The Government Needs Restrained
By O. Henry Swartzentruber
Before I make a salient political point, a brief interlude. Over the weekend, two things happened. My daughter took her driving test (and passed) and I hauled my own personal pillow with me on a Labor Day weekend trip to visit my wife's family in Michigan. Two bright, flashing red warning signs that I am getting old.
Indeed, Michigan is a beautiful place to visit in the summer. Recently for former South Bend (IN) Mayor, Pete Buttigieg (D), it was a nightmare.
In June, an anonymous caller contacted the Indiana Department of Child Services and notified them that Mayor Pete had confessed to her that he had committed "unspeakable violent crimes" against his own children and the caller "believed the children were still at risk". The call came from northern Indiana, was forwarded to the Michigan equivalent of DCS and police showed up at Buttigieg's Michigan summer home near Traverse City. The four year old twin children were removed from the home for 24 hours while the matter was investigated, and Buttigieg was not able to be with them. Buttigieg recounted the event online this summer, and then, earlier this week, local prosecutors in Marshall County, Indiana decided the false-reporting woman would not be charged with any crimes. Ultimately, the records failed to show any additional attempts by Indiana or Michigan officials to independently verify the allegation before authorities went to Buttigieg's home. Does DCS not need to screen the veracity of allegations?
The scariest lesson from the Pete Buttigieg child-welfare case is not that a political figure was falsely accused. It is that the fake news worked and that even a powerful person was completely helpless. And the only repercussions weren't against DCS or the false-reporter. They were against a completely innocent party. For 24 hours, a completely made up anonymous accusation upended Buttigieg's life and only his family was left holding the bag. Doesn't DCS have an obligation to minimally vet these reports?
It is tempting to dismiss the incident as an occupational hazard of being a prominent gay Democrat, former South Bend Mayor, and former Biden administration official. But the scary thing is if this can happen to Buttigieg-- with lawyers, money, public visibility and political connections-- imagine what it means for ordinary people. Most Americans do not have immediate access to attorneys or the ability to call national news reporters, or tough local journalists like those at The Odon Journal, when government officials arrive at their home.
That behavior of DCS here and in other local cases should alarm conservatives and liberals alike. I can recount to you contemporary, specific instances in southern Indiana that would shock your conscience. Maybe a future article.
Innocent until proven guilty is a hallmark of our criminal justice system, but in many DCS cases, it becomes the opposite. Yes, child-protection systems need anonymous reporting because real abuse directed at children happens on the daily. But the government’s obligation to protect children cannot become a license for malicious people, in the public or private sector, to weaponize the system against families they do not prefer.
Decided this week, the crazy woman who made the allegation will not face criminal charges after a prosecutor determined that psychiatric problems prevented her from forming the required criminal intent for bringing charges. Honestly, that makes sense. But why is DCS given license to run crazy ideas forward?
The larger warning is simple: Government powers created for extraordinary circumstances frequently affects normal, ordinary citizens. Exhibit 2 is the State Department of Health just six short years ago.
Today, the anonymous complainant's target may be Pete Buttigieg. Tomorrow, it could be you or I. Remember that you read this article when it happens.
DCS and government in general must have checks and balances on their power and authority, just like most institutions. No one is perfect. Human nature isn't better when one works in the public sector and thus the checks and balances are critically important. I am fond of saying, when the private sector makes a mistake you can change and utilize a competitor. When the government makes a mistake, then what?
Government intervention can seriously harm innocent families.
The government needs restrained.