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Archive for the ‘Ethics’ Category

Gubernatorial candidate and Louisiana House Democratic Caucus Chairman John Bel Edwards (D-Amite) has sent a request to House Speaker Chuck Kleckley (R-Lake Charles) to convene a meeting of the House of Representatives in order to review controversial changes coming to the Office of Group Benefits (OGB).

Meanwhile, OGB has issued its own “fact sheet” in advance of the annual enrollment that begins Oct. 1 and closes Oct. 31 designed to defuse information released by the Legislative Fiscal Office that reflect dramatically higher premiums and slashed benefits.

FAQs

OGB’s FAQ data sheet, however, did not include developments reported by LouisianaVoice late Monday which revealed revamped coverage plans designed to force retirees out of OGB and into Medicare coverage. The problem with that strategy, of course, is anyone hired before April 1, 1986, who never worked in the private sector are not eligible for Medicare coverage.

At the same time, the Legislative and Political Director for the Louisiana Federation of Teachers (LFT) has released a series of emails between her and OGB in which she experienced ongoing difficulty in obtaining answers to questions about pending changes in premiums and coverage.

Edwards’ request would allow the house to review the proposal in a forum where all members could ask questions of the Division of Administration, OGB administrators, the Legislative Fiscal Office, and offer suggestions and comments regarding plan changes that will bring an average 47% cost increase to 230,000 plan members and their families.

“The Governor has quietly used your tax dollars as a personal piggy bank, spending the $500 million fund balance of OGB to pay bills that have nothing to do with OGB or its members.” Edwards said. “But over $100million of that balance was paid in directly by the members of OGB. Now that he misspent their money, he dares to add insult to injury by asking more than a quarter million Louisiana working families to pay higher prices for less health insurance coverage.”

Commenting on the dramatic cost increases OGB member will face in the new year, Edwards said, “The likes of Bernie Madoff and Allen Stanford would be proud of the Jindal Ponzi scheme that, like theirs, preys largely on retirees living on fixed incomes.”

Edwards’ letter to Kleckley cited the recent hiring of two new OGB officials at more than six figures each as well as the Alvarez and Marsal contract to find “efficiencies” inside OGB that now totals $7.5million in costs to the state. In a written statement made in conjunction with the letter Edwards asked, “Bobby Jindal, and those who stood by and watched him dismantle healthcare in our state, hold themselves out as fiscal conservatives. Since when does fiscal conservatism define the role of government as an institution that cuts services in order to pay six figures to private consultants?”

“Like all of the governor’s self-created crises, the solution always seems to be to ask more of the people of our state: more money, more patience, more suspended disbelief.” Edwards said.

“New facts have come to light since the session ended. We owe it to our constituents to examine this issue together and to offer up some bipartisan solutions to our concerns. This impacts people in every single part of the state,” said Edwards.

Edwards told LouisianaVoice he has received telephone calls from retirees who were crying over joint efforts by OGB and Blue Cross/Blue Shield to revamp programs that could make coverage for retirees cost prohibitive.

Here is his letter to Kleckley: http://d3n8a8pro7vhmx.cloudfront.net/johnbelforlouisiana/mailings/120/attachments/original/JBEtoKleckley.pdf?1409081088

“This is going to destroy families,” he said, “and we owe it to our constituents to do what we can to keep them whole.”

Mary-Patricia Wray, legislative and political director for the LFT, said she had talked with OGB Executive Director Susan West “after much prodding about why I couldn’t get answers about the plans from anyone else” after a July 30 meeting of the Joint Legislative Committee on the Budget.

She said that while OGB has provided a preview of the agency’s plan booklet and dates for informational meetings to other groups, “they have provided LFT with none of this information.

“While we represent 21,000 teachers and school employees, many of whom are active members of OGB, the ones who will have no option on the exchange, but will only be able to pick from the new more costly plans, OGB has refused to assist us in directing our members to the appropriate resources to help them select a plan.

“This is even amidst the layoffs at OGB that have left them, in our opinion, unable to properly service the members of the plan.

“We have no problem with assisting our members,” she said. “However, we do have a problem with being denied the tools needed to do that well—for no apparent reason.”

