Friday, January 20, 2017

Inauguration Day and the Forgetful Five

The Forgetful Five

Paul Ruscher, Eugene, Oregon, 20 January 2017 updated 9 January 2021

Updates 30 September 2017--its down to 1½ as Price is out, and Sessions' impact on Russia probe is crippled.
Updates 9 January 2021 - what the heck happened to Trump's first Cabinet?
It's Inauguration Day!

As a responsible scientist and science educator, and politically interested and independent person (I register for a political party only when required to participate in my state's primary system, and have not done so uniformly), I am always fascinated by the intersection between public acceptance and understanding of science, and government policy invocation practices.  The United States Senate holds a reputation and history, and Constitutional expectation, that it serves as the deliberative conscience of the people,  having the authority to advise and consent on the powers of the Executive Branch.  I am not convinced that, under the leadership of Senator McConnell, it will carry out this important function in a meaningful way.  Nothing to do about that, however.

The US Senate is in the process of carrying out what are appearing to be pro-forma confirmation hearings on a number of candidates for Executive office who have not completed ethics oversight, and for individuals who are, on their face, wholly unqualified to hold office for their selected department.  As examples, I present five cases in which any objective determination of fitness for duty would fail.  Four of my five picks have significant tie-ins to education or science policy, so I feel fully qualified to comment here.  The other ties in to basic social justice principles, and everyone should have an opportunity to reflect on this. I also briefly mention some of his picks for which I am mildly and surprisingly supportive, from what I can tell about their records. 

1)   Betsy DeVos, Secretary of Education resigned January 7,2021 after the day the Capitol was breached by insurrection fomented by Trump

Shame on Senator Lamar Alexander for scheduling a single round of 5-minute question times for Senators, and prior to full ethical oversight was completed for this candidate.  Ms. DeVos is on the record as an ally of public funding for religious and for-profit schools to replace public education, and without necessary financial or educational experience oversight required of the public schools they are designed to replace or improve over.  And with no evidence that collectively these schools improve educational access or outcomes for students, and plentiful evidence that they actually provide less service and poorer outcomes, an advocate like this for our federal public educational system has me baffled.   The public's right to know her record is now squarely in the hands of the 4th Estate (the press), which unfortunately has been so maligned that many GOP supporters of Mr. Trump's nominees will never get to read the truthful examination of her record, because they are so blind to it. 

I do not think that we must necessarily have an advocate for teacher's unions, or Common Core, or NGSS in place to lead.  But we must have an individual who actually knows something about education from a non-political perspective, and one who did not receive her training through advocacy of making more money off the government to run shoddy schools that line deep pockets for her millionaire friends.  My hope here is that Republican Senators like Lisa Murkowski, Susan Collins, and Lindsay Graham will join with the Democrats and Independents to vote "no" on her nomination and restore some civility to this process, and demand a fair hearing for the next candidate that President-Elect Trump nominates.

2)   Scott Pruitt, Administrator, Environmental Protection Agency

As Attorney General for the state of Oklahoma, Scott Pruitt led numerous efforts to derail any rational effort at improving environmental legislation and regulation promulgated by the EPA and other federal agencies.  These efforts have been spotty in their success, at best, and many have failed spectacularly.  Updates to environmental regulations to protect soil, air, water, and wildlife quality are mandated by scientific understanding of environmental change, including, yes, the human influence on Earth's climate.  And Mr. Pruitt personifies the classic case of the fox being in charge of the hen house.  As Rick Scott and other GOP governors have done in their respective states, leaders have dismantled state regulations and compliance with federal environmental regulations in an unbridled manner in the last decade or so.  There is no discerning individual in politics today who can say with a straight face that Scott Pruitt will embody the foundational principles of environmental protection in this nation; principles which were embodied first in Republican presidents like Theodore Roosevelt and Richard Nixon (yes, that President Nixon), who worked in bipartisan ways to provide environmental protection mechanisms that could blunt what had been aggressive campaigns to ignore environmental degradation by selfish personal and commercial interests.

