Showing posts with label conflict of interest. Show all posts
Showing posts with label conflict of interest. Show all posts

Friday, April 24, 2020

Seth Abramson Outlines How Trump's Coronavirus Response Is Related to His Company's Business In China, Huge Loans He Owes China, And The Trade Deal



It's a long thread, but well worth reading.  Abramson has written two books on Trump - Proof of Collusion and Proof of Conspiracy.  He wrote both by stitching together thousands of news reports, pulling together details into a coherent story about Trump's corruption.



What's A Twitter Thread?
It's a group of Tweets linked together that allow the writer to present a longer story than a single tweet allows
The intro of this Twitter Thread goes over some of those stories to put Trump's current actions with China and the Coronavirus into context.

I guess Trump is trying to demonstrate the maxim that if you commit big enough crimes you don't get caught.




Basically, Abramson outlines when Trump learned of the Coronavirus (in November while working on a trade deal with China), that Trump (or his companies) owes China tens of millions in loans that are coming due tsoon, and how all of this adds up to a conflict of interest and using the office of the presidency for personal gain of such a magnitude that it boggles the mind.

And all his antics at the so-called press conferences are simply diversions to not only shore up his base, but also to divert attention from the most serious, but more complicated abuse of office that's going on.

Abramson's background is in law and journalism.  The story is so stupefyingly huge that Trump might just get away with it, because people aren't ready to take the time to put the pieces together.  That's why we need people like Abramson.  Like everything else he does, it's so outrageous that it seems like has to be made up.

I'll give you some of the tweets in this long thread - here's where you can just read it straight through yourself.   













Sunday, July 02, 2017

Connecting Our Hearts And Our Hands - Do You Know Who You Are?

Knowing oneself isn't easy.  Every society, every community projects models of who we should be, what we should do.  When who we actually are, deviates from the social, cultural, political, religious, or economic ideal, those who don't fit the ideal perfectly are alienated from themselves, their community, or both.

I'm sure readers either know what I'm talking about or strongly reject that notion.  I suspect those who strongly reject it are likely to be the ones most denying their own true selves.

OK, let me clarify what I'm talking about.

I've recently finished Amitav Ghosh's The Glass Palace.  It starts out in 1885 in Mandalay, the capital of Burma then, just as the British are moving up from Rangoon to capture Mandalay and exile the King and Queen of Burma to a small town on the west coast of India.  The main character is an Indian orphan who has gotten a job on a ship that ended up in Mandalay.

The whole book focuses on the Indians who served the British empire and the fundamental question (for me anyway) throughout is, "What does it mean to be an Indian?"  Particularly if you are a soldier keeping order among your conquered fellow Indians, and conquering and maintaining order in other colonies like Burma and Malaya?

At times Ghosh is a little heavy handed in this discussion, not that he's wrong, but as a novelist, he could have handled it more subtly.  It's hard tracing the way a person slowly awakens to the fact that he's been a prisoner his whole life.  But it is a topic all people must ask themselves now and then.  Sometimes it's a very heavy burden, sometimes people fit well into the world in which they were born.  Or at least think they do as is the case of Arjun in the book.  ('Think' isn't even accurate, because Arjun is portrayed as taking things as they are and not even consciously aware of who he is.)

He comes from a well-to-do family and got into officer training school, much to his surprise, since this was not something Indians had been accepted into until just recently.  It was a job and adventure to him.   But WWII has started and he's sent to Malaya.  Skipping lots of details, a woman, Allison, he's attracted to abruptly breaks things off.
"Arjun - you're not in charge of what you do;  you're a toy, a manufatured thing, a weapon in someone else's hands.  Your mind doesn't inhabit your body." (p. 326)
He responds, "That's crap."  But the issue comes back very soon when the Japanese surprise the British and their Indian soldiers and successfully invade Malaya (as well as the rest of Southeast Asia.)  He's with a fellow Indian soldier, Hardy, a long time pre-military friend, who has thought these issues through much more as they face the fact that the Japanese have landed.  They've also bombed the Indian troops with leaflets that begin:
"Brothers, ask yourselves what you are fighting for and why you are here:  do you really wish to sacrifice your lives for an Empire that has kept your country in slavery for two hundred years?" (p. 337)

