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Archive for the ‘Politicians’ Category

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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One thing about Louisiana politics: the only constant is that the rumors are never ceasing.

Another is that even though the rumors may be baseless, sometimes the logic behind them can actually make sense.

Sort of.

That is, if anything in Louisiana politics makes sense.

And so it is that those close to Gov. John Bel Edwards have been called upon to deny rumors—and they have—that he is courting the Republican Party as he ponders the political practicality of a switcheroo, a-la Buddy Roemer, John Kennedy, John Alario, and former U.S. Reps. Billy Tauzin and Rodney Alexander.

Still, according to a high-ranking State Republican Party official, Edwards’s intermediaries have been talking with State Republican Party Chairman Roger Villere about that very possibility. Efforts by LouisianaVoice to reach Villere for a comment have been unsuccessful.

Gov. Edwards’s office categorically denies the report, hinting if anything, it was the Republican Party that asked him to the dance.

Either way, it’s now got both sides flinging rocks at each other with the next governor’s election nearly three years away yet.

As with any decision of such magnitude, fraught with perils as it would certainly be (it worked for Kennedy and Alexander but not so much for Roemer), there are plenty of pros and cons.

First the pros:

Remember those old (and I do mean old) Tareyton cigarette ads in which some happy smoker sporting a black eye proclaims that he/she would rather fight than switch?

Image result for i'd rather fight than switch

Well, in Edwards’s case, it could be that he’d rather switch than fight.

The worst-kept secret (if, indeed it is still a secret to anyone) in the state is that Republican Attorney General Jeff Landry is in a four-year campaign mode for the governorship. And Landry takes verbal (and legal) swipes at Edwards at every opportunity in his blatant self-promotion.

With $3 million already in his campaign coffers, what better way to cut the attorney general off at the knees than to take away Landry’s fund-raising capabilities while adding to his own? As one political observer put it, “If Edwards switches to Republican, $3 million might be enough. Landry won’t be able to buy a Chik-fil-A sandwich. Edwards would be the beneficiary of that scenario because the Republican money would allow him to raise even more cash.”

There’s also this: as a Republican governor, he would be able to do what he could not as a Democrat: name his choice for Speaker of the House.

Another, a former state official, said, “The Democratic Party in Louisiana is gravely disappointing and I have to wonder the extent to which what is happening here is replicated in other states and at the national level, i. e., if Democrats in power have essentially given up on their own party.

“As you know, (State Rep.) Karen Carter Peterson and former U.S. Sen. Mary Landrieu tried to talk JBE out of even running (they wanted to support Dardenne) and it took him forever to get support from the national party in D.C.

“When is the last time our state party has come up with a viable candidate for anything? Was Hillary Clinton really the best the party could come up with as a POTUS candidate? Really? JBE got elected because the stars were aligned against Vitter—and look how long it took Republicans to essentially give up on Vitter. I had/have some hope for JBE. If he jumps ship, I guess the only place to go is independent which, to me, is like ceding all power to the Republicans and their führer.”

Another possible benefit to crossing over is Donald Trump. As vindictive, petulant, petty, vile and vicious as he is crazy, Trump would never hesitate to hit Louisiana where it hurts if it had a governor who insisted on partisan politics: the state treasury.

Louisiana already is the second most-reliant on federal funds of the 50 states. We are behind only Mississippi (but barely) in slopping at the federal trough. To see a cut in the influx of federal dollars for a variety of programs would only add to the already draconian budgetary woes facing the state.

On the con side, there is the obvious potential political fallout.

Politicians who change parties sometimes have a tough time of it, said a state employee who tends to keep his finger on the political pulse. “They are despised in the party they leave, and they are not trusted in the party they join. Buddy Roemer and John Connolly of Texas come to mind. However, Richard Shelby of Alabama changed from the Democratic Party to the GOP back in the mid-1990s, and he is still in the United States Senate.”

Finally, a Baton Rouge attorney said Edwards has been a difficult governor to figure out. “He is a real enigma and very disappointing, thus far, to me as a moderate conservative who voted for him. I cannot imagine how the progressives and the left feel at this point.

“I have been unable to figure out what his goals are,” the attorney, a former state employee, said. “He is obviously very indebted to many groups, such as the Sheriffs’ Association. That, it clearly appears to me, keeps him from doing many things that would make him more successful.”

As we said, one source wired into the Edwards camp says it just ain’t so but we’ve all heard promises and denials before from our elected officials that in the end, turned out to be just so much hot air. He already is pro-life and pro-gun so half the battle’s won if he decides to go over.

So, the question is this: is this a non-story story on a slow news day or something major in the offing? The rumors and the denials are equally strong at this juncture so we’ll wait and see.

