From the category archives:

News

“Scoop” Keeling, Matt Naugle, and Kyle Sisk get another one absolutely wrong.  After spending the last few weeks trying to turn a thwarted legal tobacco smuggling plot into the next Coingate, the Columbus Dispatch reports today what I said last week.

The biggest reason the bust couldn’t go through had nothing to do with the Governor or politics, it was because there were serious doubts that any criminal law would be broken under the plot.

“State officials now believe the plan involved tobacco – not drugs.”

Actually, even that is inaccurate reporting.  From my sources, it was that everyone involved believed it was likely that the item to be smuggled was tobacco all along.  It’s just that those pushing for the raid at the Governor’s Mansion held out the possibility that it might instead be drugs, while the rest of the Ohio Highway Patrol and the Ohio Department of Public Safety did not think the proposed course of action was warranted given the probability that the item was only some cancer sticks.

The Dispatch also has finally reported that this was not a case of disagreement with civilian appointees in the Ohio Department of Public Safety and the uniformed officers of the Highway Patrol.  Instead, even the Highway Patrol’s Superintendent expressed “surprise” by the plan and was the person who instead advocated the “tell the inmate’s wife not to even think about it”.

Although the Dispatch notes that the Ohio Department of Public Safety kept the Governor’s Chief Legal Counsel, Kent Markus in the loop, the report lacks any indication that Mr. Markus, or the Governor’s office, in any way or form, attempted to influence the decision by the Highway Patrol and the Ohio Department of Public Safety on how to proceed.

In other words, there’s no evidence that Ken Marcus did anything but be briefed about the situation… which, as Chief Legal Counsel, was his job.

Just Thursday, “Scoop” Carpetblogger was suggesting that this was the makings of a felony conviction for Marcus over this particular story.  Today, the Dispatch essentially admits that they could find no involvement by Marcus, only that he was told what was going on and what law enforcement ultimately decided to do.

Nobody should ever believe any story being promoted by Keeling, Sisk, or Naugle.  That’s probably why they haven’t written one word about today’s Dispatch story.

First, Keeling and Naugle blatantly get the facts wrong about the ACORN settlement, now the thwarted tobacco raid (thwarted for that silly reason that law enforcement only investigates crimes.)  What’s next?

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“Scoop” Keeling gets yet another Ohio news story completely wrong.

Remember how the conservative Buckeye Institute claimed that their private RICO lawsuit forced ACORN into a settlement that kicked it out of Ohio and from any voter registration or GOTV efforts altogether in the State?

Yeah, it turns out that just like the overblown allegations of voter fraud, it was completely meritless.

From the Associated Press, we learn that the settlement agreement did not force ACORN to surrender its business license in Ohio at all:

ACORN also has agreed to surrender its Ohio business license and has ceased operations in Ohio “for reasons unrelated” to the lawsuit, the agreement says.

As ACORN stated last week, it had ALREADY ended its operations in Ohio before the settlement agreement due to budgetary concerns. 

Oh, and as for not engaging in Ohio in the future?  All the settlement agreement requires is that ACORN “refrain in Ohio from supporting or enabling others ‘to engage in the type of unlawful conduct alleged’ in the lawsuit.”

In other words, ACORN is able to come back into the State so long as they or any group they support or enable does not engage in unlawful conduct… which of course, is something they would naturally be obligated to do as an incorporated entity doing business in the State in the first place.  There is absolutely nothing in the reported settlement that prevents ACORN for conducting voter registration drives in Ohio.  Nothing.

In short, this Associated Press story strongly indicates that this “settlement” was a pure “walk away settlement” and the Plaintiff’s suit actually achieved nothing.

The Buckeye Institute just got caught doing an endzone dance in the wrong endzone.

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From the Granville Sentinel:

A hot button statewide issue could determine whether Granville Township will have turn to local taxpayers to bolster its general fund, township officials say.

The repeal or paring down of the inheritance tax — proposed by a candidate for governor and a state legislator, respectively –coming on the heels of falling state and local revenues, would necessitate a request for a local operating tax levy, said Fred Abraham, chair of the township trustees.

