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AG Jeff Landry made 2015 media buy through firm linked to NRA-Trump scheme of routing funds through shell company

December 20, 2018 by tomaswell

Louisiana Attorney General Jeff Landry and unsuccessful gubernatorial candidate Scott Angelle appear to have made media buys during their respective 2015 campaigns through a political consulting firm affiliated with a shell company said to be at the center of an alleged illegal coordination scheme with the NRA, according to an investigation by the Center for Responsive Politics (CRP).

Read the full story HERE.

Donald Trump’s campaign funneled money to ad buyers which in turn set up illegal coordination between the campaign and the NRA by routing funds through a secretive shell company for the 2016 campaign and has continued to use the same individuals working for the same firms for his 2020 campaign. The payments were made through Harris Sikes Media, LLC, a company that appears to exist only on paper but which shares a mailing address with several other companies.

Three of the companies—National Media Research, OnMessage, and Harris Sikes—list their address as 817 Slaters Lane in Alexandria, Virginia. Three others—American Media & Advocacy Group, Red Eagle Media Group, and Purple Strategies, LLC, give their address as 815 Slaters Lane in Alexandria.

Funny thing is, there is no such street as Slaters Lane in Alexandria, Virginia.

And one of those companies, OnMessage, is headed up by none other than Bobby Jindal’s very own political guru, Timmy Teepell of Baton Rouge.

National Media, American Media & Advocacy Group (AMAG), and Red Eagle Media Group are all facing allegations of illegal coordination of campaign funds because besides sharing identical or similar addresses, they also share staff and resources.

The analysis of Federal Communications Commission (FCC) records by the Center for Responsive Politics (CRP) found that Trump campaign ad disclosure forms on file with stations across the country have continued to include signatures and names of individuals working for National Media, despite no mention of National Media or its affiliates on required federal disclosures. Those individual ad buyers’ names simultaneously continued to be included in ad documents for the NRA and America First, but with the ad buyers’ affiliation listed as National Media or one of its affiliates.

The three ad buyers whose names have popped up the most on political ad records for all three groups are Ben Angle, Megan Burns and Jonathan Ferrell, CRP says. And even though their names appeared on filings from Harris Sikes Media, all three are listed as employees of National Media and its affiliates. Their names and/or signatures have appeared on FCC political ad filings for AMAG, Red Eagle and National Media.

NRA’s relationship with Purple Strategies is obscured through a network of affiliated companies. Documents filed with the FCC indicate that the NRA routinely does its ad buys through American Media & Advocacy Group and Red Eagle Media. Both companies give the same Alexandria, Virginia, address—815 Slaters Lane.

Court records reveal, however, that like the address, Red Eagle Media does not actually exist, but rather is a fictitious business created and owned by National Media.

Harris Sikes Media’s registered agent, attorney Joel Dahnke, is also the registered agent for National Media.

The Trump practice of routing funds through Harris Sikes Media —a previously unreported shell company that was not known to be affiliated with National Media — appears to be a new tactic, and Trump is the first major federal candidate known to have been a part of it, according to CRP’s review of FCC records.

The only other political ad disclosures in FCC records dating back to 2015 that mention Harris Sikes Media are for former U.S. Rep. and current Attorney General Jeff Landry and Louisiana Rising, the political action committee associated with Scott Angelle’s failed gubernatorial campaign.

“Using shell entities to circumvent campaign coordination rules is hardly a new concept, and something that often occurs without consequence — giving consultants free rein to exploit these tactics,” the CRP report said.

Just another way in which so-called “dark money” is used to usurp the democratic process in this country, effectively stifling the voice and the will of the people. Instead of focusing on the all-too-real issues facing us, we are instead seduced into voting for the candidate with the sharpest, most appealing TV ads.

We now vote the candidate who can make the best use in a 30-second spot of catchy phrases like “border wall,” “drain the swamp,” “make America great again,” “I believe love is the answer but you oughta own a hand gun just in case,” and “I’d rather drink weed killer.”

Real depth of thinking that addresses myriad problems, right?

