Coyote Blog

Chicago police's use of a warehouse at Honan Square to detain suspects for secret interrogations just gets worse and worse.

Police “disappeared” more than 7,000 people at an off-the-books interrogation warehouse in Chicago, nearly twice as many detentions as previously disclosed, the Guardian can now reveal....

According to an analysis of data disclosed to the Guardian in late September, police allowed lawyers access to Homan Square for only 0.94% of the 7,185 arrests logged over nearly 11 years. That percentage aligns with Chicago police’s broader practice of providing minimal access to attorneys during the crucial early interrogation stage, when an arrestee’s constitutional rights against self-incrimination are most vulnerable.

But Homan Square is unlike Chicago police precinct houses, according to lawyers who described a “find-your-client game” and experts who reviewed data from the latest tranche of arrestee records obtained by the Guardian.

“Not much shakes me in this business – baby murder, sex assault, I’ve done it all,” said David Gaeger, an attorney whose client was taken to Homan Square in 2011 after being arrested for marijuana. “That place was and is scary. It’s a scary place. There’s nothing about it that resembles a police station. It comes from a Bond movie or something.”

For whatever reason, the story does not seem to be able to generate much national heat, as partially evidenced by the fact that it takes a UK newspapers to show any initiative on the story.  The Right fetishizes law enforcement,  the Left refuses to take on a powerful public union, and the city is run by a mayor with powerful connections to both the President and Hillary Clinton, so essentially no one is interested.

By the way, most of these folks are being held for hours or days due to drug possession arrests (5386 of the 7000+), yet another indicator of why the war on drugs has become so stupid and counter-productive.

Pretty amazing footage.  Having been to the Brandenburg Gate during the height of the Cold War, it is jarring to see someone driving easily from the British to the Soviet sector (the wall ran right by the Gate, with it just in the Soviet sector).

Kevin Drum writes, "the entire Western world has been moving inexorably in a liberal direction for a couple of centuries."

If this is true, it is only because the definition of "liberal" has changed.   After becoming increasingly less authoritarian and intrusive and controlling for hundreds of years, government is again becoming far more authoritarian and intrusive.  Only with a change in the definition of "liberal" over time can one consider attempting to ban, for example, the eating of certain types of foods as "liberal"

Until a few years ago, I would have said that Drum was right that there is a continuity of liberalization in the social realm.  I celebrate the increasing acceptance of differences, from race to sexuality.  But even here people who call themselves "liberal" are demanding authoritarian limitations on speech and expression, try to enforce a dictatorship of hurt feelings.

The whole post of his is a really interesting insight into the Progressive mind.  Apparently, the (purported) lack of compromise in government is the fault of just one of the two sides.  I am not sure how that is possible, but that seems to be the Progressive position (you will find an equal number of folks on the Right who believe the same thing, though they blame the opposite group).

Essentially, you can see in this post the strong Progressive belief that the default mode of government is to constantly generate new prohibitions, rules, strictures, taxes, regulations, and penalties.  And that anyone who stands in the way of this volume production of new legal entanglements must be overcome, even if one has to break the law to do it.

A few days ago Matt Yglesisas wrote a #Slatepitch piece arguing that Hillary Clinton "is clearly more comfortable than the average person with violating norms and operating in legal gray areas"—and that's a good thing. In a nutshell, Democrats can't get anything done through Congress, so they need someone willing to do whatever it takes to get things done some other way. And that's Hillary. "More than almost anyone else around, she knows where the levers of power lie, and she is comfortable pulling them, procedural niceties be damned."

Unsurprisingly, conservatives were shocked. Shocked! Liberals are fine with tyranny! Today Matt responded in one of his periodic newsletters:

A system of government based on the idea of compromises between two independently elected bodies will only work if the leaders of both bodies want to compromise. Congressional Republicans have rejected any form of compromise, so an effective Democratic president is going to try to govern through executive unilateralism. I don't think this is a positive development, but it's the only possible development.

So Democrats are within their rights to lie, cheat and steal -- to do whatever it takes -- to break through the gridlock.  I wonder:  The worst gridlock this country has ever had was in the 1850's, when no compromise could be found on slavery.   If Democrats are empowered today to lie, cheat, steal to break the gridlock, should they have been similarly empowered in 1850?

Of course, no one would want that.  But it raises an important point.  If you define the game as one with nietzsche-ist / Machiavellian rules, no one ever seems to consider that it is just as likely the other side will win as yours will.  In fact, if you truly represent liberality, I am not sure this kind of anything-goes game is stacked in favor of the truly liberal players.

For folks who think that the end justifies the means here, and that we need to break the rule of law in order to save it, I would offer this paraphrase to an old saying: you can't sell your soul and have it too.

I am a big fan of open source operating system dd-wrt for routers.  I have not bought a router in years that I did not immediately flash from the manufacturer's firmware to dd-wrt.  It is a bit of a headache, but once done I get a router that is a lot more stable (I am also told that it is more secure, but I have no way to judge that).  My router typically runs 6 months without rebooting with no issues, whereas with manufacturer firmware I sometimes have to reboot once a week to make it work.**

The FCC is considering new rules that may cause router manufacturers to lock out third party software like dd-wrt.  The FCC is claiming that "illegally modified equipment" has interfered with doppler radar at airports.  I find it very close to unbelievable that a hacked consumer router was interfering with doppler radar, and in fact the FCC did not specify what kind of equipment was illegally modified.  As is usual, my guess is an agency is using a minute, niche problem in area A as an excuse for blanket, anti-consumer regulation in unrelated area B.  You can sign an online petition to ask the FCC to rethink its approach here.

