Wednesday, August 7, 2013

THE BASEBALL SCANDAL’S MAN OF MYSTERY


What did Antonio Bastardo know, and when did he know it?  When did Bastardo, a very valuable relief pitcher for the Philadelphia Phillies, know that he was on Major League Baseball’s suspension list, for buying (and presumably using) outlawed Performance Enhancing Drugs from the now-defunct Biogenesis “Clinic” during the 2012 season?

Of the 15 players marked for punishment in baseball’s Biogenesis scandal, only Bastardo’s banishment has almost certainly eliminated his team from 2013 post-season contention.

Like Ryan Braun, the Milwaukee Brewer’s All-Star left fielder who led the parade of self-described penitents in accepting, 2 weeks ago, his rest-of-the-regular-season suspension, All-Star shortstop Everth Cabrera’s team, the San Diego Padres have no prospects for the post-season.  All-Star outfielder Nelson Cruz’s Texas Rangers, and All-Star shortstop Jhonny Peralta’s Detroit Tigers are so good, even their painful absences leave them, respectively, a strong contender and a virtual lock to make the post-season playoffs. 

Leaving aside the Yankees’ third baseman Alex Rodriguez, whose appeal against his 215 game suspension (like all the PED suspensions, without pay, which is A-Rod’s unique case is well over $20 million a year) gives him one last chance to “be a star” for the rest of the season, and perhaps, -- and it would be near-miraculous,-- to drag his injury-riddled team into the playoffs, the other 9 suspendees hardly matter, to their teams, to most fans, to almost anybody outside their immediate families.

The answer to when Bastardo knew should determine his future with the Phillies. If he knew before July 31, MLB’s trading deadline, and kept it from his team until Sunday night, which is when his General Manager Ruben Amaro, Jr. says he first found out, that in Bastardo’s unbelievably inadequate words, "something might be going on," he should never again enter their clubhouse.

The Phillies were, at best, a long shot for the post-season even with Bastardo giving them pretty consistent excellence as their 8th inning set-up man.  But Amaro apparently thought they still had a chance, and thus, held off trading several of his veteran players for younger prospects from teams who were loading up for serious runs at the playoffs. Many fans, many baseball “experts,” consider Amaro’s non-moves to have been a major mistake.  Had he known he would be without Bastardo for his team’s last 50 games, he might well have done differently, and that might have made a difference for the Phillies next 10 years.

Amaro may now allow some of those veteran players (3B Michael Young, C Carlos Ruiz, All-Star pitcher Cliff Lee) to change teams in waiver deals, but his options are fewer, and his return will likely be smaller. 

Because Antonio Bastardo gave him no warning.   

The other 2 clubs in the playoff running, the Rangers and the Tigers, both had plenty of advance notice that their guys were in trouble, enough time to make plans for life without Cruz and Peralta, and in Detroit’s case, to trade for a replacement shortstop.

So it’s a consequential question -- what kind of a warning did Bastardo get?  His name had never been in the papers, had never been leaked by MLB sources to any of a thousand possible reporters.  So, maybe he thought he’d squeaked through.  Sources tell me, other players have.

So, when did MLB put Bastardo on notice?  By Sunday, when he said, "something might be going on," he knew he had already cut a deal with MLB, to give up playing and getting paid for the rest of this season, in exchange for silence about the substance of his misdeeds, and a clean bill to start over in spring training of 2014. Was that deal done overnight?  Or was it hammered out between Bastardo’s agent (and lawyer?) and MLB over some period of time?

If the latter is the case, more shame on Bastardo.  If MLB waited till the last minute, it’s a big question “Why?”  And, why did MLB not let the Phillies in on the secret?  The team’s ignorance, of Bastardo’s coming punishment, of the dramatic reduction of their forlorn playoff pretensions, has hurt them, their fans, and most likely, affected the competitive balance, present and future, of the National League East. 

Bastardo’s role in nurturing that ignorance is close to unforgivable.  The Phillies are talking about his return to the team in 2014, but I don’t see how they can mean it. But if MLB was also responsible, their share of the blame is huge, and close to unfathomable.

In keeping with its mass judgment and cosmetic, “move along,” strategy, Major League Baseball’s (and the players’ union’s) conspiracy of silence denies fans the facts they need to make particular judgments about individual players.  The folks who buy the tickets and bring their valuable eyeballs to the TV screen deserve to know not only who did what, but also, in this case, who knew when. 

Baseball’s lack of candor is making a bad case smell much worse.

