Whistleblowing, Leaking, and Employment Discrimination

Subscribe:  iTunes | PocketCasts | Overcast | Stitcher | RSS

Mike talks with attorney Scott Oswald, a managing principal at The Employment Law Group. Scott has extensive experience with whistleblower, employment discrimination, and wrongful termination cases, regularly lectures on employment and whistleblower law, and has authored numerous articles on federal and state whistleblower and employment law protections.

Mike and Scott discuss the differences between whistleblowing and leaking, protections for whistleblowers, leaking of classified information, the magnitude of the employment discrimination problem, whether things are getting better, and differences between the Trump and Obama administrations in employment discrimination enforcement.

The Employment Law Group on Twitter

Listener support helps make The Politics Guys possible. If you’re interested in supporting the show, go to politicsguys.com and click on the Patreon or PayPal links.

PG132: Korea Talks, Iran Protests, DOJ on Marijuana, Wolff’s Book and Offshore Drilling

Subscribe:  iTunes | PocketCasts | Overcast | Stitcher | RSS

In our first show of 2018 Mike and Trey look at what they thought would be a quiet week in the news that quickly exploded. First they look at the unexpected offer by Kim Jong Un to talks between North and South Korea. Then the hosts turn their attention to the emergence of protests in Iran and look at the similarities and differences between the 2009 and 2018 protests. After this weeks foreign policy questions are finished Trey and Mike discuss domestic policy beginning with Session’s DOJ memo on marijuana. They briefly discuss the more substantive outcomes of Michael Wolff’s upcoming book on the Trump White House before turning their attention to changes to offshore drilling.

Mike’s Recommended ReadingNational Review: ‘Can America Survive as a Post-Christian Nation?

Trey’s Recommended Reading: The Storm Before the Storm

This episode of The Politics Guys is sponsored by Policy Genius the free way to compare insurance quotes made simple.

New Year’s Resolutions

Over the past few weeks, I’ve mainly been focusing on my classes at Northern Kentucky University, both the super-intense three week class I’m currently teaching (American Politics in Film) and the four classes I’ll be teaching when our spring semester starts on Monday.

But in addition to that, I’ve been thinking about something lots of people think about this time of year: resolutions for the new year. I have some personal resolutions (none of which I’ve broken – at least not yet) as well as a couple of resolutions for The Politics Guys, which I’d like to share with you.

My first resolution is to use social media more thoughtfully. Last year, I too often succumbed to the temptation to post something inflammatory, or superficial, or snarky. Now, don’t get me wrong, I enjoy inflammatory, superficial, snarky stuff as much as the next guy, but Facebook and Twitter are already overflowing with that. You don’t need more of it from me, and this year I’m resolving to limit my social media posts to things that pose thoughtful questions or somehow serve to advance political conversation in a sane and rational manner.

My second resolution is to give Politics Guys listeners more in-depth debate. Back in the early days of the show, Jay and I regularly featured mid-week shows in which we picked out an issue or two and really dug into it. Last year, we turned almost exclusively to interviews and listener question shows. I think they were some great shows, but a number of listeners have told me that they missed those in-depth debates. You’ll get more of those in 2018.

I’m telling you about these resolutions because I’m hoping you’ll hold me to them. If you think I’m slacking, please let me know. And if you have any suggestions for debate shows, definitely pass those along (you can reach me at mike@politicsguys.com).

I’ll close with a new year’s recommendation. I’m sure you know the importance of seeking out views that conflict with your own – if you didn’t, you wouldn’t listen to the Politics Guys podcast or read this blog. But I know how difficult it is to commit to following ‘the other side’. Here’s a suggestion: pick out one decent columnist whose views tend to differ from yours and make a point of reading them on a regular basis. I’d suggest making it someone who isn’t a ‘paint-by-numbers’ ideologue: you know the type – someone whose views you know even before you hear from them. Find someone decent and respectable and – most important – someone who might just surprise you every once in a while.