** To be fair I will add that dd-wrt, typical of a lot of third-party hacker products, is a lot less user friendly than a lot of modern router firmware.  For my streaming system to work at home I have to lock a couple of servers down to a fixed IP address and this is a surprisingly fiddly task on dd-wrt.

A reader sent me this article on renewables by Tom Randall at Bloomberg.  I would like to spend more time thinking about it, but here are a few thoughts. [Ed:  sorry, totally forgot the link. duh.]

First, I would be thrilled if things like wind and solar can actually become cheaper, without government subsidies, than current fossil fuels.  I have high hopes for solar and am skeptical about wind, but leave that aside.

Second, I think he is selling renewables the wrong way, and is in fact trumpeting something as a good thing that really is not so good.  His argument is that the decline in capacity factors for natural gas and coal plants is a sign of the success of renwables.  The whole situation is complex, and a real analysis would require looking at the entire power system as a whole (which neither of us are doing).  But my worry is that all the author has done is to demonstrate a unaccounted-for cost of renewables, that is the reduction in efficiency of coal and natural gas plants without actually being able to replace them.

Here is his key chart.  It purports to show the total US capacity factor of each energy mode, with capacity factor defined as the total electricity output of the plant divided by what the electricity output could be if the plant ran full-out 24/7/365.

First, there is a problem with this chart in terms of its data selection -- one has to be careful looking at intra-year variations in capacity factor because they vary a lot seasonality, both due to weather and changes in relative fuel prices.  Also, one has to be hugely suspicious when someone is claiming a long term trend but only shows 18 months of data.   The EIA can provide some of the data for a few years ahead of his table.  You can see it is pretty volatile.

I won't dwell on the matter of data selection, because it is not the main point I want to make, but the author's chart looks suspiciously like cherry-picking endpoints.

The point I do want to make is that reducing the capacity utilization, and thus efficiency, is a COST not a benefit as he makes it out.  Things would be different if renewables replaced a lot of fossil fuel capacity at the peak utilization of the day (the total capacity of a power system has to be sized to the peak daily demand).  But the peak demand in most Western countries occurs late in the day, long after solar has stopped producing.  Germany, which relies the most on solar, has studied this and found their peak electricity demand is around 6PM, a time where solar provides essentially nothing.   Wind is a slightly different problem, because of its hour to hour unpredictability, but suffice it to say that it can't be counted on in advance on any particular day to provide power at the peak.

This means that one STILL has to have the exact same fossil fuel plant capacity as one did without renewables.  Yes, it runs less during the day and burns less fuel, but it still must be built and exist and be staffed and in many cases it still must be burning some fuel (even if producing zero electricity) to be hot and ready to go.

The author is arguing for a virtuous circle where reductions in capacity factors of fossil fuel plants from renewables increases the total cost per KwH of electricity from fossil fuels (because the capital cost is amortized over fewer kilowatts).  This is technically true, but it is not the way power companies have to look at it.  Power companies have got to build capacity to the peak.  With current technologies, that means fossil fuel capacity has to be built to the peak irregardless of their capacity factor.  If these plants have to be built anyway to cover for renewables when they disappear during the day, then the capital costs are irrelevant at the margin.   And the marginal cost of operations and producing power from these plants, since they have to continue to exist, is around $30-$40 a MwH, waaaay under renewables still.

In essence, the author is saying:  hurray for renwables!  We still have to have all the old fossil fuel plants but they run less efficiently now AND we have paid billions of dollars to duplicate their function with wind and solar plants.  We get to pay twice for every unit of electricity capacity.

Environmentalists are big on arguing that negative externalities need to be priced and added to the cost of things that generate them -- thus the logic for a carbon tax.  But doesn't that mean we should tax wind and solar, rather than subsidize them, to charge them for the inefficiently-run fossil fuel plants we have to keep around to fill in when renewables inevitably fail us at the peak time of the day?

By the way, speaking of subsidies, the author with a totally straight face argues that renewables are now cheaper than fossil fuels with this chart:

He also says, "Wind power, including U.S. subsidies, became the cheapest electricity in the U.S. for the first time last year."

I hate to break it to the author, but a Ferrari would be cheaper than a Ford Taurus if the government subsidized it enough -- that means nothing economically other than the fact that the government is authoritarian enough to make it happen.  All his chart shows is that solar is more expensive than coal and gas in every state.

And what the hell are those units on the left?  Does Bloomberg not know how to annotate charts?  Since 6 cents per Kw/hr is a reasonable electricity cost, my guess is that this is dollars per Mw/hr, but it is irritating to have to guess.

I got a notice in my email that I was potentially a member of a class action against LinkedIn.  What is the case?

The Action challenges LinkedIn's use of a service called Add Connections to grow its member base. Add Connections allows LinkedIn members to import contacts from their external email accounts and email connection invitations to one or more of those contacts inviting them to connect on LinkedIn. If a connection invitation is not accepted within a certain period of time, up to two "reminder emails" are sent reminding the recipient that the connection invitation is pending. The Court found that members consented to importing their contacts and sending the connection invitation, but did not find that members consented to LinkedIn sending the two reminder emails [plaintiffs seem to have other grievances but this is the only one they say the court validated].

You have got to be kidding me.  How much time and money has been spent on this stupidity?

