Even with copious vetting, every president from Carter though Bush has put forward some nominee who embarrassed him.
A few disclosures to the incoming Obama administration: As a 20-year-old, I
received a ticket (fine greater than $50) for having jumped a subway turnstile
in New York City.
A few years later, I received another ticket (fine likewise greater than $50),
this time for allowing my miniature dachshund to run off the leash in Riverside Park. I spent several years as a bass
player in a rock band. And one of my earlier efforts in journalism, a
poorly-received attempt at humour about some socialists who turned me into a
Republican for an evening, led to a demonstration by the International
Socialist Organisation outside the offices of my employer. I believe one of the
chants was this: "TA Frank, he should go, kill and die for Texaco."
I recite this dull list of facts because each is an example of what I would need
to reveal in order to be considered for a job in the Obama administration. And
I imagine the above paragraph alone would be enough to bring the process to a
premature halt. The New York Times says this year's questionnaire may be the
"most extensive – some say invasive – application ever". And the
increased levels of disclosure have been coupled with what Obama's transition
guru John Podesta calls "the strictest ethics rules ever applied".
Sounds like fun. We're well on our way to the most boring group of
applicants ever. (When even I look overly colourful, you know you're in a
boring place.) On the one hand, I suppose this is all well and good, provided
these boring people are good at their jobs and can save the nation from
meltdown. That's high priority. But on the other, I hope Obama will pick a few
eccentrics and rogues – not only because some jobs are best suited for
eccentrics and rogues (Pat Moynihan was an entertaining UN ambassador), but
also because scandal will befall someone in his administration anyway. It's
unavoidable. Relentless disclosure of one's life has been standard in Washington since the end of Watergate and
the passage of the Ethics in Government Act in 1978. With the exception of
George Bush's White House, nearly every incoming administration has been
described as having the most stringent vetting ever.
Disclosure of even minor traffic tickets – as well as the all-purpose
request for information that "could be the possible source of
embarrassment to you, or to the president" – has been standard for nearly
30 years now. Has it prevented scandals? Not at all. Even with copious vetting,
every president from Carter though Bush has put forward some nominee who
embarrassed him. In the case of Bush the Elder, one classic move was to make
White House Counsel C Boyden Gray an ethics advisor, only to find that Gray had
innumerable conflicts of interest himself.
In an ideal world, of course, the very act of disclosing all finances and
potential conflicts of interest would go a long way towards satisfying the
American people that their public servant in question was honourable. In the
real world, however, it has wound up having the opposite effect. Disclosure
just tends to feed more insistence on disclosure. That's because we tend to
think the worst of our political opponents, so that the more we see the more
suspicious we tend to get. This works the same way on both sides. I still find
Dick Cheney's Halliburton connections to be rather malodorous, even though
they've been disclosed. Republicans still find Democratic connections to Fannie
Mae to be malodorous, even though they've been disclosed.
Certainly, some of the conflict of interest blowups we've seen over the
years have been genuinely outrageous. More commonly, though, they've revolved
around things like the peanut loan to Jimmy Carter. Do you happen to recall
that in 1979 a special counsel was appointed to investigate the loans made to
Jimmy Carter's peanut business by a bank once controlled by his friend Bert
Lance, director of the office of management and budget? If you do, then you're
probably Jimmy Carter or Bert Lance. But at the time, it seemed like a big deal
for some long-forgotten reason. The trouble is that Washington DC
is a small town, and conflicts of interest suffuse everything that happens
there. No amount of disclosure is likely to change that.
Now look, I'm still a big believer in transparency and disclosure. I'd never
suggest that the White House revert to backroom winks and handshakes when
staffing up or that Congress ease up on its ethics rules. And Obama has done
very well to vet his people fully rather than meet them once and look them up
on Wikipedia. But let's not forget that the press is hungry for scandals no
matter what, and if it can't get big stuff, it'll settle for small things.
Embarrassment of some sort is inevitable, and Obama might as well make the best
of it. So if a non-boring-but-checkered candidate comes across his desk – like,
say, a Clinton
– I hope Obama won't let the vetting break the deal if he really wants to hire
the person in question. Like every president, he's screwed anyway, so he might
as well enjoy the company he keeps.
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