Alabama Politics in
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June 30, 2006

Lessons from Siegelman

Filed under: Uncategorized — Danny @ 8:44 am

We want and expect our politicians and public servants to be their very best, but we need systems of accountability in place for when they are not acting in the public’s best interest. I hope that is an obvious statement, but consider…

  • Right now lobbyists may spend $250 per day on an Alabama legislator without reporting it, and the public will not know whose deep pockets are trying to influence legislation and public policy.

  • Right now the source of campaign contributions can be hidden in PAC-to-PAC transfers, even contributions that would normally be illegal, and the public will not know who is trying to influence an Alabama election.

The system was in place to hold Siegelman accountable for his misdeeds that were not in the interests of good government. We need systems of accountability for these other ways in which special interests are regularly acting outside the public interest.

Friday 6/30/2006 DAILY NEWS DIGEST

Filed under: Uncategorized — G @ 6:22 am

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1151659723252790.xml&coll=2 -  Siegelman, Scrushy guilty on multiple charges.

http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/1151659712252830.xml&coll=1 – Pundits see conviction as end of long Siegelman career.

http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/1151659712252830.xml&coll=1 – Legal experts say reversal of Siegelman conviction unlikely.

http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060630/OPINION01/606300315/1012/OPINION - Editorial states that Siegelman conviction shows need for ethics reform.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060629/APN/606290892 - Federal Court panel denies appeal of death row inmate who represented himself.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060630/NEWS/606300314/1012/editorial1 - Editorial urges Tuscaloosa County to move quickly to take advantage of limited local control.

FROM TODAY’S ANNISTON STAR:

Editorials

A sad end to it all

In our opinion

06-30-2006

Thursday afternoon, the word came over the wire: “Alabama governor and ex-HealthSouth CEO convicted of corruption.”

Former Gov. Don Siegelman and Richard Scrushy, the man who built HealthSouth into one of the most impressive companies in the state, were both convicted in federal court of bribery, conspiracy and mail fraud. Siegelman was also convicted of obstruction of justice.

During the six-week trial, prosecutors brought in testimony to show what was described as a series of “pay to play” transactions in which Siegelman, both as governor and lieutenant governor, asked for and accepted money and gifts in exchange for a variety of favors, including a $40,000 “donation” that allowed the developer of a toll bridge to pick the transportation director.

Among those who were accused of taking part in such schemes was Scrushy, who was charged with having paid $500,000 in campaign contributions to obtain a seat on a state hospital regulatory board.

The trial has been a sad parade of the many ways money can and (according to the jury) did change hands to corrupt the political process. Both business and government took a beating, and neither came out well in the end.

But worse still, this verdict likely marks the end of what were once two of the most promising and productive careers in the state.

Don Siegelman came to the governor’s office with better credentials and more experience than any public official in recent memory. Unfortunately, that experience also tied him to politics as usual in Montgomery. As a result, his term in office fell short of what his supporters hoped it would be, and the outcome of this trial leaves a stain that will never be blotted out.

Richard Scrushy was also successful, impressive and promising. Self-made in so many ways, his career was one in which the people of Alabama took pride, and the company he built made us feel good about ourselves.

Which is what saddens us most about it all.

Here are two men who did so much and could have done so much more. Though there will be appeals and though the final verdict may be different, their promise, their potential, is a thing of the past. Now they will never do what they might have done for this state.

Medicaid mess

In our opinion

06-30-2006

We have seen it so often. A red-hot political issue is addressed by lawmakers more concerned about getting votes than about writing good legislation, and as soon as the bill is signed by a similarly concerned president, the “law of unintended consequences” kicks in.

Can anyone up in Washington say “oops?”

Back at the beginning of the year, Congress passed and President Bush signed the Deficit Reduction Act, which was suppose to help our spendthrift executive and legislative branches reduce the amount of money we have been coming up short every year.

And, in typical fashion, the spenders avoided the real problems - war and pork and such - and go after supposed welfare cheats. To sweeten the political pot, the politicians promised to save a bundle (roughly the cost of keeping troops in Iraq for a day or so) by reducing the number of illegal immigrants who are getting help through Medicaid.

Now, we will not criticize the goal here. Illegal immigrants should not be eligible for such services. But how are you going to tell those who are legal from those who aren’t?

Well, Congress, in its wisdom, came up with the answer. Just show proof of citizenship - a passport or birth certificate will do just fine.

Only problem is that there are a lot of folks who have neither. How many of you have a passport? OK, let’s write that one off.

And what about a birth certificate? Ah, you have that. Unless you are elderly, poor, from a rural area where doctors were few and hospitals fewer, so you were born at home.

There are a lot of folks like that in states like Alabama.

One survey has estimated that nationwide there could be over 4 million U.S.-born citizens who will have trouble getting Medicaid services because they lack the proper documentation. And they could be the ones who need it most.

So, what can be done?

Well, State Medicaid Commissioner Carol Herrmann-Steckel, seeing the consequence Congress did not anticipate, said that if an individual did not have a passport or birth certificate, they could still get Medicaid if they swore they were citizens.

That’s all?

Do folks in charge think that someone who broke the law to get here won’t break the law again to get aid if they need it?

So why pass the law anyway?

We wonder.

June 29, 2006

Tax Policies Hurt 99% of Alabamians

Filed under: Uncategorized — Danny @ 12:01 pm

The average middle-income Alabamian has received a tax cut totalling $1,815 per family member from 2001 to 2006, thanks to Bush administration tax policies. But the added share of national debt burden for that family is $8,797 per person. According to today’s news release from Alabama Arise that cites a new report (pdf file) from Citizens for Tax Justice, “That amounts to a net debt of $6,982 per middle-income Alabamian.”

More from the release:

In fact, when both the direct tax cuts and indirect debt hikes are accounted for side by side, only the wealthiest 1 percent of Alabamians see a net gain from the Bush fiscal policies. For this lucky group, a total six-year tax cut averaging $54,132 per person outweighs a debt burden of $35,378.

