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Liz Emrich

Liz Emrich
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Virginia, USA
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A column that brings the wisdom of a lawyer and a mom to the politcal landscape.

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NOVEMBER 17, 2008 1:48PM

Left Behind

Rate: 27 Flag

 

Apologies
 

In Washington DC, you get used to the notion that people are transitory. If you move here, it takes a good two to five years to really make friends, because at first when people meet you they expect you to be gone.  That is, after all, something of a way of life here.  People come here to do some work for the government, and then go back to wherever they are from, back to the places they call home.

In the end, George Bush is yet another one of those workers, here for a season, and gone again as fast. What distinguishes him really is the extent to which he and his cronies, advisors, and puppeteers completely upended the way government in Washington works.

There are the obvious things, of course.  The naked power grab represented by the prosecution of a needless war in Iraq.  The dismantling of basic rights with warrantless wiretapping.  The wholesale chucking of the Geneva Convention ideals with respect to torture.  In the past eight years, we have watched horrified as our government did things in the name of our country that were so anathema to what America stands for it is a wonder that we didn’t riot in the streets on a more regular basis.

But perhaps the most far-reaching, and ultimately horrifying change that the Bushies brought with them to Washington was the politicization of the civil service.  A little history here might be appropriate.  Back when our country was first starting to create itself, partisanship was considered dishonorable.  In fact, to call a politician a “partisan” was to have delivered the worst kind of insult to a man’s honor.  Those who filled positions in the government were supposed to put the needs of the country before the needs of party.  To fail to do so would elicit the worst kind of criticism.

In the modern age, where everything is done via statute or regulation, the unacceptable  nature of partisanship among civil servants was codified.  Title 5 of the United States Code, section 2302 (b) prohibits discrimination for or against any employee or prospective employee on the basis of political affiliation, and prohibits “coercion” of political activity.  Technically, in the United States, our civil servants are to be hired on the basis of competence to perform their duties, not their willingness to perform those duties in accord with a certain political dogma.

And yet, the Bushies slowly went about the business of making nearly every position in the federal government a matter of personal loyalty to the partisan agenda of the Bush Administration.  It started with forcing the EPA to forego its well-grounded scientific findings to make room for partisan junk science on global warming.  It continued as the traditional emergency response functions of FEMA were gutted to make way for anti-terrorist mania that served little purpose but to foster an atmosphere of fear.  They filled the Justice Department with partisan hacks from third-tier law schools because they had the only credential that this Administration was really interested in:  a willingness to do anything to further partisan goals.

With the advent of the Obama administration, there are high hopes that many of the more dastardly deeds of the Bushies will be undone.  There is already talk that Obama will close the prison at Guantanamo.  He has already confirmed that he will be rescinding a number of the most objectionable of Bush’s Executive Orders. But what do you do about hundreds, perhaps thousands of federal employees who were selected by Bush appointees with the aim of filling the civil service with loyal conservative partisans?

Indeed, what has been the most damaging aspect of this sub rosa attempt to transform the nature of civil service in this country is the fact that bureaucracy in this country has far more power than it would seem.  We accept that the top tier of any government agency is appointed by the President and reflects his views, and that those people should make and execute policies in accord with what the President desires. A politicized middle management in a government agency, however, offers the opportunity for mischief of the highest order.  A hundred different decisions that get made at that level now come with a veneer of partisanship.

The EPA employee reviewing an Environmental Impact Statement can overlook a thousand important environmental issues because he doesn’t believe they outweigh the need for development.  An Assistant State’s Attorney exercises prosecutorial discretion, and may pursue a corruption case against a Democrat while ignoring the same evidence against a Republican.  An analyst in the State Department parses through and analyzes information, offering up her individual and biased viewpoint.  In a thousand different ways, every single day, federal employees make decisions that, when executed with a certain bias, can change the course of a nation.

Sure, every employee comes to the federal government with a personal viewpoint, and no one is free from the lens of their beliefs when they look at a problem. Ideally, an employee is enough of a professional, is knowledgeable enough about his or her job to balance personal political belief against what is needed to serve the American people.  The problem with overlooking baseline competence in favor of partisan loyalty in hiring is that commitment to the American people that so many civil servants (like my husband) possess, is compromised.  It’s not that the partisan hacks that have invaded our civil service don’t want to serve the American people.  They just don’t know how to do so in the professional manner the American people deserve.

