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Archive for April, 2014

It has been a little over four years since democracy officially died in this country and sufficient time has passed to safely proclaim that you, the American voter, are no longer relevant. You have gone the way of the Edsel and the 8mm movie camera.

If indeed, your voice ever really was heard in the halls of Congress and in the 50 state legislatures, it has been officially muted by the U.S. Supreme Court which, on Jan. 21, 2010, officially handed over the reins of government in this country to corporate entities and power broker billionaires like the Koch brothers, Bill Gates, Sheldon Adelson and the Walton family.

And yes, we were exposed to enough civics and American history in school to know that we do not live in a democracy but rather a representative republic which, by definition, is a representative government ruled by law—in our case, the U.S. Constitution.

But the question must be asked: representative of whom or more accurately, representative of whose interests?

To illustrate how elected officials react to the jingle of loose lobbyist change as opposed to the real needs of constituents, let’s bring the story up close and personal as we consider the story of Billy Tauzin.

Remember Billy Tauzin, the Louisiana Democrat turned Republican from Chackbay?

Tauzin, you may recall, was Louisiana’s congressman from the 3rd Congressional District from 1980 to 2004.

In a move that should cloud the rosiest of rose colored glasses, Tauzin in 2003 helped draft the bill that created a Medicare drug benefit but which, at Tauzin’s insistence, barred the government from negotiating drug prices. In other words, whatever the pharmaceutical firms wanted to charge for prescription drugs for Medicare patients was what they got. No discounts as when Medicare discounts physician and hospital charges. Pharmaceutical prices were set in stone.

Then, in December of 2004, Tauzin abruptly resigned from Congress to become president of….(drum roll, please)…the Pharmaceutical Research and Manufacturers of America (PhRMA).

As if that were not egregious enough, Tauzin in his role as PhRMA President, later cut a deal with President Obama in which PhRMA volunteered to help cover the uninsured and to reduce drug prices for some senior citizens in exchange for a promise from Obama that the administration block any congressional effort to allow the government to negotiate Medicare drug prices. The deal was Tauzin’s effort to concede a few bucks on behalf of the pharmaceutical industry in exchange for a guarantee that a much more lucrative—and long-term—deal would remain intact.

Except it didn’t. And only when the deal unraveled did we learn the sordid details of the aborted agreement.

Ironically enough, it was the House Energy and Commerce Committee, the very committee that Tauzin chaired when he cut his original deal to prevent negotiating drug prices in 2004 that ultimately torpedoed him by amending the health reform bill to allow Medicare drug negotiation.

“Who is ever going to go into a deal with the White House again if they don’t keep their word?” sniffed the man who sold his soul—and his office—to PhRMA.

Should we feel betrayed by Tauzin? Should we be outraged?

Why should we? The little episode just described is only one of hundreds upon hundreds of cases of greed-driven deceit carried out by virtually each of the 535 members of Congress. In short, what he did is only symptomatic of a much larger problem in Washington and which filters down to every one of the 50 state legislatures and assemblies.

Whoever coined the phrase “Money talks, B.S. walks” should be enshrined in some kind of exclusive (as in its only member) philosopher’s hall of fame—and dual membership in the political hall of fame as well.

It’s been that way for more than a century now of course, but on Jan. 21, 2010, the U.S. Supreme Court made it official with its 5-4 ruling on Citizens United v. the Federal Election Commission. All that ruling did was open the floodgates for corporate money to flow on behalf of any member of Congress who might be for sale. (And just in case it may still be unclear, make no mistake that the word “any” in this case is synonymous with “all.”)

The Citizens United decision said that the government had no business regulating political speech—even by corporations which were—and are—still prohibited from contributing directly to federal campaigns but were now free to pour unlimited funds into political action committees (PACs) which in turn could purchase political advertisement on behalf of or in opposition to any issue or candidate.

Those PACs, more accurately described as “Super PACs,” proliferated overnight, cluttering the landscape with TV ads baring nothing more than a tiny “paid for” line at the bottom of the screen to identify the origins of the attack ads.

Like her or not, Hate or love the Affordable Care Act, it should gall every Louisiana citizen to know that it is one of those Super PACs that is buying all of those TV attack ads trying to tie Sen. Mary Landrieu to President Obama. It should nauseate television viewers in this state to know (of course they don’t tell you) that all those TV ad testimonials from Louisiana citizens that tell how Obamacare has devastated their lives and wrecked their homes come from actors—none of whom are Louisiana citizens. That is deceptive advertising in every sense of the word and yet it’s perfectly legal—all the illegitimate child of Citizens United.

