She has been an active advocate for "property rights," the idea that government should compensate developers when environmental laws and regulations limit their profits, while also fighting hard to protect agribusiness access to cheap federal water. Since 1999 she's worked for Brownstein, Hyatt, Farber & Strickland, a law firm that has lobbied for a range of sprawl-promoting clients, including Denver International Airport and the city's new taxpayer-financed stadium for its pro football team, the Broncos.
A four-year veteran of James Watt's Mountain States Legal Foundation, Norton continued to work for Watt after he became President Reagan's controversial ("We will mine more, drill more, cut more timber") Interior Secretary.
In 1998 Norton, along with right-wing activist and BP oil lobbyist Grover Norquist, became co-chair of the Coalition of Republican Environmental Advocates. Dedicated to "free-market environmentalism," CREA included "wise users," property-rights advocates and auto, coal, mining and developer lobbyists. Traditional GOP environmentalists like the late Senator John Chafee refused to join the group.
In 1999 Norton joined the team advising the Bush campaign on developing a conservative environmental agenda. Among those working with her was David Koch of Koch industries, which last year paid a $35 million fine for oil pollution in six states; also Lynn Scarlett, a senior fellow at the antiregulatory Foundation for Research on Economics and the Environment (FREE), which according to the Washington Post lived up to its acronym by holding a series of all-expenses-paid "seminars" for federal judges at a Montana dude ranch.
Norton's commitment to begin oil drilling in the Arctic National Wildlife Refuge (ANWR) could make her the most controversial Interior Secretary since her mentor. On the other hand, the media's focus on her being a pro-choice Republican suggests she'll also support a caribou's right to abort before losing its habitat.
Working closely with Norton as Energy Secretary will be longtime Republican operative and former Dan Quayle staff aide Spencer Abraham, who only last year called for the abolition of the Energy Department (as a cost-saving measure). During his one term as senator from Michigan Abraham fought to limit fuel-efficiency requirements for SUVs, limit renewable energy research, abolish the federal gasoline tax and open up ANWR to oil drilling. While this won him a zero rating from the League of Conservation Voters, it also scored him close to $450,000 in contributions from energy and natural resources industries in his failed re-election bid. Ironically, he has now become a personal example of recycling.
Aligning with Abraham and Norton will be Don Evans, a FOG (Friend of George) oil executive and $100 million Bush fundraiser. As the next Commerce Secretary (another department Abraham wanted to abolish), Evans will oversee the National Oceanic and Atmospheric Administration, the lead agency for America's oceans (which are the source of 25 percent of our domestic oil and 26 percent of our natural gas).
If, following the lead of the oilmen in the White House, Cabinet members Norton, Abraham and Evans should choose drilling, particularly in ANWR, as their first environmental battle (something national green groups believe they will), they could quickly find themselves sinking in a political quagmire of their own creation.
When W. gave the nod to New Jersey Governor Christie Todd Whitman for the top EPA spot in his administration, the tone-deaf national press corps praised the appointment of a "moderate" (largely on the basis of Whitman's inconstant pro-choice positions). A little digging would have revealed that Whitman has been an unmitigated disaster for New Jersey's environmental protection. Under her governance, fines of air and water polluters have plummeted 70 percent. Indeed, after her nomination the head of the Chemical Industry Council of New Jersey praised her to the Newark Star-Ledger for having restored "balance" to the state's enviro policies after the aggressively antipolluter measures taken by her Democratic predecessor, Jim Florio.
Thanks to Whitman's evisceration of state enviro regs as well as a raft of subsidies and tax cuts to developers, suburban sprawl gobbled up more open space and verdant land during her tenure than at any other period in New Jersey's history. Moreover, she decapitated the state Department of Environmental Protection staff by 738 employees in her first three years in office, cut the remaining staff's workweek by five hours, eliminated fines of polluters as a source of DEP revenue and made large cuts in the DEP's budget. That's why the New Jersey Sierra Club's Bill Wolfe has warned that Whitman might "dismantle [federal] EPA and take it out of the enforcement business. I believe that this is precisely the policy Whitman has presided over and legitimized in New Jersey." One mechanism was the Office of Dispute Resolution, which she established to mediate conflicts over environmental issues (usually resolved in favor of business). She also installed an Office of Business Ombudsman under the Secretary of State (the Star-Ledger labeled it "essentially a business lobby") to further grease the wheels of the bureaucracy for polluters and developers, and to act as a counterweight to the DEP.
