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Archive for October, 2020

“Judge Barrett has been called so far a racist, a colonialist, a religious bigot.”

—U.S. Sen. John Neely Kennedy (R-LA), at Monday’s confirmation hearings for Judge Amy Coney Barrett.

“Who said that?”

—A reporter, in response to Kennedy’s claim. [No one had.]

“I’m not going to argue with you guys. Some of my colleagues suggest because she’s a Christian, she’s unfit to serve in public service.”

—Kennedy.

“Seriously, can you name one of your colleagues who has attacked Judge Barrett?”

—Reporters, pressing Kennedy to name names.

“I don’t want to go there.”

—Kennedy, finally admitting he was referring to three-year-old remarks. [Louisiana should be so proud; we have Clay Higgins in the House and this buffoon in the Senate.

“I mean, that would be outrageous if they do that. In fact, that might actually come back to backfire on them. I hope they don’t do that, ’cause that would be kind of playing a game that we don’t want to play. So, I hope they reconsider that, if, in fact, they are indeed considering that.”

—Dr. Anthony Fauci, critical of Trump again using his quote or image in a Trump ad.

“They are indeed Dr. Fauci’s own words.”

—Trump, defending the use of a quote by Dr. Fauci taken out of context to make it appear he was endorsing Trump’s coronavirus response. [Yes, they were his words, Numb Nuts, but they were not said in praise of you. A one-cell amoeba would know the difference.]

“The House passed a bill in May and this Senate went on vacation. If you want to call yourself a leader … you got to get things done and those of us who served in the Marines, we don’t just point fingers at the other side. We get the job done.”

—Challenger Amy McGrath, during debate with incumbent Mitch McConnell – as McConnell laughed.

“There’s people I associate with and talk to and may even socialize with, but they don’t know how I feel about social issues. I don’t talk about it, because it’s not welcome. “Personally, I’m scared. They’re flying Confederate flags, calling you ugly things. They’re very comfortable with that now; either way it’s not going to go well.”

—Bonnie Dobson, a black mother of three in North Carolina. […and that’s just the way Trump and Lindsey Graham planned it.]

“To those who knew him, no words were necessary. To those who didn’t know him, no words are adequate.”

—Johnny Bench, on former Reds second baseman Joe Morgan, who died on Monday.

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Today’s lesson, class, is on governmental ethics, Louisiana style.

With Louisiana’s ethics laws, of course, you’ll find more twists and turns than from a belly dancer in a carnival sideshow tent.

In fact, Louisiana’s ethics laws are just about as tawdry as an over-the-hill belly dancer, but without the tasteful ambiance.

So, having said that, we’ll get right to the first question of today’s lesson:

What do you do with an attorney who has suspended indefinitely from practicing law by the Louisiana Supreme Court?

Well, if we’re talking about the Louisiana Public Service Commission and the former lawyer is a business partner of PSC member Eric Skrmetta, you hire him to a consulting contract – potential conflicts of interest be damned.

And if you’re Skrmetta, you even make the original motion to hire your partner or, absent that opportunity, you offer the second to another co-conspirator’s member’s motion.

Before the suspension, it was borderline okay, I suppose, to hire Scott McQuaig as a PSC legal counsel but that became something of a problem after his license to practice law was pulled.

Solution: hire him as (ahem, harumph) a consultant to advise the PSC on matters.

Here’s the back story on the entire sordid mess.

The first contract awarded to McQuaig in May 2013 was for $264,950 to serve as outside counsel for the PSC’s efforts to come up with a “Best Practices” protocol for disaster planning for utilities. About that same time, he was awarded a separate contract for $96,000 to serve as outside counsel for establishing “rules and regulations specific to the regulation of prison telephone communications systems.

In each case, Skrmetta seconded motions to hire the man with whom he served on three separate corporate boards.

Two years earlier, Skrmetta, who had taken – and continues to accept – campaign contributions from companies who provide prison phone services, BITTERLY OPPOSED efforts by advocates to get the PSC to oppose telephone rate increases for prisoners’ families.

But then, just over a year ago, on May 13, 2019, the Fifth Circuit U.S. Court of Appeals in New Orleans upheld an action by the Louisiana Supreme Court to suspend McQuaig from the practice of law indefinitely after he was accused of legal malpractice, ethical violations, failure to pay for services rendered, and theft.

He was suited on at least five separate occasions in unrelated cases involving disputes with former clients. In one case, two men who had hired McQuaig said his failure to act resulted in their lawsuit being dismissed but he failed to inform them of the dismissal.

So, now the PSC was faced with a dilemma. The solution was to award a contract for $128,500 to McQuaig who, instead of outside legal counsel, was now a “consultant” hired to “advise the commission about telecommunication attachments to electric utility poles. Skrmetta, ever ready to help a friend and business associate, again offered the second to the motion to hire McQuaig.

And now, the PSC is scheduled to meet on Wednesday (Oct. 14) at which time it is scheduled to consider yet another contract for McQuaig, this one for $49,550 to support the PSC’s “monitoring the area of cybersecurity.

