Furlough Journal: It’s starting to get serious

An update from my little corner of the partial government shutdown: it continues, but I’m just back.  This past week I’ve been on a vacation that was planned and approved well before the PGS began, but I haven’t missed a thing because late last week my employer, a company with a contract to provide certain services to NASA’s Johnson Space Center in Houston, told us it was fine for everyone to use accrued vacation time through October 11, and that if the shutdown continued we’d receive further instructions.  So while some of my colleagues who perform (apparently) essential tasks have been doing their regular work, and other folks have been getting paid for doing other tasks, albeit not from our government offices or using government equipment, I’ve been in a holiday frame of mind and oblivious to the impact of the inaction of our Congress to do its job.  Yesterday evening I checked back in and found those promised “further instructions.”  The tone has changed.

You see, on top of the 800,000 civil servants who were furloughed and aren’t being paid since the shutdown started October 1, part of the real fallout of non-essential elements of the government being shut down is that those government agencies don’t make their scheduled payments to their contractors, who as a result may not have funds available to keep paying their employees.

In our case, as a result of not receiving expected payments from the government our company advises us that as of now we cannot use our accrued vacation hours to keep getting paid; we can, however, take leave without pay.  (Oh goody.)  For those on our contract who are furloughed, the bosses advised them that they will stop accruing vacation as of the start of the new pay period next week and offered them instructions on how to apply for unemployment insurance payments.  Those of us who are (currently) not furloughed will continue to accrue vacation (that we can’t use yet) .  Health insurance benefits remain in effect for all.

But we’re not alone.  This morning Houston’s Leading Information Source offered this front-page localization of the government shutdown story: a prediction that the number of NASA contractors in Houston who are on furlough could triple by the end of next week if Congress doesn’t end the shutdown.  In this case at least—there may be other similar cases—the blame does not rest entirely on the members of Congress who failed to do the job we elected them to do; the bureaucratic mentality that runs our government is responsible for at least part of the pain:

Some of the pain could be eased if NASA paid contractors millions of dollars it owes them for completed work, Mitchell said. Just before payments were to be made to contractors, he said, Elizabeth Robinson, NASA chief financial officer, furloughed workers in the office where checks are written.

“There is no reason NASA can’t pay these small contractors the money due to them,” Mitchell said. “It’s in the bank, it’s due to them, and she’s not paying them because she considers people who pay bills for NASA non-essential.”

Some contractors are owed for as much as two months of work, he said.

Neither Robinson nor a NASA representative could be reached because of the shutdown.

Of course.

Furlough Journal: We don’t negotiate with terrorists

There has been a small amount of entertainment value so far from the “partial government shutdown,” and I don’t just mean the fun I’ve had during the time away from the office.  On top of watching my bosses devise legitimate projects we can all work on outside of our government-provided offices and away from our government-provided equipment so no one will miss a check or a part of one, and taking care of my own projects both at home and on the driving range, I’ve had time to consider the silliness that our members of Congress have been reduced to while simultaneously trying to end the “crisis” they created and make sure they won’t be blamed for it once it’s over.

Today, after a failed series of attempts to pass laws to fund small slivers of government operations which proponents argued “everyone was for,” the House passed a bill to guarantee that furloughed workers will get full back pay for the furlough period, whenever it finally ends.  The Senate and the president have also expressed sympathy for the poor, innocent government workers who could be facing serious financial trouble if they start missing paychecks as a result of a standoff that they had no part in starting (or ending, apparently).  But this approach raises an interesting point.

…even as Congress and the White House rallied around the bill, one outside group said it “demonstrates the stupidity of the shutdown.”

Making the shutdown less painful for 800,000 federal employees will encourage Congress and the White House to extend it even longer, driving up the cost, said Steve Ellis of Taxpayers for Common Sense.

Ellis said “essential” federal workers who stayed on the job “will feel like suckers because they’ve been working while the others essentially are getting paid vacations.”

