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BREAKING: No Indictment in Puckett Resignation Case; Del. Morrissey Going to Jail on Sex Charges

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Yep, just another quiet day in ever-so-ethical Virginia (snark). By the way, let me be one of the first Virgnia Democrats to call on Del. Morrissey to resign immediately for his appalling behavior (even though, this being Virginia and all, he’s allowed to work in the House by day, go back to the “big house” at night, to paraphrase Jeff Schapiro).

UPDATE 8:11 am Saturday: Sure hope we get a statement from the Virginia House Democratic Caucus today. So far…continued chirping crickets.

UPDATE 8:34 pm: Other than Atif Qarni, not a single one of the 15 or so Virginia Dems I contacted a few hours ago has responded. I’d say while I’m not surprised, I’m disappointed.

UPDATE 6:34 pm: Just checking Twitter, I see that another Democrat – Jeremy McPike, who’s also running for State Senate in the 29th district – tweeted, “Morrissey enters plea.  Time for change. #MorrisseyTimeToResign”

UPDATE 5:43 pm: I forgot, but actually Del. Mark Keam called for Morrissey to resign on July 1, 2014. At the time, Keam said, “Virginians deserve better from their public servants. For the sake of the Commonwealth and its residents, I call on Delegate Joe Morrissey to resign immediately and to deal with his legal problems as a private citizen.​”

UPDATE 5:32 pm: Democrat Atif Qarni, who almost defeated Del. “Sideshow” Bob Marshall last year for House of Delegates, and who is running this year for State Senate in Virginia’s 29th district (currently held by Chuck Colgan), has called for Joe Morrissey to resign. According to Qarni, it’s “disgusting” and “predatory behavior” for a 57-year-old man to engage in a sexual relationship with a child. Regardless of party affiliation, Qarni adds, Morrissey’s behavior is “unethical” — “what’s wrong is wrong.”

UPDATE 5:08 pm: Dead silence. The sound of crickets quietly chirping…

UPDATE 4:46 pm: I’m checking with Virginia Dems to see if any of them will call on Morrissey to resign. So far, seems pretty quiet… By the way, note that Morrissey’s district is super “blue”/safe, so THAT is no excuse.

Audio: Good and Bad Answers by Terry McAuliffe on WRVA’s “Ask the Governor” Show

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Here’s what Gov. McAuliffe had to say this morning on WRVA’s “Ask the Governor” show.

  • Virginia is “underperforming” economically due to “defense cuts and sequestration…we get hit harder than anyone else.”
  • He says he’s done 240 deals, “almost $5.1 billion in direct investment…that’s double what any governor’s done in their first 11 months in office.”
  • With regard to the budget, he says “everything’s on the table,” including “tax preferences.” He says there are things that were put into the Virginia tax code that have “long outlived their usefulness; if they’re not creating jobs anymore, then they should be in there anymore.”
  • He says we’re a “low-tax state” and we’re “not changing that.” He adds that we need to look at the whole tax code; “are we as pro-business as we should be?”
  • He says the big issue at the federal level is sequestration – if Congress doesn’t deal with this issue and allows defense cuts to go forward, that “will have a dramatic impact on us.”
  • On the Affordable Care Act, he says it’s the “law of the land,” and that implementing it to the benefit of our citizens is “what I’m going to do.” We have the right to bring back our Medicaid money — $2.5 billion a year — something conservative states “all over America” are doing. It’s also important to “close the coverage gap.”
  • On ethics, he says he’s glad to see the House Republicans joining him on the $100 gift limit. He also wants an ethics commission that has real teeth to it. Legislators shouldn’t be able to raise money during special session. You shouldn’t be able to vote on things that personally benefit you or your family.
  • On Route 460, McAuliffe says the “real tragedy” is that they never even applied for a permit from the Army Corps of Engineers to go through/over wetlands. So, “I stopped it — this road was never going to be built…we’ve wasted $300 million, it’s going to cost me a lot of money to unwind the deal…This is a very serious issue.” On I-64, he says he’s moving at “warp speed” on widening it, expects it to begin during his term in office, in a cost-effective manner.
  • On the UVA/Rolling Stone story, McAuliffe says he appointed a “sexual assault task force” and has called for an investigation. Says this is a “very serious issue.” He says we need strong enforcement of alcohol laws. “I am dead serious – zero tolerance for sexual assault.”
  • “I’m going to have a very very aggressive legislative agenda coming up…somewhere close to 40 of the governor’s bills…about 133 agency bills.”
  • On EPA regulations, McAuliffe says we’re “all for reducing carbon emissions, but it has to be done in a way that is fair, and as the rules are presently drafted, it is very unfair to Virginia…we get no credit for nuclear…we have sent back up our recommendations…I want to reduce carbon emissions…but I’ve got to protect our jobs here in the Commonwealth of Virginia.”
  • On fracking in the GW National Forest, McAuliffe says he’s against it and has been “very aggressive on this topic.” “The part of the GW Forest [controlled by the federal government]…is now off the table.”
  • McAuliffe says the proposed natural gas pipeline he’s just announced is “spectacular for us.”

Good answers: The Affordable Care Act, fracking the GW National Forest, dealing with sexual assault on campus, strong ethics reform.

Bad answers: We need to cut taxes even MORE for business in this state? Other than saying he wants to cut carbon emissions, the rest of his answer on the EPA’s Clean Power Plan is just repeating the overwrought whining by fossil fuel interests, Dominion, etc. Finally, the proposed Atlantic Coast Pipeline is a horrible idea, gets us way off track from where we should be going when it comes to energy (e.g., efficiency, solar, wind) and should absolutely NOT move forward.

