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When Hillary Clinton delivered a campaign post-mortem to her major supporters in a telephone conference call late last week, she blamed her loss in the presidential election on FBI Director James Comey. She should have blamed the loss on herself. Her refusal to safeguard state secrets while she was secretary of state and her failure to grasp the nationwide resentment toward government by the forgotten folks in the middle class were far likelier the cause of her defeat than was Comey.

Yet it is obvious that law enforcement-based decisions in the past four months were made with an eye on Election Day, and the officials who made them evaded the rule of law.

Here is the back story.

The statutory obligation of the FBI is to gather evidence to aid in the prosecution or prevention of federal crimes or breaches of national security. The process of complying with this obligation necessarily involves making some legal judgments about the relevance, probity and even lawfulness of the gathered evidence. These judgments are sometimes made on the streets in an emergency and sometimes made after consultation and consensus. But the whole purpose of this evidence-gathering and decision-making is to present a package to the Department of Justice, for which the FBI works, for its determination about whether or not to seek a prosecution.

In cases in which subpoenas are needed, the FBI must work in tandem with the DOJ because subpoenas in criminal cases can be issued only by grand juries and only DOJ lawyers can ask grand juries to issue them. Usually, the FBI and the DOJ work together to present what they have to a grand jury in order to build a case for indictment or to induce a grand jury to issue subpoenas and help them gather more evidence.

Federal judges become involved when search warrants or arrest warrants are needed. These are often emergent situations, as the evidence to be seized or the person to be arrested might be gone if not pursued in short order. They require the presentation of evidence to a judge quickly and in secret. It is the judge’s role to decide whether the DOJ/FBI team has met the constitutional threshold of probable cause. Probable cause is met when the prosecutorial team shows the judge that the evidence the team seeks from the execution of the warrant more likely than not will implicate someone in criminal behavior.

Having issued many search and arrest warrants myself, I know that judges need to be curious and skeptical. After all, only one side is appearing before the judge, and the whole appearance is often quick, unorthodox and in secret. A healthy curiosity and skepticism will cause a prudent jurist to ask whether the grand jury really needs what the search warrant seeks. If the reply is that there is no grand jury, most judges will terminate the application and conclude that it is a fishing expedition — or going “sideways,” as law enforcement says — not a serious criminal investigation worthy of judicial involvement.

All of this is commanded by law to be kept secret so as to preserve evidence, avoid tipping off a potential defendant capable of flight and preserve the reputation of a person not indicted.

That is at least the way these things are supposed to work. Yet none of this happened in the recently reopened and re-terminated investigation of the misuse of emails containing state secrets by Clinton.

In that investigation, the DOJ did not present evidence to a grand jury. Thus, it did not obtain any subpoenas. And it did not seek any search warrants. It cut deals left and right, promising not to prosecute those from whom it sought problematic evidence. After accumulating a mountain of evidence of Clinton’s guilt, the FBI did not present it to the DOJ.

Rather, Director Comey held a news conference on July 5, at which he declared that he and his colleagues in the FBI — not the DOJ — had concluded that “no reasonable prosecutor” would take the case; so Clinton would not be prosecuted. He then proceeded to outline in detail the gathered evidence against Clinton.

He endured a firestorm of criticism for his public presentation of the gravity of the evidence in the case and his unilateral determination of no prosecution. The firestorm was generated largely by his own FBI agents who had become convinced of Clinton’s guilt of the failure to safeguard state secrets (espionage), as well as their collective belief that someone somewhere had told Comey what to do.

Then, just 11 days before the 2016 presidential election, Comey saw a chance to redeem himself with his critics. He unlawfully announced the unexpected discovery of a treasure-trove of 650,000 emails that he and his team had not then examined but that they thought might affect the decision not to prosecute. This caused a second firestorm, in which this writer and others accused Comey of profound violations of federal law, not the least of which was an assault on Clinton’s right to due process.

Knowing this announcement — not the resumption of the investigation but the announcement of it — was unlawful, Attorney General Loretta Lynch did nothing to prevent it.

Clinton began to sink in the polls. Her Republican opponent, Donald Trump, now the president-elect, began to gloat and celebrate. Then, two days before the election, Comey announced that the FBI had reviewed all 650,000 recently discovered emails in a week and concluded that none of them affected the decision not to prosecute Clinton. Shortly thereafter, a DOJ official announced that the email investigation was closed — for a second time.

What have we here?

We have the gross mismanagement of the nation’s premier law enforcement agency. We have a DOJ uninterested in the truth and willing to shield a target of a criminal investigation for political reasons. We have the improper and unlawful revelation of matters the law quite properly commands be kept secret.

We have the dangerous injection of the FBI into elective politics, which can do ruinous harm to the rule of law.

And we had a candidate who should blame only herself for the whole controversy.

Rather than blaming her loss in the

Islamic militants belong to Boko Haram in Nigeria. (Photo: AP)

Islamic militants belong to Boko Haram in Nigeria. (Photo: AP)

As many as 75,000 children could die from starvation in a “few months” after the Islamic militant group Boko Haram ravaged a Nigerian province. According to a U.N. official, the threat of famine in the northeastern Borno state proceeds a conflict that left 20,000 people dead and 2.6 million displaced.