Posted in Attorney General, Campaign Contributions, Corruption, Ethics, Media, Politicians, Public Records, Transparency | 5 Comments »

Landry over barrel in bucking nemesis Edwards’ prison reform vs. his hero Trump’s criminal justice reform bill

December 19, 2018 by tomaswell

When I was a boy, my grandfather kept feed for his livestock in what we referred to as the corn crib in our barn. Naturally, rats, attracted to the grain, were a major problem.

One day, I moved a 55-gallon metal barrel into the crib. I put a couple of handsful of grain in the bottom of the barrel and propped a wooden plank outside the barrel against the open top. That night, about half-a-dozen not-so-smart rats climbed up the board and jumped into the barrel to get the grain. Too late they found they couldn’t get out.

I killed the rats and repeated the process each night, thereby eliminating quite a large number of the vermin because they too dumb to comprehend the peril of leaping before then looked.

The Senate passage (87-12) Tuesday of the CRIMINAL JUSTICE REFORM BILL has put Louisiana Attorney General Jeff Landry in a metaphorically similar barrel and it’s going to be interesting to see if he can climb out or if he learns from it.

Landry, you see, has spent the duration of his term of office either attacking every initiative of Gov. John Bel Edwards or praising every action of his acknowledged hero, Donald Trump.

He has been especially critical of the governor’s Criminal Justice Reform Program designed to relieve the state of its dubious title as the world’s incarceration center. Until passage of the Criminal Justice Reform Program, Louisiana had the highest rate of incarceration in a nation that had the highest incarceration rate in the civilized world.

No one would try to say there wouldn’t be repeat offenders. That goes with any prison system anywhere but Landry was quick to jump into the fray back in August when he issued a blistering PRESS RELEASE and newspaper OP-EDS proclaiming to anyone who would listen that nearly 25 percent of inmates released under the program had reoffended.

In an especially self-righteous display of sanctimony designed to garner sympathy, he called upon Edwards to apologize to the victims.

A noble but, coming from Landry, a somewhat empty sentiment intended to curry favor while having little to do with any real concern for anyone other than his own political capital. Consider this remark in his press release:

“The governor’s reckless approach to empty our jails simply so he can take credit for a smaller prison population remains a threat to Louisiana citizens. It further highlights the need for truth in sentencing.”

Well, first of all, there was never any intent to “empty our jails.” That’s almost laughable, ranking right up there with some of Trump’s wildly exaggerated claims. As for “truth in sentencing,” I bring to the stand the innumerable investigative audits conducted by the Louisiana Legislative Auditor’s Office that were simply filed away somewhere with no action taken against those responsible for mismanagement, malfeasance and embezzlement.

A statewide elected official can let state taxpayers pay his fine for sexual harassment and move on with his life but let some kid from the ghetto get busted for an ounce of pot and all hell breaks loose. Authorities swoop down on him, hustle him off to jail where he is most probably raped as he awaits his trial and sentencing to hard time. How’s that for “truth in sentencing,” Jeff?

It must have kept Landry awake last night just knowing that his hero (Trump) and his nemesis (Edwards) actually worked together in coming up with the criminal justice reform bill, a bill favored by Trump and for which First Son-in-law Jared Kushner actually lobbied.

It must have also upset the folks over at The Hayride after their EDITORIAL last August in which they called for Republican supporters of the Edwards prison reforms “to step away quietly…”

Basically, this is what the criminal justice reform bill does:

  • Sends up to 4,000 prisoners home by increasing the amount of time inmates can cut off of their sentences due to good behavior.
  • Allow more male and female inmates to serve time in house arrest or halfway facilities instead of prison cells, with exceptions for high-risk inmates.
  • Require that prisoners be placed within 500 miles of family.
  • Outlaw shackling during child birth.
  • Mandate the provision of sanitary napkins and tampons to female inmates.
  • Reduce the mandatory penalty from life to 25 years for a third conviction of certain drug offenses, and from 25 to 15 years for a second conviction.
  • Prohibit the doubling up, or “stacking,” of mandatory sentences for certain gun and drug offenses.
  • Give judges more discretion in giving less than the mandatory minimum for certain low-level crimes.
  • Make the 2010 Fair Sentencing Act retroactive, which changed sentencing guidelines to treat offenses involving crack and powder cocaine equally. This could impact nearly 2,600 federal inmates.