She said West “asked me specifically to call with questions so that I can deliver accurate information to active members or OGB. If she has time to deal with our organizations questions and concerns personally, presumably as the busiest person on staff, I am left to believe the I willful rejection of our inclusion in important meetings about plan details and member communications is simply retribution for our testimony at Joint Budget, since up to that time there was no I indication whatsoever that our attempts to be a team player and deliver accurate info to teachers a school employees was in any way burdensome to the staff of OGB.

“This is an incredibly disappointing communication—one that unfortunately aligns largely with the direction in which policy makers have taken OGB—one that has cut so many staff people to occasion private contracts that it can ostensibly claim those very cuts as the self-created crisis that “requires” it to fail to do its job at all.”

 

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To fully understand the lengths to which those in the upper echelons of the Jindal administration will go to punish those—especially subordinates—who dare to cross them, you need look no further than the case the Louisiana State Police hierarchy attempted to build against one of its own.

On Feb. 6, 2010, senior trooper Chris Anderson, assisted by 11-year veteran state trooper Jason LaMarca and two other troopers, Patrick Dunn, and Tim Mannino, stopped a flatbed 18-wheeler on I-12 in Tangipahoa Parish being driven by Alejandro Soliz.

LaMarca, with Anderson’s mobile video recorder (MVR) activated and recording every word and move, patted down Soliz. Finding no weapons on the driver, LaMarca then conducted a search of the truck cab and discovered “several kilos of cocaine,” according to court records.

LaMarca pulled his taser from its holster and he and Dunn approached Soliz, ordering him to get down, according to court records and testimony provided by the State Police Commission. After Soliz, who spoke English, refused to comply with several commands of “Get down,” LaMarca attempted unsuccessfully to re-holster his taser as he continued to approach Soliz.

Transferring the taser to his right hand, he cupped his left hand behind Soliz’s head and pulled him to the ground, according to testimony by LaMarca and the other three troopers, testimony supported by the video recording.

No one was injured, no shots were fired, and there were no complaints, then or later, by Soliz of excessive force.

U.S. District Judge Eldon Fallon, however, reviewed the video and thought he saw LaMarca strike Soliz in the back of the head “with what appears to be a flashlight or similar item.” Judge Fallon added that the recording showed “three other troopers laughing at this act.”

State Police Superintendent Mike Edmonson (aka “Precious”), upon receiving a letter from the judge, immediately ordered an investigation into the incident—as he should have.

But what occurred next went beyond the pale of disciplinary action by Edmonson and his actions have been attributed by those familiar with the case to an act of retaliation for an earlier confrontation between LaMarca and Edmonson’s Chief of Staff, Lt. Col. Charles Dupuy.

Edmonson notified LaMarca on Nov. 18 that he was “suspended for 12 hours without pay and allowances” as a result of his actions. The cause of his suspension was based, Edmonson said, on the following violations of Louisiana State Police Policy and Procedure:

  • The use of force policy;
  • The use of force reporting policy;
  • Conduct unbecoming an officer.

LaMarca, who had a spotless record in his 11 years, promptly filed an appeal with the State Police Commission, primarily to expunge the suspension from his record. The commission heard testimony from all four officers and reviewed the video recording of the arrest and put down of Soliz before issuing its ruling on Aug. 1, 2011.

In its ruling exonerating LaMarca, the commission noted:

  • Appellant (LaMarca) had nothing in the hand he used to “put the driver on the ground.” Likewise, we do not perceive appellant’s actions, in doing so, to be the use of excessive force. While the driver had been cooperative until the drugs were found, he became uncooperative thereafter and refused numerous orders to get on the ground.
  • While the maneuver used by appellant to take the driver to the ground may not be the one “taught” at the academy, it was effective and did not appear to be the use of “excessive” force.
  • We likewise do not perceive the other troopers to be “laughing” at appellant’s action.
  • As we do not find that appellant violated the “use of force” policy order, he likewise did not violate the “use of force reporting.”

That normally would have ended the matter. No weapons were used, no one was injured, no one complained of excessive force, and the commission found no violations by LaMarca.

But remember, LaMarca had earlier committed that unpardonable sin of arguing vehemently with Dupuy, Edmonson’s second in command.