President Muhammadu Buhari and the Nigerian military cleared the Islamic militant group from the region, but the insurgency left the province in tatters.

“Our assessment is that 14 million people are identified as in need of humanitarian assistance,” U.N. humanitarian coordinator Peter Lundberg said. That number includes 400,000 children in critical need of assistance, and 75,000 who could die “in [a] few months ahead of us.”

Mr. Lundberg said the crisis was approaching the province at “high speed,” leaving the U.N. attempting to reach half of the 14 million people. That’s a population larger than that of the entire nation of Belgium. He also said the U.N. just does not have the resources to deal with the crisis and is now calling on international partners, while the Nigerian government has agreed to make an effort to reach the rest.

“We need to reach out to the private sector, to the philanthropists in Nigeria,” Lundberg said. “We will ask international partners to step in because we can only solve this situation if we actually join hands.”

As many as 75,000 children could die

Republican presidential candidate and New York businessman Donald J. Trump.

Republican presidential candidate and New York businessman Donald J. Trump.

When pundits, political scientists and election-watchers look back at presidential elections, there’s always a line or two that stand out as significant to the outcome. While elections aren’t won by soundbites alone, here are the two statements we believe exemplify why Donald J. Trump won the presidency against all odds.

I Am Your Voice

When delivering his acceptance speech for the nomination to the Republican National Convention in Cleveland, Ohio in July, the New York businessman solidified his image as a blue collar billionaire by uttering four words.

“I am your voice,” he said after turning directly toward the camera, speaking to the millions of Americans watching at home. This election wasn’t a “white lashing” as the radical leftwing commentator Van Jones outrageously claimed on CNN on election night. What the former top Obama advisor still doesn’t seem to understand is millions of working class Americans–including all races and genders–felt forgotten and left behind.

That’s because they were, and Donald Trump knew they had been “ignored, neglected and abandoned.”

“Every day I wake up determined to deliver for the people I have met all across this nation that have been ignored, neglected and abandoned. … These are people who work hard but no longer have a voice,” Mr. Trump said. “I am your voice.”

Ultimately, working class men and women in the Rust Belt believed they could count on Mr. Trump, a self-made man who could not be bought, to be their voice. They wanted change and a voice against the forces of globalization and globalists ramming through trade deals that benefited big donors and decimated their neighborhoods.

And they put him over the top.

President-Elect Trump won more than 70 percent of the two-party working class vote, smashing the record set by President Ronald Reagan in 1984.

“I really don’t think we can understate how incredible of an accomplishment it was for Donald Trump to basically run the table in the Rust Belt,” said PPD’s senior analyst and polling head Rich Baris. “In Wisconsin, Michigan and Pennsylvania working class voters who supported Barack Obama twice supported Mr. Trump. That’s not an easy feat.”

Drain the Swamp

In Gettysburg in late October, Mr. Trump revealed his “Contract with the America Voter,” a plan vowing to “drain the swamp” of corruption in Washington, D.C. A review of the bold proposal by People’s Pundit Daily concluded, if Mr. Trump was elected and enacted the provisions, it would greatly reduce corruption and special interest influence.

But a review of the responses to the PPD U.S. Presidential Election Daily Tracking Poll in the days to follow showed 1) Republican voters rallied behind their guy and 2) independents moved toward the Republican presidential candidate and never moved back.

While elections aren't won by soundbites alone,

Vice President-elect Mike Pence meets with lawmakers as he heads up the transition team.

Vice President-elect Mike Pence meets with lawmakers as he heads up the transition team.

President-Elect Donald J. Trump promised to drain the swamp of power-brokers in Washington D.C., but apparently had to start with those who were trying to make their way into his administration. Vice President-Elect Mike Pence on Tuesday ordered the removal of all lobbyists from the Trump transition team, one of his first decisions since formally taking over the lead role.

New Jersey Gov. Chris Christie, who was replaced by Mr. Pence as the head of the transition team last week, was apparently behind the the hiring of lobbyists and loyalists.

The move comes as Michigan Rep. Mike Rogers, who previously headed up the national security wing, was also ousted along with senior defense and foreign policy official Matthew Freedman.

Rogers, who had questions surrounding him related to a Benghazi report criticized by Rep. Trey Gowdy, was told that all team members picked by Gov. Christie were being replaced. Rep. Gowdy, R-S.C., the chairman of the House Select Committee on Benghazi, had been critical of Rep. Rogers for signing off on a report he believed was not the result of a thorough investigation.

With talk of “growing pains” by Rogers on CNN, President-Elect Trump took to Twitter late Tuesday.

Trump’s team is tasked with finding and hiring 4,000 political appointees to fill out the federal government.

Vice President-Elect Mike Pence ordered the removal

betting-odds-dice

I was so dumb last week.

I wrote my column Tuesday — before election results were in. I assumed Hillary Clinton would be president-elect.

I looked so stupid.