The inheritance tax is one of several state and local sources of revenue for the general fund. But in this year’s general fund budget, it is by far the largest local source, projected to supply $140,000. With a bill pending in the Ohio House of Representatives to pare it down and allow for local repeal and with gubernatorial candidate John Kasich’s stand in favor of its repeal, the chances of the tax remaining as a source of Township revenue are fading, Abraham said.

If the inheritance tax is repealed, the township budget will be in a deficit situation in 2012, according to a five-year budget forecast drawn up by Township Fiscal Officer Norm Kennedy. That would necessitate the need for an operating levy, Abraham said.

If the inheritance remains in place, he said, “we will be in somewhat good shape still for some time.”

Kasich’s tax plan will turn this fiscally sound township government and create deficit that will require a massive property tax increase to avoid.

Kasich’s not repealing the tax burden, he’s just going to shift it around with higher local property and sales taxes. 

The only way he can avoid that is to replace the lost revenues to local governments by replacing that lost revenue with appropriations from the general revenue.  Which, itself, is going to be decimated by his plan to repeal the income tax over time.

Anyone who honestly thinks that the State of Ohio will not, on some level, supplement the local governments for the lost revenue caused by an estate tax repeal is DELUSIONAL.  His two tax plans combine create a one-two punch that makes the math impossible to figure out how he’s going to do it “responsibly…”  And how impossible does that make the math?

According to the Columbus Business First newspaper, Kasich defined it as:

“Kasich said he and his team hope to have about 70 percent of their state government reform agenda figured out by November.”

So, John Kasich admits that it’s not that he’s not ready to release details on his plan, IT’S THAT HE AND HIS CAMPAIGN HAVE YET TO FIGURE OUT THEMSELVES!!!

Even, worse, Kasich-Taylor hopes, hopes, HOPES, that they may have it 70% figured out come the general election.

WTF?!?

When I was in school, a 70% answer was a C-.

And Kasich-Taylor are crossing their fingers, with their eyes shut tight in the hopes that the teacher (media) doesn’t call on them to answer any questions yet, so that they can rush home and cram all night and maybe get that C- on the big test tomorrow?!?  That’s what they’re hoping to offer?  (No wonder Kasich has been refusing to do any interviews outside of conservative-friendly media.)

Higher property taxes, massive cuts in law enforcement, colleges, and schools, and a goal to hope to have a C- answer on how you’ll pay for something you’ve been talking about for FOUR YEARS; that’s Kasich’s “New Day” of fiscal irresponsibility?

Maybe Kasich-Taylor’s elections slogan should instead be– “Kasich-Taylor: The Audacity of Nope.”

Leave to John Kasich to reform the Ohio Republican Party to adopt the fine traditions of the old “Know Nothing Party.”

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The State of Ohio is expecting that the Obama Administration will announce that it will receive $400 million of the $564 million it requested in ARRA federal stimulus funds to implement the 3C rail project.

Officials have said that this is sufficient funding to start passenger rail service among Cincinnati, Dayton, Columbus, and Cleveland by 2012.

Eventually, once there is a reliable source of dependable passenger rail service in Ohio, the 3C rail project is expected to be a precursor to a high-speed rail service.

There are unsubstantiated reports that a company will open a plant in the Columbus area to manufacture passenger rail cars needed for this project.

With nearly 25% of Ohio’s urban residents owning no vehicle of their own, passenger rail service will provide affordable statewide transportation.  It’ll also be a boon to intrastate tourism.

Here’s some of the economic benefits from the 3C Plan:

  • Generates additional $111 million in potential consumer spending
  • Potential to add at least $1.2 billion to Ohio’s economy
  • Generates more than 11,000 potential jobs
  • Creates at least 255 construction jobs over a two year period
  • $1 in passenger rail development can generate $3 in economic benefit
  • Creates opportunities to revitalize vibrant urban cores
  • Attracts and retains young professionals

Here’s the list of government officials and public interest groups that have already endorsed the 3C plan.

And be sure to read about the details of the proposed stations in Dayton and Cleveland as examples of what this project means for Ohio’s major cities.

This is great news for Ohio.