Their peril opens Arjun and Hardy to a probing conversation:
"You know, yaar Arjun, over these last few days, in the trenches at Jitra - I had an eerie feeling.  It was strange to be sitting on one side of a battle line, knowing that you had to fight and knowing at the same time that it wasn't really your fight; knowing that whether you won or lost, neither the blame nor the credit would be yours.  Knowing that you're risking everything to defend a way of life that pushes you to the sidelines.  It's almost as if you're fighting against yourself.  It's strange to be sitting in a trench, holding a gun and asking yourself:  Who is this weapon really aimed at?  Am I being tricked into pointing it at myself?"
"I can't say I felt the same way, Hardy."
"But ask yourself, Arjun:  what does it mean for you and me to be in this army?  You're always talking about soldiering as being just a job.  But you know, yaar, it isn't just a job - it's when you're sitting in a trench that you realize that there's something very primitive about what we do.  In the everyday world when would you ever stand up and say - 'I'm going to risk my life for this'?  As a human being it's something you can only do if you know why you're doing it.  But when I was sitting in the trench, it was as if my her and my hand had no connection - each seemed to belong to a different person.  It was as if I wasn't really a human being - just a tool, an instrument.  This is what I ask myself, Arjun:  In what way do I become human again?  How do I connect what I do with what I want, in my heart?'" (p. 351, emphasis added)

Somewhat later, the Japanese return and as the group flees, Arjun gets hit, but manages to get under cover and his batman, Kishan Singh, pulls him into a culvert where they are hidden.  His leg wound gets bandaged but he's in pain, thinking about what he's heard.
"What was it that Hardy had said the night before?  Something about connecting his hand and his heart.  He'd been taken aback when he'd said that, it wasn't on for a chap to say that kind of thing  But at the same time, it was interesting to think that Hardy - or anyone for that matter, even himself - might want something without knowing it.  How was that possible?  Was it because no one had taught them the words?  The right language?  Perhaps because it might be too dangerous?  Or because they weren't old enough to know?  It was strangely crippling to think that he did not possess the simpler tools of self-consciousness -  had no window through which to know that he possessed a within.  Was this what Alison had meant about being a weapon in someone else's hands?  Odd that Hardy had said the same thing too."(p. 370)
Then he asks Kishan to just talk and he talks about the fighting history of his village.  He says the soldiers went to fight out of fear.  Arjun asks, fear of what?
"'Sah'b,' Kishan Sing said softly, 'all fear is not the same.  What is the fear that keeps us hiding here, for instance?  Is it a fear of the Japanese, or is it a fear of the British?  Or is it a fear of ourselves because we don not know who to fear more?  Sah'b, a man may fear the shadow of a gun just as much as the gun itself - and who is to say which is the more real?" (p. 371)
Arjun is confused.  How could his uneducated batman be more aware of the weight of the past than he himself?  He thinks to himself, fear had played no part in his joining the military academy, becoming a soldier.
"He had never thought of his life as different from any other, he had never experienced the slightest doubt about his personal sovereignty;  never imagined himself to be dealing with anything other than the full range of human voice.  But if it were true that is life had somehow been molded by acts of power of which he was unaware - then it would follow that he had never acted of his own volition;  never had a moment of true self consciousness.  Everything he had ever assumed about himself was a lie, an illusion.  And if this were so, how was he to find himself now?"(p. 372)

It does seem to me that the author, Ghosh, is helping Arjun articulate his thoughts.  But the points are important ones.