The bill would only impact the 180,789 incarcerated in federal prisons, but many of the changes reflect reforms already implemented in many states.

It now goes back to the House, where it is expected to pass with equal ease.

At least one Louisiana politician remained true to his beliefs, however self-serving they may be.

U.S. Sen. JOHN KENNEDY was one of only 12 Republicans in the Senate and the only one from Louisiana to vote against the bill, calling it a “violation of American public safety. He sniffed last August that Edwards “calls it prison reform, I call it prison release.”

Never one to abandon a snippy sound bite if it gets him on camera, he repeated an eerily similar CLAIM last Friday: “This is not a criminal justice bill. It is a prisoner release bill.”

It’s a pity neither is running for governor. It would have been a darn interesting election from an entertainment perspective.

Posted in Attorney General, Courts, Crime, House, Senate, Judges, Politicians, Prison | 8 Comments »

Harbinger of things to come? Judge rules law enforcement had no duty to protect Marjory Stoneman Douglas students

December 18, 2018 by tomaswell

Apparently, if you are drowning, lifeguards are under no obligation to protect you from harm.

If a maniac is careening down the interstate, weaving in and out of traffic at breakneck speeds, state police are not required to protect other motorists.

If that same maniac causes an accident in which you are gravely injured, first responders have no duty to try and save your life.

If someone is breaking into your home, don’t bother calling 911; they don’t have to come to your aid. Not their job.

The fire department is no longer duty-bound to respond when your home is consumed in flames.

If you witness child abuse, don’t bother calling Child Services. They have paperwork to do.

Teachers are under no requirement to teach our kids.

Why bother the rape crisis hotline? You were probably dressed provocatively anyway and brought it on yourself.

The Hippocratic Oath is out the window for physicians.

The rules of the game have apparently changed. Police departments exist now to promote fundraising projects for benefits and pensions.

Sheriffs’ departments are only for awarding political allies with jobs as deputies.

Social welfare agencies exist only to allow employees to qualify for retirement.

Extreme? Of course.

Fantasy? Not necessarily.

Not if the ruling by a federal judge in Florida is any indication of the future.

U.S. District Judge Beth Bloom has dismissed a lawsuit by 15 students of Marjory Stoneman Douglas High School who somehow had the audacity to expect that school officials and the Broward County Sheriff’s Office had a duty to protect them from a mass murderer.

Read the full story HERE.

In an incredible reach, Judge Bloom said that Broward schools and the sheriff’s office had no legal duty to protect students during the attack in which Nikolas Cruz killed 17 and wounded another 17 on Feb. 14, 2018.

She said the two agencies had no constitutional duty to protect students who were not in custody.

As outrageous as her decision is, one of our readers informs us she was merely complying with established U.S. Supreme Court rulings. The first, titled TOWN of CASTLE ROCK v. GONZALES, said a police department could not be sued for failure to enforce a restraining order after the estranged husband of a woman killed their three children. The other, DeSHANEY v. WINNEBAGO COUNTY, said that a state government agency’s failure to prevent child abuse by a custodial parent does not violate the child’s right to liberty for the purposes of the 14th Amendment to the U.S. Constitution.

Next, there will be no responsibility on the part of federal agencies to protect us from tainted meat, workplace dangers, environmental threats, consumer fraud, employer harassment, racial discrimination, bogus universities, or payday loan abuses.

Oh, wait. Strike that last paragraph. We’re already there.

As our late friend C.B. Forgotston would have said: you can’t make this stuff up.

Posted in Corruption, Courts, Crime, Education, Judges, Lawsuits | 9 Comments »

So, why were state taxpayers required to pony up $184K in settlement of sexual harassment suit against Tom Schedler?