On Facebook, commenters pounced: You owe Trump an apology! I’m sorry for the lies you continued about him! You were never fair! You’re nothing but another left-wing mouthpiece. You’re a washed up, anti-American gutless TV host!

I was wrong because I trusted the bettors.

That’s usually not dumb. The best predictor of things has been betting markets. They are more accurate because they reflect the wisdom of crowds. Crowds can be an ignorant mob, but crowds do have wisdom. Know the TV show “Who Wants To Be A Millionaire”?

When contestants are stumped, they may ask the audience for help or an expert. The experts are often brilliant specialists. The audience — well, they are the kind of people who wait in line in the rain to watch a game show. Still, the audience gets the answer right 91 percent of the time, the experts succeed just 65 percent of the time.

With betting markets, the crowd is made up of people willing to put their money where their mouths are. That makes them extra careful.

Most of these “prediction markets” are based overseas because, useful as they are, American law calls them “illegal gambling.”

So producer Maxim Lott and I converted European betting into an easy to understand website, Electionbettingodds.com, and I’ve come to trust it. Again and again, betting is more accurate than pundits and polls — until this election.

I’m not the only one who got it wrong. The Huffington Post’s statistical model gave Clinton a 98 percent chance of winning. The prestigious Princeton Election Consortium gave Clinton a 99 percent chance.

People just lie to pollsters when they think the pollster will sneer at them if they say they’re voting for someone smugly described as racist and sexist.

This was the second time this year that betting markets were wrong. Most bettors thought Brexit would never happen — people in Britain would vote to stay in the European Union. Again, British voters lied to pollsters because they were embarrassed to admit they would vote for Brexit after months of the elite telling them they were xenophobes and racists if they wanted a change.

Relying on the betting markets, I also wrote that it was sad that freedom-loving senators like Wisconsin’s Ron Johnson lost to command-and-control bureaucrats like Russ Feingold.

Oops, wrong again.

But the prediction markets are right most of the time.

Consider what happened early in this year’s Republican primary. Ben Carson surged to first place in polls, but the bettors knew better. They never gave him more than a 9 percent chance. In 2012, when Rick Perry, Newt Gingrich and then Herman Cain surged to first place in polls, prediction markets correctly said Mitt Romney will win. In 2008, bettors correctly predicted results in every state but two. In 2012, it was every state but one.

The markets even predicted when Saddam Hussein would be captured. Right before his hideout was found, the odds on that date tripled in price. Somehow, people with skin in the game pay more attention and intuit the right outcome.

Even last week, when bettors were wrong, the betting odds still adjusted faster than pundits on TV did. The bettors saw what was happening and quickly hedged their bets, while many in the media — mostly Clinton supporters — still clung to their failed expectations.

My failure won’t make me abandon prediction markets and go back to trusting pundits or opinion polls — or internet commenters who had fun trashing me:

“Dewey beats Truman … oh wait.”

“I can’t laugh enough at this article.”

“I liked Stossel … but he is as clueless as the liberal media.”

I sure was! But I will still trust prediction markets over everything else.

There is wisdom in crowds, especially crowds that put their own money on the line.

Stossel: I was so dumb last week.

U.S. President-elect Donald Trump is seen speaking on a television on the floor of the New York Stock Exchange (NYSE) in New York, U.S., on Wednesday, Nov. 9, 2016. U.S. stocks fluctuated in volatile trading in the aftermath of Trump's surprise presidential election win, as speculation the Republican will pursue business-friendly policies offset some of the broader uncertainty surrounding his ascent. Photographer: Michael Nagle/Bloomberg

U.S. President-elect Donald Trump is seen speaking on a television on the floor of the New York Stock Exchange (NYSE) in New York, U.S., on Wednesday, Nov. 9, 2016. U.S. stocks fluctuated in volatile trading in the aftermath of Trump’s surprise presidential election win, as speculation the Republican will pursue business-friendly policies offset some of the broader uncertainty surrounding his ascent. Photographer: Michael Nagle/Bloomberg

During the election, Donald Trump promised a big package of infrastructure spending, twice as much new spending as Hillary Clinton was proposing.

During his victory speech the night of the election, he doubled down on this approach, promising that more infrastructure spending would be one his first priorities.

This sounds like bad news for advocates of limited government. And it may turn out to be bad news. Though if you look at what the Trump campaign actually proposed, there’s a lot of wiggle room.

I will work with Congress to introduce the following broader legislative measures and fight for their passage within the first 100 days of my Administration: …American Energy & Infrastructure Act. Leverages public-private partnerships, and private investments through tax incentives, to spur $1 trillion in infrastructure investment over 10 years. It is revenue neutral.

In other words, it’s possible that President-Elect Trump might give us an Obama-style stimulus scheme. Or he may take a radically different approach by removing roadblocks that hinder more private-sector involvement.

And my colleague Chris Edwards points out that the private sector already does most of the heavy lifting when it comes to infrastructure spending.