As an environmental scientist myself, I cannot in good conscience support Scott Pruitt for EPA, and believe he should be resoundingly defeated at the full Senate level by a large number of Senators.  If the Senators act according to their Constitutional duty and not party loyalty, Scott Pruitt should be able to amass no more than a dozen affirmative votes, largely from those states whose Senators applaud their own Governor's policies of institutional environmental degradation.

3)   Rick Perry, Secretary of the Department whose name he couldn't remember

The presidential candidate who could not remember the name of the Energy Department (which he proposed to abolish) is being picked to lead it.  President-Elect Trump has taken a page from President Reagan here in picking individuals who proposed elimination of cabinet level departments (in his case it was Education that got my attention back in 1980, as I worked for the former Oregon State University faculty member [as his TA] who was picked as Undersecretary in Charge of Dismantling the Department).  But his only experience in energy appears to be reaping the benefits of oil and gas extraction for his state coffers and his spirit of environmental degradation and profit over sensible natural resource extraction.  Energy is a department more embodied in the science of physics than any other, perhaps, with the majority of its budget involved in nuclear weapons programs and other tough concepts.  Not much to say here, except that to ask a question.  Should this department be led by an individual with no scientific background in any of the areas for which it has responsibility, and for which his only reaction to not knowing about is was "Oops!"?

     4) Tom Price, Secretary of Health and HumanServices gone as of 9/29/17

A physician in charge of a medically-oriented department!  Wow, a proper pick, right?  Well, no.  You see, first of all as a Congressman he apparently made money off private stock purchases in industries where he was pushing legislation and changes that would benefit these companies.  He has been a staunch opponent to the health care law of the land, the Affordable Care Act, and will likely be in charge of dismantling whatever components the new Congress and President decide are no good.   In any event - hearings on two committees are proceeding without the candidate having completed external ethical oversight and there will little time for questioning by any Senators in any event. 

Rep. Price has advocated segregating sick patients into high risk pools and eliminating funding for Planned Parenthood, an organization who provides many individuals with their only access to care from cancer screening to prenatal care.  He's an advocate for more privatization (read as profit incentives) for insurers and health-related businesses.  Bad choice, but at least it is not Gov. Rick Scott who Mr. Trump chose here.  Nevertheless, the selection of Mr. Price raises serious ethical considerations, for his financial history and his lack of sensitivity regarding individuals who are most in need of health services, and his lack of commitment to public health generally. 

5)   Jeff Sessions, Attorney General, ½ effective, as Russian situation has him partly neutered

This individual has a documented history of being what I would call a reformed racist.  These folks grew up in the south within a culture of white supremacy, and responded, at least in some cases, which grudging acceptance that members of their African-American communities are in fact equals and deserve equal protection.  This past would disqualify many a Republican and Democrat from office if it were the only criticism brought forward.  But Senator Sessions' denial of environmental justice in the face of public health and housing, discrimination, and in other areas has been well-documented.  His opposition to voting rights is legendary, and his adherance to false-news related to voter fraud has led him to bring cases unsuccessfully in his home state.  He does not understand rights for disabled individuals, either, apparently.  His omission of key points of fact on his own record in his candidacy statement for Attorney-General are problematic.  If he was not deemed qualified to serve as a Federal judge by the Senate, that really does raise some red flags that all should pay attention to.  

Several people came forward to support Senator Sessions as an individual who does not have a racist bone in his body.  He may be intelligent, he may no longer be a racist.  Those characterizations are distracting from a more more comprehensive assessment for someone who will serve, not as the President's lawyer, but our lawyer — the lawyer for the nation. 

President-Elect Trump has made some picks that are creative, I think, and I could support, if only full vetting was available.   But the process seems to be so rushed because of the delays in naming nominees and the ethical tangled webs that so many of these candidates bring to the table, that it is hard to know if they are supportable or not.  I am cautiously optimistic with regard to the picks of Elaine Chao (Transportation), Wilbur Ross (Commerce I wish I had more time to air my grievances about his tenure), Nikki Haley (UN Representaitve), Mad-Dog Mattis (Defense), and David Shulkin for VA Secretary. 

