Gonzales Vs. Cheney

by Patrick Appel

Alberto Gonzales is fine with Holder investigating CIA interrogators who when beyond what was outlined by the DOJ:

"As chief prosecutor of the United States, he should make the decision on his own, based on the facts, then inform the White House," said Mr. Gonzales, who was appointed to the post by President George W. Bush in 2005 and resigned in 2007. Mr. Gonzales also said Bush administration lawyers clearly defined what interrogation techniques were legal and the few who went beyond the rules should be investigated, despite the so-called chilling effect it might have on future intelligence-gathering.

Marcy Wheeler reacts:

Let's hear more from you on the importance of DOJ independence. Not because your words have any credibility. But because it suggests you might be willing to say more–much more–to defend yourself in the face of those who refused you a sinecure.

Maybe, but I'm not holding my breath. Gonzales's statement bolsters the argument that the Holder investigation will not look up the chain of command. Gonzales presumably understands how the DOJ functions and wouldn't be making such statements about the legitimacy of the investigation if he felt threatened by it.

Texas Justice and Psychology, Continued

by Jonah Lehrer

A few reader emails, in response to my post on the Cameron Todd Willingham case and the Just World Theory:

Beyond the horror of the Willingham case, I think it's important to note another side to this story. Texas Monthly recently ran a profile of Judge Sharon Keller, who is the presiding judge over the Texas Court of Criminal Appeals. The CCA hears final appeals for death penalty cases at the state level. Grann mentions Keller in his story and notes that she currently faces ethics charges for refusing to keep the court clerk's office open past 5pm to receive an appeal from another death row prisoner.

As the Texas Monthly profile reveals, Sharon Keller is a model of an individual who believes that the world is just and that all trials are fair. As an appellate judge, she almost always votes on the side of the state, even when there is clear and compelling evidence that a trial was unfair or that key evidence was ignored. She simply doesn't believe that the state ever gets these things wrong. The Roy Crimer case, in which DNA evidence proved a convicted rapist hadn't committed the crime, is the most egregious. It took a pardon from then-Governor Bush to right that wrong.

The sad fact is that because of Keller and others like her who have a strong predisposition to trust authority – even when the facts belie that authority's claims – there's little doubt that Cameron Todd Willingham isn't the only innocent man we've executed.

Another reader sent in this link, which is a letter to the editor in the Corsicana Daily Sun by one of the Willingham prosecutors.

Can Money Buy Happiness?, Ctd

by Patrick Appel

A reader writes:

One thing missing in the discussion is that money can buy us freedom from the things that weigh us down. I’ve been broke before and now I’m not (I’m not crazy rich by any means, but certainly affluent), and while I don’t deprive myself of the things I really want, I could consume much more conspicuously than I do. But I also know that if I never put another penny away my kids are going to go to good colleges. I know that I don’t have to worry about paying for health insurance, or putting food on the table, or having reliable transportation. When my roof leaks, I call someone to fix it, I pay it, and I think nothing of it.  When my mother (who has gone through some really tough times in recent years) needed a car, I bought it without financing.  I never spend a second worrying about my family’s needs.  I know that they’re provided for.  That’s remarkably liberating.  And it adds substantially to my happiness.

What Did Katie Roiphe Say That’s So Offensive?, Ctd

by Patrick Appel

Katie Roiphe responds to her critics:

Nowhere in the piece did I tell anyone else how to live. Nowhere did I suggest that my experience of the first days of motherhood was any better, richer, or more interesting than anyone else's. (To me, the addiction metaphor implies a derangement and desperation not entirely to be recommended.) Nowhere in the piece did I attack anyone for having a different viewpoint or experience. (Though frankly one does worry about the fragile commenter: If someone chooses to wear an orange dress are you hurt because of the implied critique of your yellow one?) Nowhere did I say that feminists hate babies. In fact, my own mother was a feminist, and I like to think she liked me.

Conor Friedersdorf and Hanna Rosin defended Roiphe last week.

Alcohol and Exercise

by Jonah Lehrer

A counterintuitive finding: people who regularly drink alcohol also exercise more. Obviously, there are plenty of confounding variables here – maybe drinkers exercise in order to burn off that six-pack of beer – but it's yet another piece of evidence suggesting that booze, at least when consumed in moderation, isn't a public health threat.

Using data from a government health survey of U.S. adults, researchers found that in general, the amount of time people devoted to exercise tended to inch up along with the number of alcoholic drinks they had each month.

Compared with abstainers, those considered heavy drinkers — at least 46 drinks in the past month for women, and 76 or more for men — exercised for an average of 20 minutes more per week. Meanwhile, moderate drinkers — which included women who had 15 to 45 drinks in a month, and men who had 30 to 75 — got 10 extra minutes of exercise each week.

