Louisiana Voice

Mr. Trump’s lawless, amoral and dishonorable ethos makes a mockery of the democratic accountability that is fostered through respect for law and our constitutional principles. He has overtly refused to honor the independence of the judiciary, failed to acknowledge the authority of Congress and the corresponding constraints imposed on a president by the separation of powers, demonized the free press that speaks truth to power, and undermined due process and the fair administration of justice by relentlessly politicizing the investigation and enforcement of the criminal law. Chanting ‘lock him (or her) up’ or ‘enemy of the people’ are statements we could not have imagined Presidents Reagan, George H.W. Bush or George W. Bush – or any president before this one – uttering about a political opponent or about some of our leading news organizations,” they write. “Those ugly sentiments are the very antithesis of American ideals and echo the authoritarian tyrants that every previous president would have challenged.”

—Open letter by five lawyers who worked in the Ronald Reagan administration, explaining why they are endorsing Joe Biden for president.

The Trump administration’s efforts to suppress votes amid a global pandemic fueled by their disregard for human life will not be tolerated in the birthplace of American democracy,” Krasner said. “Philadelphians from a diversity of political opinions believe strongly in the rule of law, in fair and free elections, and in a democratic system of government. We will not be cowed or ruled by a lawless, power-hungry despot. Some folks learned that the hard way in the 1700s.”

—Philadelphia District Attorney Lawrence Krasner, on Donald Trump’s efforts to intimidate voters in that city.

If Sleepy Joe Biden is actually elected President, the 4 Justices (plus1) that helped make such a ridiculous win possible would be relegated to sitting on not only a heavily PACKED COURT, but probably a REVOLVING COURT as well.”

—Donald Trump tweet after U.S. Supreme Court handed him a defeat with its decision to allow late counting of ballots in Pennsylvania and North Carolina. [Meanwhile, Trump has cancelled plans for an election night party at Trump International Hotel in Washington, D.C. Sounds like someone is resigned to losing the election.]

November 3rd will go down in history as the night we won FOUR MORE YEARS. It will be absolutely EPIC, and the only thing that could make it better is having YOU there.”

—Trump email to supports just this week (even I got one) announcing a drawing to give one winner and a guest the chance to be flown to Washington to stay for free and attend that now-cancelled victory party at Trump International. [Oops.]

In a time when hate, negativity and fear are the messages the media streams into our homes and the large tech companies are protecting political censorship, we need to remember what is really important. My husband’s administration is focused on the future, the health and safety of the American people, the education and wellbeing of our children.”

—Melania Trump, trying out her new stand-up comedy routine in Tampa on Thursday.

Donald Trump has an atrocious history here in Atlantic City. His properties started out as gems, and he let them fall into disrepair for the sake of making a dollar. He hurt so many little mom-and-pop shops and small businesses.”

—Atlantic City Mayor Marty Small.

I wasn’t coming to Erie. I have to be honest. There’s no way I was coming. I didn’t have to. And then we got hit with the plague, and I had to go back to work.”

—Trump, to supporters in Erie, Pennsylvania. [That’s right, Trump, insult your supporters to their faces – and they love it. Says something about you and them.]

NOT A TRUMP QUOTE, but it should be (with apologies to Cavin & Hobbes):

“As a fact atheist, I should be excused.”

Read Full Post »

State Rep. Lance Harris, who was hell-bent on fighting Gov. John Bel Edwards’s executive order limiting nonessential businesses to 25 percent of normal capacity in response to the coronavirus pandemic, may have got a certain part of his anatomy caught in the federal campaign finance wringer.

Harris, of Alexandria, is one of nine candidates to fill the seat of lame-duck U.S. Rep. Ralph Abraham in Louisiana’s 5^th Congressional District in Tuesday’s election. He is also one of several Republican legislators who, for the life of them (literally), just couldn’t make the correlation between Edwards’s restrictions and Louisiana’s relatively favorable results in dealing with Covid-19.

But then, some things are just difficult for Republicans to grasp anyway if it doesn’t involve profiting themselves or their benefactors (read: corporate campaign contributors). Louisiana has consistently been one of the few states that have not experienced significant jumps in Covid infections even as states on all three of our borders have shown big jumps in their numbers.

That, in itself, would normally indicate that something Edwards is doing is working. But why let something positive stand in the way of partisan political grandstanding?