I await formal nominations for NASA, NOAA, Fish & Wildlife, National Park Service, and Geologic Survey leaders, all of whom have significant scientific responsibilities and are likely to be promulgated by GOP operatives not interested in advancing scientifically-informed public policy.  Once these nominations are made - there may be a follow-up analysis here; stay tuned.  The nominations of Michael Flynn (National Security Advisor), Rex Tillerson (State Department), Linda McMahon (Small Business Administration and known for WWE), Ben Carson (Housing and Urban Development) and Mike Pompeo* (CIA Director but gets an * for other appointments) are also problematic for me on so many levels, as a progressive person. [Such an astounding record of Cabinet departures in such a brief stint as President goes into the books, and replacements now sitting at Cabinet surely protect him from #25A (25th Amendment) discussion, don't you think?]

Finally, I do wish to publicly offer my congratulations to President-Elect Trump on being sworn in today as our 45th President.  You will now be our President, yea, verily, my President.  I hope that you have a successful term as President, and that you truly are interested in being a President of all the people.  You enter office with approval ratings that are very low, but probably higher than those of President Abraham Lincoln, who started out with the second-lowest popular vote percentage (39.7% in 1860) of any, and ended up being one of our greatest ever (but that took a Civil War and other significant historical events).  You (and your messengers) must not continue to tout that your were elected in some sort of sweeping mandate, however, given that your election is notable for the votes that you did not receive (with a turnout less than 60%, and 54% of eligible voters not voting for you and Mr. Pence), and winning an election with one of the historically lowest percentage of votes of any president. 

Mr. Trump, to what do you aspire?  Is it more than just shaking things up and "draining the swamp" and replacing our governance structure with a Billionaire's Club?  You need to address this issue to the people who you will lead.  There is tremendous distrust apparently across the nation now.  Will you truly find a way to govern all of the people, and from the White House and not Trump Tower?  Are you just going to implement the Heritage Foundation's playbook, as exemplified by the recent article in The Hill?  I hope not; the future of our Republic is at least in part, in your hands. 

Further reading recommendations:



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Thursday, October 20, 2016

Why the #Oregonstandoff at Malheur Matters

Why the #Oregonstandoff at Malheur Matters 

In January of this year, several armed individuals occupied the Malheur National Wildlife Refuge in an occupation that lasted for weeks, and which, unfortunately, resulted in the death of one of their leaders who resisted at a roadblock.  This event epitomizes a cascade of ideas and activities that are important for us as a society to consider as we get ready to learn of the fate of the 7 defendants (many others have already pled guilty and others await later trials).

Public Lands Stewardship

First let’s look at Harney County, Oregon, one of the largest (in terms of area) and least-populous counties in the United States.  Most of the county is in public hands, owned and managed by the US Bureau of Land Management, US Forest Service, or US Fish and Wildlife Service.  Recent history since the Sagebrush Rebellion has improved government relations with local property owners and ranchers, and the public-private partnerships were beginning to take shape.  The largest Ponderosa Pine forest in the nation, and an important resting and foraging area in the Malheur NWF were undergoing important restoration with a definite eye towards public engagement in government programs.  Then in early January, it all came crashing down when the Bundy family and their acolytes decided to take over the wildlife refuge headquarters. 

The Bundy family of course drew national attention two years previously when they staved off federal seizure of cattle illegally grazing on public lands near Bunkerville, Nevada.  We all learned a lot about Cliven Bundy, the family elder, and his views and beliefs, and the BLM surely backed down to avoid further trouble.  His sons, Ammon and Ryan, were part of the January/February takeover of Malheur NWF.  Their dispute over federal grazing rules and fees has resurrected the Sagebrush Rebellion among many conservative supporters across the west, even resulting in Utah legislation that calls for a return to state or private control of federal lands. 

The trial is nearly over in Portland for the first 7 defendants of the occupation; many have already pled guilty, and many are also being charged in Nevada now that they are in Federal custody.  Their claims of adverse possession have been dismissed and the criminal case does not seem to be going to well as far as improper title to the land by the US government, and the idea that they are not legal owners of the land.  However it is a complex case and the defense attorneys are providing a spirited defense for their clients.