This was particularly true in agencies that had significant attrition during the Bush years – the EPA and the Justice Department all but hemorrhaged good career personnel who became frustrated as the Bushies took control and began implementing their agenda.  The Department of Homeland Security was created out of whole cloth and shuffled its org chart the way Paris Hilton shuffles purse-sized dogs.  There were plenty of opportunities over the past eight years for several key agencies to hire new personnel, and as was seen with the Justice Department scandal, very often those doing the hiring had other criteria on their minds than competence.

It is a relatively easy and run of the mill thing to replace the political appointees in any given agency.  That takes place almost under its own steam.  The Secretaries, Assistant Secretaries, and others who fall under the heading of “political appointee” are already looking for what’s next for themselves and will vacate their offices as soon as they can to make way for the Obama appointees.  But it’s the people one and two tiers beneath them that will become the long-lasting legacy of the Bushies’ experiment with politicization of the civil service.  These folks have jobs that not only wield influence, but they have a job security that in this new economy most folks only dream of.  Just try to get fired from a federal government job when you’ve been in for more than the customary year-long probationary period.  You’d have had an easier time getting John McCain kicked out of Annapolis for his many demerits.

On January 19, 2009, George W. Bush and Laura will board some kind of aircraft, wave to the cameras, and exit the political stage, joining the long list of ex-Presidents who now must struggle to find meaning for themselves having just finished the most meaningful job in public life that one could ever aspire to.  But they will leave behind a bureaucracy that has been badly manipulated, and whose power to execute any new agenda from Obama may be hindered by both questionable competence and partisanship. Policies come and go, but employees are forever in the federal government, a disturbing and subcutaneous legacy that may take 20 years or more to remedy. Unlike a law, such a thing cannot be repealed.  Unlike a signing statement, it can’t be rescinded.  Of all the things George has left behind, it is by far the most insidious.

 
Many thanks to Bob Eckstein for the use of the artwork.
 

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*Great* post, Liz, very insightful, as always. Agree completely that politicizing agencies down to the levels that he has is one of Bush's worst legacies (and that's saying something ;). It will take a long time to undue the damage that he has done. The Obama team should start their staffing search with all the people who resigned in protest or where forced out of their life's work because they weren't Republican - or Republican enough - over the past eight years.. on the brighter side, people in government will be able to say "global warming" now ;)
Take heart, Liz! There are people like Scott Horton, whose article
F*cking A!

Here's the link to Scott's article:
Justice After Bush.
My fingers tingled as I read this. Not a good sign. I really hope most of these men and women will feel freed from the constraints of partisan politics and do their jobs well, but, then again, I am a dreamer.
Great piece as usual Liz. You have to remember, Bush doesn't read. He hasn't even read the Constitution, much less the Civil Service manual/codes...But I know you know that. :-)

Thanks for the insiders view from D.C. hell. Hopefully, in the next 8 years we can make it back to a standard that is something to be proud of... But then again, it is Washington.

rated
Good post. Right about how this administration took things to a new level, and the assault on ancient civil liberties gets my dander up. But the civil service has always been politicized, not just here, but in every country. New administrations love to lop off the top tier of civil servants and install their own, believing it's necessary to get their political agenda implemented and not obstructed.

And I'd think twice about early America not being partisan. Remember the mud and viciousness between the Federalists and Jeffersonian Democratic-Republicans?
Good post. For a long time there it seemed as if there was
no area in which the BushRove tentacles were unable
to reach. I hope they get rooted out.
Donna, thanks! There are a lot of good people who left agencies, although the problem will be finding space for them. There may not be as much attrition with a flagging economy and job market.

Lonnie, I'm gonna trust you...you did predict the landslide after all. Now I have to find a way to get at that Harper's article without coughing up subscription money.

Lairderg, I hope you are right, but I am not so sure. When you haven't got a good barometer for the difference between sevice to country and partisanship, it's hard to be what we need right now.

G -- it's one of those things that I really hope Obama will do as part of changing how Washington does business.
I know money's tight - Lord, I know money's tight - Liz, but a subscription to Harper's is money well spent. I am positive it would become your favorite piece of mail every month. But at a minimum, it's worth stopping by the local newstand to pick up a copy of the Dec. issue with Scott's article in it.

Hit me offline for other options. :^)
Aw, it's okay Lonnie, this is why God invented libraries and library cards....and I'll cop for the newstand price if I have to. :)
MTN -- the federalists and Jeffersonians were ideologues, no doubt. But keep in mind that partisanship is different from ideology -- partisanship is the need to act to support the party, not just execute a certain idea. Thanks for dropping in!

Dakini -- I hope so too.
I often think the Rove-Bush-Cheney GOP was emulating Mexico's PRI as its model of governance. In their arrogance, they believed the GOP would be the permanent majority party, and every level of government would be filled with GOP partisans. In this world view, the Democrats were tolerated only to provide the appearance of true democracy and Constitutionalism, but they really wanted a government of one party.