I’ve got a couple of suggestions here. My fellow liberals might want to give Tyler Cowen a try. He’s a hugely intelligent conservative economist who I hold in the highest regard, even though I think he’s off-base about plenty of things. He blogs at Marginal Revolution as well as at Bloomberg View. (He’s also written a great mini-book call Stubborn Attachments that I’m currently in the middle of. He posted the whole thing on Medium, so you can check it out for free.)

If you’re a conservative, you might want to give Jonathan Bernstein a try. He’s a political scientist who used to run a blog called ‘A Plain Blog About Politics’ until the folks at Bloomberg View plucked him out of semi-obscurity to give him the platform his well-reasoned, thoughtful articles and links deserved.

One final thing before I sign off. Listener response to my food politics mini-podcast episode was very positive, and so I’ve decided to record more. One thing I’m not sure of is the best day to release them. Our weekend news analysis shows drop on Saturday afternoon and our midweek show hits your podcast app Wednesday morning. When would you like to see a food politics episode? (And while I’m thinking of it, what do you think of my spinning off the food politics show and making it its own thing?)

I hope you had a great 2017 and that you’re looking forward to the new year as much as I am. (I can’t wait for those elections in November!)

Political Bribery, Corruption, Secret Money, and Broken Elections

Subscribe:  iTunes | PocketCasts | Overcast | Stitcher | RSS

Mike talks with Josh Silver, Director and co-founder of Represent.Us, a nonprofit organization that brings together conservatives, progressives, and everyone in between to pass powerful anti-corruption laws that stop political bribery, end secret money, and fix our broken elections.

Mike and Josh discuss why so many reformers take a left-wing approach, how big of a problem political corruption is, secret money and political speech, how to improve elections, and lots more.

Episode Links
The ‘Unrig the System’ Summit

The American Anti-Corruption Act

Lawmakers fighting Citizen Election Initiatives

Represent.us on Twitter

This episode of The Politics Guys is sponsored by SeatGeek, the easiest way to buy tickets to live events. Politics Guys listeners get $20 off their first SeatGeek purchase by downloading the SeatGeek app or going to seatgeek.com and entering promo code POLITICSGUY

Listener support helps make The Politics Guys possible. If you’re interested in supporting the show, go to politicsguys.com and click on the Patreon or PayPal links.

Avocado Politics

Subscribe:  iTunes | PocketCasts | Overcast | Stitcher | RSS

Mike and Jay aren’t doing their regular Saturday show today, but instead of giving you nothing this weekend Mike thought he’d try an experiment.

As you might know, Mike started a blog not too long ago. One reader suggested that he do it as a sort of mini-podcast as well. That sounded like a reasonable idea, and so he gave it a try. This is the result – for better or worse. (If you’d like to read the article itself, it’s here.

We hope you enjoy this experimental Politics Guys episode, and that you let us know what you think – good, bad, or indifferent. Is this something you’d like to see on a regular basis (in addition to, not in place of, our regular Saturday and Wednesday shows)? Any suggestions, ideas, critiques? Whatever you think, we’d love to hear from you. You can contact Mike directly at mike@politicsguys.com or message us on the Politics Guys Facebook page

Listener support helps make The Politics Guys possible. If you’re interested in supporting the show, go to politicsguys.com and click on the Patreon or PayPal links.

PG131: Tax Reform Law, UN vs US, Trump’s National Security Strategy, Shutdown Averted

Subscribe:  iTunes | PocketCasts | Overcast | Stitcher | RSS

Mike, Jay, and Trey have been talking about the GOP tax bill since early November, and this week it finally became the GOP tax law, after President Trump signed the measure before departing for his Christmas vacation. Mike and Jay summarize their views on the legislation and make some predictions as to how it’s likely to play out.

After that they discuss the United Nations General Assembly’s vote opposing U.S. recognition of Jerusalem as the capitol of Israel. Mike thinks that when only a handful of tiny countries are on your side maybe it’s time to reconsider your stance whereas Jay feels that the UN has once again demonstrated its strong anti-Israel bias.

Next is a look at President Trump’s recently announced national security strategy. Mike points out that in many places the document seems to contradict what President Trump has actually said and done, whereas Jay thinks that the administration’s focus on ‘principled realism’ is a good thing. (Mike likes the term too, but wishes there was a bit more focus on the ‘principled’ part, especially concerning human rights.)