Saturday, August 3, 2013

A GENUINE TRIBAL PATTERN: [GETTING] RIPPED OFF BY SOME WHITE MEN


Can we agree on this: the fairness and accuracy of the following analogy?

When it comes to the qualities of materials, craftsmanship and authenticity, the products sold under the brand name Navajo by the upscale-ish retailer Urban Outfitters compare with those made and sold by actual members of the Navajo tribe as Urban Outfitters itself compares to John’s Bargain Store.

I make this comparison because settlement talks between the tribe and the styled-rag sellers have collapsed and the Navajos' suit to stop Urban Outfitters from using the tribe’s name as a brand is going back before a judge.

The rest should be easy to figure.  Should be.

Urban Outfitters says, according to a “wire report” in my home newspaper, The Albuquerque Journal, that “’Navaho’ is a generic term for a style or design,” and that the tribe’s trademark claims should be nullified.

I will spare you the newfound New Mexico zealot’s reaction to the UO proposition that visual patterns and crafts techniques specific to the Navajo tribe can legally be appropriated and reproduced, or approximated and slapped together in some off-shore sweat shop, and then be sold with a “Navajo” label to any misguided consumer who is willing to find it Navajo-ish enough.
I will simply propose, if in the end, the Navajos and the fashion peddlers can’t find a licensing price, and the judge actually finds for UO, that someone buy up some Bargain Stores and reopen them as Urban Outfitters- (and to show you what an upright and honest merchant I would be) – Like.

Our motto: Do Be Fooled.
 

 

Friday, August 2, 2013

SPLISH SPLASH, ALL THE LAWYERS TAKE A DIVE IN THE GOLDMAN SACHS POOL


I'm trying to restrain myself from suggesting metaphorically what a Goldman Sachs swimming pool might be filled with.

Tonight, alas, it would be full of glee after attorneys for both sides in the Fab Tourre case conspired to keep some of their executives and one of their biggest clients out of prison.

Oh, yes, lead prosecutor Matthew Martens did denounce "greed on Wall Street," (curse that pavement!) and even convinced several jurors that Tourre's crimes were committed as a cog in the Goldman Sachs machine (how about prosecuting them, Goldman and Sachs? Oh, they're dead.).

But they concluded that he was a "willing cog," and so bore responsibility for his sucker-cheating salesmanship.

All the jurors, or the 5 out of 9 who spoke to the NY Times, seem to have gotten it, Vice President Tourre was really a small fish.

Prosecutors like Martens' boss, Mary Jo White, now the chairman of the SEC. but for several very productive years, the US Attorney for the Southern District of NY, know what you do with small fish like Veep Fab. You flip them, you turn them, you offer them mitigated justice to get their help in frying the big fish, the people for whom Fabrice Tourre's $1.7 million year, the evidence Martens offered of his greed, is lunch money.

Not doing so is called taking a dive. Nice bathing cap, Ms. White.

At Goldman Sachs every cog knows the driving wheels. At Goldman Sachs, Vice President Tourre did not create the stinking financial product, the plastycene property procurement package, or whatever he and the shysters call it, but he knows who did. Common knowledge, for whatever that's worth, always credits the hedge fund hog John Paulson with designing the dishonestly described, "you lose so I can win," product. It is certain he did win, the Washington Post reports, roughly $1 billion.

Goldman Sachs' cut? (Not for the dead guys, but maybe for their descendants, as well some few of their top employees.) $15 million, reports the Post.

And speaking of those top employees who towered above Fab in the GS family tree, surely some of them knew about what John Paulson had dreamed up, and some of them knew exactly what Tourre was doing. And Fab knows their names, and knows what they said and did to authorize and promote the toxic investment. Did SEC Chair White, who congratulated Martens and his team and the office staff, caterer and loyal, patient spouses and children at home for crushing this cockroach, ever suggest that her prosecutors try to turn Fab from defendant to prosecution witness? After all, what Fab Tourre knows is evidence of not just million dollar civil fraud, but billion dollar criminal conspiracy to cheat and defraud. As a judge would say, "I see no evidence" that she did.

I do see tracks. This is Martens' last case for the SEC, the NY Times reports, he's already told White he's out, on his way to 2, as the Times called them, "white shoe law firms." You know, the kind of attorneys who defend outfits like Goldman Sachs. Well, at the least, you'd have to say, "He didn't scare off any clients."

His dive was so perfect, he hardly made any wake in the pool. Just white shoe tracks.

