“Three years ago a notice was published in the Federal Register re the TPP and requesting comments, pro and con, from EVERY member of the public. It is hard to reconcile the continuing mantra “We have no opportunity for input” when at the very start a request for input was published.“

I found the document you’re talking about, although it would have been helpful if you had simply linked it yourself in the first place.

Honestly this document is so bland and so lacking in detail that to claim there is sufficient information for the public to comment on is flimsy at best. The most info it provides are the topics that may be covered; the best anyone who is not privileged enough to actually have a seat at the table can do is make guesses about the details that will be discussed and try to comment on that, which is a farce of public involvement.

“Now, it seems that so many are focused on “secrecy” associated with its negotiation. This is not at all unusual while substantive discussions are taking place. Lest this be misunderstood, there is the saying “Too many cooks spoil the broth”. I believe it applies here. Once negotiations are substantially complete, a draft will certainly be published for public comment before the agreement is signed.”

By invoking the tiresome phrase “too many cooks spoil the broth” you seem to be saying that less input is better, because more input would make for a poorer outcome without actually providing supporting evidence for why greater input on international trade agreements/treaties would result in a worse outcome than lesser input. I could just as easily invoke the antonym phrase “many hands make for lighter work” as the justification for claiming that secrecy is unnecessary. It’s nonsense. What I will say is that due to the vast number of citizens across signing nations affected by such agreements, it makes sense that the number of participants from public interest groups should at least equal if not outnumber the private corporations involved. Also if the sum of affected entities (corporations, the public) cannot come to an agreement, did it occur to anyone that perhaps the best course of action would be to not enter into an international treaty at this time?

Also publishing a public draft of treaty after the negotiations are complete is also useless. The best outcome from that scenario is another grassroots uprising like we saw with SOPA & PIPA that pressures the government to back down at the last second. The stakes are really too high for the public to be content with being allowed to comment after all the real work has been done.

“I do agree that what appears to be preferred access is a legitimate complaint. What I have to ask, though, is if there is anything preventing other groups from likewise meeting with the TPP negotiatiors? Frankly, I do not know the answer. I hope the answer is yes. I understand that a public presentation intended to solicit public input is to be held at the Australia Round of negotiations in March. Hopefully, those who feel left out of the process will attend and present their views and concerns.“

What exactly is the use in meeting with TPP negotiators if the negotiations themselves are secret? Any negotiator who wanted to keep their seat at the table would be mad to disclose any pertinent, useful information. Also including the public at one time in Australia? If they’re going to allow it once, why not have public inclusion at every negotiation? It makes it pretty clear that any such “inclusion” is probably another farce so everyone can pat themselves on the back and say they got “public” input.

“A final point. It is not reported if this is an executive agreement, or one authorized under authority conferred by Congress. I understand that Congress has held hearings concerning the negotiations, which suggests to me that this is not an executive agreement. Importantly, congressional participation does not mean that the resulting document will be a treaty, and courts have upheld agreements in which Congress participated under conditions other than its treaty powers.“

Hopefully the executive branch doesn’t try and whip out this “executive agreement” nonsense again; as the TPP clearly covers IP laws & issues and therefore falls under the authority of congress, no matter how much the president, the corporations, and their shills wish it were otherwise.