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Archive for February, 2017

While Attorney General Jeff Landry has been gearing up to oppose Gov. John Bel Edwards in the 2019 elections, there is another potential candidate who is making noise like a potential candidate and if he does run, it can only spell bad news for Landry.

You may remember his name.

Piyush, aka Bobby Jindal.

Before you laugh at the prospect of one with an approval rating hovering around 30 percent when he left office just over a year ago, remember that he is delusional even to the point of believing he was first, a viable candidate for President and later as Donald Trump’s Secretary of Education.

With Timmy Teepell whispering in his ear (for the big bucks he gets at Jindal’s alter-ego), it’s plausible that he actually believes he can waltz back into the governor’s mansion. And I, for one, am not about to discount his chances after my prediction the day Trump announced for president that he would “crash and burn in six weeks.”

For openers, it’s important to note that Jindal never disbanded his AMERICA NEXT 501(c)(4) conservative think tank formed in 2013 to boost his comical attempt to wrest the Republican presidential nomination from a host of presidential wannabes.

Though he has made no formal—or informal, for that matter—announcement that he has his eye on “the only job he ever wanted,” he is making what some observers might see as an attempt to put himself in Trump’s good graces.

Using America Next as his forum, Jindal on Friday launched an attack on critics of Betsy DeVos, Trump’s choice for Secretary of Education. And he got Politico’s help in spreading the word.

Jindal wrote the piece as if (a) he can ride the coattails of Trump (who may not even know who he is) in 2019 or as though (b) anyone cares. This is, after all, the same Jindal who never rose above 1 percent in Iowa, where his presidential campaign started—and died an anonymous death. He is the would-be Boy Blunder to Donald Trump’s Batty Man.

Jindal has never passed up an opportunity for shameless self-promotion, even when ostensibly supporting someone else. And, of course, he didn’t let us down this time when he wrote, “America Next is overseen by former Louisiana Gov. Bobby Jindal, who has also advocated for education reform. Before DeVos was picked for the post, Jindal had been mentioned as a possible contender.”

It’s highly likely that the only one to mention him as a “possible contender” was Jindal himself. It’s reminiscent of a man with whom I once worked who was constantly applying for jobs for which he held no qualifications. Invariably, he would announce to us at break that he was a lock for the job because “They accepted my application.”

Jindal somehow managed to get Politico, an Internet political news service, to post a story about a pro-DeVos ad campaign being launched by America Next.

In its story, Politico quoted America Next: “With education secretary nominee Betsy DeVos facing a rocky path to confirmation, a conservative group is launching a pair of scorched-earth TV ads defending her – and accusing her Democratic opponents of being ‘full of rage and hate.’”

Politico further quotes from America Next: “Why is the radical left so full of rage and hate? They still can’t accept that Trump won and they lost,” it says. “Now extreme liberals like Elizabeth Warren are trying to stop Betsy DeVos from becoming secretary of education.

“Why? DeVos angers the extreme left because she exposes their hypocrisy. DeVos wants low-income kids to have the same choices that liberal elitists have for their families. DeVos wants equal opportunity for all kids. That makes angry liberals even angrier.”

A second commercial accuses “Washington liberals” of opposing “giving low-income families the same education choices as everyone,” Politico wrote.

The group is spending more than $500,000 to air the commercials, which will begin running Friday morning on multiple networks nationwide.

The ads were created by Curt Anderson, a veteran strategist who has worked for Jindal and a number of prominent Republican politicians.

“Betsy has been very polite and deferential to these Democrat senators,” Jindal wrote in an email. “But we don’t have to.”

Tough talk from a guy who left office with such a dismal approval rating. But hey, he’s a tough guy. After all, eschewing rubber boots, he chose to wear his Hopalong Cassidy cowboy boots at the opening of the Foster Farms chicken processing plant in Farmerville while he was governor.

Oh, and at the end of the piece, there was the obligatory “Click Here to Donate” button. Preachers and politicians just can’t seem to get a message across without asking for money.

Joking aside, Jindal has the kind of ego that keeps him in a constant state of denial about his lack of achievements and low approval ratings—and the youth and kind of misplaced self-worth that would drive him to try to match Edwin Edwards at the state’s only four-time governor.

Now if he can just get Trump’s endorsement…

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“Hebert respectfully asks the court to stay the proceedings until the statute of limitations has run on any criminal charges that could be brought in connection with these matters.”

—Renee Culotta, attorney for former ATC Director Troy Hebert, in her Memorandum of Support of her Motion for Protective Order in the civil matter of former ATC agent Brett Tingle’s wrongful termination lawsuit against Hebert.

“Should he (Hebert) provide answers to these questions, he could face indictment and criminal prosecution.”

—Culotta, in that same memorandum.

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There are times when, after you break a major story about official wrongdoing and after the requisite denials by those involved, everything gets quiet and the story seems to have hit a dead end. Or at least been placed in a state of suspended animation.

But generally, if you are willing to be patient and wait long enough, the story gets new life with the surfacing of new information.

So it was a year ago when LouisianaVoice and New Orleans Fox8 News investigative reporter Lee Zurik simultaneously broke a STORY that Troy Hebert, former director of the Office of Louisiana Alcohol and Tobacco Control (and furtive candidate for the U.S. Senate last fall—he got one-half of one percent of the vote), was under investigation by the FBI for:

  • Extorting sex from a New Orleans woman, Sarah Palmer, in exchange for approval of a liquor license for the French Quarter restaurant she managed, and
  • Illegally steered applicants for liquor licenses to attorney Chris Young for representation through Young’s sister, Judy Pontin, executive management officer for the New Orleans ATC office.