Hillary Clinton says that “we are dramatically underinvesting” in infrastructure and she promises a large increase in federal spending. Donald Trump is promising to spend twice as much as Clinton. …But more federal spending is the wrong way to go.  …let’s look at some data. There is no hard definition of “infrastructure,” but one broad measure is gross fixed investment in the BEA national accounts. …The first thing to note is that private investment at about $3 trillion was six times larger than combined federal, state, and local government nondefense investment of $472 billion. Private investment in pipelines, broadband, refineries, factories, cell towers, and other items greatly exceeds government investment in schools, highways, prisons, and the like. …if policymakers want to boost infrastructure spending, they should reduce barriers to private investment.

This is very helpful and interesting data. And one of the obvious conclusions is that the types of infrastructure that historically are the responsibility of the private sector (pipelines, cell towers, etc) are handled much more efficiently than those (highways, mass transit, etc) that have been monopolized by governments.

Trump presumably intends his infrastructure plan to focus on the latter type of infrastructure, so let’s consider three simple rules to help guide an effective approach for transportation.

1. More private-sector involvement

A key principle for good infrastructure policy is to harness the efficiency of the private sector.

Why? Because, as Lawrence McQuillan of the Independent Institute argues, governments naturally are inefficient and incompetent at building and managing infrastructure.

Government authorities view maintenance solely as a cost, rather than as an investment that can increase future revenues. As a result, roads remain riddled with potholes, bridges crumble, airports are overcrowded, water is contaminated, and we have classrooms with mold and falling ceilings. Moreover, without a profit motive, repairs are seldom done in a timely manner or at lowest cost. Instead of assets being owned and controlled by people who understand the economics of the industry and have the technical knowledge to operate and repair them efficiently, politicians (the majority of whom appear to be lawyers these days) and bureaucrats control them. This guarantees waste, inefficiency and cronyism, such as the greenlighting of white-elephant projects that are driven by politics rather than economics.

But there is some good news.

Chris Edwards explains that the private sector is taking a larger role.

Before the 20th century, for example, more than 2,000 turnpike companies in America built more than 10,000 miles of toll roads. And up until the mid-20th century, most urban rail and bus services were private. With respect to railroads, the federal government subsidized some of the railroads to the West, but most U.S. rail mileage in the 19th century was in the East, and it was generally unsubsidized. The takeover of private infrastructure by governments here and abroad in the 20th century caused many problems. Fortunately, most governments have reversed course in recent decades and started to hand back infrastructure to the private sector. …Short of full privatization, many countries have partly privatized portions of their infrastructure through public-private partnerships (“PPPs” or “P3s”). PPPs differ from traditional government contracting by shifting various elements of financing, management, maintenance, operations, and project risks to the private sector. …Unfortunately, the United States “has lagged behind Australia and Europe in privatization of infrastructure such as roads, bridges and tunnels,” notes the OECD. More than one fifth of infrastructure spending in Britain and Portugal is now through the PPP process, so this has become a normal way of doing business in some countries. Canada is also a leader in using PPP for major infrastructure projects.

2. Less involvement from Washington

To the extent that government must be involved, another important principle is to let state and local governments handle infrastructure.

That’s what I argued back in 2014.

…the Department of Transportation should be dismantled for the simple reason that we’ll get better roads at lower cost with the federalist approach of returning responsibility to state and local governments. …Washington involvement is a recipe for pork and corruption. Lawmakers in Congress – including Republicans – get on the Transportation Committees precisely because they can buy votes and raise campaign cash by diverting taxpayer money to friends and cronies. …the federal budget is mostly a scam where endless streams of money are shifted back and forth in leaky buckets. This scam is great for insiders and bad news for taxpayers. Washington involvement necessarily means another layer of costly bureaucracy. And this is not a trivial issues since the Department of Transportation is infamous for overpaid bureaucrats.

For a more detailed explanation, Professor Edward Glaeser of Harvard has some devastating analysis in an article for City Journal.

The most pressing problem with federal infrastructure spending is that it is hard to keep it from going to the wrong places. We seem to have spent more in the places that already had short commutes and less in the places with the most need. Federal transportation spending follows highway-apportionment formulas that have long favored places with lots of land but not so many people. …Low-density areas are remarkably well-endowed with senators per capita, of course, and they unsurprisingly get a disproportionate share of spending from any nationwide program. Redirecting tax dollars across jurisdictions is rarely fair—and it isn’t right, either, that poorer, lower-density regions should subsidize New York’s subway and airports. Washington’s involvement also distorts infrastructure planning by favoring pet projects. The Recovery Act set aside $8 billion for high-speed rail, for instance, despite the fact that such projects would never be appropriate for most of moderate-density America. California was lured down the high-speed hole with Washington support… Detroit’s infamous People Mover Monorail would never have been built without federal aid. Alaska’s $400 million Gravina Island bridge to nowhere was a particularly notorious example of how Congress abuses transportation investment. As the Office of Management and Budget noted, during the Bush years, highway funding was “not based on need or performance and has been heavily earmarked.”

3. Sensible cost-benefit analysis

Our third principle is that infrastructure should only be built if it makes sense. In other words, do the benefits exceed the costs?