And though Dupuy’s name never surfaces in the initial disciplinary action, the commission hearing and its subsequent decision, or court records, Edmonson was dutifully carrying the water for him and he made sure the issue was far from dead as he displayed unprecedented zeal in his attempt to punish LaMarca on behalf of his chief of staff.

Determined to exact revenge for LaMarca’s impudence, Edmonson took the matter up the line to the First Circuit Court of Appeal.

That’s right, he appealed the decision of the state commission charged with the responsibility of promoting effective personnel management practices for the Office of State Police and to protect the fundamental rights of the troopers under Edmonson’s command.

Much like the courtroom experiences of his boss Gov. Bobby Jindal, Edmonson went down in flames. At least the administration is consistent in that respect.

The First Circuit’s ruling of May 2, 2012:

  • On review of the video and testimonial evidence concerning the surrounding circumstances at the scene of the rest, we find no error in the commission’s finding that the force and manner used by trooper LaMarca to secure the suspect and “affect the arrest” was not more than was reasonably necessary under the circumstances and hence did not violate procedure.
  • On review, we find the verbiage used by the commission in concluding that the force used by LaMarca was not “excessive,” was simply synonymous with the commission’s ultimate finding that there was no violation of the “use of force” procedure order, i.e., that the use of force by trooper LaMarca was reasonably necessary under the circumstances.
  • We find the decision of the commission thoroughly and sufficiently reviewed the evidence and testimony produced at the hearing and addressed the procedure order violations lodged against trooper LaMarca in the suspension letter issued by Col. Edmonson.
  • After thorough review of the testimonial and video evidence herein…we find the decision of the commission is supported by substantial evidence.

http://statecasefiles.justia.com/documents/louisiana/first-circuit-court-of-appeal/2011ca1667-4.pdf?ts=1387486081

Well, that certainly laid the matter to rest, right?

No, not if you’ve had a confrontation with Dupuy.

Edmonson promptly applied for writs (appealed) to the Louisiana Supreme Court.

And what became of that?

The State Supreme Court simply declined to even consider the matter.

Now it’s over.

Until, that is, it’s determined by Edmonson or Dupuy that LaMarca makes another misstep.

But with the publication of this post and the decisions of the State Police Commission and the First Circuit Court of Appeal now on the record, any similar attempts in the future would come dangerously close to harassment.

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Thanks to the resourcefulness of C.B. Forgotston, LouisianaVoice has obtained a copy of the seven-page report on the Edmonson Amendment and it appears that State Police Superintendent Col. Mike Edmonson and trooper Louis Boquet of Houma are legally prohibited from taking advantage of a special amendment adopted on their behalf by the Louisiana Legislature.

Meanwhile, LouisianaVoice received an unconfirmed report concerning the origination of the amendment that if true, adds a new twist to the curious series of events leading up to passage of the amendment in the last hours of the recent legislative session.

The report, authored by Louisiana State Police Retirement System (LSPRS) board attorney Denise Akers and Florida attorney Robert Klausner, specifically says that Edmonson and Boquet are barred from accepting the retirement windfall because the amendment granting them the special exemption from the state’s Deferred Retirement Option Plan (DROP) is unconstitutional on no fewer than three levels.

Klausner and Akers also expressed concern that the source of funding for the increased benefits would have been the Employee Experience Account “which is reserved as the source of future cost of living benefits (for state police retirees and their widows and children) and payments toward the unfunded accrued liability.”

Edmonson, under the amendment would have seen his retirement income increase by $55,000 a year. The amount of what Boque’s retirement increase would have been is unknown.

The report, however, stopped short of recommending that the board file legal action to have Senate Bill 294, signed into law by Gov. Bobby Jindal as Act 859, declared unconstitutional.

Instead, it recommended that the LSPRS “simply decline to pay any benefit under Act 859” and that the matter “would only need to be litigated if someone benefitting from the act (Edmonson or Boque) filed to enforce it.” The reported added that both men “have indicated they do not desire to enforce it. Thus, LSPRS may incur no litigation cost in this matter.”

The report said that should either man attempt to collect the increase retirement benefits by challenging the board’s refusal to pay the benefits, “it would fall to the attorney general to defend the law, rather than expending (LSPRS) resources to pursue a costly declaratory relief action.”