There was another matter reportedly involving McQuaig that the PSC was scheduled to take up but that item appears to have been removed from tomorrow’s agenda: a proposed contract with an outfit called Resolved Energy. McQuaig was said to have been involved with that company in some manner, but the details of their relationship, if it indeed exists, were not immediately available.

Commissioner Craig Greene, a protégé of one Timmy Teepell (remember him?) was quick to come to the defense of Skrmetta’s potential conflict of interest in pursuing the interest of his old business partner.

“I do not know the extent of Mr. McQuaig’s relationship with Commissioner Skrmetta,” Greene said, apparently with a straight face, “but it is never surprising for commissioners to know all the consultants who place bids to the commission.”

Oh. Well then. I certainly feel better knowing that.

Except…except Skrmetta and McQuaig are using the same 100 Lilac Street address in Metairie and have been for at least 11 years. McQuaig listed his address as 100 Lilac Street as early as 2004, according to corporate records on file with the Secretary of State’s Office, and Skrmetta just happens to have listed 100 Lilac Street, Metairie, as the address of his PSC District 1 office as recently as 2009 and in filings with the PSC as recently as 2012.

As an added wrinkle to this tacky little soap opera, should a formal investigation of the relationship between Skrmetta and McQuaig and any insider contracts become necessary, it’s going to be a sticky wicket for Attorney General Jeff Landry who has formally endorsed Skrmetta for reelection.

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“Don’t shy away from the fact this has been an unacceptable toll on our country. It is a slaughter and not just a political dispute.”

—Dr. William Foege, renowned epidemiologist who served under both Democratic and Republican presidents, in a letter to CDC director Dr. Robert Redfield.

“Democracy isn’t the objective; liberty, peace and prospefity are. We want the human condition to flourish. Rank democracy can thwart that.”

—Covid victim Sen. Mike Lee (R-Utah) tweet. [Obviously, the coronavirus drugs have taken over his brain.]

“Prospefity (n.) [prä-ˈspeft-ə-tē] — the state of embodying a faux-professorial quality; a worldview that presents itself as nuanced but is devoid of reason; pontificating without coherency; performative learnedness that simultaneously lacks evidence of knowledge.”

—Tweet by Charlotte Clymer

“Mike Lee announces he’s coming out: as a fascist.”

—Tweet by Tim Hogan.

“We are a Constitutional republic established as a representative democracy. If you intend to replace our democracy with some other form of government, you’ll have to tear up the Constitution. I should remind you, senator, that you swore an oath to uphold the Constitution.”

—Tweet by Michael Skotnicki

“Most Americans like living in this American republic. Democracy is the whole reason for this nation’s existence. People of my grandfather’s generation knew what to do about fascists. Now a member of Congress is urging us to join them. I wonder what made you hate America so much.”

—Tweet by Walter Shaub.

…and just for L:

Clay Jones Comic Strip for October 13, 2020

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William Scott Jones was arrested for jaywalking and almost paid for his crime with his life in a jail run by LaSalle Corrections.

LaSalle Corrections is a corporation headquartered in Ruston that operates private prisons in several states and which has experienced considerable problems at a number of its facilities. In Georgia, a whistleblower complaint by a nurse has resulted in a call for a federal investigation into claims that LaSalle was conducting a form of mass sterilizations by performing unauthorized and unwanted HYSTERECTOMIES  on illegal migrant female detainees.

Jones was arrested at 9:30 p.m. on July 17, 2018, by Texarkana, Texas, police and charged with “walking in the roadway,” a Class C misdemeanor normally punishable only by a fine and not incarceration. But he was transported to Bi-State Jail, owned jointly by the Texas-Arkansas border town of Texarkana but operated by LaSalle.

A LAWSUIT filed by Jones claimed that he did not resist arrest nor was there any use of force by police officers in connection with his arrest.

But between 4:54 a.m. and 7 a.m. on July 18, LaSalle records indicate he was “absent – not assigned,” meaning he was, in effect, “lost” to prison officials for those two hours during which time he sustained a “severe physical beating and numerous blunt force injuries” that resulted in multiple facial fractures, a fractured nose and ribs and a “serious injury to his colon, all of which were allowed to go untreated by prison personnel.

There was no indication as to the origin of his injuries – whether he was beaten by jail personnel or other prisoners – nor were any medical personnel summoned to examine him. A licensed vocational nurse was the only health professional to see him but LVNs, the lawsuit said, “are merely gatekeepers without authority to diagnose conditions or direct treatment.”

Jones was repeatedly observed over the next 12 hours lying naked on the floor of his cell but no doctor was informed of his condition or even consulted about appropriate treatment, the petition said.

Jones suffered from diabetes and hypertension but neither his blood sugar nor his blood pressure was ever checked by jail personnel, nor were his vital signs checked following his beating. He was placed in a cell where he went without water or food and where he began experiencing renal failure.