In the private sector, the profit motive automatically generates that type of calculation.

With government, that effort becomes much more challenging.

Professor Michael Boskin at Stanford explains the problem in a column for the Wall Street Journal.

…a huge pot of additional money earmarked for infrastructure, on top of the recently passed $305 billion five-year highway bill, is sure to unleash a mad scramble in Congress to secure funds for the home turf. The logrolling and pork will get ugly without far tighter cost-benefit tests and oversight. …Most federal infrastructure spending is done by sending funds to state and local governments. For highway programs, the ratio is usually 80% federal, 20% state and local. But that means every local district has an incentive to press the federal authorities to fund projects with poor national returns. We all remember Alaska’s infamous “bridge to nowhere.” In other words, if a local government is putting up only 20% of the funds, it needs the benefits to its own citizens to be only 21% of the total national cost. Yet every state and every locality has potential infrastructure needs that it would like the rest of the country to pay for. That leads to the misallocation of federal funds and infrastructure projects that benefit the few at the cost of the many. …taxpayers generally don’t notice all the fiscal cross-hauling, sending their money to Washington to be sent back in leaky buckets to local jurisdictions. Since we all reside in a state and locality, it’s an inefficient negative sum game with complex cross-subsidies. If these local projects are so good, why aren’t citizens willing to finance the projects locally?

And don’t forget government infrastructure always is more expensive – sometimes far more expensive – than politicians first promise. Chris Edwards has the details.

Federal infrastructure projects often suffer from large cost overruns. Highway projects, energy projects, airport projects, and air traffic control projects have ended up costing far more than promised. When both federal and state governments are involved in infrastructure, it reduces accountability. That was one of the problems with the federally backed Big Dig highway project in Boston, which exploded in cost to five times the original estimate. U.S. and foreign studies have found that privately financed infrastructure projects are less likely to have cost overruns.

The challenge, of course, is getting governments to produce honest cost-benefit analysis. Bureaucrats respond to the people who control their jobs and control their pay. So if politicians want to squander more money, it’s quite likely that bureaucrats will concoct the numbers needed to justify the expansion of government.

To cite a high-profile example, I caught the IMF making up numbers to justify infrastructure boondoggles, even though that politically driven analysis contradicted the work of the bureaucracy’s professional economists.

Let’s finish with two additional points.

First, advocates of more infrastructure spending act like there’s some national crisis.

But if this is true, why does the United States get relatively high scores from the World Economic Forum?

Second, let’s consider the example of Japan. That nation has been stuck in a multi-decade period of stagnation, with very little expectation of an economic turnaround. But if infrastructure spending was some sort of elixir, that economy should be booming.

…a look at ailing Japan, which has spent over $6.3 trillion since 1981 on truly impressive bridges and bullet trains, suggests infrastructure isn’t always a cure for economic woes.

The bottom line is that Donald Trump should not follow the business-as-usual approach of simply dumping more money into a system that almost always produces poor results.

P.S. Whoever does the “Redpanels” cartoons is very clever. I’ve already shared ones on the minimum wage, universal basic income, and Keynesian economics. Now, here’s one on federal infrastructure.

 

During the election, Donald Trump promised a

Republican vice presidential nominee Mike Pence (L-R), Representative Kevin McCarthy (R-CA) and U.S. House Speaker Paul Ryan (R-WI) laugh when a reporter Ryan called on began to ask Pence a question about his criticism of Donald Trump, during a joint news conference. (PHOTO: REUTERS)

Republican vice presidential nominee Mike Pence (L-R), Representative Kevin McCarthy (R-CA) and U.S. House Speaker Paul Ryan (R-WI) laugh when a reporter Ryan called on began to ask Pence a question about his criticism of Donald Trump, during a joint news conference. (PHOTO: REUTERS)

House Republicans nominated Speaker Paul Ryan, R-Wis., for a second term with the gavel as Democrats fell into disarray delaying a vote on Minority Leader Nancy Pelosi , D-Calif., who was thought to be certain before the election. It is a stunning turn of events considering a few short weeks ago it was Speaker Ryan who was believed to be in jeopardy and the party fraying.

But with the defeat of Hillary R. Clinton by President-Elect Donald J. Trump the situation reversed and opposition to Speaker Ryan was replaced with excitement and optimism moving into the new session.

“It’s going to be a new dawn in America,” Speaker Ryan said at a press conference Tuesday. “We are so eager to get together with our new President-elect to fix America’s problems.”

Majority Leader Kevin McCarthy, R-Calif.; House GOP Whip Steve Scalise, R-La.; and Chair of the Republican Conference Cathy McMorris Rodgers, R-Wash., all ran unopposed and were ultimately unanimously reelected.

Rep. Brendan Boyle, D-Pa., insisted the decision to delay the vote on Leader Pelosi was simply to take extra time to “talk about where we go as a party.”

“We need to decide where we want to fight President-elect Trump and where we want to compromise,” Rep. Boyle said. The congressman’s home state last week voted for a Mr. Trump, marking the first time a Republican presidential nominee carried the state since 1988.

