Monday, August 26, 2019

Warren Has A Plan To Stop Federal Government Corruption


The chart above is from the Pew Research Center. It shows that the public's trust in the federal government has dropped sharply in the last half-century -- from about 78% in the mid-60's to a current level of only about 17%.

This is due to a growing government corruption. While citizens once believed that most government officials tried to do what was best for the country and its citizens, they now believe those officials do only what is best for themselves. They are corrupt.

That corruption starts with the executive branch, where the president and many of those he has appointed make up the most corrupt administration the nation has seen. In both houses of Congress, corruption in an epidemic with legislators becoming rich (or richer) from their government service. And it even extends to the Supreme Court, where justices routinely vote in favor of corporations in which they have investments.

Senator Elizabeth Warren recognizes the vast amount of government corruption is a serious problem. But instead of just recognizing the problem, she has proposed a solution -- a plan to get rid of the corruption and restore Americans faith in their government. Here, in her own words, is her plan:

Our national crisis of faith in government boils down to this simple fact: people don’t trust their government to do the right thing because they think government works for the rich, the powerful and the well-connected and not for the American people.

And here’s the kicker: They’re right. . . .

Our government systematically favors the rich over the poor, the donor class over the working class, the well-connected over the disconnected.

This is deliberate, and we need to call this what it is – corruption, plain and simple. . . .

I’m introducing the most ambitious anti-corruption legislation proposed in Congress since Watergate. This is an aggressive set of reforms that would fundamentally change the way Washington does business. These reforms have one simple aim: to take power in Washington away from the wealthy, the powerful, and the well-connected who have corrupted our government and put power back in the hands of the American people. . . .

Let’s face it: there’s no real question that the Trump era has given us the most nakedly corrupt leadership this nation has seen in our lifetimes. But they are not the cause of the rot – they’re just the biggest, stinkiest example of it.

Corruption is a form of public cancer, and Washington’s got it bad. It’s time for treatment, time to isolate and quarantine the ability of big money to infect the decisions made every day by every branch of our government.

This problem is enormous – but we’ve dealt with enormous problems before. We just need some big reform ideas and a willingness to fight for real change. So here’s the First Big Change – Padlock the revolving door between big business and government.

Ban elected and appointed officials from becoming lobbyists after they leave office. Not for oneyear. Not for two years. For the rest of their lives. Sorry, Billy. No more Congressman Pharma.

And no more pre-bribes like the Gary Cohn giveaway. No special deals for millions and millions of dollars to the policymakers who will be in a position to pay back their old employers.

We can also lock the revolving door for people who have led a company that got caught breaking the law or anyone who worked as a lobbyist for any corporation. A six-year time-out before that lobbyist or outlaw CEO can take a job in government. And we can limit the ability of America’s biggest and most powerful companies to gain unfair market advantages from vacuuming up every former regulator on the market.

Sure, there’s lots of expertise in the private sector, and government should be able to tap that expertise. And, yes, public servants should be able to use their expertise when they leave government. But we’ve gone way past expertise and are headed directly into graft. Padlock the revolving door.

Here’s my Second Big Change: Stop self-dealing by public officials

If a person works for the government, then that work should serve the public. No making policy decisions to help yourself instead of taxpayers.

Right now, that problem begins with a President who may be vulnerable to financial blackmail from a hostile foreign power and God knows who else – a President and his family who may be personally profiting off hundreds of policy decisions every day – but we don’t know, because he won’t show us his tax returns and won’t get rid of his personal business interests.

The truth is, it’s insane that we have to beg the President of the United States to put the American people ahead of his own business interests. Insane.

Presidents should not be able to own companies on the side. And we shouldn’t have to beg candidates to let the American people to see their financial interests. That should be the law – not just for presidential candidates, but for every candidate for every federal office.

While we’re at it, enough of the spectacle of HHS Secretaries and herds of congressmen caught up in insider trading schemes. It’s time to ban elected officials and senior agency officials from owning or trading any company stocks while in office. They can put their savings in conflict-free investments like mutual funds or they can pick a different line of work.

Third Big Change – End lobbying as we know it.

The term “lobbying” has been around for nearly two hundred years. And our Constitution protects “the right of the people...to petition the Government for a redress of grievances.” But as recently as the 1970s there was no real corporate lobbying industry. There were lobbyists here and there, but there were not enough to fill a school bus.

Today, the national Chamber of Commerce spends tens of millions of dollars to block policies that threaten the profits of a handful of America’s richest corporations.They currently occupy an enormous building facing the White House, a sort of visual alternative to the government elected by the people. But back in the 1970s, the Chamber had no presence in DC to speak of. That started to change in 1972, when a hotshot corporate lawyer named Lewis Powell wrote a secret memo for the Chamber.

The Powell Memo declared that the free enterprise system was under assault and urged the Chamber to mobilize America’s biggest businesses and establish themselves as a political force to be reckoned with.

