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Let’s Talk About Kamala

With Kamala Harris as the Democrat’s Vice-Presidential candidate, it’s important to know that she has committed some rather egregious trespasses as a prosecutor. Just as disturbing is her fluctuating policy positions, calling into serious question her attempt to presently appear as a criminal justice reformer. Instead, Harris should be known for 1) her criminality and very poor judgement as a prosecutor 2) her hypocrisy, and 3) her opportunism. 

One of the biggest areas of concern is her prosecutorial misconduct. In many instances, she basically acted as a rogue prosecutor who should have possibly been charged criminally for her own actions in some of the following incidents:

*During a case in 2015 in which a prosecutor concocted a confession from the defendant, thereby leading to the case being dismissed, Harris’s Attorney General’s office appealed the dismissal. 

*During a case in 2015 in which a prosecutor in his case fabricated information to a jury relating to compensation to an informant, Harris’s Attorney General’s office fought the defendant’s appeal.

*During a case in which the entire Orange County DAs office was removed from the trial for failure to turn over evidence, Harris sought to block the removal.

*During a case in which a man was wrongfully imprisoned for 13 years, Harris’s office attempted to keep him locked up.

*After a crime lab technician purposefully tainted evidence in a vast amount of cases, Harris hid his actions while acting as a San Francisco DA.

Furthermore, Kamala Harris has worked on rebranding herself from previously being tough on crime to more sympathetic to justice warriors. For instance:

* Until 2014, Harris was against the legalization of marijuana while acting as the Attorney General of California.

* Harris declined to support criminal justice sentencing reforms that were on the ballot in California in 2012 and 2014.

* Harris’s office opposed an order to lessen the amount of prisoners in California, while supporting the use of prisoners as laborers due to the low cost.

* During her time serving as the Attorney General in California, Harris supported the dubious practice of civil asset forfeiture under the guise of going after drug operations.

Additionally, Harris was eager to be in the spotlight while moving up the political chain in California; two ridiculous incidents in particular come to mind.

*While running for US Senate, Harris’s office arrested the owners of Backpage, a site for classified sex workers, after publicly declaring that they “were protected from prosecution under federal speech law.” The case was promptly thrown out by a judge.

*While running for US Senate, Harris’s office went after for-profit colleges in California as part of an Obama initiative, while subsequently refusing to release any buyer of potential future liability– meaning anyone purchasing would be under constant threat of a lawsuit. Subsequently, no buyer would accept the terms.  The Corinthian college system therefore shuttered 23 schools, putting people out of work and education. 

Kamala Harris has repeatedly shown to have no moral compass. Her actions as a prosecutor should be alarming, as well as her hypocritical flip-flopping of positions. She has shown to be a mercurial political opportunist and has no business being a Vice-Presidential candidate. 

What’s Really Going On With Pension Reform

Over the years, I have written numerous articles on the looming problem of funding public pensions. Many states are facing severe shortfalls and it isn’t due to the economy or the recent recession or the pandemic. The main problem is accounting gimmicks that cities and states regularly do which results in underreporting their pensions. In the private sector, if someone were to underreport a pension, they go to jail for it, but the public sector gets away with it, and the taxpayer is left holding the bag. 

Here’s what’s going on. A principle of normal (accrual) accounting is that if you have incurred current expenses, they have to be reported currently. You cannot delay reporting it until a future year, even if it is not paid until a future year. You have to count their costs today. So when you accrue an expense — for instance, a legal fee — you owe that money. Even if the bill arrives after the new year and you pay it that next year, you still owe it for the current year when incurred. It is a payable – that is, a liability – as of the end of the year incurred.. This is accrual basis accounting, and it’s how pensions must be accounted for in the public sector — but they’re not. And therein lies the problem.

When an employee works for a government (or any organization) in a given year,  all costs associated with that employment must be recorded as an expense for that year. Naturally, the regular pay iis an expense incurred. That’s an easy enough concept to understand. But there are other things to consider — for instance, a bonus. If you have a bonus that is not paid until the next year, it still has to be recorded in the year it was earned. Now, pensions are not paid out in the year worked or the year after, but they will be years in the future and actuaries can calculate that amount. That amount is not what is booked as an expense. What is booked as an expense is what’s paid. There’s a disconnect between the funding requirement for pensions, and those funding requirements are usually less than the cost incurred.