We know that African-American soldiers in WWI and WWII began to question their treatment in the US after being in Europe.  Here's a quote that sounds very similar to Arjun's struggle from Philip Klinkner and Rogers Smith, The Unsteady March: The Rise and Decline of Racial Equality in America 167 (2002) cited on the Equal Justice Initiative website.  (The piece starts with civil war veterans and moves up to WWI and WWII.)
“It is impossible to create a dual personality which will be on the one hand a fighting man toward the enemy, and on the other, a craven who will accept treatment as less than a man at home.”1
 Throughout the 20th century women continually questioned their treatment - demanding the right to vote, to own property in their own name, equal pay, access to universities and to jobs.  Gay rights are another obvious example, and listening to Scott Turner Schofield last night telling stories about his transition from female to male I also couldn't help but think of this passage.

But those are obvious examples.

What about white soldiers and veterans, recruited to overseas wars to 'protect American freedoms'?  What happens when they see how much of war is to protect corporate interests overseas, to keep the arms industry profitable?  When they see how many civilians are being killed?  When the realize that their fellow recruits are disproportionately less educated and poorer than the average American?  And when they get home and they can't get adequate help for their war caused physical and mental problems?  Do they start thinking about their true identity and who and what they've really been fighting for?

[Consider the rest of this to be a draft application of the ideas above to current American situations.  I don't want to omit it completely because the points from the book do apply to nearly everyone and I don't want readers to feel they are only relevant to history or to other people.  They're part of being a human among other humans.  But I don't think I've made my points as clearly as I'd like.  So consider the following to be rough notes and any support or thoughtful criticism is welcome, which is always the case.]

But this is really about everybody.  Because as individual people we have individual interests that aren't consistent with what others expect of us.

What about the people who voted for Donald Trump?  How many will ever see how they've been duped for years and years by Fox News and talk radio that panders to their inadequacies and their sense of victimhood?  That they've been baited into hating other victims instead of the perpetrators of their problems?   How do they square their own sense of victimhood with their ideal of personal responsibility?  How do they come to believe that the system is stacked against them when the system has, for so long, been structured to favor them over women and people of color?  They never worried about those injustices.  They're only upset when the playing field is being made more level and they now are losing their advantages over women and people of color in getting jobs and power.  The dysfunctional president we have today was evident throughout the campaign.  There's no way anyone should be surprised at the American disgrace in the White House now, unless their hearts were separated from their hands, as Hardy put it in The Glass Palace.  

But liberals aren't immune either.  I don't want anyone to think I'm setting up a false equivalency here.  From Reagan on, conservative ideology has been part of the national oxygen.  Being liberal takes more effort than being conservative, more consciousness of inequity and of the gap between American ideals and reality.  One has to move beyond an individualist Ayn Rand view of the world and understand the power of mutual cooperation.  (Yeah, I know that's an assertion  that needs lots more back up.  For now let me assert it but I'll need to offer more evidence.  I think it's true and if anyone has some support for me on that, let me know.  Or proof to the contrary.)  But I would argue that people get to their political stances more through environmental influences - family, personal experiences, education, etc. - than by careful, conscious, reasoning.

But group-think infects every group when there isn't active debate and dissent.  And much of the separation of heart and hand is related to personal issues and beliefs that are accepted without analysis - like the myth of the magic of the work ethic to allow anyone to succeed in America.  What America would look like if everyone became a millionaire (in 2017 dollars).  How would all the minimum wage work get done?  And at most (not counting deaths in office) only 25 people can be US president per century.  What happens to the other 10,000 who believed they could be president if they only tried hard enough?  I don't hear work ethic believers talking about how that would actually work if everyone worked hard.

I'm starting to ramble - on topic, but not in a well organized way.  The key here is to think about our own conflicts between self and societal models.  A certain amount of compromise is necessary for people to live in groups, but how much of that is organized oppression of differences for the benefit of those in power?  That, I think is the basic question raised in this Indian/British debate from the book.



Thursday, May 04, 2017

Is Trump Turning Lemons Into Hotels?

The LA Times had a story yesterday about the lifting of a 16 year old ban on lemons from the north of Argentina.
“We were completely blindsided,” said Joel Nelsen, president of the California Citrus Mutual, an industry advocacy group. “They just flat-out ignored us, and that’s completely unacceptable.”
That doesn't sound like the Trump who was going to protect American business and agriculture from unfair foreign competition.

