The Hollowing Out of Government

By Robert Reich, Robert Reich's Blog

05 May 13

he West, Texas chemical and fertilizer plant where at least 15 were killed and more than 200 injured a few weeks ago hadn't been fully inspected by the Occupational Safety and Health Administration since 1985. (A partial inspection in 2011 had resulted in $5,250 in fines.)

OSHA and its state partners have a total of 2,200 inspectors charged with ensuring the safety of over more than 8 million workplaces employing 130 million workers. That comes to about one inspector for every 59,000 American workers.

There's no way it can do its job with so few resources, but OSHA has been systematically hollowed out for the years under Republican administrations and congresses that have despised the agency since its inception.

In effect, much of our nation's worker safety laws and rules have been quietly repealed because there aren't enough inspectors to enforce them.

That's been the Republican strategy in general: When they can't directly repeal laws they don't like, they repeal them indirectly by hollowing them out - denying funds to fully implement them, and reducing funds to enforce them.

Consider taxes. Republicans have been unable to round up enough votes to cut taxes on big corporations and the wealthy as much as they'd like, so what do they do? They're hollowing out the IRS. As they cut its enforcement budget – presto! - tax collections decline.

Despite an increasing number of billionaires and multi-millionaires using every tax dodge imaginable – laundering their money through phantom corporations and tax havens (Remember Mitt's tax returns?) - the IRS's budget has been cut by 17 percent since 2002, adjusted for inflation.

To manage the $594.5 million in additional cuts required by the sequester, the agency has announced it will furlough each of its more than 89,000 employees for at least five days this year.

This budget stinginess doesn't save the government money. Quite the opposite. Less IRS enforcement means less revenue. It's been estimated that every dollar invested in the IRS's enforcement, modernization and management system reduces the federal budget deficit by $200, and that furloughing 1,800 IRS “policemen” will cost the Treasury $4.5 billion in lost revenue.

But congressional Republicans aren't interested in more revenue. Their goal is to cut taxes on big corporations and the wealthy.

Representative Charles Boustany, the Louisiana Republican who heads the House subcommittee overseeing the IRS, says the IRS sequester cuts should stay in force. He calls for an overhaul of the tax code instead.

In a similar manner, congressional Republicans and their patrons on Wall Street who opposed the Dodd-Frank financial reform law have been hollowing out the law by making sure agencies charged with implementing it don't have the funds they need to do the job.

As a result, much of Dodd-Frank – including the so-called “Volcker Rule” restrictions on the kind of derivatives trading that got the Street into trouble in the first place – is still on the drawing boards.

Perhaps more than any other law, Republicans hate the Affordable Care Act (Obamacare). Yet despite holding more than 33 votes to repeal it, they still haven't succeeded.

So what do they do? Try to hollow it out. Congressional Republicans have repeatedly denied funding requests to implement Obamacare, leaving Health and Human Services (the agency charged with designing the rules under the Act and enforcing them) so shorthanded it has to delay much of it.

Even before the sequester, the agency was running on the same budget it had before Obamacare was enacted. Now it's lost billions more.

A new insurance marketplace specifically for small business, for example, was supposed to be up and running in January. But officials now say it won't be available until 2015 in the 33 states where the federal government will be running insurance markets known as exchanges.

This is a potentially large blow to Obamacare's political support. A major selling point for the legislation had been providing affordable health insurance to small businesses and their employees.

Yes, and eroding political support is exactly what congressional Republicans want. They fear that Obamacare, once fully implemented, will be too popular to dismantle. So they're out to delay it as long as possible while keeping up a drumbeat about its flaws. 

Repealing laws by hollowing them out - failing to fund their enforcement or implementation - works because the public doesn't know it's happening. Enactment of a law attracts attention; de-funding it doesn't.

The strategy also seems to bolster the Republican view that government is  incompetent. If government can't do what it's supposed to do – keep workplaces safe, ensure that the rich pay taxes they owe, protect small investors, implement Obamacare – why give it any additional responsibility?

The public doesn't know the real reason why the government isn't doing its job is it's being hollowed out.

Are All Telephone Calls Recorded and Accessible to the US Government?

By Glenn Greenwald, Guardian UK

05 May 13

A former FBI counterterrorism agent claims on CNN that this is the case

he real capabilities and behavior of the US surveillance state are almost entirely unknown to the American public because, like most things of significance done by the US government, it operates behind an impenetrable wall of secrecy. But a seemingly spontaneous admission this week by a former FBI counterterrorism agent provides a rather startling acknowledgment of just how vast and invasive these surveillance activities are.

Over the past couple days, cable news tabloid shows such as CNN's Out Front with Erin Burnett have been excitingly focused on the possible involvement in the Boston Marathon attack of Katherine Russell, the 24-year-old American widow of the deceased suspect, Tamerlan Tsarnaev. As part of their relentless stream of leaks uncritically disseminated by our Adversarial Press Corps, anonymous government officials are claiming that they are now focused on telephone calls between Russell and Tsarnaev that took place both before and after the attack to determine if she had prior knowledge of the plot or participated in any way.

