Presidential Pardon | New NY 23rd

Hamilton

But the principal argument for reposing the power of pardoning in this case to the Chief Magistrate is this: in seasons of insurrection or rebellion, there are often critical moments, when a welltimed offer of pardon to the insurgents or rebels may restore the tranquillity of the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall. The dilatory process of convening the legislature, or one of its branches, for the purpose of obtaining its sanction to the measure, would frequently be the occasion of letting slip the golden opportunity. The loss of a week, a day, an hour, may sometimes be fatal. If it should be observed, that a discretionary power, with a view to such contingencies, might be occasionally conferred upon the President, it may be answered in the first place, that it is questionable, whether, in a limited Constitution, that power could be delegated by law; and in the second place, that it would generally be impolitic beforehand to take any step which might hold out the prospect of impunity. A proceeding of this kind, out of the usual course, would be likely to be construed into an argument of timidity or of weakness, and would have a tendency to embolden guilt.–The Federalist Papers : No. 74 (Hamilton)

I find the existence of the Presidential Pardon in the Constitution surprising. It was a right of the British monarch, and monarchy was not popular with the authors of the Constitution. The monarch’s power in Britain has long been superseded there by a Royal Commission, yet a similar power lingers here.

Perhaps the Presidential pardon was included as part of the system of “balance of powers”–a Presidential check on the judiciary.

Hamilton notes the danger that a hint of a pardon might “hold out the prospect of impunity;” we see that danger today. Hamilton assumes a President wouldn’t telegraph the possibility of pardon (it would generally be impolitic beforehand to take any step which might hold out the prospect of impunity); this view now seems overly optimistic. Hamilton also notes that a pardon granted for a questionable purpose could “embolden guilt.” One might reasonably believe today that pardons granted for election law violations would indeed encourage future violations.

The power to grant pardons and reprieves in the United Kingdom is known as the Royal prerogative of mercy. It was traditionally in the absolute power of the monarch to pardon an individual for a crime, whether or not he or she had been convicted, and thereby commute any penalty; the power was then delegated both to the judiciary and the Sovereign’s ministers. Since the creation of legal rights of appeal, the Royal prerogative of mercy is no longer exercised by the person of the sovereign, or by the judiciary, but only by the government.–Wikipedia

When requests for pardons are reviewed by the Dept. of Justice using accepted guidelines, there is little reason for concern. When granted on the whim of the President for questionable reasons, the broad power of the Presidential pardon seems unwise.

http://avalon.law.yale.edu/18th_century/fed74.asp

http://thehill.com/opinion/white-house/390448-maybe-its-time-to-revisit-the-debate-on-limiting-presidential-pardon

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Watch his words | New NY 23rd

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.”–Lewis Carroll

“Stopped by the Cornell University Cooperative Extension Yates County legislative meeting to hear about all the services they provide and celebrate their 100 years of service.”–Tom Reed, facebook, Oct. 9, 2018

I wondered who was dining at a legislative meeting, so I checked with “The Cornell University Cooperative Extension Yates County.” The event wasn’t a meeting of any legislature but a “legislative luncheon,” an event aimed at promoting the Extension’s work. Words matter.

Did Tom stop by? Evidently he was a speaker, presumably invited. Why the subterfuge, one wonders.

“There is no reason for elite universities to force students to take out loans to cover the cost of attendance.”–Tom Reed, facebook, Oct. 9, 2018

Do any universities “force students to take out loans?” Some students may find loans necessary, but is a matter of choice.

“It is great to see tourist destinations coming back to #NY23.”–Tom Reed, facebook, Oct. 9, 2018

This post refers to Cockaigne, a resort development in Cherry Creek, New York. That’s fine, but are “tourist destinations coming back?” Consider these phrases:

  • Tourist destinations coming back.
  • New tourist destinations.
  • New tourist attractions.
  • Resort development.

Are these equivalent, or does the first have a political spin? Were there tourist destinations that were here once, went away, then returned? Really?

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Does the IRS have a problem, really? | New NY 23rd

U.S. Rep. Tom Reed, R-Corning, said in his weekly press call Tuesday that he and his fellow Republicans on the House Ways and Means Committee will put forward legislation to address long call hold times with the IRS as volume ramps up due to next month’s deadline.

“The average wait time,” Reed said, “just to make a payment — is 46 minutes.”

To make a payment, one need only put a check in the mail. What can Tom Reed be thinking?

The IRS is responsible for collecting taxes. Lately, it has been shortchanged on funding. Every dollar invested in collections results in many dollars returned to the Treasury. What else did Tom Reed say?