So, what exactly is Citizens United? We hear the word bandied about but no one tells us just what it is. Well, here it is in all its ugly trappings:

Citizens United was founded as a PAC in 1988 by Washington political consultant Floyd Brown. More important than the founder’s identity was is the fact that the bulk of the organization’s funding comes from none other than the infamous Koch brothers, the moving force behind the American Legislative Exchange Council (ALEC).

So, on the one hand, the Koch brothers financially underwrite favorable federal candidates to the tune of millions of dollars through Citizens United. On the other hand, at the state level, ALEC conducts training sessions to develop “model legislation” for state legislators to take back to their home states for passage—legislation, for example, that keeps the minimum wage down, denies medical coverage for the poor, insures the continued existence of those payday loan companies, privatizes prisons and other services for the profit of member companies who run them, establishes “education reform” through charter schools and online virtual schools, and opposes employee unions while gutting employee pensions.

Standing shoulder to shoulder with the Kochs are members of the Walton family, Bill Gates and Sheldon Adelson, the Las Vegas casino magnate to whom all the 2016 Republic presidential hopefuls, Bobby Jindal included, paid the requisite homage recently by making the pilgrimage to Vegas to bow and scrape before his throne in the hope that he would anoint one of them as the Republican candidate for President. (It must have been a sickening sight to watch those sycophants suck up to him like so many shameless American Idol audition hopefuls.)

As the Super PACs proliferated, so, too, did the money poured into political spending. Comparing the last two presidential election years, we see that Super PAC spending on all federal races went from nearly $40 million in 2008 to almost $90 million in 2012.

Being realistic, suppose that you, a citizen, contribute $1,000 to a congressional candidate who at the same time benefits from hundreds of thousands of dollars spent on his behalf by a Super PAC representing, say, a large pipeline company owned by someone like, say, the Koch brothers. That pipeline is projected to run right across prime cattle grazing land that you own and you aren’t too keen on the idea. So you contact your congressman to voice your opposition. Now, just who do you think has his ear—you and your $1,000 contribution or that Super PAC and its hundreds of thousands of dollars? That’s what we thought.

All these Super PACs were formed as either 501(c)(4) or 527 organizations—both tax exempt but with one major difference.

Tax-exempt 527s must make available the names of all their contributors while 501(c)(4) PACs can keep their donors’ identities a closely held secret, thus giving birth to the term “dark money” in political campaign vernacular. When Jindal formed his Believe in Louisiana as a 527 several years ago, for example, he dutifully listed all contributors, as well as all expenditures, as required. That may have embarrassing after LouisianaVoice published a lot of the names of both contributors and expenditures, including millions paid Timmy Teepell and OnMessage.

When Jindal formed his new America Next PAC earlier this year, it was formed as a 501(c)(1), meaning he could keep the names of his donors confidential so as to continue to promote his transparency doctrine as he gads about the country in his attempt to grab the brass ring. He apparently learned a lesson about forming as a 527 and about true transparency.

So, we reiterate: you the voting citizen of Louisiana and America are no longer relevant. Your vote has already been decided by those 527s, the 501s and the political consulting firms that will package the TV ads purchased by the PACs to present to you, the pawns in a huge chess game, so you can validate those ads by obediently trekking to the polls to pull the lever in an election whose outcome will have already been pre-ordained. Oh, there will be some upsets along the way just to keep up the appearance of democracy in action but in the long run, it won’t matter one whit.

The voice of the candidate whose passion is sincere, who is concerned about the issues, who cares for the voters, and who holds the ideals of fairness and constituents’ interests close to his heart, will never be heard. His appeals to justice and equality and a promise of an office that will not be for sale will be drowned out by anonymous actors flickering across your TV screen who pretend to be one of you—but really aren’t—and who will pound into your brain the truth as determined by corporate interests—a message that will resonate with you despite the efforts of that obscure candidate who would, if he only could, be an example of everything that should be good about this country.

That is the sad epitaph for the American representative republic (b. July 4, 1776; d. Jan. 21, 2010).

And if this doesn’t make your blood boil, shame on you.