Finally, Mike and Jay point out some relatively good news to end the year – the government won’t be shutting down, at least not until late January, thanks to a stopgap funding measure passed by Congress and signed into law by President Trump. Importantly, the measure includes emergency funding for the Children’s Health Insurance Program (CHIP), which provides coverage to around nine million children from lower-income families. Had Congress not come to an agreement on extending this funding, up to two millions kids would have been at least temporally without insurance.

Listener support helps make The Politics Guys possible. If you’re interested in supporting the show, go to politicsguys.com and click on the Patreon or PayPal links.

The False Choice Between ‘Big’ and ‘Small’ Government

Now that my sabbatical is over, I’m back to teaching four classes each semester, which means I’ll have a lot less time to research and write food politics blog posts. I’ll still be posting every Saturday (aside from January 30, when we won’t be doing a podcast either) but more often than not those posts will be links to things I think are worth reading, listening to, or watching, along with some thoughts on why I believe they might be worth your time. Which brings me to my suggestions for this week:

Shrinking government isn’t something I’m necessarily opposed to, but I think the focus on ‘big government’ vs. ‘small government’ often misses the point. What I believe most people really want is efficient, effective government. Sometimes, that means cutting bloated programs. But in other cases it might actually be better to increase government employment, salaries, and resources. As special interest lobbyists have grown more and more powerful, the ability of our government to independently assess and evaluate their claims has diminished. Whether you’re a libertarian concerned with crony capitalism or a liberal worried about income inequality, this is something that should matter to you. Below are two articles that flesh out this argument for investing in government capability.

Congress just doesn’t know enough to do its job well. Here’s why. 
An article from the Washington Post’s ‘Monkey Cage’ blog, where political scientists descend from their ivory towers and talk about real-world politics. The writing can sometimes be sort of stiff (I mean, what do you expect from academics?) but it’s rare that a week goes by in which I don’t find something very worthwhile there.

Members of Congress should get higher salaries
This is not from some lefty, mainstream media outlet but from the conservative Washington Examiner. One thing I’d add is that the author’s proposal to increase congressional salaries to $225,000 isn’t nearly enough. I’d like to see a system like they have in Singapore, where legislators earn close to $2 million per year.

One final recommendation. During the holidays, I try to remember to not only be grateful for all that I have, but to be aware that life is short and very precious. Not too long ago, Sam Harris started this excellent podcast episode with a short story that brought home this point in beautiful fashion. The story is only about seven minutes long – quite possibly the most meaningful seven minutes of podcast listening I did all year.

Happy Holidays!
Mike

Patients, Physicians, and Employers on Value in Health Care

Subscribe:  iTunes | PocketCasts | Overcast | Stitcher | RSS

Mike talks with Dr. Bob Pendleton, Chief Medical Officer at University of Utah Health. They discuss the school’s recently released ‘Value in Health Care Survey‘ which asked patients, doctors, and employers across the country about about their perceptions of value in health care and how they prioritize quality, service, and cost of health care services.

Mike and Dr. Pendleton dig in to the survey’s findings, some of which were fairly astonishing – for instance, that patients ranked getting better as less important than the friendliness of the medical office staff. They also discuss what these findings mean for the healthcare system in the United States and how policymakers might use this information to improve the U.S. system.

Listener support helps make The Politics Guys possible. If you’re interested in supporting the show, go to politicsguys.com and click on the Patreon or PayPal links.

PG130: Alabama Elections, Net Neutrality Officially Ends, The GOP Tax Cut (again), Sexual Allegations and Mueller

Subscribe:  iTunes | PocketCasts | Overcast | Stitcher | RSS

This week Trey rejoins Michael after finishing the fall semester at Daytona State College. The first topic of conversation is the Alabama special Senate election. Trey and Michael discuss the implications of a Jones win, a Moore loss, and what the exit polling data tell us about the future. They then turn to Net Neutrality briefly before moving to the biggest week’s news: the GOP tax bill. With the bill out of conference committee Trey and Michael discuss the modified plan. Next comes a discussion of the renewed sexual allegations against President Donald Trump before ending on the potential Mueller credibility issue.
Mike’s Recommended Reading
Trey’s Recommended Reading
We hope you’ll check out today’s sponsor:
Dollar Shave Club. New members get DSC’s starter set, featuring their Executive Razor, a full cassette of cartridges, shave butter, body wash, and ‘One Wipe Charlies’ butt wipes for only $5 by going to dollarshaveclub.com/tpg
Listener support helps make The Politics Guys possible. If you’re interested in supporting the show, go to politicsguys.com and click on the Patreon or PayPal links.

