Categories
politics State

Impeachment isn’t the same as Removal from Office

I don’t know if John Swallow’s attorneys are honest (like many people) in mistakenly conflating the opening of impeachment proceedings with the potential outcome of conviction and removal from office or if they are simply perpetuating that misconception in the hopes of protecting their client. Either way, it is once again time to try to clear up that misconception.

The attitude from Mr. Swallow’s attorneys is quite clear in their letter:

“This discussion about impeachment is based on innuendo and unsupported allegations in the press from indicted and convicted felons and a few political enemies of Mr. Swallow,” attorneys Rod Snow and Jennifer James said.

I would expect exactly that attitude from any attorney regarding their own client. The problem is that it misrepresents the situation. Some of the allegations do come from indicted and convicted felons but beyond those indicted and convicted felons the allegations are also coming from many others – not just “a few political enemies.” They may choose to describe everyone who has made allegations as a political enemy but the number of people making allegations can hardly be quantified as “few.”

Categories
culture Local politics State

Thoughts on Caucus System Reform

Curt Bentley has an excellent post in which he discusses the issue of reforming the caucus system. I really appreciate the methodical approach he has taken to examine the issue. I completely agree with each of his guiding principles and while I suspect I am more comfortable with the caucus system in its current form than he seems to be, I also want to see it strengthened through some reforms that will make it better at promoting voter participation and issue-centric campaigns. I agree with his assessment of what the caucus system does well and with his conclusion that dumping the caucus system entirely is not the way to go. As for his assessment of what the caucus system doesn’t do well, I have some thoughts I’d like to share and I sincerely hope that Curt and others will share their feedback on those thoughts.

Categories
politics State

Don’t Be Fooled


Photo by Alan Parkinson

When the news began about accusations against John Swallow his first response was to dismiss the allegations based on the tainted source from which they sprang and then duck his head and send out lots of emails about what “he” was doing for the state. When the volume and variety of allegations increased Mr. Swallow adopted a new standard answer which sounds reasonable on the surface but is likewise meant to distract from the issue arising from the multitude of allegations. His standard andwer is that he has done nothing illegal and therefore he will not resign. Holly Richardson does a great job of explaining the standard which governs the impeachment process and that standard is “high crimes and misdemeanors” not “committing illegal acts.” In doing so she illuminated the way that Mr. Swallow is using his standard answer to deflate the very appropriate calls for impeachment by playing on a general misunderstanding of what constitutes “high crimes and misdemeanors.” Let me start by making this very clear. We tend to think of high crimes being obviously criminal like murder but the fact is that obviously criminal acts such as that are felonies and felons are not even allowed to vote, let alone hold office. Lesser criminal acts are classified as misdemeanors so having ruled those out we can understand that “high crimes” are acts which may not even be actionable in the criminal system. As Holly points out, they are issues such as “breaches of ethical conduct, misuse of power, and neglect of duty.”

Categories
Local politics State

Strengthening Our Caucus System

Caucus meeting
Image by Cherie Priest

I really appreciated Paul Mero’s take on efforts to change our caucus and convention system. Unlike Mr. Mero, I’m not well enough connected to be invited to take part in private meetings regarding how to change Utah’s caucus and convention system. On that particular issue that is the largest of our differences.

Like Mr. Mero I have been annoyed at the misinformation that I have seen spread by and among delegates with extreme positions on a number of issues – HB 166 among them. Like Mr. Mero, I have tried to pay attention to the efforts to change the caucus/convention system but I have not found those proposed changes to warrant any particular support from me. The core of where my views align with those expressed by Mr. Mero are summed up in the following quote:

Yes, I’m sure some delegates have stated that they don’t want increased participation in the political process. But, to be fair, most of those voices are more concerned about how blissfully ignorant most Utahns are about the world around them than those voices are about consuming political power. So, yes, these delegates do believe they are better informed and for good reason – most of them are! Not all of them have the right answers, for sure. But it’s a bit disingenuous of my friend to chastise any serious citizen for wanting her candidate to be elected or her policy to become law – for heaven’s sake, that’s exactly what everyone wants!…

If reformers want their candidates elected to office, they should make a case that appeals to the most responsible citizens who take time to engage in a democratic process that has served this state since its founding.