The other 99 percent of Alabamians receive a total six-year tax break averaging $2,184 per person but also face an added debt burden of $9,393.

“That means that 99 percent of Alabamians are saddled with $4.30 of new debt for every dollar of tax cuts,” said Kimble Forrister of Alabama Arise. “The Bush tax plan treats working families worse than a loan shark.”

So, for every dollar I get back, I get a bill for $4.30? This so I can put money in the pockets of the wealthiest 1% of Alabamians who make, on average, $825,000 per year?

Update: I added a clarification to try to address some misunderstanding expressed on another forum.

Thursday 6/29/2006 DAILY NEWS DIGEST

Filed under: Uncategorized — G @ 6:46 am

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1151572938248960.xml&coll=2 – 13% of state’s high school students expected to drop out before graduation.

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1151572520248960.xml&coll=2 – U.S. House rejects effort to remove requirement for multilingual ballots from Voting Rights Act.

http://www.al.com/business/birminghamnews/index.ssf?/base/business/1151572914248960.xml&coll=2 – Birmingham construction trade group raises concerns over proposed immigration law.

http://www.al.com/opinion/birminghamnews/index.ssf?/base/opinion/1151572774248960.xml&coll=2 – Editorial offers “cautious applause” at state’s improvement in Kids Count ranking.

http://www.al.com/news/mobileregister/index.ssf?/base/news/1151572957248900.xml&coll=3 – Deliberations to continue today in Siegelman case.

http://www.al.com/news/mobileregister/index.ssf?/base/news/1151572877248900.xml&coll=3 – Strange blasts Wallace for Democratic past in GOP lt. governor’s race.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060629/NEWS/606290335/1007/9112002 - Mississippi Choctaw Band deny spending $13 million on ’02 governor’s race.

FROM TODAY’S ANNISTON STAR:

Editorials

Time to settle up

In our opinion

06-29-2006

A quarter of a century has passed since the state of Alabama was sued by two of its universities — Alabama State and Alabama A&M. The historically black colleges claimed that state policies from the era before the Civil Rights Movement left their institutions without programs and facilities equal to those found in historically white institutions. The suit further charged that those same segregationist-era policies resulted in few black students, faculty and administrators in the once all-white schools.

Three trials and some orders from the bench resulted in the state appropriating over $180 million to ASU and A&M to upgrade facilities, offer diversity scholarships and increase the number of high-demand programs.

However, two sticking points remain.

ASU and A&M are still seeking the hiring of more black faculty and administrators at the predominantly white universities, and they want the state to enact a need-based college scholarship program like other states.

The request for more need-based scholarships has merit. Alabama is one of only two states in the Southeast without such a program. If other states can do it, so can we.

The matter of putting more African-Americans in faculty and administrative slots is a bit more complicated. Any administrator at any college — whether predominantly black or white — will tell you that blacks with PhDs (the degree that’s usually required) are hard to find and, with Alabama salaries, harder to hire. The competition is keen, and until the state thinks it is as important to recruit and retain university personnel (black and white) as it is to recruit highly trained employees for our industries, this situation is not likely to change. A judicial order to hire more blacks will be difficult to carry out, no matter how hard we try.

We sincerely hope that ASU and A&M are willing to negotiate a reasonable compromise on the hiring issue and that the state will offer more need-based scholarships as its part of the bargain.

There is a middle ground here, if the two sides will just work to find it.

June 28, 2006

Wednesday 6/28/2006 DAILY NEWS DIGEST

Filed under: Uncategorized — G @ 6:24 am

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1151487409265530.xml&coll=2 – Siegelman jury deadlocked, judge to give more instructions today and urge jury to reach verdict.

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1151487432265530.xml&coll=2 – several laws passed during regular session take effect July 1.

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1151487379265530.xml&coll=2 – Remarks by ADEM director anger environmentalists working for environmental justice.

http://www.al.com/opinion/birminghamnews/index.ssf?/base/opinion/1151486859265530.xml&coll=2 – Editorial praises efforts of Birmingham and Jefferson County  leaders to explore creation of a viable regional transit system.

http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/1151486296265540.xml&coll=1 – New report warns that state’s public schools are facing a “rising tide of low income students.”

http://www.al.com/opinion/huntsvilletimes/index.ssf?/base/opinion/1151486252265540.xml&coll=1 – Editorial thanks sponsors, participants in recent forum on immigration issues.

http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060628/NEWS02/606280368/1009 -  U.S. Senate Indian Affairs Commission releases report that says Mississippi Indian casino leaders invested $13 million in Riley’s 2002 campaign for governor.

http://hosted.ap.org/dynamic/stories/A/AL_VOTING_RIGHTS_ALA_ALOL-?SITE=ALMON&SECTION=HOME&TEMPLATE=DEFAULT – Alabama congressional delegation split in whether to extend Voting Rights Act.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060627/APN/606270779 - Fewer teen deaths, dropouts according to new Kids Count report.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060628/NEWS/606280333/1012/editorial1 - Editorial praises state’s Kids Count improvement, cautions that much left to do.

June 27, 2006

Alabama’s Presidential Candidate?

Filed under: Uncategorized — Danny @ 5:28 pm

Folk are talking about Hugh McInnish’s “Draft Sessions for President” resolution that McInnish plans to introduce to the state GOP meeting next month. My take is that Sessions has almost zero chance of winning a national election, the GOP believes that, and so he would have almost zero chance of getting the nomination. For all these reasons and more, I would even be surprised if such a resolution passed, except perhaps as a courtesy.

If a presidential candidate is from Alabama, Riley is the more likely one. Stepping from the Governor’s mansion to the White House would be one more way he has modelled himself after Reagan. (He even has a bust of Reagan in his office.) A solid win over Baxley in November could demonstrate that he has some crossover appeal, and he would be sure to use Alabama’s fiscal U-turn from deficit to surplus under his watch to demonstrate that he is a problem-solver.

