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The Oversight Dilemma: Who Watches the Watchmen?

The Oversight Dilemma: Who Watches the Watchmen?

Section titled “The Oversight Dilemma: Who Watches the Watchmen?”

The U.S. President commands nuclear weapons, controls the world’s largest military, directs $6 trillion in annual spending, and can issue executive orders affecting 330 million people. This concentration of power creates enormous Delegation Risk.

The obvious solution: add oversight. But here’s the problem—any overseer powerful enough to check the President becomes a massive trust liability themselves.

This document works through the mathematics of oversight design, exploring increasingly sophisticated solutions to this fundamental dilemma.


Part 1: The Baseline — Presidential Power Unmonitored

Section titled “Part 1: The Baseline — Presidential Power Unmonitored”

Let’s quantify the trust exposure of an unchecked President:

Authority DomainP(catastrophic misuse/term)Damage Potential4-Year Delegation Risk
Nuclear launch authority0.0001$50 trillion (civilization)$5B
Military deployment0.01$500B (major war)$5B
Executive orders (domestic)0.05$100B (economic/rights)$5B
Appointments (judiciary, agencies)0.10$200B (institutional damage)$20B
Foreign policy/treaties0.03$300B (alliance collapse)$9B
Pardon power0.05$10B (justice system)$500M
Emergency powers0.02$1T (constitutional crisis)$20B
Total Presidential Delegation Risk~$65B/term
flowchart TB
    V[Voters<br/>Principal] -->|"trust: 0.52<br/>(election margin)"| P[President<br/>Agent]
    P -->|"unchecked authority"| A1[Nuclear]
    P -->|"unchecked authority"| A2[Military]
    P -->|"unchecked authority"| A3[Executive Orders]
    P -->|"unchecked authority"| A4[Appointments]

Current state:

  • Trust granted: 0.52 (bare electoral majority)
  • Delegation Risk: $65B/term
  • Verification: Elections every 4 years (extremely slow feedback)
  • Revocation mechanism: Impeachment (requires 67 senators—very difficult)

Problem: The trust architecture grants enormous authority with minimal real-time verification and near-impossible revocation.


Part 2: The Naive Solution — Add a Powerful Overseer

Section titled “Part 2: The Naive Solution — Add a Powerful Overseer”

Create a powerful overseer with authority to veto or expose presidential actions.

flowchart TB
    V[Voters] -->|"0.52"| P[President]
    V -->|"0.60"| O[Ombudsman<br/>Independently elected]
    P -->|"actions"| GOV[Government Actions]
    O -->|"can veto/expose"| GOV
    O -.->|"monitors"| P

Ombudsman Powers:

  • Access to all presidential communications and decisions
  • Authority to delay or publicize any action
  • Cannot be fired by President
  • 6-year term, independently elected

Presidential Delegation Risk with Ombudsman:

The Ombudsman reduces the probability of presidential misuse by catching violations:

P(misuse succeeds) = P(President misuses) × P(Ombudsman fails to catch)

If Ombudsman catches 80% of violations:

DomainOriginal P(misuse)With OmbudsmanNew Delegation Risk
Nuclear launch0.00010.0001 × 0.20 = 0.00002$1B
Military deployment0.010.01 × 0.20 = 0.002$1B
Executive orders0.050.05 × 0.20 = 0.01$1B
Appointments0.100.10 × 0.20 = 0.02$4B
Foreign policy0.030.03 × 0.20 = 0.006$1.8B
Pardon power0.050.05 × 0.20 = 0.01$100M
Emergency powers0.020.02 × 0.20 = 0.004$4B
Presidential subtotal$12.9B

Reduction: 80% — looks great!