The report noted that the Louisiana Supreme Court, in a decision handed down only last year, “made it clear that a pension law adopted in violation of constitutional requirements is void and of no effect.” That was the ruling that struck down Jindal’s controversial state pension reform legislation.

“It is our view that pursuit of a declaratory relief or other legal action seeking to declare Act 859 invalid is unnecessary,” the report said. “By determining that it will not enforce the act, the board acts consistent with its fiduciary duty.”

The board still must vote to accept the recommendations of Klausner and Akers and with Jindal and Edmonson controlling the majority of the 11 seats on the LSPRS board, such a vote remains uncertain.

The board is scheduled to take up the matter at its next meeting, set for Sept. 4 but likely to be moved up now that the report is public.

The report also noted that the amendment was not proposed in either the House or the Senate, but added during conference committee.

SB 294 was authored by State Sen. Jean-Paul Morrell and dealt only with administrative procedures in cases in which law enforcement officers came under investigation. State Sen. Neil Riser (R-Columbia) inserted the amendment during conference committee discussion of the bill but recent reports have surfaced that place Morrell, who also was one of the three senators—along with three representatives—who served on the conference committee, squarely at the center of the controversy as well.

Morrell authored the bill at the request of the Fraternal Order of Police (FOP) but was said to have subsequently told the FOP lobbyist that he would have to “hijack” the bill to conference committee in order to accommodate state police and Edmonson.

FOP President Darrell Basco, a Pineville police officer, said he had no personal knowledge of such events and lobbyist Joe Mapes did not return a phone call from LouisianaVoice.

Jindal, meanwhile, has remained strangely silent on the issue of his signing the bill with no apparent vetting by his legal counsel.

The Klausner report said the act was unconstitutional on three specific counts:

  • The amendment “does not meet the constitutionally required ‘one object’ requirement” which says, “The legislature shall enact no law except by a bill introduced during that session…Every bill…shall be confined tone object. Every bill shall contain a brief title indicative of its object. Action on any matter intended to have the effect of law shall be taken only in open, public meeting.” Conference committee proceedings occur in closed sessions.
  • The amendment “does not meet the germaneness requirement” of the Louisiana Constitution, which says, “No bill shall be amended in either house to make a change not germane to the bill as introduced.”
  • “No notice was provided as required by the constitution for retirement related bills and the bill itself never indicated that proper notice was given, all in violation of the Louisiana Constitution,” which says, “No proposal to effect any change in existing laws or constitutional provisions relating to any retirement system for public employees shall be introduced in the legislature unless notice of intention to introduce the proposal has been published, without cost to the state, in the official state journal on two separate days. The last day of publication shall be 60 days before introduction of the bill. The notice shall state the substance of the contemplated law or proposal, and the bill shall contain a recital that the notice has been given.”

Here is the full Klausner report:

Klausner Report on SB 294

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It’s the story that won’t die, no matter how the Runaway Governor (apologies to Julia Roberts) would like it to.

While Gov. Bobby Jindal may go running off to Iowa or New Hampshire or Washington, D.C., or wherever his latest odyssey takes him in his futile attempt at resuscitation of his moribund presidential aspirations while ducking his responsibilities at home, folks like political curmudgeon C.B. Forgotston and State Treasurer John Kennedy just won’t go away.

Instead, Kennedy is staying home and demanding answers to the nagging problem of the Edmonson Amendment that Jindal so obligingly signed into law as Act 859, giving State Police Superintendent Mike Edmonson that $55,000 bump in retirement income.

Act 859, which began as a bland, nondescript bill by Sen. Jean-Paul Morrell (D-New Orleans) that addressed procedures in cases where law enforcement officers are under investigation, quietly turned into a retirement bonanza for Edmonson.

That happened when State Sen. Neil Riser (R-Columbia) inserted language into a Conference Committee amendment to the bill that allows Edmonson and one other state trooper in Houma to revoke their decisions of several years ago to enter into the Deferred Retirement Option Plan (DROP) which gave them higher take home pay but froze their retirements at their pay level at the time of their decision.

In Edmonson’s case, his payment was frozen at 100 percent of his $79,000 a year captain’s pay but Act 859 allows him a do-over and to act as though all that never happened so that he can retire at 100 percent of his $134,000 per year colonel’s pay instead.

