by Bob Barr | Jun 27, 2022 | Uncategorized |
RealClear PoliticsFrom dialysis to chickens, the U.S. Department of Justice and its regulatory compatriot, the Federal Trade Commission, are flexing Uncle Sam’s antitrust muscles, notwithstanding strong headwinds from skeptical judges and juries. As the United States Chamber of Commerce recently warned in a brief filed with the courts, “Allowing [DOJ] to retroactively criminalize behavior strikes at the heart of the ordered liberty guaranteed to all Americans.”The work of the Justice Department’s Antitrust Division receives far less public attention than its bigger brother, the Criminal Division, and the 93 U.S. attorneys who prosecute the vast majority of cases brought each year against individual and corporate defendants. Still, the broad reach of modern federal antitrust laws, dating to the early 20th century (the Sherman Antitrust Act in 1909 and the Clayton Act five years later), can strike fear into the hearts of major corporations and their executives, who can be targeted for either civil or criminal prosecution, with hefty fines possible in either context.While far smaller, the FTC can employ its regulatory reach in tandem with the Antitrust Division to boost policy initiatives favored by an administration intent on punishing the business sector. In this regard, the Biden administration has been particularly aggressive. Fortunately for the free market, the results of this push have been less than impressive. However, recent actions by both the FTC and the Antitrust Division clearly signal this administration’s intent to continue using both its civil and criminal powers to attack the business sector.In a highly unusual if not unprecedented move, the head of the Antitrust Division, Jonathan Kanter, declared that its lawyers would try for a third time...
by Bob Barr | Jun 22, 2022 | Townhall Article |
TownhallThis month’s public bruhaha among Washington Post writers, stemming from a colleague’s retweet of a banal joke, was a sight to behold. One of the most prominent newspapers in the nation became a national headline itself, as “professional” reporters jumped to social media to air dirty laundry and call each other names. Where were the adults in the room? Where indeed.The dust-up illustrates the progressive playbook. First, take any perceived slight and assume the evilest intent. Then claim it represents some fantastical hyperbole of doom “if not addressed.” Every incident becomes an outrage campaign that makes the participants, who seem perpetually dour and unhappy, insufferable as individuals and ruinously disruptive as employees.This most recent Washington Post drama was unusual only in how public it became, but it is far from unique in its suffering from a plague of progressive employees whose “woke” zealotry bleeds across the workplace. The “cancel culture” mentality leveraged by progressives against their enemies, including those from its own ranks, has become a paralyzing maelstrom within organizations that employ them. As one recently resigned executive director of a Leftist organization told The Intercept — “So much energy has been devoted to the internal strife and internal bull____ that it’s had a real impact on the ability for groups to deliver . . . I was spending 90 to 95 percent of my time on internal strife.”The Intercept paints a picture of what you might imagine if the same people pushing Cancel Culture were all put into a room and then expected to come up with solutions for cultural issues. Navigating a minefield wearing a blindfold would be easier – and lead to better results. In...
by Bob Barr | Jun 15, 2022 | Townhall Article |
TownhallNo passion so effectually robs the mind of all its powers of acting and reasoning as fear.–Edmund Burke, 1757Fear may serve as an effective motivator for individuals facing danger, but as a basis for law-making, it consistently leads to poorly crafted legislation and even dangerous public laws. So it is with gun control, a path on which a bipartisan group of Senators appears now committed.Fear of domestic terrorist attacks following the 1995 Oklahoma City bombing and of further foreign terrorist attacks after 9-11, led directly to laws that demonstrably were far broader than necessary to address whatever shortcomings those incidents revealed, and which have seriously eroded individual liberty in the years since.In the current frenzy to guard against tragic mass shootings such as occurred last month at an elementary school in Uvalde, Texas, federal lawmakers appear ready once again to use “fear” as a motivating force for legislative action. This week a bipartisan coalition of lawmakers, led by Texas Republican John Cornyn and New York’s perennial gun control orchestrator Chuck Schumer, announced a framework for a gun control package aimed at easing the minds of “families [who] are scared.” Details beyond the initial framework are sparse, but we do know the bill seeks to tackle mass shooting violence by recycling many of the familiar policies of gun control past – red flag laws, “boyfriend” loopholes, and deeper background checks. There does appear to be some attention being afforded to mental health and school safety programs, but initial information indicates these will not be among the legislation’s main priorities. Begin with the enhanced background checks for gun buyers under 21 years of age. The...
by Bob Barr | Jun 14, 2022 | Daily Caller Article |
Daily Caller Despite an excessive degree of regulatory intervention, American-style free market economics remains the gold standard for organizing an economy. Unfortunately, one of Uncle Sam’s favored tools with which to attack the business sector – antitrust power – is being considered by both major parties in the U.S. Congress to undercut that advantage.American innovators have improved the lives of generations of citizens. Consider, just among recent success stories, the invention of the Apple iPhone, the Twitter method of communication, the Google search engine, Uber’s ride-sharing concept and the use of Facebook to keep up with family and friends. Amazon is a company that was critical in moving goods to people everywhere during the recent pandemic.While none of these companies are perfect, all are miracles of free market economics and rewards in a nation that embraces entrepreneurs.Now, those same wildly successful companies are under attack by liberals who have a profound distaste for private enterprise and success, fueled by a deep skepticism of free market capitalism.There is an emerging effort to give Washington power players even more power to attack so called “Big Tech,” under the pretext of antitrust law. This attack emanates from both major political parties — the populist right and progressive left, in a way that will greatly harm a struggling national economy.Giving more power to government bureaucrats to micromanage the economy has never been a good idea, but it is especially bad at this juncture.The current centerpiece of this attack on “Big Tech” is S.2992, mistitled the “American Innovation and Choice Online Act,” which singlehandedly will stifle innovation and limit consumer choice. Worse, it will empower federal...
by Bob Barr | Jun 8, 2022 | Townhall Article |
TownhallRemember when the Atlanta Braves’ “tomahawk chop,” a long-established stadium rallying cry, came under attack for allegedly perpetuating racist stereotypes? That controversy, which flared up in the 1990s and resurfaced last year during the World Series, drew a mixed response from Indian tribes; some linked it to improper cultural appropriation, while others saw it as a distraction from serious issues facing Native Americans. The debate over the tomahawk chop generated a significant amount of media coverage at the time. However, if considered a matter of “cultural appropriation,” it pales in comparison to an issue currently working its way through the United States Congress. This ill-advised legislation would facilitate creation of brand new tribes out of thin air, and grant them the same rights as existing tribes. Typically, groups seeking to be recognized by the federal government as sovereign nations must go through a process at the Department of Interior during which their histories are reviewed and carefully examined. This process was established to ensure that legitimate tribes receive the proper recognition they deserve and are protected against groups making false claims.Several bills currently before Congress would upend this system and create a fast lane for groups who don’t want to — or just can’t — demonstrate their legitimacy; criteria many are unable to meet. For example, one of the groups seeking recognition through Congress has claimed descendancy from several different tribes over the years but has never been able to get its own story straight.The consequences of creating tribes without any factual or historic verification are significant for real tribal nations. When a group latches onto the identity of one or multiple tribes, it opens...
