4 ms·

Such as? Not trying to be pedantic, just looking for a more specific example. Are you talking about political appointees or public servants? If so, where? What

Such as? Not trying to be pedantic, just looking for a more specific example. Are you talking about political appointees or public servants? If so, where? What agencies?

thaumasiotes 4y ago
Here is a right-coded example of a hypothetical agency behavior with many claimed historical occurrences: Suppose you are the EPA and you'd like to implement some environmental rule that might or might not be strictly within your legal powers. You work out a deal with a friendly organization and they sue you for improper stewardship of the environment (with details, obviously, according to the rule you want to implement). Then, instead of fighting their lawsuit, you settle it, agreeing to their demands -- which consist of the rule you wanted to implement. That rule is now one you are obligated to enforce pursuant to a legal agreement, instead of something you implemented on your own authority. This structure tends to prevent normal accountability mechanisms from working. (As a side note, I'm always surprised, when I see descriptions of this tactic, that it's permissible for an agency to agree to take actions that are notionally not within the power of the agency. I would be interested to know more about what exactly is going on there.)
- zdragnar 4y ago
  On June 17, the Secretary of Interior ordered the Department of Interior to take down a public website detailing settlement agreements and final dispositions. Score one for losing transparency into the cycle of bureaucrats funding former bureaucrats of similar political alignment by abusing the courts. It's really sad when you realize that Trump's administration (when the initial rule establishing the website) was more transparent than Bidens. Before, the settlements were posted immediately; now, if you even know about them at all, you need to wait months after filing a FOIA to find out about it. Some of the more prolific groups have been getting 1 to 3 million dollars a year from the settlements alone.
- bitexploder 4y ago
  Rocky flats was one of the only times one agency raided another. Wild stuff.
- sailfast 4y ago
  Fascinating. Thanks. It's not surprising to see some of these types of things getting thrown out in the end when challenged by someone on the other side of the agreement.
bitexploder 4y ago
Heads of many agencies are appointed, but all of the institutional knowledge of say the NSA, CIA, FBI, etc is buried within the organization. If you want anything done you must work within those organizations. Places like the OMB and the layers that support congress. Power brokers from their day like Karl Rove and Grover Norquist. The lobbyists that actually write the laws congress signs, the “negotiators” they use to horse trader. The military more directly serves the president, but these other agencies have accreted tremendous power. I don’t think it is some grand conspiracy, but the US government is a massive organism and some of its organs are harder to control than others. In simple terms: were they elected and do you pay for their salary?

Such as? Not trying to be pedantic, just looking for a more specific example. Are you talking about political appointees or public servants? If so, where? What agencies?

thaumasiotes 4y ago

Here is a right-coded example of a hypothetical agency behavior with many claimed historical occurrences: Suppose you are the EPA and you'd like to implement some environmental rule that might or might not be strictly within your legal powers. You work out a deal with a friendly organization and they sue you for improper stewardship of the environment (with details, obviously, according to the rule you want to implement). Then, instead of fighting their lawsuit, you settle it, agreeing to their demands -- which consist of the rule you wanted to implement. That rule is now one you are obligated to enforce pursuant to a legal agreement, instead of something you implemented on your own authority. This structure tends to prevent normal accountability mechanisms from working. (As a side note, I'm always surprised, when I see descriptions of this tactic, that it's permissible for an agency to agree to take actions that are notionally not within the power of the agency. I would be interested to know more about what exactly is going on there.)

zdragnar 4y ago
On June 17, the Secretary of Interior ordered the Department of Interior to take down a public website detailing settlement agreements and final dispositions. Score one for losing transparency into the cycle of bureaucrats funding former bureaucrats of similar political alignment by abusing the courts. It's really sad when you realize that Trump's administration (when the initial rule establishing the website) was more transparent than Bidens. Before, the settlements were posted immediately; now, if you even know about them at all, you need to wait months after filing a FOIA to find out about it. Some of the more prolific groups have been getting 1 to 3 million dollars a year from the settlements alone.
bitexploder 4y ago
Rocky flats was one of the only times one agency raided another. Wild stuff.
sailfast 4y ago
Fascinating. Thanks. It's not surprising to see some of these types of things getting thrown out in the end when challenged by someone on the other side of the agreement.

bitexploder 4y ago

Heads of many agencies are appointed, but all of the institutional knowledge of say the NSA, CIA, FBI, etc is buried within the organization. If you want anything done you must work within those organizations. Places like the OMB and the layers that support congress. Power brokers from their day like Karl Rove and Grover Norquist. The lobbyists that actually write the laws congress signs, the “negotiators” they use to horse trader. The military more directly serves the president, but these other agencies have accreted tremendous power. I don’t think it is some grand conspiracy, but the US government is a massive organism and some of its organs are harder to control than others. In simple terms: were they elected and do you pay for their salary?