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Obama Admin. Cracks Down On Burrowing -- Right Cries Foul

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In what may be another small dose of that precious change we can believe in, the Obama administration is taking steps to crack down on one of the Bushies' favored tactics for politicizing government: burrowing.

In the waning days of the Bush administration, we told you about some political appointees who had landed career jobs, with civil-service protections, at their departments -- allowing them to continue to exert influence under the new government, and making them difficult to remove. In fact, the Bushies were far from the first group to try this. The Washington Monthly's Charles Peters, who has chronicled the workings of the federal government since the 1960s, used to call it the "headless nail" phenomenon.

But now the Obama administration is trying to at least make it more difficult. A recent memo from John Berry, director of the Office of Personnel Management, announced that starting January 1, his office will have to sign off every time a political appointee who was appointed during the last 5 years is hired for a career position. Right now, OPM approval is only required during a presidential election year.

Berry wrote in his memo that political appointees can't be excluded from consideration for career jobs, but they also "must not be given preference or special advantages" -- as appears to have happened in the past.

Some on the right have sounded the alarm over Berry's memo, arguing that it unfairly discriminates against political appointees, and suggesting it's designed to weed out Bush appointees whose political outlooks differ from that of the new administration.

But two experts we spoke to dismissed those concerns. Paul Light, an expert on the federal bureaucracy at the Brookings Institution, called the new policy "not a prohibition, but tighter review."

And Bill Bransford, who as general counsel to the Senior Executives Association has studied the burrowing phenomenon, called the memo "appropriate."

In the past, Bransford told TPMmuckraker, the process has been marred by a lack of transparency from OPM. So when political appointees have been hired for career posts, there have been legitimate concerns about political interference. The new policy, he explained, begins to fix that. "Having that new level of review by OPM should give some comfort to the public that the political appointees who do receive career positions are in fact the most qualified," he said.

Still, from a raw political viewpoint, there could be a downside. Light said that because the Obama administration, when it leaves office, will inevitably want to burrow its own appointees into career jobs, "they will rue the day they did this."

For now, though, count this as a strike against the politicization of government that the Bushies raised to an art form.

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21 comments

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November 13, 2009 12:46 PM   

It should be considered a dereliction of duty and a right-wing bias for news organizations to continue to ask questions of and dutifully transcribe the answers of right-wingers as if they were getting honest answers instead of tribal talking points.

It would be as if Chris Matthews went "okay, now let's have a debate", and he spent half the time talking to a liberal and half the time reading from an RNC press release. That's how much legitimate discussion you get out of these weasels.

They cry "foul" or "outrage" or "race card" or "socialism" or "cut and run" or whatever the slogan of the day is because they're authoritarians and because it suits their political purposes to do so, and because they know the press will never notice that they're really always crying "wolf".

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November 13, 2009 9:05 PM    in reply to Clavis

the same can be said about the democrats.

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November 16, 2009 8:40 AM    in reply to Clavis

"It would be as if Chris Matthews went "okay, now let's have a debate", and he spent half the time talking to a liberal and half the time reading from an RNC press release."

Make that half the time talking to a neoconservative and half the time reading from an RNC press release. And you would hit the nail on the head.

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November 13, 2009 12:55 PM   

I said prior to the inauguration that one of Obama's most serious challenges to good goverment was draining the swamp the federal bureaucracy had become during the 8 years of the Bush Administration. On the one hand, Obama has the challenge of digging out the 'burrowing' ticks, but on the other, there was the flight of good staff that couldn't stand seeing their organizations corrupted/dismantled.

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November 13, 2009 1:37 PM   

The wingers are only worried because of Bush's habit of appointing woefully unqualified partisan hacks (Brown at FEMA, anyone?) to important positions. Clearly many of them will never pass the "best qualified" test in the memo...

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November 13, 2009 9:16 PM    in reply to Matt Jones

if its about the best qualified obama wouldn't be president, nor for that matter would bush. or mccain, clinton[either one] or bush 1. rarely in life does the best qualified get the job. mostly its about who you know or who likes you. i know you will disagree, no need to, think of private business, it works the same. and best qualified doesn't mean squat, its about who will do the best job. i have had ivy league people work for me who were crap, and community college people who were great. so , stop with the 'best qualified' crap, its about who obama wants in, because, in the end, that's what its about. and i don't blame him, i would do the same.

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November 13, 2009 1:49 PM   

The concern over burrowing is greatly exaggerated.

All administrations face obstruction by career civil servants. A political appointee holdover from Bush is unlikely to be worse for the simple fact that they are not going to have anything like the same political support base.