Now, since Martens repeatedly kept his courtroom focus on Wall Street greed, and since even he didn't have the nerve to over-estimate the 28 year old Vice President's magnitude as a greedhead, you might think he'd want to spell out a few of the whos and hows of the greater greedians who run the rat race in which Tourre played The Fabulous Rodent, so that jury might better understand the reality of this case. When Fab Tourre lied through omission, it was called fraud; when Matt Martens did the same, it is called, admiringly, "building a case."

But if, in a sense, it was Martens' job to keep his focus strictly on the defendant, you might think it was Fab's lawyer's job to deflect or diffuse the spotlight from the defendant's well-documented sales tricks by putting them in the Big Context in which he was a small "cog."

"Where did this package come from? Who benefited most from it? Are they the same guy? What's his name again? John Paulson?"

"And, again, Mr. Tourre, how did this assignment come to you? Was it something you and Mr. Paulson together 'helped to create?' (Don't you love that phrase used by both lawyers and newsmen to describe the connection of both men to Abacus 2007-AC1, a.k.a. "the sack of shit.") Did anyone else "help" you? Anyone at Goldman Sachs? By the way, Mr. Vice President, to whom do you report? What's your chain of command at Goldman? Did the guy one up from you know what you were doing? How 'bout his boss? Oh, yeah, and what are their names?

"And you made $1.7 the year to perpetrated this fraud, what did your boss make? And what did his boss make? And the Big Boss. what's his name? Lloyd Blankfein?  What did he make that year? His title, Mr. Vice President, was CEO and Chairman of the Board. So, did he have any role in, or knowledge of, this operation? Do you know whether Mr. Blankfein and Mr. Paulson know one another?"

But defense attorney John (Sean) Coffee, publicly hailed as a "Superlawyer," didn't ask his client about any of that. In fact, he didn't call him as defense witness at all, so happy was he with his work counter-punching against the prosecution's interrogation that convinced the jury to convict Tourre.

Even jurors were shocked at that. Like, it seems, everyone in the courtroom, they had found Fab's answers to Martens' question credible and likable. It made them, several said, sympathetic, and they were surprised and disappointed --several jurors said this -- that they didn't hear him give more of his side of the story.

But his own counselor counseled him to stay silent.

Splish splash. The defense counsel takes a dive.

John (Sean) Coffey represents the very opposite of a white shoe law firm. In addition to having his own John Coffee brand law shop, he is, says his LinkedIn account, Managing Director and Co-founder at BlackRobe Capital Partners, LLC. I mean no one dressed up in black robes would do white shoe work for Goldman Sachs, would he? Oh, he does? The investment bank is paying all of Coffee's fees? Damn right they are.

And for Goldman Sachs, and Blankfein, and his many Executive and Senior and Special Vice Presidents, Fab's silence was golden.

Maybe not the best thing for Fab, certainly not the best thing for anyone who has any dealings with Goldman or Paulson or "greedy" Wall Street in general, or anyone who just cares about ethics and fairness in American justice and commerce, not such a good deal for them, us.

But it is the watchword of our times: "You get what you pay for."

Splish splash.  Silence.

 



Thursday, August 1, 2013

SOME MAXIMS FOR 21ST CENTURY WARFARE


 
First, let me confess, I have never served in the military, never fired a gun, never killed anything larger than a mouse (except for one terrible accident when I was about 8 years old when, mischievously tipping a big oil barrel to see what I could spill out of it, I was caught in the act, and in dropping my side of the tilted barrel, caught a curious piglet beneath it. It is one of the worst memories of my life.  So in addition lacking any warrior experience, I am squeamish.

Nevertheless, in a 50+ year career in journalism, I have seen warfare and its consequences (on the streets of New York, Newark, and Kent, Ohio, as well as in the Balkans, Palestine, Iraq, Afghanistan, South Sudan and Rwanda, and have spent a lot of time talking with troops and their commanders.

Not enough to make me an expert, but more than enough to conceive these ideas.

1)    Power Projection Is Over:  Wikipedia says that power projection and force projection are the same thing, and that “soft power” can also be successfully projected.


This is, to me, very confused thinking.

Power projection, once upon a time, meant the ability of a distant state to control other states.  The apex of power projection was the era of colonial empires, when the economies and polities of distant, usually African, Asian, Middle Eastern or Latin American nations, and the daily lives and ultimate fates of their people could be controlled from places like London, Paris, Lisbon, Madrid, Moscow and, yes, Washington.