If that amount is two billion dollars (one billion earned now and one billion in future pension benefits) you are supposed to record two billion dollars. In other words, that liability should be factored in on the balance sheet.  But what’s happening instead is that they’re merely recording the one billion earned by the employee as an expense and not accounting for future payouts. There is no measure of a pension’s accrued actuarial liabilities (the current value of earned benefits in the future). The accountants are merely recording the present expenses while underreporting the future ones.

In a given year, you might incur $100 million in future payments for employees who work. So that $100 million is the true cost. Remember that even though the money is not paid for many years, you still need to know what that cost is today, and include that amount in the budget. You cannot say you’ll ignore it and not include it because you won’t pay it for twenty years. But that is what has been happening. Suffice it to say, in the private sector, it’s very onerous. You have to pay in an amount very close to what the cost is so that the company doesn’t go bankrupt and then leave the pensions hanging. That is both right and responsible. But the morons in the public sector think that because the municipality is so powerful, it doesn’t have to do the funding requirement — and therein lies the reason why they are in trouble. They only put the amount that they pay as an expense; they don’t put the whole thing. That is fraud. So now they’re falling further behind. Even if they don’t have to fund it all, they are required to keep a balanced budget, but they don’t. 

What’s even more difficult, a lot of municipalities also promised other things like future medical expenses, and those aren’t even booked. They’ll just list it as an expense when it is paid. That’s not right. You can’t promise someone a benefit and have a legal obligation for the future and then not book it on your books. And what’s worst of all is a constitutional amendment in several states that grants pension entitlement to public sector workers. In other words, once a person is working for the government and they have a defined benefit plan, they are entitled to keep it and transfer it, even if the contract runs out. They have defined it to pay the pension — not only for what they’ve earned but also include an obligation to continue that level of funding into new contracts, even those that aren’t signed on yet.

These non-standard, non-accrual forms of accounting for public pensions over the past few decades have resulted in reckless — and dare I say criminal — budgets resulting in billions and trillions of unfunded liabilities that in some places are financially insurmountable. Those that have engaged in such practices should be sued criminally for intentionally filing false sheets on their pensions.

The Economic Tipping Point

Are we past the tipping point for economic reform? I would argue that Obama’s budgets and spending accelerated the deficits beyond repair. Some people will go back to Reagan and say that the deficit and the debt ballooned during the Reagan Administration and they will blame it on his tax cuts. But what is actually true is that the tax cuts generated a large increase in revenue, and the only reason why he had deficits was that the Democrat-led Congress increased spending even over the increased revenue. The same thing happened with the Bush tax cuts which were very pro-growth; the revenue went up sharply, but spending went up even faster. But at this point the debt was still manageable.

Then you come to Obama. At the beginning of his administration, we had the deep recession -which arguably could have benefited by one year of stimulus. The concept of a stimulus is supposed to be a one-off event. In other words, you engage in big one-time expenditures to get the economy on track and then spending goes back to previous levels as the recovery occurs. The problem is that  Obama didn’t put things in for just one year. He did long term things, like food stamps, teacher’s compensation, etc.,  knowing full well that once put into effect they could not easily be withdrawn. And it was pretty clearly his intent all along, for political reasons, to bake them into the budget.  So now when we started to have a recovery, you had ballooning deficits — even with a growing economy. Then by the time Trump was elected, the locked-in recurring spending with its locked-in annual increases made the deficit – and the debt – almost impossible to rein in.  

Now we have the pandemic and we have no place to go. There’s no surplus to go to the deficit. Millions of Americans are unexpectedly unemployed, which means they’re not paying into Social Security. At the same time, we see older workers who have lost their jobs choose to draw their benefits as soon as they become eligible. This will speed up the insolvency train. But then Trump did something that was very stupid (though his political motivation is clear). He said that entitlements are off the table. If entitlement reform is off the table at this point, we’re headed to bankruptcy. 