P.S. What is it with angry, ignorant people and call-in radio shows? Seems like they are drawn to each other like a supermagnet and iron. Ugh.

Tiny Virginia subcommittee tasked with deciding future of bills related to EPA’s Clean Power Plan

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The EPA’s proposed Clean Power Plan could reshape Virginia’s energy future for the next fifteen years, and possibly permanently. If the state takes advantage of this opportunity, it will reduce carbon pollution, improve human health, save money for consumers, drive job creation in the fast-growing technology sector, and make our grid stronger and more secure.

If the state doesn’t act, EPA will design its own plan for Virginia, ensuring reduced carbon emissions but without the flexibility the state would have by doing it for itself.

This presents a conundrum for Virginia’s General Assembly, which is not known for embracing federal environmental regulations. The usual skepticism was on display on November 19, when the Senate and House Commerce and Labor Committees met in a joint session to take up the Clean Power Plan-or more precisely, to give utilities and the State Corporation Commission staff the chance to attack it.

At the conclusion of that meeting, the two Republican committee chairs, Senator John Watkins and Delegate Terry Kilgore, named three members of each committee-two Republicans and one Democrat from each chamber-to a special subcommittee tasked with deciding what kind of legislative action the General Assembly should take in response to the Clean Power Plan. Kilgore also named himself to the subcommittee, which now will take up any bills that Virginia legislators introduce related to the Plan.

This subcommittee has now scheduled its first meeting for December 17 at 1:00 p.m. in Senate Room A of the General Assembly building in Richmond. By law, all committee meetings are open to the public.

According to General Assembly procedure, before anyone else in the entire legislature can consider a bill, it will have to pass muster with these men. So who are these hugely important people, and what is the likelihood that they will seize this historic opportunity to make Virginia a leader in clean energy?

The Senate members consist of Republicans Frank Wagner and Benton Chafin and Democrat Dick Saslaw. Wagner and Saslaw were obvious choices given their seniority on the committee and active role on energy issues. Chafin-well, we’ll get to him in a moment.

Frank Wagner is from Virginia Beach and is known for his interest in energy generally, and especially in promoting new projects. He sponsored the legislation that led to the Virginia Energy Plan in 2006 and has been an important supporter of offshore wind development, perhaps reflecting his undergraduate degree in Ocean Engineering and his Tidewater residence.

The General Assembly website says Wagner is the president of Davis Boatworks, a vessel repair facility whose principal customer is the Defense Department. Living in the Hampton Roads area, Wagner is aware of how real sea level rise is; presumably he understands the connection to climate change.

In spite of his interest in offshore wind, coal rules when it comes to funding Wagner’s political campaigns. The Virginia Public Access Project shows coal giant Alpha Natural Resources was Wagner’s second-best donor over the years, with a total of $43,643 in campaign money since 2003, ahead of Dominion Power’s $37,350. Energy and mining interests combined gave gifts totaling $188,152. Of this, $350 came from Highland New Wind Development LLC back in 2008 and $250 came from the offshore wind company Seawind in 2010.

Of course, who gives money to an elected official does not necessarily dictate how that official votes. But it probably should be mentioned that for the 2014 session, Wagner earned an F on the Sierra Club’s Climate and Energy Scorecard, disappointing clean energy advocates who have sometimes had reason to see him as an ally.

Also a low performer on the energy scorecard is Dick Saslaw, scraping by with a D. Saslaw is a career politician who was first elected to the GA in 1976, when he was 36. (He is now 74.) His biography lists his background as an owner and operator of gas stations.

Saslaw is the Senate Democratic Leader and used to be Chair of the Senate Commerce and Labor Committee, until his party lost the Senate. In theory, his leadership position in the Democratic Party should make him a defender of President Obama’s climate initiative. In practice, not so much.

Although he is a Fairfax County Democrat, Saslaw does not share his constituents’ enthusiasm for wind and solar, nor in general, their concern for the environment. Somebody once told him that renewable energy costs a lot; that’s been his story ever since, and he’s sticking with it, facts be damned.

Saslaw is proud of his close ties to Dominion Virginia Power, whose interests reliably predict his votes on any given bill. According to the Virginia Public Access Project, Dominion has given more money to Saslaw than to any other legislator. In 2014 alone, Dominion gave Saslaw $25,000. Over the years, Dominion’s contributions to Saslaw have totaled  $240,508, making the utility Saslaw’s top donor.

Saslaw has also received more money from Appalachian Power than any other Democrat–$44,000–even though that utility does not provide service anywhere in his district. In addition, coal interests gave him $90,250, natural gas companies ponied up $50,250, and the nuclear industry chipped in $28,000.

A single contribution of $250 makes up the only entry under “alternative energy.”

This brings us to new Senator Ben Chafin, the Republican delegate from Southwest Virginia who replaced Democratic Senator Phil Puckett (he of the Tobacco Commission scandal). Chafin is a lawyer and farmer, and as his website informs us, “Ben Chafin has a proven record fighting for the coal industry. Ben sponsored successful legislation (House Bill 1261) to fight against Obama EPA’s effort to kill the industry through over-regulation. Ben will continue to work in Richmond to protect coal and grow other Southwest industries like natural gas.”

Not surprisingly, coal interests led all other industry donors to Chafin’s 2013 campaign for Delegate and his 2014 campaign for Senate ($59,000 altogether), though he did pretty well by natural gas, too ($14,150). As a delegate, Chafin earned a gentleman’s C on the Sierra Club scorecard, but it would probably be a mistake to pin our hopes on his becoming a clean energy champion. His role on the subcommittee is surely to give Coal a voice.

