Guest Post by Cliff Schecter

Recently, there was a piece in the Richmond Times Dispatch by Every Child Matters President Michael Petit, making it clear there’s an issue that cuts along partisan lines and will benefit whichever major party candidate has the common sense to take up this cause: The plight of our children. Some recent studies have shown a spike in poverty among children that is not only deeply immoral in a country as wealthy as this one, but will only hurt us as decreased educational opportunities lead to fewer job opportunities and an increased likelihood of getting caught up in the penal system. This is what one could call common sense.

From the piece:

Last month, another national study reported on the economic well-being of American children and their families, and it contained some shocking findings. Nationwide, 16.4 million children, or 23 percent, were in families living in poverty in 2011, an increase from 15.7 million – or 22 percent – in 2010, and 3 million more than in 2005. This was on top of the finding in 2012 that the number of children living in poverty had increased by nearly 33 percent from 2000 to 2010.

How has Virginia fared? According to data from the Census Bureau, the “deep poverty” rate jumped by more than 20 percent, putting 260,000 children in households in which the income level for a family of four was below $22,000 per year. Poverty, of course, is not an academic exercise. To put it in human terms, hundreds of thousands of Virginia children go to sleep hungry, don’t get the medical care they need or are inadequately supervised while parents work. For many of these children, poverty is so disruptive that a basic education is often not possible because of frequent moves or because they attend underfunded schools that place them squarely at educational risk.

I know you’re thinking what I’m thinking: build a border fence! Increase defense spending! Cut taxes for multinational corporations!

Wait, you mean you don’t think all these ways we keep spending, and proposing to spend our money makes any sense when we so many children in poverty? Good. Most Virginian’s agree with you.

In fact, rarely do you see a set of issues test so overwhelmingly across all lines, as making sure our kids are well-fed, getting them the health care they need and deserve and providing them with an early and first class education. This shouldn’t be that surprising, as seeing kids suffer is generally not something well-adjusted human beings tend to favor. So you get results like these:

ECM released a poll last month showing overwhelming support among all Virginians for proven anti-poverty, educational and health care programs for all of Virginia’s kids.

Conducted by the well-respected Mason-Dixon organization, our poll found that nearly 9 in 10 Virginians agree it’s important to “reduce child hunger,” including 82 percent of self-identified conservatives and 86 percent of self-identified moderates. Eighty-five percent of Virginians said it was important that “we lower K-12 class size and improve school buildings and other infrastructure.” And nearly 8 in 10 Virginians agreed it was important that “every child have access to quality health care,” including 80 percent of those who make less than $35,000 per year, and 75 percent of those who make more than $100,000.

Support for these programs was overwhelming among key swing voters, including women in general, and particularly those with children. Exploding demographic groups, such as Hispanics, who have almost doubled their share of Virginia’s population since 2000, and Asians, who have swelled during this same period by 68 percent, also strongly support investing in our kids. We hope those seeking elected office will take note.

Then this clearly is a sleeper issue of the 2013 gubernatorial election, as well as down-ballot races. Virginians across partisan lines and all other divisions don’t think some abstract concept such as “sequestration” is more important than whether their kids go to sleep with their stomachs full. And they don’t think that keeping taxes low on the wealthiest among us are more important than sick kids having access to healthcare.

We know those running for office, besides hopefully caring about supporting policies are looking for that leg up in their races. The governor’s race right now is neck and neck, as are some of the delegates’ races. This is the kind of thing that could make a candidate stand out, breaking through the clutter. In fact, you could say it’s pretty clear that supporting kids is the way a candidate can show Virginia voters they care more about a working mom in Fairfax County, a young unemployed college grad in Roanoke or a family struggling to make the rent in Portsmouth than the interests of lobbyists, special interests and the chattering classes in Washington.

Perhaps something for them to think about.

Disclosure: I proudly consult for Every Child Matters, advocating for the interest of our children.

According to newspaper accounts, the USDOJ is investigating Governor McDonnell for the following alleged quid pro quo: the Governor used his state power to help promote a Virginia company’s products in exchange for monies tendered in the form of alleged loans and/or gifts. Assuming this quid-pro-quo is the sole basis of the investigation, then I ask: Why is this a matter of federal jurisdiction as opposed to solely 10th amendment state jurisdiction?