Whatever the negative effects of this partial government shutdown are, all of the victims are innocent ones.  Those responsible for the shutdown weren’t aiming at World War II veterans and their memorial in Washington any more than they meant to harm children or poor people or the space program or home loans or anything else.  Regrettably, they don’t care about any of that, because they are hysterically blind to everything but their true goal: the only target of the intransigence on the part of the extremist Republicans in the House is President Obama.  They want to prevent him from implementing his plans, and they don’t care that he’s already won on the health care reform issue three times: in Congress when it was approved, by the people when he was re-elected, and at the Supreme Court when the law was ruled to be constitutional.

One important difference about this Washington pissing contest as compared to those of the past few years (remember “the fiscal cliff”?) is that Democrats are not taking the bait: so far they haven’t given in to any urge to negotiate with the terrorists, and they should be commended for that.  As Dave Weigel reports in Slate, the Democrats have learned a few things lately about how to hold the line.

“Dealing with terrorists has taught us some things,” said Washington Rep. Jim McDermott after voting no on one of Thursday’s GOP bills. “You can’t deal with ’em. This mess was created by the Republicans for one purpose, and they lost. People in my district are calling in for Obamacare—affordable health care—in large numbers. These guys have lost, and they can’t figure out how to admit it.” Why would House Democrats give away what the Supreme Court and the 2012 electorate didn’t? “You can’t say, OK, you get half of Obamacare—this isn’t a Solomonic decision,” McDermott said. “So we sit here until they figure out they fuckin’ lost.”

UPDATE OCT. 6: But Pat, some may say, surely this whole partial government shutdown thingy isn’t as simple as just the conservatives still fighting with the president, there must be more to it than that.  No, there isn’t: they’ve been planning a government shutdown aimed at Obamacare for months and months, and this morning The New York Times laid it all out, including quotes from the proud perpetrators:

To many Americans, the shutdown came out of nowhere. But interviews with a wide array of conservatives show that the confrontation that precipitated the crisis was the outgrowth of a long-running effort to undo the law, the Affordable Care Act, since its passage in 2010 — waged by a galaxy of conservative groups with more money, organized tactics and interconnections than is commonly known.

(snip)

The current budget brinkmanship is just the latest development in a well-financed, broad-based assault on the health law, Mr. Obama’s signature legislative initiative. Groups like Tea Party Patriots, Americans for Prosperity and FreedomWorks are all immersed in the fight, as is Club for Growth, a business-backed nonprofit organization. Some, like Generation Opportunity and Young Americans for Liberty, both aimed at young adults, are upstarts. Heritage Action is new, too, founded in 2010 to advance the policy prescriptions of its sister group, the Heritage Foundation.

(snip)

On Capitol Hill, the advocates found willing partners in Tea Party conservatives, who have repeatedly threatened to shut down the government if they do not get their way on spending issues. This time they said they were so alarmed by the health law that they were willing to risk a shutdown over it.

(snip)

In the three years since Mr. Obama signed the health measure, Tea Party-inspired groups have mobilized, aided by a financing network that continues to grow, both in its complexity and the sheer amount of money that flows through it.

A review of tax records, campaign finance reports and corporate filings shows that hundreds of millions of dollars have been raised and spent since 2012 by organizations, many of them loosely connected, leading opposition to the measure.

The story is full of details about the groups and people behind the effort, and the enormous sums of money they’re spending to stick it to the president.  Check it out for yourself.

Furlough Journal: Finding the past in the present

The “partial government shutdown” means I’m at home this week with time to kill; yesterday I had planned to play golf but it rained…a lot.  (Today it rained again; hey, aren’t we in a drought?)  So, I finished off the last two issues of Golf magazine, which I had allowed to lapse, and then organized the more than two and a half years of back issues of Texas Monthly that I’ve been ignoring since…well, since March of 2011, our state’s 175th birthday.  Texas Independence Day, March 2, 1836; while the siege at the Alamo neared its end, 59 Texans gathered at Washington-on-the-Brazos and declared Texas a nation independent of Mexico.