Meanwhile, a November CNN Money piece talked about Trump and his daughter's post election phone call with the president of Argentina.
"The question is whether Donald Trump and his children are using their newly found political power to push the deal across the finish line. It would raise questions of yet another conflict of interest between Trump's business empire and the White House.
Trump spoke to Argentina's president, Mauricio Macri, on November 14 and Ivanka Trump also briefly came on the call, according to Macri's spokesperson.
The two go back a long way. Macri has a similar background -- his father was a billionaire real estate developer, and the Macri family did a real estate deal with Trump in New York in the 1980s. Macri and Trump were friends at the time, and Macri has known Ivanka since she was a kid."
But maybe we shouldn't jump to conclusions so fast.

The LA Times article on the lemons goes on to say:
"In December, President Obama’s administration said it would lift the ban, which had been imposed after complaints by producers in California that the Argentine lemons carried diseases.
But a month later, Trump’s administration issued a 60-day stay on the decision. That stay had been extended, stalling the return of imports from one of the world’s top lemon producers to its largest market."

So this was something that was already decided by Obama, and Trump stopped it for two months.  OK, at this point, Trump is going against Macri's interests and is with the lemon farmers.  Then it goes on:
“We [the lemon growers] disagreed with the Obama administration, but this rule now belongs to the Trump administration and it flies in the face of the administration’s priorities, which are to protect domestic agriculture, U.S. businesses and U.S. jobs,” Nelsen said. [Nelsen is the spokesperson for the lemon growers]
He [Nelsen] also said serious questions remain about the hazard posed by pests that could hitch a ride on Argentine fruit and damage U.S. groves.
The article mentions that we get lemons from Mexico and Chile.  Do they have better pest inspection and control than Argentina?  Or is this just 'fake news' from the California lemon industry to stop a competitor?  Good questions to pursue.

The CNN article, further down, also raises questions about the relationship between Macri and Trump.
"The two haven't always been close though. Macri threw his support behind Hillary Clinton in September."

So we don't really know all the details and motivations.  It could be that Trump held up Obama's change of policy to retaliate against Macri for supporting Clinton (who, like everyone else at that time, thought she would win.)  And now perhaps they have made up and part of the negotiations included lifting the lemon ban in exchange for hotel approval.  We don't know.

This is why so many of us are angry that Trump ignores legal and ethical standards that he  should divest his business interests and that his kids play such a big role in the business and the administration.

Even if he did everything totally above board - something that is hard to picture - there would still always be the appearance of conflict of interest, and the appearance that Trump is using the presidency to improve his business.

But Trump rejects that.  The November CNN piece ends with this quote from Trump:
"Prior to the election, it was well known that I have interests in properties all over the world. Only the crooked media makes this a big deal!"
Trump seems to think he can badmouth anyone, but if anyone turns the tables, it's a lie.  No matter what the real motivations for the lifting of the lemon ban, this man is seriously ill.

Sunday, March 05, 2017

Remember That Muslim Kenyan? It Seems He Tapped Trump's Phone Too

Let's see.  The next step will be a call to have him removed from the US as an illegal alien.

The New York Times is reporting that FBI director Comey wants the Justice Department to deny Trump's claims:
"The F.B.I. director, James B. Comey, asked the Justice Department this weekend to publicly reject President Trump’s assertion that President Barack Obama ordered the tapping of Mr. Trump’s phones, senior American officials said on Sunday. Mr. Comey has argued that the highly charged claim is false and must be corrected, they said, but the department has not released any such statement."
I found the next sentence interesting for what it tells us about Comey (assuming, of course, this is accurate at all):
"Mr. Comey, who made the request on Saturday after Mr. Trump leveled his allegation on Twitter, has been working to get the Justice Department to knock down the claim because it falsely insinuates that the F.B.I. broke the law, the officials said." (emphasis added)
Back in October when he told the world about reopening the Clinton email investigation, he wrote to FBI  employees:
"Of course, we don’t ordinarily tell Congress about ongoing investigations, but here I feel an obligation to do so given that I testified repeatedly in recent months that our investigation was completed." (emphasis added)
Comey seems to have a strong need to protect his own reputation, which may skew his judgment.  