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How often do you see this?  Today, the Ohio Department of Rehabilitation and Corrections announced, via an affidavit in federal court, that it has adopted a new lethal injection protocol.  The protocol was necessary after several death row inmates challenged the constitutionality of Ohio’s lethal injection method of executions under the Eighth Amendment of the U.S. Constitution after a few executions were practically botched.  In fact, Governor Strickland issued a temporary reprieve of one inmate, after he spent two hours literally sobbing on the execution table as he unsuccessfully tried to assist the execution team find a suitable vein in which to kill him.  The new protocols actually was warmly received by an attorney from the Ohio Public Defender’s Office, which had been challenging Ohio’s lethal injection method of execution in federal court.

According to the Hamilton Pulse Journal, Ohio will be the only state in the nation to use one drug ,as opposed to a cocktail of three administered separately, in its criminal executions.

Terry Collins, director of the Ohio Department of Rehabilitation and Correction, said executioners will use a five-gram dose of thiopental sodium, 2.5 times the amount previously used, to cause condemned inmates to go to sleep and stop breathing. The state no longer will use two other drugs, pancuronium bromide and potassium chloride, that paralyzed the muscles and stopped the heart.

If viable veins cannot be found, executioners will use an intramuscular injection of two drugs, midazolam and hydromorphone, which also would put the inmate to sleep and stop respiration.

In reaction, one of the lawyers from the Ohio’s Public Defender’s Office issued qualified praise:

“I’d like to congratulate Ohio on taking a first and major step in correcting problems with the execution protocol,” said Ohio Public Defender Tim Young, whose office represents many death row inmates. “It’s a major step for Ohio and a major step for painless executions. I would encourage other states to follow Ohio’s lead.”

Young said his only disappointment with the plan is that Collins didn’t place a limit on the time spent or number of attempts made in attempting intravenous injections before switching to the alternate method.

Governor Strickland, who issued the reprieve for condemned murderer and rapist Romell Broom, issued a statement as well:

“The Ohio Department of Rehabilitation and Correction has completed a thorough review of an alternative and backup lethal injection protocol.  I believe the department’s assessment and recommendation for changes to the current lethal injection protocol are reasonable and in accordance with Ohio’s lethal injection law. 

“I would like to thank Director Terry Collins and his staff for their diligent and careful review and for ensuring that Ohio’s capital punishment law will continue to be administered fairly and effectively.”

One of the unanswered questions, though, is whether the State’s intent to try to execute Romell Broom is constitutional.  Last month, I wrote this post at BSB regarding this issue.

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I didn’t hear much about this yesterday, but there was a hearing before the Senate subcommittee looking into the UT mine disaster last month. More evidence of how pathetic the Bush Administration is…and I agree with the president of the United Mineworkers (full disclosure: this is another union my company works with) that SOMEONE needs to be held responsible, especially when these details start coming to light:

Reporting from the hearing, and for the AFL-CIO blog, was Mike Hall:

Much of this morning’s hearing centered on a controversial mining plan submitted by Murray Energy Corp. and approved by MSHA [within 7 days!] that called for the use of “retreat mining“—a mining method most safety experts say is much more dangerous than conventional methods. That belief is boosted by the fact that the mine’s previous owner had ruled against its use because of safety concerns, says Mine Workers (UMWA) President Cecil Roberts.

[Mine Safety and Health Administration (MSHA) chief] Stickler, Roberts and former MSHA administrator J. Davitt McAteer were among the witnesses at the Senate Appropriations Committee’s Labor, Health and Human Services subcommittee hearing. Murray Energy CEO Robert Murray turned down the subcommittee’s request to testify and now may be forced to appear. Says Sen. Arlen Specter (R-Pa.): “First he says he’s too busy and now he says he’s too sick. I’m personally convinced that we need and will issue a subpoena here.”

Hmmmm…if I remember correctly, Murray was never too busy or too sick to appear before TV cameras…

Anyway, Murray has told the media that this is an “evil mountain.” I don’t know…I have a feeling the families may feel he’s an “evil man.” Again, from the AFL-CIO blog:

Roberts said the mine’s previous owner, Andalex Resources, already had extracted all the coal that could be mined safely. [He said,] “In essence, the only coal remaining in the mine was the barriers and pillars necessary to support the roof of the mine’s main entrance….There can be no doubt that the mountain over the mine was exerting extreme pressure on the remaining coal, which was supporting the mine roof. Murray Energy was extracting that coal, using the pillar extraction method [retreat mining], at the time of the catastrophic collapse.”