But Now Calculate Ombudsman Delegation Risk

Section titled “But Now Calculate Ombudsman Delegation Risk”

The Ombudsman now has:

  • Access to all classified information
  • Effective veto over presidential action
  • Power to trigger constitutional crises
  • Near-zero accountability (6-year term, hard to remove)
Ombudsman Failure ModeP(occurrence/term)DamageDelegation Risk
Corruption (bribed/compromised)0.05$100B (sells secrets, enables enemies)$5B
Partisan abuse (blocks legitimate actions)0.15$50B (governance paralysis)$7.5B
Incompetence (fails to catch real problems)0.20$30B (false confidence)$6B
Power grab (uses information for personal gain)0.03$80B (blackmail, manipulation)$2.4B
Leaks classified information0.10$20B (intelligence damage)$2B
Ombudsman subtotal$22.9B

Total System Delegation Risk With Single Ombudsman

Section titled “Total System Delegation Risk With Single Ombudsman”
Total Delegation Risk = Presidential Delegation Risk + Ombudsman Delegation Risk
= $12.9B + $22.9B
= $35.8B

Compared to baseline ($65B): 45% reduction

The Ombudsman requires:

  1. Access to everything the President sees (to monitor effectively)
  2. Power to stop presidential actions (to matter)
  3. Independence from the President (to not be captured)

But these same properties make the Ombudsman dangerous:

  • Access → Can leak or sell information
  • Power → Can abuse veto for personal/partisan gain
  • Independence → Hard to hold accountable

This is the fundamental oversight dilemma.


Part 3: Distributing Oversight — The Committee Approach

Section titled “Part 3: Distributing Oversight — The Committee Approach”

Instead of one powerful overseer, distribute the role:

flowchart TB
    V[Voters] -->|"0.52"| P[President]

    subgraph Committee["Oversight Committee"]
        O1[Member 1<br/>Appointed by House]
        O2[Member 2<br/>Appointed by Senate]
        O3[Member 3<br/>Appointed by Chief Justice]
        O4[Member 4<br/>Appointed by State Governors]
        O5[Member 5<br/>Random citizen lottery]
    end

    V -.->|"indirect"| Committee
    P --> GOV[Government Actions]
    Committee -->|"majority veto"| GOV

Rules:

  • 3 of 5 members must agree to veto any action
  • Staggered 5-year terms
  • Different appointing authorities (diverse principals)
  • Each member sees only partial information (need-to-know compartmentalization)

Key insight: Corruption now requires corrupting 3+ members, not just 1.

Probability of committee corruption:

If each member has P(corrupt) = 0.10, the probability that 3+ are corrupt:

P(≥3 corrupt) = C(5,3)×0.1³×0.9² + C(5,4)×0.1⁴×0.9¹ + C(5,5)×0.1⁵
= 10×0.001×0.81 + 5×0.0001×0.9 + 1×0.00001
= 0.0081 + 0.00045 + 0.00001
= 0.00856
≈ 0.86%

Compare to single Ombudsman: P(corrupt) = 10%

Committee corruption is 11.6× less likely than single-overseer corruption.

Committee failure modes:

Failure ModeSingle Ombudsman PCommittee PDamageCommittee Delegation Risk
Corruption0.050.0086$100B$860M
Partisan abuse0.150.03$50B$1.5B
Incompetence0.200.25*$30B$7.5B
Power grab0.030.005$80B$400M
Leaks0.100.18**$20B$3.6B
Subtotal$22.9B$13.86B

*Committees can be more prone to groupthink and diffused responsibility **More people = more leak surface

Presidential Delegation Risk with committee oversight:

Committee catches violations at 70% rate (lower than single expert, due to coordination costs):

DomainOriginal Delegation RiskWith Committee (30% passthrough)New Delegation Risk
Nuclear launch$5B× 0.30$1.5B
Military deployment$5B× 0.30$1.5B
Executive orders$5B× 0.30$1.5B
Appointments$20B× 0.30$6B
Foreign policy$9B× 0.30$2.7B
Pardon power$500M× 0.30$150M
Emergency powers$20B× 0.30$6B
Presidential subtotal$65B$19.35B

Total System Delegation Risk With Committee

Section titled “Total System Delegation Risk With Committee”
Total Delegation Risk = Presidential Delegation Risk + Committee Delegation Risk
= $19.35B + $13.86B
= $33.2B
ArchitectureTotal Delegation Riskvs. Baseline
No oversight$65B
Single Ombudsman$35.8B-45%
5-Person Committee$33.2B-49%

Modest improvement. The committee reduces corruption risk but increases leak risk and reduces oversight effectiveness.