He (Reed) also cited the agency’s use of FORTRAN, a programming language dating back to the 1950s run on mainframe computers, most using the standard created in 1977. “The IRS,” Reed said, “is using obsolete tools. … At the end of the day, when someone takes the initiative to pick up the phone and call the IRS, we owe it to them.”

Yes, Fortran is a legacy programming language, but users wouldn’t know or care what programming language is used for IRS applications. Fortran experts are in short supply these days, legacy Fortran code is hard to maintain, perhaps IRS systems should be rewritten, but that is an expensive undertaking. Will Congress appropriate needed funds? Don’t hold your breath.

Changes to the tax code implemented earlier this year won’t take effect for returns due April 15, Reed said, which will eventually lead to simpler returns.

Nonsense–there is nothing in the 2018 reforms that makes the tax code simpler. Filing may be easier after 2019 as more choose to use the standard deduction.

“We’ve had multiple oversight hearings directly with the IRS,” Reed said, and there is bipartisan support for pushing the agency into a “more of a service-based agency than a ‘Gotcha’-type agency.”

What does that mean? Would Tom Reed have the IRS not focus on collecting taxes due, which is its purpose?

http://www.salamancapress.com/news/reed-irs-needs-to-get-with-the-times/article_bdcd15c2-2cf9-11e8-a58c-371c9dd9def9.html

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The House Killed the Estate Tax. A Victory for the One Percent! | New NY 23rd

Finger Lakes Times journalist Jim Miller’s April 19 “Eye on Government” column was entitled “Death tax could stay very much alive.” He reported that the House of Representatives had voted to repeal the estate tax, “commonly called the death tax”, and   explained that the repeal would have a difficult time being approved in the Senate. If it did, the President would probably veto it.

Mr. Miller noted that our congressman voted to repeal the Estate Tax tax, and wrote:

“Death should not be a taxable event,” Reed said. “Yet for our Southern Tier and Finger Lakes farmers and families who’ve lost loved ones, it can mean the end of their livelihood. This is because the death tax can force grieving families to sell off parts of the family farm or the business entirely. This is wrong. I care about our grieving families and want them to have a fair shake after a tragic loss.” Reed also went the ideological route, calling the death tax a relic of big government. Democrats probably would debate that, but they’d likely agree that family farms and businesses are things that people should be able to pass on to their kids without red tape and taxes coming into play.

The independent Center on Budget and Policy Priorities’ recent article listed the Ten Facts You Should Know About the Federal Estate Tax. It states:

1. Roughly 2 of Every 1,000 Estates Face the Estate Tax

2. Taxable Estates Generally Pay Less Than One-Sixth of Their Value in Tax

3. Large Loopholes Enable Many Estates to Avoid Taxes

4. Only a Handful of Small, Family-Owned Farms and Businesses Owe Any Estate Tax

5. The Largest Estates Consist Mostly of “Unrealized” Capital Gains That Have Never Been Taxed

6. The Estate Tax Is a Significant Revenue Source

7. Repeal Would Likely Leave Less Capital for Investment

8. Compliance Costs Are Modest

9. The United States Taxes Estates More Lightly Than Comparable Countries

10. The Estate Tax Is the Most Progressive Part of the U.S. Tax Code

The following are three letters published in the Letters to the Editor section of the Finger Lakes Times about Miller’s column. I need to disclose  that I know Mr. Overgaard personally, and have never met Mr. Raes. If there are more letters on this topic I will add them and re-post this article.

LETTER: Getting rid of Estate tax one more step in inequality

Posted: Wednesday, May 6, 2015 

To the Editor:

Of course the Republicans voted to get rid of the Estate (Death tax ) as the Times’ Jim Miller wrote about April 19. For them it is just one more step in the process of having 1 percent of the population owning and controlling everything. It will be just as in the old countries, poor people fled to find opportunity in the United States, where success was what you could accomplish, not what you could inherit.

Those days are disappearing here with inequality now one of the highest in the world. Do they really not understand that when someone owns everything in a game of Monopoly, that is the end of the game and the only way to progress is to clear the board and start over? In the real world that is called a revolution, something that happens when the 99 percent finally has had enough of being serfs. Will the Republicans’ and big farmers’ whining and greed never stop?

Only a few years ago Estate tax was levied on estates over $1 million, now it is only on estates over $5.4 million ($10.8 million for a couple). If a young farmer can’t make it after inheriting the equivalent of 8,000 cows completely tax-free maybe he is not fit to be a farmer and should find something else to do. And how will the young farmer that does not inherit one single cow compete with the guy who was given 8,000 cows?