No call was made to 911 until his sister, Melody Jones Dunn, was apprised of his condition at 2:45 p.m. on July 19. Earlier, at 12:20 p.m., when Dunn asked LaSalle employee Tiffany Venable if she had treated her brother, Venable replied, “I’m a supervisor. I ain’t seen no one.” When Dunn asked her to check on her brother, she said she would but she left and never returned.

Jones was transported by ambulance directly from the jail to Wadley Regional Medical Center where he was subsequently hospitalized for almost a month.

At the time of his release notations made by prison employees said he needed “zero further evaluation at this time.”

Instead, the lawsuit said, Jones was “near death when defendants attempted to sidestep their obligation” by simply “releasing” him to his sister. Once released to her, Bi-State and LaSalle no longer were responsible for his well-being and had he died in the hospital, LaSalle would not have been required to file an in-custody death report to the State of Texas.

Also, once released to Dunn, LaSalle was also relieved of a duty to pay for his hospitalization; he was, at that point, her responsibility. Those medical expenses totaled more than $1 million.

Jones was placed on a ventilator and on dialysis.

He was diagnosed with acute renal (kidney) failure, severe dehydration, ischemic colitis caused by blunt force trauma, multiple facial fractures, multiple rib fractures, rhabdomyolysis (muscle loss resulting from the delay in receiving medical treatment), sepsis, pneumonia, blood clots and hyperkalemia (dangerously high potassium resulting from the delay in receiving treatment).

He underwent surgery to determine the extent of bowel damage suffered during the beating and surgeons found that a large portion of his sigmoid and transverse colon was infected and gangrenous, requiring removal of a section of his colon.

He now is required to wear a permanent ostomy bag and has been unable to return to his job as a welder.

Within a week of Jones’s being transferred to Wadley Regional Medical Center, an open records request and evidence preservation letter to Bowie County and LaSalle requesting that all records and surveillance footage from Jones’s incarceration be preserved and produced.

Instead, LaSalle said there was no available footage and that the company had no knowledge of Jones’s beating or any other “incident” involving him. “This makes no sense as (Jones) could not be moved within the jail or exposed to other detainees unless LaSalle correctional staff effectuated and supervised the move,” the lawsuit said.

His lawsuit cites at least five other inmate deaths at LaSalle facilities, three of those at Bi-State already written about by LouisianaVoice – Michael Sabbie, Morgan Angerbauer and Holly Barlow-Austin – in which LaSalle routinely:

  • Falsified and/or altered records;
  • Failed to provide medical attention to sick or injured prisoners who later died (within a matter of days or even hours in some cases);
  • Provided inadequate training for employees;
  • Instructed employees during training on how to falsify records;
  • “Lost” critical surveillance video (as in the case with Jones), and
  • Failed to ensure that employees complied with state law requiring face-to-face checks of prisoners/detainees every 30 minutes.

LaSalle corrections officers had been arrested on occasions following the deaths of other inmates for falsifying documents to make it appear that they conducted the mandated headcounts when, in fact, they did not.

“The failure to secure medical care for plaintiff was motivated by constitutionally impermissible profit-driven reasons,” the petition said. “LaSalle…had a policy, practice and custom of budgeting and spending inadequate amounts on jail medical care to make higher profits under their contract (and) habitually understaffed its facilities.”

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“[I]f you are a young African-American, an immigrant, you can go anywhere in this state, you just need to be conservative not liberal.”

—Lindsey Graham, when asked about racial violence by police. [This is the same Lindsey Graham who in 2016 described Donald Trump as a “race-baiting xenophobic bigot.”

“Let’s get real: If Trump already had a new negative COVID test we would have heard about it. And if the date of his last negative COVID test helped Trump, by making clear he had not endangered people, we would have heard that too.”

—Tweet by Andrew Weissman.

“Denying a vote on Merrick Garland for almost a full year while rushing in a nominee closer to a presidential election than ever before in American history would qualify as what if not ‘court packing’?”

—Tweet by Ronald Brownstein.

Blocking aid to millions of Americans who need it will not change the fact that under Republican control the deficit has hit historic high, along with the debt. Tax giveaway to the 1% was fine with Republican Senators, helping people avoid eviction not so much.

—Tweet by Claire McCaskill.

“They left the strategic national stockpile empty. They left an empty and hollow plan.”

—Mike Pence, in Wednesday night’s debate, claiming that Obama left Trump unable to contend with the coronavirus pandemic. [First, the coronavirus pandemic emerged in the past year, so if the Strategic National Stockpile was truly empty, some responsibility should rest with Trump, says The Washington Post fact-checking team.]

“I am not going to do a virtual debate. I am not going to waste my time on a virtual debate.”

—Donald Trump, on Fox Business Thursday. [Finally, some welcome news from the Tangerine Toddler who in four years, has never uttered a positive word Americans could embrace as the unvarnished truth. We can only hope and pray he doesn’t change his mind.]

“Just say ‘Could you put on a mask? I might still be contagious.’”

—Tweet by Kumail Nanjiani, in response to those who become confrontational when asked to wear a mask. [Yeah, just watch how quickly they become believers then.]

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