Alabama’s new early primary date would likely help an Alabama candidate jumpstart a campaign. The Democrats’ last three Presidents have been southerners, and a southern Republican candidate might help blunt the appeal of the Democrats’ nominee if they try that route again. He wouldn’t be the youngest candidate in the field (he’s older than W is now), but he would be younger than his model Ronald Reagan was when he was elected (who was the oldest man elected president at 69).

Another scenario if the GOP wins the Lt. Governor’s race is that Sen. Shelby would step down before the end of his term, Riley would appoint himself as successor, and the GOP Lt. Governor (Strange or Wallace) would assume the Governor’s chair. One insider I know really believes that this is a possibility.

If a whisper campaign is suggesting that either of these scenarios could play out (both involving Riley leaving his 2nd term early), then we may have an explanation as to why businesses are pouring so much money into Luther Strange’s campaign for Lt. Governor, a relatively powerless position in Alabama.

More on Troy King & ABA

Filed under: Uncategorized — Danny @ 12:28 pm

Wheeler at Alablawg has interesting follow-up comments on Troy King’s response to the ABA report on Alabama’s death penalty system - particularly on why there was only one prosecutor on the ABA assessment team.

Related:
AG Troy King Responds to the ABA

New Allies for Campaign Reform?

Filed under: Uncategorized — Danny @ 9:38 am

Money in politics is like water: it will seep through any crack or hole it can find. Plug one, and it will work on another. If you believe there is too much money flowing into elections (can you argue otherwise?), that means we must be diligent in plugging the holes that allow huge sums of unregulated/unaccountable money into the system.

Bessie Ford at BusinessAlabama.net has a good article this month on the PAC-to-PAC transfers that hide the sources of huge sums of campaign contributions. The whole article is worthwhile, but she offers this interesting nugget near the end (emphasis added):

PAC operations have found favor in the Legislature. Attempts to outlaw PAC-to-PAC transfers have been voted down repeatedly. A few reform-minded legislators have fought that battle against the odds.

Insiders say those who have backed changes in the PAC-to-PAC operations could receive help from unexpected sources in the future. That may come about, they say, because several veteran legislators are experiencing firsthand the agony of not knowing the sources of their opposition’s financial backing.

May we assume that Gerald Dial would sponsor the legislation if he could?

Tuesday 6/27/2006 DAILY NEWS DIGEST

Filed under: Uncategorized — G @ 6:15 am

http://www.al.com/news/birminghamnews/index.ssf?/base/news/115140011179950.xml&coll=2 – Annual Kids Count report reflect improvement in children’s well-being.

http://www.al.com/news/birminghamnews/index.ssf?/base/news/115140009979950.xml&coll=2 – Assistant AG testifies before Congressional committee, urges that Voting Rights Act requirements be “relaxed.”

http://www.al.com/news/birminghamnews/index.ssf?/base/news/115139979879950.xml&coll=2 – Jury completes eighth day of deliberations in Siegelman trial.

http://www.al.com/news/mobileregister/index.ssf?/base/news/115139985479940.xml&coll=3 – South Alabama counties take first steps toward limited home rule.

http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/115139987179930.xml&coll=1 – Huntsville Human Rights Commission hosts community forum on immigration issues.

http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060627/OPINION01/606270302/1012/OPINION - Editorial comments on Alabama’s standing in new Kids Count report.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060627/NEWS/606270309/1012/editorial1 - Editorial calls for strong enforcement of new child restraint law.

FROM TODAY’S ANNISTON STAR:

Editorials

Mending judicial fences

In our opinion

06-27-2006

Fuller Kimbrell, one of the last survivors of the “Big Jim” Folsom era, has been known to observe that “Alabama politics is a dirty business, if it’s done right.”

Well, in the recent Republican primary contests for seats on the Alabama Supreme Court, it was done right. Associate Justice Tom Parker and his handpicked slate challenged all the GOP incumbents, including Chief Justice Drayton Nabers, whom Parker took on himself.

And now, after being beaten badly, Parker has to return to the bench and patch things up with his colleagues.

He has made a good start, announcing that he will support the Republican candidates in November. He also reportedly called them all to let them know that there were no hard feelings.

Well, maybe not on Parker’s side. Word is that he has a way of separating political attacks from personal ones; however, calling Nabers an abortion-supporting liberal is not going to endear him to the chief justice with whom he must now work.

Besides Nabers, Associate Justice Tom Woodall is said to still be upset that Parker ran one of Parker’s employees against him, and we still recall how Associate Justice Mike Bolin became so outraged with Parker’s politics that he held a news conference to denounce him.

All of this means that there is trouble in the Judicial Building.

So what can Parker do? From our perspective, he can address one of the most telling criticisms leveled against him during the campaign — that he is lazy, that he doesn’t pull his own weight.

With a heavy caseload before the court and another election in the future for some of the justices —including Chief Justice Nabers — Parker needs to step up and do his job.

That, more than anything else, will make his colleagues and the public feel better about him.

Op-Ed Columns

Should we sever link between health insurance and work?

By Ronald Brownstein

06-27-2006

When organized labor’s most inventive union president and the Republican lawmaker in line to chair the powerful House Ways and Means Committee both tout the same revolutionary idea, it might be time to bend an ear.

Andrew Stern, the liberal president of the Service Employees International Union, and conservative Rep. Jim McCrery, R-La., favored to succeed Rep. Bill Thomas, R-Calif., as head of Ways and Means if Republicans keep control of the House, don’t agree on much.

But both believe it’s time to replace the central arch of the American health care system: the link between health insurance and work. Their arguments might represent the opening notes of the first significant domestic debate of the 2008 presidential campaign.