Edwards spokesperson Richard Carbo, reached by LouisianaVoice, expressed shock at the report. “Let me check this out and I’ll get right back to you. Give me five minutes.”

Two hours later he replied by text message: “I can confirm that neither the governor nor his ‘intermediaries’ have been in contact with the state GOP about changing parties.”

Carbo quickly followed with a second text that accused the Louisiana Republican Party of planting the rumor: “First the state GOP floats this idea, then backtrack(s) when the governor shows no interest. The governor did not have a single conversation regarding political parties. He’s too busy cleaning up their (Republicans’) budget mess. Roger Villere should stick to negotiating illegal Iraqi oil deals. He’s better at that than party leadership.

“Unless there’s a source named, the onus is on them,” he said.

His reference to Villere’s “negotiating illegal Iraqi oil deals” was in reference an April 12, 2016, LouisianaVoice STORY about Villere’s and Lt. Gov. Billy Nungesser’s comedy of errors in being taken in by a con man promoting an oil deal with Iraq.

All of which just serves to support our advice: Never listen to what politicians say. In this case, observe instead, the governor’s action on the issues: taxes, education, higher education, etc. to get a true sense of which direction the political winds are blowing.

But above all else, remember that it’s the sincerity of the B.S. factor that trumps everything else (and no, that’s not a reference to anyone).

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It was Memorial Day weekend in Baton Rouge last year, the weekend of the BAYOU COUNTRY SUPERFEST that had country music fans flocking to LSU’s Tiger Stadium. LSU subsequently cancelled its contract with promoters and this year’s event will take place in the Louisiana Superdome in New Orleans.

But this story isn’t about Bayou Country Superfest.

It was several hours after the final performance of one night of the three-day event, around 3 a.m., in fact, that a black SUV was pulled over by a Baton Rouge police officer at the corner of Perkins and Acadian, only a few blocks south of I-10.

The officer, a member of the city’s DWI Strike Force, suspected the driver of driving while impaired, perhaps even intoxicated. In the SUV was a woman, a blonde. She was not the driver’s wife; she’s a brunette.

The driver, violating all protocol, exited his SUV and started toward the officer who, alarmed, is said to have pulled his weapon just before recognizing the driver as a high-ranking member of the governor’s administration.

Instead of escalating, as the situation could easily have done, the driver was inexplicably allowed to proceed on to his destination, driving that black SUV. He was not arrested, issued a citation or even asked to submit to a field sobriety test and the matter was quickly hushed up. Even the city officer, when asked about the incident, denied it ever happened. But later, when asked about the incident by a fellow officer, rather than deny it occurred, said instead, “I can’t talk about that.”

Yet the stories continue to persist nearly nine full months after the stop that the officer denies ever took place. LouisianaVoice was even given the officer’s name by no fewer than eight different, independent sources. At least when Bobby Jindal’s Commissioner of Administration Paul Rainwater was pulled over for DWI, there was no attempt to keep the arrest quiet and he paid his fines and court costs for the offense. The only thing that raised eyebrows was when State Police Superintendent Mike Edmonson showed up and gave him a ride home—a courtesy no ordinary citizen sans political connections would likely be accorded.

Who made the decision to allow the driver to go on his way? It’s unlikely the officer would have assumed the responsibility for such a decision fraught with all kinds of downsides on his own. That would mean there had to be an order from up the chain of command within the Baton Rouge Police Department. The question then, is at what level of the command was the decision made, mid-level or from the very top?

Baton Rouge Police Chief Carl Dabadie is probably on his way out. At least that’s the indication given by former State Sen. Sharon Weston Broome who was recently elect Baton Rouge’s new Mayor-President and inaugurated on Jan. 2, though Dabadie appears to be fighting to keep his job.

This is not to say Dabadie was ever even aware of the stop but if (and of course, at this stage, that’s a very speculative if)…if he is the one who put the kibosh on the stop and potential arrest of the state official, both men need to go. Immediately.

If he had any records of the pullover expunged from the police log, he could be found guilty of injuring public records under Louisiana R.S. 14:132 and he conceivably could face imprisonment. At any rate, if any records of the stop were destroyed on his watch, he must be held accountable for destruction of public records.

If records were never tampered with, then somewhere there is a paper trail that still exists, perhaps by now buried somewhere in the bowels of the BRPD.

LouisianaVoice is continuing to investigate the matter. We’ll let you know if anything develops. If not, the story probably will evaporate as did the ghost stop of a black SUV at 3 a.m. during the 2016 Bayou Superfest.

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The Louisiana State Police Commission may have placed on its agenda for Thursday’s meeting an item to go into “executive session for discussion of professional competence” of commission Director Cathy Derbonne but an option that rests with Derbonne could put commission Chairman T.J. Doss behind the proverbial eight ball.

