PUSHING THE ENVELOPE ON EXECUTIVE AND JUDICIAL ACTION

The last decade has not offered up a textbook example of how pluralistic democracy is intended to work in our country. With the exception of the Affordable Care Act, Congress has been tied in knots and unable to address social and economic issues important to the American people.  This pervasive “vetocracy” where collective action is impossible and nothing is accomplished has frustrated elected executives and sitting judges at both the national and state levels. 

Chief executives and members of the judiciary have begun to take matters into their own hands.  They are pushing the envelope on their limits of power to loosen the logjam and gain results. Whether this trend is a good thing remains to be seen. What is clear is that these actions, taken to cut through legislative or procedural red tape, often come with unintended consequences.

President Obama has recently invoked executive action on two fronts: immigration and gun control.  His statements make clear that chronic congressional inaction compelled him to act.  His executive orders, largely ineffective in changing the status quo on immigration or gun control, have still been met with conservative cries of “abuse of constitutional power.”

Irate republicans immediately challenged the executive orders in the federal court system. This forces the federal courts to assume the congressional role of deciding the regulatory and social landscape rather than performing its more limited constitutional role of “check and balance.”  One need look no further than the recent Supreme Court decision striking down State objections to gay marriage.  What Congress could not accomplish, the Supreme Court did.  Before one gets too excited about this long overdue result, consider the future ill effects of letting the Supreme Court usurp the constitutional responsibilities of Congress when too many conservatives are wearing the black robes.

Pennsylvania is also a recent example of executive action pushing the envelope into new territory, where few Governors have gone before.  When Governor Wolf could not achieve his budget objectives, he sliced and diced  the limited funds republicans presented to him in an attempt to keep political leverage on republicans to pass a full budget.  Now the Pennsylvania School Board Association is suing him for arbitrarily dispensing funds for education.  Many believe the lawsuit is on solid ground and that the Governor’s actions to disperse the funds were illegal.

The Pennsylvania Supreme Court could not resist getting in on the action to push the envelope on accepted judicial procedure.  The Justices revoked Attorney General Kathleen Kane’s legal license prior to any hearing to determine her guilt or innocence on criminal perjury charges.  Defense attorneys throughout the state are now filing Motions to have proceedings against their clients dismissed on the theory that Ms. Kane is making prosecutorial decisions without a license.

 Ms. Kane is fighting back against the ill advised pre hearing suspension.  Her argument is that permitting Justice Eakin, who was the focus of the Attorney General’s “porngate” probe, to rule on her suspension was inappropriate.  This point has merit now that Justice Eakin is himself  the subject of disciplinary proceedings.

Attorney Bruce Ledewitz, a Duquesne University law professor has commented on the Supreme Court actions as follows:  “They brought this upon us. Lawyers don’t generally lose their license when they face charges. You go to trial and if you are convicted then you lose your license. The court had no role here.” (Pittsburgh Post Gazette, 1/12/16)  By jumping the gun, the Supreme Court has taken the focus off the serious perjury charges against Ms. Kane and unnecessarily confused the issue.

While I believe that all of the executive and judicial actions described above were good intentioned and sought results I actually agree with, the trend is a bit frightening.  I would not want to see a new reality where elected executives and judges are free to step outside the lines of our state and federal constitutions with great regularity. 

The problem is that envelope pushing in the wrong hands can quickly become abuse of power.  One could easily image a President Trump taking unilateral actions based on demagoguery rather than reason. In our messy democracy, the slow road, no matter how fraught with political or procedural potholes, is often the right road.

IT IS TIME FOR WASHINGTON COUNTY TO TAKE DOWN THE WALLS & BUILD SOME BRIDGES

As Washington County enters the New Year it is an excellent time to reflect on the future.  The landscape is rapidly changing with drill rigs, new retail establishments and residential enclaves sprouting up throughout the County. Growth brings additional pressures on established institutions like county and municipal government, the court system and even the City Mission. While absorbing this growth is an important issue, I am most concerned about our social and creative development moving forward.  Let me propose some issues to consider for 2016 and beyond.

