Re FBI; Barr Has a Point

Saw in surfing that AG Barr said something to the effect the FBI should not have investigated Trump.

I suspect my fellow liberals and Democrats will be aghast at the idea: no one should be above the law, etc.

But I'm old enough to think he has something of a point.  Apparently the FBI transcripts from their wiretapping of Martin Luther King have just been released, which should serve as a reminder of the power J. Edgar had in his heyday through the suspicion he had files on everyone in DC. 

My point is that investigations are power, and we should have checks and balances applied to the FBI when they investigate possible misdoing by high official, or candidates for high offices.  From what I understand of the background of the FBI investigation into Russian meddling and the involvement of the Trump campaign it was conducted well and had some oversight.  Certainly President Obama was aware of the proceedings and tried to take action.  But that seems to have been based on the judgment of the officials involved, not the operations of any particular legal structure.

To me, the whole Trump-Russian mess raises big questions: what sort of help can/should campaigns accept from noncitizens, from nonresidents, from citizens of friendly nations, from citizens of  possible adversaries, or members of the government of adversaries?  How is that defined in relation to the First Amendment?  To the extent we now have laws against such help, or decide to add them in the future, how should investigations of possible breach of such laws be handled?  We can't leave it to the FBI director--J. Edgar proves that.  We can't leave it to the appointed heads of Justice or the elected head of the government, can we?

Reestablishing Proper Standards of Behavior

A question raised by the Mueller Report is what are acceptable standards of behavior:

• should political actors in the US accept money from noncitizens/nonresident?
• should they accept valuable information from nonresidents?
• should they accept advertising on their behalf paid for by nonresidents?
• should they report attempts provide the above assistance to the FBI?
• should they make public the above assistance?
• should they lie about receiving such assistance?

There have been defenses of the Trump campaign arguing that searching for dirt on the opponent is standard campaign procedure.  Is that true, and if it is, should it be?  Where do you draw the lines?

Even as a devoted opponent of Trump's presidency I recognize that, with the First Amendment and the SCOTUS decisions in this area, the answers to these questions may not be what I'd like. But it does seems possible that there could be bipartisan agreement on some standards.

NPR and Furriners Buying Our Land

NPR had a piece on foreigners buying up agricultural land.  It's not clear where the correspondent's data comes from, but I'd suspect it's reports under the Agricultural Foreign Investment Disclosure Act..

I remember when the law was enacted in 1978.  That was when foreigners were rolling in dollars, partly because OPEC had successfully raised the price of oil, Nixon had taken us off the gold standard, and Japan was starting to sell cars (bought my first Toyota in that year) to us.  Those dollars were being used to buy land, causing concerns in the U.S.  That resulted in the act, requiring buyers to report their ownership to ASCS/FSA.

The regulations to implement the act were always questionable--basically it was a stand-alone requirement to report in its own little silo, with no interface to the rest of ASCS functions.  That meant there was no real enforcement, except the good will of the buyers and the conscientiousness of the county office.  But we had no way to ensure the buyers knew the requirement.. And we had no way to get data on sales by foreign buyers.

As a result, when someone looked at the AFIDA database in 2014, they found problems.  I'd have my doubts that it's been fixed since.

In the back of my mind I wanted to integrate AFIDA into the farm records system as we re-engineered it from the System/36 to the new platform.  But it never happened, never became important enough to devote the people to it, and I got fed up and retired.  I strongly suspect in the 20 years since no one involved in the redesign of FSA operations was conscious enough of AFIDA to include it in the redesign.  Such is the fate of silos; they don't have enough significance to attract attention.

I did a search on this blog to see if I'd written on AFIDA before.  I did a couple times in 2008, but using the FSA label.  One post did refer to FSA's AFIDA reports.  They're available here. But the web page hasn'te been updated for 5 years, a fact which supports my overall take on the subject.

Drills of Today and Yesteryear

Conversing with a relative, older than I, this morning.  She remembered the newsreels of the Capitol being lighted up again after the end of WWII (maybe VE day?).  She'd lived in the DC area until about 1943-4.  I asked if she remembered air raid drills--she did, many of them, in fear of German air raids.

My memory for some things is not the best, so I'm sure we had some a-bomb drills in school, but I don't remember a lot of them, or indeed any specific one. Those drills were in fear of a Soviet nuclear attack. 

Today students get active shooter drills, many of them.  Unfortunately the chances of their ever encountering an active shooter, although minuscule, are significantly greater than the chance of a German air raid on DC, but perhaps not as great as a Soviet attack on DC was (except I lived 300 miles from DC).

Drills--the ones I really remember are the penmanship ones, perhaps another drill destined for the wastebasket of history.