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The Legislative Exchange Council (ALEC) agenda, as we have shown here on numerous occasions, promotes unyielding opposition to any legislation that smacks of benefits to workers, the unemployed and the poor.

Among other things, ALEC, led by the Koch brothers, pushes legislation that:

  • Opposes an extension of unemployment benefits;
  • Undermines the rights of injured workers to hold their corporate employers accountable
  • Promotes for-profit schools at the expense of public education;
  • Opposes consumers’ right to know the origin of food we consume;
  • Opposes an increase in the federal minimum wage;
  • Limits patient rights and undermines safety net programs including, of all things a call to end licensing and certification of doctors and other medical professionals.

While the effort to end licensing and certification of medical professionals might play into the hands of State Sen. Elbert Guillory (R-D-R-Opelousas) and his affinity for witch doctors, such a move probably would not work to the benefit of the average patient.

Chameleon Sen. Elbert Guillory: Republican, Democrat, Republican, runs for Lt. Gov. after consulting witch doctor

And while ALEC vehemently opposes any legislation that might remotely resemble benefits to the poor or which might invoke that hated word welfare, the organization’s agenda remains something of a paradox when one takes a step back and examines the spate of corporate welfare programs enacted by willing accomplices in the highest reaches of Louisiana politics.

Generous tax exemptions, credits, and incentives have proliferated to an extent not even imagined by the injured or unemployed worker trying to provide for his family—while generating few, if any, real benefits in the way of new jobs.

Probably the most glaring abuse of the incentives offered by our Office of Economic Development are the absurd tax dodges meted out to the movie industry and for what—being able to boast that we’re now recognized as Hollywood East.” That offers little encouragement to the guy trying to pay for a mortgage, a car payment, education of his kids, and health care if he’s hurt or can’t find a job.

By contrast, LouisianaVoice has found a few federal farm subsidy payments to several “persons of interest” which may come as a surprise to Louisiana’s great unwashed. Then again, maybe not.

For example, we have former legislator (he served in both the House and Senate) Noble Ellington, two years ago appointed to the $130,000 per year position of Deputy Commissioner of Insurance despite his having no experience in the field of insurance.

Ellington, a Republican from Winnsboro, also served until his retirement from the legislature as ALEC’s national president and even hosted the organization’s annual convention in New Orleans in 2011 so it stands to reason that he would, on principle alone, reject out of hand any form of welfare—even such as might be to his own financial benefit.

Not so much.

From 1995 to 2012, Ellington received $335,273 in federal farm subsidies while sons Ryan Ellington and Noble Ellington, III, received $89,000 and $25,223, respectively—nearly $450,000 for the three.

Granted, the senior Ellington made his fortune as a cotton merchant so we suppose that qualifies him to the subsidies—except for his position as National President of ALEC which is diametrically opposed to welfare. Oops, we forgot; that’s diametrically opposed to welfare for all but the corporate world. Our bad.

And then there’s Ellington’s successor to the Louisiana House, Rep. Steve Pylant (R-Winnsboro), who introduced a bill during last year’s session that would have required the Board of Elementary and Secondary Education (BESE) to “adopt rules and regulations that require all public high school students beginning with those entering ninth grade in the fall of 2014, to successfully complete at least one course offered by a BESE-authorized online or virtual course provider as a prerequisite to graduation.”

If that’s not corporate welfare, in that it guarantees a constant revenue stream in the form of state payments to private concerns offering those Course Choice courses, we will shine your shoes free for a year.

During the same time period, 1995 to 2012, Pylant received nearly $104,400 in federal farm subsidies.

His occupation prior to his election to the Louisiana House? He was sheriff of Franklin Parish.

Another ALEC member, State Sen. Francis Thompson (D-Delhi), also received $472,952 in federal farm subsidies for the same time period as Ellington and Pylant.

Thompson holds an Ed.D. Degree from the University of Louisiana Monroe (formerly Northeast Louisiana University) and lists his occupation as educator and developer.

Other ALEC members, their occupations and federal farm subsidies received between 1995 and 2012:

  • Bogalusa Democratic Sen. Ben Nevers—electrical contractor, $20,000;
  • State Rep. Andy Anders (D-Vidalia)—salesman for Scott Equipment, $34,175;
  • Rep. Jim Fannin (R-Jonesboro)—Chairman of the House Appropriations Committee, “independent businessman” and also has a background in education, nearly $2600—a pittance by comparison but still indicative of the mindset of the ALEC membership when it comes to applying a heaping helping of double standard to the public trough.