Washington is becoming a tale of five Counties. The identities of Peters Township and Southpointe are most aligned with Allegheny County as high income business and tax havens on the borders of the Pittsburgh urban metropolis. The Trinity Point/Old Mill retail centers and Casino/Tangers complexes draw patrons from a wide geographical area but do little to enhance the lives of local residents who do not have the means to access them. The City of Washington and town of Canonsburg seek respect but continue to fall short on major redevelopment.  The Valley is an afterthought with its dying steel towns.  The countryside has morphed from scenic farmland to the heart of an energy industry with wealthy landowners leasing to the highest bidder.

Do we want a future Washington County that encourages such a split personality? Are we living in a community that does little to eradicate segregation of different social and economic populations and little to bring us together?  

As examples, did Southpointe or Peters Twp. take notice when the County lost Wash Arts or that the City Mission had a major fire or the ongoing struggles of Citizens Library? How many residents in the perimeter hamlets of Washington County are aware of the farmers market, volunteer Symphony or that many businesses have closed in the City of Washington?  Are the residents of Monongahela informed of and able to find transportation to the excellent performances at the Olin Arts Center at W& J College?  Many more examples abound in a large rural community where the wealthy wall themselves off from the rest of us. The elderly and less fortunate without vehicles are at a distinct disadvantage in enjoying the county’s many pleasures.

 There are certainly actions that elected and business leaders can take to foster intra county social interaction and identification as “Washingtonians.”  A more socially integrated County would not only make us a better place to live but also a shining star for other local governments to implement.  According to Jeff Kotula, President, Washington Chamber of Commerce: “Our county is well positioned, probably better than any other county in the commonwealth, to maintain our positive growth.”(January 3, 2016 Observer Reporter)  This growth can support a vigorous social/economic master plan for the county where everyone shares in the spoils of development

 Consider an arts center in Southpointe as a home for the Washington Symphony, our theater groups, a reborn Wash Arts, with county wide public transportation to access the facility.  Further, the placement of some county social services, public housing, group homes and mental health facilities in our wealthiest communities to “take down the walls” of social segregation. Why not the building of affordable garden apartments in our towns to encourage retail development around them.   Lastly there is an immediate payoff through the expansion of public notices of and transportation to the bountiful seminars, performances and shopping that the County has to offer, opening up the county to all its residents.

Societies are complex and contain conflicting interests and Washington County is no exception.  If we determine that our social aim is to make life more pleasant for the majority, at the expense of a little less pleasant for the wealthiest among us, Washington County will truly be a socially integrated community and an inspiring place to live and work.

PENNSYLVANIA IS APPROACHING THE UNGOVERNABLE II

 I am not proud to be a Pennsylvanian or a registered democrat within its borders.  Our Commonwealth’s institutions are operating in a manner that makes the federal dysfunction appear to be a well oiled machine.  Elected democrats are making matters worse.  Let me count the ways.

                   The promise of a socially enlightened Democratic Governor has degraded into a 5 month and counting budget impasse that is causing irreparable damage to the very individuals who were to receive an increase in badly needed services.  Education was the centerpiece of Governor Wolf’s election campaign.  The inability to reach an agreement now means that poor school districts may be forced to close after the Christmas break and offer no education. 

Governor Wolf also has a worthy agenda to revitalize human services and non profits that help the poor and disabled.  Against this goal, these organizations are now cutting staff and services because of the budget delay. Somehow, making the sick, suffering and most needy in Pennsylvania go through a near death experience before the cavalry arrives does not seem fair or just. 

No solution is in sight as Pennsylvania’s credit rating prepares to plummet and legislators wait for the party across the aisle to blink. The budget is not the place to draw an ideological line in the sand as school districts and  service organizations scramble to save young minds and lives. It is a place for old fashioned horse trading to get schools and services up and running for those who need them.

Our Democratic Attorney General and the Pennsylvania Supreme Court are the laughing stock of the nation.  Kathleen Kane’s legal license has been removed because of pending perjury charges and she is now ineffective as Pennsylvania’s top prosecutor.  The Pennsylvania Senate, that cannot pass a budget, is spending a great deal of resources to figure out how to impeach her. 