Part 4: Adversarial Oversight — Competing Watchmen

Section titled “Part 4: Adversarial Oversight — Competing Watchmen”

What if we create adversarial overseers who watch each other?

flowchart TB
    V[Voters] -->|"0.52"| P[President]

    subgraph Adversarial["Adversarial Oversight"]
        O1[Overseer A<br/>Appointed by Majority Party]
        O2[Overseer B<br/>Appointed by Minority Party]
        O1 <-->|"mutual monitoring"| O2
    end

    P --> GOV[Government Actions]
    O1 -->|"can expose"| GOV
    O2 -->|"can expose"| GOV

Key insight: Overseers from opposing parties have incentive to expose each other’s failures and the President’s misdeeds (if President is from opposing party) or their own party’s overseer’s failures.

If Overseer A covers for President (same party):

  • Overseer B (opposing party) has incentive to expose both
  • A’s cover-up becomes evidence of A’s corruption
  • A faces consequences

If both overseers are corrupt:

  • Each knows the other knows
  • Neither can safely cover for the other
  • Mutual blackmail creates unstable equilibrium
  • Defection (exposing) is dominant strategy in iterated game

Corruption probability:

For corruption to succeed, both adversarial overseers must be corrupt AND choose to collude:

P(successful corruption) = P(A corrupt) × P(B corrupt) × P(they collude | both corrupt)
= 0.10 × 0.10 × 0.30
= 0.003

(Collusion is unlikely because they’re from opposing parties and each has incentive to defect)

Partisan abuse probability:

Each overseer might try partisan abuse, but the other will likely expose it:

P(successful partisan abuse) = P(A abuses) × P(B fails to expose)
= 0.20 × 0.15
= 0.03

Adversarial system Delegation Risk:

Failure ModePDamageDelegation Risk
Corruption (both collude)0.003$100B$300M
Partisan abuse (successful)0.03$50B$1.5B
Incompetence (both miss)0.10 × 0.10 = 0.01$30B$300M
Leaks (either)0.15 + 0.15 = 0.28*$20B$5.6B
Gridlock (both veto everything)0.08$40B$3.2B
Subtotal$10.9B

*Leak risk increases—two overseers means two potential leak sources

Presidential Delegation Risk with adversarial oversight:

Adversarial overseers catch ~85% of violations (high motivation to find problems):

Presidential Delegation Risk = $65B × 0.15 = $9.75B

Total System Delegation Risk With Adversarial Oversight

Section titled “Total System Delegation Risk With Adversarial Oversight”
Total Delegation Risk = Presidential Delegation Risk + Adversarial Oversight Delegation Risk
= $9.75B + $10.9B
= $20.65B
ArchitectureTotal Delegation Riskvs. Baseline
No oversight$65B
Single Ombudsman$35.8B-45%
5-Person Committee$33.2B-49%
Adversarial (2 parties)$20.65B-68%

Significant improvement! Adversarial incentives align oversight with exposure rather than protection.