On Wednesday night, Burnett interviewed Tim Clemente, a former FBI counterterrorism agent, about whether the FBI would be able to discover the contents of past telephone conversations between the two. He quite clearly insisted that they could:

BURNETT: Tim, is there any way, obviously, there is a voice mail they can try to get the phone companies to give that up at this point. It's not a voice mail. It's just a conversation. There's no way they actually can find out what happened, right, unless she tells them?

CLEMENTE: "No, there is a way. We certainly have ways in national security investigations to find out exactly what was said in that conversation. It's not necessarily something that the FBI is going to want to present in court, but it may help lead the investigation and/or lead to questioning of her. We certainly can find that out.

BURNETT: "So they can actually get that? People are saying, look, that is incredible.

CLEMENTE: "No, welcome to America. All of that stuff is being captured as we speak whether we know it or like it or not."

"All of that stuff" - meaning every telephone conversation Americans have with one another on US soil, with or without a search warrant - "is being captured as we speak".

On Thursday night, Clemente again appeared on CNN, this time with host Carol Costello, and she asked him about those remarks. He reiterated what he said the night before but added expressly that "all digital communications in the past" are recorded and stored:

Let's repeat that last part: "no digital communication is secure", by which he means not that any communication is susceptible to government interception as it happens (although that is true), but far beyond that: all digital communications - meaning telephone calls, emails, online chats and the like - are automatically recorded and stored and accessible to the government after the fact. To describe that is to define what a ubiquitous, limitless Surveillance State is.

There have been some previous indications that this is true. Former AT&T engineer Mark Klein revealed that AT&T and other telecoms had built a special network that allowed the National Security Agency full and unfettered access to data about the telephone calls and the content of email communications for all of their customers. Specifically, Klein explained "that the NSA set up a system that vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T" and that "contrary to the government's depiction of its surveillance program as aimed at overseas terrorists . . . much of the data sent through AT&T to the NSA was purely domestic." But his amazing revelations were mostly ignored and, when Congress retroactively immunized the nation's telecom giants for their participation in the illegal Bush spying programs, Klein's claims (by design) were prevented from being adjudicated in court.

That every single telephone call is recorded and stored would also explain this extraordinary revelation by the Washington Post in 2010:

Every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications.

It would also help explain the revelations of former NSA official William Binney, who resigned from the agency in protest over its systemic spying on the domestic communications of US citizens, that the US government has "assembled on the order of 20 trillion transactions about US citizens with other US citizens" (which counts only communications transactions and not financial and other transactions), and that "the data that's being assembled is about everybody. And from that data, then they can target anyone they want."

Despite the extreme secrecy behind which these surveillance programs operate, there have been periodic reports of serious abuse. Two Democratic Senators, Ron Wyden and Mark Udall, have been warning for years that Americans would be "stunned" to learn what the US government is doing in terms of secret surveillance.

Strangely, back in 2002 - when hysteria over the 9/11 attacks (and thus acquiescence to government power) was at its peak - the Pentagon's attempt to implement what it called the "Total Information Awareness" program (TIA) sparked so much public controversy that it had to be official scrapped. But it has been incrementally re-instituted - without the creepy (though honest) name and all-seeing-eye logo - with little controversy or even notice.

Back in 2010, worldwide controversy erupted when the governments of Saudi Arabia and the United Arab Emirates banned the use of Blackberries because some communications were inaccessible to government intelligence agencies, and that could not be tolerated. The Obama administration condemned this move on the ground that it threatened core freedoms, only to turn around six weeks later and demand that all forms of digital communications allow the US government backdoor access to intercept them. Put another way, the US government embraced exactly the same rationale invoked by the UAE and Saudi agencies: that no communications can be off limits. Indeed, the UAE, when responding to condemnations from the Obama administration, noted that it was simply doing exactly that which the US government does:

"'In fact, the UAE is exercising its sovereign right and is asking for exactly the same regulatory compliance - and with the same principles of judicial and regulatory oversight - that Blackberry grants the US and other governments and nothing more,' [UAE Ambassador to the US Yousef Al] Otaiba said. 'Importantly, the UAE requires the same compliance as the US for the very same reasons: to protect national security and to assist in law enforcement.'"

That no human communications can be allowed to take place without the scrutinizing eye of the US government is indeed the animating principle of the US Surveillance State. Still, this revelation, made in passing on CNN, that every single telephone call made by and among Americans is recorded and stored is something which most people undoubtedly do not know, even if the small group of people who focus on surveillance issues believed it to be true (clearly, both Burnett and Costello were shocked to hear this).

Some new polling suggests that Americans, even after the Boston attack, are growing increasingly concerned about erosions of civil liberties in the name of Terrorism. Even those people who claim it does not matter instinctively understand the value of personal privacy: they put locks on their bedroom doors and vigilantly safeguard their email passwords. That's why the US government so desperately maintains a wall of secrecy around their surveillance capabilities: because they fear that people will find their behavior unacceptably intrusive and threatening, as they did even back in 2002 when John Poindexter's TIA was unveiled.

Mass surveillance is the hallmark of a tyrannical political culture. But whatever one's views on that, the more that is known about what the US government and its surveillance agencies are doing, the better. This admission by this former FBI agent on CNN gives a very good sense for just how limitless these activities are.