Of course, as with the PRI, corruption and incompetence ensued. It would be almost laughable if circumstances like Katrina and the rebuilding of Iraq didn't make it so fatally tragic.
Thank you for your insights into issues that are difficult for most of the public to grasp. I had not thought much about the carved instone quality of the Govt. tenure,.....and I should know.

Great post.
Total agreement here. Much is ruined, but we still have hope on our side.
Liz - I must add: those partisan people placed in Civil Service
positions are also human, and will need to make a living like
all of us. Although I profoundly disagree with their politics,
I hope they find employment once they are "rooted out" We
are all in this together.
Your passion and knowledge of this subject is admirable and noted, respectfully. I do hope that Americans will push back from all the negativity and blundering of the last administration and even further back, so that we can put more energy behind the very real possibilites and support needed to spur our new president toward the changes on which we all depend and favor. Thumbs and pinkies up!
"it is a wonder that we didn’t riot in the streets on a more regular basis."

Actually, we didn't riot in the streets at all. That is a big part of the problem. Oh, sure, a few demonstrations when the dope took us to war in Iraq--but could they have been more tepid? Nothing over Katrina. Nothing over impending fiscal doom.

Maybe my idea of pulling out of the White House and guillotining him in Lafayette park is a bit over the top---and a bit overkill now that Obama is on deck---but, the idea still gives me a bit of a thrill. Especially when I am reminded (as I am through this excellent post) of the lingering stink of this administration.

I hope the country realizes that it took 8 long years to screw it up this badly...and unless Obama has got a line to Merlin, it isn't changing over night---and the journey out of the dark may be even more painful than the journey into the cave was.
Hi Liz,

One can only hope that Obama appointees will revisit these hirings and be able to do something about them.
I LOVE details – and this post has plenty of good, pertinent ones. Thanks so much for sharing your insider’s POV. Pretty funny cartoon, too.
Great post Liz. The partianship showed by Bush and his cronies is despicable. It will take a long time to clean up this mess. Let the healing begin!
Obama should ferret these people out and fire them, one and all. I know you will say that this is illegal, sets bad precedent, yada, yada. But he should do it all the same. Let each and every one of them sue to get their jobs back. Serve 'em right. I think it is time to have no mercy on the cronies who benefited from this radical administration.

For my part, I have a HUGE bone to pick with my alma mater, the LBJ School of Public Affairs, which has done far too little to stop or even protest the ineptitude, the lawlessness, and the radical, rampant cronyism of this administration. Next time they come calling for donations, I plan to schedule a Come to Jesus meeting with their dean. Only one of the ways that I plan to continue to push back against this worst--by far--administration in American history.

Great, great post, Liz!
Procopius, I do believe you're right that the expectation, at least early on, was that they were building a "permanent majority." I think Tom DeLay at one point even used the phrase.

Gary, thanks for dropping in. It's funny how much the beltway mentality reigns in the Washington area, to the point where things people around here think are obvious are complete mysteries to others who have never lived here.

MR -- your mouth to God's ears.

Dakini -- While I applaud your wish for compassion, I wouldn't shed much of a tear for some of these folks. Many will wind up employed for twice the money with consulting firms looking to contract with the agencies they have left.

Cathy, I agree. I think the one thing Obama brings to the table with his egghead persona is an emphasis on competence. Something I think we badly need.

mah -- I knew when I mentioned that cursory list of outrages, others would wonder as I do at how we managed to sit so peaceably with such outrages. And it will take some time to fix.

Columbo, Decker, Mary T, thanks!

Rich, I applaud you wanting to read the riot act to the folks at LBJ. Good government is such an imperative and when schools like LBJ fail to stand up for it, we all lose.
Nice article. Interesting point of view. Thanks for writing it.

With all due respect to Bob Eckstein, though, I don't think his caption is going to be prophetic. Fine wishful thinking, though.
Wasn't it that little philandering hypocrite Newt that coined the "permanent majority"? I don't remember, I think DeLay was just Newt's Orc. And Newt's making noises about running for President again. How I despise him. But I don't know what's worse, Bush's manipulative idiocy or Newt's diabolically intelligent Machiavellianism.

Great post Liz dear. But then you've set the bar pretty high for yourself and others, and cleared it again.
Great post, Liz. Yes Bush's almost paranoid passion for personal loyalty to party and president in his appointees over and above any demonstrated competence and appropriate skill is one of the more insidious and revolting aspects of the whole trainwreck of his administration.