Rep. G.K. Butterfield, D-N.C., the chairman of the Congressional Black Caucus, was a bit more forthcoming about the decision. He said the delay was agreed upon “after considerable discussion” and was the result of Democrats getting a “shellacking” at the ballot box. Mr. Butterfield said members need to “recalibrate.”

Meanwhile, Leader Pelosi, a prolific fundraiser who promised members they would retake the House of Representatives, just attended the first of a 3-day meeting with Nazi sympathizer and billionaire socialist George Soros at the Mandarin Oriental hotel in D.C. Sen. Elizabeth Warren, D-Mass., and Rep. Keith Ellison, D-Minn., were also in attendance to discuss strategy to oppose President-Elect Trump during his first 100 days.

But more rank-and-file members are saying that should be considered the agenda of the Democratic Party and that it is time for a new direction. They argue under her leadership the party lost touch with the working-class electorate that voted for President Barack Obama but broke for the Republican last week.

“It’s not a delay,” Leader Pelosi insisted Tuesday as she was berated by reporters on Capitol Hill.

House Republicans nominated Speaker Paul Ryan for

Donald Trump greets Nigel Farage during a campaign rally in Mississippi. (Photo: Getty)
Donald Trump greets Nigel Farage during a campaign rally in Mississippi. (Photo: Getty)

I’ve been waiting for the chorus of pundits who were wrong to be finished telling us why the polls they believed were also wrong. As I’ve been forced to say before and will say more forcefully in the future, most of these “pundits” are nothing more than glorified poll-readers. As a result, they too were embarrassed on Election Day because the polls they deemed to be the industry “Gold Standard” were the only ones they paid any mind.

They are basically know-nothings posing as statisticians who based their predictions on inaccurate assumptions derived from flawed data, which were derived from inaccurate assumptions made by other flawed statisticians.

I know, it’s enough to make your head spin.

The polls in 2016 were wrong for a reason. In fact, there are several reasons for the industry-wide failure and, thus far, I have heard nothing to convince me they intend to change anything to fix it. The excuse-making in the wake of this monumental disaster greatly disturbs me because the industry not only gauges public opinion but can also shape it.

I’d expect ethical people to truly want to get to the bottom of the problem.

Sean Trende, the analyst at RealClearPolitics.com, tried to make the case that polling in 2016 was more accurate than 2012. He attributed the miss to sampling errors and argued the results were basically within the margin of error in most cases. Nate Silver, the oft-cited “statistician” and election forecaster who has now blown three straight election cycles himself, basically blamed the failure on media complacency.

Let me just flat out call this what it is: nonsense. There was plenty of evidence to suggest pollsters were, at best, wildly inaccurate and, at worst, flat-out engaged in unethical behavior.

I’ll point the industry in the right direction, but I’m damn sure not going to give up proprietary information. I’m now America’s most accurate pollster and election forecaster, for the second straight cycle. I don’t have anything to prove to anyone. This column is more for election-watchers and American voters than it is for Big Media or others who are failing in the industry.

Before we get into it, let’s remember just how much bogus polling was impacting the election narrative, a narrative that turned out to be completely false.

In August, Chris Stirewalt, the digital politics editor at Fox News, mocked Trump and his supporters for not believing the polls. In Don’t kid yourself, the polls are usually right,” Stirewalt claimed the data suggested the Republican nominee was headed for “the worst popular vote defeat since 1984.”

Instead, President-Elect Donald Trump won Blue States that Democrats haven’t lost since 1984, states up until Election Day pollsters showed he was going to lose outside of the margin of error, despite Mr. Trende’s claim to the contrary.

The Marquette University Law School Poll showed Mr. Trump trailing Mrs. Clinton by 6 points, the same margin Mitchell Research found him trailing in Michigan. The results were in complete contradiction to the final PPD Battleground State Polls showing a statistical tie that was slightly leaning in favor of Mr. Trump.

Mr. Stirewalt’s claim at least historically has largely been true. But that’s no longer the case and, worse, there were in fact signs to suggest it isn’t. “This is the dadgum presidency” was his argument against those citing the U.K. referendum known as Brexit. He even mocked a tweet the candidate himself sent out that very morning vowing pundits like Mr. Stirewalt would “soon be calling me MR. BREXIT!”

For a “primer on the validity of polling” he directed readers to check out “Nate Silver’s treatise on the topic,” which argued polls on the presidential level have been right for generations.

You get the picture. Let’s move on to what actually happened and what, in all likelihood, is going to happen again. No one single problem is responsible for the failure, which differs depending on the polling firm. But a good place to start is the abysmal response rates for random-sample polls conducted over the phone.

RESPONSE RATES

A few days before the election, I was listening to Bret Baier on Special Report interview the pollster who conducts the Fox Poll. His final survey found Mrs. Clinton ahead by 4 points and he used the oldest analogy in book, the one that argues you don’t need to consume the entire bowl of tomato soup just to taste it and determine how hot it is.