Other state troopers, teachers and civil service employees who made similar decisions, meanwhile, are stuck with their decisions because….well, sorry, but this is special for Col. Mike Edmonson Esq. Swank. Riff raff need not apply.

The Louisiana State Police Retirement System (LSPRS) board is scheduled to receive a special report by Florida attorney Robert Klausner, an acknowledged authority on public retirement plans, and local attorney Denise Akers at its Sept. 4 meeting but Kennedy isn’t waiting that long.

As State Treasurer, Kennedy holds a seat on the LSPRS board and he has repeatedly voiced his concern over the amendment which he says could put enormous strain on LSPRS if other retired state police officers file suit to obtain similar consideration as Edmonson.

He has claimed the board has a fiduciary responsibility to file suit to overturn the new law that Jindal so hastily signed.

A group of retired state troopers also has signaled its willingness to enter into litigation to get the law overturned.

Both Kennedy and the retired troopers contend the law is unconstitutional because it was not properly advertised in advance of its passage.

“Talking points” originating in State Police headquarters by Capt. Jason Starnes and sent to Edmonson, his Chief of Staff Charles Dupuy, and—for whatever reason—Louisiana Gaming Control Board Chairman Ronnie Jones, said the bill was properly advertised but because the bill in its original form in no way addressed retirement issues, that claim appears rather weak, especially given the fact that state police should be more skilled in producing hard evidence to back their cases.

The additional fact that the amendment never made its appearance until the last day of the session even though it had been discussed weeks before adds to the cloud of suspicion and wholesale chicanery enveloping Jindal, Riser, Edmonson, and Dupuy.

And Kennedy, who already has fired off two previous letters to LSPRS Executive Director Irwin Felps demanding a full investigation of the rogue amendment, now has written a third.

That letter, dated today (Aug. 13), while much shorter than the others, loses no time in getting right to the point: Kennedy is demanding under the state’s public records statutes (La. R.S. 44:31, et seq.) that Felps provide him a copy of the report generated by Klausner and/or Akers.

“Please immediately email the document(s) requested to me,” he wrote. “If you cannot or will not email them, please immediately inform me, and I will send a representative to your office to pick them up right away.”

Here is the link to his letter: Treasurer Kennedy Public Records Request to Irwin Felps August 13 2014

His letter sets the stage for a probable showdown between Kennedy and the rest of the board given the fact that Felps has previously denied Kennedy’s informal request for the report.

Felps said following Kennedy’s initial request, he was advised by legal counsel (most probably Akers) to release the report to the board members but not to the general public. He added that he expected Kennedy will have the report Thursday morning.

“I don’t know why the big cloak and dagger that they won’t share with the board,” Kennedy told the New Orleans Times-Picayune. http://www.nola.com/politics/index.ssf/2014/08/john_kennedy_demands_state_pol.html#incart_river

“I’m a board member and I’m entitled to it. They can’t tell me I can’t see it,” Kennedy said. “This is a very important issue and it’s not just limited to state police. We have thousands of employees in the retirement system (who) didn’t get this treatment.

“I just want to see a report that I asked for and the board asked for. It is a public document.”

Kennedy should know better. LouisianaVoice has already received its comeuppance from the House and Senate, both of which have refused to comply with our request for copies of emails and text messages between the six Conference Committee members who approved the amendment and Jindal, Edmonson or any of their staff members.

Even though such discussions would have fallen under the narrowest of definitions of public business, we were told the public has no business peeking over legislators’ shoulders to see what they’re doing and to please just butt out.

LSPRS board Chairman Frank Besson, president of the Louisiana State Troopers Association, told the Times-Picayune in a statement (prepared as talking points by Starnes, perhaps?) that he felt it would be “inappropriate and premature” for the board to take a position on Act 859 until it heard the attorneys’ report.

Uh, Trooper Besson, would that be more or less “inappropriate” than passing a secretive bill in the final hours of the session to benefit one person (well, two, since one other trooper fell within the strictly limited parameters of the bill’s language) while no one was looking?

Just as a reminder, it’s going to be difficult to get the board off dead center on this issue considering the board’s 11-person membership is comprised of four active troopers, Commissioner of Administration Kristy Nichols and one of Jindal’s legislative puppets, State Sen. Elbert Guillory (R/D/R-Opelousas), chairman of the Senate Retirement Committee (you can almost see Jindal’s lips move when he talks).

