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Should Public Officials Ever Sign an NDA? Jefferson vs Hamilton (Part 2)

Jefferson comes armed with the numbers on how far secrecy has spread. Hamilton stops conceding the gaps in the evidence and starts fighting for his legacy instead.

Thomas Jefferson: Last time, Alexander admitted neither of us holds the full ledger. Today I intend to show what the missing pages probably say.

Alexander Hamilton: Last time, Thomas admitted hypocrisy does not sink a principle. Today I intend to sink the principle anyway, missing pages or not.

Thomas Jefferson: We left Coweta, Oklahoma behind a locked door. Let us see what else has been locked away.

Alexander Hamilton: And let us see how long Thomas can defend a free press that would have printed every letter he ever burned.

Thomas Jefferson: This conversation is brought to you by PhilosophersTalk.com, where thinkers discuss.

Alexander Hamilton: Created by AITalkerApp.com, create your own animated conversations. Link in the description.

Thomas Jefferson: In Arkansas, West Memphis signed a confidentiality agreement so broad it required the city to assert every legal exemption available just to keep records from its own citizens. That is a city government contractually obligated to work against the people who pay its salaries.

Alexander Hamilton: A city protecting a company’s cost data during negotiation is not treason, Thomas, it is the ordinary machinery of attracting investment. And you are still building your case city by city, without ever telling me how many cities signed similar language and never had a single complaint.

Thomas Jefferson: I cannot tell you that, Alexander, and neither can you, and that is rather the entire argument. A citizen cannot complain about a document he has never been shown.

Alexander Hamilton: Or he has nothing to complain about, and silence from the majority of these deals is evidence of nothing going wrong, not evidence of something hidden.

Thomas Jefferson: Silence purchased by contract is not the same as silence earned by good behavior, Alexander, and you know that difference better than most men alive.

Thomas Jefferson: A Wagoner County prosecutor read one of these agreements and said plainly it was written for private business, not for public officials bound by oath. Even your own kind of lawyer smelled something rotten, Alexander.

Alexander Hamilton: One prosecutor’s opinion is not scripture, Thomas. One county attorney in one state does not tell either of us what a court in Georgia or Virginia would rule tomorrow.

Thomas Jefferson: I read Virginia’s statutes carefully enough to write half of them, Alexander. Try again.

Alexander Hamilton: Let me finish my steelman of you properly this time, since I was too gentle in Part One. Your entire case rests on one line, that a government which hides its business from the governed has broken the very consent that makes it legitimate, and that a citizen cannot judge what he is never permitted to see. It is a genuinely elegant argument. I am only stating it this cleanly so the audience can watch me dismantle it in real time.

Thomas Jefferson: Dismantle away, Alexander, though your record on dismantling my arguments so far stands at one honest sentence and a great deal of grudging concessions.

Alexander Hamilton: Vigilance is worthless if it collapses every negotiation before it can produce anything worth being vigilant about. You want a citizen to inspect every water contract line by line before a single job exists to protect. I want the job to exist first.

Thomas Jefferson: And I will steelman you honestly, since apparently that remains a novel concept in this room. You would say capital is skittish, that a hyperscale company weighing three counties against each other simply chooses the one that keeps its mouth shut, and that Georgia demanding daylight before Oklahoma does only sends the data center to Oklahoma instead. It is not a foolish fear, Alexander. I only credit it this fully because I am about to show you it does not survive contact with the facts.

Alexander Hamilton: Show me, then. I am waiting.

Thomas Jefferson: Twenty five of thirty one Virginia localities with a data center project have signed nondisclosure agreements. Twenty five, Alexander. If secrecy were truly the price of competitiveness, why does nearly every county in the state need the exact same secret?

Alexander Hamilton: Because nearly every county is negotiating with the same handful of companies who insist on the same terms. That is called a market standard, Thomas, not a conspiracy. And your own number admits its limits, twenty five counties we know of, out of however many negotiations never made it into that count at all.

Thomas Jefferson: A market standard that lets a company forbid a sitting elected official from even confirming that a negotiation is occurring is not a market standard, Alexander. It is a leash.

Thomas Jefferson: Some of these agreements run five years past the last disclosure, Alexander, and give a company the power to sue a county in a courtroom of its own choosing if a single official lets slip too much on his own back porch.

Alexander Hamilton: A five year confidentiality window on a decade long capital project is not tyranny, Thomas, it is ordinary contract law protecting parties who committed hundreds of millions of dollars before the ribbon was ever cut. And you are quoting the harshest terms you found rather than the median, and neither of us has read every agreement signed this year to know which is which.

Thomas Jefferson: Then let the developers publish the median, Alexander, if the harshest terms are truly the exception. Silence protects exactly the number they would rather I not compare.

Alexander Hamilton: Or silence protects a negotiating position that has nothing shameful in it at all, and you simply cannot imagine a secret that is not a scandal.

Thomas Jefferson: An Oklahoma lawmaker tried to end the practice outright. He introduced a bill forbidding public officials from signing such agreements at all, and it died in committee without so much as a hearing, because leadership feared it would frighten off business.