I hope and pray that the incoming Atty General will have an entirely DIFFERENT criteria for hiring, and a very, very low threshhold for incompetence on the job, which will flush out the worst dregs.

But kind of like the Supreme Court, we're stuck with some of them for a long time to come. But thank goodness it will be Obama choosing new Supreme Court Justices in the next four years!
Excellent post! Liz, you always give us plenty of details and an insightful analysis! Thank you for expanding on this important topic which you touched on in an earlier post. Bush has metastisized...
Esp love the collaboration between writer and cartoonist. (I thought I recognized that style!)
rated!
I have to differ a little bit with the assessment. The notion we were founded to have a sense of duty to country ahead of party politics went out with the 1800 race between Jefferson and Adams. The insulted Adams for being a Monarchist which were fighting words back then, and they cast aspersions about Jefferson with regard to Sally Hemmings.

In reading about it, James Carville and Lee Atwater had nothing on old TJ. That guy was an incredible snake.

Likewise, those in the bureacracy today know that over a certain GS level (employee grade system) they are subject to political appointment. That has been around at least since my first invovlement back in 1980, but know not how far back it goes beyond that.

So I somewhat reject the notion that partisanship is the worst its ever been or that it is somehow unique. FDR threatened to pack a Supreme Court. Adams made late night appointments on his way out the door.

We might not like it. It might be harsher than it has been in a while. But it is hardly a new phenomenon.

Politics have an ebb and flow to it. The coarsening of the political dialog over the years has concerned me, yet I think it is a function of a divided electorate and a relatively stable period in our history. We had nothing better to do than nitpick at one another.

We have a couple showstoppers to address, and a sense we are to see a defining presidency unfold before us. Hopefully we are not establishing grossly unrealistic expectations for the guy so we can whipsaw the man several months into his term and turn him into a Carter.

We need him to succeed. We need for there to be a political realignment in the republican party.

But uniquely bad? Not by a long shot.
As a daughter of a civil servant in DC (now deceased, but who would have been horrified by what's happened there), I thank you for this article.

It also troubles and worries me that this legacy will continue to bite us in the ass for many years, maybe even decades to come. The enthusiastic embrace of incompetence as long as it wore the right political face is one of the greatest evils of this administration in my opinion as well, and one that few people talk or write about.

But then it all flows from the top, doesn't it? After all, why did Bush get picked (by the TPTB that funded and supported his Prez run) if not because he was an incompetent who mouthed the right words? Why would such a guy want people better than he is working for him? As everyone knows, lousy bosses find that intimidating.
I am so glad I got out of politics and government when I was still a kid, before it became a career. The partisanship has gone off the scale. It's literally frightening in its intensity, and leads to abuses of power that some try to justify through ideological or Machiavellian thinking. "My bad", indeed. Liz + Bob = terrific.
Hi, Liz. OS is getting too big. Greg Randolph put me on to this very excellent post of yours in a comment on a new post of mine. I just finished a post this evening on the investigative work done by some fine reporters at the Washington Post on this issue of "burrowing," appointing political appointees to civil service positions before the administration leaves town.

The posts overlap, but not in detail. Take a look if you are interested in today's news on this important subject.

http://open.salon.com/content.php?cid=45887

Good work.

Monte
Liz - your point well taken, I'm just tired of all the rancor.
Liz: on the one hand I think your point is well taken about there being a poison pill in the form of more ideological employees or burrowed appointees, but I am not as dismayed about the long term effects, for three perhaps overly simplistic reasons.

The first is that any official effort is documented and reviewed - so while you can tilt a report, it can be revised. The second is that people know who the trouble makers are - not every old line employee will have left Justice for instance. The third is that for all of the hierarchy of the civil service, in practice every organization is adept at by-passing problem employees. Perhaps your husband has been lucky enough to avoid them, but most organizations have the terminally lazy, or inept, or dishonest, or occasionally mentally ill employee who is still in place because no-one wants to spend several years documenting performance issues as required to remove them.

In truth, I suspect that you identified in a comment the most likely corrective: the private sector. Since there are no disincentives beyond time-frames for contacting former colleagues, I suspect that these right-wing moles will eventually leave to pocket the higher wages on offer to Beltway Bandits - although that really makes the most sense when you've got a civil service pension to pocket at the same time, which most of these moles will not.
Freakin' smart girls like Liz are HOT!

Here's a whopper...did this guy do anything good?
re EPA, how about the way they handled 9/11 dust toxicity measurements. a scandal. not well reported.
and, one word.. NANOTHERMITE.. I wouldnt be surprised if EPA has samples that contain it. filed away in that big warehouse, the same one in Raiders of the Lost Ark.