On the other hand, Chafin must recognize that the economics of fracked gas and ever-more competitive wind and solar means Virginia coal has no chance of ever regaining its former glory. Southwest Virginia now needs to craft a strategic retreat from mining and work on economic diversification. That’s not inconsistent with the Clean Power Plan.

On the House side-but here I have to digress for a moment to comment on the seemingly random composition of the House Commerce and Labor Committee. The Senate side is bad enough; any Democrat who has evinced environmental sympathies over the years has been dumped from the Senate Commerce and Labor, and when he was in power, Saslaw did a lot of the dumping.

But it’s worse over at the House. The leadership keeps reshuffling its energy committee, as if in a frantic effort to make sure nobody learns anything, while the delegates who actually came to the job with an interest and knowledge of energy never seem to get a turn. Energy law is a hard area to learn. It’s complicated, and if you don’t have time to master it, you are even more likely to accept guidance from either the party leader who tells you how he wants you to vote, or the glib industry lobbyists who assure you they have the public’s welfare at heart just as much as you do. (Plus they give you money!)

So Chairman Terry Kilgore had little enough to work with on his committee. The three delegates he named to this incredibly important subcommittee, though they are undoubtedly smart and hardworking people, bring no discernable expertise on either climate or energy to the General Assembly’s review of the Clean Power Plan.

Well, digression over.

Terry Kilgore himself is a lawyer and a 20-year member of the House from the coalfields region of southwest Virginia. Dominion is his top individual donor, at $122,000, but coal interests together make up the single biggest category of givers to his campaigns, at $243,188, with electric utilities at $218,680, natural gas at $97,830, the oil industry at $16,400, and nuclear energy at $8,500. Just since 2013, he’s taken in over $136,000 from energy and mining interests.

That’s awfully good money for a safe seat, and his votes have reflected it. His energy votes earned him a D on the Sierra Club scorecard. It’s unlikely that he will abandon his coal friends, but like Senator Chafin, he will serve his constituents best if he works to attract new business to his struggling region. Home weatherization and energy efficiency programs would be popular there, and solar energy is one of the fastest-growing industries in America.

The other House subcommittee members Kilgore appointed are Republicans Jackson Miller and Ron Villanueva and Democrat Mathew James.

Jackson Miller is a Manassas Realtor and former police officer who has been in the House since 2006. The bills he has introduced primarily reflect his interests in real estate and criminal law, although he also introduced legislation supporting uranium mining. He has received a total of $79,252 from energy and mining companies since 2010, primarily electric utilities, natural gas, coal, nuclear, and uranium. He earned a D on the Climate and Energy Scorecard. Why he is on this subcommittee is anyone’s guess, but certainly Northern Virginia stands to gain a lot of technology jobs if the state develops its clean energy industries as it should.

Virginia Beach Republican Ron Villanueva has not been as popular with the energy and mining companies, whose donations to his campaigns have totaled $20,550. Villanueva’s website says he was the first Filipino-American elected to state office in Virginia when he became a delegate in 2009. Villanueva has been friendly to the solar industry, and while he received a D on the scorecard, he also received an award from the Sierra Club for his work on a bill to provide a tax credit for renewable energy projects. (The bill was converted to a grant in the Senate but not funded.)

Like Delegate James and Senator Wagner, Villanueva lives in an area that is feeling the effects of climate change sooner than any other part of Virginia, so his constituents know how much the Clean Power Plan matters. For that matter, his day job as a partner with SEK Solutions, a military contractor, should mean he’s aware of the Pentagon’s focus on climate change as a national security issue, as well as a threat to its coastal assets.

Portsmouth Democrat Matthew James also hasn’t been especially popular in the energy industry. Since 2009, when he first ran for delegate, he has accepted a mere $5,000 from Dominion, $3,500 from coal interests, and $3,350 from the natural gas companies-token amounts by Virginia standards, but they may be due for a sudden increase.

James does not seem to have introduced any energy-related bills. However, his votes earned him an A on the Sierra Club scorecard. James is listed as the President and CEO of the Peninsula Council for Workforce Development. Maybe he will see an opportunity in the Clean Power Plan to develop jobs in the solar, wind, and energy efficiency industries, which have outperformed the economy generally.

So there you have the five Republicans and two Democrats who get first crack at any bill either facilitating Virginia’s compliance with the Clean Power Plan, or hostile to it. If they like a bill, it moves to the full Commerce and Labor committee. If they scuttle a bill, no one else in the entire legislature will get to vote on it.  

That’s how it works, or doesn’t, in the Old Dominion.  

Craig Parisot Scrambles to Follow Kathleen Murphy’s Lead, Waffles on Unpopular Opinion

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From the DPVA:

After refusing to support all-day kindergarten, Craig Parisot is now scrambling to hide his unpopular position — and has the chutzpah to expect voters will fall for his empty platitudes.

A WAMU article yesterday noted that “Republican Craig Parisot says he does not have a position on whether or not Loudoun County should offer full-day Kindergarten.” Full-day kindergarten, of course, is a very important issue in Loudoun County, as it is one of just four localities that lack this vital service. Kathleen Murphy, Democratic candidate for Delegate, supports funding full-day kindergarten and has said she will make it a priority when elected.

After taking heat all day for his refusal to support this critical funding, Craig Parisot abruptly flipped his position and posted a late-night Facebook update claiming new, convenient support for all-day kindergarten. Absent from his empty release, however, was any substantive policy offerings.