Back to the phone tapping allegations, the Washington Post fact-checker searches down references to FISA court requests and gives Trump four Pinocchios.

Sounds to me like the heats on over Russia and Trump's using his usual tactic of a diversionary attack to get people's attention off Trump.  I guess his mother didn't read him the story about the boy who cried wolf.  

Thursday, August 22, 2013

Condom Law For Porn Films Doesn't Violate Free Speech, But . . .

I reported here last November that Los Angeles Country voters were voting on a law requiring condom use by actors in porn films.  The law was quickly challenged by some film makers.  And less than a year later a court has ruled.   The LA Daily News reports:
A federal court judge delivered a mixed ruling to the adult film industry late Friday, saying that while making actors wear condoms during porn shoots doesn’t violate the First Amendment, enforcing such a law raises constitutional questions.
So, it seems, the health benefits outweigh the First Amendment rights to make sex films without condoms.  However, there are apparently some problems with how the county will enforce the law.
“Given that adult filming could occur almost anywhere, Measure B would seem to authorize a health officer to enter and search any part of a private home in the middle of the night, because he suspects violations are occurring. This is unconstitutional because it is akin to a general warrant,” Pregerson wrote
Conflicts between different values, in this case freedom of speech and reasonable rights to privacy versus health, are what make life interesting, and why we regularly have to find ways to balance the tensions between different values.

My guess is that the film maker's real value is money, not free speech.  That's just the legal concept he needs to get this to court.  When it comes to balancing a business owner's right to make more money against the health of the employees, I'd tend to lean toward the health of the employees.  But even then, the judge is going to have to weigh the amount of money to be lost against the severity of the health risks. 

But apparently there will be appeals. 

Thursday, March 18, 2010

Info Security Plan and Candidate Ineligibility at State Affairs

(H)STATE AFFAIRSSTANDING COMMITTEE *
Mar 18 Thursday 8:00 AMCAPITOL 106
*+HB 394 EXECUTIVE BRANCH RECORDS SECURITY TELECONFERENCED
=+HB 53 CANDIDATES INELIGIBLE FOR BDS/COMMISSIONS TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED


I don't think the details here are that important so I'll summarize.  Rep. Keller has a bill to require the Commissioner of Administration to be the Chief Information Officer as well and to make the Department of Administration responsible for security of records.

[Photo:  Rep. Keller and aide testifying, Reps. Gruenberg and Petersen in the background.]

There were lots of questions about definitions, about the benefits and drawbacks of centralization, and answers from Deputy Commissioners  Rachel Petro and Kevin Brooks. My basic sense, and I talked to Dept. Commissioner Brooks afterward, was that overall, the Department is already doing most of the stuff the bill requires - setting up security plans and protocols and coordinating the policies of all departments. They, in fact, said that while there needs to be one general set of policies and standards, the various agencies also need some leeway to be sure they can meet various federal standards with which some of their programs must comply. What this bill would do is confirm in statute what is already happening, and formally place the overall responsibility with the Commissioner of Administration.

The bill passed out of committee.


HB 53 CANDIDATES INELIGIBLE FOR BDS/COMMISSIONS
Sponsor Rep. Doogan who presented the bill to the Committee.  There was some question for a while about exactly what problem the bill was solving.  Basically the bill would require that people serving on 98 specific State Boards and Commissions (the number 120 was also mentioned, so I'm not completely sure) would have to resign if they decided to run for state or federal office.  They also would have a one year waiting period before they could get back on a board.  The intent, as I understood it, was threefold:
1.  So that people weren't in a position to solicit campaign funds from people subject to decisions of the board they served.
2.  To make sure there was no perception of a conflict of interest by the public.
3.  To not give a candidates 'a leg up' from the State when they run for office
An aide also mentioned that the Department of Law had noted that there is a potential separation of powers question the way things work now.

Questions revolved around whether this would make it even harder to get good people to sit on boards and commissions as well as on details about how it would work.