It was a declaration of war on democracy. Powell called on corporations to raise armies of lobbyists and descend on Washington. And, boy, did they respond.

Today, lobbying is a multi-billion-dollar industry –more than $3.3 billion in 2017 alone. More than eleven thousand registered lobbyists are deployed to work day and night to influence our government, largely on behalf of wealthy clients. And, by the way, that memo worked out pretty well for Lewis Powell too—a few months later, he was named to the Supreme Court.

Nobody would argue that companies have nothing to contribute to our democratic process. Of course they do. But today, lobbyists working for the wealthy and well-connected crowd the halls of government like it’s happy hour every hour. And particularly in Congress, where staff budgets and in-house expertise continue to shrink, it’s easier than ever for them to simply overwhelm our democracy so that the lobbyists—or the lobbyists’ paying clients—are the only ones whose stories get heard.
That’s not how a government of the people—all the people—is supposed to work. So let’s fix it.
Start by fixing the Swiss cheese definition of a “lobbyist.” Require everyone who gets paid to influence government to register.

And bring lobbying out into the sunlight. Make every single meeting between a lobbyist and a public official a matter of public record. Require public disclosure of any documents that lobbyists provide to government officials. Put it all online. And if that seems overwhelming—too many meetings, too many company-drafted bills, too many love notes—think about what that means is going on in the dark recesses of our government right now.

Put a windfall tax on excessive lobbying, to ensure that when companies spend millions trying to stop the government from protecting the public, the cops on the beat get more resources to fight back.
And while we’re at it, let’s strengthen the government’s independence from lobbyists. Raising Congressional salaries to track other federal officials would mean that low-paid staffers don’t feel compelled to audition for jobs with influence peddlers when they should be standing up to them.

Finally, let’s just plain get rid of some of the most corrosive and dangerous lobbying practices. The trial of Donald Trump’s campaign manager has exposed how foreign governments hide their efforts to influence the American government through lobbying. We should ban Americans from getting paid to lobby for foreign governments—period. If foreign governments want to express their views, they can use their diplomats.

One more piece: End legalized lobbyist bribery by prohibiting lobbyists from writing campaign checks or giving personal gifts to anyone running for or holding federal office.

Reining in corporate lobbyists will make a big difference. But there’s more.

Too often, decisions in the federal agencies charged with implementing our laws end up captured by the very same corporate giants that they’re supposed to be keeping in check. It’s time for that to stop. Corporations should have a seat at the table, but they shouldn’t take over the whole restaurant.

And that’s my Fourth Big Change – End corporate capture of rulemaking.

Start by empowering beleaguered agencies to stand up to well-heeled corporate giants that don’t

want to follow any rules.

When someone lies to a court, we call it “perjury.” But, too often, when companies lie to regulatory agencies during the rulemaking process, they just call it “analysis”—and no one bats an eye. Meanwhile, Donald Trump’s EPA has the gall to try to block objective, high quality science from being considered in the rulemaking process.

Enough of this garbage. Prosecute companies that knowingly mislead government agencies. And stop the practice of companies paying for sham “studies” designed to derail the rulemaking process. Instead, let’s force anyone who submits a study to a regulatory agency to disclose who’s paying for it and who’s editing it. If studies with financial and editorial conflicts don’t meet minimal methodological standards, throw them out before they disrupt the process.

Fifth Big Change – Restore faith that ordinary people can get a fair shake in our courts.

For starters, strengthen the code of conduct for all federal judges – no stock trading, no payments from corporations for attending events, no honoraria for giving speeches, no lavish getaways and fancy hunting trips funded by billionaires.

And I mean all federal judges, including Supreme Court justices. I’ve heard Supreme Court justices say we should just trust that they’ll be ethical all on their own. Yeah, right. I watched as Justice Gorsuch trotted over to Trump International Hotel to give a speech sponsored by a political organization that has worked for decades to break the backs of unions. A few months later, Justice Gorsuch delivered the deciding vote to crush public sector unions. What union member believed that her side actually had a fair hearing? There’s a reason judges should be required to avoid even the appearance of favoritism.

The courts should also be more open. Individuals and small businesses should be able to have their day in court. Americans should be able to see easily what’s happening in the judicial process. Public filings should be easier to access online and free to the public. And it’s ten years’ past time for us to start audio livestreaming federal appellate and Supreme Court proceedings.

Finally, Big Change Number Six--Hire a new independent sheriff to police corruption.

There are dedicated public servants that enforce our ethics laws, but they have less authority than security guards at the mall. Build a new anticorruption agency to make sure that all key federal officials—even powerful Senators and Presidents—file disclosures and get rid of conflicts. Close up the loopholes in federal open records laws. This agency can shine floodlights on government actions and empower the public and press with new tools to help safeguard our democracy.

And we can do our best to insulate the sheriff’s office from partisan politics and give it the tools it needs to seriously investigate violations and punish offenders.

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