Big farmers already pay next to no local tax on their land, so we have to pay that for them also. Next time someone complains about the “Death tax” just say, “So you must own more than $5.4 million ($10.8 million) poor you, I feel so sorry for you! It is those same big farmers that always complain that they can’t get any Americans to work for them even for a whopping $12 an hour!

Now, in business, everything is supposed to be guided by supply and demand. So if farmers/businesses can’t get enough workers at $12, they are obviously not paying enough! Maybe they should try $30 per hour with full health benefits. Last year that would barely have made a dent in big dairy farmer’s million- dollar net incomes. While we are at it, there is an oversupply of politicians that want $50/hr “jobs” in Albany, so why not lower that to $12/hr as it is in some other states?

JORGEN OVERGAARD Penn Yan

LETTER: Moving estate tax to $1M mark would punish many local farmers

Posted: Thursday, May 21, 2015

To the Editor:

Jorgen Overgaard had a very interesting letter in the Finger Lakes Times on May 6 (“Getting rid of estate tax one more step in inequality”).

It’s rather disheartening when a man who lives on one of the most beautiful lakes in the world attacks the local farmers. He seems to identify with the “99 percent” (a term made popular by the Libs) yet owns 138 feet of Keuka Lake.

Farmers did make money at one point last year but are losing about $2 on every 100 pounds of milk they are producing at the current price. Tell me, if any one of our readers worked all week and then gave their employer a check for 20 percent of their pay on Friday, how happy would they be?

The question on the estate tax, as I understand it, is that it may go back to the $1 million mark. This would involve pretty much every farmer in the area. I’m not sure what Mr. Overgaard’s life is like or how hard he works, but I am pretty sure he doesn’t get up at 3:30 in the morning to milk cows at 4 a.m., noon and again at 8 p.m., go to bed at 11 p.m. and be back up the next morning to do it again. My nephews do, and right now it is all for nothing!

I still can’t figure this out: If an individual works and pays taxes all his life on his earnings, why does he need to turn over the money that’s left at the time of his death to the government?

If Mr. Overgaard feels as strongly as his letter, he should be paying anyone that works for him $30 an hour with full benefits. Or maybe he should cash out of this “Monopoly Game” right now, give all his money to the government and move into an apartment in Geneva. You know: “Clear the board and start over.”

JOHN RAES Phelps

LETTER: Big businesses, casinos and big farms are the problems

Posted: Monday, June 1, 2015

To the Editor:

No, Mr. Raes (Letter to the Editor, May 21), I do not get up at 4 a.m. to milk cows, like your nephews, but I did just that from age 15 to 20. Then I decided it was not for me, as your nephews are free to do if they don’t like it.

Now even at retirement age I do taxes for Mennonite farmers 75 hours a week for part of the year. I can respect Mennonite farmers because they seldom apply for nor do they accept government subsidies.

Hypocritical big businesses, casinos and big farms are the ones I have a problem with. They want to keep all their profits, while they claim poverty and want taxpayers to subsidize them at every turn. The Farm Bureau is especially good at securing one property taxbreak after another that then has to be paid by the rest of us. There is no talk of going back to taxing estates down to $1 million. The vote was simply to repeal all estate tax and tax on carried-over gains, even on billion-dollar estates.

The notion that estate tax is paid on income already taxed is also mostly not true. Take a guy with an estate of Exxon stock, land and cows of $5 million (just under the present limits). He paid $1 million for these assets over time, so he has a gain of $4 million. If he sells the stuff the day before he dies, he pays say $800,000, mostly capital gains tax. If he still owns it the day he dies, the $800,000 tax and estate tax just disappear forever for both him and his heirs. Why does that make sense?

If you want to understand the dangers to democracy of extreme income and capital concentration, read Thomas Piketty’s bestseller “Capital in the 21st Century.” One problem is that rich people, even if they just inherited their riches, most often think they are smarter and more deserving than the less fortunate and that they therefore also should run the government, and when they do, they make things even better for themselves and forget the poor. With the Supreme Court’s decision that corporations are people and that money is free speech, they have almost achieved their goal.

I am not arguing for clearing the board (revolution) right now, just that it would be stupid to pass more laws that would make the need for it inevitable.

JORGEN OVERGAARD Penn Yan

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Tom Reed’s local fundraising | New NY 23rd

One can search FEC data for political contributions from cities. Here is what I found for the current election cycle as of Sept. 11, 2020.