After President Franklin D. Roosevelt imposed wage and price controls, companies could not compete for workers by offering bigger paychecks. Instead, they provided richer benefits, including health insurance. The big unions bargained for health coverage in their contracts with major employers.

Congress cemented the connection between work and health coverage in 1954 by creating a generous tax subsidy for employer-provided coverage. Employers who provide health insurance for their workers can deduct the cost of the premiums as a business expense. But although workers pay taxes on the wages they receive, Congress decided they would not be taxed on the value of the insurance their employers purchased for them.

That subsidy encouraged employers to shift more of a worker’s total compensation from wages to health benefits. Linking health coverage to work also created insurance pools that shared risk between workers who were young and old, healthy and sick.

With all these advantages, the employer-based system grew enormously over the last half-century. Today, more than 174 million workers and their families receive health insurance on the job.

But as the cost of insurance rises, fewer small employers are offering it. And more large employers claim that the rising cost hurts their ability to compete against companies from other countries that spread the cost more broadly through government-provided health care.

With these pressures, the share of Americans who receive coverage at work has fallen in each of the last five years. Most experts project continued declines. Stern sees in these trends the writing on the wall.

“We have to recognize that employer-based health care is ending; it is dying before our very eyes,” he said at a recent forum sponsored by the Brookings Institution think tank.

Stern he flagged the obvious two options: a government-run, single-payer health care regime versus a system that would require individuals to purchase insurance with subsidies from government and, perhaps, mandated contributions from employers. McCrery, not surprisingly, prefers the latter option, minus the employer mandate.

In an essay published this month in the new journal Democracy, Jason Furman, a visiting scholar at New York University and former economic policy aide to President Clinton, said that tax policy would be the key to any shift away from the employer-based health care system.

The existing tax subsidy for insurance, Furman said, perversely benefits upper-income workers more than lower-income ones. The reason is that under the progressive income tax, the affluent pay higher tax rates on their income. So it would cost them more than low-income workers if government taxed the value of employer-provided insurance.

Furman says that if government eliminated the current tax subsidy for employer-provided coverage (which costs Washington, D.C., about $200 billion a year), the savings could fund a tax credit that helped all Americans purchase basic health insurance. That structure, he said, would provide the biggest subsidy to the least affluent.

A first step, he said, might be to limit the amount of insurance employers could provide tax free and to use the savings to fund coverage for some of the nearly 46 million uninsured.

Any system that affects as many people as employer-based health coverage won’t be changed quickly, nor should it be. “We have to work incrementally toward getting to a point where we can slowly shift insurance from the workplace,” McCrery said.

Likewise, most big business executives aren’t clamoring to jettison their role.

“We’re not giving up on this system and saying it needs to be thrown out,” said John J. Castellani, president of the Business Roundtable, which represents the nation’s largest companies. “We think it can be improved from both a cost and quality standpoint, and that’s what we are focusing on.”

The critics haven’t assembled an irrefutable case against the employer-based system; refurbishing it might well make more sense than dismantling it. Any replacement system would need to guarantee affordability and preserve the sharing of risk.

But the tough, thoughtful questions from voices such as Stern, McCrery and Furman are an encouraging sign that the nation finally might be ready to re-examine a health care system that costs too much and covers too few.

Ronald Brownstein is a national political correspondent for The Los Angeles Times.

June 26, 2006

AG Troy King Responds to ABA

Filed under: Uncategorized — Danny @ 12:07 pm

Attorney General Troy King responded in an Op-Ed piece in the Tuscaloosa News to the American Bar Association’s report that said, “Alabama should put a moratorium on the death penalty because the state’s system is riddled with problems.”

The ABA has established 79 standards by which a state’s system can be evaluated, and Alabama passed four of them. King had previously said that “the ABA is a liberal, activist organization with an agenda they constantly push.” I wrote here that I wished he would respond more appropriately with particular objections, and I was glad to see that he did.

Or I should say I was pleased by the effort and disappointed in the result. Let’s jump in and I’ll show you why.

King wrote:

The ABA team produced some conclusions and made some statements that are simply wrong. For example, the ABA claims that some Alabama death row inmates, following their convictions, are not represented in post-conviction proceedings.

Well, he’s the Attorney General, I guess he would know. Except on the very same day, Wheeler wrote at Alablawg (his “Commentary on Alabama Law and Society”) about his client “convicted of two counts of capital murder” (emphasis added):

[I will have light blogging] Monday, Tuesday and Wednesday because I have a habeas petition to finish.

Not a good one, either. Because Alabama does not appoint counsel for post conviction proceedings, the client filed it on his own. That means he omitted several important claims, thereby preventing the federal habeas court from considering them.

So on the same day that our Attorney General says the ABA falsely claimed that some Alabama death row inmates are not represented in post-conviction proceedings, Wheeler tells us he has a client who is not represented in post-conviction proceedings. Can hardly be more clear than that. Something’s broken there.

Troy King:

The ABA complains that there is no state law against executing the mentally retarded, implying that Alabama may indeed be executing the mentally retarded. Alabama is not executing the mentally retarded.

There are a couple of things wrong here. First, the ABA did not say that “Alabama may indeed by executing the mentally retarded.” The ABA said there is no state law against it. King cannot argue there is a state law. Instead, he is arguing against something they did not say.

Second, there are definitely claims that Alabama has executed mentally retarded persons. For example, the Birmingham Post-Herald in 2001 reported claims (scroll down to “Fourth of five parts”) that four mentally retarded Alabamians have been executed by the state. In addition, Glenn Holladay (IQ of 69) was granted a stay of execution in May 2003 by the U.S. Supreme Court.

Troy King (with my emphasis added):

The ABA study implies that Alabama may be executing people who are deprived of DNA testing that, if available, would prove their innocence. As a matter of policy, my office never opposes a post conviction request for DNA testing if it was not available at the time of the trial, and if the request is supported by a reasonable assumption that the test would prove conclusively that the defendant is factually innocent.