“Loudoun voters will see right through Craig Parisot's political pandering,” said Morgan Finkelstein, press secretary for the Democratic Party of Virginia. “ “His statement to WAMU was clear as day, Craig Parisot refuses to support all-day Kindergarten in Virginia. Nomidnight press releases or Facebook posts can change the facts.” 

McDonnell Felonies: A “Handful of Vitamin Pills?”

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From the Democratic Party of Virginia:

Virginia Republicans, not content just to usher in an offensive new chair, are rehashing the McDonnell trial to share how little they've learned from the ordeal.  In a Bearing Drift post, Shaun Kenney, the Executive Director of the Republican Party of Virginia, dons his tinfoil hat to trump up far-fetched smears on a federal judge while downplaying one of the most serious ethics violations in recent Virginia history.

Kenney asserts that the judge assigned to McDonnell's trial was somehow unable to render a fair verdict due to votes cast by the former governor nearly 20 years ago. But even more troubling, he goes further to claim that the whole trial was “based on what amounts to a handful of vitamin pills.” If this is Virginia Republicans turning over a new leaf and taking ethics reform seriously, well, they're not doing it right.


“By downplaying McDonnell's serious ethics issues as nothing more than a 'handful of vitamin pills,' Virginia Republicans show how little they have learned from this experience,”  said Morgan Finkelstein, press secretary for the Democratic Party of Virginia. 


The timing of the Executive Director's tirade is especially odd given that just this week, House Republicans insisted that they've finally gotten to where Governor McAuliffe was a year and a half ago by supporting a $100 gift ban. How serious they are remains to be seen, but trying to downplay Bob McDonnell's crimes isn't the best foot for Republicans to put forward.

Virginia News Headlines: Friday Morning

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Here are a few national and Virginia news headlines, political and otherwise, for Friday, December 12. Also check out the video of Secretary of State John Kerry speaking about climate change in Lima, Peru.

*House approves spending bill just before deadline

*Democrats’ Warren wing sends message with revolt

*Eugene Robinson: Senate report shows that the U.S. answered evil with evil

*Untrained CIA Agents Were Just Making Up Torture Methods As They Went Along (Everyone involved in this should be prosecuted.)

*Backers: Romney more open to 2016 run (“He has sounded unimpressed with the emerging GOP field, associates say.” Yeah, so are the rest of us! LOL)

*House Dem: GOP Gave Dems ‘Virtually Everything’ We Wanted (Interesting take by Rep. Jim Moran. Not sure I agree with it, but interesting…)

*McAuliffe to lead Chesapeake Bay group

*Renewable energy tax credits help level the field with tax-subsidized fossil fuels

*Virginia illogically denies Medicaid expansion as red states embrace it (It’s not “Virginia,” it’s specifically “Virginia Republicans” who are denying it.)

*Sen. Tim Kaine’s war powers push wins Foreign Relations Committee nod

*Ticking clock at NSU (“The problems at Norfolk State University were so bad last year that governing board members ousted the president without specifying a cause two years into his three-year contract. New members were appointed to the board; a veteran university president, considered a fixer for troubled institutions, was recruited and hired to stabilize the state’s largest historically black school.”)

*Uproar at U-Va. spawns debate about school’s treatment of fraternities

*UVA’s Heartening Response to the Rolling Stone Fiasco  

*U-Va. students challenge Rolling Stone account of alleged sexual assault

*Va. panel delays action on easing some probation checks

*Congress budgets $20 million to repair Wallops spaceport

*Norfolk finds no easy answers to shootings involving police

*New ‘Justice for John Geer’ group forms, Grassley staff seeks information

*Temperatures may hit the 40s today, but it will feel more like the 30s

5 Reasons Why Democrats Should Vote “No” on the CRomnibus

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(It passed, 219-206, with 57 Dems and 162 Republicans voting “aye.” 139 Dems and 67 Republicans voted “nay.” – promoted by lowkell)

There are so many bad parts to the “CRomnibus” that’s being debated right now in Congress, it’s hard to know where to start. Despite how bad it is, the Obama administration is pushing hard to pass it, under the theory that things will only get worse next year, when Teapublicans take over the Senate. And while I DO agree that things will get worse next year, there’s just so much bad stuff in the CRomnibus, my conclusion is that Democrats should vote no and force Boehner to supply all the votes from his caucus. If he can’t, then let him compromise for once, take out the worst provisions of this bill (I’ve listed just a few below), and then rely on unanimous/near-unanimous Democrats, plus a handful of sane Republicans, to pass it if that’s what it takes. With that, here are 5 reasons why Democrats should vote “no” on the CRomnibus.

1. It sucks for the environment and clean energy. For instance: it cuts the EPA’s budget by $60 million, when we should be cranking UP the EPA’s budget; it blocks regulation of lead ammunition which is deadly to wildlife; and it “would allow the Ex-Im Bank and OPIC to finance coal-fired power plants abroad, despite the fact that the Ex-Im Bank adopted guidelines last year that prohibited the financing of most coal-fired power plants, unless they used carbon capture technology.”

2. It gives “Wall Street two early Christmas presents”. The biggest problem is that it “repeals the swaps pushout rule,” which “put new limits on how banks that receive taxpayer backing can use high-risk financial instruments known as a swaps, which were a key driver of the last financial crisis.”

3. It’s also a big Christmas present – for tax evaders. “The Internal Revenue Service’s (IRS) enforcement division budget is being cut to under $4.9 billion for 2015.”