Branchport   $5,600 One person
Dunkirk   0  
Geneva   $10,100 $4,080 from Hudson Data, LLC
Jamestown   $5,500 Most from Jamestown Business College
Naples   $1,000 One person
Owego   0  
Penn Yan   $1,250 Three persons
Silver Creek   0  
Waterloo   0  

FEC Data

For comparison, Corning Inc. contributed about $20,000.

Hudson Data, LLC advises on outsourcing and seeks to hire foreign workers. No wonder they favor Tom Reed.

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Reed & Trump | New NY 23rd

You can’t make this up. In an interview on MSNBC on Thursday March 8, which focused on Trump’s Trade War Tariffs proposals, our Congressman continued defending Present Trump’s executive style. “I am supportive of the President’s effort to disrupt our … Continue reading

Posted in 2018, Uncategorized Tagged Reed & Trump, Tariffs, trade

News release from John Plumb’s Campaign for to represent the NY23rd Congressional District JAMESTOWN—Fourth generation Western New Yorker, Navy Reserve Commander, and Democratic candidate for Congress John Plumb today responded to news of a Washington, DC meeting between GOP Presidential … Continue reading

Posted in 2016, Defense, Dept of Defense, Ethics, Reed’s Views, Veterans, War Tagged Reed & Trump, Torture, Trump’s Rhetoric

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Flynn and Trump | New NY 23rd

This is the single greatest witch hunt of a politician in American history!--Donald Trump

Robert Mueller seems a responsible choice. However reportedly:

  • Trump wanted a political person.
  • Trump may nominate a political person to head the FBI.
  • Trump is known for “you’re fired.”
  • Robert Mueller works at the pleasure of President Trump and AG Sessions.

One might think of the “Saturday night massacre” when President Nixon fired Archibald Cox.

Questions remain:

  • Why does President Trump continue to defend Michael Flynn?
  • Does Trump require Flynn’s silence much as Nixon relied on Gordon Liddy?
  • Why does President Trump fear the FBI?

Does Trump see his fate as inextricably bound with Flynn’s? Perhaps we will soon find out.

https://www.theatlantic.com/news/archive/2017/05/trump-campaign-russia/527160/

http://www.cnn.com/2017/05/18/politics/donald-trump-robert-mueller-appointment/

https://www.washingtonpost.com/news/the-fix/wp/2017/05/18/why-michael-flynn-keeps-haunting-the-trump-administration/?utm_term=.f47cc711cc78

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Should Ukraine trade territory for peace? | New NY 23rd

How horrible, fantastic, incredible it is that we should be digging trenches and trying on gas masks here because of a quarrel in a far-away country between people of whom we know nothing. –Neville Chamberlain Sept. 27, 1938

Reportedly, Henry Kissinger suggests Ukraine should trade territory for peace. My reaction:

  • Why should we care what Kissinger thinks?
  • Our European allies wouldn’t like that idea, which would set a dangerous precedent.
  • Would Russia be interested in such a deal?
  • How would peace be guaranteed? No deal is good if you don’t know what you get from it.
  • How much territory?
  • What are the alternatives?

Certainly peace is highly desirable and might well come at a high cost, but I don’t see that Kissinger’s suggestion promotes it.

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Congressional Candidate Charles Whalen suspending his campaign | New NY 23rd

Charles Whalen from Geneva issued the following statement “For Immediate Release” today:

Friends and Fellow Democrats,
Effective immediately, I’m suspending my campaign for Congress.

I remain convinced that my message of advancing our common interests is the only way to defeat Tom Reed and serve effectively in Congress. (Some of my opponents seem to agree: a number have recently adopted a message similar to the one I’ve had from the start.)

Even more important: I’m the only candidate with the combination of first-hand experience and demonstrated commitment needed to manage the budget and economy on behalf of working families — especially now that Republicans have placed an economic time bomb in our tax system.

Nobody in this race matches my 30 year record of practical problem solving on behalf of working families; nobody. Over the course of my career, I’ve worked across upstate New York, forging business-labor partnerships and finding commonsense ways to save jobs and create new ones. I also served more than six years at the nonpartisan Congressional Budget Office, responsible for vital work on taxes, spending, and their effect on the economy. In addition, my career includes a record of testifying multiple times before Congress on deficits, budget gimmicks, and the economic challenges facing working families — a record of experience that extends back to when Tom Reed was still a university student.

Fixing the tax system must be a top priority because it threatens everything we care about — including jobs, healthcare, education, public investment, the environment, and retirement security. Nobody else can go toe-to-toe with Reed on this all-important issue. And given the fiscal crisis we face today, members can’t delegate the needed expertise to their staff.