Does that sound objective to you? If I am on Death Row, I have to get the AG’s office, not exactly my advocate, to reasonably assume the test will prove me innocent before they give me the test? Can they point to anyone that has met these criteria?

And why not, as a matter of policy, honor post conviction requests for DNA testing if it was not available at the time of the trial? Period. Is the expense, delay, or inconvenience more important than the matter of life and death?

I simply wonder what it would take for someone on Death Row to meet that bar, to provide for someone like Troy King evidence that a DNA test would prove conclusively that the defendant is factually innocent.

But he saves the oddest bit for last (my emphasis added):

Studies such as the one produced by the ABA reinforce my deep concern with liberal agendas that refuse to focus on anything other than the rights of criminals. All the studies and social programs known to man will not stop a killer from killing. When a killer chooses to kill - even knowing that he will pay with his life - it is proof positive that the liberal prevention program approach will not work.

Two really noteworthy things here.

  1. “All the studies and social programs known to man will not stop a killer from killing?” Where does that come from? Who’s saying it will? “It is proof positive that the liberal prevention program approach will not work?” Huh? Is the idea that if he says “liberal” enough times and fast enough, then that will be sufficient to wrap up his piece for his core supporters? The ABA is not talking about a “prevention program approach” that will “stop a killer from killing.” What is he talking about? Seriously. Somebody help me. Again, he is arguing against something they did not say.

  2. That sentence is key though for another reason.

    When a killer chooses to kill - even knowing that he will pay with his life - it is proof positive that the liberal prevention program approach will not work.

    Well, actually, when a killer chooses to kill even knowing that he will pay with his life, it’s proof positive that capital punishment is no deterrent for him. He repudiates one of the strongest arguments for the death penalty when he says that a killer chooses to kill even knowing that he will pay with his life.

A disappointing response.

More on DoE Report of Kids in Poverty

Filed under: Uncategorized — Danny @ 7:36 am

Our faithful contributor G, always on top of his game, sent me email about the recent report from the state Department of Education that said “51.6 percent of all Alabama K-12 students are now classified as living in poverty” and that I mentioned here Saturday. He wanted to point out that the Department of Education uses different criteria for establishing poverty than what the Census Bureau uses - which is why the DOE reports poverty rates much higher than what the Census Bureau reports. The Dept. of Education counts children who are eligible for free or reduced lunches as being in poverty, and G adds that the DOE count “probably is a more accurate reflection of ‘poor’ kids.”

Monday 6/26/2006 DAILY NEWS DIGEST

Filed under: Uncategorized — G @ 6:15 am

http://www.al.com/news/birminghamnews/index.ssf?/base/news/115131365867570.xml&coll=2 – Alabama ranks second in southeastern U. S. in automobile miles driven per capita.

http://www.al.com/news/mobileregister/index.ssf?/base/news/115131342067560.xml&coll=3 – “The Political Skinny,” The Mobile Press-Register’s weekly roundup from Mobile, Montgomery and Washington.

http://www.al.com/opinion/huntsvilletimes/index.ssf?/base/opinion/115131334467690.xml&coll=1 – Editorial calls for House of Representatives to extend U.S. Voting Rights Act.

FROM TODAY’S ANNISTON STAR:

Editorials

Red State revenge

In our opinion

06-26-2006

It seemed such a simple matter. Renew the Voting Rights Act, that landmark piece of Civil Rights Era legislation that a bipartisan coalition passed in 1965 despite objections from Southern members of Congress who maintained that black voters down here weren’t really discriminated against, they just weren’t qualified to vote or weren’t interested enough to pay their poll tax or … you get the idea.

The House leadership of both parties was for renewal of the act. The Judiciary Committee voted 33-1 to send it to the floor. The Senate leadership was also for it and was waiting for the House to act so they could pass it along to the president.

It was an election-year slam-dunk. Everyone would look good.

Then something happened.

The Republicans, the majority party, met in closed caucus and after what has been described as an “intense” discussion, House GOP leaders announced that the vote on renewal had been postponed — indefinitely.

Why? Because, as Rep. Lynn Westmoreland, R-Ga., explained it: “The speaker’s had a standing rule that nothing would be voted on unless there’s a majority of the majority. It was pretty clear at the meeting that the majority of the majority wasn’t there.”

What had happened was that a group of representatives from the South protested that, under the renewal, their states would still be required to have voting rule changes “pre-cleared” by the Justice Department despite the improvements made since the act was originally passed.

They were joined by other Republicans who wanted to remove from the act the provision that requires ballots to be printed in languages other than English in states and counties where there are large numbers of non-English speakers.

Whatever the merits of the arguments for changes in the act, the bottom line is that a group of Red State Republicans, representing the heartland the GOP has captured and hopes to hold, have undermined their party’s hope to attract black and Hispanic voters in the upcoming election.

In recent years, Republican regulars have gone out of their way to give these hard-core Red Staters what they wanted.

And this is the thanks they get.

June 25, 2006

Sunday 6/25/2006 DAILY NEWS DIGEST

Filed under: Uncategorized — G @ 7:14 am

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1151227462107380.xml&coll=2 – Amari receives endorsement from former opponent in PSC runoff race.

http://www.al.com/opinion/birminghamnews/index.ssf?/base/opinion/1151227532107380.xml&coll=2 – Commentary reviews history of US utilizing cheap immigrant labor to build strong economy, urges leaders to create a path to citizenship for those who have labored to build country.

http://www.al.com/opinion/birminghamnews/index.ssf?/base/opinion/1151227013107380.xml&coll=2 – Rep. Artur Davis defends efforts to extend Voting Rights Act.

http://www.decaturdaily.com/decaturdaily/opinion/editorials/060625a.shtml - Editorial calls for debate on why Alabama’s growth lags that of the nation in mid-decade census data.

http://www.gadsdentimes.com/apps/pbcs.dll/article?AID=/20060625/NEWS/606250325/1137/NEWS - Article profiles former Auburn professor Wayne Flynt.