Findings like this make me wonder why most states have a sin tax on alcohol – a drink that seems to protect the heart, prevent dementia, raise levels of good HDL cholesterol and makes us go jogging – but our politicians lack the courage to raise taxes on the empty calories of soda drinks, which are a driving force behind the obesity epidemic.

The Socialism Implicit in the Social Cost of Carbon

by Jim Manzi

Burning fossil fuels creates so-called “external costs” because it contributes to ongoing climate change.  This is a fancy way of saying that when I burn such fuels, other people become worse off than they would be otherwise, because I have increased the odds that they will suffer damages from anthropogenic global warming (AGW). This both seems unfair, and means that we will burn more fossil fuels than would seem to be socially optimal.  It seems obvious to many people that we should therefore tax fossil fuels in order to prevent this.  This is termed a Pigovian tax, and is sometimes referred to as “internalizing the externality”, or taxing fossil fuels to reflect the “social cost of carbon”.

It’s not so obvious to me that this is good idea.  To implement it would be little more than a re-labeling of the kind of comprehensive planning that Hayek attacked sixty years ago.  Here’s why.

Start with the point that we tax an activity, not a substance.  Let’s take the example of burning a gallon of gasoline by driving to work rather than riding your bike.  This action creates social cost in the form of AGW.  But it also creates other social costs, such as, for example, local air pollution, congestion, noise and increased risk of accidents for others.  Why would we privilege a unit of social cost created by AGW over that same unit of social cost created by any of these other effects?  If I die from cancer because I inhaled some of your fumes or I die from flooding because of increased global temperatures, I am in each case equally dead.  But it also creates social benefits.  You spend less time travelling, get to work earlier and produce more output that day; because you can not capture all of the social utility of your labor, this creates incremental social benefit.  You also have more time at home, and use this time with your kids to improve their educational outcomes, which creates social utility in later years.  And so on, ad infinitum. In order to set the tax, we don’t just need to know the costs created by AGW (which is a pretty tall order), but rather all of the social costs and benefits created by the activity, which is far harder.

And what is typically assumed is that we only need to know the marginal social costs of one more gallon of gasoline; but really if we are discussing a tax sufficient to change the structure of the world energy economy over many decades to head off AGW, then we need to know something a lot closer to the average social costs of a gallon of petroleum.  (Or more precisely, the marginal costs of very large changes).  You have to unwind a chain of causation that is all-but-infinite, by evaluating the economics of the counterfactual world that does not dig up and burn oil. Let’s see. What vehicles would we now use for transportation? Would we have a smaller fleet of larger vehicles like trains, or would we have a larger fleet of smaller vehicles like battery-powered golf carts? Would this lead to different patterns of residential dispersion that would lead to both changes in transportation fleet, but also changes in family structure that in turn created changes in ethical and religious beliefs? Would the US armed forces now be smaller because we would have less need to defend the Persian Gulf supply chain, resulting in lower taxes and different domestic politics? Would this lead to further economic and social changes? Would this also result in different international perceptions of the U.S. that would change international investment flows? Would it result in increased use of biofuels that would in turn change corn prices that would in turn lead to differing immigration patterns that would in turn lead to different political choices in the US that would in turn lead to higher levels of funding for K – 12 education that would in turn lead to a more effective U.S. labor force that would in turn lead to greater economic productivity? You get the idea.

This is why there is no tolerable alignment even among academic specialists about the total social cost of various fossil fuels.  A recent review of such analyses by European academics finds that the estimates for the external costs per kilowatt-hour of, for example, coal range from about .01 cents to $10. Think about this numerically. The cost of a kilowatt-hour that you would buy for your house is on the order of 10 cents, so incorporating the external costs would lead the price to rise to something between 10.01 cents and $10.10.  Even using only the middle 50% of the studies (remembering that this is not a 90% or 95% confidence interval, we are arbitrarily eliminating fully half of the estimates), this would lead to something like a 1 cent to 20 cent, or 10% to 200%, increase in the price of coal.

 And even this grossly oversimplifies the real question.  Just as there is no principled reason to privilege the social costs created by different effects of burning petroleum, there is no principled reason to privilege the social costs created by this activity as compared to any other activity.  Oil, coal, nuclear, windmills, solar power and all other alternative energy sources have social costs and benefits, and if I get cancer from water pollutants created in the production process for a solar cell, I’m just as dead as if I am killed by AGW-caused floods.  And it is not simply energy alternatives.  How do we justify placing a tax (or subsidy) on the use of various kinds of energy, while not doing it for making television ads, gardening tools and software, never mind watching television, gardening and doing Google searches? 