The Politics of Better Beer

This is a golden age for American beer. It’s never been easier to find an amazing ale, a hearty porter, or a hoppy, refreshing IPA (my personal favorite). It’s all thanks to the explosive growth of craft brewing in the United States. In 2016, craft breweries (defined as breweries producing under six million barrels per year and not owned by a larger brewer) sold 24.1 million barrels of beer – that’s 747.1 million gallons, enough to fill 95.6 billion bottles.[1] Over 98 percent of the 5,301 brewers in the United States are craft breweries or brewpubs, which account for 42 percent of all employment in the domestic brewing industry.[2]

How did this craft beer revolution come about? The answer to that question has a lot to do with politics.

I still remember the first time I tried Great Lakes Christmas Ale – it was one of the greatest beer experiences of my life!

In 1920, the 18th Amendment to the Constitution was ratified. The amendment prohibited the “manufacture, sale, or transportation of intoxicating liquors” within the United States. It also closed down the over 1,000 brewers then operating in the United States. When the 18th Amendment was repealed in 1933 breweries started to open up again, but in nowhere near their pre-Prohibition numbers. The market quickly became dominated by a small group of mega-brewers who churned out bland, insipid lagers for a mass market.

source: Brewers Association (http://bit.ly/2iTf5qD)

This ‘beer dark age’ began to end thanks to two laws passed in 1978. The first of them lowered the excise tax on beer for small brewers (those with overall production of under 2 million barrels per year). Previously, they’d paid $9.00 in federal tax for every barrel, just like the mega-brewers. The new law cut that to $7.00 per barrel for their first 60,000 barrels.[3] The second law repealed the excise tax on wine and beer for personal and family use, so long as you weren’t making more than 200 gallons per year (and if you need more than 200 gallons of beer per year for ‘personal and family use’, I’d say you’ve got bigger problems than an excise tax).

These laws led to a renaissance in home brewing, which in turn revitalized the craft-brewing industry as first hundreds, then thousands of home-brewers thought, ‘I should do this for a living.’ Most of them were wrong about that – if you’ve tasted much home-brewed beer, I’m sure you’ll agree – but as successful homebrew entrepreneurs began to start businesses, more and more Americans discovered that beer could actually taste good. Word began to spread, and the number of craft breweries and brewpubs soared.

source: Brewers Association (http://bit.ly/2iTf5qD)

Over the years, the federal excise tax on beer has gone up, though nowhere near as much as the rate of inflation. The current rate is $18 per barrel, which in unadjusted terms looks like a huge increase over that $9.00 rate from 1978. But in inflation-adjusted terms, $9.00 from 1978 is roughly the equivalent of $33 today, which means that in real terms the tax on beer has gone down considerably.

The special rate for small brewers is still around – it’s $7 per barrel on the first 60,000 barrels.[4] That tax, combined with various state and local taxes, accounts for about 41 percent of the price of every beer, according to an analysis commissioned by the National Beer Wholesalers Association.[5]

Congress has definitely taken notice of the growing interest in craft beer. Both the House and Senate have formed Small Brewers Caucuses, with 226 members in the House and 37 in the Senate.[6] [7] Recently, there’s been a bipartisan push in Congress to lower the federal tax burden on craft brewers. The latest effort, was the Craft Beverage Modernization and Tax Reform Act of 2017 (S.236 / H.R. 747). It was introduced by Senators Ron Wyden (D-OR) and Roy Blunt (R-MO) with a companion bill in the House introduced by Representatives Erik Paulsen (R-MN) and Ron Kind (D-WI).