4. It worsens the role of money in politics and continues the selling of our “democracy” – or whatever is left of it – to the wealthy, corporations, etc.. “The cromnibus moves the decimal point on that cap, allowing annual contributions of up to $324,000 to the Republican or Democratic national committees. An expert who helped draft that landmark campaign finance reform law told Bloomberg the deal is ‘an unholy alliance to emasculate the national party contribution limits that were enacted to prevent corruption.'”

5. It’s long past time for Democrats to stand up to right-wing bullies. As our friend Kindler tweets, “Dear Democrats: the way to deal with bullies is not to let them beat you up a little bit.  It’s to fight back until they lay off.” I’d just add that we’ve seen this over and over again throughout Barack Obama’s presidency, and I’m not convinced it’s ever really ended well (e.g., sequestration anyone? letting just a small percentage of the idiotic Bush tax cuts expire?).

The Police Shootings: A New Chapter in an Old Story of Racial Oppression

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Sowing Fear to Reap Submission

How are we to understand all these shootings, by police, of unarmed black men? And the manner in which the American justice system processes these shootings with the result that very few are indicted, hardly any are convicted, and virtually no one does any jail time? And how are we to understand the way that an impassioned major segment of people on the political right make heroes of the shooters in these cases — like Darren Wilson (and a self-appointed vigilante like George Zimmerman)?

A very dark force in the American body politic — an ancient and destructive component in the consciousness of the American collectivity — is being expressed here. It is all about that component of American civilization, going back centuries, that insists on the power of whites to oppress blacks.

Central to that oppressive power arrangement is making black people — making black men, specifically — afraid. Intimidation is always and everywhere a favorite tool of the oppressor.

In the days of slavery, the white elite created a system of “slave patrols” to capture and punish runaway slaves, and to intimidate the rest of the slave population. In the century of the Jim Crow regime in the American South, a whole range of methods — of which the lynching was only the most dramatic — were employed to intimidate blacks (again, especially black men) into acquiescing in the oppression imposed upon them by the dominant white race.

It is, regrettably, in that context that the pathological pattern of police killings of unarmed black men is to be understood.

What do the recent mottoes “Hands up! Don’t shoot” and “I can’t breathe” express if not a shared sense in the black community that it is dangerous to be an American While Black? And while the police in America truly do — in most ways — “protect and defend” all of us, that is historically not the whole picture. There is also nothing new in American history about the police force also being an instrument for protecting and defending power relationships, some of which are unjust.

And a long tale in that history is the story of police forces being used to keep blacks in a subordinate position. (So also with the judicial system, from the patent falsehood that “separate” would be “equal” to the exclusion of blacks from juries.)

One of the meanings of this rash of incidents, the big historical picture suggests, is that it shows the police serving as instruments of white oppression of black men. Those who are killed in these at best questionable ways — like the slaves who were whipped, and the black men in Jim Crow times who were burned and mutilated and strung up as “strange fruit” — serve as warnings to all those millions still alive.

Fear is used to keep them down.

Who Will Call Out the Party of the Oppressor?

When, in 2008, America elected its first black president, many hoped that this would usher in a brave new period in the history of American race relations. So it might have been, had this black president been up to the task of taking on the ancient forces of white racist oppression that was bound to rear its ugly head. So it seemed reasonable to believe he might do, given the power and the eloquence of candidate Obama’s speech on race delivered at a racially tense time in his 2008 campaign.

But one had only to listen to President Obama’s words to the nation in the wake of the grand jury’s failure to indict in Ferguson, Missouri, to recognize that this black president was more eager to avoid confrontation with that white racism than to lead the nation against it. His words were hesitant, careful. His goal seemed to be to get through this episode without provoking his enemies, without creating a political problem. His posture toward the force of white racism was more appeasing than challenging.

One cannot imagine FDR or Martin Luther King, Jr., shrinking in this way from such an opportunity to summon Americans to the better angels of their nature.

It was already clear long ago, however, that this president had chosen the path of conflict avoidance over winning the battle forced upon him. White racism has been coming at this president from the beginning, and he’s continually refused to take it on.

First, there was the attempt — through the “birther” lie — to make this president into an African, a man not only black but one whose presidency can be declared illegitimate on ostensibly “constitutional” grounds. You owe this president no respect or allegiance, the white racists were thereby assured on such bogus grounds. Obama never took seriously this assault not only on him but on our democracy; he ignored it.

Then, as the Republicans worked over these past six years — albeit more subtly than in the old days of Jim Crow and the Dixiecrats and George Wallace — to summon up the darkest racist impulses among the people on the right, they succeeded in making it politically viable to treat this first black president with a contempt we Americans have never before seen directed at an American president.

They whipped up the latent dark passions in enough white Americans that it became possible for Republican leaders in the Congress talk to and about President Obama with a disrespect and scorn that until now all Americans would have regarded as unAmerican.

But even as these Republicans summoned forth this ugly, long-standing racist impulse — established long ago by the regime of white oppression — this black president has defended neither himself nor his office against this assault. Instead, he shrank from the battle that inevitably was going to be part of the job of being the first black president.

In shrinking from this battle, and leaving the field open for this dark force of racism to rise and grow unchecked, perhaps this first black president was enacting that equally old pattern: a black man being intimidated by the oppressors.

Old patterns die hard. But in this missed opportunity we witness a great American tragedy.

And, unfortunately, not only on those forms of oppression that focus on race. There are other long-standing dimensions of oppression embedded in American civilization, and today’s GOP serves them all.

That party provides a channel for the force of the oppression of women by men, from Virginia’s proposed “transvaginal ultrasound” law to Rush Limbaugh’s rant against a “slut” with the gumption to speak up for the rights of women.

