Category Archives: Government Transparency

Quote Of The Day

From the LA Times, a story about the LA City Council. Electronic auto-voting allows council members to avoid actually attending council meetings, much to the chagrin of voters:

Still, their physical absence frequently infuriates members of the public who show up to testify only to find themselves addressing one or more empty chairs.
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“We go there to talk to the full City Council,” said Ziggy Kruse of the Hollywood Studio District Neighborhood Council. “If you get eight people in their seats, you’re lucky.”

Oh, you naive citizen… You’re assuming they actually give a shit what you say.

Hat Tip: Reason

Quote Of The Day

The state of Washington is currently in process on a bill that will impound any car for 12 hours where the driver is arrested on suspicion of DUI. This will be automatic — whether the car is owned by an innocent third party, or whether someone else in the vehicle can legally drive does not exempt the auto from the policy.

But here’s the quote:

The Towing and Recovery Association of Washington is one of the main lobbying organizations pushing for the adoption of the law.

Really?! I’m SHOCKED!

Who’da thunk the tow truck lobby cared so much about the children?

Hat Tip: Overlawyered

Innocence Commission Exonerates Greg Taylor After Serving 16 Years of Life Sentence

North Carolina has at least one criminal justice reform that all states ought to adopt: an innocence commission (particularly for states which currently have a death penalty). So far, North Carolina is the only state which has such a commission.

Greg Taylor, convicted of 1st degree murder of prostitute Jacquetta Thomas in 1993, was the first to be exonerated by the commission after serving 16 years of a life sentence. One who isn’t familiar with the details of the case may assume that Taylor’s conviction was an honest mistake since DNA testing was in it’s infancy in 1993. According to this Associated Press article, however; the commission found a very disturbing omission by the prosecution which could have cast reasonable doubt (if not excluded altogether) on Taylor’s guilt.

Defense attorneys worked to cast doubt about the initial case built against Taylor, and a State Bureau of Investigation agent testified that complete blood test results were excluded from lab reports presented at trial.

The agent’s notes indicated that samples from Taylor’s SUV tested positive for blood in preliminary tests but were negative in follow-up testing, which wasn’t disclosed during the prosecution.

But rather than drop the charges against Taylor, prosecutors went forward with the case anyway and successfully convicted him. The jury was denied access to this critical evidence and Taylor’s liberties were taken from him as a result.

Hopefully, those who failed to disclose the results of the blood test will pay some sort of price but I have serious doubts. Until Taylor is compensated one way or another, this injustice is far from being set right.

Reporting On Stimulus Jobs Becomes Even Less Useful

I suspect we’ll see a corresponding shift in the rhetoric. Instead of Obama saying the stimulus “created or saved X million jobs”, he’ll say the stimulus “put X million Americans to work.”

Either way, it’s still a joke:

When the White House unveiled its nearly $800 billion stimulus package last year, it promised not only to create and save 3.5 million jobs but also to open the books and prove it. But counting jobs turned out to be a lot harder than lining up a work crew and tapping hardhats.

Now, the White House says it will no longer keep a cumulative tally of jobs created and saved by the stimulus. Instead, it will post only a count of jobs for each quarter.

And instead of counting only created and saved jobs, it will count any person who works on a project funded with stimulus money—even if that person was never in danger of losing his or her job.

The new rules came out last month in a little-noticed memo (PDF) sent to federal agencies by Peter Orszag, director of the Office of Management and Budget. OMB said it changed the guidelines to prevent the kinds of errors and confusion that occurred when the first job counts came out in October.

I’m sure the administration knew all along that they’d get skewered for whatever number they put out, especially when recovery.gov started showing money going to non-existent Congressional districts*. But I think this change shows that they just don’t care about justifying the funding any more.

Hat Tip: Ezra Klein
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Would C-SPAN Make The Healthcare Bill “Worse”? Define Worse.

I’ll blockquote Peter Suderman over at Reason blockquoting the CAP’s “wonk room” blog on this one:

The short version of the argument is that C-SPAN’s coverage would put pressure on legislators to perform for the cameras and thus make the bill worse:

C-SPAN is grounded in the belief that transparency produces superior legislation. And maybe a certain level of transparency does. But if one actually considers the tone and tenor of the televised health care debate of 2009, filming the conference negotiations seems counterproductive.

…On the whole, C-SPAN’s coverage informed and entertained the viewer. But did it improve the underlying bill?

The post suggests pretty strongly that the answer is no. But how you answer this last question depends quite a bit on what you mean when you say “improved.” If you asked me, I’d say that anything in the health care bill that increased individual control and responsibility for their health care improved it. But when anyone at CAP asks whether something has been “improved”, I think it’s fair to say that what they’re asking is whether it made the bill more progressive — ie: does it cover more people, spread costs across a greater share of the population, offer larger subsidies for care, and move more power away from private enterprise and toward centralized government authority. The implicit argument here is that not filming the negotiations will push the bill in a more progressive direction. I agree, but I think that’s a bad thing. And I also think that as excuses go, shutting out C-SPAN and other media because doing so would limit opposition to the progressive agenda is pretty weak.

I don’t think it’s fair to say that CAP is asking whether it made the bill more or less progressive. There are multiple definitions of “worse”, and Suderman is projecting his definition of worse vs. improved onto CAP.

I think a more fair question, particularly when political grandstanding is involved, is this:

Does C-SPAN televising the debate make it easier or harder for Congress to write a bill accomplishing its objectives with a minimum of bad elements?

There are a lot of ways to define “bad elements”. Peter Suderman and I would say that a public option or an individual mandate are bad elements. CAP would probably say that these are desired elements and dropping the subsidies from 400% to 300% or the Stupak amendment are bad elements. All involved would probably say that greasing the wheels of Ben Nelson and Mary Landrieux are bad elements.

The uncharitable way to read CAP’s question is to suggest that getting the debate out in front of voters, news media and bloggers prior to reaching a final bill gets the debate out of Congress and into public opinion, where voters might object to necessary provisions or add bad elements through the political process. But the charitable way to read this is that televising the debates on C-SPAN leads to overt politicization and a necessarily “worse” bill by addition of things that both Democrats and Republicans would consider bad elements. Whether policy is good or bad is not defined by its public popularity.

I like the idea of C-SPAN televising the negotiations, but not because I think they’ll improve the bill. Frankly, I think greater public awareness and pressure might lead to a further public opinion shift against the bill and potentially damage it before the votes come back to House & Senate on the compromise legislation. Any damage to this intrusion of government on freedom that I can get, I’ll take. But I don’t think televising the debates will in any way improve the bill. As the wonk room states:

Turning the conference committee into another Senate floor debate won’t improve health reform legislation. The televised conference hearings will become a drawn out theatrical sideshow — the real discussions will still occur behind closed doors.

They’ll just give a bunch of Congressional blowhards a forum to grandstand, and provide fodder for cable news and the blogosphere to excoriate them in public. Great fun, mind you, but since all the substantive negotiation occurs off-camera anyway, it’s not exactly useful.

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