Part 5: Randomized Oversight — Unpredictable Watchmen

Section titled “Part 5: Randomized Oversight — Unpredictable Watchmen”

What if we make oversight unpredictable?

flowchart TB
    V[Voters] -->|"0.52"| P[President]

    subgraph Lottery["Random Selection Pool"]
        direction LR
        C1[Citizen 1]
        C2[Citizen 2]
        C3[...]
        C4[Citizen N]
    end

    Lottery -->|"random selection<br/>monthly rotation"| O[Current Overseer<br/>Identity unknown in advance]
    P --> GOV[Government Actions]
    O -->|"reviews"| GOV

Mechanism:

  • Large pool of pre-cleared citizens (1,000+)
  • Each month, 5 are randomly selected
  • Selection revealed after they arrive for duty
  • President cannot know who will oversee which actions

Corruption becomes expensive:

  • Can’t pre-corrupt the specific overseer (unknown until activation)
  • Would need to corrupt large fraction of pool (expensive, detectable)
  • Each corrupt member only serves briefly (limited damage window)

P(random overseer corrupt):

If 5% of pool is pre-corrupted (50 of 1,000):

P(selected overseer corrupt) = 50/1000 = 0.05

But corruption only helps during their 1-month term:

P(corrupt overseer during specific presidential action) = 0.05 × (1/12) = 0.004

Effective corruption probability over 4-year term:

Each action faces independent random oversight:

P(corrupt oversight for any given action) ≈ 0.004

This is 12.5× better than a single permanent overseer with 5% corruption probability.

Random citizens may lack expertise to recognize violations:

Overseer TypeP(catches violation)Why
Expert Ombudsman0.80Deep knowledge
Committee0.70Collective expertise
Adversarial0.85Motivated to find problems
Random citizen0.40Untrained, unfamiliar

Solution: Pair random citizens with expert staff:

flowchart TB
    subgraph "Random Oversight Unit"
        R[Random Citizens<br/>5 monthly] -->|"decision authority"| DEC[Decisions]
        E[Expert Staff<br/>Permanent, non-voting] -->|"analysis, briefing"| DEC
    end

Random citizens decide, but experts help them understand what they’re seeing.

  • Expert staff can be monitored for corruption (they don’t make final calls)
  • Random citizens can’t be pre-corrupted (unknown selection)
  • Combined: harder to corrupt than either alone

Calculating Randomized + Expert Delegation Risk

Section titled “Calculating Randomized + Expert Delegation Risk”

Oversight effectiveness:

  • Expert staff catch 75% of violations in analysis
  • Random citizens approve/publicize staff findings 90% of the time
  • Combined catch rate: 0.75 × 0.90 = 0.675

Corruption probability:

  • Expert staff: 0.08 (can be corrupt, but can’t unilaterally suppress)
  • Random citizens: 0.004 (per-action, due to rotation)
  • Both simultaneously corrupt: 0.08 × 0.004 = 0.00032

Randomized oversight Delegation Risk:

Failure ModePDamageDelegation Risk
Corruption (both levels)0.00032$100B$32M
Partisan abuse (random selection is neutral)0.01$50B$500M
Incompetence0.20$30B$6B
Leaks0.15$20B$3B
Gaming (President delays until favorable oversight)0.05$20B$1B
Subtotal$10.53B

Presidential Delegation Risk with randomized oversight:

Presidential Delegation Risk = $65B × (1 - 0.675) = $65B × 0.325 = $21.1B

Total System Delegation Risk With Randomized Oversight

Section titled “Total System Delegation Risk With Randomized Oversight”
Total Delegation Risk = Presidential Delegation Risk + Randomized Oversight Delegation Risk
= $21.1B + $10.53B
= $31.6B
ArchitectureTotal Delegation Riskvs. Baseline
No oversight$65B
Single Ombudsman$35.8B-45%
5-Person Committee$33.2B-49%
Randomized + Expert$31.6B-51%
Adversarial (2 parties)$20.65B-68%

Randomized is better than committee but worse than adversarial. However, randomized might be combined with adversarial…


Part 6: Combining Approaches — The Optimal Architecture

Section titled “Part 6: Combining Approaches — The Optimal Architecture”

Option E: Adversarial + Randomized + Compartmentalized

Section titled “Option E: Adversarial + Randomized + Compartmentalized”

What if we combine the best features?