The cover story in “The Terquasquicentennial Issue” is a tour of 175 historic events and places in Texas history.  From 113 million year old dinosaur fossils west of Glen Rose (#1) to the invention of the integrated circuit (#23) and the frozen margarita machine (#22), both in Dallas (dammit), to the sites of infamous murders (#4, #7, #15, #34, #46, #62)  and great literature (#29, #81) and the first Dr Pepper (#145) and important sports milestones (#10, #18,  #53), the list is a great read for Texans and, I think , at least amusing for non-Texans.  But #31 made me stop and think: the first Confederate monument in Texas, erected in 1896 and still there today on the grounds of the Grayson County Courthouse in Sherman, in north Texas.

I’ve lived in Texas for more than 45 years, and I’ve seen plenty of monuments to Confederate war dead, including some pretty impressive ones on the grounds of the state capital; I never gave much thought to any of them.  Even when I considered the probable impropriety of praise for the losers in a civil war, I reconciled it to myself with the thought that it was a memorial placed by good-hearted people to honor lost brothers.

But the wording on this memorial got me thinking (emphasis mine):

“Sacred to the memory of our Confederate dead, true patriots, they fought for home and country, for the holy principles of self government—the only true liberty. Their sublime self sacrifices and unsurpassed valor will teach future generations the lesson of high born patriotism, of devotion to duty, of exalted courage, of Southern chivalry.”  “Fighting for the preservation of family, homeland and rights is never a lost cause. So great the valor, so supreme the sacrifice, so red the rose . . .”

Maybe it’s just me, but all I can hear in my head as I read that is the echoes of today’s far right.  The invocation of traditions of faith and righteousness are the buzzwords of today’s extreme conservative political machine; the people who claim to love and cherish the U.S. Constitution and the laws of this country, and who are fighting the good fight to take their country back (from whomever), are using the same language as people who supported and honored the traitors who took up arms against the United States of America, who claimed the backing of the Almighty in a fight to defend the practice of human slavery.  Today, conservatives impugn their political enemies for an alleged lack of patriotism using the same language that was used to exalt traitors to this country.

Do many of the extremist Republicans who are responsible for today’s standoff in the current fight over “family, homeland and rights” look to those rebels as examples of “high born patriotism” and “devotion to duty”?  Do any?  It makes me wonder.

At this point in the discussion there is really only one question left

This has been swirling around in the vast empty expanses of the inside of my head for a few weeks now; it comes up again whenever I hear another story about members of Congress not doing one of their basic jobs, providing for the smooth operation of our federal government.

The House and Senate are supposed to pass a budget to fund operations of the federal government, but they haven’t done so in years.  They’ve passed a series of continuing resolutions, which essentially renew the previous spending plan for government departments.  Today is the last day of the federal government’s fiscal year, the day the previous budget plans expire.  You’d think Congress would take care of that, right?  In fairness, most members of Congress want to pass new spending legislation, but they’re being stymied by extremist Republican/Tea Party members who are still fighting the fight over the Affordable Care Act.  Obamacare.

The president’s signature piece of legislation overhauling the way we provide and pay for health care insurance in this country was approved by Congress after a terrific fight; the law has since been found by the Supreme Court of the United States to be constitutional.  Like a lot of laws, this one doesn’t enjoy the full support of everyone in the country, but it did win support of a majority in Congress and on the Supreme Court, and that’s what it needs to become the law of the land.  It’s a big victory for President Obama, maybe his biggest.

So, why…why, why why, in the wide wide world of sports, do the extremist Republicans think they can convince the president to just give it up?  Because that’s’ what they’re doing right now.