So I wanted to tell them to go screw themselves, and that this was not done in my name and I want nothing to do with it.  Of course there are simple web forms for joining the class and asking for payment, but to be excluded one has to follow a series of detailed instructions and send a snail mail.  Apparently if I do nothing I am part of this fraud whether I want to be or not.  I particularly like the last line of the opt-out instructions (FAQ #9)

This request must include the case number of the Action (Case No. 5:13-CV-04303-LHK), your name, address, email address, phone number and signature, and a statement that you wish to be excluded from the Settlement Class.  If the exclusion request does not include all of this information, or if it is sent to an address other than the above, or if it is not postmarked within the time specified, it will be invalid, and you will remain a member of the Settlement Class and be bound as a Class Member by the Settlement Agreement, if approved.  “Mass” or “class” opt-outs purporting to be made on behalf of multiple persons or classes of persons shall not be allowed.

So mass torts purporting to be made on behalf of a class of persons without even consulting them are A-OK, but mass opt-outs from the class are not allowed.

Postscript:  At first I thought the opt-out headache was the plaintiff's attorney trying to protect their fees, but their fees seem set.  In retrospect, my guess is the difficult opt-out comes from the defense, because opting out leaves one eligible to sue again and having settled this one, I am sure LinkedIn does not want a second class trying to take a second bite of the apple.

Followup #2:  Engadget's reaction to the case:  Oh look, free money!

And the sum is likely to be small, though LinkedIn promised to increase the total amount by $750,000 if individual payouts are less than $10. Still, money is money, so if you're willing to swear that the company spammed folks on your behalf, you can apply for compensation here.

I do not know this author's politics, but I can say from personal experience that the majority of the most breathtakingly amoral statements about money I have heard in real life (ie excluding cartoon lines written by Hollywood for business people) have come from Progressives.

The date was September 15, 2004.  Trends take years to manifest, but often there is a watershed event at which one can say a tipping point has been reached.  Such was the case when the New York Times ran the headline:

THE 2004 CAMPAIGN: NATIONAL GUARD; Memos on Bush Are Fake But Accurate, Typist Says

"Fake but Accurate" has become, even when the words differ slightly, a common refrain in post-modern journalism.   It is a statement that the narrative matters more than facts, and that the truth or falsity of a narrative would no longer be judged solely on facts and logic.

I have zero opinion about the quality or quantity of President Bush's military service, but the memos in question were unquestionably fake.  They used printing technology that did not exist at the time.  They exactly mirrored Microsoft Word's default settings for font and margin.  The person who supposedly typed the memos said she never did so, and no one could provide any plausible chain of possession for how the documents reached CBS.  So fake.  But CBS and many outlets stuck with the story in the face of all these facts because the narrative was one they so desperately wanted to be true, and fit so well their pre-existing opinions of Bush.  Dan Rather and Mary Mapes have apparently never admitted they were fakes.

Recently, Robert Redford has reinforced this event as a seminal turning point in journalism by making a movie called, of all things, "Truth", which essentially still sticks to the story the memos weren't faked.  He couldn't be more clearly making the point that in post-modern media, "truth" is the narrative, not the facts.

By the way, I find this every day in the climate world, where I hear "fake but accurate" all the time in defense of the narrative of apocalyptic man-made climate change.  I can't tell you how many times that, having demolished some analysis as flawed (e.g. Michael Mann's hockey stick), I am told that, "well, that study may be wrong but it's still accurate."

Scouting New York is coming to an end, as the proprietor appears to be moving up from film location scouting to perhaps writing and producing his own films in LA.  For which I wish him luck.  But I will miss his long posts on quirky and interesting New York City locations.  His archives are still there, and fans of NYC or urban architecture in general are encouraged to look at his past work.

But of course, he just started Scouting LA

There is much to criticize in how the BLM movement operates, but I can get behind much of the plan they introduced last month.  I don't agree with all of it, but I seldom agree with all of any plan I see proposed from any side of the aisle.

In discussing the plan, Kevin Drum fails to address the elephant in the room for the Left in making progress on this, and that is the enormous reluctance of Democrats to challenge a public employee union.  And you can bet that police unions will likely be the biggest barrier to getting a lot of this done, even perhaps ahead of Conservative law-and-order groups (you can see the token sop thrown to unions in point 10 of the plan, but it ain't going to be enough).

By the way, there is much that progressive and conservative groups could learn from each other.  Conservative groups (outside of anti-abortion folks) are loath to pursue the public demonstration and disruption tactics that can sometimes be helpful in getting one's issues on the public agenda.  The flip side is that public disruption seems to be all BLM knows how to do.  It can't seem to get beyond disruption, including the unfathomable recent threat to disrupt an upcoming marathon in the Twin Cities.   It could learn a lot from Conservative and libertarian groups like ALEC, that focus on creating model legislation and local success stories that can be copied in other places.  Many of the steps in BLM's plan cry out of model legislation and successful pilots/examples.

I book marked this long ago when I was in Europe and forgot to blog it.  From the Washington Post

You might be used to hearing criticisms of inequality, but economists actually debate this point. Some argue that inequality can propel growth: They say that since the rich are able to save the most, they can actually afford to finance more business activity, or that the kinds of taxes and redistributive programs that are typically used to spread out wealth are inefficient.

Other economists argue that inequality is a drag on growth. They say it prevents the poor from acquiring the collateral necessary to take out loans to start businesses, or get the education and training necessary for a dynamic economy. Others say inequality leads to political instability that can be economically damaging.

A new study that has been accepted by the Journal of Comparative Economics helps resolve this debate. Using an inventive new way to measure billionaire wealth, Sutirtha Bagchi of Villanova University and Jan Svejnar of Columbia University find that it’s not the level of inequality that matters for growth so much as the reason that inequality happened in the first place.