If Senate Democrats want to take a serious look at Whitman's record in the Garden State, they should start with "Open for Business," a three-part exposé by the Bergen County Record in 1996. After a ten-month investigation, The Record detailed dozens of cases in which Whitman's corporate-coddling policies had circumvented laws designed to protect the environment. Often, those getting favored treatment were big campaign contributors, like Finn Caspersen, then chairman of Beneficial, at the time the nation's largest independent consumer-loan company. The firm got more than $182 million in taxpayer subsidies in the form of road construction designed to ease traffic around its lavish office complex in Peapack--improvements that increased the value of an open 700-acre tract that Beneficial owned nearby. While all this was going on, Caspersen, his family and their political action committee gave the state GOP $143,250.
A more recent example: For the past three years, Roche Vitamin, a manufacturing plant in Belvidere, has been "belching out 300 tons of methanol annually--at least 10 times the rate state permits allow," according to the Star-Ledger. And Clinton's EPA has been fighting Whitman's proposals to further dilute state regs controlling water pollution and coastal development, which would sanction gigantic increases in pollution and hand over environmentally sensitive lands to rapacious developers. No wonder The Weekly Standard's David Brooks praised Whitman's nomination (and that of her anti-enviro counterpart proposed for Interior, Gale Norton) as reflecting the Bush Administration's "corporate mentality."
Whether the Dems have the stomach for a real fight against Whitman is an open question--her nomination has already been endorsed by her state's influential senior Democratic senator, Robert Torricelli. (Says a knowledgeable state Dem: "This is The Torch's way of paying back [Woodbridge mayor] Jim McGreevey," whose aggressive politicking in the gubernatorial race caused Torricelli to abort his plans to run this fall. "With Christie at EPA, McGreevey's GOP opponent, State Senate president Donald DiFrancesco, becomes acting governor and gets a big advantage.") Whitman and The Torch also get campaign cash from many of the same corporate polluters, and such bipartisan influence-buyers are likely to go all out in lobbying Senate Dems on Whitman's behalf.
The surprise selection of Donald Rumsfeld as Defense Secretary provides a clear signal of President-elect George W. Bush's intent to transform radically the military policy of the United States. Of all the candidates considered for this position, Rumsfeld is the most ardent advocate of ballistic-missile defense and a tougher stance toward Russia and China. A longtime Republican activist with markedly conservative views, Rumsfeld is also known for his opposition to all arms-control measures and for favoring the deployment of weapons in space.
Along with other members of Bush's national security team--Vice President Dick Cheney, Secretary of State Colin Powell and National Security Adviser Condoleezza Rice--Rumsfeld can be expected to push hard for the establishment of a full-scale National Missile Defense system. In 1998 he authored a report on ballistic missile threats that ignited the Republicans' current drive for a national missile shield. Now, as Defense Secretary, he will be in a strong position to lead the charge for NMD.
But while NMD deployment will be Rumsfeld's top priority, it is by no means his only major objective. With the blessing of President-elect Bush, Rumsfeld will campaign for a wide range of policy shifts. These will include a greater emphasis on warfare in space, the accelerated procurement of high-tech weapons and a diminished commitment to UN peacekeeping operations. It all looks depressingly like the cold war era, when "national security" meant distrust of all other states and the pursuit of ever more potent weapons.
Rumsfeld's service to Republican Presidents (and presidential hopefuls) goes back to the Nixon Administration, when he became director of the Office of Economic Opportunity after several terms in Congress. While at the OEO, Rumsfeld impressed the White House staff with his managerial skills, and in 1970 he was made counselor to the President. (It was at this time that Rumsfeld developed close ties with Cheney, who had served as his special assistant at the OEO.)