After you read the AFL-CIO blog, check out the UMWA president’s post to Huffington Post here.

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A federal judge yesterday knocked down some provisions of the Patriot Act.

A federal judge today struck down portions of the USA Patriot Act as unconstitutional, ordering the FBI to stop issuing “national security letters” that secretly demand customer information from Internet service providers and other businesses.

U.S. District Judge Victor Marrero in New York ruled that the landmark anti-terrorism law violates the First Amendment and the Constitution’s separation of powers provisions because it effectively prohibits recipients of the FBI letters (NSLs) from revealing their existence and does not provide adequate judicial oversight of the process.

Whew.

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Two thoughts: 1) Wow! and 2) Particularly considering it just so happens to be Iowa, it will be extra interesting to see how this ongoing story will play out alongside the presidential primary election.

From the Chicago Tribune:

DES MOINES, Iowa – A Polk County judge on Thursday struck down Iowa’s law banning gay marriage and ordered the county recorder to permit gay and lesbian couples to marry.

Less than two hours after word of the ruling was publicized, two Des Moines men applied at the Polk County recorder’s office for a marriage license, and for the first time the application was accepted. The process of granting a license to marry in Iowa takes three days. [click to continue…]

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When I finally got close to the front of the line at my polling place in 2004, a pollworker told me to cover my T-shirt. It had the words “Vote Explosion” on it.

Seeing as I had nothing to cover it with and had just spent 3 hours in line, I politely pointed out that there was no partisanship expressed by the shirt. Vote Explosion was just a loose group of friends registering folks to vote at rock shows. She replied that they were trying to avoid even the slightest possible implication of impropriety.

OK, fair enough. Polling places are supposed to be inner sanctums of nonpartisanhip. Neither voters nor pollworkers may wear political shirts, stickers, or buttons within a 100 foot radius. Although the words “Vote Explosion” aren’t explicitly partisan, neither are the words “Eagle Forum” or “MoveOn.” I think it was a wise move to err on the side of overzealousness, and simply prohibit T-shirts bearing all of the above.

The guy behind me in line loaned me his sweatshirt, and I was able to step forth to express my partisanship in the privacy of the voting booth. As an ongoing tribute of thanks to sweatshirt guy, ever since that day I’ve stowed an extra large, plain T-shirt in my purse whenever I go to vote – just in case a fellow voter is asked to cover up.

Until I read Monday’s Columbus Dispatch, it had never occurred to me that I might someday want to offer my spare shirt to a pollworker.

As part of its “Day of Democracy” effort to fill 2,200 pollworker spots in 548 precincts, Montgomery County Board of Elections deputy director Betty Smith told Dayton Right to Life executive director Christi Dodson that the organization’s logo would be permitted to be emblazoned on the chests of pollworkers.

A shortage of poll workers prompted the Montgomery County Board of Elections’ “Day of Democracy” program, which allowed companies and organizations to put forth their logo-wearing employees as elections workers.

The idea was that companies and organizations would be more willing to recruit employees or members to work the polls if they could get a little free advertising in return. Union members, for example, wore shirts bearing their union’s logo while working the May 8 primary.

According to the Dayton Daily News, “although Right to Life sent people to work at the polls in May, none wore the group’s shirts because they were not ready, said Christi Dodson, executive director.”

“This was strictly a marketing tool,” said Betty Smith, a Republican who is the board’s deputy director. “It was not put together to have any political agenda.”

Did Smith think that as long as all the organizations that produced pollworkers were allowed to wear their t-shirts, it would be o.k.? Equal opportunity and such?

Betty Smith obviously showed unacceptable ignorance and lack of good judgment, but equally culpable are organizations that took her up on the offer. Leaders of any politically-oriented organization should know better than to participate in this “marketing” plan. But Dodson, executive director of Dayton Right To Life, was prepared to take the opportunity a step further. In reference to her organization’s members who would be acting as pollworkers on election day (italics mine):

Obviously we will be there to answer questions about life issues, but I think we have to be very careful that we are helping at the polls that day,” Dodson said. “We are not there to convert somebody.”