Categories
culture politics

Causes and Symptoms


Photo by Center for American Progress

In the practice of medicine we have come a long way from the days when doctors could do little more than treat the symptoms their patients were experiencing and hope that they were physically strong enough to recover from the underlying condition that was producing the symptoms. There are still times when doctors are limited to treating symptoms – such as when a condition has not been diagnosed yet or when it is so far advanced that it is beyond the reach of our available medical care – but generally in modern times our doctors seek to treat the underlying cause of a problem rather than the symptoms. We need to do more of that in the healthcare industry – especially as it relates to our most pressing chronic condition in the industry: uncontrolled costs.

The first step in treating an underlying problem is to correctly identify it. As is often the case with health problems, our healthcare industry is suffering from multiple underlying problems which interact with each other in ways that magnify their combined effects and often make an accurate diagnosis difficult to make. Thankfully we have had people interested enough in this issue for long enough to have made some headway in identifying at least some of the more pronounced underlying problems. These include the cost of new medicines and health care technologies, weakening of market influences in our health care decisions, misaligned incentives in the system, and inefficiencies in the practice of medicine (like misdiagnoses, inaccurate record keeping, reliance on emergency care by some patients, and problematic record sharing between parties).

I can’t claim to have solutions to all of these underlying problems, nor can I be sure that these represent a complete set of the real problems driving our symptom of skyrocketing costs. On the other hand, I am confident that the way we will solve the problems in our healthcare industry will follow the same pattern that people used to solve the problems that the practice of healthcare has become so adept at addressing. It will require many individuals and groups tackling the problems from a variaty of perspectives and experiementing with a variety of solutions. It won’t be done simply by turning the problem over to government and expecting them to insist on providers not charging outrageous amounts for the care we wish to receive (which is essaentially the premise behind the Affordable Care Act).

While I am anything but optomistic about the eventual benefits of the Affordable Care Act, I am encouraged at many other examples of private organizations taking steps to identify and address various of the systemic problems that afflict our health care system. Some of the initiatives I know of which give me hope is the innovative ways that some companies try to reduce health care costs without reducing employee benefits (Walmart, for example), the growing prevalence of individuals having high deductible insurance plans coupled with health savings accounts (which helps to introduce stronger market forces and healthier incentives into the health care system), efforts to bring more transparency to health care from groups like Pricing Healthcare, experiments in combining data-mining with hands-on care to reduce the costs associated with statistical outliers, and the rise of Direct Primary Care Practices and retail clinics.

We are nowhere near solving this problem and we need much more in the way of innovation and fresh perspectives but we have reason to hope that this problem will be cured in time.

Categories
politics State

Why John Swallow Should Resign Even If He Did Nothing Illegal

If a call for for Attorney General John Swallow to resign is based on a presumption of his guilt then Mr. Swallow is right that that we should wait until the investigations into the various allegations against him are completed. I think it is time to make the argument for why he should resign despite the assumption that he is innocent. By choosing not to resign the Attorney General is proving beyond any doubt that he is less interested in what’s good for the people of Utah than he is in his own benefit. If felt it was time to make this argument publicly after hearing Mr. Swallow on the radio talking about how he and the others in the Attorney General’s office are getting up and going to work every day despite all the allegations against him. I absolutely believe that to be true but it illustrates why John Swallow has no business in public office – he is clearly not interested in what is best for the people he is supposed to be serving.

John Swallow essentially admits this in this article from the Deseret News.

“I’m a little handicapped right now because of the situation I’m in. I get that. People say, ‘That’s not fair. You ought to leave.’ I can’t control the situation I’m in, and if I felt I did something that wrong, I would leave,” Swallow said. “But I’m not about to walk out of this office because people make allegations that aren’t true.”

As evidenced in that statement, Mr. Swallow is making his decisions based on his personal interests. The only reason that he would resign is if he were convicted of illegal activity. Mr. Swallow contends that he has done nothing illegal and I make no pretense that I know otherwise. The way I see it there are two reasons for him to step down even if he is innocent. Either of them should be sufficient cause for a true statesman to step down from office – at least temporarily.