Fortunately for Rumsfeld, Nixon appointed him ambassador to NATO in 1972, thus sparing him from possible association with the Watergate scandal. When Nixon was forced to abandon the presidency, Rumsfeld was brought back to Washington by the new President, Gerald Ford, to serve first as White House Chief of Staff and later as Defense Secretary. Although not remembered for any major innovations during his fourteen months at the Pentagon (late 1975 to early 1977), Rumsfeld shielded the military from any major penalties following its defeat in Vietnam and laid the groundwork for procurement of a wide range of new weapons systems, including the B-1 bomber and M-X missile.
Following the election of Jimmy Carter, Rumsfeld left Washington for the private sector. From 1977 to 1985 he served as chief executive officer and then president of G.D. Searle, a major pharmaceutical corporation later acquired by Monsanto. Several years later, he took control of another large company, the General Instrument Corporation. As at Searle, he slashed costs (mainly by eliminating staff) and boosted profits, giving him a reputation as a skilled, tough-minded corporate manager.
During his years in the private sector, Rumsfeld retained his links to the military establishment (serving for a time as chairman of the RAND Corporation, a prominent military think tank) while developing new ties with conservative figures in the corporate world. Among his close confidants is Theodore Forstmann, a corporate buyout specialist who owned Gulfstream Aerospace (in 1999 he sold it to General Dynamics for $4.8 billion) and managed the buyout of General Instrument, giving Rumsfeld a paper profit of $11 million. Forstmann is also the major figure behind Empower America, a political advocacy outfit boasting many prominent Republicans (Rumsfeld among them) on its board of directors. Described by the New York Times as "a home for Washington's conservative elite," Empower America has campaigned for big tax cuts, space defenses and school vouchers.
Urged no doubt by his conservative buddies, Rumsfeld agreed in September 1996 to take over management of Bob Dole's failing presidential campaign. Although he was unable to secure victory at the polls, Rumsfeld did breathe some life into the campaign by persuading Dole to promise mammoth tax cuts and to adopt a tougher stance on military policy. Under prodding from Rumsfeld, Dole lashed out against President Clinton on his handling of the Iraq situation and called for the deployment of a national missile shield by the year 2003. In this sense, Rumsfeld laid the foundation for George W. Bush's 2000 campaign against Vice President Al Gore.
After the 1996 election, Rumsfeld returned to the corporate world--he took over Gilead Sciences, a biotechnology firm, and sat on the board of several corporations (including Asea Brown Boveri, a giant European electrical firm, and the Tribune Company)--while continuing his support for right-wing military causes. Especially significant was his close association with the Center for Security Policy, a think tank established by former Reagan Administration official Frank Gaffney Jr. to campaign for the deployment of "Star Wars" defenses.
Having gained renewed stature among the Republicans in Congress for his hard-line views, Rumsfeld was selected in 1998 to chair the Commission to Assess the Ballistic Missile Threat to the United States. Composed of six Republicans and three Democrats, the Rumsfeld Commission (as it came to be called) examined classified intelligence data on the ballistic missile programs of Iran, Iraq and North Korea in order to calculate their future capacity to attack the United States. By employing worst-case reasoning to the often contradictory data on these countries' military capabilities, the commission concluded that one or another of the "rogue states" could deploy missiles capable of striking the United States in as little as five years--half the time predicted by the CIA.
Although these findings were challenged by Director of Central Intelligence George Tenet and prominent figures in the arms-control community, the Rumsfeld commission's report was seized upon by Republican activists as incontrovertible evidence that the United States must proceed rapidly with the development of a full-scale missile defense system. This is the "most important warning about our national security system since the end of the cold war," House Speaker Newt Gingrich asserted at the time.
Fearful of being portrayed by Congressional Republicans as ignoring a major threat to US security, President Clinton agreed in early 1999 to proceed with development of a limited NMD system--one aimed at protecting the Western United States against a hypothetical North Korean missile attack--while putting off a decision on actual deployment. But this did little to satisfy the hawks on Capitol Hill, who sought to develop a much more robust system covering the entire nation. At Rumsfeld's urging, moreover, Bush made this a central theme of his campaign.