The real problem is the stuffing of the career civil service with the likes of unqualified Regent University graduates.

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November 16, 2009 3:16 PM    in reply to hallam

I say both are of great concern. But at the core is our campaign process - corporate money paying for public elections is not working well for anyone but the few at the top of the corporation. I am having a very difficult time differentiating between elected officials and corporate executives, either in platform or lifestyle.

Once religion is mixed with business, there is no such thing as ethics anymore. I agree with the notion that if someone claims to have an MBA from Harvard - they should be immediately disqualified from any business that gets money from the government. If someone got their undergrad from Regent before the Harvard MBA - they should be restricted to janitorial work only.

I also happen to think the unethical types exploit the uber-religious types to win elections and change legislation - all in the name of "God".

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November 16, 2009 3:54 PM    in reply to hallam

They won't last. Sooner or later, their lack of qualification will show, and they'll be fired. I hope.

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November 13, 2009 2:06 PM   

Since this is just a policy , what is to stop the next Republican President from negating it and burrowing as many people as he wants?

And how does this do anyting to get rid of Bush burrowers already in place?

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November 15, 2009 12:17 PM    in reply to robcat2075

An excellent point. Only if the policy were retroactive would it do much good. As it is, the Obama administration is just shooting itself in the foot. Sadly, retroactive only becomes operative when a so-called Democratic congress yelps through laws that prohibit us from taking legal action against thugs like AT&T and the other communications giants that illegally spied on our personal, constitutionally-protected (we thought) communications.

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November 13, 2009 2:16 PM   

In a situation with which I am familiar, political positions were made civil service positions and filled with the then-incumbents. To overcome this obstacle, the new Obama administration placed political appointees (thus using up scarce personnel slots) over the civil servant positions. Only by doing this was the administration able to have control over very political decisionmaking.

As a long-time civil servant (now retired) I agree that burrowing in needs to be stopped. Obama's move is a good one.

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November 13, 2009 2:25 PM    in reply to Janie

Please explain further. I still don't understand how putting in a policy on January 1, 2010 requiring greater review will extricate or even give serious evaluation to Bush political appointees who burrowed into career jobs back in the end of 2008. Aren't those appointees now federal employees, grandfathered in, with union protection against termination? Did the Obama administration place those new hires on probation, or make them subject to subsequent review?

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November 13, 2009 3:20 PM    in reply to Mr.E.

Absolutely right. It would be virtually impossible for an administration to impose new rules for the workforce and apply them retroactively. I haven't read these new rules yet, but I'd be shocked if they could result in the removal of employees already appointed.

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November 14, 2009 11:59 AM    in reply to Mr.E.

By having the look back period of 5 years,it should stop the additional burrowing of repus pets. It won't effect those already inside.

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November 16, 2009 9:27 AM    in reply to Andreams

It will affect the ones inside when/if they try to change jobs. So just reorganize your department, change the names and functions of the various positions, and voila.

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November 13, 2009 9:18 PM   

If the right would stick to criticizing the *legitimate* problems with the Obama admin, they'd do just fine. Plenty of ammo there. But this comes off kind of Beck-like, which negates any legit criticism of, say, the fact that Obama has pretty much continued on the path started with (at least) Clinton.

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November 14, 2009 1:08 PM   

The whole city of Washington is rotten to the core. The cancer that prevails is beyond belief! I am,presently, reading WHORES: Why and How I Came to…by Larry Klayman, whom I can't stand, but what a wake-up! The whole operation is just one bipartisan crime wave!

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November 15, 2009 1:40 PM   

Still, from a raw political viewpoint, there could be a downside. Light said that because the Obama administration, when it leaves office, will inevitably want to burrow its own appointees into career jobs, "they will rue the day they did this."

I disagree.

The reason its even necessary for Conservatives to practice "burrowing" is that they have a philosophy that government can't accomplish anything worthwhile. Thay start off with the same ideological career handicap that, say, a Marxist would have applying for a job with a major corporation. They don't fit in. They're unlikely to advance on their own merits because they don't believe in the enterprise.\

This isn't a problem for Democrats. Do they burrow? Maybe. But Democrats take jobs in government about the way the Republicans take jobs in the private sector. You don't need to burrow if you're heavily networked anyway.

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November 16, 2009 3:18 PM    in reply to Dave Adams

Totally agree with you Dave.

The Bushies hate government and only seek a job in government to better dismantle it from the inside-out.

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November 15, 2009 11:16 PM   

The right calling foul is like the wolf crying, well wolf.
By knowing that projecting your weaknesses & fears on others is the neo-con way, it's much easier to understand why there always afraid of & against everything.

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