Well, think of the bowl of tomato soup now being a bowl of beef stew and the tablespoon is so small you are only able to taste the broth. Meanwhile, you are missing the potatoes, the celery, the carrots and, most importantly, the beef.

Put simply, the response rates are now so low pollsters aren’t able to predict the composition of the electorate, let alone their voting preference.

The results for obvious reasons can be disastrous and the truth of the matter is that many in the industry know what I’m saying is the truth. It’s just too damn expensive to do what needs to be done (which you can help us with).

In early October, when the PPD Poll still showed a far more competitive race than the RCP average indicated, a former executive at Neilson and a former executive at a company now owned by Neilson, both sent emails commending me for standing my ground. One told of his own difficulties with response rates and another cited recent findings by Pew Research Center.

Yet another person familiar with the Monmouth Poll told me Patrick Murray was “tipping the scale” by filling in the blanks created by insufficient data.

His final poll showed Mrs. Clinton leading nationally by 6 points and his state polls consistently found less support for Mr. Trump juxtaposed to other polls conducted during the same period.

SAMPLE RESPONSE BIAS

When I defended the LA Times Poll in October, which was criticized as “experimental” because it re-interviewed the same Internet panel, I was largely addressing something called sample response bias. Research at PPD and Columbia University unequivocally support the theory that large swings–such as the swings in favor of Hillary Clinton after the Access Hollywood tape was leaked, or to Mitt Romney after the first debate against Barack Obama in 2012–are actually artifacts of the polling sample, itself.

Rather than legitimate swings in voter preference, they are the result of partisans being more or less likely to agree to participate in the poll when the phone rings. This can depend on events during the campaign, but when done correctly Internet polling largely protects against these artifacts.

And I’m not the only one who believes this is a reality.

In section “d) Media (paid), (earned) and (social), and polling” outlined in his email to the Clinton campaign, Google CEO Eric Schmidt discusses the use of Internet polling over phone polling.

“Find a way to do polling online and not on phones,” he wrote. It was a strategy Clinton campaign manager Robby Mook obviously agreed with. As revealed by WikiLeaks, the Clinton campaign not only didn’t believe the phone-based media polls before the Michigan primary but actually anticipated a loss to Bernie Sanders.

Strange, considering public polls gave her a double-digit lead, don’t you think?

WEIGHTING FOR PARTY ID

In 2012, weighting for party identification was largely frowned upon and yet, for some reason, it was the standard this year outside of PPD and Selzer & Co. We weight for the usual demographics, apply a proprietary likely voter model and let the electorate tell us what it will look like. In 2016, in order to get the outcome they wanted, pollsters decided what they thought the electorate would look like and adjusted.

That’s backward. If a pollster has a quality sample, then the electorate will speak to them if they are listening. They shouldn’t ignore what respondents are trying to tell them.

Our final PPD U.S. Presidential Election Daily Tracking Poll reflected a D/R/I split of Democrat +4, which is exactly what it turned out to be. Pollsters weighted their sample to reflect the electorate they wanted to show up on Election Day, not the electorate voters were telling them would show up.

CORRUPTION

We will get into this more in the coming days and we will name polling firms specifically. But we know for a fact certain pollsters were willing to jeopardize their reputations rather than tell the truth and risk galvanizing Trump voters. Living in a battleground state, my wife and I were polled frequently. One live interviewer, who could barely speak English, actually called the house and specifically asked to speak with my wife.

She is a 30-something year-old Hispanic female statistically likely to be a Democrat. They had no intention of speaking with me, a 30-something year-old man statistically likely to be a Republican.

We asked, and were shocked to learn it was a firm that conducts fieldwork for a joint poll sponsored by two major media outlets.

So far, you’ve read a mini-novel and I’ve not even scratched the surface. I can’t imagine what went wrong.

The polls in 2016 were wrong for

Former New York City Mayor Rudy Giuliani campaigns for Republican presidential candidate Donald Trump at the University of Wisconsin Eau Claire, Tuesday, Nov. 1, 2016, in Eau Claire, Wis. (Photo: AP)

Former New York City Mayor Rudy Giuliani campaigns for Republican presidential candidate Donald Trump at the University of Wisconsin Eau Claire, Tuesday, Nov. 1, 2016, in Eau Claire, Wis. (Photo: AP)

Former New York Mayor Rudy Giuliani is the top pick by President-Elect Donald Trump for secretary of state, multiple sources and reports say. Sources say the job is his if the man known as America’s Mayor wants it, though aides have also considered former U.S. Ambassador to the United Nations John Bolton.

While Ambassador Bolton is well respected and certainly qualified, Mayor Giuliani and President-Elect Trump have have a close friendship as the result of a relationship that spans some 30 years. Mayor Giuliani gave a rousing speech during the Republican National Convention in Philadelphia back in July in which he defended the New York businessman, whom he called his friend against attacks he said unfairly impugned his character.

Mr. Giuliani was asked at The Wall Street Journal CEO Council meeting in Washington on Monday evening if his title would soon be “Secretary.”

“One never knows,” he replied, adding that Mr. Bolton would be a good choice for secretary of state. He was also asked if there was a better choice than Mr. Bolton and he replied, “Maybe me, I don’t know.”