Before jumping into the race, I read the job description for the office. It’s laid out in the Constitution. Managing tax policy is the first responsibility listed, followed by managing public spending and the budget (including federal deficits and debt). In fact, the House of Representatives has a special responsibility; the Constitution states, “All bills for raising revenue shall originate in the House.”

Congress has more than enough lawyers (and teams of them are available to help members draft legislation). But Congress has only one economist — a Republican libertarian with no record of prior practical experience. I was hoping we would change that in 2018, and, in the process, repeal and replace Tom Reed and remind Washington that Congress is OUR House. Now, though, that seems extraordinarily unlikely.

I entered the race when it became clear that taxes, spending, and economic security (including healthcare security) would be central issues in this campaign. But I did so only after observing that my familiarity with numerous policy issues beyond economics — on matters ranging from agriculture and healthcare to immigration and the environment — matched or exceeded that of any other announced candidate. Because I was less familiar with gun policy and defense issues, I made it a top priority to get up to speed on those subjects, resulting in principled stands that show my commitment to sensible policies serving our common interests. My grasp of policy matters and familiarity with the district since the mid-1970s has been evident since my first candidates’ forum and has been highlighted by reporters covering the race.

From the day I announced an interest in running, my campaign has energized voters across the district and across party lines. People respond to my message because they can see it’s a genuine reflection of where I come from and what I’ve done throughout my career. And they appreciate that I have one message for all audiences — a message I’ve delivered with greater and greater effectiveness each week. But my team doesn’t have the resources necessary to mount the type of campaign we need to be successful through November.

In the most recent federal reporting period, my campaign exceeded the expectations of many observers by finishing in the middle of the pack for “cash on hand” at the end of the quarter — and nearly the entire difference separating my campaign from those with more cash can be attributed to my (Democratic) opponents’ use of personal funds. But fundraising relative to other candidates is not what matters: I’m the only Democrat in this race to have worked on a congressional campaign through the general election, and I know the funds I have are not enough. So, unless a huge infusion of cash occurs soon (which, of course, I’d welcome with open arms), I see no way to move forward successfully.

But let me be clear. My inability to raise the funds this campaign needs has nothing to do with the size of the field. For my campaign strategy to have succeeded, there was no room for major unpleasant surprises. Unfortunately, that’s exactly what came my way shortly after I announced, when a vital campaign staff person was unable to come on board because of events beyond anyone’s control. Then, more recently, a serious family illness forced me to put much campaign work on hold for some weeks. I reject the view of those who say the race has too many candidates (a view I’ve heard since before I entered the race) and that the field should be narrowed. To them I say: This is what robust democracy looks like; get over it.

To my family and my supporters, I offer a huge thank you. Our campaign contributed constructively to the race every day. We gave voice to many who felt unheard for too long. We encouraged a new generation of political engagement. And we elevated the policy discussion — by offering fresh ideas as well as new ways of thinking about long-overdue proposals.

I’ve devoted my entire adult life to advancing the interests of working people by means of steps that are both bold and practical. That work will continue, most likely in the form of a nonprofit that aims to find innovative policy solutions, partly by engaging stakeholders across our region. In addition, I was recently elected president (for the current year) of an international association of economists in the tradition of those who gave us the New Deal and Great Society; as my campaign winds down, I’ll have more time than anticipated to devote to that leadership responsibility in the coming months.

I have no plans to endorse another candidate. And I have no interest in joining someone else’s campaign or congressional staff. There was no splash when I entered the race; that’s exactly the way it should be as I exit.

With unwavering hope for the future,

Charles

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Belonging to a movement | New NY 23rd

Anomie in societies or individuals, is a condition of instability resulting from a breakdown of standards and values or from a lack of purpose or ideals. — Émile Durkheim. 

Professors back from secret missionsResume their proper eruditions,    Though some regret it;They liked their dictaphones a lot,They met some big wheels, and do not

    Let you forget it. — W. H. Auden

Some Germans were perhaps attracted to the Nazi movement because it gave them a sense of belonging. Membership gave them new importance and the ability to smash social norms.

Seyward Darby claims in “Sisters in Hate,” that “Hate can be understood as a social bond, a complex phenomenon that occurs among people as a means of mattering and belonging.” 

Americans may have joined the Trump movement because it gave them a feeling of importance, a chance to smash norms, and a feeling of belonging. These feelings must be strong enough so what the movement professed didn’t much matter, or more likely resonated with preexisting, perhaps shadowy, beliefs.

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