The legislation called for the excise tax to be reduced from $7 all the way down to $3.40 per barrel on the first 60,000 barrels for small brewers, along with a reduction in the standard excise tax from $18 to $16 per barrel. This bill was rolled into the recently passed House and Senate tax reform legislation, with one small change – the lower rate for craft brewers was changed to $3.50 per barrel. More important to brewers is that it’s not a permanent tax cut. Under both the House and Senate versions, the lower rates only apply to beer ‘removed for consumption’ between January 1 of 2018 and December 31 of 2019.[8]

Why only a two-year cut? One reason is the deficit. Almost all independent and nonpartisan estimates of the tax bills conclude that they’ll add a minimum of $1 trillion to the national debt (currently at $20 trillion plus) over the next decade. Not only do Republicans in both chambers want to keep this number as low as possible, but the Senate can’t approve legislation with more than a $1.5 trillion increase if they want to use reconciliation rules, which prevent a Democratic filibuster. Another reason is that when Congress makes tax  cuts temporary, the industry benefiting from the cuts will almost certainly come calling when the cuts are due to expire, usually with campaign contributions.

The House-Senate conference committee kept the reduced excise tax, and given the near certainty of the bill becoming law, brewers will soon be getting a sizable tax break. Conservatives argue that this is a good thing, believing that reducing the tax will create even more growth in the brewing industry, boost employment, and result in more, better, and less expensive beer.

Many liberals counter that the industry is growing just fine without extra incentives and that, if anything, taxes on alcohol should be increased. According to economist Adam Looney of the left-leaning Brookings Tax Policy Center, the tax cuts for alcohol producers would not only lower federal alcohol tax revenue by 16 percent, leaving it at a rate not seen since 1950, but would lead to an increase in drinking that would ultimately result in over 1,500 additional alcohol-related deaths every year.[9]

I’m old enough to remember the days when good beer was hard to find, and I’m glad Congress acted back in 1978 to help the cause of good beer (a truly noble cause, in my book). But now that there’s a thriving craft beer industry in the United States, I think the potential benefit of even greater tax cuts is outweighed by the effect those cuts will have on the national debt ($20 trillion and growing) and the role they’ll indirectly play in more alcohol-related deaths.

____________________

[1] “National Beer Sales & Production Data,” Brewers Association, accessed December 5, 2017, https://www.brewersassociation.org/statistics/national-beer-sales-production-data/.

[2] “Historical U.S. Brewery Count,” Brewers Association, accessed December 13, 2017, https://www.brewersassociation.org/statistics/number-of-breweries/.

[3] Alistair Williams, “Exploring the Impact of Legislation on the Development of Craft Beer,” Beverages 3, no. 2 (March 28, 2017): 18, https://doi.org/10.3390/beverages3020018.

[4] TAD NRC, “TTB | Tax Audit Division | Tax and Fee Rates,” Data & Tools, accessed December 5, 2017, https://www.ttb.gov/tax_audit/atftaxes.shtml#Beer.

[5] John Dunham & Associates, “A Study of the U.S. Beer Industry’s Economic Contribution in 2016,” May 2017, http://beerservesamerica.org/wp-content/uploads/2017/05/2017-Beer-Serves-America-Report.pdf.

[6] “House Small Brewers Caucus Members,” Brewers Association, accessed December 13, 2017, https://www.brewersassociation.org/government-affairs/house-small-brewers-caucus/house-caucus-members/.

[7] “Senate Bipartisan Small Brewers Caucus Members,” Brewers Association, accessed December 13, 2017, https://www.brewersassociation.org/government-affairs/senate-small-brewers-caucus/senate-caucus-members/.

[8] Kevin Brady, “Text – H.R.1 – 115th Congress (2017-2018): Tax Cuts and Jobs Act,” webpage, December 4, 2017, https://www.congress.gov/bill/115th-congress/house-bill/1/text.

[9] Adam Looney, “Measuring the Loss of Life from the Senate’s Tax Cuts for Alcohol Producers,” Brookings (blog), November 22, 2017, https://www.brookings.edu/research/measuring-the-loss-of-life-from-the-senates-tax-cuts-for-alcohol-producers/.