Federal Judiciary

Obama's Thuggery Is Useless in Fighting Spill -- By: Michael Barone

Thuggery is unattractive, ineffective thuggery even more so. Which may be one reason so many Americans have been reacting negatively to the response of Pres. Barack Obama and his administration to BP?s gulf oil spill.

Take Interior Secretary Ken Salazar?s remark that he would keep his ?boot on the neck? of BP, which brings to mind George Orwell?s definition of totalitarianism as ?a boot stamping on a human face -- forever.? Except that Salazar?s boot hasn?t gotten much in the way of results yet.

Or consider Obama?s undoubtedly carefully considered statement to Matt Lauer that he was consulting with experts ?so I know whose ass to kick.? Attacking others is a standard campaign tactic when you?re in political trouble, and certainly BP, which appears to have taken unwise shortcuts in the gulf, is an attractive target. But you don?t always win arguments that way: The Obama White House gleefully took on Dick Cheney on the issue of terrorist interrogations, but turned out that more Americans agreed with Cheney?s stand, despite his low poll numbers, than Obama?s.

Then there is Obama?s decision to impose a six-month moratorium on deepwater oil drilling in the gulf. This penalizes companies with better safety records than BP?s and will result in many advanced drilling rigs being sent to offshore oil fields abroad.

The justification offered was an Interior Department report supposedly ?peer reviewed? by ?experts identified by the National Academy of Engineering.? But it turns out the drafts the experts saw didn?t include any recommendation for a moratorium. Eight of the cited experts have said they oppose the moratorium as more economically devastating than the oil spill and counterproductive to safety.

This was blatant dishonesty by the administration, on an Orwellian scale. And it?s dishonesty in defense of a policy that has all the earmarks of mindless panic, that penalizes firms and individuals guilty of no wrongdoing, and that will worsen rather than improve our energy situation. Ineffective thuggery.

And what about the decision not to waive the Jones Act, which bars foreign-flag vessels from coming to the aid of the gulf cleanup effort? The Bush administration promptly waived it after Katrina in 2005. The Obama administration hasn?t and claims unconvincingly that, gee, there aren?t really any foreign vessels that could help. The more plausible explanation is that this refusal is a sop to the maritime unions, part of the labor movement that gave Obama and other Democrats $400 million in the 2008 campaign cycle. It?s the Chicago way: Dance with the girl that brung ya.

Or the decision to deny Louisiana governor Bobby Jindal?s proposal to deploy barges to skim oil from the gulf?s surface. Can?t do that until we see if they?ve got enough life preservers and fire equipment on board. That inspired blogger Rand Simberg to write a post he dated June 1, 1940: ?The evacuation of British and French troops from the besieged French city of Dunkirk was halted today, over concerns that many of the private vessels that had been deployed for the task were unsafe for troop transport.?

Finally, there?s the $20 billion escrow fund that Obama pried out of the BP treasury at the White House when he talked for the first time, 57 days after the rig exploded, with BP chairman Tony Hayward. It?s pleasing to think that those injured by BP will be paid off speedily, but House Republican Joe Barton had a point, though an impolitic one, when he called this a ?shakedown.?

There already are laws in place to ensure that BP will be held responsible for damages, and the company has said it will comply. So what we have is government transferring property from one party, an admittedly unattractive one, to others, not based on preexisting laws but on decisions by one man, pay czar Kenneth Feinberg.

Feinberg gets good reviews from everyone. But the Constitution does not command ?no person #...#shall#...#be deprived of life, liberty, or property, without due process of law -- except by the decision of a person as wise and capable as Kenneth Feinberg.? The Framers stopped at ?due process of law.?

Obama doesn?t. ?If he sees any impropriety in politicians ordering executives about, upstaging the courts and threatening confiscation, he has not said so,? write the editors of The Economist, who then suggest that markets see Obama as ?an American version of Vladimir Putin.? Except that Putin is an effective thug.

? Michael Barone is senior political analyst for the Washington Examiner. © 2010 the Washington Examiner. Distributed by Creators.com.

Full post as published by Bench Memos - National Review Online on June 21, 2010 (boomark / email).