PM Theresa May Tells Trump Don’t Trust Russia

The British Prime Minister often turned to the example of President Ronald Reagan and former Prime Minister Margaret Thatcher who worked together through the end of the Cold War. Their actions, she said, would be helpful when considering a relationship with Russia.

“When it comes to Russia, as so often it is wise to turn to the example of President Reagan who — during his negotiations with his opposite number Mikhail Gorbachev — used to abide by the adage ‘trust but verify.’ With President Putin, my advice is to ‘engage but beware,'” May said.

This comes down to the scheduled phone call between President Trump and Vladimir Putin on Saturday. Due to the take over of Crimea, the hostilities of Russia towards Ukraine and the failed peace talks regarding Syria coupled with supplying Iran with missile systems, Trump cannot lift the Russian sanctions.

When it comes to the Russian encroachment in the Arctic, it is completely under reported, that is a mistake and President Trump will soon need to address with Secretary of Defense Mattis.

Screen Shot 2015-08-10 at 11.44.56 AM

The numbers don’t lie. In recent years, Russia unveiled a new Arctic command, four new Arctic brigade combat teams, 14 new operational airfields, 16 deepwater ports, and 40 icebreakers with an additional 11 in development. (The United States has one working icebreaker for the Arctic — it’s only other one is broken.) More here from Foreign Policy magazine.

Further there is the Russian military expansion in Syria.

The Russian armed forces have signed a 49 year lease with Syria for use of the port of Tartus for the Russian Navy and the air base at Hmeymim for the air force. The lease will have a 25 year automatic renewal feature if neither side objects. The agreements will ensure a permanent Russian presence in the Middle East for decades to come.

*** Further, with the genocide of innocent people in Aleppo at the hands of Bashir al Assad and Vladimir Putin, Russia has deployed Chechens to Aleppo for local policing.

Why Are Chechen Military Police Patrolling Aleppo?

Why Are Chechen Military Police Patrolling Aleppo? Ain al-Medina explains the reason Moscow sent non-Russian special forces to a foreign country as part of a special mission for the first time since the breakup of the Soviet Union. The Chechen police forces, which include about 400 soldiers, have deployed in some Aleppo districts, especially those with mixed demographics — Al-Midan, Bustan al-Pasha, Al-Hallak, Sheikh Khodr, Sheikh Maqsood, and in the area of the international Aleppo airport. More here.

There is no behavior by the current Moscow leadership that has altered any course of history going back to Truman or Reagan.

***

April 7, 1950, Cold War document crafted by President Truman as a presidential directive:

The page to the left is but one page of 72 page directive, of which the full document is found here.

 

 

 

 

 

 

 

 

 

 

 

If after reading in full context that is not enough for not lifting sanctions on Russia due to history versus contemporary actions….we can move on to the Reagan era. The text of President Reagan’s ‘Evil Empire’ speech.

January 17, 1983, President Reagan issued Directive #75.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

You can read the full document here.

Anymore questions on why President Trump needs to stand stern on Russia? History does meet today.

Trump Review to Re-launch CIA Black Sites?

A Black Site is one thing, Interrogations another, but applications of enhanced interrogation methods, yet a third…

The Washington Post reports they are in possession of an early draft copy of an executive order to review the black site(s) program for captured terrorists. Under Barack Obama, terrorists were rarely if ever sought for detention and interrogated but rather, Obama ordered escalated use of drone strikes.

Trump Review CIA Black Sites (full document here)

***

Reuters/WaPo: U.S. President Donald Trump is expected to order a review that could lead to bringing back a CIA program for holding terrorism suspects in secret overseas “black site” prisons where interrogation techniques often condemned as torture were used, two U.S. officials said on Wednesday.

The black sites were used to detain suspects captured in President George W. Bush’s “war on terrorism” after the Sept. 11, 2001 attacks and were formally closed by former President Barack Obama.

Any return to the Bush administration’s initial anti-terrorism tactics – including secret prisons and interrogation methods considered torture under international law – would likely alienate key U.S. allies in the fight against militant groups like al Qaeda and Islamic State.