Doss is the State Police member on the commission. The remaining six members are appointed by the governor from each of the state’s Congressional districts.

Besides the item to enter into executive session, a separate item calls for “consideration of whether employment of the Director of State Police Commission should be continued or terminated.”

The entire proceeding, however could blow up in the faces of commissioners should Derbonne exercise her option to insist that all discussion be held in open session. Legally, she is entitled to make that call and if she does, there could be egg on the faces of Doss, Jared J Caruso-Riecke, et al.

In something of a plot twist, the web page of the State Police Commission was down briefly Wednesday night. Efforts to go onto the PAGE resulted in a message that the web address could not be accessed. The page was back online, however, after about 20 minutes.

Interestingly, the funneling of more than $40,000 in campaign contributions by the Louisiana State Troopers’ Association (LSTA) through its executive director produced only a sham of an investigation by a political ally of Gov. John Bel Edwards.

Natchitoches attorney and former State Sen. Taylor Townsend was hired under a $75,000 contract to “investigate” the contributions which were approved by the LSTA board of directors, comprised of state troopers, and laundered through LSTA Executive Director David Young. Young made the contributions, including $10,000 each to Bobby Jindal and Edwards, by writing checks on his personal account and then submitting expense invoices to the association.

Townsend, obviously taking his marching orders from up the food chain, declined to include as part of the evidence an audio recording of a meeting of troopers concerned about the contributions at which it was acknowledged that the LSTA violated the restrictions against state troopers becoming active in political campaigns, including making contributions. Townsend also failed to follow protocol in submitting a written report of his findings and instead, made only a verbal recommendation that “no action be taken.”

Townsend likewise has been silent on the issue of the manner in which commission members were appointed. When there is a vacancy, the commission chairman is required to notify the university president in that congressional district to solicit names for nominations from which list the governor makes his appointment.

Derbonne’s major transgression appears to be that she did her job, including notifying the governor’s office of the requirements for member appointments and of commission members who, like the LSTA, violated ethics rules by making political contributions while sitting on the board. Three members ultimately resigned because of that issue.

So, bottom line, what we have here is a failure to communicate (apologies to the late Strother Martin of Cool Hand Luke). An attorney who is a crony of the governor shirks his duty to the job for which he was contracted but still collects his fees and stands in good stead with the commission while Derbonne followed the dictates of her job and finds her job is on the line.

Way to go, guys. You should really feel good about yourselves. Eulis Simien, I really thought you had more integrity than to let yourself be manipulated by Doss and Edmonson.

Every time I hear Doss talk, I wonder how it feels to have Edmonson’s hand up his backside.

Calvin Braxton, you’ve already seen what can happen when you cross Mike Edmonson, but you’re going along with this fiasco anyway?

Monica J. Manzella, I’m really not that surprised; after all, you negotiate contracts with the State Police on behalf of the City of New Orleans. No conflict there.

Jared J Caruso-Riecke, Mike Edmonson obviously owns you.

Donald Breaux, we know where your loyalty lies with your special LSTA-1 license plate on your car.

You’re all a real piece of work.

How can Simien and Caruso-Riecke (appointed June 6) and Manzella (Oct. 11), who between them, have barely a year’s experience on the board, make any kind of intelligent judgment call as to the competence of Derbonne? The answer is, they can’t; they can only rely on the manipulations of Edmonson and Doss.

And that $75,000 investigation by Taylor Townsend only to get a verbal “I recommend no action.” It’s a damn good thing you weren’t heading up the investigation of the previous commission executive director DEBRA JOHNSON. Even the Office of Inspector General nailed her for felony theft, fraud, and malfeasance in office.

If anyone in this tragicomedy should be called to the carpet for misappropriation of funds, it should be Townsend. I could’ve done what he did for a measly five bucks and a beer from the bar run by LSTA over at the State Police training facility in Zachary.

We can only hope Derbonne will exercise her rights and make them do their dirty work out in the open for everyone to see.

And if you think firing a single employee—for no other reason that she insists on doing the right thing despite what Edmonson wants—will make your problems disappear, you’re so very wrong.

If you think LouisianaVoice has been a pain in the ass so far, you ain’t seen nothin’ yet.

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Attorney General Jeff Landry is a busy man.

Since taking office a year ago, he apparently has personally made 35 arrests and announced nine other arrests by his office for such crimes as child pornography, elder fraud, Medicaid fraud, workers comp fraud, public corruption, and even for attempted murder.

I don’t know if he packs heat on those arrest sorties. Shoot, I didn’t even know the State Constitution gave him actual arrest powers. Just shows how little I know, I suppose.

Obviously, he was too busy fighting Gov. John Bel Edwards to take an active role in bringing those other nine to justice but his crack investigative teams were certainly up to the task.