There was also a bit of good-natured humor.  Rep. Gatto was suggesting that public minded citizens who served on boards would be penalized for running for office.  Then Rep. Johnson came to Rep. Doogan's defense.
Johnson:  I think Rep. Gatto gave us a great example of why someone should resign.  If you have a group you could help, those folks would contribute.  Win or lose, that guy will either be on the Board of Fish or the legislature.  That's why I think this is a good piece of legislation.
Doogan:  Could we have Rep. Johnson repeat what he said? 
The bill was held to clear up a few technical issues that arose. 



Photo:  Outside (or sometimes inside) all the conference rooms there's a little table with copies of the bills and other related materials plus a sign up sheet for people who want to testify.

Wednesday, March 12, 2008

Land Conflict ความข้ดแย้งเรึ่องที่ดิน

Consider this a work of journalistic fiction for the time being. I was there, I understood some of what was said, some was explained, during and after, but I still have lots of questions.

Monday, Bing asked if I wanted to go back to the second village we visted Monday. They were going to resurvey the land. I always say yes. I usually have little or no idea where they are taking me. I'm starting to ask more questions.

Summary

Here's a brief synopsis of what I think happened. The 'rich' (I'm hearing the story from the farmers' side, so it is the poor farmers having their land stolen through the corruption of the rich) companies were having the land surveyed. The farmers blocked the survey in the morning. We arrived around noon, took about seven of the villagers about 20 kilometers to the district land office. About 50 more villagers were already there. The group went into a large open air hall where the land office was clearly ready. The spokesman for the farmers put up some charts, took the mic and started into his articulate arguments. Then the head of the land office replied. He was polite, he listened carefully when S spoke, nodding his head demonstratively and smiling on occasion. He spoke with deference and authority at the same time. He said
กฎหมาย (law) often, which I took as a bad sign. He was apparently referring to the law, and I'd been told that the rich guys had an official title to the land, but which the farmers alleged was fake and bought from corrupt officials because they already owned the land.

Some people from the audience spoke and/or asked questions which the official answered , again seriously and with deference. A representative of one of the companies spoke and answered a few questions.

The audience applauded politely for all the official speakers.

Then farmers went back to the tree outside the building, where there was some thank yous and discussion of what happened. Then people got back into pickups - I saw three with at least ten in the back of the pickups - plus ours. We dropped people off back in the village where they went through copies of land titles, and then drove home.

The conversations with Bing afterward led me to believe that the representative of the company (who apparently wasn't with the company when the land was acquired) said that the company thought they were buying forest land and it is possible that they were swindled by the person who sold them the land. If that is an accurate description of what Bing said, then it was a concession to the farmers. But I have no idea of how Thai law works, except I do know that powerful people tend to win over people who have no power. Not much difference from other places.

That was easy. I should do more summaries. OK, now I'll add the pictures, video, and some details of what I think Bing said happened.




Bing in the driver's seat.












This huge reclining Buddha is on the mountain side where you turn off the highway into the area of the village.









Although, it is still the dry season, areas near rivers are able to irrigate for rice. Other fields wait dry for the rains.










We are almost at the headman's house.















The headman had lunch ready - not for us - and invited us to join him.













Bing had brought some maps of the village area and the men gathered there looked through them and picked out the two that covered most of the land.





We drove to the land office with three people in the bed of the pickup and three more (besides Bing and me) in the front. About 50 farmers were already there waiting for us under the big tree.





We all went into hall, took chairs, and sat down.

























The village spokesman spoke.












Here are several pictures of the land office official responding and the audience listening. I thought I had a picture of the company representative, but I must have erased it. I did save some on another computer and maybe I can find that for the video.


















Afterwards, people gathered under the tree again, piled into the pickups and left.







We took some people back to the headman's house where they dug out old land documents to review what they had. Then we left.

Wednesday, January 16, 2008

Conflict of Interest - California Supreme Court Judges' Portfolios Deny Citizen Justice

From and AP story in yesterday's Anchorage Daily News


For years, Braxton Berkley was exposed to chemicals while helping build top-secret military planes at Lockheed Martin's storied Skunk Works plant. He says those chemicals made him ill - but his case reached a dead end at the state's highest court.