Force projection is a lesser capability.  It can intimidate, punish, oppress its targets, but it, as we have learned to our sorrow, cannot control them.  One way of looking at force projection is that it is power projection without empire, since force projection does not imply the durability or the continuity of power projection.  For its targets the difference between force projection and power projection is the difference between a sock in the jaw and life in prison.  For its projectors, the limited power of force projection was nicely summed up by American fighters in Vietnam (or Afghanistan): “We control the day; they control the night.”  

Soft power, which eschews brute force, conveys influence, which can have both durability and continuity, but neither controls nor intimidates or oppresses.  The soft power of “rock and roll, blue jeans, Coca Cola,” is impressive, whether you see it as liberating or annoying, but it, even in its state-directed iterations of diplomatic alliance or exclusion or economic sanctions allows it targets to choose their outcomes.   

What power projection controlled was not just territory, but equally important, communication.  The armies of empire had superior firepower, but, more important, they knew, both strategically and tactically, what they were doing.  By and large, their victims did not.  Imperial fleets could move with speed and stealth, outpacing both warnings and preparations.  Once landed, imperial troops could overpower territories and kill or corral their inhabitants and move on, before their next targets knew they were in danger.

And control of communications was a 2-way street.  Not only were power projections‘ victims ignorant of their future, the projectors’ folks back home could be kept completely in the dark about the crimes and brutalities being committed in their names.

Which brings us to maxim #2:

 

2)    There Are No More Secret Wars:  Back when power projection worked, wars were a secret to their victims until it was too late, and they could be kept secret from disapproving citizens of colonial powers until the state decided otherwise, or until the disapproval was of faits accomplish, which are harder to argue against, and much harder to undo.

Now, like God’s sparrows, not a bomb or missile falls unobserved, and news of the damage done can be communicated both locally and globally, instantaneously.  For the would-be projectors of power or force, even their most incurious or controlled news media must now contend with other media voices, with other, likely often opposing, points of view, and with an anarchic world of video-capable mobile phones, cameras, computers and satellite links to tell the world of every death, every burning building.

As the Bradley Manning and Edward Snowden cases make obvious, secret attempts to project power or force can be revealed to the world, not just after the fact, but in the planning or even pre-planning stages.

As I have said before, as long as institutions involve human beings in conceiving or executing their plans, the betrayal of secrecy is not just possible, but predictable.

The cruel depredations of perhaps the world’s last empire, the Soviet bloc, its oppression, corruption and bureaucratic paralysis, were so well known that it was rejected by its own people, and shunned by the rest of the world. 

Now, with all the world witness to our projections of force in Iraq and Afghanistan (and our airborne killings in Pakistan, Yemen and Somalia, and our connections to coupsters in Honduras and Egypt) and the threats of force against Iran regularly made by belligerent blowhards in Congress, there is a widespread sense of, “There, but for the grace, or lack of interest, of the Pentagon and the White House, go I.”

In addition to the projection of power, force or influence, there is their opposite, the projection of repulsive arrogance.  This kind of arrogance and ignorance can only be remedied by my Third Maxim.

 

3)    WHERE YOU CANNOT TELL FRIEND FROM FOE, DO NOT GO:  I was going to propose as my Third Maxim, There Are No More Short Wars, but the exception proves the rule promulgated above.  The US military did conduct short, successful wars in Grenada and Panama in the 1980s.  What made these “incursions” short and successful was not just that they occurred before the globe was digitally interconnected but because in both cases, our troops, and almost all the citizens in both places knew who the “bad guys” were.  In Panama, there were few remaining supporters of the corrupt and criminal regime of Manuel Noriega, while in Grenada, the Stalinist Bernard Coard was almost universally seen as an oppressive, vicious usurper who had overthrown -- and unforgivably, killed -- the perhaps unsteady, but still widely-liked, Socialist Maurice Bishop.  In neither place did American forces face popular or dogged opposition, and we were in and out too fast for particular factions to use us to target their political or personal rivals or enemies.

Would that had been the case in either Iraq or Afghanistan!  In both of those places, we invaded in support of allies, most of whom had been out of their countries for years or decades before we projected our forces.

They told us who our enemies were, when in reality, they were theirs.  Think of Ahmed Chalabi conning ignorant fools like Paul Bremer and his boss, Donald Rumsfeld into disbanding the Iraqi Army, which they defined as “Baathist,” while most Iraqis defined as “ours.”