http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060625/NEWS/606250323/1001 - Legal observers speculate on outcome of Siegelman trial.

http://www.montgomeryadvertiser.com/apps/pbcs.dll/article?AID=/20060625/NEWS02/606250312/1009 - Federal judge refuses to dismiss case over community based services for disabled.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060625/NEWS/606250356/1012/editorial1 - Editorial once again calls for ban on PAC-to-PAC transfers in light of recent congressional reports outlining transfer of casino contributions to fight lottery in Alabama.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060625/NEWS/606250361/1013/EDITORIAL2 - Commentary by AG Troy King criticizes recent ABA report calling for death penalty moratorium.

http://www.tuscaloosanews.com/apps/pbcs.dll/article?AID=/20060625/NEWS/606250358/1013/EDITORIAL2 - “Alabama Exposure” Dana Beyerle’s weekly political roundup for the NYTimes regional papers.

FROM TODAY’S ANNISTON STAR:

State & Region News

Primary revealed power of PAC

By Brian Lyman
Star Capitol Correspondent

06-25-2006


MONTGOMERY – Neither political race appeared competitive at first.

The incumbents were powerful members of the state Senate, sitting on well-stocked re-election accounts.

The opponents in their respective primaries had filed at the last minute. Neither had done any fund raising. One was a convicted felon.

But by the morning of June 7, Randolph County Circuit Court Clerk Kim Benefield had defeated six-term incumbent Gerald Dial 53 to 46 percent in the Senate District 13 Democratic primary. In Senate District 11, Sen. Jim Preuitt had to spend $376,000 to defeat former Talladega mayor Larry Barton, who was convicted of embezzlement in 1994.

Both challengers were aided by two political action committees (or PACs) that received the lion’s share of their funding from four powerful Democratic state senators whom Dial and Preuitt clashed with in the spring legislative session. The PACs gave hundreds of thousands of dollars to Benefield and Barton in “in-kind” contributions, dwarfing their fund raising by margins of more than 20-1.

The process the senators used to move the money is called a PAC-to-PAC transfer, and critics say it conceals political donors from public scrutiny, thereby making a mockery of transparency requirements in campaign-finance laws.

“A politician can receive money indirectly from an unpopular organization and not have to answer for it to the voters,” said David Lanoue, chairman of the political science department at the University of Alabama. “A Republican could indirectly get money from the AEA (Alabama Education Association), or a Democrat could indirectly get money from a business interest, without alienating his or her core constituency.”

The PACs helped pay for fliers and radio and television advertisements that attacked the incumbents throughout the month of May. The races were nasty from the word go, with both sides accusing the other of being held captive by special interests.

“I don’t think I’ve ever seen a primary campaign season in which the ads were as dirty and there were so many dirty tricks played,” said Gary Palmer, president of the Alabama Policy Institute.

Preuitt could run photos of Barton being led away in chains on television to gain an edge in the race. But Dial, who accused Benefield of accepting money from trial lawyers, could not prove his charges — or trace the source of her campaign’s funding.

“All it does is, it hides money for those who want to maintain control of it,” he said.

While Benefield raised about $18,000 for her campaign, Senate Majority PAC made more than $270,000 in contributions for her campaign. Real Democrat PAC, itself funded heavily by Senate Majority PAC, spent $206,000 on behalf of Barton’s campaign.

Records at the Alabama Secretary of State’s office and campaign-finance filings by the PACs show they were funded by Senate President Pro Tem Lowell Barron, D-Fyffe; Senate Finance and Taxation Education committee chairman Hank Sanders, D-Selma; Senate Majority Leader Zeb Little, D-Cullman, and Senate Finance and Taxation General Fund chairman Roger Bedford, D-Russellville.

Who contributed to their campaigns — and, indirectly, to Benefield and Barton’s — is anyone’s guess. By moving money between different political action committees, Alabama politicians don’t have to disclose the source of contributions, making it difficult for ordinary citizens to determine who bankrolls a particular campaign.

Barron, Bedford, Little and Sanders moved a total $585,000 into Senate Majority PAC in April and May. The PAC made in-kind contributions — purchases on behalf of a candidate’s campaign — for Benefield and Democratic Senate candidate Joe Sawyer, a challenger to State Senator Jimmy Holley, D-Elba, who also had clashed with the Senate’s Democratic leadership.

Senate Majority PAC also transferred $233,000 to Real Democrat PAC, which provided Barton with his in-kind contributions.

Little’s campaign contributed $180,000 to Senate Majority PAC, but Little says he did not keep track of how the money would be spent.

“My primary goal is on getting re-elected,” he said. “And I do believe that the Democratic senators ought to organize together.”

Little faces electronics executive Harold Sachs in the November general election, but did not face a primary opponent this spring.

Barron and Sanders did not return messages seeking comment, nor did Steve Raby, the treasurer of Senate Majority PAC. Bedford could not be reached. Dial accused Barron of funding Benefield during the primary campaign, and while Barron denied ties to Benefield’s campaign, he did not hide his hope that Dial would lose.

Benefield on Friday offered a brief, written statement, saying “PAC to PAC transfers is a legislative issue. I will study that issue when I am serving the people of the 13th district as Senator and I will vote in the way that is best for them.”

Before she faxed her statement, Benefield referred questions to consultant Del Averett, who said he could not discuss Senate Majority PAC because Benefield had not authorized him.

While the four senators contributed much of Senate Majority PAC’s money, the source of their money, at least after Jan. 31, is unknown. None of the four faced primary opposition, and Ed Packard of the Elections Division in the Secretary of State’s office says the Attorney General’s office has ruled that candidates who do not face primary opposition do not have to file campaign-finance reports for the primary season.

The question of whether they have to report campaign spending is still open, he said. “Other activity, I think that’s part of the question,” he said.

Messages left at the Attorney General’s office were not returned.