Aides to Obama said during his tenure that his prohibition against torture and efforts to close the Guantanamo prison in Cuba helped increase counterterrorism cooperation from U.S. allies in the Arab world.

The now-defunct program’s practices dubbed enhanced interrogation techniques, which included simulated drowning known as waterboarding, were criticized around the world and denounced by Obama and other senior U.S. officials as torture.

 

The officials said Trump is expected to sign an executive order in the next few days. It would call for a high-level review into “whether to reinitiate a program of interrogation of high-value alien terrorists to be operated outside the United States” and whether the CIA should run the facilities,” according to a copy of the draft published by the Washington Post.

The document ignited a bipartisan outcry in Congress. Many people in U.S. intelligence agencies and within the military are opposed to reopening the harsh interrogation program, according to multiple serving officers.

“The President can sign whatever executive orders he likes. But the law is the law. We are not bringing back torture in the United States of America,” Senator John McCain, a Republican who underwent torture as a prisoner of war in Vietnam, said in a statement.

Trump administration spokesman Sean Spicer said the draft was not a White House document. The draft published by the Washington Post appeared to have sections missing, suggesting that it may not have been a full version ready for Trump to sign.

The CIA black sites were located in Poland, Lithuania, Romania, Thailand and Afghanistan.

Asked whether he wants waterboarding as president, Trump answered in an interview with ABC News:

“I will rely on (CIA director Mike) Pompeo and (Defense Secretary James) Mattis and my group. And if they don’t want to do it, that’s fine. If they do want to do it, then I will work toward that end,” Trump said.

“I want to do everything within the bounds of what we’re allowed to do if it’s legal. If they don’t want to do it, that’s fine. Do I feel it works? Absolutely I feel it works.”

Mattis and Pompeo had not been aware such plans were in the works, according to a congressional source.

KEEP GUANTANAMO OPEN

Trump’s draft order would authorize a review of interrogation techniques that U.S. officials could use on terrorism suspects, keep open the detention center at the U.S. naval base in Guantanamo Bay, Cuba and send new prisoners there.

Trump’s draft also revokes directives by Obama to grant the International Committee of the Red Cross access to all detainees in U.S. custody and restrict interrogation methods to those in a U.S. Army field manual.

Trump vowed during the 2016 election campaign to resume waterboarding and a “hell of a lot worse” because even if torture does not work, “they deserve it anyway.”

He has also said that he wanted to keep Guantanamo open and “load it up with some bad dudes.”

Of the 41 prisoners left at Guantanamo, 10 face charges in war-crimes proceedings known as military commissions, including Khalid Sheikh Mohammed, accused mastermind of the Sept. 11, 2001, attacks, and his alleged co-conspirators. Bush established the military commissions, which Obama later changed.

The draft order said that, “No person in the custody of the United States shall at any time be subjected to torture, or cruel, inhuman or degrading treatment or punishment, as proscribed by U.S. law.” It does not mention international laws to which the United States is a signatory that prohibit torture.

Congress passed the National Defense Authorization Act in 2015, which reaffirmed a prohibition on torture and required U.S. interrogators to adhere to techniques in the Army field manual.

However, the Justice Department under Trump could issue an interpretation of U.S. law that allows for the use of harsh interrogation techniques as occurred in the so-called “torture memos” drafted under the Bush administration in 2002 and subsequently withdrawn.

Despite the killing of al Qaeda leader Osama bin Laden during Obama’s presidency, the dramatic spread of groups like Islamic State has exacerbated the threat from violent Islamist organizations.

In a statement accompanying the draft order, the administration criticizes Obama’s policies, saying, “The United States has refrained from exercising certain authorities critical to its defense.” But it acknowledges that the National Defense Authorization Act “provides a significant statutory barrier to the resumption of the CIA interrogation program”.

“WORRISOME”

Human rights groups decried any attempt to bring back the black sites.

“This is an extremely disturbing and outrageous attempt to open the door again to systematic torture and secret detention. This is the Trump administration making good on its most worrisome comments during the campaign,” said Naureen Shah, Amnesty International USA’s director of national security and human rights.

Critics say a return to harsh interrogations would enflame tensions in Muslim countries and be counterproductive.