The only function in which Ms. Kane can now excel is to draw attention to her hoard of sensitive emails that continue to embarrass a Supreme Court Justice and possibly other members of the “old boys’ network” who she claims are responsible for her difficulties.  While no one can seem to explain how the offending emails and the perjury charges against Kane are related, these two important Commonwealth institutions continue to lose credibility and respect.  Moreover, positive projects like the Attorney General’s recent lawsuit against Chesapeake Energy are undermined by her lack of authority and questionable goals.

The Supreme Court suffered a previous blow when a sitting member, Justice Seamus McCaffery, resigned in October 2014 as a direct result of the email scandal.  Now, a second Justice, J. Michael Eakin will be subject to misconduct charges before a judicial ethics panel for: “sending and receiving emails that a person of reasonable sensitivity would find objectionable.”

 This new scandal is unwinding as the three newly elected democratic “reform” candidates prepare to be seated on the Supreme Court in January.  The campaigns of the three winners were awash in cash from the very individuals who will appear before them as lawyers and litigants.  The attack ads of the winners were beyond the pale and borderline actionable.

With the Governor’s office, legislature, Attorney General and Supreme Court paralyzed by inaction or scandal, what is to be done? One can only hope that the Supreme Court will settle down and make news through its opinions instead of its emails. Further, let us hope the ghosts of former Governors Tom Ridge and Ed Rendell return to the halls of Harrisburg to help guide our misplaced lawmakers to a commonsense solution to the budget debacle.  Lastly there is always the possibility that Attorney General Kane will cop a plea deal and sail off into the sunset to join the disgraced politicos who have preceded her. 

Only then can Pennsylvania return to the ranks of the commonly mediocre rather than the borderline ungovernable.

         

         

AMERICA COULD TURN SHARPLY TO THE RIGHT

There is a cold wind blowing through American Politics.  For democrats to feel smug satisfaction with the apparent disarray in the Republican Party would be a mistake.  Something more sinister than Ronald Reagan or even the war mongering neo cons from the Bush years is in play. If the more moderate wing of the Republican Party loses control of both Congress and the presidential primary, political demagogy may take their place.

There has always been a type of home grown American fascism in our political system.  Certainly not the German or even the Italian variety, but a right wing culture that believes a small group of enlightened leaders, with unwavering ideas, a pure ideology and concrete goals can return America to its version of greatness.  Many of these believers are under the radar billionaires who fund the largest Super PACs for like minded republican candidates.

The exploitation of fear for political ends is the hallmark of fascist gains in power in any democracy.  In this election cycle, the fears of immigration, socialism, terror attacks, economic collapse, lost Christian values, lost gun ownership, and even exotic disease from African countries have driven the conservative republican debate.

In my lifetime, I have never seen these fear issues outweigh the usual calls for hope and positive change.  Add to this fear, an overall disgust with political stagnation among older democrats and independents and the country may be ripe for a sharp, dangerous move toward National Socialism.  The electorate could be ready to give up much of our bogged down messy democracy in return for a strong leader who promises to get things done and provide a safe haven from the bad guys.

How could this happen and why now?  America has always been protected from sharp moves to the left or the right by its sheer size and diversity.  The presidential electoral system is another moderating factor.  But the willingness of far right congressional representatives to not compromise under any circumstances is a strong weapon. if they can continue to threaten governmental paralysis to extract concessions, more liberal dominoes will fall, until a moderate backstop is erected.

In presidential politics three republican candidates with far right or demagogic leanings, Donald Trump, Ben Carson and Ted Cruz are polling a combined 60% of the republican primary electorate.  If one candidate emerges, with the support of the others, a republican nomination for one of these three seems all but assured.  If that candidate were to be elected President and both houses of Congress remained republican, now that would really be something to be frightened about. Excitement over republican infighting and disarray would turn into a democratic nightmare.

PLACING THE SPOTLIGHT ON INVESTIGATIVE JOURNALISM

The excellent movie Spotlight brings back the past on several different levels.  First, the movie delivers an old fashioned plot presented straight up with no fancy cinematic devises.  Second, it follows the decades old story of the Boston Globe newspaper exposing the cover up of sexual abuse in the Catholic Church throughout the greater Boston area.  Lastly, Spotlight, is a stunning example of the importance of investigative journalism in a democratic society.