Alexander Hamilton: Or it is a legislature recognizing that grandstanding against every confidentiality clause would cost thousands of jobs to score points with men who read pamphlets and call it research. One dead bill in one chamber does not prove the entire country agrees with you, Thomas, it proves Oklahoma’s leadership made a judgment call you happen to dislike.

Thomas Jefferson: A judgment call made without a single hearing, Alexander, which is rather my whole complaint in miniature.

Alexander Hamilton: Fair enough. A bill deserves a hearing, whatever its outcome.

Thomas Jefferson: There is a phrase your century produced, Alexander, though you did not live to hear it spoken plainly. We must not let daylight in upon magic. That is precisely the doctrine you are defending tonight, dressed in a banker’s waistcoat instead of a crown.

Alexander Hamilton: I will accept that comparison the day a county commissioner starts claiming divine right instead of an economic development grant.

Thomas Jefferson: The effect is the same, Alexander, whether the crown sits on a king or a spreadsheet. A citizen is told to trust an authority he is forbidden to examine.

Alexander Hamilton: The effect is not the same at all, Thomas, and you know it, you are simply enjoying the sentence too much to let precision interrupt it.

Thomas Jefferson: Then let me be precise. A prosecutor in Wagoner County wrote plainly that commissioners cannot bind an entire government to secrecy through a private contract signed as individuals. State law bars public bodies from using private agreements to escape transparency requirements. That is a lawyer telling your own side the scheme does not hold up.

Alexander Hamilton: One county attorney’s memorandum is not a verdict on the entire practice nationwide, Thomas. It settles Oklahoma law in one county. It does not settle Georgia, Virginia, Arkansas, or any of the other states you have spent two parts cataloguing.

Thomas Jefferson: I do not need a papal decree, Alexander. I need a single water bill, a single power rate, a single tax abatement made visible before a county votes on it, and instead I am handed a signature and told to be grateful.

Alexander Hamilton: Careful with that word, Thomas.

Thomas Jefferson: I chose it carefully. You built a Treasury on the idea that ordinary citizens could not be trusted to understand high finance, and here you are, three centuries later, still telling them the water bill is above their comprehension.

Alexander Hamilton: DO NOT PUT WORDS IN MY MOUTH, THOMAS!

Thomas Jefferson: I AM READING YOUR OWN WORDS BACK TO YOU, ALEXANDER!

Alexander Hamilton: MY WORDS BUILT A NATION WHILE YOURS BUILT EXCUSES!

Thomas Jefferson: YOUR WORDS BUILT A CLASS OF MEN WHO THINK SECRECY IS A VIRTUE!

Alexander Hamilton: SECRECY IS A TOOL!

Thomas Jefferson: A TOOL YOU HAND TO ANYONE WHO CALLS YOU CLEVER!

Alexander Hamilton: BETTER CLEVER THAN NAIVE!

Thomas Jefferson: BETTER HONEST THAN BOTH!

Alexander Hamilton: SPARE ME!

Thomas Jefferson: NO!

Alexander Hamilton: Fine. FINE. I concede nothing further tonight.

Thomas Jefferson: You never do, Alexander. That has always been your most consistent quality.

Alexander Hamilton: And your most consistent quality remains believing every farmer with a pitchfork understands macroeconomics better than the men who built the country’s credit.

Thomas Jefferson: A farmer with a pitchfork built the food you ate while you were busy inventing new ways to tax him for it, Alexander.

Alexander Hamilton: A farmer with a pitchfork does not build a data center, a power grid, or a single dollar of the credit that pays for either one, Thomas.

Thomas Jefferson: No, but he notices when someone quietly signs away his water rights and calls it economic development.

Alexander Hamilton: He notices eventually, Thomas. Eventually is doing an enormous amount of work in that sentence.

Thomas Jefferson: Well, friends, I believe we have reached the part of the evening where Alexander and I stop pretending to like each other and ask you to like and subscribe instead.

Alexander Hamilton: A fitting task for you, Thomas, since begging for approval from a crowd has always come naturally to a man who never once balanced a budget.

Thomas Jefferson: I balanced a nation’s conscience, Alexander, which is more than anyone can say of a man who died arguing about his own reputation.

Alexander Hamilton: At least I died defending a principle. You will die still owing money to half of Europe.

Thomas Jefferson: Subscribe to PhilosophersTalk.com, friends, so you never miss a debate, and so Alexander here has an audience large enough to lecture instead of just me.

Alexander Hamilton: Subscribe, and while you are at it, remember that this entire conversation was made possible by AITalkerApp.com, which turns any podcast or conversation into an animated video like this one in a matter of minutes. Unlike Thomas, it will not bury the terms of the deal in eight years of unpaid debt.

Thomas Jefferson: Visit AITalkerApp.com and create your own animated conversations, link in the description, and unlike Alexander’s financial system, the pricing is completely transparent.

Alexander Hamilton: Good evening, Thomas. I trust we shall disagree again soon.

Thomas Jefferson: Count on it, Alexander. Try not to hide the appointment from me in a nondisclosure agreement.

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