Here are some sample headlines to stories released by his overworked public information office:

You have to admit that’s a pretty impressive laundry list of activity by Landry who, in addition to running hard for governor, must also dispense legal advice to various political subdivisions of the state as well as doling out consumer tips about how to ward off con artists and various scams.

Oh, I almost forgot: He also is personally rescuing New Orleans from its ongoing crime wave by busting a few individuals for pot possession. Apparently he’s been watching that classic 1936 film REEFER MADNESS that warned us about the homicidal/suicidal effects of Marijuana.

In case you don’t wish to watch the entire riveting movie, here is a short TRAILER to the film.

Here are some comments made by Landry in those news releases:

  • “Our office will leave no stone unturned in the pursuit of making our communities safer,” said General Landry. “We will do all that we legally can to bring child predators to justice.”
  • “Medicaid fraud robs much-needed services from our State’s vulnerable,” said Attorney General Jeff Landry.  “Our award-winning fraud detection and prevention unit will continue working hard to uncover, investigate, and arrest criminals who defraud Medicaid.”
  • “Our office is on the front lines investigating, arresting, and educating to help stop the awful occurrence of seniors being targeted and preyed upon by scammers,” said General Landry. “We want to help Louisiana’s people avoid falling victim to mortgage, contractor, charity and other types of frauds commonly perpetrated on senior citizens.”
  • “Our office will investigate and apprehend those who exploit our State’s children,” said General Landry. “We will continue to bring child predators to justice.”
  • “I have an unwavering commitment to protect our children, and my Cyber Crime Unit will keep working tirelessly to investigate and arrest those who have exploited children,” said General Landry. “We will continue to use all resources at our disposal to apprehend and prosecute child predators.”
  • “My office and I will do all that we legally can to protect our State’s children from predators,” said General Landry. “We will continue to work with all law enforcement partners to catch child predators and bring them to justice.”
  • “My Cyber Crime Unit works around the clock to investigate and arrest child predators,” said General Landry. “We remain focused on these efforts in an attempt to prevent innocent children from being exploited.”
  • “Our office will continue to be a model agency in arresting illegal criminals and stopping them from exploiting our State’s children,” said General Landry. “We will keep working closely with our local, state, and federal partners to make our streets safer by bringing child predators to justice.”

But here’s the best one, assuming you like cruel jokes:

“As Louisiana Attorney General, I will do all I can to end public corruption,” said General Landry. “The federal government has had to step in many times to help enforce these laws and protect the public. The federal government should not, and will not, be alone in this mission under my administration.”

“Under my watch, we will enforce state ethics laws and not just rely upon the federal government to take the lead on this issue,” continued General Landry. “The people of Louisiana should know government officials, elected and appointed, are accountable for their actions.”

You gotta love that, given how we thought all this time the State Ethics Commission was responsible for enforcing state ethics laws with those fines that are never collected.

From the New Orleans TIMES-PICAYUNE:

  • The task force made 11 arrests in New Orleans between October and December, his office said. Those arrests included six counts of marijuana possession, three counts of marijuana possession with intent to distribute, one count of illegal possession of a firearm and one count of illegal possession of a stolen vehicle. They also included four counts of producing and distributing fake drugs.
  • During the same three months, NOPD made a total 5,463 arrests, the department said.

Kinda going after the low-hanging fruit, aren’t you General? Not to mention pissing off the local law enforcement types with your headline-grabbing tactics for doing basically nothing.

And from the Baton Rouge MORNING ADVOCATE:

  • While he did not rule out a run for governor, Landry, 46, said he remains focused on his current job. He said he “despises people” who use one political office as a stepping-stone to the next. (Emphasis added.)

And of course, in the interest of being ever-vigilant on behalf of Louisiana’s citizens, he blocked John Bel Edwards when the governor attempted to retain some attorneys to sue oil and gas companies over the wreckage inflicted on the state’s coastal marshes. Granted, the attorneys Edwards wanted to hire were high-dollar but with one exception, they also had impressive success records in prior litigation against the oil industry.

But he said he “despises people” who use one political office as a stepping-stone to the next.

Didn’t a recent governor also insist he had the job he wanted—until after his re-election, when he openly and unabashedly chased an elusive Republican presidential nomination?

Between the ineptness of the Ethics Commission, the Office of Inspector General, and the Attorney General’s office, I’m reminded of the story about the baby chick questioning his mother about how he came to be:

BABY CHICK: Mom, was I born?

MOTHER HEN: No, you were hatched from an egg.

BABY CHICK: Was the egg born?

MOTHER HEN: No, the egg was laid.

BABY CHICK: Are people laid?

MOTHER HEN: Some are, but others are chicken.

The point here being maybe they’re all just a little chicken when it comes to enforcing ethics laws.

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