The California Supreme Court has refused to hear his appeal not on legal merits, but because four of the seven justices cited a conflict of interest because they controlled stock in oil companies that provided some of the solvents at issue in the case.
Conflicts of interest are natural. They occur when our personal obligations conflict with our public or professional obligations. They aren't inherently bad. They are potentially unavoidable. People's public and private lives sometimes, unforeseeably come into conflict. But people whose personal interests and obligations are going to frequently and significantly interfere with their ability to perform their public duties, simply shouldn't run for office.

The California Supreme Court is an example of personal obligations not only conflicting, but totally thwarting what they are there to do. Mr. Braxton's right to appeal has been denied, because the court members have conflicts of interest. Not all cases get accepted by the Supreme Court. But if this case was otherwise accepted and is now rejected because of the conflict of interest, then this is completely unacceptable. Their portfolios are more important than their duty to provide justice.

The article says:

It's common for at least one justice to bow out of a case because of a financial or personal conflict. California Chief Justice Ron George, for instance, recuses himself from cases handled by the prominent law firm where his son practices. In those situations, an appellate judge is temporarily appointed to the Supreme Court to hear that case.

George said the remaining justices decided to dismiss the case because they were concerned that a Supreme Court ruling made with a majority of temporary justices wouldn't hold the same weight as an opinion of the permanent court.

Maybe it would be a better decision. And what happens to Mr. Braxton is also important.

Other options include selling the offending stock or resigning from the bench and postponing the case until there are enough new justices without such conflicts. I realize that is may sound extreme, but overall, we've become much too forgiving to public office holders' needs to make money outside of their offices.

Regular readers of this blog know I usually attempt to lay out as many of the cards as I can and just let the reader make her own opinion. And I can give lots of reasons why there might be good people kept out of office by the various restrictions and disclosure requirements. And I think we should pay our elected officials enough so they don't have to go looking for outside payments. But overall, people whose work or whose fortunes are going to create conflict after conflict simply shouldn't run for office. The work got done before these justices were on the California Supreme court and it will get done when they leave. They aren't indispensable.

Overall, I think it is a great embarrassment that these justices felt it was ok to dismiss Mr. Braxton's case because, well, you know, too many of us have a conflict of interest. You know, it happens. Well it shouldn't.

OK, I shouldn't get quite so righteous from reading one article which may have left out some crucial information. But this is a sore point for me - officials who think they are so important and so indispensable that we should make allowances so that on the side they can make lots of money. On the other hand, I don't see anything wrong with public officials juggling with the schedule to attend significant events in their families.

Saturday, October 20, 2007

Thoughts on the Alaska Political Corruption Trials - Part I Conflicts of Interest, Undue Gain, and Improper Influence

Most people who talk about ethics tell us that public officials and administrators must avoid ‘conflicts of interest.” This is the standard mantra. I’d argue that they CAN”T avoid such conflicts. They are built into being human. There is always the potential for a conflict between our personal and professional obligations. The key is what we do about the conflict. The main potential problems stemming from conflicts of interest are:

  • Undue Gain
  • Improper Influence

Undue gain is perhaps easier to understand if we talk about due gain first. This is what a public administrator or elected official receives in compensation for completing the job duties in the manner set out by contract, policy, law, etc. Generally it includes monetary payment (salary, per diem, etc.), benefits (health insurance, specified leave time, etc.), and possible benefits related to the job (minor use of a copier, tuition waiver for university employees, for example). Anything beyond that is UNDUE gain - extra payments or gifts to do the job one is already being paid for, special treatment of services (free tickets, meals, etc.)

