Let's Look at Some Ethics Promises of Obama/BidenThere was, as of today, a website used by the Obama/Biden campaign which made a number of commitments on ethics.
Here were some of the commitments (from at website):- Sunlight Before Signing: Too often bills are rushed through Congress and to the president before the public has the opportunity to review them. As president, Obama will not sign any non-emergency bill without giving the American public an opportunity to review and comment on the White House website for five days.
- Shine Light on Earmarks and Pork Barrel Spending: Obama's Transparency and Integrity in Earmarks Act will shed light on all earmarks by disclosing the name of the legislator who asked for each earmark, along with a written justification, 72 hours before they can be approved by the full Senate.
Regarding the first bullet, there are, as of today, about two dozen known former lobbyists (depending on the definition) who have been appointed. The Obama/Biden Administration has said that these are exceptions. There are also an unknown number (at least a dozen have been specifically announced) of people who went from the Obama/Biden campaign directly to lobbying companies. This, of course, is not covered by the ethics promise.
Regarding the second bullet, President Obama signed two bills, the Ledbetter Fair Pay Act and the State Children Health Insurance Program within two days (the second within hours) after it passed Congress. The Obama/Biden Administration has not said whether these were exceptions (hard to believe they could be called 'emergencies').
Regarding the third bullet, there were many egregious clauses in the Simulus Bill (one for an $8 billion maglev program, another $30M for habitat protection for a mouse that lives in the SF Bay area). Obama signed it 4 days after the Congress passed it (The President did say was an emergency - unlike the Ledbetter or S-Chips legislation which took less time to sign).
Here is a problem. I faced it when I was in government. The problem is "what is an earmark?". It may be that the common sense definition of 'earmark' is not used by President Obama. Here is one definition by the OMB (which is part of the executive branch),
"... funds provided by Congress for projects or programs where the congressional direction (in bill or report language) circumvents Executive Branch merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the Executive Branch to manage critical aspects of the funds allocation process."
Here is the Congressional Research Service definition,
"Provisions associated with legislation (appropriations or general legislation) that specify certain congressional spending priorities or in revenue bills that apply to a very limited number of individuals or entities. Earmarks may appear in either the legislative text or report language (committee reports accompanying reported bills and joint explanatory statement accompanying a conference report)
"
We don't know what Obama's definition is.
In this case, it seems to me that the Obama campaign promise itself was clearly an example of an overpromise because bringing the sunlight to earmarks is a congressional responsibility which is difficult for the executive to fill unless they have spies among the staffers in the drafting and conference committees.
Let's see if the President has anything to say about any of these issues in the coming weeks before completing the analysis.
Postscript: It is now (Writing on March 15) several weeks later. Obama seems to have the position, "well I said I would curtail earmarks, I didn't say when". Yuck.
Also, here is an interesting except from Obama's second memoir, "The Audacity of Hope"
"..."Genuine bipartisanship assumes an honest process of give-and-take, and that the quality of the compromise is measured by how well it serves some agreed-upon goal, whether better schools or lower deficits. This in turn assumes that the majority will be constrained -- by an exacting press corps and ultimately an informed electorate -- to negotiate in good faith.
...If these conditions do not hold -- if nobody outside Washington is really paying attention to the substance of the bill, if the true costs . . . are buried in phony accounting and understated by a trillion dollars or so -- the majority party can begin every negotiation by asking for 100% of what it wants, go on to concede 10%, and then accuse any member of the minority party who fails to support this 'compromise' of being 'obstructionist.'...
"For the minority party in such circumstances, 'bipartisanship' comes to mean getting chronically steamrolled, although individual senators may enjoy certain political rewards by consistently going along with the majority and hence gaining a reputation for being 'moderate' or 'centrist.'