But back to our story:

Today, Campaign Legal Center (CLC) filed a COMPLAINT  with the Federal Election Commission (FEC) alleging that Louisiana U.S. Congressional candidate Lance Harris violated the law by using his state campaign committee to fund a federal super PAC supporting his run for Congress and illegally coordinated with that same super PAC.  

Harris is a Louisiana state legislator and a candidate in Louisiana’s 5^th Congressional District. On Sept. 4, 2020, Harris’ state campaign committee transferred $120,000 to the Stand for Truth super PAC. Within days of receiving those funds, the once-dormant super PAC spent over $100,000 supporting Harris. Before receiving the transfer, Stand for Truth had less than $6,000 in cash-on-hand, so the infusion of funds from Harris almost entirely financed the super PAC’s pro-Harris spending.

“Lance Harris illegally funded a federal super PAC using his state campaign funds, and the super PAC then illegally spent that money supporting Harris’ run for Congress,” said Brendan Fischer, federal reform director for CLC. “State campaign funds cannot be used in federal elections, and super PACs must operate independently of candidates, but Harris engineered a scheme to violate both of those laws.”

Federal law prohibits Congressional candidates like Harris from using state campaign funds to support their federal run for office. State-level contributions are subject to different rules than federal-level contributions. When a candidate uses funds raised under state rules, they can evade federal laws designed to guard against corruption 

In addition, the evidence indicates that the Harris campaign illegally coordinated with the super PAC that received the funds. Stand for Truth ran its pro-Harris ads just days after receiving the money from Harris and hired the same vendor as the Harris campaign to research and create the pro-Harris ads. The timing and circumstances of these transfers and expenditures strongly indicate that the super PAC ran the pro-Harris ads at the request or suggestion of Harris’ campaign, and in coordination with the campaign.

Campaign finance law allows super PACs to raise unlimited amounts of money, but only if they operate independently of the candidates they support. The FEC has rules prohibiting coordination between super PACs and campaigns, which include restrictions on how a vendor may work for both a candidate and an outside group supporting that candidate. If super PACs and campaigns coordinate, then big-money contributions to the super PAC function like direct contributions to the candidate and greatly increase opportunities for corruption. Voters should know who is trying to influence their vote and our government.

The FEC is charged with investigating and holding all parties accountable for any disregard for campaign finance laws.  

Oh, and here is how your legislators voted on House Bill 4 that would have curtailed the governor’s power to take emergency action but which Edwards vetoed:

HB4:

SENATE

HOUSE

Read Full Post »

Donald Trump wants poll watchers.

On Sept. 29, during that frenzied first debate with Joe Biden, he told the PROUD BOYS to “stand back and stand by,” interpreted by the organization as a go-ahead to stake out the polls on election day to ensure “voting integrity.”

Just yesterday, it was revealed that his campaign was working with a POLICE UNION in Minnesota to recruit retired cops as “poll challengers” to patrol voting precincts in “rough neighborhoods.”

He’s already gone through the courts in efforts to forbid counting mail-in votes that arrive past the deadline for voting – no matter is they’re postmarked on time – and he hinted that he just may NOT ACCEPT the results because of what he – and apparently only he and Bill Barr – perceive as widespread voter fraud.

And a new report has indicated that five states, including several that are considered battleground states, are at HIGH RISK for activity by armed groups of civilians on election day.

Even concerns about post-election riots have Washington, D.C., businesses BOARDING UP windows and doors in anticipation of possible rioting over election results.

All of which bodes high anxiety, distrust and cries of fraud and voter suppression in the final four days leading up to Tuesday’s election, considered one of if not the most important in the nation’s history.

Voter suppression already has reared its ugly head in other states, namely Georgia, Florida, and Texas, but what about Louisiana? What is the likelihood that roving vigilantes, armed with assault weapons, will be staking out polling places here?

Thankfully, slim.

LouisianaVoice recently interviewed an election commission who will be working Tuesday’s election. For obvious reasons, we’re keeping that person’s identity – even his/her gender and location – confidential. We’re even giving our source the gender-neutral name of Pat.

Pat, along with other commissioners, recently attended a special class for commissioners that was attended by a considerably larger number of persons than previous classes. “There are normally 30 attendees but for our class there were more than 100. We reviewed procedures, opened and closed the voting machines to learn how they work. Special emphasis was placed on election monitors.”

