White House Chronicle

News Analysis With a Sense of Humor

Notebook: Requiem for American Justice

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I have loads of my words to eat, a feast of kingly proportions.

I don’t know when I started, but it must have been back when I was traveling on the speaking circuit. It doesn’t matter.

This tale of getting it wrong starts in London, where I was asked to address a conference on investing in America. Most of the questions weren’t — as I imagined they would be — about investment and returns on it, or taxes, or the exportability of profits. Instead, the questions were about the U.S. legal system; how litigious we are and what that is like.

My response was that our courts are fair, there is less day-to-day litigation than you might think, and the courts can serve you as well as those who dispute your actions. I said, “Don’t be afraid of litigation. It could be your friend.”

Next stop: New Delhi. The question was how can we get more U.S. investment? My answer: Fix your courts. They are famous for how slow they are to reach a decision. Americans are used to predictable legal speed.

In Moscow, during the halcyon Mikhail Gorbachev days, I was asked about how to get U.S. companies to invest in Russia. My answer: Make sure the courts work fairly and, above all, are clear of politics.

In Ireland, I debated Martin McGuinness, the late IRA leader. It went well, despite my English accent. My contribution was to tell McGuinness that if there ever is a united Ireland, make sure the constitution doesn’t hide anything under the mat (I was thinking of slavery in America) and make sure the court system looks to that constitution, not to politics.

Why am I eating on my words? Why am I shoveling them down my throat by the (Imperial) bushel?

The front page of The Washington Post for July 18 tells the story: Three pieces there add up to up a requiem for American justice.

Exhibit 1, this headline: “In deadly raid DOJ eyes 1-day sentence.”

Exhibit 2: “Thousands here legally have 60 days to leave.”

Exhibit 3: “Brazil judge in Trump’s sights.”

Two of these shameful reports show that neither the judicial process nor the laws of the United States are sacrosanct anymore.

The third shows that the Trump administration not only doesn’t respect our own judicial processes, but also those of other countries.

The perversion of justice isn’t a domestic matter anymore.

******

The Trump budget cuts are moving through the system, like a virus. There are clusters of damage and some slow lower infection, but nonetheless are capable of inflicting severe harm.

I was reminded of this when at a Newport Classical Music Festival concert last week, the deputy chairman announced that they needed $40,000 to make up for the termination in National Endowment for the Humanities’ funding.

Now you could argue that Newport Classical will get by, and divine music will continue to echo through the Gilded Age mansions — known as “cottages” — without the government’s help.

But what about less-affluent places where concerts, plays and ramp-on for young people in the arts will be reduced or ended due to a lack of government support?

******

Some things take a long  time to invent.

Take cup holders in cars. No technology was needed but it wasn’t until the 1980s that a convenience store chain realized that their hot coffee needed a place of rest in cars.

They came up with a plastic device that hooked over a window. Okay unless you opened the window inadvertently, in which case the coffee or other liquid would land squarely in the customer’s lap. Ouch!

Detroit saw the possibilities and soon you were urged to buy an automobile based on how many drinks could be stowed safely in built-in cup holders during travel. Not to be outdone by Detroit, and all the other car manufacturers, recreational boats were next to secure drinks in holders.

One has to wonder why this wasn’t done in carriages or stagecoaches a long time before the automobile?

******

I flew from Rhode Island to Washington this week and I am writing this on my return trip on the train — unquestionably, a superior way of making this trip.

Of course, predictably, the plane was late, but I was feeling smugly superior. I had scored a first-class seat. My wife found me a first-class fare that was cheaper than coach. I think the term of art for this is: Go figure.

For my lucky break up front, I had nice service and a choice of protein bars or Biscoff cookies. For this people pay a lot of money?  Go figure.

New Oil Discoveries Threaten Obama’s Energy Strategies

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“When an irresistible force such as you

“Meets and old immovable object like me

“You can bet just as sure as you live

“Something’s got to give …”

— Johnny Mercer

When Johnny Mercer penned those words, he was speaking of love not politics, and not the politics of energy. But he could have been.

In energy, there are two great forces that collide: public policy and the market. Despite the love affair of recent decades with markets, neither is always right.

Consider the struggle between old energy –market-tested and with a mature infrastructure — and new, alternative energy.

Public policy, under Republicans and Democrats, has sought to discourage the nation’s ever-greater dependence on imported oil (about 60 percent). But the market has sung a siren song, tempting us to more oil consumption.

Back in the 1970s, when we imported only 30 percent of our oil, the country was frightened into making great efforts in research and development to find alternatives to oil. Most of those concentrated on oil substitution and new ways of making electricity. None of the new ideas penetrated the market in any serious way, with the possible exception of wind, and that took many years to gain general acceptance and to overcome institutional and technical issues.

The Big Enchilada, oil, proved to be recalcitrant. President Jimmy Carter wanted to make it from coal; a nascent ethanol industry was tentatively testing the forbearance of government in seeking tax breaks and subsidies.

The search for a way out began after the Arab oil embargo of 1973-74, and reached a zenith with the Iranian Revolution of 1979. Many well-intentioned programs were undertaken, concentrating primarily on coal — coal as a gas, coal as a fluid and the improved combustion of coal.

But it was then, as it is now, a wild time for new entrants. Dozens of projects were funded including magneto-hydrodynamics, in situ coal gasification, garbage to electricity, battery research, cryogenic transmission research and energy storage in fly wheels.

Some, if not a majority, of the projects were pure science fiction.

The energy establishment favored not so much the new as the duplicative. Its members leaned to coal, oil shale, more oil and gas leasing and more nuclear. The old Mobil Oil Company paid a whopping $212 million for a Colorado oil shale lease without regard to how it could be worked.

Across the Southwest, banks lent to every energy project that came through the door. Natural gas got short shrift because it was wrongly thought to be a depleted resource.

Then in the mid-1980s, Saudi Arabia opened its oil spigot all the way (10 million barrels a day) and the market annihilated expensive energy from new sources. With gasoline cheap again, SUVs hit the roads in giant numbers; a string of Southwest banks collapsed; and the energy debate turned not to changing consumption but to deregulation, facilitating profligate use across the board.

The market spoke and it shouted down concerns about national security or technological substitution. Public policy surrendered to the market. Despite fine speeches from secretaries of energy on the danger of exporting our security and our money, the market continued its advocacy of excess.

The George W. Bush administration identified our vulnerability in oil and identified a looming crisis in electricity. But it faltered when it came to government coercion of markets; for example, getting more nuclear plants built.

Bush himself fell for the temptations of ethanol from corn and the possibility of switch grass. Now these are under threat from new discoveries of oil off Brazil and far greater estimates of oil production from Iraq. In fact, Iraq is being touted as a rival to Saudi Arabia with Brazil right behind it.

The Obama administration is hell-bent on getting off old energy. It loves “alternatives” and it’s committed to doing something about global warming.

But in research, money does not equal results. While the Department of Energy is chock full of money for new energy research and development, cheap natural gas and new potential oil from unexpected quarters may do to Obama’s new energy hopes what it did to Carter’s: undermine and expose them to ridicule.

Public policy may again be pushed around by the irresistible force of the market, even if it is not serving the national interest.