When Harvard University Professors Edward Glaeser and Claudia
Goldin set out to write an introduction to a conference on
the history of corruption and reform in the United States
in a volume
that will appear next year, they began by noting that conventional
measures ranked the U.S. among the ten least corrupt countries
in the world.
"To most Americans," they wrote, "corruption is something
that happens to less fortunate people in poor nations and
transition economies.
"But America's reputation as an untarnished republic is a
modern phenomenon." Political bribery once had been an everyday
occurrence, they explained, infecting American politics at
all levels. Perhaps lessons could be learned from one
country's escape from routine cheating.
Well, welcome to the post-modern era. It wasn't just the
business scandals associated with the end-of-the-century Bubble.
The mushrooming case against former House majority leader
Tom DeLay is a troubling reminder of how far the United States
has drifted from the days, 25 years ago or so, when its citizens
took their leaders' honesty and integrity pretty much for
granted. (Watergate? The whole point was that it was a shocking
anomaly.)
One of the things about corruption is that its cutting-edge
cases can be difficult to explain. The Washington Post last
week added a sensational new wrinkle to the DeLay matter when
it reported that the Justice Department staff -- six lawyers
and two analysts -- had unanimously concluded in late 2003
that DeLay's Congressional redistricting plan for Texas was
illegal because it deliberately diluted African-American and
Hispanic voting power.
In a highly unusual step, senior Justice Department officials
under Attorney General John Ashcroft then overruled the staff.
DeLay's plan immediately went into effect, and in 2004
the Republican Party gained five seats in Texas in the elections,
solidifying its control of the House of Representatives. The
memo had been widely sought but closely held under a gag order,
until Friday, when The Post disclosed its contents.
Friday, Attorney General Alberto Gonzales promptly acknowledged
the memorandum, but told reporters that he was confident that
the Department's decision had been correct. He noted that
a three-judge appellate court panel had upheld the redistricting,
corroborating the Justice view. Texas Democrats have appealed
the decision to the Supreme Court.
To this point, the case against DeLay has been seen as a
relatively narrow legal matter in the Texas courts, where
the most powerful Republican leader in the House has been
charged with violating the state's campaign finance laws.
But a Washington lobbying scandal involving one of his most
energetic and reliable fundraisers, Jack Abramoff, is threatening
to unwind.
And the disclosure of the staff memo seemed likely to broaden
the story to the Justice Department, to the three-judge panel
who upheld the re-districting, and perhaps to the White House
itself. George W. Bush, a two-term governor of Texas, has
supported DeLay, who has resigned his official leadership
positions pending the resolution of the charges against him.
It was DeLay after all who as Republican whip in the House,
personally led a state-wide fund-raising effort in Texas in
2002 that ensured enough Republican victories to take control
of the state legislature. The redistricting plan ensued, complete
with what at the time seemed merely colorful high-jinks --
the Democratic membership fled the state in hopes of denying
their Republican colleagues a quorum, the majority dispatched
lawmen to try to bring them back.
Compared to all this, the case of US Rep. Randy "Duke" Cunningham
(R-Calif) was small potatoes. The former Vietnam War fighter
pilot ace (reputedly the model for the Tom Cruise character
in the film "Top Gun") pleaded guilty last week to taking
bribes and evading taxes and resigned from Congress in the
middle of his eighth term. He faces up to ten years in jail.
Cunningham was widely condemned by the Republican leadership,
as if his were an isolated case. But at least five other
Congressmen are under investigation in the Abramoff case.
Journalist Michael Kinsley, writing in Slate, put the matter
in perspective when he recalled how DeLay three years ago
had warned Washington's lobbying community that they would
be without influence in the Congress unless they hired Republicans
to oversee their pleadings -- and their campaign contributions.
"No prominent Republican upbraided Delay for his open invitation
to bribery. And bribery is what it is: not just campaign contributions,
but the promise of personal enrichment for politicians and
political aides who play ball for a few years before cashing
in."
It is hard to say exactly when this new style of post-modern
corruption started. Kinsley dates it to the election of Ronald
Reagan in 1980. Certainly a new era of partisanship was inaugurated
then. I am more inclined to think the era began with
the 1980s asset markets boom and the subsequent extensive
restructuring of corporate America.
With the end of the Cold War, discipline significantly relaxed
and corruption gradually spread from the financial to the
political order. It metastasized with the "Contract with
America" election of 1994 -- the one that produced a
Republican majority in the House. Certainly the previous scandals
involving prominent Democrats -- Dan Rostenkowski, Barney Frank,
even House Speaker Jim Wright and, of course, President Bill
Clinton -- were of a very different order. (Two Democrats,
Reps. James Traificant of Ohio and Michael "Ozzie"
Myers of Pennsylvania, have been ousted since 1980 for taking
money.)
It is against this background that a seemingly unrelated
matter, the Andrei Sheleifer case, should be considered. Readers
are all too familiar with the details of how a 31-year-old
Russian expatriate, swiftly risen to eminence as a Harvard
University economics professor, was put in charge in 1992
of a huge US government-financed, Harvard-administered mission
to advise the Russian government of Boris Yeltsin on how to
establish a market economy of their own -- until he was discovered
in 1996 to be lining his own pockets, and those of his wife,
his deputy and the deputy's girlfriend. At that point the
mission collapsed.
Four years later, the US Attorney in Boston sued. Four years
after that, Shleifer was found to have committed fraud and
Harvard University to have breached its contract. Each was
ordered to repay the government.
