Government Accountability
We can all see that there is one word that does not apply to our government as currently constituted, accountability. In theory there is supposed to be checks and balances, but in reality we have wound up with a complicated web of laws, administrative policies, and good old boys clubs that protect the bad actors. The FBI and its leadership have abused one of the most powerful spy tools ever invented to snoop on everyone from a Presidential campaign to their online dating matches. And every time the story is the same, "We will enact New reforms that will make it better." The problem is it never gets better because the incentive structures never change.
So my plan is an overhaul of the incentives of Government officials. I want to be clear, this is not an attack on any individuals that have not done wrong. This is a simple acknowledgment that our current system does not allow for basic levels of accountability. I also want to be clear that this should not be misconstrued as an attack on the police. There are real and profound problems with the institution of policing in America that mostly steam from legislative bodies and courts that have forced people in uniform to choose between keeping their job and upholding individual rights.
To flip those incentive structures we will need to start by setting the rules that everyone is required to play by. That means solidifying our Constitutional Rights that are granted by God, and rejecting the man made loopholes that prevent accountability. There is no magic bullet. But like the system that was created, we need several layers of overhaul to the legal system and to each branch of government irrespective of the other branches of government.
That means going to war with the administrative state. This is a bear of a problem, because no branch of government has done a good job of upholding the American ideal. Our focus will be on fixing the branch that we are running for, the Legislative branch. I have some prescriptions for the other branches as well, and some important changes in law that would restore accountability for government officials of all branches. But unfortunately Congress had spent most of my life abdicating its duties which is why I am running to fix it, and they require the most fixing.
Legal Overhauls
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Change civil rights violations to be strict liability crimes (Title 18 section 241 and 242)
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This will prevent government actors from being able to play the "I didn't know I couldn't do that" defense to get away with violating your constitutional rights.
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Allow individual's claims against government officials be decided during their criminal prosecution.
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It would be similar to civil trials, where both, either, or neither party can be found guilty.
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This will prevent the government from continuing to use the process as the punishment for those who stand up for their rights.
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Remove qualified, judicial, prosecutorial, and absolute immunity’s which have allowed civil rights violations to go unchecked.
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These are the protections that are offered to government officials as a defense for violating someone's constitutional rights. They apply to different groups, but all essentially mean that a government official cannot be held personally responsible for their actions on behalf of the government. I think the bill of rights was written in a way to deny this logic as being legitimate.
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Allow individuals to bring civil rights claims and have them be resolved by 1 of 2 options.
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actual damages & criminal prosecution or
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actual damages & civil penalties
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The change here would be allowing the citizen that was wronged to have some control in the outcome. For far too long we have allowed government agents to traumatize our citizens by violating their rights, then allowing them to traumatize them again by spending years in litigation. And that is assuming you don't become the target of an interagency attack to ruin your life, as Donald Trump is experiencing now. This would give a small measure of control back to the victims of government excess to get the justice they see fit.
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These measures will help to permanently reduce the size of government, and allow the benefits of public service jobs to go to the most qualified and competent individuals. Each of the measures is tailored to enact the kind of changes in our government that will lead to bad actors being held accountable, and thus not be employed by the government.
Legislative Branch Overhauls
To start with Congress I have an 11 point plan to restore trust in an institution less popular than cancer, Congress.
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Term limits - I prepose 2 terms be the limit for any office
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Balanced budget amendment - Limit the amount of debt Congress can rack up
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Require singe subject legislation
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Remove Speaker of the House position in favor of a rotating role. This will eliminate the elite uni-party that has been running things and send the power of the Peoples house to the Peoples representatives.
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No pension if Congress doesn’t pass a spending legislation on time - April 30 budget, September 30 for appropriations. If you miss either deadline no member of Congress gets a pension.
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No pay while government is shutdown.
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Eliminate earmarks
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Have a cooling off period for any legislation to be 1 day per 100 pages of text in the legislation
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Double the legislative calendar.
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Do a legitimacy review of criminal statutes that violate constitutional rights.
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Pass a law to make it a felony for any member of Congress who votes for a bill they didn't read.
Some of these measures are extreme. But when you have a single digit approval rating extreme overhaul is necessary. I believe all of these reforms are reasonable changes and would go a long way to restoring trust in the institution.
Executive Branch
Next we will dive into the realm of the deep state, also known as the Executive branch.
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Eliminate executive privilege - Being the President doesn't make you immune from answering to Congress.
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Allow for 1st amendment challenges for classified material - Illegitimate classification should be illegal
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Settlements for civil rights violations should automatically trigger an indictment for all people who are liable for their actions, and should include any prosecutor who saw the evidence and didn't bring a change. If a case has a preponderance of the evidence it must have probable cause by definition, and failure to bring charges for the violation makes them an accomplice after the fact. (If item 2 from the legal overhauls is not agreed to)
These changes are focused on bringing transparency to the executive branch. We shouldn't accept a President sending someone who describes himself as the President's "wingman" and giving him the power to not answer for their actions. And if we must accept classification as a fact of governance, then we must be able to challenge the legitimacy of those classifications. Too often classified means embarrassing to the government.
Judicial Branch
The problem here is secrecy. The Judicial branch has an internal process where the worst case scenario for someone who does wrong is being brought in front of another court and being reprimanded. To be clear, having to be scolded for 5 minutes isn't punishment for an adult (typical punishment for judicial misconduct). At best it's a cover up. And the only reason a defendant can't wave their right to privacy and allow cameras in court is because the government is concerned that we could see how they treat us.
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Allow for a transparent process for individuals to make claims of misconduct, to be adjudicated timely. Prosecution for civil rights violations. The Judiciary is part of the government weather they like it or not, and are bound by the constitution.
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Make all policies preventing filming in court house illegal, allow a defendant to choose to have their trial filmed
Things wouldn't feel so dire right now if the problems were not so big. Our Government, under both parties, have blown past the Constitutional limitations given to them by We The People. But together we can fix this mess and Restore Our Rights!