Barron, Bedford, Little and Sanders have not filed any campaign finance reports since Jan. 31. Records from Senate Majority PAC show that in April and May, Sanders contributed $230,000 to Senate Majority PAC; Little $180,000; Bedford $100,000, and Barron $75,000.

Dial and Preuitt weren’t David fighting Goliath. Both campaigns were flush with cash – Dial reported $193,000 on hand in January, Preuitt $301,000 – and both raised and spent heroic sums of money defending their seats. In May alone, Dial spent $445,000, while Preuitt spent close to $376,000.

In addition, both men had engaged in PAC-to-PAC transfers in previous years, according to their campaign filings.

While Dial’s willingness to support Gov. Bob Riley might have made him more popular in a district that went overwhelmingly to the governor in 2002, it did not endear him to leading Democrats in the Senate or among Democratic primary voters.

In addition, Little blames Preuitt for blocking legislation in 2005 that would have banned PAC-to-PAC transfers. Preuitt, currently chairman of the Senate’s Rules Committee — which decides what legislation will come to a vote on the floor — said he would revisit the issue, if re-elected.

“I would think I would look at more favorably than I have in the past,” he said. “It’s something that certainly needs strong consideration.”

Legislation that would have banned PAC-to-PAC transfers was endorsed by Riley and made it through the House this year, but did not go anywhere in the Senate.

“These bills will go as far as public outcry carries them,” Lanoue said. “I don’t sense there’s that widespread anger over that widespread practice. I would suspect most Alabamians aren’t familiar with it.”

While most politicians say they would support a ban, the Alabama Policy Institute’s Palmer says it’s easy for them to say that because bans rarely get anywhere in the state’s upper chamber.

“It’s hard to say who’s really sincere about it, because everyone who knows anything about what goes on in Montgomery knows it’s dead in the Senate,” he said. “So it’s a free ticket for whatever you want, because there’s very little chance that they’re going to have to back up their words.”

Despite his use of PAC-to-PAC transfers this year, Little says he supports a ban.

“When money is washed from PAC to PAC to PAC, you can’t tell who is supporting a candidate,” he said. “That’s why it needs to be changed. People need to know who is supporting a particular candidate.”


PAC-to-PAC transfers allow politicians and special-interest groups to funnel money between political action committees (PACs), which usually do most of the fund raising in political campaigns. Here’s how transfers worked in the Democratic primaries in Senate Districts 11 (Larry Barton vs. Jim Preuitt) and 13 (Kim Benefield vs. Gerald Dial).

1. Sens. Lowell Barron, D-Fyffe; Roger Bedford, D-Russellville; Zeb Little, D-Cullman, and Hank Sanders, D-Selma move $585,000 from their own campaigns to an organization called Senate Majority PAC in April and May. Those contributions are the bulk of the PAC’s $790,000 raised in that time.

2. Senate Majority PAC makes $270,000 in “in-kind” contributions to Benefield’s campaign between April 25 and May 23. In-kind contributions are purchases made on behalf of a candidate by an outside organization, like a PAC. These can include anything from advertising to office supplies. On her own, Benefield raises $10,000 that month, and spends $13,283.21 (using $7,500 raised in mid-April).

3. While making purchases on behalf of Benefield, Senate Majority PAC transfers $233,855 to Real Democrat PAC between April 25 and May 30. Those transfers make up the majority of Real Democrat’s $305,885 in funds.

4. Real Democrat PAC makes $206,911 in “in-kind” contributions to Barton, who on his own raises $15,100 over that time, and spends $12,322.11.

5. Benefield wins the June 6 primary over Dial; Preuitt defeats Barton.

6. While most of Senate Majority PAC’s money comes from the Barron, Bedford, Little and Sanders campaigns, none of the four were required to file campaign finance reports because they did not face primary opposition. None of the campaigns have filed campaign-finance reports since January, and the extent of their funding — and the identity of their donors — is unknown.

Source: Secretary of State’s office

Op-Ed Columns

The sky didn’t fall in Alabama after all

By Dick Armey

06-25-2006

Special to The Star

Turns out the sky didn’t fall after all. Remember the 2003 debate over Amendment 1, the state constitutional referendum that would have created the largest tax increase in Alabama’s history? The talking heads and professional alarmists had a field day, earnestly and ominously predicting that prisoners would be let loose and high school football would lose its funding.

But Alabama’s taxpayers knew better than to buy the scare tactics, defeating Gov. Bob Riley’s $1.2 billion tax hike by a 2-to-1 margin.

And, the predictions that the sky would fall if Amendment 1 failed were not even close. Three years after voters rejected higher taxes, the state is rolling in a $700 million budget surplus. Prisoners are not roaming the streets, high schools still play football on Friday night, and no one kicked grandma out of the nursing home. Turns out the taxpayers called the liberal bluff that massive tax hikes were needed to avoid budget shortages.

So what happened? After years of legislative mismanagement and spiraling spending, Alabama faced a $675 million budget deficit in 2003. But when the voters refused to let Riley pass the buck onto Alabama taxpayers, the governor had no choice but to buckle down, prioritize and reduce nonessential spending.

Working closely with the Legislature, he cut out a half-billion dollars in line-item spending and $40 million of pork from the budget. They also shrunk the size of the state bureaucracy by reducing the number of state employees and vehicles. It wasn’t easy, as there was tremendous political pressure from big government interest groups, but they got the job done.

But that’s not the entire story. Though the tax rates remained the same, tax revenues actually increased over the last three years. As the economy grew, over 1,200 industries, 50,000 jobs and 100,000 new residents moved into the state. With more people and businesses paying taxes, overall revenues increased. Keeping taxes low makes Alabama more attractive for business and investment.