Governor McDonnell has no federal power. He is a state official, deriving power from the Virginia constitution. Whatever he allegedly gave sleazy business guy Jonnie Williams involved the trading of state power good only in Virginia. Based on newspaper accounts, these include Mansion events, access to state officials, and the like.

The federales are trying to make a Hobbs Act violation out of what seems to be state activity. The First Lady did travel to Florida to promote a Star Scientific produce, and Johnnie boy did take her on a New York City fashion spree. But unless there is some claim of a interstate conspiracy not reported in the press, these actions had nothing to do with McDonnell.

She is her own person. She isn’t a state official, she has no power herself. Why should there be federal jurisdiction in this matter?  

I know there is due to the Hobbs Act. But this begs the question: Should there be?

If the Governor of Virginia helps a local VA business get some special access/influence/whatever with state government,  why is this a federal crime? Are we in Virginia so pathetic, so in need of help from DC, that we can not be trusted to handle this situation under state law?

Sure, the Congress doesn’t much like, any more than we all do, the possibility of a Governor trading his public position for personal private. But why is it a federal crime?

 

Bottom line: I don’t read the Constitution as intending to give Congress the power to criminalize purely state behavior by a state Governor. There is nothing in the Constitutional debates indicating such an intention. The Constitution is a compact between the states. There would have been no reason for any of the states to agree to such a grant of authority to Washington.

There is no claim in this instance of any need for the federal government to intervene in order to protect the rights of any citizen due to said refusal by the state. There is no claim  McDonnell’s actions relative to helping Williams or Star or whomever adversely affected any tangible federal interest.

The exercise of state power by a Governor doesn’t create federal jurisdiction as a general rule. The Congress decided, through the Hobbs Act, to create a federal crime when a Governor uses such state power to benefit a private entity in exchange for the Governor’s personal gain. While this should be illegal, it doesn’t necessarily follow that it should be illegal as a matter of federal law.

Or put another way: Why should the federal government have the right to criminalize purely state conduct by a state official in terms of the current McDonnell Mess? The state constitution  allows the General Assembly to remove him from office. The prosecuting authorities at the state level are independently elected, they are not beholden to the Governor.

The point being: We don’t need Washington to tell us when our Governor violated the law. We can handle it ourselves; it isn’t that complicated.

Here are a few Virginia (and national) news headlines, political and otherwise, for Monday, August 5. Also, check out the video of  Bobby Jindal trotting a string of red herrings, straw men, and outright lies, then saying Republicans shouldn’t be the “stupid party.” Except that a party which denies science, which believes in what George HW Bush called “voodoo economics,” etc. IS the “stupid party.” And Ken Cuccinelli epitomizes everything stupid about it.

*Republicans Against Reality (That headline basically sums up the GOP these days.)

*US to extend some embassy closures over security concerns

*Billionaire enviro going big in Va. gov race (“Steyer’s political advisers, including Tigercomm PR consultant Mike Casey and GMMB ad man John Rimel, urged their client to consider moving up plans for TV advertising to counter a new wave of ads from the Republican Governors Association. The RGA ads, which were booked early last week, totaled over $400,000 in broadcast and cable airtime statewide, according to two media-tracking sources.”)

*Rumors swirl over what Va. campaign means for Clinton

*Report: Bob McDonnell possibly facing criminal charges over cash gifts

*Virginians May Forgive Gov’s Gifts, But Not Forget

*Bobby Jindal: Terry McAuliffe Has “Disqualified Himself” From Virginia Governor’s Race (According to this, “the Louisiana Governor’s office has been ranked last for transparency in the United States both prior to Jindal’s election and since.” Jindal is also wrong on basically every single issue. Ignore him or, even better, do the EXACT opposite of what this slimeball extremist has to say.)

*McAuliffe associate removes car claim from Web; no record of Defense Department approval

*Replacing despair  with hope (“Foreign shipments of illegal drugs is the latest element in an epidemic of abuse in far Southwest Virginia.”)