Now, thanks to a wrongful termination lawsuit filed against Hebert by a former ATC agent, those same issues have surfaced again.

Documents concerning still another issue, the suppressing of an investigation into a Baton Rouge bar following a 2012 accident involving a patron of the bar who had a blood alcohol content of .307 when he struck and killed two cyclists, killing one and injuring the other.

LouisianaVoice wrote in a February 2016 POST that Hebert wrongfully took control of the investigation and personally exonerated the Bulldog Bar from any wrongdoing. Chris Young was legal counsel for the Bulldog.

The only problem for fired ATC agent Brett Tingle, who filed the lawsuit against Hebert, it’s possible that none of Hebert’s repeatedly invoking the Fifth Amendment in a deposition will be allowed into testimony.

Federal Judge John DeGravelles of Louisiana’s Middle District in Baton Rouge, currently has under advisement Hebert’s motion for protective order filed by attorney Renee Culotta which would, if granted, prohibit Tingle’s attorney, J. Arthur Smith, III, from posing any questions at trial about Hebert’s relationship with Palmer and/or Young.

In his deposition taken in December 2016 in preparation for trial in the Tingle matter, Hebert repeatedly invoked the Fifth Amendment when Palmer’s name was brought up by Smith, as illustrated by the following exchanges:

  • Smith: “Do you recognize this (redacted) document?”
  • Hebert: “I’m going to exercise my Fifth Amendment right.”
  • Smith: “Do you know a lady by the name of Sara (sic) Palmer?”
  • Hebert: “I’m going to exercise my Fifth Amendment right.”
  • Smith: “Have you engaged in any infidelity during your marriage to Dawn Vick?”
  • Hebert: “I’m going to exercise my Fifth Amendment right.”
  • Smith: “That’s not a Fifth Amendment matter.”
  • Smith” I’m going to show you Exhibit No. 9 (redacted). What is this document, sir?
  • Hebert: I will exercise my Fifth Amendment right.”
  • Smith: “So with respect to Exhibit No. 9, you’re exercising your Fifth Amendment right”
  • Hebert: “I answered the question.”
  • Smith: “I’ll show you (exhibit) No. 10 (redacted). Do you recognize the Exhibit No. 10?”
  • Hebert: “I will exercise my Fifth Amendment right.”

While the exhibits were redacted in Hebert’s Memorandum of Support for obvious reasons, the motion did note that exhibits eight and nine were “documents concerning” Louisiana Oyster House, dba Star Steak and Lobster (the restaurant managed by Palmer), notably a notice of violation and renewal applications. Exhibit 10, Culotta said, “concerned Chris Young documents previously attached to Hebert’s deposition as Exhibit 10-12.”

Interestingly, in his Memorandum in Support of his Motion for Protective Order, Hebert said that while he has not been indicted and there is “no active criminal case” against him… “It is clear Hebert has been under investigation by the FBI, and should he provide answers to these questions, he could face indictment and criminal prosecution.” (Emphasis added.)

And this memorandum, we should point out, was written by Hebert’s attorney, Renee Culotta, who is being paid thousands of dollars while under contract to the Attorney General’s office as a contract attorney—just as she was in a previous lawsuit against ATC, that of Lisa Pike, a former ATC employee who also sued Hebert. The terms of that settlement have been held confidential by the court.

LouisianaVoice has made a public records request for Culotta’s billing for legal representation in the Pike matter. Her billing in the defense of the Tingle lawsuit would not be made available because the case is ongoing.

Culotta said in the memorandum that allegations by Palmer against Hebert “occurred in January 2016, well after Tingle’s work for and termination from the ATC. Tingle did not participate in any issue concerning Sarah Palmer and/or Steak and Lobster, and no facts about Palmer or Steak and Lobster are contained in (Tingle’s) complaint.

“Likewise, the issues concerning Chris Young (i.e., whether Hebert gave preferential treatment to Young and/or referred clients to Young as part of an illegal scheme) are also not a part of this lawsuit and are not relevant to and have no bearing on whether Hebert allegedly retaliated against Tingle because of Tingle’s participation in the race discrimination charges and lawsuits filed by three African-American employees.

Tingle’s counsel’s questions and discovery concerning Chris Young and/or Sarah Parker were only meant to embarrass and harass Hebert,” Culotta said in her memorandum.

“Hebert cannot fully defend himself in the civil case (i.e., by explaining his position concerning Young, Palmer and (t)he Star Steak and Lobster license renewal) while the threat of criminal prosecution is looming.

“Plaintiff cannot have it both ways: if he intends to pursue this evidence, he then must agree to a stay in order that Hebert can defend himself without threat of criminal prosecution.

“Defendant Troy Hebert respectfully requests (that) this court issue a protective order forbidding plaintiff’s counsel from discovering, asking any questions about or referencing Chris Young, Sarah Palmer and/or the Star Steak and Lobster restaurant going forward in this litigation. To the extent plaintiff claims these issues are relevant, then Hebert respectfully asks the court to stay the proceedings until the statute of limitations has run on any criminal charges that could be brought in connection with these matters.” (Emphasis added.)

Now I don’t pretend to be a legal scholar. Journalism schools (or at least the one I attended) sadly do not require any courses in law even though any career journalist is going to be covering courtroom procedure at some point during his career.

That said, it appears to me that someone is one helluva lot more concerned with potential criminal exposure than any civil liability.

But then, that’s understandable. If a public official is convicted of criminal wrongdoing, he is the one who is penalized. If, on the other hand, a civil verdict is returned against that same individual, it is the taxpayer who ultimately pays whatever judgment is assessed.

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