Something I was shocked by tonight (that hasn't really been commented on thus far) was Obama's insistence that BP pay for an independent entity to handle the claims process. Yet, is it only me that finds a problem with BP paying the salaries of a nominally independent entity that will be making decisions that impact BP's finances? Can anyone really believe that such a process to be legitimate or fair to Gulf residents seeking quick and efficient recompense for their losses?
No, what we need is some kind of agency that operates in the public's interest... some kind of "agency" that can handle "claims" and make "judgments"... Sounds amazingly like a government judicial function, no? Yet, Obama's apparent impetus is to outsource this function to a private entity that will in essence be on BP's payroll. Yet, there is a better, fairer way.
The U.S. Constitution provides a means of setting up this sort of system. Under Article I, Congress can establish so-called ad hoc "legislative courts" that can function as both claim collection agency and speedy adjudicator, thereby ensuring that the public interest is served in the first instance--not BP's bottom line or desire to slow things down. We already have these sort of courts for things like taxes, bankruptcy, and veteran's claims.
Yes, the funding would need to come, first, from the U.S. treasury, but Congress could easily assign liability for the ultimate cost of the system to BP at the end or annually, requiring that they refund the public treasury for any outlays to fund the system. That way, there will be a buffer between BP and those who will be deciding these claims for people in the public interest. BP might not like it, but who gives a damn?
I don't know about you, but this sort of ad hoc set up would seem far preferable to allowing BP to pay for a company to decide these claims. That Obama apparently doesn't perceive this clear conflict of interest here is, quite frankly, disturbing. I hope that someone can clue him into this soon, and that this possible solution get wider discussion/consideration.