*The long-term peril in warming (“The interactive model, which tops a new analysis at the Climate Central website, shows what we’ve known for years around here: Hampton Roads faces real trouble from rising seas and sinking land.” Ya think?)

*New Cuccinelli ad examines McAuliffe’s car co. woes (I have no idea if this ad will be effective at all, but I dissected its disinformation, distortion, distraction, and dishonesty here.)

*Defense stalwart Forbes battling budget-cutters from own party

*Pr. William board to hear from Connaughton about parkway (“The Bi-County Parkway has divided elected officials in Prince William and Loudoun counties.” If it’s a really bad transportation idea, you can be almost certain that Sean Connaughton is for it!))

*Virginia’s religious exemption for school attendance is too broad (“Like other states, Virginia can accommodate religious concerns while still asking families to adhere to the reasonable reporting requirements of its home instruction laws.”)

*15 million-year-old whale skull found in Va. (Wait, but Cuccinelli’s and McDonnell’s pal Bobby Jindal – and I wouldn’t be surprised if the two of them “think” this way as well – denies evolution, probably thinks life on earth began a few THOUSAND years ago, not MILLIONS of years ago as it really did.)

*Week to start and end beautifully; The middle? Meh.

*Nationals fall apart against the Brewers

by Paul Goldman

According to today’s Washington Post, Jonnie Williams appears to be “singing” like the proverbial “dirty rat” of a James Cagney movie. The lyrics? Apparently  our “gifted Governor”, as the Post calls him, sold his office for a couple of real estate loans, wedding food, a dress for the First Lady, a Rolex for himself, and some other stuff in exchange for government favors provided by the McDonnell Administration, or the implicit promise of such favors.  

If you believe the Post, all this “singing” has been music to the USDOJ’s ears. “You dirty rat!” exclaimed Cagney famously.

Which raises the issue: Is Jonnie Williams, aka Willie the Rat, telling the truth, or just being his sleazy self, this time selling “wolf tickets” to the prosecutors to save his own hide?

Based on the Post story, Mr. Williams has been ratting out the Guv for some time. According to Del. Joe Morrissey, my law firm partner and acknowledged as the best criminal trial attorney in the Richmond Metro region, the Governor’s lawyers would have known about the canary act for weeks if not longer.    

Bottom line: The Post story, while news to the public, is thus not news to those inside the Governor’s legal and political inner circle. Mr. Morrissey says in these kinds of cases, you have to assume Williams will rat you out.

The history of Mr. Williams, aka CEO of Star Scientific, is clear: Jonnie boy is not a real businessman at all, but rather a guy who knows how to use political influence and promises of riches to insiders to leverage millions for himself and friends at the expense of everyone else. Sometimes the losers are average investors who buy his stock and lose money, or buy his products and find out they are scams. Sometimes the losers are the governments scammed by Johnny boy out of this or that. Sometimes the losers are the politicians themselves, who get roped into his scheme, only to find out he was slicker, and had cashed out while leaving them holding the bag.

But the pattern is always the same: Jonnie takes the money and runs, leaving someone else holding the bag, many others wrecked or ruined.  Maybe some insiders get out the back door too before everything crashes. Sometimes he wipes out the pension plans of the workers, the home values or the reputations of friends and partners: or all of the above. Sometimes it helps lead to A Great Recession. Sometimes just to a few people getting crushed. But the basic MO, the basic result, is roughly the same: he wins, you lose. Caveat Emptor they call it in the law. Buyer beware. Once a scorpion, always a scorpion in the famous tale.  

 

TO BE SURE: There are some who will “take one for the team”, go down in silence to save their patron. John Mitchell tried to do that for Richard Nixon. Jonnie Williams is none of that. Here, we have simply a sleazy business guy who saw his chances to get his hands on the Governor’s Mansion by putting up more money than anyone else. In his mind, he bought it fair and square.

It was purely cash and carry. Virginia is where he operates. That’s it, nothing more, nothing less, he has access to the Guv due to GOP political stuff over the years and campaign connections to McD, Kilgore, etc. As they say in the business, the McDonnell’s where low-hanging fruit.