In the draft document, references to the “global war on terrorism” were edited and replaced with the phrase “fight against radical Islamism,” reflecting language Trump often uses.

A former senior U.S. intelligence official, who requested anonymity, said many CIA officers would oppose reinstatement of “black site” interrogations, in part because they were forced to obtain lawyers after the withdrawal of the Justice Department memos that legalized the harsh techniques.

“People felt they were hung out to dry,” the former official said. “There is a lack of trust there.”

Moreover, he said, it would be extremely difficult to persuade other governments to allow the CIA to establish secret prisons on their soil.

“Where are you going to do this?” he asked. “How many countries are going to jump back into the U.S. lap?

Trump’s order, if enacted, could put new CIA Director Pompeo in a tight spot given that his workforce, according to multiple serving officers, largely opposes reinstating the “black sites” program. It could also complicate the confirmation of Trump’s nominee for the job of director of national intelligence, former U.S. senator Dan Coats.

As a conservative Republican congressman from Kansas, Pompeo defended the CIA’s use of harsh interrogation techniques, arguing that they produced useful intelligence.

During his confirmation hearing for CIA director, he pledged he would “absolutely not” reinstate those methods. Yet in written responses to questions from Senate Intelligence Committee members, he appeared to leave the door open to restoring them.

“If experts believed the current law was an impediment to gathering vital intelligence to protect the country, I would want to understand such impediments and whether any recommendations were appropriate for changing current law,” Pompeo wrote.

(Writing by Yara Bayoumy; Additional reporting by Warren Strobel, Matt Spetalnick and Patricia Zengerle; Editing by Alistair Bell and Jonathan Oatis)

 

Mattis Encountering Russian Aggression Already?

Secretary of Defense James Mattis will embark on his first trip as secretary Feb. 1-4 to meet with his counterparts from two critical allies, Japan and the Republic of Korea. The four day trip will include stops in Seoul and Tokyo.   Departing on Feb. 1, Secretary Mattis will begin his trip in the Republic of Korea, where he will meet Minister of National Defense Han Min Koo and other senior Korean officials.  On Feb. 3, Secretary Mattis will travel to Tokyo for meetings with Minister of Defense Tomomi Inada and other senior Japanese officials.   The trip will underscore the commitment of the United States to our enduring alliances with Japan and the Republic of Korea, and further strengthen U.S.-Japan-Republic of Korea security cooperation.

***

NORAD responds after Russian bombers zoom around Japan

A pair of Russian Tu-95 Bear nuclear-capable bombers flew around Japan on Tuesday, prompting the Japanese military to scramble fighter jets as the North American Aerospace Defense Command (NORAD) increased its threat posture, two U.S. defense officials revealed to Fox News.

The Russian bombers stayed in international airspace, the officials said. News of this latest Russian provocation came shortly after the Pentagon announced that new Defense Secretary James Mattis would make his first visit overseas to Japan and South Korea early next month.

A third Russian Tu-95 bomber took off from a base in eastern Russia near the Pacific Ocean but it did not fly around Japan. Instead, it acted as a “communications relay” to pass radio traffic between the bombers flying around Japan, the officials said.

NORAD did not immediately respond for comment when reached by Fox News.

All three Russian strategic bombers took off outside the Pacific coastal city of Anadyr in eastern Russia. They returned to the eastern Russian airbase Ukrainka, roughly 1,000 miles from Japan.

 

Three Russian refueling tankers (IL-78) were also part of the flight. Two airborne radar and communications planes known as Beriev A-50 AWACs were also part of the Russian flying armada.

Only two Russian bombers made the flight around Japan’s major islands, according to officials.

The increase in threat posture from 5 to 4 meant the U.S. Air Force would place an extra tanker crew on standby ready to refuel the Japanese jets if necessary, according to officials.

It was the first time Russian bombers had circumnavigated Japan’s major islands in a year, the officials said.

***

The last time JASDF had to scramble fighter jets in response to Russian bomber incursions occurred a year ago, in January 2016, when two Russian Tu-95 bombers circled Japan’s major islands on a similar flight path to yesterday’s patrol. In March 2015, Russian strategic bombers also patrolled the skies in close vicinity to the Ryukyu Islands.