MFP II Addenda

Via Farm Policy News further details on MFP II--based on the USDA big shots' discussion.  The key point I take from it:

"Referring to the market facilitation program, Undersecretary Northey indicated that, “So these payments are not designed to be a market loss payment. They are a market facilitation payment. It’s not going to perfectly reflect what some producers feel the loss of these markets have been.”

FWIW I don't know what the words "market facilitation" mean, at least not as applied to the $14.5 billion part of the program. 

MFP II Announced

NY Times writes about trade policy and Trump's trade war, including the announcement of $16 billion in MFP II.

Chris Clayton's article at DTN  has the details on the program, which has three tranches and uses county payment rates among other differences from MFP I.  He also notes Trump's lie about the history of farm income:

"President Trump reiterated, falsely, that farmers have seen a 20-year steady decline of income, despite farm income peaking in 2013. As a key part of the president's rural base, Trump reiterated, "They [farmers] are patriots. They stood up and they were with me. They didn't say 'Oh we shouldn't do this because we're going to have a bad year. They have had 20 bad years if you really look."

The county payment rate will be new and a challenge to implement. [Update: When I wrote this, I was wrong.  I was thinking county/crop payment rates, which I never dealt with back in the day, but the fact is FSA has had experience with them, both through price supports and the new 21st century programs which I don't understand.  However, the idea is one country price for all crop acreage, regardless of the crop planted.  That, I think,  raises new problems.  If all farmers in the county raise crops in the same proportion, it could work.  But that's a big "if".  Say a country produces corn and soybeans 50/50, so the county rate is based on that proportion. But take a farmer who plants only corn, which I'm assuming is less affected by the trade war, she will get a higher rate than she "deserves".  Conversely the farmer who plants only soybeans will be screwed.  (Obviously I'm using extreme examples.)]

Who Gets Chosen as VP?

Scott Adams blogged this:

"VP candidate traditionally boring, watered-down version of POTUS

• Biden was more boring than President Obama
• Now Biden has to select his own VP, that’s even more boring"

I'm afraid he needs a course on American history.  Traditionally the vice presidential candidate is different than the presidential candidate--it's called "balancing the ticket".  There's even a wikipedia page for it.

To go over recent history:

• Trump chose a VP who had extensive DC experience and personally was very different and was from a different region.
• Obama chose a VP who had extensive DC experience and personally was very different (old, white, ebullient, not buttoned up)and was from a different region..
• GWBush chose a VP who had extensive DC experience and personally was very different (older, buttoned up) and was from a different region..
• Clinton chose a VP who was indeed of the same age and region but who had extensive DC experience.
• GHWB chose a VP who presented a fresh face  from a different region.
• Reagan chose a VP who had extensive DC experience and personally was very different and was from a different region.
• Carter chose a VP who had extensive DC experience and was from a different region.
• Nixon chose a VP who was a fresh face and was from a different region.

I think Mr. Adams just went for a cheap attack on Biden. 

Women in Government--the Rate of Social Change

We're coming up on the 100th anniversary of the passage of women's suffrage in the U.S.

My cousin noted that yesterday the voters of Ipswich, MA elected women to fill 3 of the 5 seats on the town's select board, a first for the town.  The Post, I think, had an front page article on the Nevada legislature which is the first in the nation to have a female majority.

I think it's worth reflecting on the 100 years as an indicator of the limits of legislative change.  It's a caution to liberals

A New Market Facilitation Program?

Lots of talk about a new and bigger program to compensate for depressed prices due to Trump's trade war with China.

Will it just be the MFP for 2018 updated for 2019?  Maybe, maybe not.  There's talk of including prevented planting because of the widespread flooding and the very slow progress of corn planting.  We'll see.

[Updated--see Clayton's piece.]

Countervailing Judicial Power

Ezra Klein has a piece on Vos about "countervailing power", a concept from John Kenneth Galbraith. Briefly, he saw "big labor" as countering "big business", and "big government" as an essential balancing player.  So Klein summarizes his argument:

" If the [political] question is framed as socialism or capitalism, it’s difficult to state the obvious: We may need a bit more socialism now, even if that may create a need for more capitalism later.
But if it’s framed as the balance of countervailing powers, that truth becomes more obvious. There is no end state in a liberal democracy. There is only the constant act of balancing and rebalancing. The forces that need to be strengthened today may need to be weakened tomorrow. But first they need to be strengthened today."

I've always liked the Galbraith's concept.  I'm struck by a tweet from Orin Kerr, suggesting that if conservatives become dominant in the judiciary, it will evoke a countervailing response from legal academia.