Specifically, when billionaires get their wealth because of political connections, that wealth inequality tends to drag on the broader economy, the study finds. But when billionaires get their wealth through the market — through business activities that are not related to the government — it does not.

A few days ago, there was an article in our daily fishwrap that said something I found hard to believe.  It said that the state had initiated a crackdown on unlicensed shipments of wine from out of state at the behest of a letter from the Goldwater Institute.  It even had a picture (at least in the online edition) of Clint Bolick, Goldwater's chief of litigation.

Essentially, most states do not allow or severely restrict direct purchase by consumers of liquor products from out of state.  As usual for such protectionist stupidity, it is claimed to be for the children, but in fact mainly is meant to protect a small, very powerful group of liquor distributors who make a fortune from their state-granted monopoly on liquor wholesaling.  Basically, by some outdated post-prohibition laws, every drop of alcohol in the state must pass through the hands of a couple of companies, who of course extract their toll like Baron's of old with castles on the Rhine.

I simply found it unfathomable that Clint Bolick, a founder of the Institute for Justice (IC) for god sakes, would be pestering the state to more vigorously enforce stupid, outdated, and protectionist licensing laws.  And it turns out I was right.  

Clint Bolick, the Goldwater Institute’s director of litigation, said he sent the state a letter in November 2012 asking it to get rid of a rule that required customers to show up at certain wineries annually in order to get direct shipments to their homes.

Bolick’s letter, which he provided to The Republic and azcentral, said that rule made no sense and would stop Arizonans from joining wine clubs, where wineries send a designated amount of wine to customers each year, sometimes including wines not available to the general public.

“A requirement of annual presence also does not serve any obvious public purpose, given that the purchaser has established age and identity at the time of the order,” he wrote.

Bolick said he met with the director of the department at the time, Alan Everett, who told him the department would start a regulatory review.

So it turns out that Goldwater was trying to ease regulation and make it easier for consumers to have some choice and access to more suppliers.  All good.

But it turns out "regulatory review" means something different to a state regulator.  I suppose it was too much to think that they might have a review to see if their regulations went too far.  In fact, the "regulatory review" seems to have focused on how they could tighten regulations even further.  The result was not the one Goldwater hoped for ... instead of making things easier on consumers, the state went all-in trying to make things even worse for consumers.

Hill said Bolick's 2012 letter made the department question whether the wineries sending club shipments into Arizona were all licensed.

“It was the basis for us starting to ask questions about who is shipping liquor into the state of Arizona that does not hold an Arizona liquor license,” Hill said....

So far, the department has investigated 223 violations at a total of 199 wineries, according to records obtained through the Liquor Department’s website.

Additionally, somewhere between 250 and 300 wineries were found to have not filed their production reports. Once the department receives those, it could cause some or all of those to be found in violation. Some of those wineries, in order to comply with state liquor laws and have their cases closed, might also agree to not ship wine to Arizona.

Customers frustrated that they cannot get their wine shipped anymore are funding a renewed effort to change the state’s shipping laws. Two California-based groups, The Wine Institute and Free The Grapes, said they are work

It is clear that Goldwater, representing consumers, has very little influence on the state agency.  So who does?  Well, you have probably guessed:

Hill said last Thursday the crackdown came at the request of a member of the Arizona wine industry, saying it was an example of government and industry working together.

Ugh, what a happy thought -- government and industry working together to protect incumbents from competition and restrict consumer choice.

Our local fishwrap laments:

The local food movement in Arizona needs just that – movement.

While some shoppers enjoy spending their Saturday mornings at local farmers markets, new research indicates Arizona lacks per-capita sales in the local food industry.

The 2015 Locavore Index found that of the 50 states and Washington, D.C., Arizona has the second lowest per-capita sales for local foods.

Here is a scoop for you:  We live in the middle of the freaking Sonoran desert.   It is a terrible place to grow most foods.  In fact, it is an environmentally awful place to grow food.   Local food folks somehow have gotten locked into transportation costs as the key driver of food sustainability that they want to focus on, but transportation costs are 10% or less of most food costs.  A small savings on transportation is absolutely dwarfed, from a productivity and resource use standpoint, by the productivity of the soil and the fit of the climate with whatever is being grown.

Here is one way to think of it -- yes, locally grown food may not have to be transported very far, but every drop of water for food grown here in the Phoenix area has to be brought hundreds of miles from declining reservoirs to grow that food.

The movement seems to imply that locally grown food is more healthy.  Why?  Why is an Arizona tomato healthier than a California tomato?

Finally, the micro-trade-protectionism is pretty funny:

If local Arizonans start buying more local food, the economy may benefit as well.

When buying local grown food, “the money stays here in the local economy, as opposed to buying something in a national chain,” said R.J. Johnson, a sales representative for Blue Sky Organic Farms in Litchfield Park. “You buy something locally, 75 percent of that money stays here in town.”

This is so economically ignorant as to be beyond belief.  If more people are growing food here locally (something that is likely a fairly unproductive task given our climate), what productive tasks are they giving up.  And this is a national effort -- are they really with a straight face telling every single state that they should buy more locally so their money stays at home?  Isn't that just one big zero sum game (actually a negative sum game because you lose benefits of specialization and comparative advantage).

I thought this was a pretty good observation:

Why then, do so many people know about the tax treatment of carried interest? Because it is the epitome of a Washington Issue. A Washington Issue is something that sounds terrible, has little meaningful impact on more than a handful of people, and most importantly, allows you to pretend that you are addressing a different, very difficult issue that would impact a large number of people if you actually tried to make meaningful change -- people who might get angry and do something rash, such as voting for your opponent.

