Abuse of the Public Trust

Part Three – The Legislative branch – Un-representation

By the time I gave up trying to stop the Census Bureau violating laws by complaining to Executive branch agencies, I understood that something was seriously wrong with the operation of the Federal government. Here I had been developing theories about how to communicate "disaster messages" using the technology of the Digital Age and I couldn’t find anyone in the Executive branch who would listen to a disaster message.

I was quite certain that the Census Bureau was engaging in acts that would involve the violation of many laws, but I didn’t understand what was the underlying cause. Our government consists of three separate branches. The choice that I had to make was to which of the other two branches do I address my complaint and what should that complaint be?

Part of the problem that I had was that I didn’t have much evidence that the Census Bureau was engaging in criminal acts. All I had was a letter and a copy of a partially complete Form I–9, which had been sent to me by the Bureau. In this evidence the Bureau had essentially confessed that it was engaging in the violations of ministerial duties placed upon the President, requiring applicants to commit perjury in having them complete the form, and illegally using the form to revoke an applicant’s right to apply for Federal employment.

I didn’t have any evidence that the Bureau was engaging in the Privacy Act violations, which to me was the most important issue. As we enter the digital age means are becoming available by which the State and corporate entities can control the opportunities that people were afforded. The Census Bureau’s acts in violating laws established to protect the confidentiality of personal information was a critical issue because Census Bureau employees are in a way the Federal government’s high priests regarding the handling of personal information. The Census Bureau exercises the authority analogous to that of the old ecclesiastic courts. One must answer all Census questions truthfully, and one is promised that those answers will be kept confidential. If it was OK for the Census Bureau to use a database that falsely associated an individual’s name with a criminal history as often as it correctly did so, what was not wrong for a corporation or another government entity to do?

On the other hand I was interested in finding out what the responses of my representatives would be to the complaint. So I determined to complain that my right to apply for employment had been illegally revoked. I sent complaints in to my two senators and representative. The response that I received from each of them was to the effect that we don’t get involved in this type of issue ourselves, but we will get you an answer within 30 days. It took 120 days to get an answer. This was not a good response time for someone who was concerned that massive numbers of violations of Federal laws were taking place each day that I was waiting for a response. The answer when it finally did come did not fully confirm my belief that the Census Bureau was engaging in illegal criminal history background checks, but it did confirm part of my belief.

In consequence of my experience with my representatives I came to the conclusion that part of the reason that agencies can be lawless is because Senators and Representatives don’t become involved in complaints. As far as the legislative branch goes each Senator and Representative is free to investigate complaints of wrongdoings, but that they don’t. It appears that it is a rule of Congress that legislators will only advance the claims of their own constituents, and most will not do this. If your legislators aren’t concerned with the issue involved in your complaint you are out of luck, other legislators will not investigate your complaint. They may forward your complaint to your representative, but they will not act for you.

None of my representatives suggested that I file a complaint with the Office of Special Counsel (OSC), which is an office set up to hear personnel complaints like mine. It would be years before I came to understand that the OSC could investigate a complaint like mine. By then I came to believe that it might be possible to construct a software program that could read complaints like mine and direct me to the correct office. As it is now, communicating with one’s representative often only brings a form letter response, which about half the time incorrectly identifies which side of an issue you support. I have responded to these letters a time or two with responses taking the opposite position, of the one my representative is advocating, and thanking him or her for agreeing with the position opposite their own.

I completely failed to get a resolution of the issue by writing to my representatives. It would be some years before I got cooperation from one of my senators. Since I could not deliver a disaster message to the Executive branch or my legislators that left only one branch of government.

Next The Godfather, the Judicial branch

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