          The movie derives its title from a small unit in the Boston Globe’s news division that is given the time and resources to deep dive important topics that cannot be vetted by the regular journalists.  It was not uncommon for the Spotlight crew to take over a year to put an expose together before going to press.  Some of the over eager young journalists would beg to release a story.  The older editors knew it was prudent to wait and gather all the background so that the quarry could not escape the net.

The acting in Spotlight is superb.  Many critics think it will be nominated for best picture at this year’s Academy Awards.  As I watched, it occurred to me how rare investigative journalism is in today’s 24/7 news world.

On the internet and cable news, we are fed the shallow headlines, over and over, until the details are fixed in our memory banks like the ever present drug commercials.  To demonstrate our knowledge beyond the news bites, we read countless commentary and opinion articles, usually the pieces that support our political and social views.  Conspiracy theories abound with  few facts to support them. Even the reporters on 60 Minutes now seem to have multiple journalistic responsibilities, subtracting from this pioneering show’s past pedigree of substance.

Somehow there must be a place in modern journalism for slow and careful door knocking, interviews with reluctant witnesses and the tedious inspection of old and dusty written records, all by reporters with no agenda other than to expose the truth.  Faster news is not necessarily more responsible news.  Uncovering institutional corruption takes time and patience.

Spotlight may encourage some young journalists to seek out investigative reporting as a career. The real challenge is to convince news organizations to invest in a type of product that does not provide instant gratification to the public or an immediate financial payback for the corporate bottom line.

COMPASSION OVER FEAR

An enthusiastic thumbs up to Pittsburgh Mayor Peduto and Pennsylvania Governor Wolf for announcing that the act of terrorism in Paris would not dissuade them from resettling Syrian refugees within the Commonwealth.  This decision to favor compassion over fear is at odds with most Republican Governors and legislators, who are raising potential roadblocks similar to their ill advised call for travel restrictions during the Ebola crisis in 2014.

Thankfully those calling for a refugee ban have little control over federal immigration policy. The President has made clear that Syrian immigrants will be processed and resettled in accordance with previously announce quotas.

The Syrian refugee crisis is the greatest immigration challenge to Europe since WWII with 7 million displace by the civil war.  For the United States to not do its part, in light of our actions in causing the problem in the first place, would be a failure of leadership.

Immigration challenges over our history have always included vigorous dissenters.  The Irish were papist spys, the Italians were anarchist bombers and the East Europeans were communists.  Our security and vetting procedures are the best in the world.  Let us ignore the doubters and continue to do the right thing.

THE DRUG PROBLEM

          This newspaper and many other media sources most often view the drug problem from the user’s prospective.  The focus is on drug related crime and young addicts overdosing or trying to get clean.  Don Winslow has written two powerful books: THE POWER OF THE DOG and CARTEL which expose the drug problem from the supply prospective.  While both books are fiction, they are fact based and review the historical background of the war on drugs over the last twenty years.

          What Winslow makes clear is that as Mexican drug cartels are defeated and large shipment confiscated, an unimpeded flow of marijuana, amphetamines and heroin continue to flow north to the States and an estimated 15 to 20 billion dollars annually flow south to Mexico.  As one kingpin gets knocked down, another takes his place.  The Mexican government, often with DEA acquiescence, supports the least objectionable of the cartels.

 There is simply too much money involved, providing payoffs to law enforcement, judges and elected officials to do otherwise.  Those who take the moral high ground and refuse the bribe are threatened with death. The most successful Mexican political families rise on the back of the drug trade as the Kennedy family rose on the back of prohibition.

          The supply will always be there to meet the demand, no matter what interdiction strategies are implemented by the United States.  Our efforts have wasted millions and guaranteed that Mexico remains a war zone with thousands of innocent casualties. 

Only two policies can possibly break the back of the drug trade. First, state sponsored decriminalization and regulation of the sale of all illegal drugs.  The November 7 issue of the Economist editorializes that: “If governments really want to limit the harm from drugs-saving addicts lives, crushing dealers profits and slashing the number of people who take them in the first place- then they must seize control of the markets themselves.”

 The Second policy is to convince Americans that there are healthy alternatives to recreational drug use.  Unfortunately, both approaches are pipe dreams and show little promise of altering the supply or demand of illegal drugs.