The carried interest issue is thus a convenient way for Democrats making stump speeches to claim that they’re really going to do something about inequality and cronyism, and maybe fund some important new spending on hard-working American families. With the entrance of Jeb Bush and Donald Trump into the arena, it is also a way for Republicans to seem tough on rich special interests while simultaneously proposing tax plans that will help affluent Americans hold on to a lot more of their income and wealth.

As with most Washington Issues, my actual level of concern about carried-interest taxation hovers somewhere between “neighbor’s bathroom grout drama” and “Menudo reunion tour.” Nonetheless, I’m beginning to wish that Congress would get rid of it without demanding anything in return, just to force politicians to talk about something that actually matters.

My tax proposal, as a reminder:

1.  Eliminate all deductions in the individual income tax code

2.  Eliminate the corporate income tax.

3.  Tax capital gains and dividends as regular income.

4.  Eliminate the death tax as well as the write-up of asset values at death

The title of this post is based on the single most common complaint I get from government employees when trying to convince them to allow our company to operate their recreation sites.  Let me retell probably my favorite argument I ever had on this topic.  I will confess I cleaned up some of the verbiage in the retelling.  I will further observe that our company soon after mysteriously lost the bidding for the renewal contract, just about the only time we have ever lost such a renewal in over 40 bids.

 I was having a discussion with one of the many US Forest Service District Rangers who do not like having private for-profit companies operating on public lands, even if we save the taxpayer a lot of money by doing so.  He said to me, "It's not right to make a profit on public land."  I thought a minute and responded, "So you work for free?"

He looked at me confused, "What do you mean?"  

I said, "well, if you took a salary, you would be making a profit on public land, wouldn't you? "

He responded that "this was totally different -- a salary is not the same profit.  And besides, my salary is nothing like your huge profits."

I said, "Are you kidding?  My profits on this District are less than half your salary.  And you earn your salary whether visitors are happy or not.  Your salary is guaranteed and unless you are caught having sex with an eight-year-old on your desk, you probably have it until retirement.  My profit is never guaranteed -- I might make it or I might not.   And getting that profit requires investment of tens of thousands of dollars in trucks and such.  And if I don't do a good job, customers stop showing up and I don't make any money at all."

He responded, "but your profits just add cost.  A non-profit doing the same thing, or the government doing the same thing, would save that money."

I said in turn, "that is incredibly naive.   What I do is operate efficiently and at low costs.  So a non-profit or the government does NOT do the same thing, because without the incentive to make a profit they don't operate anywhere near as cost-effectively.  I have never seen an example where the government could operate for less than twice my costs.  So our company can save half the costs of operating the park, which dwarfs the size of my 5% profit margin.  The savings I produce are 20 times my profit -- if anything, I am grossly underpaid.

Several months ago, a lot of folks where shocked to find that the Clinton Foundation only spent $9 million in direct aid out of a total budget of $150 million, with the rest going to salaries and bonuses and luxury travel for family and friends and other members of the Clinton posse.

None of this surprised me.  From my time at Ivy League schools, I know any number of kids from rich families that work for some sort of trust or non-profit that has nominally charitable goals, but most of whose budget seems to go to lavish parties, first-class travel, and sinecures for various wealthy family scions.

But this week comes a story from the climate world that demonstrates that making a fortune from your non-profit is not just for the old money any more -- it appears to be a great way for activists to build new fortunes.

The story starts with the abhorrent letter by 20 university professors urging President Obama to use the RICO statute (usually thought of as a tool to fight organized crime) to jail people who disagree with them in a scientific debate.  The letter was authored by Jagadish Shukla of George Mason University, and seems to take the position that all climate skeptics are part of an organized coordinated gang that are actively promoting ideas they know to be wrong solely for financial enrichment. (I will give the near-universal skeptic reply to this:  "So where is my Exxon check?!"

Anyway, a couple of folks, including Roger Pielke, Jr. and Steve McIntyre, both folks who get accused of being oil industry funded but who in fact get little or no funding from any such source, wondered where  Shukla's funding comes from.   Shukla gets what looks like a very generous salary from George Mason University of $314,000 a year.  Power to him on that score.  However, the more interesting part is where he makes the rest of his money, because it turns out his university salary is well under half his total income.  The "non-profits" he controls pays him, his family, and his friends over $800,000 a year in compensation, all paid out of government grants that supposedly are to support science.

A number of years ago Shukla created a couple of non-profits called the Institute for Global Environment and Security (IGES) and the Center for Ocean Land Atmosphere Interactions (COLA).  Both were founded by Shukla and are essentially controlled by him, though both now have some sort of institutional relationship with George Mason University as well.  Steve McIntyre has the whole story in its various details.

COLA and IGES both seem to have gotten most of their revenues from NSF, NASA, and NOAA grants.    Over the years, the IGES appears to have collected over $75 million in grants.  As an aside, this single set of grants to one tiny, you-never-even-heard-of-it climate non-profit is very likely way higher than the cumulative sum total of all money ever paid to skeptics.   I have always thought that warmists freaking out over the trivial sums of money going to skeptics is a bit like a football coach who is winning 97-0 freaking out in anger over the other team finally picking up a first down.

Apparently a LOT of this non-profit grant money ends up in the Shukla family bank accounts.

In 2001, the earliest year thus far publicly available, in 2001, in addition to his university salary (not yet available, but presumably about $125,000), Shukla and his wife received a further $214,496  in compensation from IGES (Shukla -$128,796; Anne Shukla – $85,700).  Their combined compensation from IGES doubled over the next two years to approximately $400,000 (additional to Shukla’s university salary of say $130,000), for combined compensation of about $530,000 by 2004.