To be completely fair, however, it should be pointed out that Nevers introduced a bill this session (SB96) that called for a constitutional amendment that would make health care available under Medicaid to all state residents at or below 138 per cent of the federal poverty level—an effort that sets him apart from those who parrot the standard ALEC position on medical care for the poor. Of course his bill failed in committee by a 6-2 vote today (April 23) after Sen. Dan Claitor (R-Baton Rouge) moved to defer action.

Perhaps voters will remember Claitor’s compassion for those without health care in this fall’s (Nov. 4) congressional election.

Two other legislators and two political appointees of Gov. Bobby Jindal who are not members of ALEC also combined to receive nearly $561,000 in federal farm subsidies between 1995 and 2012, records show. They are:

  • State Rep. Richard Burford (R-Stonewall)— dairy and beef farmer, $38,000;
  • State Rep. John Morris (R-Monroe)— attorney, $11,625;
  • Robert Barham of Oak Ridge—Secretary, Department of Louisiana Wildlife and Fisheries, $489,700;
  • Lee Mallett of Iowa, LA.—member of the LSU Board of Supervisors, $21,600.

All but Burford and Mallett reside in the 5th Congressional District formerly represented by Rodney Alexander (R-Jonesboro), who now heads the Louisiana Department of Veterans Affairs.

The 5th District includes the Louisiana Delta which make up one of the largest row crop farming communities of any congressional district in the nation.

Accordingly, the $289,000 paid out to recipients in 2012 was easily the highest of Louisiana’s six congressional districts, more than double the 4th District represented by John Fleming and accounting for 50.6 percent of the statewide total.

For the period of 1995-2012, the 5th District also ranked highest in federal farm subsidies with the $23.7 million paid out representing 31.2 percent of the total and ranking slightly ahead of the 3rd Congressional District of Charles Boustany, which had $21.1 million (27.8 percent).

Of the $292.5 billion paid in subsidies nationwide from 1995-2012, the top 10 percent of recipients received 75 percent of all subsidies, or an average of slightly more than $32,000 per recipient per year for the 18-year period reported by the U.S. Department of Agriculture. USDA records also reveal that 62 percent of all farms in the U.S. received no subsidy payments.

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“I have made the decision to wind down the organization over the coming months. It wasn’t an easy decision, and the unavailability of this technology is a real missed opportunity for teachers and school districts seeking to improve student learning.”

—Iwan Streichenberger, Chief Executive Officer of inBloom, in announcing the decision to terminate efforts to gather and store confidential student information in a massive data bank controlled by Rupert Murdoch and Bill Gates.

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We are back from an extended Easter break and the first thing that landed on our desk was an interesting story of national import and one in which LouisianaVoice played a small but important role more than a year ago.

It was on Feb. 20, 2013, that we broke a story which almost immediately (among bloggers, that is; the mainstream media continued to ignore the impact of our revelations for several more months) produced state repercussions against John White and the Louisiana Department of Education (LDOE). https://louisianavoice.com/2013/02/20/doe-emails-reveal-secretive-programs-ties-to-gates-rupert-murdoch-and-fox-news-network-agency-in-general-disarray/

That story, of course, was about the agreement between LDOE and inBloom, headed by Rupert Murdoch and supported in large part by a hefty cash infusion of $100 million by Bill Gates, that called for InBloom to provide sensitive personal data on hundreds of thousands of Louisiana school children—with no guarantee from inBloom that the data would not be susceptible to intrusion or hacking.

Yesterday, April 21, 2014, just 14 months after our initial story, came the word that inBloom was shutting down. http://bits.blogs.nytimes.com/2014/04/21/inbloom-student-data-repository-to-close/?_php=true&_type=blogs&_r=0

What was Murdoch’s motive for this ambitious program” Well, we’ll let him tell you in his own words: “When it comes to K through 12 education, we see a $500 billion sector in the U.S.” http://www.inthepublicinterest.org/blog/jeb-bushs-education-nonprofit-really-about-corporate-profits?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+itpi-blog+%28ITPI+Commentary+Feed%29

Yesterday’s news, welcome as it certainly is, is nevertheless tempered somewhat by two nagging questions:

  • What becomes of all that data inBloom has already received from state school systems across the U.S., Louisiana included?
  • Does one realistically believe that Murdoch and Gates are going to just walk away from a “$500 billion sector” in the U.S. economy?