A few years before, Governor Warner’s Administration got fooled and gave William’s company an economic grant in return for a promise to create jobs. I believe Kaine’s folks took it back. But regardless of what Governor’s Administration took it back, they realized Williams’ company was a smoke screen, not a real jobs producer as claimed. Okay, a bad pun since it was a tobacco “company” before becoming a diet supplement “company.” But a good analogy.  

Sound familiar? It should: This is what these “business” guys do, they make promises of jobs, of economic riches, but it is all just calculated to help them sell stock or get more investors. In Williams’ case, his company makes no money — but it does attract investors, often little people, fooled by his salesmanship.  

ENTER THEN: Maureen McDonnell, aka First Lady, who was the perfect pigeon for Williams. She has proven to be W—- T—– in that regard, easily swayed by his promises of riches and free stuff, and promises of cashing in when the company makes it big. He lives off these types. Rare to find them in the Governor’s Mansion. But history is full of family members of famous people who have been used in this regard.    

Yes, the Governor was easy pickings for Williams too, once he learned of the financial difficulties due to the beach front property debacle and the McDonnell’s believing they deserved a more expensive lifestyle.

Being W—-T—- isn’t a crime, just a joke. Gaming the VA gift laws is a state crime at best, not a federal one. But clearly McDonnell got a little too greedy, a little too reckless, and a little too arrogant. And apparently, if the Post story is true, a little too trusting.  

THIS SEEMS CLEAR: The federal prosecutors, to the extent what we read is true in the newspapers, got “interested” in McDonnell as collateral damage so to speak. He wasn’t the original target of their investigations. But that doesn’t matter now.  

The question then is this: What does Johnny Williams really know, when did he really know it, and what kind of hard proof does he really have to make a federal case against one or more of the first family? Again, the key thing to remember: Guys like Williams expect to be investigated by the government.

Maybe the SEC goes after his company, maybe the USDOJ comes for him directly, whatever. So as part of the Williams escape plan, did he agree to wear a wire at some point? Had he long been recording telephone conversations with the GUV or First Lady or other officials [legal in VA but not in most states]? Did he keep a diary, or some contemporary records?  

Remember: If the feds decided they would rather get the McDonnells as opposed to Williams, then these things are super valuable as trading leverage for Williams. BOTTOM LINE RIGHT NOW: Once the Governor’s lawyers realized Willie The Rat was singing, they would have to assume the worst.

However, unless Williams has some bombshell document, electric recording, or hard proof of the quid-pro-quo equation, his testimony alone IS NOT GOING TO BE ENOUGH TO GUARANTEE A CONVICTION. Why not? Williams is a sleazy business guy, no amount of federal magic can take the smell off. This is not a guy whose word alone is enough to convict McDonnell. Nor should it be.  

Accordingly, we have to give McDonnell the benefit of the doubt right now even assuming Williams has been singing like ACDC all-night long. Williams is slick enough to tell the USDOJ what they want to hear without lying. But that doesn’t mean it is the truth.  

Virginians would not elect anyone like Williams as their Governor: so why should the federales be allowed to unelect a Governor by using his uncorroborated testimony?

If Willie The Rat was a different guy, we could have a different discussion. Williams has every reason to say whatever he thinks the federales want him to say. I believe the feds are smart enough to know that. I believe they will not go “nuclear” against McDonnell without a slam dunk case. They value their reputation.  

So put me down as Cuba Gooding: “Show me the money” I say. Until then: GUV McDonnell and Maureen McDonnell must be given the benefit of the doubt. You can not trust the likes of a Jonnie Williams. Those leaking stuff about Willie The Rat made this very clear today on the front page of the Washington Post.  

Here are a few Virginia (and national) news headlines, political and otherwise, for Sunday, August 4. Also, check out the video from our neighboring state of Kentucky, where Mitch McConnell’s extremely rude supporters barely let Alison Lundergan Grimes speak. They are REALLY afraid of her! 🙂

*The GOP flips the script on Obama (“So Obama’s that rare socialist who is in bed with big business? Then again, the point of the Republicans’ critique of Obama isn’t to be logical; it’s to be critical – relentlessly, if not rationally.”)