Russia stopped conducting regular bomber patrols in the 1990s and early 2000s, but has increased its patrol activities in the Pacific Ocean following the Ukraine crisis in 2014 amid the resulting isolation from the West. As I reported in October 2016 (See: “Russia to Set up Heavy Bomber Division to Patrol Japan, Hawaii, and Guam”), the Russian Aerospace Forces are in the process of setting up a new long-range heavy bomber division in Russia’s Far East to patrol the Pacific Ocean inside the Japan-Hawaii-Guam triangle.

The new unit will eventually consist of several dozen Tu-95MS strategic missile bombers and Tu-22M3 long-range bombers. “The Tupolev Tu-95MS, an improved variant of the older Tu-95, is a four-engine, long-range, turboprop, strategic bomber that can be armed with a wide range of weapons including stand-off cruise missiles. Russia intends to operate 20 Tu-95MS by the end of 2016,” I explained. The new division is based on the 6953rd Guards’ Red Banner, Pacific Air Group, which conducted patrols within the Japan-Hawaii-Guam triangle during the Cold War. More here.

For Those Scoffing at Russian Penetration into American Democracy

This site has posted often on General Gerasimov and his doctrine. The games and propaganda that the Kremlin applies is still not taken seriously by the American people as they continue to scoff at Russian intrusions into our culture.

Russia is playing a double game and it is time to set aside manufactured notions and seek the expertise of countless Russian scholars as well as what the Pentagon and intelligence communities are publishing.

Related reading: Russia’s “Ambiguous Warfare” and Implications for the U.S. Marine Corps, 2015

Using the sources that Russian officials use themselves is a valuable tool as noted here:

“Military-industrial courier”

International Maritime Defence Show

«Military-industrial courier» is a weekly illustrated All-Russian newspaper. The main topics of the newspaper are politics and economics, role of legislative and executive power in the process of military reform providing. «Military-industrial courier» is position on the newspaper market as a respectable edition which highlights defence industries and institutions, adds to military products promotion to the domestic and foreign markets.

The newspaper boasts of domestic military chiefs and defence leaders interviews in which most important issues of that sector of the economy are raised.

For a short period of time «Military- industrial courier» has achieved recognition with the Russian high-ranking military officials.

The newspaper is distributed on a subscription and by retail within the Russian Federation and abroad. The circulation is more than 50000 copies.

Here goes yet another attempt.

****

Narrative, Cyberspace and the 21st Century Art of War

In February 2013, an article insipidly entitled “The Value of Science in Prediction” appeared in the Russian publication Military-Industrial Courier. The article was penned by Valery Gerasimov, chief of the general staff of the Russian Federation. Few in the West recognized the article at all, much less its significance, at the time of its publication.

In the article, Gerasimov analyzed “new-type conflicts.” These conflicts entail an array of strategies and tactics employed in the gray zone to achieve national interests, even military, without a declaration of war and without crossing the threshold that would provoke a kinetic response.

“The very ‘rules of war’ have changed,” Gerasimov wrote.

Dr. Mark Galeotti, an expert on Russian history and security issues who annotated an English translation of Gerasimov’s article, identified the most important line as, “The role of nonmilitary means of achieving political and strategic goals has grown and, in many cases, they have exceeded the power of force of weapons in their effectiveness.”

Gerasimov’s “nonmilitary means” included “broad use of political, economic, informational, humanitarian and other nonmilitary measures – applied with the protest potential of the population.”

Experts see one hybrid tactic – narrative and cyber – playing an increasingly prominent role in current conflicts.

War Narratives

An old Wall Street adage goes, “You’d have to be a paranoid Russian poet to understand global finance.” Today, that maxim might be paraphrased for an equally unexpected insight: “It helps to be a literary critic in understanding contemporary warfare.”

In The Art of War, Sun Tzu described the “five constant factors” of conventional warfare, but none included narrative. Experts now point to the influential role of narrative in military, geopolitical and ideological “new-type conflicts.”

Nations like Russia and China, as well as terrorist organizations like the Islamic State of Iraq and Syria (ISIS), are using narrative to motivate audiences, advance agendas and engage adversaries.

