Lying and the Federal Government by David Boaz

Speaking of White House gate-crashers Tareq and Michaele Salahi (as we were trying to think of an excuse to do, to increase blog traffic), Slate says they might be guilty of a federal crime. What crime? Well, possibly trespassing on federal property. Or maybe the "broad prohibition on lying to the federal government." Title 18, section 1001 of the U.S. Code
can be used to prosecute anyone who "knowingly and willfully … falsifies, conceals, or covers up by any trick, scheme, or device a material fact" or "makes any materially false, fictitious, or fraudulent statement or representation" to the government. That could include lying about your arrest record on a government job application, claiming a fake deduction on your taxes, or telling someone you're on the White House invite list when you're not.
I can't help wondering, is there any equally broad prohibition on lying by the federal government? If the federal government, or a federal agency, or a federal official "knowingly and willfully ... falsifies, conceals, or covers up" information or "makes any materially false, fictitious, or fraudulent statement or representation" -- about the costs of a new entitlement, or how a candidate for reelection will act in his next term, or case for going to war -- is that prohibited? Or are the rules tougher on the ruled than the rulers?

Posted on December 3, 2009  Posted to Cato@Liberty

Palmer and Cowen on Libertarianism by David Boaz

On Tuesday I hosted a Book Forum for Tom Palmer's new book, Realizing Freedom: Libertarian Theory, History, and Practice. You can see the video here. I thought Tyler Cowen's comments were very astute, so I reproduce an abridged version here:
The first question is, “What do I, as a reader, see as the essential unity or unities in the book?” And I see really two. The first is I see this as a construction and articulation of a vision of what I call reasonable libertarianism. I think we’re in a world right now that is growing very partisan and very rabid, and a lot of things which are called libertarian in the Libertarian Party, or what you might call the Lew Rockwell / Ron Paul camp, are to my eye not exactly where libertarianism should be, and I think Tom has been a very brave and articulate advocate of a reasonable libertarianism. And if I ask myself, “Does the book succeed in this endeavor?” I would say, “Yes.” The second unity in the book, I think, has to do with the last thirty years of world history. I know in the United States now there is less liberty. But overall, the world as a whole, over the last thirty years, has seen more movement towards more liberty than perhaps in any other period of human history. And I suspect most of these movements toward liberty will last. So there have been these movements towards liberty, and they have been motivated, in part, by ideas. The question arises, which are the ideas that have been the important ones for this last thirty years? And I view Tom’s book, whether he intended it as such or not, as a kind of guide to which have been the important ideas driving the last thirty years. And a lot of the book goes back into history pretty far – the eighteenth century, the Levellers, debates over natural rights – and I think precisely because it takes this broader perspective it is one of the best guides – maybe the best guide – to what have been the most important ideas driving the last thirty years (as opposed to the misleading ideas or the dead-end ideas). So that’s my take on the essential unities. Another question you might ask about a collection of essays is, “Which of them did I like best?” I thought about this for a while, and I have two nominations. The first one is “Twenty Myths about Markets,” which is the essay on economics. I don’t know any piece by an economist that does such a good job of poking holes in a lot of economic fallacies and just laying out what you hear so often. You would think an economist would have written this long ago, but to the best of my knowledge, not. The other favorite little piece of mine is called “Six Facts about Iraq,” which  explains from Tom’s point of view – and Tom has been there a number of times – what’s going on in Iraq and why. It is only a few pages long, but I felt that I got a better sense of Iraq reading this short piece than almost anything else I’ve come across. I’m not sure exactly what’s the common element between the two I liked best – they both start with a number – but I think the ones I liked best reminded me the most of Tom when he is talking. I had the sense of Tom being locked in a room, and forced to address a question, and not being allowed to leave until he had given his bottom line approach. And I think what he’s very good at through out the book is just getting directly to the point.
There's more to Tyler's comments, and lots more from both of them in response to questions, so check out the video.

Posted on December 3, 2009  Posted to Cato@Liberty

Not the Change We Hoped For by David Boaz

express-coverBarack Obama first became a credible presidential candidate on the basis of his antiwar credentials and his promise to change the way Washington works. But he has now made both of George Bush's wars his wars. The Washington Post's front-page analysis began, "President Obama assumed full ownership of the war in Afghanistan on Tuesday night..." The cover of the tabloid D.C. Express was even more blunt. Speaking of Iraq in February 2008, he said, "I opposed this war in 2002. I will bring this war to an end in 2009. It is time to bring our troops home." Responding to Hillary Clinton's criticisms in March 2008, he said, "I will bring this war to an end in 2009, so don't be confused." Now he is promising to end the Iraq war in 2011, and to begin a withdrawal from Afghanistan in that year. Not the change we hoped for. President Obama promises that after all this vitally necessary and unprecedented federal spending, he will turn his attention to constraining spending at some uncertain date in the future. And now he says that he will first put more troops into Afghanistan, and then withdraw them at some uncertain date in the future ("in July of 2011," but "taking into account conditions on the ground"). Voters are going to be skeptical of both promises to accelerate and then put on the brakes later. Of course, John McCain thinks that even a tentative promise to get out of this war after a decade is too much. "Success is the real exit strategy," he says. And if there's no success? Then presumably no exit. Antiwar voters may still find a vague promise of getting the troops out of Afghanistan three years after the president's inauguration preferable to what a President McCain would have promised. But as Chris Preble wrote yesterday, this increase of 30,000 troops -- or 40,000 -- is not going to win the war. The U.S. military’s counterinsurgency doctrine says that stabilizing a country the size of Afghanistan would require far more troops than anyone is willing to invest. So why not declare that we have removed the government that harbored the 9/11 attackers, and come home? The real risk for Obama is becoming not JFK but LBJ -- a president with an ambitious, expensive, and ultimately destructive domestic agenda, who ends up bogged down and destroyed by an endless war. Congress should press for a quicker conclusion to both wars.

Posted on December 2, 2009  Posted to Cato@Liberty

About David Boaz

Click here to learn more.