Then there were the “night raids” launched in Iraq and Afghanistan against people who were fingered by “our friends” for what frequently turned out to be very private beefs. Every household we overturned, every prisoner we took and held, often for years at a time, did indeed become our enemy, for reasons we gave them.

Now, the latest Inspector General’s report from Afghanistan chronicles a waste of billions given to people we knew or later learned were already against us.  And still the dollars spill across the country where they cannot be traced, much less monitored, because it is completely unsafe for Americans to go beyond Kabul.  Because we don’t know who is on which side, and a misjudgment can mean death.  Which leads us to the Fourth Maxim, which is actually the first and foremost rule of warfare in our time.

 

4)     IN TODAY’S WARS, THE VISITING TEAM NEVER WINS:  The former advantages that made Power Projection work, an outsider’s preponderance of firepower and control of communications no longer work.  Defense Secretary Chuck Hagel warns, budget cuts may force him to reduce the US Navy’s aircraft carrier battle groups and the size of Army and Marine forces.  So what?  Those carrier groups are primarily useful for force projection, which is, as I’ve argued, something we should be reducing anyway, and the days of massed troops overrunning opposing hordes on big battlefields is as dead as the harquebus and halberd.  In fact, these days, with remote-controlled, satellite guided munitions, any mass of forces is simply an inviting target.  Enemies will no longer mass against us.  It’s much easier and more effective to pick us off with small groups, carrying portable, often “improvised” (meaning home-made, not put together spur of the moment) weapons.

Massive numbers of soldiers are now chiefly useful for military occupations (as Rumsfeld tragically refused to recognize when he invaded Iraq).  Even the small, mobile forces Rumsfeld championed there served principally to drag us deeper into the briar patch.  Once there, we discovered that occupation is a thankless, often hopeless task, which, one devoutly hopes, we will avoid in the future.

And the thing about occupations, and about power or force projection, is that they are temporary.  Everyone knows that: especially the home team, whether they be our enemy, our friends, or just innocent civilians.  In Afghanistan from the day the war began, the Taliban have been telling the people they live among, or within arms’ reach of, “The foreign forces will leave one day.  We will not.”

It’s not hard to draw the conclusion inherent in that formulation, and Afghans, whether horrified or pleased by that prospective outcome, live every day in its shadow.  That’s why so many of “our friends” prove perfidious.  They want their children to survive.

Everywhere we have projected power since the 1990s, our control of events has disappeared as soon as our troops have left.  In Bosnia and Serbia and Kosovo, in Iraq, Somalia, and soon in Afghanistan, the projection of force leaves only one certainty behind: the rule of force, usually the force we fought to defeat.

The cost in blood and treasure and in America’s international reputation has been catastrophic.  The benefits to ordinary people are very hard to find.    

Thursday, July 25, 2013

PLEASE GET A JAIL CELL READY


 

Halliburton, the oil industry giant, which Dick Cheney turned into a military logistics goldmine, before selling off its subsidiaries who were being revealed to be up to their necks in overcharges to the Federal government and off the books bribes from selected (frequently inept) sub-contractors for services in the Cheney-driven wars in Afghanistan and Iraq, has admitted destroying evidence of its culpability in the disastrous Deepwater Horizon oil spill in the Gulf of Mexico in 2010.  11 oil workers were killed in an explosion, caused, at least in part by Halliburton-supplied cement.

 

In the immediate aftermath, Halliburton tried to deflect blame onto the oil rig’s owner BP, by saying that the cement was not the problem, rather; it was an insufficiency of “constrictors” to stabilize the concrete that caused the disaster.  There were only 6 constrictors, Halliburton said, when there should have been 21.  Then, Halliburton executives commissioned studies to prove their point.

 

Well, guess what, Halliburton’s tests showed the opposite.  That the number of constrictors was irrelevant, the problem was the cement.  Then Halliburton deep-sixed the studies, instructed the people who had done the study to destroy their notes, and tip-toed away, hopefully leaving BP on the hook.

 

Now, they’ve been found out, and have settled with the Federal government for the maximum fine of $200,000 and a $55 million payment to the National Fish and Wildlife Foundation, and the promise of no further Federal prosecution for their Deepwater Horizon-related crimes.

 

This leaves me with just one question: who the hell is Halliburton?

Answer: it is nobody.  Oh yeah, I remember Mitt Romney saying that corporations were people, but I guess in this case, the Halliburton people who ordered the study, and who ordered its destruction and who lied in depositions about who should pay what for the incredible losses of lives and livelihoods and environment caused by their malfeasance, “self-deported.”