  1. There are a number of statements that Mr. Swallow is known to have made – such as in his now infamous campaign telephone call – that he defends as being legal and yet clearly display judgement not worthy of a good public servant. Having shown such blatant poor judgement, a statesman would step aside and take the time to reestablish the credibility of his judgement before trying to take on a high-profile public office.
  2. No matter how hard he and his deputies work, the sheer volume of complaints against Mr. Swallow – and especially the fact that those complaints have resulting in multiple ongoing investigations by various official organizations – siphons off much of the time, energy, and efficacy of his office such that the people of Utah are not getting the kind of representation they deserve out of the Attorney General’s office. Again, a statesman would step aside – regardless of whether he did anything wrong – when the allegations against him were distracting and diluting his ability to serve effectively.

If Mr. Swallow were making his decisions based on the interests of the people of Utah his statement would have looked a lot more like this:

“I’m a little handicapped right now because of the situation I’m in. I get that. I and my deputies get up every day and work hard for the people of Utah but I recognize that the allegations made against me limit the effectiveness of all our work. The people of Utah and those working in the Attorney General’s office deserve an unencumbered chief legal officer therefore I have decided to step down as Attorney General.

“I sincerely hope that after the investigations are complete and my innocence has been established I will have another opportunity to serve the people of this great state.”

The real reason why he is not resigning is that whether he is innocent or guilty John Swallow will not materially benefit from resigning. If he were interested in the good of the people he was elected to serve he would resign because it is abundantly clear that regardless of his innocence or guilt the people of Utah would be better off with a new Attorney General.

Categories
meta technology

Hiding the Castle Gate

After reading a post about WordPress login security by J. Max Wilson I finally took the step of adding a security plugin to protect my site from brute force attacks. Since installing the plugin I have been made aware of the attempts to hack into the site. If I had not been warned in the original post about how such attacks are more frequent than expected I would have been worried when I started to see the frequency of such  attempts.

Over the months since installing the plugin and being made aware of the details of the attacks I was facing I have come to one conclusion about a simple trick to make sure such attacks do not compromise your site – don’t have a user named “admin.” With one exception so far, every attack on my site has tried to login as “admin” and so all such attempts have been futile since I have never had a user by that name. (The one exception was when they tried to login as “david” which also does not exist on my site.)

No matter how weak your passwords may be, an intruder will be unable to log in if they are trying a non-existent username. Of course this does nothing to protect you from the problems of server resources being consumed by repeated login attempts so I still recommend having plugins or other methods of securing your site against such intrusions but if you have a user named “admin” get rid of it. If you need help with how to do that look here. That resource should have suggestions that people with various levels of skill and access to their server can make use of but if you have direct access to the database the simplest thing is to change the username for the admin user at the database.

Categories
politics

Unfounded Assumptions on Gun Control

When I wrote about the value of empowering my son to use sharp knives rather than restricting him from using them and compared that to the issue of gun control I got a number of opposing comments that were so full of assumptions that it warranted a separate post to address those assumptions. This is that post.

In the very first comment the assumption was stated that because I was raised pro-gun and the commentor was raised anti-gun our biases might prevent us from being able to have a productive conversation. I sincerely hope that is not the case but for the record I was NOT raised pro-gun. I was raised without any real reference to guns. My bias is not so much pro-gun as it is pro-solution with a bias towards individual liberty.

Categories
culture politics

Restriction vs Empowerment

Photo by Tony Young

My 6-year-old son frequently wants to use sharp knives and it is not uncommon for him to get them out of a drawer unsupervised when he has a task that he believes would be served by using a sharp knife. He likes to use then for reasonable things but as far as I can figure out I have only two options to solve this: I can make the knives less and less accessible or I can teach him how to use them safely. In order to make the best decision on how to handle this I should consider the real issues surrounding the situation rather than simply reacting to the immediate danger.

The whole conundrum reminds me of the issue of gun violence in our society. If we want to make a decision that will actually make a positive impact on the situation we have to understand what is really happening in context.

Categories
life

Miracles On An Icy Road

We witnessed a miracle this evening. Actually, we witnessed several. At one point we had 5 vehicles and a FedEx truck stuck on the hill between our house and two houses down from us. Over a two hour period we had at least 10 vehicles slide into various snow banks in that 150 foot stretch of road. Even the snowplow got stuck in front of our house when it tried to turn down our hill in order to salt the road.

On top of that the most obvious miracle was watching as one out of control car slid down the hill through four other stuck cars without hitting any vehicles or people who could not get out of the way because of how slick the road was.

Eventually we got all the cars freed and the only damage sustained was one tire flattened on a UTA service vehicle that slid into one of the curbs quite hard.