The commissioner in charge will have the final say on any issues and if any problems should occur, the parish clerk of court will be called. Two important issues were raised in the class: electioneering and voting deadlines.

“Voting begins at 7 a.m. and ends at 8 p.m. but everyone who is in line at the time of cutoff, gets to vote, no matter how long the line may be. They wanted to make certain we knew that.”

There are restrictions on electioneering, however. Those restrictions have been copied and pasted below. I have taken the liberty of boldfacing certain passages for special emphasis:

The Legislature of Louisiana recognizes that the right to vote is a right that is essential to the effective operation of a democratic government. Due to a past, longstanding history of election problems, such as multiple voting, votes being recorded for persons who did not vote, votes being recorded for deceased persons, voting by non-residents, vote buying, and voter intimidation, the legislature finds that the state has a compelling interest in securing a person’s right to vote in an environment which is free from intimidation, harassment, confusion, obstruction, and undue influence. The legislature, therefore, enacts this Subsection to provide for a six-hundred-foot campaign-free zone around polling places to provide to each voter such an environment in which to exercise his right to vote. Except as otherwise specifically provided by law, it shall be unlawful for any person, between the hours of 6:00 a.m. and 9:00 p.m., to perform or cause to be performed any of the following acts within any polling place being used in an election on election day or within any place wherein early voting is being conducted, or within a radius of six hundred feet of the entrance to any polling place being used in an election on election day or any place wherein early voting is being conducted:

(1) To solicit in any manner or by any means whatsoever any other person to vote for or against any candidate or proposition being voted on in such election.

(2) To remain within any such polling place or place wherein early voting is being conducted or within a radius of six hundred feet of the entrance of any such polling place, except when exercising the right to vote, after having been directed by an election commissioner or law enforcement officer to leave the premises or area of a polling place or after having been directed by a registrar or deputy registrar to leave the place wherein early voting is being conducted.

(3) To hand out, place, or display campaign cards, pictures, or other campaign literature of any kind or description whatsoever.

(4) To place or display political signs, pictures, or other forms of political advertising.

(5) To circulate a recall petition or seek handwritten signatures to a recall petition.

B. The provisions hereof shall not apply to the placing and displaying, either by the owner, lessee, or lawful occupant thereof, or with the consent of such owner, lessee or occupant, of political signs or pictures on private property which is not being used as a polling place.

C. The provisions of this Section shall not be construed as prohibiting any appointed election commissioner or any official watcher from remaining in and about the polling place in which he was selected to serve.

D. No election official shall wear any badge, button, pin, or other insignia identifying him with any political candidate or faction.

E. No election official shall in any manner attempt to influence any voter to vote for or against any candidate or proposition being voted on in the election being held in that polling place.

F. The duly constituted law enforcement officers of the political subdivision in which any such election is being held shall enforce the provisions of this Section when requested to do so by a registrar, deputy registrar, commissioner-in-charge or commissioner. The registrar, deputy registrars, commissioners-in-charge and commissioners likewise shall enforce the provisions of this Section at the polling places. The law enforcement officers, commissioners-in-charge, commissioners, deputy registrars and registrar are authorized to seize, remove, and destroy any political cards, signs, pictures, or literature being used or displayed in violation of any of the provisions hereof.

G. Whoever violates any provision of this Section shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both. On a second offense or any succeeding offense, the penalty shall be a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.

Read Full Post »

This agency is in the process of giving up on protecting people. It’s much more interested, at least the leadership is, in protecting the regulated community.”

—Christopher Sellers, professor of environmental history at Stonybrook University, on the Trump administration’s dismantling of environmental protections.

I feel like I’m living in a reality TV show. Trump, he’s a clown.”

—Trisha Amato, an Ohio laid-off General Motors worker and 2016 Trump supporter who has lost both her job and health insurance, on her disappointment at Trump’s failure to keep her GM plant open despite the plant’s receiving $50 million in subsidies (talk about welfare cheats) for its promise to remain open until 2027.

Why isn’t (sic) the media covering Biden’s corruption? It’s the biggest and most credible story anywhere in the world.”