The answers, in order, are: who knows and not likely.

Subsequent to our posting our original story, White attempted to assuage the public concern about “parking” private student data in the inBloom “garage,” announced on April 19 that he was withdrawing student information from the InBloom database. When inBloom responded by claiming Louisiana was “still part of inBloom community,” LouisianaVoice made a public records request three days later (April 22) in which we asked for “the official letter or email that you sent to inBloom to cancel the data storage agreement…”

White ignored our request and LouisianaVoice filed suit and the case was settled prior to trial with LDOE having to fork over our legal costs plus $3500 in fines. What we finally got was a statement from LDOE saying, “…the Department is not in possession of any public record(s) responsive to the above-written request.” https://louisianavoice.com/2013/05/10/holy-missing-documents-batman-doe-has-no-record-of-inbloom-agreement-cancellation-for-student-data-parking/

The information we literally stumbled upon was contained in 119 pages of emails we had requested from LDOE. (Also among those emails was that now-infamous, somewhat creepy exchange between Peter Gorman, senior vice president of Wireless Generation, the newly-formed education division of Murdoch’s News Corp., and Louisiana Superintendent of Education John White in which White confided to Gorman, “Dude—you are my recharger.”)

The story of Louisiana’s plans to take part in Murdoch’s scheme actually broke a month before our initial story, but included Louisiana only peripherally. A New York non-profit organization calling itself Class Size Matters, in January 2013 made mention of the fact that Louisiana would be participating in the data collection move a month before, but no one in Louisiana (White’s small circle of sycophants at LDOE) had any knowledge of what was taking place with this confidential student information.

When our story about Louisiana’s intentions to contribute personal student data to inBloom broke, friend and fellow blogger Jason France of The Crazy Crawfish (an announced candidate for Chas Roemer’s seat on the Board of Elementary and Secondary Education) immediately re-blogged our post. In quick order, others, like Diane Ravitch, formerly assistant secretary of education under President George H.W. Bush and now an activist against many national education programs like Common Core, helped the story go viral.

As of April 2, 2014, Class Size Matters announced that each of the nine states originally listed as inBloom’s “partners,” including New York, had either pulled out completely, put data sharing plans on indefinite hold or made data-sharing voluntary on the part of individual school districts. Some local New York school superintendents even wrote letters to inBloom, demanding that their data be deleted, a request that inBloom rejected.

When it was launched, inBloom announced that the nine states were “partners” in the data-sharing plan. After protests from parents and privacy advocates, however, three states pulled out completely. The three states were identified as Colorado, North Carolina and Louisiana.

“Because of the egregious over-reaching of the Gates Foundation and inBloom,” said Class Size Matters in a prepared statement posted on its web page, “parents throughout the country have now been awakened to the myriad threats to student privacy…all in the name of ‘personalized learning.’” http://www.classsizematters.org/inbloom_student_data_privacy/

All of which clearly and unquestionably illustrates the importance of reporting the real news, the real issues, as opposed to simply printing press releases and asking questions instead of accepting elected officials’ and bureaucrats’ condescending assurances as gospel—and of the effectiveness of concerted efforts on the part of a determined citizenry to work toward a common goal.

Are we (LouisianaVoice and Crazy Crawfish) proud? Are we bragging? Are we entitled to grab a small share of the credit?

Damn right.

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“Loyalty to Joe Aguillard apparently would include a requirement to ignore unlawful and unethical behavior…”

“The reports by Timothy Johnson to Louisiana College obviously had nothing to do with religion and everything to do with personal and institutional integrity and honesty.”

—Statements by Tim Johnson in his Mar. 11 lawsuit against Louisiana College and college President Joe Aguillard. Tim Johnson, son-in-law of Rev. Mack Ford, is said to have removed a girl from the New Bethany Home for Girls after she recorded Ford’s sexual assault of her more than 30 years ago. Johnson, whose son served for a decade as State Director for former Congressman Rodney Alexander, was appointed Wednesday to a $55,000-a-year job with the Louisiana Office of Veterans Affairs which Alexander heads.

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