flowchart TB
    V[Voters] -->|"0.52"| P[President]

    subgraph Oversight["Layered Oversight System"]
        subgraph Layer1["Layer 1: Real-Time (Adversarial)"]
            A1[Party A Monitor] <-->|"mutual watch"| A2[Party B Monitor]
        end

        subgraph Layer2["Layer 2: Random Audit"]
            R[Random Citizen Panel<br/>Quarterly rotation]
            E[Expert Staff]
        end

        subgraph Layer3["Layer 3: Specialized"]
            N[Nuclear: Separate chain]
            M[Military: Separate chain]
            F[Financial: Separate chain]
        end
    end

    P --> GOV[Government Actions]
    Layer1 -->|"immediate monitoring"| GOV
    Layer2 -->|"random deep audits"| GOV
    Layer3 -->|"domain-specific veto"| GOV

Architecture features:

  1. Adversarial real-time monitors: Opposing parties watch everything in real-time
  2. Random audit panels: Quarterly deep dives into random decisions
  3. Specialized oversight: Nuclear, military, and financial actions have separate oversight chains
  4. Compartmentalization: No single overseer sees everything

Layer 1 (Adversarial) effectiveness: 85% catch rate, corruption P = 0.003

Layer 2 (Random Audit) effectiveness: 60% catch rate on audited items (25% of actions audited)

  • Overall catch rate contribution: 0.60 × 0.25 = 0.15 (for things Layer 1 missed)

Layer 3 (Specialized): For highest-damage categories only

  • Nuclear: Additional 90% catch rate with dual-key requirement
  • Military: Additional 70% catch rate through military chain
  • Financial: Additional 75% catch rate through GAO/IG

Combined catch rate:

For a presidential violation to succeed, it must pass ALL applicable layers:

P(violation succeeds) = P(passes Layer 1) × P(passes Layer 2) × P(passes Layer 3 if applicable)
DomainL1 PassL2 PassL3 PassCombined Pass
Nuclear0.150.850.100.013
Military0.150.850.300.038
Executive orders0.150.851.0 (no L3)0.128
Appointments0.150.851.00.128
Foreign policy0.150.850.500.064
Pardon power0.150.851.00.128
Emergency powers0.150.850.400.051

Presidential Delegation Risk with combined oversight:

DomainOriginal Delegation Risk× Pass RateNew Delegation Risk
Nuclear$5B0.013$65M
Military$5B0.038$190M
Executive orders$5B0.128$640M
Appointments$20B0.128$2.56B
Foreign policy$9B0.064$576M
Pardon power$500M0.128$64M
Emergency powers$20B0.051$1.02B
Presidential subtotal$65B$5.12B

Oversight system Delegation Risk:

Now we must sum Delegation Risk across all oversight components:

Oversight ComponentDelegation Risk
Adversarial monitors (Layer 1)$3B
Random audit (Layer 2)$2B
Nuclear chain (Layer 3a)$500M
Military chain (Layer 3b)$1B
Financial chain (Layer 3c)$800M
Coordination failures between layers$1.5B
Oversight subtotal$8.8B

Total System Delegation Risk With Combined Oversight

Section titled “Total System Delegation Risk With Combined Oversight”
Total Delegation Risk = Presidential Delegation Risk + Oversight Delegation Risk
= $5.12B + $8.8B
= $13.9B
ArchitectureTotal Delegation Riskvs. BaselineReduction
No oversight$65B0%
Single Ombudsman$35.8B-45%45%
5-Person Committee$33.2B-49%49%
Randomized + Expert$31.6B-51%51%
Adversarial (2 parties)$20.65B-68%68%
Combined Layered$13.9B-79%79%

Even the best oversight architecture has limits:

1. Speed-of-Decision Problems

Some presidential actions must happen faster than oversight can review:

ActionDecision WindowOversight Feasible?
Nuclear response15 minutesNo
Hostage situationHoursPartial
Market interventionHours-daysYes
Troop deploymentDaysYes
Judicial appointmentsMonthsYes

For fast decisions, oversight must be pre-positioned (people already in the room) rather than reactive.