In order to achieve the “fairness and social optimality” that we started with when discussing the AGW effects of carbon, we are logically led to demanding that the government measure the social value of almost every economically significant action, and then set up incentives to manage the population so as to achieve social goals.  Because this is an impossible analytical task, in practice this means the purely political management of society based on relative power.  What is this but unadulterated socialism in a green dress?

Now the rejoinder to this is obvious:

Jim, this argument reminds me less of Hayek than it does of the scene in Animal House where Otter defends the frat in a judicial proceeding:

“Ladies and gentlemen, I’ll be brief. The issue here is not whether we broke a few rules, or took a few liberties with our female party guests – we did.”

“But you can’t hold a whole fraternity responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn’t we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn’t this an indictment of our educational institutions in general? I put it to you, Greg – isn’t this an indictment of our entire American society? Well, you can do whatever you want to us, but we’re not going to sit here and listen to you badmouth the United States of America.”

Your argument is ridiculous – we have to set taxes all the time with incomplete information.  Climate change is an obvious and severe problem that threatens the planet, and placing a tax on carbon is the most efficient way to address it.  Saying that we shouldn’t do this because we don’t also pay you 45 cents to help your daughter with her homework is obstructionist nonsense.

This would be entirely valid, except for the inconvenient facts.  According to the authoritative U.N. Intergovernmental Panel on Climate Change (IPCC), under a reasonable set of assumptions for global economic and population growth, the world should expect (Table SPM.3) to warm by about 2.8°C over the next century. Also according to the IPCC (page 17), a global increase in temperature of 4°C should cause the world to lose about 3 percent of its economic output. So if we do not take measures to ameliorate global warming, the world should expect to be about 3 percent poorer sometime in the 22nd century than it otherwise would be.  This doesn’t exactly comport with the rhetoric of imminent global devastation.

The British government has been very aggressive in implementing various policies, including taxes and analogous restrictions on burning fossil fuels with the stated purpose of ameliorating global climate change.  In 2001 the British Department of the Environment, Transport and the Regions attempted to measure the external costs of driving.  Recognizing the limitations that I’ve outlined above for any such analysis, here is a chart I’ve made of some of the results:

UK External Costs v3  

Climate change is estimated to have a smaller marginal externality than any one of: congestion, accidents, air pollution or noise.  It is less than 5% of total listed external costs created by driving.  By what logic would you argue that climate change should trump all of these concerns as the basis for a special tax?

Well, the argument might go, because of the risk.  Congestion might be irritating and costly, and air pollution might kill some people today, but neither credibly threatens the planet.

I’ll note that I’ve purposely provided the high-end case provided in the original report for all of these costs in order to emphasize this risk.  But in spite of this, there is a tail of extreme risk associated with climate change that is unique.  This has been the subject of intense scientific research for decades, and the IPCC has published probability distributions for various levels of projected warming over the next century (see Figure 10.28, page 808). There is no odds-adjusted case for typical scenarios for global economic and population growth over the next century (i.e., in which we handicap the odds of more and less severe possible impacts) which could justify such costs.

The only real argument for rapid, aggressive emissions abatement boils down to the point that you can’t prove a negative. If it turns out that even the outer edge of the probability distribution of our predictions for global-warming impacts is enormously conservative, and disaster looms if we don't change our ways radically and this instant, then we really should start shutting down power plants and confiscating cars tomorrow morning. We have no good evidence that such a disaster scenario is imminent, but nobody can conceivably prove it to be impossible. Once you get past the table-pounding, any rationale for rapid emissions abatement that confronts the facts in evidence is really a more or less sophisticated restatement of the precautionary principle: the somewhat grandiosely named idea that the downside possibilities are so bad that we should pay almost any price to avoid almost any chance of their occurrence.

But if you want to use this rationale to justify large economic costs, what non-arbitrary stopping condition will you choose for how much we should limit emissions? Assume for the moment that we could have a perfectly implemented global carbon tax. If we introduced a tax high enough to keep atmospheric carbon concentration to no more than 1.5x its current level (assuming we could get the whole world to go along), we would expect to spend about $17 trillion more than the benefits that we would achieve in the expected case. That’s a heck of an insurance premium for an event so low-probability that it is literally outside of a probability distribution. Of course, I can find scientists who say that level of atmospheric carbon dioxide is too dangerous. Al Gore has a more aggressive proposal that if implemented through an optimal carbon tax (again, assuming we can get the whole word to go along) would cost more like $23 trillion in excess of benefits in the expected case. Of course, this wouldn't eliminate all uncertainty, and I can find scientists who say we need to reduce emissions even faster. Once we leave the world of odds and handicapping and enter the world of the precautionary principle, there is really no principled stopping point. We would be chasing an endlessly receding horizon of zero risk. 