December 13, 2018 by tomaswell

There is an interesting story in today’s Baton Rouge Advocate (click HERE to read the story) about former Secretary of State Tom Schedler.

It seems that in addition to being forced from office by his settlement of a sexual harassment lawsuit, his successor, Kyle Ardoin, diverted $90,000 in state funds earmarked for computer upgrades to pay Schedler’s portion of the settlement.

That’s questionable use of public funds by practically any definition I know but beyond that little indiscretion lies a more fundamental question and that is just why was the state on the hook for the bulk of the payout for his behavior in the first place?

Schedler resigned in May of this year in the wake of accusations that he had sexually harassed a female employee for years.

The woman filed suit against Schedler and the state and the case was settled in August for $167,500, plus another $35,000 in attorney fees.

Of that $202,500 total, Schedler personally paid only $18,425 with state taxpayers picking the remaining $184,075–$90,450 covered by the secretary of state’s office and $93,625 by the Office of Risk Management, the state office that insures all state agencies in cases of legal liability.

But why would taxpayers be called upon to foot the bill for nearly $185,000 for personal actions committed by Schedler?

That was the question posed by a reader who said, “We need somebody to pass a law that anybody settling a sexual harassment case related to their employment with the state has to pay ALL of it from their own pockets. If Schedler wasn’t 100 percent responsible for this, who was, the state? And who, in this case, is the state?

Good questions all and an observation that cuts the heart of the legal issue.

To our reader’s advocacy that a law needs to be passed, he’s correct—except the law is already in place. It’s just not applied by judges who preside over these cases.

There is even a legal term (Latin, what else?) that addresses this very case.

RESPONDEAT SUPERIOR is the Latin phrase for “Let the master answer.” While it is an English Common Law doctrine (Louisiana’s laws are based on the Napoleonic Code), it would still apply in Schedler’s—and others’—cases if only the judges would apply the principle.

Established in the 17th century, the doctrine was adopted in this country and has been broadly applied in agency law. Literally, Respondeat Superior means the employer (in this case, the state) is liable for the injuries caused by an employee who is working within the scope of his employment relationship (emphasis mine). The person who does the work for the employer is the agent and the theory behind the law says the principal (employer, or agency) controls the agent’s behavior and must then assume some responsibility for the agent’s actions.

It means that if, as a state employee, your supervisor or legal counsel directed or advised you to do something later determined to be illegal, then the state would be liable for any fines, courts costs, etc. If, however, you did something illegal at work that was not work-related (harassment or assault of a subordinate, stealing from the coke machine, extortion, etc.), then you and you alone should be held liable for any damages imposed. If, the first case, the court had imposed a $50,000 fine, the Office of Risk Management would be responsible for paying the penalty. In the second case, if you were fined (whatever amount), the full responsibility for payment should fall upon you because what you did was not job-related, or within the scope and authority of your job responsibilities.

The question then becomes was the employee (Schedler) acting within the scope of employment during his off-the-rails behavior. The answer, of course, is certainly not.

That is the sticking point here and, in a case involving LouisianaVoice a few years back. We sued Commissioner of Administration Kristy Nichols over her failure to provide public records in the time prescribed by law. LouisianaVoice won the case and Nichols was personally assessed financial penalties. But she appealed, lost and eventually settled with LouisianaVoice. But the state paid for all her attorney fees at the state and appeal court levels as well as for the settlement itself.

The judge held her personally liable because she did not rely on the advice of the DOA legal counsel in dragging out her response to our records request. She was not, the court deemed, acting “within the scope of her employment” by delaying production of the records. Still, when push came to shove, it was the state, i.e. taxpayers, that paid in the end.

Same with Schedler. Sexual harassment certainly is never within the scope of anyone’s employment. Therefore, what Schedler did, he did as a freelancer, not as part of his duties as an employee (or in this case, the very head of the agency). Accordingly, he should have been held personally liable for all damages and legal costs.

That he was not speaks to the inexcusable laxity exercised by the court system in this case. This was the ideal chance for the judiciary to send a clear message to public servants—and employees in the private sector—that acting outside the boundaries of their job descriptions has consequences.