Mr. Giuliani served as U.S. attorney and earned a reputation as an anti-corruption, anti-mafia bulldog. He cracked down on organized crime like no one before and went on to serve as mayor from 1994 until the end of 2001. In 2006, he was placed on an “Iraq Study Group,” a congressional review to find solutions to the violence in Iraq. However, he stepped down after two months because he was considering a run for the White House at the time.

On NBC’s “Today,” Trump campaign manager Kellyanne Conway, who is now part of the presidential transition team, offered no definitive comment but certainly confirmed she believed the former New York mayor was on the table.

“He certainly is a very close adviser of President-elect Trump’s,” Conway said. “The mayor has [an] enormous skill set — would be an excellent member of the cabinet, and that’s where I’ll leave it.”

Decisions made by the transition team, which is headed up by Vice President-Elect Mike Pence, on who will fill positions in the new Trump Administration are expected to quicken on Tuesday. Mr. Pence will meet with Mr. Trump at his New York headquarters later in the day, but the decision over secretary of state will likely not be final for several weeks.

For Mr. Trump, the choice is between a friend, early supporter and ally in New York, and a career diplomat who is frankly more hawkish than he is. Mr. Bolton, who called last year for the U.S. to bomb Iran, is known for his involvement with the Council on Foreign Relations and closeness with the neoconservative wing of the Republican Party. Unlike more bona fide neocons, Mr. Bolton was less hostile to Mr. Trump from the beginning but nevertheless is more of an interventionist than the future president.

Former New York Mayor Rudy Giuliani is

Democratic President Barack Obama, left, embraces Hillary Clinton, right, after speaking to the Democratic National Convention at the Wells Fargo Arena in Philadelphia. (Photo: AP)

Democratic President Barack Obama, left, embraces Hillary Clinton, right, after speaking to the Democratic National Convention at the Wells Fargo Arena in Philadelphia. (Photo: AP)

What follows here is remarkably similar to what I had planned to write after an expected and prayed-for Hillary Clinton victory: Obsessive appeals to racial, ethnic, sexual and gender identity groupings are bad politics. That’s because at a certain point, “inclusivity” takes on the air of exclusivity.

Clinton’s fervent messaging to Latinos, African-Americans, Asians, Muslims, the LGBT community and women went beyond the usual targeting. It drowned out her economic platform, which would have done so much more for the struggling white workers who chose Donald Trump than the Trump presidency is about to do.

In the election post-mortem, Rep. Ruben Gallego, an Arizona Democrat, put it well: “I think there is a common interest in our economic policies between the laid-off white worker in Flint, the African-American and the Latino in Phoenix.”

One could argue that Trump played white identity politics. The history of white nationalism is ugly, to be sure. But people get confused when “Black Lives Matter” is deemed as acceptable and “All Lives Matter” as racist.

Recent media attention has centered on the extraordinary policing of speech on college campuses — from strict rules on what one may say to appropriate dress for Halloween. I find a lot of it bizarre, but many take it personally.

Consider the concept of “white male privilege.” I know what they’re getting at — that well-to-do white students often have access to contacts and investment money that poor students of color do not. But try to explain “white male privilege” to less educated white males suffering severe economic loss.

The idea that a female student can be as drunk as her male partner, say yes to sex but then charge rape the morning after is incoherent. Every charge of sexual assault should be investigated and only then judged valid or not. And when rape does occur, women should call police, not the dean of student affairs.

A backlash was inevitable, and it came from many college-educated white men resenting the double standards and their near demonization. Too bad the vehicle for the reaction had to be a repulsive candidate for president.

Immigration. When Democrats don’t take a firm stand against illegal immigration, they leave a wide-open highway for figures like Trump to push cruelty as the only solution. Today’s immigration laws were not designed to ensure racial purity but meant to provide labor where needed and protect vulnerable workers.

Why, when Clinton called for giving legal status to most undocumented workers, did she fail to emphasize that comprehensive reform also means strengthening enforcement to stop future illegal immigration?

Heaven knows Trump’s vicious attacks on Mexicans gave Clinton plenty of room with Latino activists to talk up enforcement. And wanting an orderly immigration system does not make one a racist.

Canada and Australia have big, generous immigration programs. Neither tolerates illegal immigration, and they don’t apologize for sending home those who enter without papers.

With Trump, poor whites got validation, but at the price of less security. Trump now insists that folks using Obamacare will not lose coverage. But if he lets healthy people opt out of participating — currently his and the official Republican position — the insurance pool will collapse. Guaranteed coverage will disappear or become wildly more expensive. Or coverage for the working and middle classes will be turned into a shabby welfare program.

It will never be forgotten that Clinton won the popular vote by well over 600,000 votes. Had the votes been distributed a little differently across state lines, she’d now be president-elect and I’d be delighted. But this critique would still stand.

It should have been obvious before. It’s obvious now. Identity politics are not good for the country. They’re not even good politics.

It should have been obvious before to

People's Pundit Daily
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