Alabama is just one of several states that balanced their budgets through economic growth and fiscal restraint instead of suffocating tax hikes. Massachusetts Gov. Mitt Romney recently closed a $3 billion budget deficit without raising any taxes. In Mississippi, Gov. Haley Barbour eliminated a $700 million shortfall without raising taxes, despite being hit by multiple hurricanes. State governments became relatively leaner while taxpayers avoided the short end of the stick.

More important, holding the line against higher taxes in the lean years after 9/11 resulted in quicker and stronger recovery today. It’s a win-win approach.

Riley finally seems to understand today what the voters already knew in 2003. Better late than never. His latest $60 million tax relief package, unanimously approved by the House and Senate, was a step in the right direction. But that’s not enough. It is not even one-tenth of the surplus economic growth has brought the government coffers.

Pro-growth tax relief will help continue Alabama’s virtuous cycle of lower taxes, more economic growth and a more efficient government. Research consistently shows that when it comes to taxes, businesses and residents vote with their feet; and if given the incentives, they will most certainly vote for Alabama, bringing jobs for the people and revenue for the state.

But this lesson is lost on many pundits who insist on frittering away the surplus on more government programs. It’s easy to spend when the money is there; but when times are tough, will the Alabama politicians have the courage to cut spending once again?

Increasing funding for bureaucratic programs would put Alabama back on the vicious tax-and-spend cycle that it took so long to break. That’s exactly what’s happening in New Jersey. Although it has some of the highest state taxes in America, it sits in $4.5 billion of red ink due to the endless tax-and-spend cycle: Every revenue increase is met with more spending, while every budget deficit results in another tax hike.

Thankfully, in 2003, Alabama voters saved the state from a New Jersey-like spiral by putting the brakes on crushing taxes. In 2006, it was only fitting that Riley and the Legislature thanked hard-working Alabama citizens by returning some of their surplus tax dollars.

Dick Armey is former majority leader of the U.S. House of Representatives and current chairman of FreedomWorks.

June 24, 2006

Majority of State Children in Poverty

Filed under: Uncategorized — Danny @ 9:59 am

Today’s Birmingham News (emphasis added):

51.6 percent of all Alabama K-12 students are now classified as living in poverty - an increase of almost 1 percent from 2003-04. More troubling, the increase follows a decade-long trend of growing poverty.

51.6% of our state’s children live in poverty? And it has only gotten worse for a decade? God have mercy on us.

Death Penalty - “Questions of fairness and reliability”

Filed under: Uncategorized — Danny @ 9:09 am

Catching up on recent and not un-important news…

Ready for this?

Although Alabama has half the population of Georgia, it sentences four times as many people to death.

That’s pretty staggering. Per capita, Alabama has 8 times as many people sentenced to death as Georgia does?

Some Alabamians, no, most Alabamians want to take a break in sentencing people to death, to make sure Alabama is getting it right.

Most Alabamians support the death penalty, but a majority of Alabamanians would choose to “suspend it until questions of fairness and reliability are studied,” according to a poll last year.

Get this… 147 municipalities in the nation have called for a death penalty moratorium; forty of them are in Alabama alone, from Birmingham and Bessemer on down to Emelle.

The American Bar Association made news with its study released last week “that members said shows Alabama’s system is unfair and inaccurate.”

One lawyer on the assessment team explained to me that the ABA sought to establish objective criteria that didn’t depend on how liberal or conservative the members of the state’s assessment team were. I said, “So if you are counting the number of peas on a plate, it doesn’t matter if you are a liberal or a conservative?” Right, he said. It is what it is.

You can see the Compliance Charts (Word doc) used to report the findings at the ABA site, and quickly get a sense that the state is measured against some pretty straightforward criteria.

Indeed, The Birmingham News said:

The ABA has developed 79 standards for measuring the way a state carries out the death penalty. Alabama - the second state to undergo the ABA review - fully complied with only four. It partly complied with 14 others, and wholly failed on 37 of the remaining standards.

Among the problems cited:

The state doesn’t provide adequate or consistent legal defense for those charged with capital crimes, either at the trial level or during appeals.

The state doesn’t have a process for making sure the death penalty is used uniformly for similar crimes.

The state doesn’t have a law to address people who were convicted of capital crimes before DNA testing was developed for blood, semen and other biological evidence.

Even when Alabama juries recommend a defendant receive life in prison with no chance for parole, elected judges can impose a sentence of death.

The Attorney General, who is responsible for defending state statutes and enforcing state law except when he decides not to, has come under fire for his unwillingness to consider the evidence.

For example, The Birmingham News:

Witness Attorney General Troy King’s response to the Bar Association’s findings. “The ABA is a liberal, activist organization with an agenda they constantly push,” King said.

That’s a cheap insult to the bright Alabama legal minds that invested their time in this review.

Notice King didn’t argue Alabama runs a flawless death penalty operation. That’s because he can’t. The system is frighteningly flawed.

Or The Decatur Daily:

The ABA study (www.abanet.org/moratorium) deserves serious consideration by state officials — not politicking. That’s why Alabama Attorney General Troy King’s reaction is disappointing.


Troy King said
, “Nobody can point to an innocent person in Alabama who has been executed,” which strikes me as a pretty inadequate response. One, people have been released from Alabama’s Death Row. Two, after an execution, efforts to determine innocence of the executed tend to drop off pretty dramatically. And three, King may be right. A careless driver might rightly say “Nobody can point to a single accident I’ve had,” but he is still a careless driver who is more likely to have an accident than those who operate with care.

My take is that the ABA has tried to be even-handed on a matter of life and death. If someone like Troy King wants to take exception to their conclusions, then the classy and appropriate response is to explain your particular objection to their methodology & criteria, rather than to resort to name-calling. The ABA is not some fly-by-night outfit that sprang up for the purpose of promoting an agenda. Their careful study (taking 20 months in Alabama) deserves careful consideration and response.

Editorials from papers like The Decatur Daily, Tuscaloosa News (and another one here), and The Birmingham News agree. For the sake of human life, we owe it to ourselves to be our best on this.

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