We’ve been talking about the coming insolvency of the Social Security and Medicare programs for many, many years now and Congress has done nothing to stave off the inevitable. Couple that with Obama budgets, Trump’s lack of action, and the pandemic, and the deficits are even larger now. Anyone seriously looking at the situation knows that absent a major change to entitlements, the mandated annual increases, both because of cost of living adjustments and demographics, will bankrupt both programs in the next ten to fifteen years. It’s very safe to say that absent major entitlement reform, we’re basically past the tipping point. 

Police Culture Problem

The police have a PR problem and a culture of cover up and it’s finally being talked about. On the one hand, the police have millions of contacts with the public over a given year and the vast majority of interactions are fine, even dull. But sometimes you have bad police and sometimes you have a bad interaction (including, though not limited to, a shooting). However, almost never do you see the police admit that they messed up. 

George Floyd’s situation was unique in that they admitted the wrongdoing right away, though this was likely because the horrific actions were immediately all over the internet. But police have this culture of lying and doing nothing about terrible tragedies in which they do the wrong thing. For instance, the police typically want to see body cams first before the public gets a chance to so they can see what the cams show and then figure out how to spin it. The proper way to conduct an investigation would be to actually investigate first and then look at the body cams to see  what they can corroborate or dispute. Maybe this attitude is symptomatic of the public service culture, because typically in the private sector you don’t have the same attitude. If, for example, a Walmart employee, through an improper action ,hurts a customer, Walmart will get rid of the employee because they don’t tolerate the abuse of a member of the public. Not necessarily so with the police, and this attitude needs reform if there is going to be meaningful change. 

Police in this country need to remember that they are public servants but they are also responsible for their own behavior and police departments need to hold accountable the bad cops if they are going to maintain public trust. 

Christie’s Tax and Growth Plan

As Chris Christie is still contemplating a 2016 presidential run, he recently posited a tax reform plan that differentiated himself from many of the other possible contenders. His platform was comprised of several points, such as: lower tax margins, reforming regulation,and eliminating payroll taxes for some earners. The last major tax code overhaul was the 1986 IRC reforms under President Reagan.

With regard to lowering tax margins, Christie proposed a true tax cut for both individual and corporate rates. Christie’s pan brings the top marginal rate to 28% from its current 39.6% for highest earners. His bottom rate would be less than 10% with just one more rate in the middle. Christie also proposes lowering the corporate tax rate from 35% to 25%. Currently, we have the highest corporate tax rate in the world. This would give businesses a much-needed boost.

Another part of this plan goes after regulation. Christie nails it when he stated, “Regulation must be rational, cost-based and used only to implement actions that are explicitly authorized by statute. This era in which an ideological administration tries to accomplish through the regulatory state what it didn’t have the votes to accomplish in the duly elected Congress must end.” The brutal, overbearing regulatory environment that currently exists is often overlooked, and I applaud Christie for bringing attention to it.

Christie also examines the payroll tax, calling for its elimination for those over 62 and under 21, which would “reduce the marginal cost to the employee of taking a job, and reduce the federally imposed cost to an employer of hiring someone.” It is an incentive for older workers to continue working and younger workers to start. With the workforce participation rates at all-time lows, this is a pro-growth approach.

Other tenets of his plan include increasing investment in R&D and developing a more sensible national energy plan, such as building the Keystone pipeline. It is revenue-neutral, meaning the tax cut side will be offset by modifying or eliminating many of the tax credits and deductions that riddle the tax code, making it much more simplified. Keenly aware of the cherished mortgage deduction and charitable contribution deduction, Christie makes those basically off-limits, but the rest of them could be fair game.

Christie has yet to decide and announce if he is actually running, but his ideas provide good fodder for, and comparison to, the other current candidates. Some have called for a Flat Tax, while others champion a national sales tax. Tax code reform is overdue and necessary, and should be a centerpiece of any serious candidate for 2016. Overall, Christie’s plan is fairly sensible and growth-oriented. Now if he would only fix his entitlement reform policies!