It is Congress’ responsibility to pass the spending legislation, no one else can do it for them; but the extremist Republicans in the House (to this point) will only pass a spending plan that specifically cuts out funding for the new health care insurance law.  Surprise, surprise: the Democrats in the Senate refuse to accept that, and they pass legislation that funds Obamacare and send it back to the House.  Stalemate.

So the extremist Republicans offer a compromise, promising to pass a bill to fund the government if the president and the Senate will agree to delay implementation of the ACA.  And I ask, again: why the hell would they agree to that?

I get it, extremist conservatives don’t like the new law.  Why they’re so vehemently opposed to it is not the point right now; the point, I believe, is that it’s insane for them to think that threatening to hold their breathes until they turn collectively blue is a viable strategy to either force or persuade their political opponents to hand over the marbles they won fair and square.

In a negotiation, in an attempt to come to a compromise solution, one side offers the other something it wants in return for a concession, and they trade offers back and forth until they (hopefully) come to an agreement.  Here, the extremist Republicans aren’t offering the other side something it wants in an effort to come to an agreement…in fact, the thing the other side wants in this case—a new spending plan—is something the Congress is bound by law to provide, no negotiation required.  Instead, the extremist Republicans are threatening to take action (or more accurately for this case, inaction) that will hurt EVERYBODY if they don’t get their way.

I ran across a very interesting short blog post by James Fallows at The Atlantic this morning, in which he distills important points that I think we should all keep in mind as we consider the on-going dysfunction in our government and our politics in the last generation or so: the only fight that really matters today is the one within the Republican Party, and that we are cruelly disserved by any alleged “journalism“ that doesn’t see that and report it plainly.

…the fight that matters is within the Republican party, and that fight is over whether compromise itself is legitimate.** Outsiders to this struggle — the president and his administration, Democratic legislators as a group, voters or “opinion leaders” outside the generally safe districts that elected the new House majority — have essentially no leverage over the outcome. I can’t recall any situation like this in my own experience, and the only even-approximate historic parallel (with obvious differences) is the inability of Northern/free-state opinion to affect the debate within the slave-state South from the 1840s onward. Nor is there a conceivable “compromise” the Democrats could offer that would placate the other side.

(snip)

This isn’t “gridlock.” It is a ferocious struggle within one party, between its traditionalists and its radical factions, with results that unfortunately can harm all the rest of us — and, should there be a debt default, could harm the rest of the world too.

Check out his post for links to some of the journalists Fallows believes are reporting the real heart of the problem…I plan to do that tomorrow if the furlough begins and I find myself with extra time on my hands.

Meet Ed Snowden, and other notes from a remarkable week in privacy and espionage‏

As they used to say on every Top 40 rock ‘n’ roll station ever, the hits just keep on comin’:


After a stunning one-two punch of secret spying revelations last week, one thing that I hadn’t really counted on happened right away: a voluntary and fairly proud confession from the guy who says he turned over the secret documents to the reporters.  Meet Ed Snowden, and read the Washington Post reporter’s sidebar describing what it was like to communicate with Snowden, who knew that he had turned himself into a marked man.


Last week someone (I forget who) noted, possibly on Twitter, the irony that we as a nation feel confident in farming out our National Security Agency work to companies like Snowden’s employer, Booz Allen Hamilton, which didn’t know that he was gathering up documents and talking to reporters, but the job of groping us in airports is so critical that only a government employee will do.  Oh, by the way, in a classic horse/barn door kinda thing, Booz Allen finally got around to firing Snowden…


I also expected this sooner: the ACLU is suing the government alleging violation of its rights of free speech, association, and privacy:

As an organization that advocates for and litigates to defend the civil liberties of society’s most vulnerable, the staff at the ACLU naturally use the phone—a lot—to talk about sensitive and confidential topics with clients, legislators, whistleblowers, and ACLU members. And since the ACLU is a VBNS [Verizon] customer, we were immediately confronted with the harmful impact that such broad surveillance would have on our legal and advocacy work. So we’re acting quickly to get into court to challenge the government’s abuse of Section 215.