Scholars have long argued that literary techniques are not the special purview of novelists, poets and playwrights. From philosophers’ research on metaphor to cognitive scientists’ investigations into parable, literary devices reveal and appeal to basic human cognition. Perhaps that’s why narrative’s use by governments, institutions, businesses and ideologues is not new.

When employed in military or geopolitical conflicts, Brad Allenby and Joel Garreau, co-directors of The Weaponized Narrative Initiative of the Center on the Future of War, call it “weaponized narrative.” And they believe its recent effectiveness will encourage further use.

In an email interview, Allenby said, “Weaponized narrative is not a temporary or passing phenomenon. It is based on significant recent advances in science, technology and social use of technology.”

Combined with tactics afforded by cyberspace, narrative’s influence broadens. But Dr. Ajit Maan, affiliate scholar at the Center for Narrative and Conflict Resolution and CEO of Narrative Strategies, notes that narrative’s power precedes technology.

In an email interview with Fifth Domain, Maan said:

Advanced technologies work to disseminate messages farther and wider than they would be otherwise, but narratives are already there, on the ground, in people’s heads. The enemies of the U.S. and her allies understand this very well. Advanced technology is a tool. The center of gravity is the narrative.

The “Era of Cybered Conflict”

Current conflicts play out, at least partly, in cyberspace.

Dr. Chris C. Demchak, RDML Grace Murray Hopper professor of cybersecurity and director of the Center for Cyber Conflict Studies at the U.S. Naval War College, characterizes today’s environment as one of “cybered conflict.”

In an interview – in which she offered her views and not the views of the U.S. government, U.S. Navy or U.S. Naval War College – Demchak said:

Due to the massively insecure technology of the global cyberspace, we in the West have created a widely spread, poorly secured cyberspace “substrate” that allows attackers in any numbers, from anywhere, with any tools and for any reason to cheaply reach into our critical systems with minimal chances of being punished. The result is that the world has been thrust into an era of “cybered conflict.”

Like Gerasimov’s blurred line between war and peace, Demchak described cybered conflicts as “stretch[ing] from peace through traditional war.” Importantly, Demchak highlighted the strategic advantages of cybered conflict relative to conventional war:

Most cybered conflict – which can have existential consequences – does not involve killing anyone or destroying something explosively. Rather, it is marked by exceptional advantage to deception in what tools are used and opaqueness in who, in what numbers, are using them. Going to the end of the spectrum – to “cyberwar” – is relatively inefficient and opens oneself up to direct retaliation throughout one’s own societal systems. Instead, one can slowly demolish an opponent without ever killing someone or destroying something with a kinetic tool traceable back to oneself … [which] is much safer, reliable and easier to outsource.

Russia, China and ISIS are all leveraging the advantages afforded by cybered conflict to employ hybrid warfare tactics – from hacking to weaponized narrative.

Russia and the Grand Nationalist Narrative

Russia’s use of hybrid warfare long predates Gerasimov’s article. Noting the Soviet Union’s traditional outward posture since the Cold War’s advent, Demchak said, “Russia innovated the strategy of disinformation and personalized brutality to ‘eat a democracy from the inside out’ … producing the involuntary servitude of the former Warsaw Pact.”

Allenby noted favorable conditions for disinformation persist today: “The Russian system tends to reward the cynical, morally relativistic psychology that best aligns with developing and deploying weaponized narratives.”

As foreshadowed by Gerasimov, Russia has displayed its hybrid capabilities during the Ukraine conflict. Allenby points to Russia resurrecting the historical “Novorossiya” and adopting the newer “Russian Eurasian Empire” narratives.

Such narratives matter, Allenby explained, “Because suborning an adversary through weaponized narrative is far, far less costly than a conventional attack. Weaponized narrative offered an important way to achieve Russian ends while not justifying a conventional response under the UN charter.”

Allenby also noted the hybrid approach, which included narrative and “fomenting insurrection and insurgency, and judicious application of ‘little green men,’” or suspected Russian troops.

Allenby added, “Was the invasion [of Crimea] effective? Absolutely. Was it a strategic success? For that, we’ll have to wait and see.”