—Donald Trump, in one of dozens of email pitches received daily from him, his family, and other Republicans by yours truly [Perhaps it’s because the media are (and media is plural, you bonehead) too damned busy covering the most corrupt president in history.]

That’s the whole point of Q. It puts concepts out there, but it’s also about ‘do your own research ’cause I’m too lazy to tell you what to think.’ Though they pretend to care about children, in reality, QAnon doesn’t. They just care about portraying a specific group as part of this child-trafficking ring.”

—Marc-André Argentino, who has studied QAnon extensively, speaking of QAnon’s vase unfounded conspiracy theories, including one that says Democrats eat babies.

Actual quote from Trump in Wisconsin: ‘If Joe Biden gets in the radical left will shut down Wisconsin timber production forever. You know, they don’t want to let you touch a tree. If you happen to touch a tree, they want to put you in jail for the rest of your life.’”

—Tweet by Daniel Dale. [Anyone know what Trump was talking about? Anyone?]

NOT A TRUMP QUOTE, but it should be (with apologies to Cavin & Hobbes):

“They say winning isn’t everything, and I’ve decided to take their word for it.”

Read Full Post »

An open letter to Members of The Congressional Black Caucus and other Members troubled by the lack of transparency and justice by grand juries examining the abuse of power and excessive use of force by police:

While at Georgetown Law School (1969-1971) I worked for Congressman Allard Lowenstein (D-NY, 1969-1971) to organize Congressional hearings on the excessive use of force by police and the National Guard; I was a U.S. Capitol Hill Policeman for a few weeks before clerking at DOJ in the Criminal Section of the Civil Rights Division investigating the excessive use of force.

As Alabama’s Attorney General (1987-1991), I advocated for victims’ families to have the right to be present or have a lawyer present in a grand jury.

Use of excessive force by police resulting in death of black citizens is not unusual, yet holding police accountable is.

How to ensure a measure of justice for families of victims of the excessive use of force by police? The answer is simple and so is the solution.

Police and prosecutors too often view themselves as wearing the same jersey-playing on the same team. Prosecutors protect police. Because of a Supreme Court decision in 1976 (Imbler v Pachman) and the Federal Tort Claims Act provided by Congress, prosecutors have ABSOLUTE immunity from civil liability, so they can act with impunity. Prosecutors can present false evidence or withhold exculpatory evidence from grand juries in order to get an indictment…or not.

Grand juries are a secret proceeding so prosecutors have free reign. There’s no judge or lawyer for the victim’s family present. 

So, how best to ensure justice in a grand jury?

First, allow the victim’s family to have a lawyer present in the grand jury as a check on truth. We know Prosecutors only tell the grand jurors what the prosecutors want them to hear.

Secondly, to voir dire (to question) the jurors. Currently no one ensures racially balanced, neutral jurors in a grand jury setting. (For all we know, some of Breonna Taylor’s grand jurors might have had relatives in law enforcement or members of the KKK.)

Third, the “victim’s” lawyer would ensure that all evidence is presented. They could object to evidence or testimony proposed by the government and offer evidence or testimony for the victim. Such issues would be decided by a judge, the same as in a civil deposition. If this “due process” safeguard is important where monetary damages are at stake in a civil proceeding, surely this due process safeguard should be in place where someone’s life is at issue.  

Finally, while not identifying members of the grand jury, the family member’s lawyer would make a public report of what transpired. A well-informed public, strengthens public faith in our justice system and in our democracy. 

Holding police accountable will not only provide a measure of justice, it will also help curtail the excessive use of force.

Respectfully submitted.

Don Siegelman

Governor of Alabama, 1999-2003

Lt. Governor, 1995-1999

Attorney General, 1987-1991

Secretary of State, 1979-1987

(Editor’s note: Don Siegelman wrote the letter above from his personal experience with the judicial system as it can be manipulated when someone like Karl Rove is pulling the strings. The the efforts of Rove, a judge who later was forced to resign after beating his wife, and a Republican U.S. Attorney set Siegelman up as he was preparing to run again for the office of Alabama governor. He was convicted on a single count in a trial that violated all the norms of a fair and just system and served his sentence at the federal facility in Oakdale, Louisiana. For further information, read Siegelman’s BOOK, Stealing Our Democracy: How the Political Assassination of a Governor Threatens Our Nation.)

Read Full Post »