One of the most fun things here has been that the secret court orders forcing telephone and Internet companies to turn over information are so secret that the companies aren’t even allowed to discuss the orders, and the news has made it look like the companies have been happily cooperating with the feds in violating their customers’ privacy.  For anyone who still thinks there is no presumption of privacy anymore, consider this: Google is asking government permission to spill the beans and tell its customers what it has done, in order to “to ease public concerns about the privacy and security of users’ data.”

Google’s inability to disclose “the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests” fuels speculation that the company has given the U.S. government free access to all its users’ data. That speculation, [Google chief legal officer David] Drummond wrote, is “simply untrue.”


What about our national leaders, the men and women to whom we look for guidance and wisdom on such occasions…what do they have to say about this whole invasion of privacy/government spying on Americans thing?  Fortunately, some have been right on top of things, speaking out in favor of a national discussion about the proper balance of safety versus privacy; some have taken some time to think things over before coming to a conclusion about Snowden, and most are waiting for the polls to come in.


OK then, here’s the first poll: Americans tell the Pew Center that they’re pretty much OK with their government spying on them…

The latest national survey by the Pew Research Center and The Washington Post…finds no indications that last week’s revelations of the government’s collection of phone records and internet data have altered fundamental public views about the tradeoff between investigating possible terrorism and protecting personal privacy.

Currently 62% say it is more important for the federal government to investigate possible terrorist threats, even if that intrudes on personal privacy. Just 34% say it is more important for the government not to intrude on personal privacy, even if that limits its ability to investigate possible terrorist threats.

Not everyone thinks that, though, me included.  But I’ve already had my say this past week; I recommend taking a look at Emily Bazelon’s thoughts on government abuse of power…

The government has admitted to unconstitutional NSA spying before—last year. The existence of these newly reported databases should be worrisome because once the information is collected, it is so much easier for the government to misuse it. The more data mining, the more it becomes routine and the more tempting to come up with more uses for it. If you trust President Obama and his people not to go too far, what about the next president, or the one after that? We have now had a Republican and a Democrat administration sign up for a broad expansion of warrantless wiretapping and other surveillance, and bipartisan support in Congress for the tradeoffs we have struck. And yes, there is more to the current revelations than we know—in particular, the rationale for the FISA court’s long-standing order for the phone data, and the rationale for PRISM. Let’s concede that a terrorist attack somewhere has probably been prevented as a result of these efforts. So how do we ever go back?

We probably don’t. And someday, the abuses will begin, in all likelihood long before we know about them. I’m not usually moved by slippery slope arguments. But this one looks so very easy to slide down.

…and Charles Cooke’s consideration of a simple historical lesson on personal privacy in a free society:

The adult truth, as ever, is that being free means accepting the negative consequences of being free. I daresay that if cameras were installed in every one of the Republic’s private bedrooms and monitored around the clock by well-meaning sentinels, then the rates of both domestic violence and spousal murder would decrease dramatically. But a free people must instinctively reject such measures as a profound threat to their liberty and, in doing so, accept the risks of unregulated home life. Alas, the story of the last century is the tale of a gradually diminishing tolerance for risk. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it,” wrote Thomas Jefferson. In almost all areas, our modern calculation is quite the opposite.

(snip)

The Fourth Amendment exists now for precisely the same reason that it existed in 1791: to ensure that, in the absence of extremely compelling situations, Americans are not subject to casual government scrutiny. Its authors understood that knowledge is power, and that, as there is no justification for the state to have too much power over you, there is also no justification for the state to have too much knowledge about you


I hope that as this story continues in the months to come, people will give it the serious thought that it deserves.  For those having a tough time getting a handle on what all the furor is about, try this as a starting place: would you feel the same way you do now about the actions of the U.S. government if the last president were still in the White House?