We are left, then, wandering in exactly the wilderness of mirrors that I described earlier.  There is no analytical basis on which we can really “put a price on carbon”.  It becomes pure power politics.  This isn’t just theory.  Consider seriously the evidence of what really happened in the Waxman-Markey debate.  That wasn’t random.  Even more, consider how such taxes have really been set in the UK.  Matthew Sinclair has a recent paper in the journal Energy & Environment in which he compares the total green taxes paid by Britons to the estimates of external AGW costs created by them according to various well-known and authoritative sources such as the IPCC, Nordhaus, Tol and DEFRA.  Take the example of driving.  According to this paper, Britons currently pay motoring taxes (net of road construction and maintenance) that are somewhere between 5 and 50 times the AGW externalities that they impose.  The paper argues that massively excess green taxes are paid economy-wide.

I yield to few men in my admiration for Hayek and his ideas.  His prediction that the welfare state would lead to serfdom, however, has (thus far) not been correct.  I don’t think that a carbon tax will be the one event that will push the free world into socialist slavery.  But it does seem clear that the same dynamics he described decades ago have re-emerged, simply with a different theoretical justification.  The same problems with planning that he highlighted will also be present now.

Taxing carbon to reflect its social costs seems like a common sense idea.  Unfortunately, it simply provides another excuse to politicians to raise taxes and exert more power over us.

What Richard Cohen Omits

by Andrew

He writes a column on torture that makes wringing one's hands look decisive. He tells us he has an abhorrence of torture and yet describes the torture of Khaled Sheikh Mohammed as merely a "quite brutal interrogation." See the sleight of hand? The minute you use the English language in defense of torture, you  disgust yourself. Language matters, as Orwell understood. It is the first thing to be dispensed with in the defense of the indefensible. And so Richard Cohen found himself unable to write the sentence:

No one can possibly believe that America is now safer because of the new restrictions on torture and the subsequent appointment of a special prosecutor into war crimes.

Actually, I can. I think the intelligence we now get will be much more reliable; I believe that torture recruited thousands of Jihadists; I believe holding torturers accountable will help restore our alliances and give moral integrity back to the war on terror; I believe that without torture, we may actually be able to bring terrorists to justice; and that restoring America's moral standing will make the war of ideas against Jihadism more winnable and therefore the West less vulnerable than it is now.

Cohen is right that this should not be a partisan matter, as Cheney has so shrewdly made it, turning the Republicans into the party of torture, and prepping to blame Obama for the next terror attack, which is inevitable. But he is wrong that torture is complicated. It isn't. It was never complicated before Bush and Cheney instituted it. It was once an exceptional, once-in-a-lifetime, ticking bomb extra-legal necessity. Now it is legitimate according to Charles Krauthammer, the chief intellectual architect of the torture regime, if it saves merely one life.

We also know that even if you believe that torture worked in prying some good information and much bad information out of KSM, the threats were not in any way imminent, they certainly never made it to the WMD threshhold, and were only in the planning stages and KSM believed they would be foiled by new security procedures. So why did we torture him?

One more point that Cohen simply ignores. Torture is illegal. It is a war crime. You cannot get to the point of debating its pros and cons until you have changed the law, removed the US from Geneva and the UN Convention on Torture and placed the US legally on the same ground as the enemy. That's the only legal way to do it – by repealing the laws against it. But the laws were not repealed; they were secretly broken; and those who broke the law, the former president and vice-president chief among them, are above the law in Washington.

That's all; and that's everything, isn't it?

There Is No Sanctuary!

by Julian Sanchez

One thing I find puzzling about the Michael Steele ad Patrick links below is that we've apparently decided "rationing care by age" is some kind of ghoulish form of discrimination. But it seems like an inevitable side effect of applying any sort of cost-benefit analysis to treatments covered. The benefit of any particular medical procedure will be either some finite number of additional years of life, or some improvement in quality of life over some finite number of years. (Bioethicists talk about "QALYs" or "Quality Adjusted Life Years.") And life expectancy creates an upper bound on that expected benefit for even the most successful treatments.

You don't need to explicitly ration by age—there need not be some one-size-fits all limit past which this or that treatment won't be provided—but if you take life expectancy into account at all when calculating when benefit a treatment confers, that's what you'll effectively end up doing. We seem to be OK with taking into account whether advanced age means a treatment is less likely to provide its intended benefit, or that the benefit will be qualitatively smaller. Is it somehow more unfair to factor in the expected quantity? I suspect the true basis for resistance to the idea is simply that we don't like to be reminded that, even with the best doctor, none of us actually get to live forever.