Well, that got the attention of the good folks of the Montgomery County BOE. I’m not sure where they all were back when the “Day of Democracy” program was approved, but anyway:

[Dodson's] remark was greeted with shock by county board officials, who said poll workers are never to discuss any political issue, even if no voters are in the room.

“If anybody said we’re putting ‘right to life’ on shirts at the polls I’d have said ‘hold it,’ ” said Sue Finley, a Republican member of the board.

Finley, fellow Republican Jim Nathanson, and Democrats Tom Ritchie and Dennis Lieberman, said the only fair solution might be to ban all names and logos on elections workers’ clothing.

I can think of one cause that is appropriate for pollworkers to champion on election day: upholding the letter and spirit of election laws. That includes maintaining an atmosphere of impartiality. Anyone who is incapable of that has no business being a pollworker.

Which brings us back to the chronic pollworker shortage, which unfortunately is not limited to Montgomery County. Here in Franklin the BOE has over 5,000 spots to fill. Cuyahoga County needs 3,000 poll workers.

So I’m going to be a pollworker November 6 and I assure you I won’t be wearing my Vote Explosion shirt. Or my Planned Parenthood pin. Heck, just for kicks I might even make sure I’m not wearing pink, orange, or black.

It will be tough to keep my opinionated nature under wraps for a full day, but I’m up to the challenge. If you’re up for it too, please join me – sign up to be a pollworker. Click here for a full list of county Boards of Elections.

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In the ol’ mailbag yesterday:

Just months after beginning his inventory of underused state properties, Ohio Treasurer Richard Cordray joined Columbus Mayor Michael B. Coleman and City Council members to cross a significant site off the list and help bring nearly $200,000 dollars into state coffers.

A 12.9-acre parcel on the west side of Columbus, identified through Cordray’s inventory, will be used by the City of Columbus for a new $8 million Division of Police heliport. The sale was authorized in the state’s budget bill and Columbus City Council approved the $194,955 on July 9, 2007.

Good for the city, good for the state, and good for the community. I particularly liked this quote from Cordray:

More than 500 people have to date directly contacted the treasury to provide information on possible uses of properties for their community, or to find information about specific parcels. “Together we’ve recognized a need and we are working to make a difference,” Cordray added. “We’re leveling partisan and bureaucratic boundaries in direct response to community needs. Based on the level of interest from individual property owners, local officials, and businesses, the potential for this initiative is widespread and substantive.”

It’s called competent, responsive, responsible government. It’s every liberal’s goal for government. Full text of the release after the jump (It’s going to be a LEED-certified project!). [click to continue…]

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Former Surgeon General Richard Carmona appeared Tuesday before the House Oversight and Government Reform Committee, charging that top Bush administration officials silenced him in his public health reports. According to Carmona, during his four-year term (2002-2006) he was not allowed to speak or issue reports regarding stem cells, emergency contraception, sex education, or prison, mental, and global health issues.

Regarding the politicization of his office, Carmona added that some other former Surgeon Generals told him, “We have never seen it as partisan, as malicious, as vindictive, as mean-spirited as it is today, and you clearly have worse than anyone’s had.”

The official response is as follows: “It has always been this administration’s position that public health policy should be rooted in sound science,” said Bill Hall, spokesman for the Department of Health and Human Services.

No administration response yet on Dr. Carmona’s additional charge that he was ordered to mention President Bush three times on every page of his speeches.

Some bloggers have questioned why Carmona stuck it out for four years and pretty much did as he was told. An “oath to the president” perhaps? OK, I confess… I just wanted an excuse to post the Leahy v. Taylor clip one more time:

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Zack de la Rocha

It’s been seven long years, but over the weekend Rage Against The Machine played the Coachella festival out in California. They’ve got a few other planned dates… but might they be encouraged to write new music?

I hope so.

Bonus bootleg footage after the jump. [click to continue…]

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tonysnow.jpgIt’s good to see Tony back to work. Hopefully his treatment will put him on the road to permanent recovery.

DAVIDSON, N.C. –White House Press Secretary Tony Snow, who will soon begin chemotherapy to fight a cancer recurrence, told fellow alumni at Davidson College that he feels great and plans to return to work Monday.

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