Shukla’s university salary increased dramatically over the decade reaching $250,866 by 2013 and $314,000 by 2014.  (In this latter year, Shukla was paid much more than Ed Wegman, a George Mason professor of similar seniority). Meanwhile, despite the apparent transition of IGES to George Mason, the income of the Shuklas from IGES continued to increase, reaching $547,000 by 2013.

Grant records are a real mess but it looks like from George Mason University press releases that IGES and its successor recently got a $10 million five-year grant, or $2 million a year from the government.  Of that money:

• approximately $550,000 a year goes to Shukla and his wife as salaries
• some amount, perhaps $90,000 a year, goes to Shukla's daughter as salary
• $171,000 a year goes as salary to James Kinter, an associate of Shukla at George Mason
• An unknown amount goes for Shukla's expenses, for example travel.  When was the last time you ever heard of a climate conference, or any NGO conference, being held at, say, the Dallas-Ft Worth Airport Marriott?  No, because these conferences are really meant as paid vacation opportunities as taxpayer expense for non-profit executives.

I don't think it would be too much of a stretch, if one includes travel and personal expenses paid, that half the government grants to this non-profit are going to support the lifestyle of Shukla and his friends and family.  Note this is not money for Shukla's research or lab, this is money paid to him personally.

Progressives always like to point out examples of corruption in for-profit companies, and certainly those exist.  But there are numerous market and legal checks that bring accountability for such corruption.  But nothing of the sort exists in the non-profit world.  Not only are there few accountability mechanisms, but most of these non-profits are very good at using their stated good intentions as a shield from scrutiny -- "How can you accuse us of corruption, we are doing such important work!"

Postscript:  Oddly, another form of this non-profit scam exists in my industry.  As a reminder, my company privately operates public recreation areas.  Several folks have tried to set up what I call for-profit non-profits.  An individual will create a non-profit, and then pay themselves some salary that is equal to or even greater than the profits they would get as an owner.  They are not avoiding taxes -- they still have to pay taxes on that salary just like I have to pay taxes (at the same individual tax rates) on my pass-through profits.

What they are seeking are two advantages:

• They are hoping to avoid some expensive labor law.  In most cases, these folks over-estimate how much a non-profit shell shelters them from labor law, but there are certain regulations (like the new regulations by the Obama Administration that force junior managers to be paid by the hour rather than be salaried) that do apply differently or not at all to a non-profit.
• They are seeking to take advantage of a bias among many government employees, specifically that these government employees are skeptical of, or even despise, for-profit private enterprise.  As a result, when seeking to outsource certain operations on public lands, some individual decision-makers in government will have a preference for giving the contract to a nominal non-profit.   In California, there is even legislation that gives this bias a force of law, opening certain government contracting opportunities only to non-profits and not for-profits.

The latter can have hilarious results.  There is one non-profit I know of that is a total dodge, but the "owner" is really good at piously talking about his organization being "cleaner" because it is a non-profit, while all the while paying himself a salary higher than my last year's profits.

We pretty much had a full lunar eclipse tonight with clear skies.  Of course my Nikon with the tripod and the 300mm lens had to have a dead batter, so I used the Canon Sx260 I had such good luck with at concerts.  The results are grainy but pretty good for a pocket camera.  This is about 5 minutes after the peak.  No tripod, just sitting on top of my trash can in the driveway.

Here it was a bit before the peak

Modern pocket cameras use some sort of multi-shot HDR process to take low light photos.  My Sony RX100-III does even better at night but does not have the zoom to do justice to the moon.  It s a better camera, and I still intend to share pictures from my trip to Europe but just have not gotten around to it, but here is what the Sony saw:

Sort of apropos to this blog, the local coyotes went absolutely apesh*t right at the peak of the eclipse.  Howling from every direction.

I have never made for a particularly good Internet troll.  Seeing too much nuance can disqualify one.  I have made a number of climate posts that have gotten a lot of attention and backlash, but that is a debate where saying even obvious things like "20 degrees C is not twice as warm as 10 C" will get one a swarm of comments labeling one as an extreme Koch-funded denier [as an editorial aside, this is not a joke example -- I have actually had experiences like this multiple times, trying to correct media articles that say that, say, an increase of 3C over current average temperature 12C represents a 25% increase.  Mark Steyn has a great riposte to this, arguing that if they would just switch to Fahrenheit, then the percentage warming would be reduced.  The same journalists making this mistake have likely labelled skeptics as "anti-science".]

All that being said, and I am not sure why I can't produce a simple one sentence post, I have hit some sort of record for this blog, with over 200 comments on this immigration fence question.

I have made the point a number of times that the bottom 20th percentile (in term of income) of US families would actually be in the 80th percentile in many nations.  In fact, it turns out that the 20th percentile person in the US would not just be relatively rich in many other countries, but on a global scale sits around the 85th percentile of world income.  Virtually no one in the US would even be in the bottom half of world income. This chart from a recent study was shared by David Henderson:

The axes are not well labelled here.  How to read this is the X axis is the income percentile of a person in their home country.  Then one reads up, and the Y axis is the income percentile that person would be at for the whole world.  So a person who is at the 20th percentile in the USA is around the 85th percentile worldwide.  It is interesting that by hugging the 45 degree line, China mirrors the world average.  If you want to envision the distribution of absolute incomes around the world, think of China.

This raises a certain question for American redistributionists.  Ayn Rand used to point out that redistributionists always love the idea because they feel like they got to pick the pocket of the guy wealthier than them, forgetting that someone poorer gets to pick their pocket.  Essentially, in a truly global redistribution scheme, everyone in the US would be paying rather than receiving.