Just in case you lost count, that’s six members that Jindal and Edmonson control—and that’s a majority.

Folks, it’s looking more and more like that group of retired state troopers is going to have to make good on that threat to file a lawsuit challenging the constitutionality of the act.

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Call it coincidence, but the Baton Rouge Advocate today had an interesting lead editorial thanking State Police Superintendent Mike Edmonson and Gov. Bobby Jindal for assigning 100 state troopers to patrol the city of New Orleans through Labor Day in response to a Bourbon Street shooting spree on June 29 that left one dead and nine others injured. http://theadvocate.com/news/opinion/9965586-123/our-views-thanks-to-state

Certainly the timing of the editorial had nothing to do with the controversy swirling around the secretive passage of an obscure Senate bill during the last day of the recent legislative session that proved financially beneficial to Edmonson.

And certainly it had nothing to do with the fact that Advocate publisher John Georges wants to keep Edmonson happy because Georges holds a majority ownership in seven firms which provide video gambling machines and other services to gambling establishments—and because Edmonson oversees gaming through the State Gaming Control Board chaired by Ronnie Jones who served as Edmonson’s confidential assistant prior to his appointment to the Gaming Control Board. He is still listed as Edmonson’s confidential assistant on the State Police web page even though Jones says he resigned from that position last August. http://www.nola.com/news/index.ssf/2008/02/john_georges_gets_back_into_ga.html

Jones denies any knowledge of Georges’ video poker interests and says Edmonson is not his boss. “I wouldn’t know John Georges if he walked in the room right now and the fact that he has gaming interests doesn’t impress me,” he said, adding that Edmonson “has no control or influence over my board or its decisions.”

Jones’s denials notwithstanding, it appears we can dismiss any chance that the Advocate might delve into the murky political machinations behind the amendment especially tailored for Edmonson (though it did catch one other state trooper up in its generous net).

House Speaker Chuck Kleckley refused to open an investigation into the infamous Edmonson Amendment because he said the amendment was part of a bill that originated in the Senate. But one would expect no action from Kleckley. Otherwise, Jindal might remove his hand from his butt and Kleckley would then be rendered unable to speak—not that he’s ever said anything profound anyway.

The amendment, of course, tacked on an additional $55,000 per year to Edmonson’s retirement benefits and though Edmonson has since said he will not accept the extra income, he apparently overlooked the fact that the bill is now law, thanks to Executive Counsel Tom Enright’s stamp of approval and Jindal’s signing it as Act 859, which makes it impossible for him to arbitrarily refuse the financial windfall.

And it’s true enough that, Senate Bill 294 by Sen. Jean-Paul Morrell (D-New Orleans) did originate in the upper chamber and we now know that the amendment was added by Sen. Neil Riser (R-Columbia) but Kleckley conveniently overlooked the fact that three members of the Conference Committee which tacked on the amendment were members of the House.

But what about Senate President John Alario, Jr. (R-Westwego)? Certainly the esteemed Senate President would never let such a furtive move stain the stellar reputation of the Louisiana upper chamber. Surely he will launch a thorough investigation of the amendment since the bill and the ensuing amendment were the works of members of the Senate.

Don’t count on it. It’s rare that an elected official will bite the hand that feeds him—or a family member.

In this case, we’re speaking of one Dionne Alario, also of Westwego, who just happens to hold the title of Administrative Program Manager 3 for the Louisiana Department of Public Safety at $56,300 per year. She was hired last November and somehow manages to pull off the unlikely logistics of supervising DPS employees in Baton Rouge while working from her home in Westwego.

Oh, did we mention that she also just happens to be Sen. John Alario’s daughter-in-law?

We attempted to contact her at the Baton Rouge headquarters through the DPS Human Resources Department but we were given a cell phone number with a 504 (New Orleans) area code.

So if you expect Alario to conduct an investigation into the Edmonson Amendment, you can fuggedaboutit. It ain’t happening. His nest has been sufficiently feathered as to guarantee there will be no questions on his part.

It’s beginning to look more and more like the ol’ Louisiana political science professor C.B. Forgotston is correct: This entire Edmonson Amendment affair is quickly being swept under a very big rug.

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