While a candidate, Governor Bush articulated other themes originally crafted by Rumsfeld during the Dole campaign of 1996. These include a promise to get tougher on Saddam Hussein and other "rogue state" leaders, to pursue the development of new high-tech weaponry and to abjure involvement in UN-sponsored peacekeeping missions. Together, these themes came to represent the skeleton of a new approach to national security--one that favors protection of the United States and its overseas assets rather than, say, the construction of a stable world order or the enforcement of international law.
Throughout the campaign, Bush declared his intention to undertake a sweeping transformation of US military policy. At the very least, this would entail the development and procurement of new high-tech weapons and a greater emphasis on war in space. But more than this, it would involve a shift in the very orientation of US strategy. "Our military requires more than good treatment," he declared at the Citadel in September 1999. "It needs the rallying point of a defining mission."
Although unclear on the details, Bush sketched out the broad outlines of this new mission. In place of the "vague, aimless and endless deployments" of the Clinton era (read: Bosnia, Haiti, Somalia, Kosovo), US military power would henceforth be reserved for more pressing objectives--to protect US national interests around the world and to defeat any power that might be so foolhardy as to threaten these key interests. More emphasis will also be placed on "homeland defense," meaning the protection of the United States from missile attack and other hypothetical threats from rogue states and terrorists.
In announcing Rumsfeld's selection as Defense Secretary, Bush made it clear that he expects his top military official to carry out this strategic transformation. "We must work to change our military to meet the threats of a new century," Bush declared on December 28. "And so one of Secretary Rumsfeld's first tasks will be to challenge the status quo within the Pentagon, to develop a strategy necessary to have a force equipped for warfare of the twenty-first century."
In his response to Bush, Rumsfeld indicated that he has every intention of conducting a major overhaul of military policy. "It is clearly not a time at the Pentagon for presiding or calibrating modestly. Rather, we are in a new national security environment. We do need to be arranged to deal with the new threats, not the old ones."
It is still too early, of course, to calculate all the consequences of this shift in outlook. Many of the initiatives favored by Bush--the development of high-tech weapons, the acceleration of research on ballistic missile defenses--have already been undertaken by the Clinton Administration. But there is no doubt that Bush and Rumsfeld will push much harder for deployment of a national missile shield and for the deployment of weapons in space. They are also likely to abandon the ABM treaty, which prohibits missile defenses of the sort they favor.
In pursuing these policies, the new administration will inevitably inflame US relations with Russia and China, thereby precluding any further progress on arms control. It is very likely, in fact, that Russia and China will respond to US initiatives by expanding their own nuclear arsenals and by forging a closer military relationship. Relations with China will become particularly tense, especially if--as is expected--Bush approves the delivery of new warships and antimissile weapons to Taiwan. The result will be a more unstable and polarized environment, producing exactly the sort of world in which the Republican's instinctive preference for cold war-like policies will find a natural outlet.
The pursuit of missile defense and the abrogation of the ABM treaty will also alienate many US allies, most of whom oppose NMD. One likely result is the further development of an autonomous European military posture, with all that this entails. And, of course, we can expect diminished US support for the UN. Where all this leads is anybody's guess, but it is hard to believe that the final outcome will be a more peaceful world.
The establishment verdict is in: President-elect Bush made an astute choice by tapping Rod Paige, Houston's School Superintendent, to head his Education Department. The New York Times blessed the nomination as "wise," and both major teachers' unions have chimed in with support.
On most of the hot-button questions, Paige is a relatively uncontroversial pick. About vouchers, he has written, "We believe that public funds should go to students, not institutions, and there may be a time when vouchers will be part of the mix." (A limited voucher program in Houston was so modest and so narrowly designed that virtually no one took advantage of it.) Paige is a supporter of "performance pay" for teachers and a fairly strong proponent of a skills-based curriculum, especially phonics, but not to the point where he has openly horrified anyone in the teachers' unions or on the educational left. (Privatization, however, is Paige's one potential skeleton. He contracted with the for-profit Community Education Partners to renovate an old Wal-Mart and take in students expelled from other schools in the district. The Houston Press has reported that CEP falsified academic records to stay in good standing in the district. Paige defends the school, and the local teachers' union loves it because it exiles troublemakers. But when Paige touts the decline in violence in his district, it's important to keep this warehousing policy in mind.)