Perhaps the Shleifer story is no big deal, and not the symbol
of post-modern corruption having spread to universities that
I think it is. Yet there are similarities to the Congressional
situation, I believe. The case against Shleifer case was a
civil complaint, not a criminal charge. Cunningham was elected,
Shleifer was hired. Each helped himself to some good old-fashioned
graft, and each was found by a court to have done (in the
words of the San Diego prosecutor) "the worst thing an Éofficial
can do -- he enriched himself through his position and violated
the trust of those who put him there."
And just as the tactics of the House leadership are more
alarming than the conduct of the lowly Cunningham, so the
determination of Harvard's administrators to defend Shleifer
for nine long years is more astounding than what Shleifer
actually did. He was young and inexperienced. They had all
the advice and time in the world. His culpability has been
established. Theirs has barely been addressed.
Indeed, Cunningham's choked-back sobs as he entered his guilty
plea in San Diego last week were a reminder how far from closure
the Shleifer case remains. At least Cunningham apologized
to those who had trusted him. "I know that I will forfeit
my freedom, my reputation, my worldly possessions, and most
importantly, the trust of my family and friends."
There has been no such contrition from Shleifer. No
apology to the Massachusetts Institute of Technology professors
who taught him; to the members of the Harvard economics department
who hired him (and who to this day persist in an embarrassing
silence about their colleague, however various their opinions);
the colleagues whose work in Moscow he undermined; the Harvard
Institute for International Development, which he destroyed;
the Harvard administrators who decided to defend him; the
elders of the economics profession who voted him the John
Bates Clark medal; the man who endowed the chair he was awarded
not long after he was sued; the European worthies who
conferred on him the honor of the Munich Lectures in
Economics last year; the officers of the American Economic
Association who installed him as editor of the Journal of
Economic Perspectives, a position from which he expertly wields
enormous power.
Least of all has there been any disruption of Shleifer's
quarter-century friendship with the man he met as a brash
19-year-old Harvard sophomore, who mentored him in economics,
introduced him to international consulting in Lithuania, helped
contrive his return to Harvard and his appointment to the
mission to Moscow, oversaw US policy towards Russia as a Treasury
official, vacationed with Shleifer and his family throughout
and who only distanced himself reluctantly and minimally after
the project crashed.
Harvard University President Lawrence Summers even stayed
with Shleifer while interviewing for the school's presidency.
Upon taking office, he told the dean of the faculty that it
was important not to lose his friend to another university.
Only when the university's governing Harvard Corporation insisted,
according to The Wall Street Journal, did he recuse himself
from the matter,
In their introduction to the forthcoming volume on corruption,
Glaeser and Goldin trace the decline in its incidence in the
United States between the mid-1870s and 1920, not to any fall
in the returns to bribery and cheating, but rather to a big
increase in the costs to politicians who got caught. Crucial
to their story are newspapers, which learned they could attract
readers by exposing corruption. Muckraking changed voter expectations,
and before long, revealed corruption was more likely to lead
to political defeat.
The same mechanism may be at work in the era of post-modern
corruption. Certainly the Delay case has been getting its
share of ink. The representative from Sugar Land (his district
includes Houston and Galveston as well) already has been challenged
for leadership in the House. He may face a strong opponent
in his next election.
One of the biggest riddles of the Shleifer matter has been
the failure of the case to attract more attention. Among
the national media in the US, only the Journal has covered
it. The New York Times and the Washington Post have all but
ignored the story.
Meanwhile, my hunch -- it borders on a firm expectation --
is that, sometime next year, Harvard's Larry Summers will
announce his departure to head a foundation. The underlying
reason for his decision will not be last the storm that broke
last spring after his remarks on the handicaps women face
making careers in mathematics and science. Nor will it be
the "no confidence" vote that stemmed from his the alienation
of a large portion of the Faculty of Arts and Sciences.
Rather it is the university's wealthy alumni who are most
put off by Summers, chiefly because of the arrogant way in
which he ran off Jack R. Meyer, president of the Harvard Management
Co., who in fifteen years had increased the university's endowment
to $22 billion from $4.7 billion, earning annual returns that
averaged nearly 16 percent, an astounding figure.
With an enormous capital campaign about to begin, designed
to extend Harvard's campus across the Charles River into Boston
and scheduled to take many years, Summers is facing widespread
antagonism among the very people he would have to ask for
money. One of them asks, "How many strikes do you get?"
No one who has read Summers' letter on the challenges he
sees facing the university can fail to understand why so many
people thought he would have been a great president. Harvard
is the certainly world's richest university and probably its
best. It operations are fabulously complex. The economist
has demonstrated an ability to assess its opportunities coolly
and perceptively, like so many investment goods in a capital
asset pricing model: fire that dean, hire that architect,
open that canteen, close that door. True, the experience of
a dozen years of government service probably eclipsed what
he learned in the scant three years he spent as a full professor
before he went to Washington. But his real shortcomings in
the job are intrinsic to his personality.
The likelihood then is that the Shleifer matter will be swept
off the desktop at Harvard by a wholesale reorganization of
the place -- even the little eight-member corporation that
has managed the university more than 350 years may be replaced
by a larger, more modern board. But though the university
may solve its own problem, the economics profession will still
have one of its own. Shleifer's talents are very great, but
they aren't enough to warrant expunging his sins from the
record.
It isn't necessary to put his picture on milk cartons. Here's
a suggestion. Now that the court battle is over, why doesn't
the Journal of Economic Literature commission a first-person
article by Shleifer about the history of the case, and several
commentaries on what he writes, pro and con, by senior figures?
That might put the matter to rest once and for all -- and
rescue the American-dominated discipline itself from the shadow
of post-modern corruption.