Improper Influence is also easier to understand if we talk about proper influence. Normally, when an administrator makes a decision it is based on some set of decision rules. These could be specific criteria to get, say, a building permit. They could be based on a standard or procedure established for hiring new employees. There are also more general policies and procedures for how to spend money, and rules to prevent unlawful discrimination and privacy violations. Or they could be professional standards (for engineers, attorneys, or nurses, for example) or even unwritten, but known customary procedure. As you go higher up the organization, the decisions are less concerned with individual cases and more with general policy. Policy often takes one into unknown territory and there may not be specific guidelines on how to make decisions. But there will be procedural rules that, ideally, are intended to make the process open and fair. And there are basic management standards and techniques for anticipating and evaluating things like costs and benefits. Improper influence is when you take into considerations factors that are not in the sanctioned decision making criteria, such as whether taking a certain action will benefit oneself and/or one’s friends.

So if we look at the Anderson and Kott cases, we see in the bribery and extortion convictions, that they had undue gain - money and other benefits to do what they were already being paid for by their legislative salaries and per diem. There was also improper influence. The decisions they made were colored with more than the public interest and objective analysis of the issues; they also considered what their benefactors wanted them to do. And while both Kott and Anderson argued that these were decisions they would have made anyway, since they were consistent with their ideology, it is clear that they might not have pursued their positions with such zeal, and that they might have spent more time on other issues their constituents needed.

But it isn’t simply black and white. If a contractor who wants to do business with a government agency leaves a pen with the company’s name on it after a meeting, is that undue gain? If a law firm that does business with the Municipality of Anchorage sends a fruit basket to the Legal Department in December, is that going to lead to improper influence?

Here’s where we see how conflict of interest is a basic tension embedded in our culture (and most others.) Our personal lives are ruled by values of loyalty. Family and friends take priority over strangers. We give gifts and do favors that we freely exchange with people close to us. But when we go into public office, we are expected to make decisions based on the rule of law, on equal treatment to all (rich or poor, stranger or friend). So when people from our personal lives are also involved in our professional lives we have two different standards in conflict. But even strangers we come to know through our jobs should be treated politely and with respect - as people, not as objects. There are human decencies - exchanging pleasantries and doing minor favors - that we do naturally for people we come to know.

Those with an interest in specific governmental decisions take advantage of these impulses to be friendly and helpful. There was a great deal of testimony that Tom Anderson was a naturally friendly guy, eager to help out, to please. Lots of examples. His defense attorney argued that was all he was doing for Prewitt and Bobrick. Other legislators have told me, "I can't be bought for a $10 lunch." In fact they sound like they have been personally insulted when such actions are criticized. "I have to eat. This gives me a chance to talk to my constituents while I'm eating. I'm actually giving up my time." But if we stand back and look at it in terms of improper influence and undue gain, that answer doesn't hold up. If you have to eat, why not pay for your own lunch? Just say, "Fine, let's have lunch, but I pay my own way." If they pressure you or ridicule you, they are really testing your resolve and willingness to play ball. Even if the cost of the lunch doesn't have an effect on your action, the 90 minutes of private time to tell their side of the story, to give you their facts, in private, without someone with a different view their to challenge the accuracy of their facts may well influence your vote.

Of course my argument flies in the face of what's practical. Legislators must listen to constituents, usually in private. They also listen to proponents and opponents of various legislation well before the topic comes up in on the official public chamber. But these one sided conversations mean that legislators often only hear one side of an issue. One way to counter this is to have legislators imply publicly post their work calendars so all people can see how much time they've spent talking with whom. More work? Not too much. They pretty much have to keep a calendar anyway, and logging phone calls is good business practice, and caller id makes this easier to do. Perhaps no one would even look at the information. But at least it should be discussed with an open mind.

The point is to to have legislators themselves question business as usual, to look critically at "how we've always done it" against the dangers of undue gain and improper influence.


I'm going to try to write a series of posts looking at issues relating to understanding corruption using what has come out in the political corruption trials in Alaska. The theoretical framework is based on: Steven E. Aufrecht, “Balancing Tensions Between Personal and Public Obligations: Context for Public Ethics and Corruption” in Dwivedi, O.P. and J. Jabbra (2007) Public Administration In Transition: A Fifty-Year Trajectory Worldwide, Vallentine Mitchell Publishers