Today’s GOP is a tool of the corporatist system, assaulting the rights of workers, keeping in place a set of arrangements that now deprive American workers of their fair share of their increased productivity and widen our already extreme inequalities in the distribution of wealth and income.

Today’s Republican Party is reliably the instrument of the oppressor, in all its forms. But President Obama has never had the appetite to take on this ugly force of oppression and injustice by calling it out for what it is.

When in a year or so we begin to choose a leader to replace this president, the main priority must be: Who will be most effective in fighting against the oppressor? Who will be able and willing to call out ugly injustice for what it is?

That must be the top priority. For if there is one thing we should have learned in the past six years it is this: if we do not make progress in draining power away from this ugly force, then we will not make progress on all those other “issues” that are the usual stuff of politics.

Del. Scott Lingamfelter (R) Has a Really Bad Voting Bill; Here are Some Better Ideas

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Instead of
Instead of this really stupid bill (click on image to “embiggen”) by right wingnut and “Agenda 21” conspiracy theory/global warming denier nutjob Del. Scott Lingamfelter (R-of course), how about some better ones?

First, though, why is Lingamfelter’s bill — “that when no candidate for an office receives more than 50 percent of the total votes cast at the general election for that office, a run-off election between the candidates receiving the highest and next-highest number of votes for that office shall be held” – a bad idea? Simple: because run-off elections (in this case, “to be held on the fourth Tuesday following the date of the certification of the results of the general election”) almost always have far lower turnout than in the general election. In fact, according to Fairvote.org:

Run-off elections for all offices also tend to have lower turnout that first round elections, especially if the first round election takes place on the same day as several other elections. For example, of 171 regularly scheduled primary runoffs for U.S House and U.S. Senate from 1994 to 2012, all but six of them resulted in a turnout decrease between the initial primary and the runoff, meaning that 96.5% of federal runoff elections had fewer people voting in the second round than in the first. The average decline in turnout was 35.3%. Additionally, the longer the wait between the initial primary and the runoff, the higher the decrease in voter turnout between elections. Primary elections with a gap of more than thirty days had a median decline in voter participation of 48.1%, while those with a gap of twenty days or less had a median decline of 15.4%.

It also, of course, costs money to conduct a run-off election. As Fairfvote.org explains, this is because “jurisdictions must print ballots, recruit and train pollworkers, locate precincts, and prepare voting equipment — not once, but twice.” Another problem: “this process can often disenfranchise overseas and absentee voters, who will not have enough time to return their ballots after they have been printed and mailed to them.” And yet another problem:

two-round runoff elections require candidates to raise money twice, often requiring an influx of additional special interest contributions for the second round runoff. Coupled with low turnout in the runoff, this can allow these donors to leverage their campaign dollars for even greater influence, sometimes against the public interest. Similarly, well-organized groups who do not represent a majority of voters can take advantage of low turnout in the second round runoff to try and exert disproportionate influence over the result.

Blech. Finally, keep in mind that lower turnout benefits…wait for it…yep, Republicans. So, shocker that a Republican, particularly one as right wingnutty as Scott Lingamfelter, would come with this idea? Nope.

Of course, I agree with Lingamfelter that it would be better if our elected officials actually received a majority of the vote. The good news is that’s totally feasible, with something called “Instant Runoff Voting” (IRV) There are many advantages to IRV, which Fairvote.org lists here, such as that it “Reduces Election Administration Costs,” and “Improves Voter Turnout,” “Reduces Negative Campaigning.” Under IRV, the “process continues until one candidate earns a majority.” But this doesn’t take time, as it can all be calculated instantaneously by computer. For instance, in the 2014 U.S. Senate race here in Virginia, the candidate with the fewest votes in the first round – Robert Sarvis in this case – would be eliminated, with his voters’ second choices now being counted. Voila, no “spoilers” or “wasted votes,” as your vote will definitely be counted if there’s not a majority for any candidate in the first round. We’ve done it here in Arlington in Democratic caucuses, and it’s worked well. Unfortunately, we can NOT do it in a primary, as that’s governed under state law, and Virginia unfortunately is a strong Dillon Rule state. Of course, if Lingamfelter were serious about improving voting in Virginia, he could simply introduce a bill to allow – or even require – IRV throughout the state. But noooooo….

Another idea Lingamfelter could consider if he were serious about improving voting would be “vote by mail,” which is currently used exclusively in three states (Colorado, Washington, Oregon), and as one option in 27 states. An advantage of using this system exclusively is that it “eliminates the requirements to staff and run a polling center during an election, and can result in considerable cost savings to the state.” An even bigger advantage from the perspective of democracy – although NOT from the perspective of Republicans, who do better the fewer people vote – is that voting by mail leads to high turnout. For instance, while turnout here in Virginia was a miserable 41.6%, in the 2014 mid-term elections, in vote-by-mail Oregon, it was a whopping 69.5%. Not coincidentally, Democrats won big in Oregon, which yet again is a perfect illustration of why Republicans like Scott Lingamfelter are actively working to discourage, not encourage, voter turnout here in Virginia. It really doesn’t take a rocket scientist to figure out motives here.

Bottom line: Lingamfelter’s correct that candidates should get a majority of the vote, but he’s absolutely wrong in the way he goes about it, especially considering that he completely ignored IRV and vote-by-mail options.

While the General Assembly Schlepped on Health Care

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Medicaid Reform photo 141211MedicaidReform_zps710f9aa2.jpgWhen a uniquely Virginia health care plan was rolled out at the beginning of 2014, there was apprehension and confusion among stakeholders. Emerging from the turmoil in the McDonnell administration and in the midst of a political battle in the General Assembly over the Medicaid gap, this initiative engendered consternation.