The basis for Paige's seeming pragmatism, and the core of his relationship with Bush, is "accountability." Both men believe strongly in a descending order of public liability, beginning with the governor, on down to district administrators, principals, teachers and ultimately arriving at pupils themselves: All get measured, and publicly lauded or shamed, by the outcome of the Texas Assessment of Academic Skills, the state-designed standardized test administered annually to public schoolchildren in third through eighth grades. (Passing a tenth-grade TAAS is required before a student can graduate from high school.) Both Paige and Bush staked their reputations on rising TAAS scores, and clearly both would like to see the Texas system--blending autocratic, centralized accountability standards with flexibility on how to satisfy them--bumped up to the federal level. But were the numbers truly what they said they were? And was placing both students and schools on a single-indicator model of performance good for Texas public education?
To begin with, almost none of the independent measures of student performance have confirmed the gains Paige and Bush trumpet on the TAAS. ACT and SAT scores have stagnated, and on the single achievement Bush takes most seriously--early reading ability--the National Goals Panel, by Bush Senior in 1989 to monitor each state's progress on education, found that "between 1992 and 1998 there was no significant change in the percentage of [Texas] public school fourth graders who met the Goals Panel's performance standard in reading." A recent RAND study has come to, at best, mixed conclusions on the Texas "miracle." The most recent compared TAAS scores with the performance of Texas schoolchildren on a national exam. By this benchmark, only the math scores of white fourth graders showed meaningful improvement. The common explanation for these discrepancies has been that emphasis on TAAS, having developed into an institutional mania, forces teachers to teach test-preparation materials in lieu of a full subject curriculum. In other words, instead of receiving an education, students are drilled on how to pass a single multiple-choice exam. Worse, schools now shunt more kids into special ed (where they are exempted from TAAS), hold them back in the ninth grade (to avoid the critical tenth-grade assessment) or even quietly encourage the worst test-takers to stay home on TAAS day (there is no makeup date).
The Bush-Paige system of accountability put such enormous pressure on educators to produce rising scores that inflating special-ed exemptions--and eventually out-and-out cheating by teachers and principals--became scandals. When Paige cracked down on both in 1999, scores went, in Paige's own words, "violently" down. Furthermore, with graduation rates part of the accountability mix, not to mention Paige's own compensation package, a kind of, well, fuzzy math now governs the calculation of who actually completes school. Both a conservative and a liberal gadfly group have protested, independently of each other, for years that Houston's graduation rates are wildly exaggerated, and recently Walter Haney, a Boston College education professor, has noted that "there was a sharp upturn in numbers of young people taking the GED tests in Texas in the mid-1990s." The GED, a high-school-equivalency test, allows students to evade TAAS, and it removes them from the official graduation scorecard.
The simple question to Paige should be: Before we confirm you, and before we move to a Texas-style system of accountability nationally, can you assure us that Houston's educational gains weren't a mirage? That the culture of testing is good for schools? There have been widespread reports of test-prep rallies, school-sanctioned all-night crams, schools forgoing basic educational services to buy expensive commercial study guides.
And testing gets to a deeper commonality between Bush and Paige. As Paige has written, "Nearly three-quarters of Houston's students are disadvantaged, but the factors that make them disadvantaged have nothing to do with ability to learn," a sentiment Bush echoed neatly when at Paige's appointment he said, "He understands that we don't give up on any child, regardless of their background." This sounds caring enough, but it has an edge: Poverty will not be an excuse. This in turn dovetails all too nicely with the culture of testing, which is often Procrustean in ignoring the vastly different social legacies children bring with them to their first day at school.
The tendency to paper over a young pupil's background, as well as the comfort both Paige and Bush draw from purely quantitative, rather than qualitative, measures of a child's well-being, will make a critical difference at the level of policy: Bush has promised to move Head Start from the Health and Human Services Department to Paige in Education, converting it from an antipoverty program for preschoolers into, essentially, a phonics program for early reading. One Head Start founder has already publicly fretted that its broader mission--attending to the health and welfare needs of at-risk children--might be in jeopardy. Notwithstanding the friendly public reception thus far, there should be no shortage of questions for Paige before the reins of federal education policy get handed over.