Sadly, that opportunity was missed.

Posted in Corruption, Courts, Ethics, Judges, Lawsuits, ORM, Office of Risk Management, State Agencies, Transparency | 6 Comments »

Louisiana worst-run state in U.S., but don’t worry; the legislature is coming to bail us out (as they always do)

December 10, 2018 by tomaswell

Republican members of the Louisiana Legislature are pretty smug about their ability to block any proposed legislation or budget put forward by Gov. John Bel Edwards.

Witness the antics of Rep. Cameron Henry (R-Metairie) as he danced to puppeteer/House Speaker Taylor Barras (R-New Iberia) in rejecting the findings of the Revenue Estimating Conference, effectively killing any chance Edwards had of implementing badly needed pay raises for Louisiana’s public school teachers.

But do Henry and Barras, members in good standing of the “Caucus of No,” give a damn about teachers or, for that matter, the state as a whole?

You can check that box No.

And the same can be said for Attorney General Jeff Landry, who would far rather take pot shots at the governor than do his job.

The only thing—and I stress the only thing—important to them is winning. Defeating any proposal of the governor in an effort to cast him in a bad light as the 2019 election approaches is considered a victory for them.

It’s a damned shame that grown-ass men put their own interests and the interests of their precious political party (be they Republican or Democrat) over the good of the citizens of this state. They would rather point fingers of blame for failures and grab credit for successes than come together to try and lead this state out of the backwater world of financial, educational, environmental, and cultural existence for which it has become notorious.

Don’t believe me? Take a look at the number of legislative sessions we’ve had over the past three years:

  • 2016: 4 (one was the organization session held ever four years, so realistically, we shouldn’t count that one).
  • 2017: 3—Regular session and two special sessions—just to try and pass a state budget.
  • 2018: 4—Regular session and three special sessions—same problem.

Legislators Robert Johnson (D-Marksville) and Sen. Eric LaFleur (D-Ville Platte) put their fingers on the problem in 2017 when they dubbed the philosophy of putting corporate interests above individual taxpayers as ”OBSTRUCTIONIST POLITICS.”

And therein lies the problem. The big moneyed interests—big oil, big Pharma, banks, payday lending, nursing homes, communications companies, and insurance companies—all working together under the umbrella of the Louisiana Association of Business and Industry, the Louisiana Chemical Association and the Louisiana Oil and Gas Association, pour money into legislators’ campaign funds, forevermore buying the undying loyalty of their lapdogs who, by pushing a red or green button mounted on their desks, control the fate of four million Louisiana citizens.

When it comes to you,  with your $25 donation, having your complaint about high cable TV bills, high drug prices, or unfair lending practices going up against their hundreds of thousands of dollars in campaign contributions, legislative parties, meals at Sullivan’s and Ruth’s Chris, and the occasional “companionship” during a deep-sea fishing trip, just who do you think is going to be heard?

Again: don’t believe me? Then attend a legislative committee hearing on a bill in which you have an interest. Sign the card to speak for or against the bill. If your position is contrary to the committee members’ positions that have already been bought and paid for, just watch their eyes glaze over as you testify. Or, they might even get up and leave the committee room to take an “important” phone call or just get a cup of coffee. The point is, they ain’t listening to you.

Having said all that, I now bring to the witness stand the latest findings of 24/7 Wall Street, that private research firm that publishes dozens of lists and ranks each day, from the best wines or automobiles to companies projected to downsize to the most obese state, poorest state, state with the biggest gap in gender pay to today’s published results:

The BEST and WORST RUN STATES in AMERICA.

The survey is based on many metrics, including, but not limited to:

  • The ability to attract new residents (new money and new demand for goods and services);
  • The strength of the job market;
  • Diversity of economy;
  • Per capita GDP;
  • Crime rate

Do you want to even hazard a guess as to where Louisiana ranked?

You got it.

Dead last. 50th. Anchor position.

The top three, in order were Oregon, Utah and Washington.