That consternation, it turns out, was from unnecessary friction. Commonwealth Coordinated Care (CCC), a concept sanctioned by the Affordable Care Act (ACA), is an effort to improve health care delivery to Virginians who are eligible for both Medicare (entitled to benefits under Medicare Part A and enrolled under Medicare Parts B and D) and full Medicaid. Medicare and Medicaid were not designed to work together and do not function seamlessly. This and the socio-economic characteristics of the client base create gaps and overlaps in services inviting waste and fraud.

The goal of this initiative is to provide Virginians with high quality, person-centered health care that focuses on their needs and preferences.

Virginia’s Department of Medical Assistance Services (DMAS) designed a demonstration that operationalizes a more effective, cost saving concept by establishing overarching Medicare-Medicaid Plans (MMPs). This should be an effort hailed across the political spectrum and embraced by health care providers, beneficiaries, and all citizens of the Commonwealth. But other than potential enrollees, most of us haven’t even heard about this effort to improve health care for some 76,000 eligible Virginians living in designated regions.  

While less than 7% of Virginians receiving Medicaid may enroll in CCC, this is a substantial yet manageable test-bed for improved service delivery across the beneficiary spectrum. These recipients are arguably the most vulnerable, counting among them the elderly and disabled adults (over age 18). For many, those gaps and overlaps in coverage between programs create barriers to receiving effective health care. Enrollment alone can be daunting. Often the task of advocacy falls upon already overburdened Adult Protective Services personnel. Built into the CCC concept is a care management plan developed by a dedicated care manager.

What was unfortunate, beyond the fact that our state legislature is less innovative than the bureaucracy too many of its members use to shield their own ignorance, was a less than smooth rollout. However, most of the issues perceived by stakeholders were marketing errors rather than conceptual flaws. And all of the issues can be resolved rather simply.

CCC photo 141210CCC_zpsb2a67488.jpgSarah Broughton, CCC Outreach and Education Coordinator for the Department of Medical Assistance Services is travelling across the regions where CCC is available to spread the word about the program. In the process, she is explaining why someone would want to join the program and dispelling misperceptions. Assisting her is Anita Squire who is with the Virginia Insurance Counseling and Assistance Program (VICAP).

10 Key Points about Commonwealth Coordinated Care

Sarah introduces the program by comparing Medicare and Medicaid to apples and oranges. While Medicare and Medicaid are two types of insurance, they are very different; they have different properties, rules, and they cover different things. When you press or squeeze apples and oranges, you get juice, but they have different textures and taste; they blend deliciously, but nature did not design that outcome. Medicare and Medicaid were not designed to work with each other and bridging the gaps between the two can be a difficult task. There is sometimes also unnecessary duplication of services.

The concept of CCC is reduce the burden of coordinating services by placing all services under one health plan. Three health plans emerged from a competitive selection process to become the programs (MMPs) supporting CCC. This is intended to be an enhancement to traditional Medicare and Medicaid by providing better coordination, better quality of care, and better health outcomes.

Persons eligible for CCC have a great deal of flexibility. That is part of the design of the program. Eligible individuals have the right to opt-out even after enrolling. There is no “open enrollment season” like other plans; it is a “rolling enrollment” that becomes effective generally on the first of the following month. Further, persons enrolled can change health plans if they decide they like the coverage of another plan better.

Eligible persons are those who are on full Medicare and full Medicaid. They must be 21 years of age or older and live in a region where CCC is being offered. This includes persons living in nursing facilities and those having an Elderly or Disabled Consumer Direction (EDCD) waiver. Anyone with other home and community based waivers, is in hospice, or has other comprehensive health insurance, such as TriCare for Life or a comprehensive Medicare supplement, is not eligible.

DMAS photo 141211DMAS_zpsedfc61a8.jpgOne of the primary benefits with CCC is care coordination: providing all health services under one plan with one point of contact for all benefits and services. One aspect that has been popular is that one health insurance card serves all purposes. There is a 24/7 local call center for access to a nurse line. That nurse is able to access the health record. And there is a unified appeal process that is significantly better than the Medicare or Medicaid processes. Under CCC there is a care manager who helps beneficiaries through the appeal process which is still being monitored by Medicare and Medicaid.

The care manager services are why the program is called Commonwealth Coordinated Care. This is a particular enhancement for persons under the EDCD waiver who have not had this kind of assistance. This allows consideration for not only what the beneficiary needs but also personal preferences, engaging them in the planning process. Additionally each MMP offers a different set of expanded benefits that range from dental cleaning to vision services.

Every person who enrolls in CCC is assigned a care manager. That care manager is from the health plan and is responsible for understanding benefits, care that is being currently received, and assisting the beneficiary with coordinating care. The care manager works across the boundaries of Medicare and Medicaid and works with an interdisciplinary care team. That team may involve behavioral health services, primary care services, care givers and facilities, and others who can have a conversation across the continuum of care and care levels. This means a conversation with a beneficiary rather than one about the beneficiary; allowing participation in the care planning process.

Of course, when you hear the word enhancement you start thinking about the bottom line: what is going to come out of my pocket? Well, here is one of many best parts of this program: anyone who enrolls under this plan with any of the MMPs (Anthem, Humana, or Virginia Premier) has no premium. They also pay no co-pays to see doctors or specialists. If you are already paying a Medicare Part D co-pay, that will continue. If you are already paying patient liability or patient-pay for personal care services in the community or to a nursing facility, that will continue. But there will be no new costs for anyone.