 

If the Feds know their names, they’re not saying.  And if the NY Times and Washington Post, who have written about these crimes know, they are also keeping it from us their readers, Uncle Sam’s taxpayers.

 

Once again, the Obama Administration provides impunity for the rich and powerful.  But all the 1% are not alike.  Halliburton’s mystery men and women may not go to jail, but they’re not getting and Federal handouts to help them cover the costs of their crimes.  That kind of impunity is apparently reserved for Tim Geithner’s friends (and Barack Obama’s financial supporters) at the banks and investment houses.

 

And jail, it is apparently reserved for lesser or less-connected crooks and thieves. 

 

May I suggest a new patriotic holiday Jailliburton.

Wednesday, July 24, 2013

THE SECRET INGREDIENT: HYPOCRISY


If hypocrisy were oil, Washington would be Saudi Arabia.  But even by the standards of a town where disingenuousness and moral falsity frame also every public discussion, President Obama’s spokesman Jay Carney yesterday blew smoke fouler than the air in a Chinese coal mine.

“We oppose the current effort in the House to hastily dismantle one of our Intelligence Community’s counterterrorism tools,” said Carney, specifically ignoring the zeal in the Democrat’s house, the Senate, to demand changes, limits, and procedures that would certainly re-mantle the Federal Government’s universal surveillance system.

But here’s the Big Hoot:  “This blunt approach,” Carney went on, “is not the product of an informed, open or deliberative process.”

So true!  But whose fault is that?  Why, I believe it is no one other than the Press Secretary’s boss, President Barack Obama.

Until Edward Snowden spilled to Glen Greenwald in The Guardian, and later, the Washington Post, the extent of telephone, snail and email, cellphone, GPS record-keeping underway at the National Security Agency, President Obama was zealously protecting keeping all the secrets of that cuddly “Intelligence Community.”  (Anybody ever hear references to a Health and Welfare Community?  Even though they deal, literally, with community concerns.  Education community? Housing community?  Yes, it is common to invoke the Defense Community, because, it, too, like Intelligence, benefits from painted on warm and fuzzies.)

Before Snowden, all the American people were allowed to know came from some, dare I call them “cryptic” hints from a couple of well-briefed Senators, and important whistleblower coverage of phone-record-napping in the NY Times and elsewhere.  That should have alerted the public that traceable digital systems, not just phones, but computers, and GPS connectors could, and therefore were likely to be scanned for Big Data.

That the snoops are also clocking postal communications seems so “last century,” that it caught me by surprise. It shouldn’t have.  Surveillance covers all, or it’s almost nothing at all.    

That’s why turning off parts of the surveillance machine won’t work.

What will work is rule of law, covering the whole damn surveillance system, what the people’s representatives will legislate as limits, not on data collection – a blind eye sees no dangers, but on data selection: what triggers actually examining a person’s collected data, and who gets to do the examining? Is some form of warrant needed before selection can begin, and what level of cause will be required to obtain one?  Will anyone argue on behalf of privacy? What parts of a person’s data can be examined?  Who monitors the process to see that set limits are respected, that every search doesn’t simply strip-mine personal data? And who has oversight over the monitors, and how much are they allowed to share with the public?

These are all difficult, subtle, and vitally important questions.  A Congress which having taken its feet from their normal resting spot in their mouths, should not now use them to out-run their brains.  Carney and his boss are right about that. 

Information, deliberation and openness will all be required if Americans are to exercise any influence on perhaps the most important legal and political decisions of our time. But it ill behooves the man who has smothered all of them, either because he uncritically trusts the men and systems whose secrets he’s been hiding from voters, or because he mistrusts the wisdom of those citizens and finds it safer compulsively to cover his ass, to say so.

Let’s not forget that the most flagrant known examples of abuse of surveillance data come from the Obama Justice Department’s pursuit of phone records of journalists at Fox News, CBS News and the Associated Press who were working on revelations, not of strategic secrets, but of undisclosed CIA and State Department ineptitude and dishonesty.

You know the kind of thing, like that Attorney General Eric Holder was Bill Clinton’s end-of-term-pardon go-between (and might one guess, in the usually politically correct, indirect way, bagman?) with the convicted fugitive billionaire Marc Rich.  That was supposed to be a secret, too.

This of the embarrassment President Clinton and then Deputy AG Holder might have saved themselves with a little information, deliberation and openness, even at the cost of a crook’s Get Out of Jail Free card, and whatever it might have produced.