Threats to Government Employees

It is illegal for private citizens to carry firearms into federal facilities (18 US Code § 930a).  They did it and they should be held accountable for that, but the government has linked the presence of firearms to a conspiracy charge to elevate the penalty (I suppose).  Further, they provided credible threats during, prior and after the occupation to its employees, based on testimony reported by the media.  Many federal employees in Harney County (as many as 25% in one media report) have requested transfers out of the region. 

Damage to and Theft of Government Property

Government computers were used and office employees’ desks were searched and materials read.  Native American artifacts may have been damaged or misplaced.  Roads were built using government vehicles, and government cameras stolen and vehicles used improperly (and presumably fuel to run them). 

Suspension of Important Restoration Work

The invasive carp that have been populating several areas of the refuge were destroying habitat by removing vegetation and creating tremendous amounts of suspended sediment in the lakes and ponds on the refuge, providing for a much less desirable habitat for migratory birds (protected) using the Pacific flyway.  Restoration efforts had begun to further isolate the carp by refuge biologists in a further attempt at eradication, efforts which normally take place in the winter/early spring.  Those efforts were stalled completely and many restoration efforts have not yet resumed.  The ecology of the region was undergoing recovery and this event is no less damaging than a wildfire or drought or flood – an event which may take an instant in time to do damage, but takes years or decades to recover from. 

Renewal of Hostile Engagements

While the people of Harney County had by all reports largely put many past disagreements about land stewardship behind them, which is not the case across much of the west.  But Harney County was being held up as a model of community engagement.  I got to witness this first-hand at the Conservation Partnership meetings in Eugene last year.  But the events of January and February have reopened old wounds and made it more difficult to have the frank discussions upon which successful community engagement depends. 

A Public Press?

At least one participant claims that he was just a reporter at the event and did not conspire to commit any crimes, or participate in any way.  What is a journalist, these days, anyway?  Is anyone with a blog or twitter handle actually allowed to claim “freedom of the press” these days?  I’m just sayin’.

And the Mainstream Press was Largely Silent, …

… except for a few media outlets which have stuck with the story relentlessly.  High Country News provides great perspective in its series of articles on the return of the Sagebrush Rebellion.  Amanda Peacher (@amandapeacher) of Oregon Public Broadcasting and Les Zaitz (@LesZaitz), recently retired from The Oregonian|Oregon Live, also have provided tremendous reporting aided by many others in their organizations.  Conrad Wilson (@conradjwilson), Amanda, John Sepulvado (@JohnLGC, now at KQED) and their team have put together an incredible audio series called This Land is Our Land and every episode is worth a listen.  We need to pay attention to the summations of the prosecution and defense teams just completed, and of the trial verdicts, which will come at any time.  A great sense of the trail itself is provided by following Maxine Bernstein’s (@maxoregonian) reporting for the @Oregonian.  It could impact this movement across the west, and is worthy of our attention. 

Domestic Terrorism?

Many of the individuals involved in this and other similar protests base their views on strict interpretation of Mormon/Christian belief systems that are not considered mainstream.  They can be dangerous, and are often supported by people who belong to the Constitutional Sheriffs and Police Officers Association and many groups who are characterized as hate groups by the Southern Poverty Law Center.  They grab power and influence where they can, and their supporters who hold public office are numerous, including county commissioners, sheriffs, state representatives and senators.  Even some candidates for higher public office have been known to support their views without qualification.  Let’s be careful – many of these groups are heavily armed and have demonstrated their willingness to threaten violence against individuals or agencies. 

Civil Liberties

Benjamin Franklin once wrote “those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety”.  He wrote this as a representative of the Pennsylvania Assembly, not as a civil libertarian (that came later!).  But the sentiment is there to facilitate those who espouse one or the other to strike a balance, let’s say. 

Bunkerville

When the government was able to “capture” Cliven Bundy as a result of the situation in Harney County, it also set it motion, finally, the legal resolution for the case in Bunkerville, and those trials will be ongoing through 2017.  This isn’t over yet, by a long shot.  But we ought to be careful whenever we hear talk about private citizens raising angry and hostile objections to “government overreach” on land stewardship.  It’s happening a lot out here in the west.  With a tension-filled election situation about to get resolved (one hopes), let’s hope a tinder-box is not set to go off. 

Paul Ruscher

Eugene OR 10/20/16
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