Utah’s state minimum wage is $7.25 but Washington has the nation’s highest at $11.50 and Oregon is fourth-highest at $10.75

The bottom five, in order, are West Virginia, Mississippi, Alaska, New Mexico, and….

Louisiana

We have the nation’s fifth highest unemployment rate (5.1 percent), the second lowest GDP growth, and the third highest poverty rate (19.7 percent).

Alaska’s minimum wage is $9.84 per hour and in New Mexico and West Virginia it is $8.25. In Mississippi and Louisiana, however, the minimum wage is still $7.25 even though the LIVING WAGE CALCULATOR says the living wage for a single adult in Louisiana ranges from a low of $9.46 per hour in Avoyelles Parish to $11.40 for several parishes in the New Orleans area. Here is the living hourly wage for a single adult in the following Louisiana parishes:

  • ACADIA: $9.62
  • ALLEN: $10.20
  • ASCENSION: $10.89
  • ASSUMPTION: $10.13
  • AVOYELLES: $9.46
  • BEAUREGARD: $10.20
  • BIENVILLE: $10.20
  • BOSSIER: $10.98
  • CADDO: $10.98
  • CALCASIEU: $10.20
  • CALDWELL: $10.20
  • CAMERON: $10.20
  • CATAHOULA: $10.20
  • CLAIBORNE: $9.88
  • CONCORDIA: $9.88
  • DESOTO: $10.98
  • EAST BATON ROUGE: $10.89
  • EAST CARROLL: $9.96
  • EAST FELICIANA: $10.89
  • EVANGELINE: $9.88
  • FRANKLIN: $9.88
  • GRANT: $10.83
  • IBERIA: $10.31
  • IBERVILLE: $10.02
  • JACKSON: $9.88
  • JEFFERSON DAVIS: $10.20
  • JEFFERSON: $11.40
  • LAFAYETTE: $10.79
  • LAFOURCHE: $11.27
  • LASALLE: $9.92
  • LINCOLN: $10.69
  • LIVINGSTON: $10.89
  • MADISON: $9.88
  • MOREHOUSE: $10.20
  • NATCHITOCHES: $10.25
  • ORLEANS: $11.40
  • OUACHITA: $11.01
  • PLAQUEMINES: $11.40
  • POINTE COUPEE: $10.89
  • RAPIDES: $10.83
  • RED RIVER: $10.34
  • RICHLAND: $9.88
  • SABINE: $10.14
  • BERNARD: $11.40
  • CHARLES: $11.40
  • HELENA: $10.89
  • JAMES: $9.73
  • JOHN THE BAPTIST: $11.40
  • LANDRY: $9.54
  • MARTIN: $10.79
  • MARY: $10.32
  • TAMMANY: $11.40
  • TANGIPAHOA: $10.90
  • TENSAS: $9.88
  • TERREBONNE: $11.27
  • UNION: $11.01
  • VERMILION: $9.79
  • VERNON: $10.77
  • WASHINGTON: $9.90
  • WEBSTER: $9.78
  • WEST BATON ROUGE: $10.89
  • WEST CARROLL: $9.88
  • WEST FELICIANA: $10.89
  • WINN: $10.20

No living wage for a single adult in any of the 64 parishes was given at $7.25, so how the hell do our LABI-bought, packaged, and owned legislators think a single mom and two or three kids can subsist on $7.25 an hour?

We have the nation’s fifth highest unemployment rate (5.1 percent), the second lowest GDP growth, and the third highest poverty rate (19.7 percent).

Ah, but the 2019 regular session convenes at noon on April 8. The booze will flow again, sumptuous food will abound in Baton Rouge’s finest restaurants and deals can be made.

Of course, campaign contributions may not be made during the session, but not to worry; all that will be taken care well in advance of the fall of the gavel to open the session.

It’s Louisiana and we’re number by-gawd 50 and we worked hard to get there.

Posted in Campaign Contributions, Economy, Education, Finances, Governor's Office, Legislature, Legislators, Lobbyist, Louisiana Purchase | 7 Comments »

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