The expanded benefits always draw questions. There are no additional co-pays or premiums for those provided by the health plan chosen.

Another significant concern is the relationships with doctors and other health care providers enrollees currently see. There can be a lot of different folks involved in one person’s care. First and foremost, during the transition to the CCC program, care should never stop. There is a continuity of care or transition period during which a person can continue to get care from their current provider for up to six months (or until the authorization ends, whichever comes first) after they enroll, regardless of whether or not that provider is in network. That is for any existing services or care plans.  

If a provider tells a new enrollee that they will not provide services because they have enrolled in CCC, the beneficiary should immediately contact their care manager. The design of this program is to guarantee continuity of care.

After the six month transition period, use of in-network providers is required. But that six month period gives providers and the health plan the opportunity to bring them into network so that the continuity can be absolute. Of course, if the provider is uninterested in or unwilling to join the network, the beneficiary would then choose an in-network provider. The care manager is there to help identify an in-network provider that will meet their needs.

The process of rollout did feature an aspect that has created some issues. That aspect is automatic enrollment. All individuals who were identified as eligible for CCC began receiving correspondence informing them of the program and telling them that they would be automatically enrolled unless the opted out. This notification process was done by mail and wasn’t user tested. As a result, some Virginians did not understand that they would find themselves in the program. As the rollout has continued region by region, that notification process has been modified. Coverage for those automatically enrolled in the last areas affected, Northern Virginia, Roanoke, and Charlottesville, began in October. There was an exception to automatic enrollment and that was for areas where there was only one health plan available.

The availability of health plans depends upon the region and location in which an enrollee lives. Some areas are covered by all three MPPs and others only one. If in an area where there is only one MPP, eligible persons have to call a broker to opt-in. That broker is also the one to call to opt-out or to switch plans. There is a single point of contact for enrollment, disenrollment, or change to a health plan. The third party broker for the plan is Maximus.

Maximus is able to look up doctors and other health care providers and which of the plans in which they are in-network participants. They are there to help enrollees make informed decisions about health care coverage. They can also help answer questions about the comparison chart.

CCC Provider Comparison Charts

These charts were distributed in the letters that went out to eligible beneficiaries. These contain a great deal of information and maybe a little overwhelming for some of the audience. Notice that the localities in the region for each health plan are listed as well as the participating hospitals and the expanded benefits. The Maximus broker will help enrollees make sense of the comparison chart.

If after receiving the series of letters about the program an eligible individual did not opt-out, enrollment would be automatic in areas where there is at least two MPPs. There would have been a letter some 60 days prior to enrollment about the automatic assignment and which health plan in which assigned. If the individual still did not contact Maximus, there would have been a follow-up letter stating the enrollment would take effect in 30 days. Upon enrollment a welcome packet from the new health plan would arrive. That packet would include a new insurance card (for all services) as well as a summary of benefits.

If after discussing the options with the broker, the individual still needs some additional support and counsel to weigh the risks and benefits there is assistance available through the Virginia Insurance Counseling and Assistance Program (VICAP). These counselors are available through the local Area Agency on Aging (AAA). VICAP provides a broad range of insurance counseling assistance to the elderly and adults with disabilities and are a valuable resource well beyond the CCC program.

The Coordinated Care Educator at VICAP, Anita Squire, is helping Broughton raise awareness across the state. Her experience is that like any change, CCC creates a bit of anxiety but that as she discusses the program, people warm to it as their concerns are dispelled; many are sold when they hear they only have to carry one insurance card or some other benefit offered with the demonstration that appeals to them. Squire is even willing to provide support by conducting a conference call with a Maximus broker when requested.

Squire also works with family members and providers too. She is available to provide information, guidance and assistance to all the stakeholders and as a liaison to the local AAA counselors. Collaborating with DMAS, she provides training wherever required, whether is it for presentations to local civic organizations, individuals in a senior citizen apartment complex, an assisted living facility, or to staff and employees at facilities.

There is also a role in all of this for the long term care ombudsmen. Like the coordinated care advocates, they are there to make certain the beneficiaries know and understand their rights. In this case, that they have the right to determine whether or not they want to participate and if they do that they can choose the health plan they want. This is not the right of a friend or a social worker or a physician, but that of the individual unless they have legally given consent for that person to act for them. The ombudsman is the one who assists those in the CCC program who receive long term care services whether in a facility or at home (with the EDCD waiver). The coordinated care advocates are there to assist those who are “community well.” They are also there for family members or others responsible for persons who are unable to act on their own behalf.

About those bumps in the rollout: The automatic enrollment portion of the rollout created the issues. Recipients of the letters ignored, misplaced, misunderstood, and for whatever reason did not act. Some of them were suddenly enrolled in a new plan that they did not understand required action for continuity of care and/or whose providers were not participating. They were able to remedy that by opting-out. But that has not always gone without issue. Some of them found themselves without Part D coverage after opting-out. DMAS can resolve all of these issues, but the beneficiaries do not always know who or what to ask. This has frustrated not only beneficiaries but also family members and social workers who were working in the dark. That is where the ombudsman, advocate, or VICAP counselor can take up the knowledge slack.

About now there is likely another frustrated set of Virginians in the latest regions to experience the automatic enrollment/assignment process. This should let them know that they need not throw up their hands and that there is help available.

And despite a General Assembly that won’t act, Virginia’s executive bureaucracy has advanced the ball on health care for at least some Virginians. In fact, Virginia is establishing itself as a trailblazer in this regard.