The National Security State versus Transparency

by: Matt Stoller

Fri Mar 21, 2008 at 11:16


At yesterday's Change Congress event with Larry Lessig, Lessig presented the meme behind the campaign.  Change Congress has four parts:

  1. No PAC or lobbyist money
  2. An End to Earmarks
  3. Public financing of campaigns
  4. Congressional Transparency

As with Creative Commons and copyright holders, Change Congress candidates and citizens can sign up for any and all of these pledges, matching their ideology with their pledge.  It's a brilliant organizing structure.  One suggestion I made was to bake national security into the dialogue upfront.  Here's the question I asked Lessig, which Micah Sifry has kindly written up.

Q: From Matt Stoller, who discloses that he's done some consulting for the Sunlight Foundation. The hardest nut to crack is national security policy. Is it legitimate how secretive that is? What will you do when this movement bangs up into that wall? If everything else is transparent, then a lot of important decisions will be pushed into the national security arena.

I don't know. I do know that if earmarks were banned, that would remove some of the pressure for special deals, in the first place. I don't know how we'll deal with transparency in secret expenditures. I think there's a lot for me to learn, Lessig admits.

Here's why I asked that question:

Several defense intelligence agencies will withhold unclassified information about their contracts from a new public database of government spending....

The Defense Intelligence Agency (DIA), the National Geospatial-Intelligence Agency (NGA), and the Counterintelligence Field Activity (CIFA) argued that online disclosure of their unclassified contracts could present an operational security vulnerability.

This is not classified information they are talking about.  These departments are simply arguing that the public does not have a right to get unclassified public information.  National security cannot be an absolute trump card against transparency, or else you'll get hugely ramped up spending on intelligence contractors where there is none.  More fundamentally, every growing pot of money in the Federal government is basically in DHS or the Defense Department.

The Change Congress movement, and the progressive movement as a whole, needs to grapple with this question.  When half of discretionary government income flows through the Pentagon, and black box budgets are growing on Capitol Hill, it's unavoidable.

Matt Stoller :: The National Security State versus Transparency

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Earmarks (0.00 / 0)
I have an issue with this.  Ending earmarks by congress effectively means the President gets to decide where to spend money, right?  That congress effectively just hands the President a trillion dollars and says "please spend this wisely"

The idea is noble, to end the buying of votes reduce parochial spending practices, but in effect what I see happening is a massive power shift to the Executive branch to do the same thing with even less transparency.  

I would rather we continue down the road of greater accountability for earmarks.  Sometimes a district really does need federal dollars for something.  Not all "pork" is wrong or bad policy.


Re: Earmarks (0.00 / 0)
I agree.  Throwing the baby out with the $250M bath to nowhere strikes me as the worst solution of all, in that it further empowers the executive.  What we need is a plan that starts with set goals, like increasing transparency and decreasing patently ridiculous spending, like Stevens' bridge; I don't see how this does either.

[ Parent ]
National Security Transparency (0.00 / 0)
This is not classified information they are talking about.  These departments are simply arguing that the public does not have a right to get unclassified public information.

This cannot be allowed to happen.  If it isn't classified, it needs to be transparent.  Or at a minimum, a new level of classification needs to be created to formalize the layer that needs to be neither secret nor publicly transparent.  (Personally, I doubt such a layer has any reason to exist, but am open to such arguments.  The need for secrecy in national security is often highly overblown.)

Note that the answer to this is transparency between government branches and congressional oversight.  While our representatives don't have the time themselves to dig down into the details of every item, a full time team could be created that reports to a committee which is given power to make final decisions on the level of public transparency.

And of course, that which is not publicly transparent requires even greater congressional oversight.  While public oversight is preferable, we have separate government branches for a reason.


Public financing of campaigns (0.00 / 0)
I think we need to seriously re-consider whether public financing of campaigns is still a good progressive ideal.  Certainly in presidential politics I've decided our 21st century reality has obsoleted the need for public financing.  Millions of people connected on the internet donating small sums has solved this problem.

Perhaps for lower level races public financing would still be useful, but I suspect presidential races are simply ahead of the curve rather than being exceptionally different.


this is going to cost a lot (4.00 / 1)
but I think we also need to at least double the number of congressional seats and thereby have our representatives represent a reasonable number of people.

Off the wall suggestion (0.00 / 0)
How about we each have two representatives, one that represents the land we live on and the other representing a virtual district representing who we are?  Who we are would be however we choose to self identify based on what policy choices and personal characteristics we think best represents who we are?

I told you the suggestion was off the wall.


[ Parent ]
I think what that quickly devolves into is proportional representation, (0.00 / 0)
ie, voting for party lists.  You cast one vote for your district representative, and then one vote for a party list, and say an extra 100 seats in congress are allocated to the party lists.  The district representatives would still be mostly a two party system, the party lists would move in the direction of more parties, just like the Europeans.  So you could cast your party list vote for the Greens and actually vault some into Congress, while still voting Dem in your district.  Then Dems in Congress have to build a working coalition with the Greens, other minor parties, etc.

I say that cause any extra "identity vote" would have to allow you to vote for whoever the hell you wanted, and that means multiple competing parties pretty quickly.


[ Parent ]
Earmarks aren't bad (0.00 / 0)
Earmarks are good if they are transparent. Representitives have a good sense of what is and isn't important in their district. If you live in a Democratic district in Florida is it really more ethical for funds channelled to the state to be doled out by the Florida State Legislature -- a body that is GOP controlled and many times as corrupt as Congress?

Earmarks should be reformed, not ended. Seniority shouldn't play a factor in the award of earmarks and there should be cap on the amount and limits as to their purpose but I think earmarks are a good thing, not a bad thing.

John McCain


I want to agree with all the earmark comments. (0.00 / 0)
Most importantly, ending Congressional earmarks gives ENORMOUS power to the various Departmental spending and purchasing guys.  This is already a source of corruption that we need to be further probing: that corrupt AirForce/Boeing deal a couple years back was just the very beginning of the corruption that exists in this area (Foggo at CIA was wrapped up in this venue for corruption too).  Anyway, neutering the more visible congress just to the advantage of the less-visible and less-accountable executive branch is an awful awful idea.  We need to be careful here.

I agree with earlier commenters that transparency is the ideal corrective measure, that congressional earmarks can be valid and important in our system of government, and that the balance of the branches is a key concern here.


O/T (0.00 / 0)
A very late Purim Sameach to Matt. By the time he reads this it will likely be Shushan Purim Sameach.  

Darkness has a hunger that's insatiable, and lightness has a call that's hard to hear.  

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