*Martin O’Malley Putting Together “Framework” For Presidential Bid (I’m very impressed with this guy, although I’m not sure he could win the Democratic nomination in 2016. We’ll see…)

*Kentucky’s Senate Race Off To A Wild Start At Annual State Picnic (I badly want to see Mitch McConnell, one of the most cynical, pathetic excuses for a “legislator” in Congress, outta there. Let’s hope his Tea Party challenger knocks him off in a primary, then Democrat Alison Lundergan Grimes can beats the Tea Party guy in the general election in November 2014.)

*The lessons of 2012, lost on Romney (Also lost on Congressional Republicans!)

*Donor assisting investigation of Gov. McDonnell (“The cooperation of Jonnie Williams and Star Scientific in a fast-moving corruption inquiry suggests that prosecutors are focused on trying to build a potential criminal case against the Va. governor”

*McAuliffe said he sought no special visa treatment

*Today’s top opinion: Needed: A new commission (“It is time for Virginia to create an ethics commission.”)

*Cuccinelli, McAuliffe and the Split in the GOP (“Cuccinelli is the candidate with the problem of a split party. Not only is he lagging the gaffe-prone McAuliffe in fundraising, but mainstream members of his own party are abandoning ship in increasing numbers.”)

*Cuccinelli’s backward vision

*Idea of revived candidacy for Bolling lingers

*Schapiro: A tale of two politicians (“How did McDonnell get in this fix? How did he so masterfully diminish himself? McDonnell had big plans, maybe even for national office. Now his last name is a nine-letter synonym for scandal.”)

*Is it CONSOL vs. Virginia’s two gubernatorial candidates? (“CONSOL – based in Pittsburgh – is a top contributor to Cuccinelli’s bid for governor, with $111,044 and an $82 dinner donated to his campaign since 2012, according to campaign watchdog Virginia Public Access Project.”)

*Gifts to ABC from alcohol industry a ‘gray area’ (Uhhhh…not cool. This it yet ANOTHER abysmal ethics area for Virginia legislators to tighten up.)

*Va. governor, six predecessors attend Byrd funeral

*Va. gun crime drops again as firearm sales soar

*In Washington area, rabbits are multiplying just like … you know (“The bunny population is surging in the D.C. region, but only until foxes and other predators catch up.”)

*D.C. area forecast: Sunday turning splendid; Monday? Marvelous.

*Ross Detwiler may be out for the season

*Haren is finally paying dividends (“A revitalized Dan Haren steamrolls for seven scoreless innings but Jayson Werth hobbles off the field.”)

Here are a few Virginia (and national) news headlines, political and otherwise, for Saturday, August 3. Also, check out President Obama’s weekly address, on “securing a better bargain for the middle class.”

*U.S. Cuts Take Increasing Toll on Job Growth (Republicans trying their best to kill the economy, while Democrats try to help it recover. Priorities, priorities.)

*U.S. issues worldwide travel alert amid terrorism fears

*2 major candidates for governor appear at Virginia Farm Bureau forum in Wytheville (“McAuliffe went after Republican Attorney General Cuccinelli for opposing Gov. Bob McDonnell’s signature transportation policy, painting him as outside the political mainstream.”)

*Clouds Spread to Democratic Side of Virginia Governor’s Race

*Under fire from Bloomberg on guns, Virgina Gov. Bob McDonnell’s ‘factual’ response misfires (“‘We’re getting killed, and we’re getting killed with guns … from elsewhere,’ Bloomberg charged, but Richmond’s rebuttal lacks firepower.” Message to Mayor Bloomberg: put a few million dollars of your money into helping Virginia Dems take back the governor’s mansion, Attorney General’s office, and House of Delegates if you want this situation to change!)

*Virginia candidates woo prosecutors

*Mansion director leaving for job at Richmond jail (The jokes write themselves…)

*Governor says daughters returned gifts on their own

*SCC unit endorses 15 health plans for new insurance exchange

*SEC probes company tied to McAuliffe

*Fighter jet crash leads to harrowing ocean rescue

*Capital Bikeshare’s growing pains

*Some rain to dodge into tonight, but turning delightful afterward (“No early-August scorchers this year. In fact, after today, prepare for outstanding.”)

*Zimmermann earns career-high 13th win as Nationals beat Brewers (One bright spot in a dismal season…Jordan Zimmerman.)