Asked about the similarities and differences between Russia’s tactics in Ukraine and the alleged activities carried out during the 2016 U.S. presidential election, Allenby said:

The two are similar, in that causing a degree of confusion and social fragmentation in the target is a major strategic goal. The tools are different because the cultures are very different, and the follow through is different … Nonetheless, the underlying processes, operations and design of weaponized narrative campaigns must be similar because they are based on the same advanced science, new technologies and rapidly evolving understanding of human psychology.

China and the Sovereignty Narrative

China is also using narrative to further its geopolitical agenda. China’s interest in expanding territorial sovereignty in the South China Seas is well known. Less so is China’s “cyber sovereignty” narrative, which Demchak has examined.

At issue is, Demchak wrote, “China wants her borders in cyberspace and will take nothing less.” Whereas the West sees the internet as a tool for global democratization, “the Chinese narrative accentuates the instability and greater dissent that can accrue with a border-spanning open internet.”

China’s view implicitly acknowledges Gerasimov’s “protest potential of the population.”

To achieve cyber sovereignty, China has employed hybrid gray-zone tactics.

“China,” Demchak wrote, “is also hoping to hurry along the [U.S.’s] apparent decline with narratives, money and stealth and yet control the narrative of a no-threat peaceful rise well enough to stay short of physical conflict.”

China’s cyber sovereignty is part of a grander narrative. “China justifies its rise in the world – its ‘rightful place’ – on the basis of its population,” Demchak said. “China will not over time tolerate U.S. obstruction of its ‘rightful’ rise as the global hegemon.”

ISIS and the Narrative of the Islamic Caliphate

The rise of ISIS surprised many in the West. Narrative and cyberspace played a central role, experts say.

Counterterrorism scholars have studied the “messaging and counter-messaging” of ISIS. Maan thinks ISIS’s narratives are more “profound and pervasive” than simple messaging.

“It is through narrative that identity is constructed: Personal identity, communal/clan identity and national identity,” she said. “It is formative in the identity layers of all parties to communication long before any communication has taken place between them.”

In her writing, Maan has examined a common idea across ISIS’s communications: “Islam is under attack.” That is a title, not the narrative, she explained.

Despite the West’s claims otherwise, “Islam is under attack” resonates with ISIS followers in many forms. “Narrative provides and determines the meaning of events,” Maan said. “Events don’t speak for themselves. Narratives speak for events.”

Maan argues, rather than focusing on counter-narrative, which oftentimes “emboldens” the original, the West should develop its own. To succeed, Maan thinks the West’s narratives must be credible and based on the “production of common sense.”

“That is how successful narratives appear. They don’t seem like a construction. They seem to reflect ‘just the way things are,’” she said.

Reviving the Holman Rule is Not Enough, Government Employees

But it is a start to bring back this rule…

The Holman Rule

The Holman rule (Rule XXI clause 2), which had its inception in
the 44th Congress, underwent various modifications between 1876 and
1911. At times it was dropped completely. The full text is here.

TWS: The Washington Post reports that House Republicans have revived an obscure rule that could prove to be the most significant civil service reform in decades:

House Republicans this week reinstated an arcane procedural rule that enables lawmakers to reach deep into the budget and slash the pay of an individual federal worker — down to $1 — a move that threatens to upend the 130-year-old civil service.

The Holman Rule, named after an Indiana congressman who devised it in 1876, empowers any member of Congress to propose amending an appropriations bill to single out a government employee or cut a specific program.

The use of the rule would not be simple; a majority of the House and the Senate would still have to approve any such amendment. At the same time, opponents and supporters agree that the work of 2.1 million civil servants, designed to be insulated from politics, is now vulnerable to the whims of elected officials.

It’s interesting that the Post frames this move in a way that’s sympathetic to federal workers, as if being “vulnerable to the whims of elected officials” is unduly threatening. Most Americans in the workplace are, in fact, vulnerable to the whims of their employers, and it takes a lot less than a literal act of Congress to have their pay cut or lose their job for poor performance.

And there can be no question that federal workers have far too many civil service protections. After the IRS held a press conference admitting that they had improperly targeted conservative groups, Lois Lerner, the IRS official deemed most responsible, didn’t face any meaningful consequences. Instead it was revealed that she recently received $129,000 in bonuses and retired with an annual pension that could possibly exceed $100,000.