A better way to achieve global income equality would be to have more countries emulate the American rule of law, property rights regime, and relatively free markets.  Ironically, most American redistributionists support the opposite, arguing that in many was the USA should emulate the authoritarianism of these poorer countries.  Which I suppose will achieve global income equality as well, though in a much less attractive way.

I think it is important to publicize these names far and wide:

• Jagadish Shukla, George Mason University, Fairfax, VA
• Edward Maibach, George Mason University, Fairfax, VA
• Paul Dirmeyer, George Mason University, Fairfax, VA
• Barry Klinger, George Mason University, Fairfax, VA
• Paul Schopf, George Mason University, Fairfax, VA
• David Straus, George Mason University, Fairfax, VA
• Edward Sarachik, University of Washington, Seattle, WA
• Michael Wallace, University of Washington, Seattle, WA
• Alan Robock, Rutgers University, New Brunswick, NJ
• Eugenia Kalnay, University of Maryland, College Park, MD
• William Lau, University of Maryland, College Park, MD
• Kevin Trenberth, National Center for Atmospheric Research, Boulder, CO
• T.N. Krishnamurti, Florida State University, Tallahassee, FL
• Vasu Misra, Florida State University, Tallahassee, FL
• Ben Kirtman, University of Miami, Miami, FL
• Robert Dickinson, University of Texas, Austin, TX
• Michela Biasutti, Earth Institute, Columbia University, New York, NY
• Mark Cane, Columbia University, New York, NY
• Lisa Goddard, Earth Institute, Columbia University, New York, NY
• Alan Betts, Atmospheric Research, Pittsford, VT

These 20 people, who nominally call themselves "scientists", have written a letter to President Obama urging him to use the RICO statute to prosecute people who disagree with them on climate science, essentially putting scientific disagreement in the same status as organized crime.  If they can't win the scientific debate with persuasion, they will win it with guns.  From the letter:

One additional tool – recently proposed by Senator Sheldon Whitehouse – is a RICO (Racketeer Influenced and Corrupt Organizations Act) investigation of corporations and other organizations that have knowingly deceived the American people about the risks of climate change, as a means to forestall America’s response to climate change.

Of course "deceive the American people" is defined by these folks in practice as "disagreeing with us".

When politicians argue about small business growth, they argue about stuff like taxes and access to capital and, god help me, completely irreverent (to small business) stuff like the ExIm Bank.

I would argue that there has been a fundamental shift in the economy relative to small business over the last four years, but it has nothing to do with any of that stuff.  I would summarize this shift as follows:

Ten years ago, most of my company's free capacity was used to pursue growth opportunities and refine operations.  Over the last four years or so, all of our free capacity has been spent solely on compliance.

Let me step back and define some terms.  What do I mean by "free capacity?"  In a small, privately-held company, almost all the improvement initiatives spring from the head of, or must heavily involve, the owner.  That would be me.  I have some very capable staff, but when we do something new, it generally starts with me.

So OK, our free capacity is somewhat limited by my personal capacity as owner and President.   But actually, I have a head full of ideas for improving the company.  I'd like to do some new things with training that takes advantage of streaming video.  I'd like to add some customer service screening to our application process.  But my time turns out not to be the only limit -- and this is one of those things that HBS definitely did not teach me.

In the real world, there are only so many new things I can introduce and train my line managers to do, and that they can then pass down to their folks.  An organization can only accept a limited amount of new things (while still doing the old things well).  This is what I mean by "free capacity"  -- the ability to digest new things.

Over the last four years or so we have spent all of this capacity on complying with government rules.  No capacity has been left over to do other new things.  Here are just a few of the things we have been spending time on:

• Because no insurance company has been willing to write coverage for our employees (older people working seasonally) we were forced to try to shift scores of employees from full-time to part-time work to avoid Obamacare penalties that would have been larger than our annual profits.  This took a lot of new processes and retraining and new hiring to make work.  And we are still not done, because we have to get down another 30 or so full-time workers for next year
• The local minimum wage movement has forced us to rethink our whole labor system to deal with rising minimum wages.  Also, since we must go through a time-consuming process to get the government agencies we work with to approve pricing and fee changes, we have had to spend an inordinate amount of time justifying price increases to cover these mandated increases in our labor costs.  This will just accelerate in the future, as the President's contractor minimum wage order is, in some places, forcing us to raise camping prices by an astounding 20%.
• Several states have mandated we use e-Verify on all new employees, which is an incredibly time-consuming addition to our hiring process
• In fact, the proliferation of employee hiring documentation requirements has forced us through two separate iterations of a hiring document tracking and management system
• The California legislature can be thought of as an incredibly efficient machine for creating huge masses of compliance work.    We have to have a whole system to make sure our employees don't work over their meal breaks.  We have to have detailed processes in place for hot days.  We have to have exactly the right kinds of chairs for our employees.  We have to put together complicated shifts to meet California's much tougher overtime rules.  Just this past year, we had to put in a system for keeping track of paid sick days earned by employees.  We have two employee manuals:  one for most of the country and one just for California and all its requirements (it has something like 27 flavors of mandatory leave employers must grant).  The list goes on and on.  So much so that in addition to all the compliance work, we also spent a lot of work shutting down every operation of ours in California, narrowing down to just 3 contracts today.  There has been one time savings though -- we never look at any new business opportunities in CA because we have no desire to add exposure to that state.