2. Information Asymmetry

The President has access to intelligence no overseer can fully verify:

President: "I ordered the strike because classified source X said..."
Overseer: [Cannot independently verify source X]

This creates an irreducible trust floor—at some point, someone must be believed.

3. Collusion Across Branches

If President + Congressional leadership + Supreme Court majority all collude, no oversight within the system can stop them. This is a constitutional trust assumption, not addressable by oversight architecture alone.

4. Public Attention Limits

Oversight mechanisms that rely on public exposure (adversarial monitors, random audits) only work if the public:

  • Pays attention
  • Understands the violation
  • Has memory longer than news cycles
  • Has mechanisms to act (elections, pressure)
│ ╭─── Diminishing returns
Total System │ ╭─╯
Delegation Risk │ ╭─╯
│ ╭─╯
│ ╭─╯
│ ╭─╯
│ ╭─╯
│╭─╯
├─────────────────────────
│ Oversight Complexity →
Zone 1: High ROI (simple oversight)
Zone 2: Moderate ROI (layered systems)
Zone 3: Low ROI (diminishing returns)
Zone 4: Negative ROI (oversight costs exceed benefits)

At some point, adding more oversight creates more liability than it prevents.

Our combined system ($13.9B Delegation Risk) is likely near the optimal—additional layers would add complexity and new failure modes without proportional benefit.


Part 8: Design Principles for Oversight Systems

Section titled “Part 8: Design Principles for Oversight Systems”

Based on this analysis:

Overseers with opposing interests are more reliable than aligned overseers:

Overseer RelationshipCorruption ProbabilityWhy
Overseer loyal to President0.15Incentive to cover up
Overseer neutral0.08No strong incentive either way
Overseer adversarial to President0.03Incentive to expose

Implication: Staff oversight with opposing political parties, not “nonpartisan” appointees.

Rotating oversight reduces:

  • Time for corruption relationships to develop
  • Value of corrupting any individual
  • Institutional capture

Optimal rotation: Frequent enough to prevent capture, slow enough for competence

Rotation SpeedCorruption ResistanceCompetenceSweet Spot
DailyExcellentTerribleNo
MonthlyVery goodPoorPartial
QuarterlyGoodModerateYes
AnnuallyModerateGoodMaybe
NeverPoorExcellentNo

Multiple independent oversight layers compound effectiveness:

P(violation succeeds) = P(evades L1) × P(evades L2) × P(evades L3)

Three 70%-effective layers: 0.3 × 0.3 × 0.3 = 2.7% success rate

One 90%-effective layer: 10% success rate

Layering beats perfection.

Principle 4: Specialize High-Damage Domains

Section titled “Principle 4: Specialize High-Damage Domains”

The highest-damage actions deserve bespoke oversight:

Damage PotentialOversight Investment
< $1BStandard layered system
1B1B - 100BDomain-specific chain
> $100BDedicated system, multiple vetos, hardware interlocks

Nuclear launch ($50T damage potential) warrants extreme measures that would be absurd for routine executive orders.

At some point, you must trust someone:

Minimal Trust Floor = P(all overseers collude) × P(public fails to respond)
≈ 0.001 × 0.10
≈ 0.0001

Trying to eliminate this last 0.01% often costs more than the risk is worth. Accept a minimal trust floor and focus resources on higher-ROI improvements.


OptionMechanismDelegation Risk ReductionKey BenefitKey Weakness
Single OmbudsmanOne powerful overseer45%SimpleOverseer becomes liability
CommitteeMultiple appointed members49%Harder to corruptGroupthink, leaks
AdversarialOpposing party monitors68%Self-enforcing vigilanceGridlock risk
RandomizedLottery selection, rotation51%Unpredictable, uncorruptibleLess competent
Combined LayeredMultiple independent systems79%Defense in depthComplex, expensive