Even after Lerner left, John Koskinen, the new interim head of the IRS, ignored congressional subpoenas as the IRS destroyed evidence relating to the investigation of Lerner and engaged in egregious stonewalling. It’s pretty clear that the IRS was in no way fearful of suffering any consequences for persecuting thousands of ordinary Americans and flouting Congress.

And last year, the New York Times reported that “at most three” Department of Veterans Affairs employees lost their jobs after it was revealed that widespread incompetence at the VA was killing sick veterans. There are several other examples of intolerable behavior by federal workers going largely unpunished, and tolerating malfeasance has broad policy implications for Republicans specifically and good governance generally:

Democrats have long understood personnel is policy. For decades, the administrative state has continued to extend its reach. So long as the people enforcing our laws and regulations are union liberals with broad immunity, the rule of law will depend on those individuals’ views and choices.

To address the systemic problem, the GOP has to reclaim Congress’s oversight power and push for sweeping civil service reforms. Without them, no significant conservative policy overhaul will ever be implemented, and Americans will be increasingly subject to a complex web of unaccountable and unconstitutional administrative fiefdoms.

For ordinary Americans, the only thing controversial here that federal workers are essentially impossible to punish or fire, even though the average federal compensation is $123,160, or 76 percent more than the private-sector average of Joe Taxpayer at $69,901. Reviving the Holman Rule was a smart move by House Republicans, and we should hope they start using it, because there are lots of federal workers who aren’t worth paying a dollar, let alone 123,160 of them.

****

Ethics questions for two sets of government employees:

Members of Congress

The ethical conduct of the elected members of Congress is prescribed by either the House Ethics Manual or the Senate Ethics Manual, as created and revised by the House and Senate committees on ethics.

Executive Branch Employees

For the first 200 years of U.S. government, each agency maintained its own code of ethical conduct. But in 1989, the President’s Commission on Federal Ethics Law Reform recommended that individual agency standards of conduct be replaced with a single regulation applicable to all employees of the executive branch.

In response, President George H.W. Bush signed Executive Order 12674 on April 12, 1989, setting out the following fourteen basic principles of ethical conduct for executive branch personnel:

  1. Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.\
  2. Employees shall not hold financial interests that conflict with the conscientious performance of duty.
  3. Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
  4. An employee shall not, except as permitted … solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee’s agency, or whose interests may be substantially affected by the performance or nonperformance of the employee’s duties.
  5. Employees shall put forth honest effort in the performance of their duties.
  6. Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.
  7. Employees shall not use public office for private gain.
  8. Employees shall act impartially and not give preferential treatment to any private organization or individual.
  9. Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
  10. Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.
  11. Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
  12. Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those—such as Federal, State, or local taxes—that are imposed by law.
  13. Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
  14. Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.

The federal regulation enforcing these 14 rules of conduct (as amended) is now codified and fully explained in the Code of Federal Regulations at 5 C.F.R. Part 2635. Part 2635.

Over the years since 1989, some agencies have created supplemental regulations that modify or supplement the 14 rules of conduct to better apply to the specific duties and responsibilities of their employees.

Established by the Ethics in Government Act of 1978, the U.S. Office of Government Ethics provides overall leadership and oversight of the executive branch ethics program designed to prevent and resolve conflicts of interest.

The Overarching Rules of Ethical Conduct

In addition to the above 14 rules of conduct for executive branch employees, Congress, on June 27, 1980, unanimously passed a law establishing the following
general Code of Ethics for Government Service. Signed by President Jimmy Carter on July 3, 1980, Public Law 96-303 requires that, “Any person in Government service should:”

  • Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department.
  • Uphold the Constitution, laws, and regulations of the United States and of all governments therein and never be a party to their evasion.
  • Give a full day’s labor for a full day’s pay; giving earnest effort and best thought to the performance of duties.
  • Seek to find and employ more efficient and economical ways of getting tasks accomplished.
  • Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties.
  • Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty.
  • Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties.
  • Never use any information gained confidentially in the performance of governmental duties as a means of making private profit.
  • Expose corruption wherever discovered.