Does any of this add value?  Well, I suppose if you are one who considers it more important that companies make absolutely sure they offer time off to stalking victims in California than focus on productivity, you are going to be very happy with what we have been working on.  Otherwise....

I fully understand the dangers of extrapolating from one data point**, but for folks who are scratching their head over recent plateauing of productivity gains and reduced small business origination numbers, you might look in this direction.

By the way, it strikes me that regulatory compliance issues set a minimum size for business viability.  You have to be large enough to cover those compliance issues and still make money.  What I see happening is that as new compliance issues are layered on, that minimum size rises, like a rising tide slowly drowning companies not large enough to keep their head above water.  We are keeping up, but at times it feels like the water is lapping at our chin.

**Unrelated Postscript:  I have found that in the current media/political world, people love to have only one data point.  Why?  Well, with two data points you are are stuck with the line those points define.  With just one, you can draw any line you want in any direction with any slope.

In short, don't ever ever ever take my investment advice.  However, I will note that when I tongue-in-cheek called the market top on May 27, the S&P closed at 2123 and has not closed higher than 2128 since.

The reason market timing is virtually impossible is because the actual timing can be so skewed .  You can be sure the market is overvalued but it can take years for that to play out, particularly when governments (e.g. US, China) are pumping liquidity into the markets to keep them afloat.

A good example is China.  I (and many other much smarter people) were recognizing the China market was overvalued years ago, but had one shorted the China market back then you would have been short-squeezed into oblivion before the actual crash came about this year.

While fundamental investing isn't worthless, the effects of fundamentals seem to get easily swamped by government actions, such that predicting government actions is far more important to investment success than figuring out corporate fundamentals.  I learned to tear apart company financials from one of the best back at HBS, but I have no ability to figure out when the Fed will or will not stop dumping money into the markets.  So I buy a few index funds and try not to look at them too much.

One of the reasons, I think, that we struggle so much with the immigration question is that we really only have two options to offer -- not letting people in, or giving them close to full citizenship rights.  I think we would have the same debates on whether we should let people drive if the only two speeds a car could go were zero and 90 MPH.

For most of the people who are trying to get into this country illegally, the issue is not necessarily that they want full citizenship -- they just want to be present.  They want to be able to live, and drive, and accept employment.   While they would like it, they don't necessarily need to vote or be eligible for social security disability payments.   We need new statuses that allow for presence and productivity but are short of full citizenship.

In this sense, I think many Conservatives are 180 degrees wrong when they invoke the experience of the Roman Empire.  The modern argument is that the Romans are an example of what happens when you allow yourself to be overwhelmed by "barbarians" from the outside.  But in fact, I have argued many times that the real Roman failure was that they lost their early ability to flexibly absorb people of other cultures.  Here is what I wrote in my take on five reasons for the fall of the Roman Empire:

3.   The Romans lost their ability to be innovative in including new peoples in their Empire.  The Romans had a bewildering array of citizenship and tax statuses for different peoples who joined or were conquered by the empire.  For hundreds of years, this innovation was hugely successful.   But by the 4th and 5th centuries they seemed to have lost the trick.  The evidence for this is that they could have solved multiple problems -- the barbarians at the gates and the abandonment of farm land and the need for more soldiers -- by finding a way to settle barbarians on empty farm land.  This is in fact exactly what the barbarians wanted.  That is why I do not include the barbarian invasions as one of my five, because it did not have to be barbarian invasions, it could have been barbarian immigration.  Gibson's thesis was that Christianity killed the Roman Empire by making it "soft".  I don't buy that, but it may have been that substituting the Romans' earlier incredible tolerance for other religions in their Pagan period with a more intolerant version of Christianity contributed to this loss of flexibility.

And if you really want a modern parallel with the fall of the (western) Roman Empire, try this other point I made:

4.   Hand in hand with #3, the Roman economy became sclerotic.  This was the legacy of Diocletian and Constantine, who restructured the empire to survive several centuries more but at the cost of at least an order of magnitude more state control in every aspect of society.  Diocletian's edict of maximum prices is the best known such regulation, but in fact he fixed most every family into their then-current trades and insisted the family perform the same economic functions in all future generations.  Essentially, it was Ayn Rand's directive 10-289 for the ancient world, and the only reason these laws were not more destructive is that the information and communication technologies of the time did not allow for very careful enforcement.

The current refugee surge into Europe has caused a lot of my friends who are immigration restrictionists to say this proves that I am naive.

During the Cold War, we (including most Conservatives) considered it immoral that Communist countries would not let their people leave (Berlin Wall, etc.).  Now, however, it is argued by many of these same folks that it is imperative that the Western democracies build walls to keep people out.

So here is a question -- not of practical consequences, but of pure morality.  Consider this picture of people being prevented from crossing the border.

Explain to me why this scene is immoral if the wall and police forces were put there by the country at the right (the leaving country) but suddenly moral if the same wall with the same police force were put there by the country on the left (the receiving country).  Don't they have exactly the same effect?  Same wall -- How are they different?

Local AZ water district offers manure share program.

** This post is the result of an email exchange with a reader where we joked about a blog Turing test.  So this is my attempt to imitate Glenn Reynold's style.  How did I do?

I just got the first year bill from my payroll company for the extra reporting we have to do each year vis a vis Obamacare:  $7195.50 for 2015.  Note that this adds absolutely no value -- this is not the cost of insurance or cost of any extra taxes sent to Uncle Sam.  This is merely the cost to handle all the new paperwork required in the law.

I will repeat what I have said before -- the Republicans tend to focus narrowly on taxes and often tend to miss or downplay the regulatory issues, which I think actually loom larger in destroying economic growth.