Category Archives: Race and race relations

Dave Brat’s Bizarre Statements

 By Peter Galuszka

Almost a year ago, Dave Brat, an obscure economics professor at Randolph- Macon College, made national headlines when he defeated Eric Cantor, the powerful House Majority Leader, in the 7th District Brat Republican primary.

Brat’s victory was regarded as a sensation since it showed how the GOP was splintered between Main Street traditionalists such as Cantor and radically conservative, Tea Party favorites such as Brat. His ascendance has fueled the polarization that has seized national politics and prevented much from being accomplished in Congress.

So, nearly a year later, what has Brat actually done? From reading headlines, not much, except for making a number of bizarre and often false statements.
A few examples:

  • When the House Education and Workforce Committee was working on reauthorizing a law that spends about $14 billion to teach low-income students, Brat said such funding may not be necessary because: “Socrates trained Plato in on a rock and the Plato trained Aristotle roughly speaking on a rock. So, huge funding is not necessary to achieve the greatest minds and the greatest intellects in history.”
  • Brat says that the Affordable Care Act (Obamacare) is a step towards making the country be more like North Korea. He compares North and South Korea this way:  “. . . it’s the same culture, it’s the same people, look at a map at night, half the, one of the countries is not lit, there’s no lights, and the bottom free-market country, all Koreans is lit up. See you make your bet on which country you want to be, right? You want to go to the free market.” One problem with his argument:  Free market South Korea has had a single payer, government-subsidized health care system for 40 years. The conservative blog, BearingDrift, called him out on that one.
  • Politifact, the journalism group that tests the veracity of politicians’ statements, has been very busy with Brat. They have rated as “false” or “mostly false” such statements that repealing Obamacare would save the nation more than $3 trillion and that President Obama has issued 468,500 pages of regulations in the Federal Register. In the former case, Brat’s team used an old government report that estimated mandatory federal spending provisions for the ACA. In the latter case, Politifact found that there were actually more pages issued than Brat said, but they were not all regulations. They included notices about agency meetings and public comment periods. What’s more, during a comparable period under former President George W. Bush, the Federal Register had 465,948 pages, Politifact found. There were some cases, however, where Politifact verified what Brat said.
  • Last fall, after Obama issued an executive order that would protect up to five million undocumented aliens from arrest and deportation, Brat vowed that “not one thin dime” of public money should go to support Obama’s plan. He vowed to defund U.S. Citizen and Immigration Services but then was told he couldn’t do so because the agency was self-funded by fees from immigration applications. He then said he would examine how it spent its money.

The odd thing about Brat is that he has a doctorate in economics and has been a professor. Why is he making such bizarre, misleading and downright false statements?

Beware Stalling Growth in Northern Virginia

northern virginia mapBy Peter Galuszka

For at least a half a century, Fairfax County, Alexandria and Arlington County have been a growth engine that that has reshaped how things are in the Greater Washington area as well as the Old Dominion.

But now, apparently for the first time ever, these Northern Virginia localities have stopped growing, according to an intriguing article in The Washington Post.

In 2013, the county saw 4,673 arrivals but in 2014 saw 7,518 departures. For the same time period, Alexandria saw 493 arrivals and then 887 departures. Arlington County showed 2,004 arrivals in 2013 followed by 1,520 departures last year.

The chief reason appears to be sequestration and the reduction of federal spending. According to a George Mason University study, federal spending in the area was $11 billion less  last year than in 2010. From 2013 to 2014, the area lost 10,800 federal jobs and more private sectors ones that worked on government contracts. Many of the cuts are in defense which is being squeezed after the wars in Afghanistan and Iraq.

The most dramatic cuts appear to be in Fairfax which saw a huge burst of growth in 1970 when it had 450,000 people but has been slowing for the most part ever since. It still grew to 1.14 million people, but the negative growth last year is a vitally important trend.

Another reason for the drop offs is that residents are tired of the high cost and transit frustrations that living in Northern Virginia brings.

To be sure, Loudoun County still grew from 2013 to 2014, but the growth slowed last year from 8,904 newcomers in 2013 to 8,021 last year.

My takeaways are these:

  • The slowing growth in NOVA will likely put the brakes on Virginia’s move from being a “red” to a “blue” state. In 2010, Fairfax had become more diverse and older, with the county’s racial and ethnic minority population growing by 43 percent. This has been part of the reason why Virginia went for Barack Obama in the last two elections and has Democrats in the U.S. Senate and as governor. Will this trend change?
  • Economically, this is bad news for the rest of Virginia since NOVA is the economic engine for the state and pumps in plenty of tax revenues that end up being used in other regions. Usually, when people talk about Virginia out-migration, they mean people moving from the declining furniture and tobacco areas of Southside or the southwestern coalfields.
  • A shift in land use patterns and development is inevitable. The continued strong growth of an outer county like Loudoun suggests that suburban and exurban land use patterns, many of them wasteful, will continue there. The danger is that inner localities such as Fairfax, Arlington and Alexandria, will be stuck with more lower-income residents and deteriorating neighborhoods. The result will be that localities won’t have as much tax money to pay for better roads, schools and other services.
  • Virginia Republicans pay lip service to the evils of government spending and have championed sequestration. Well, look what a fine mess they have gotten us into.

The rest of the Washington area is seeing slowing growth, but appears to be better off. The District’s in-migration was cut in half from 2013 to 2014 but it is still on the plus side. Ditto Montgomery and Prince George’s Counties.

NOVA has benefited enormously from both federal spending and the rise of telecommunications and Web-based businesses. It is uncertain where federal spending might go and maybe increased private sector investment could mitigate the decline. Another bad sign came in 2012 when ExxonMobil announced it was moving its headquarters from Fairfax to Houston.

In any event, this is very bad news for NOVA.

Amateur Hour at the General Assembly

virginia_state_capitol502By Peter Galuszka

If you are an ordinary Virginian with deep concerns about how the General Assembly passes laws that impact you greatly, you are pretty much out of luck.

That’s the conclusion of a study by Transparency Virginia, an informal coalition of non-profit public interest groups in a report released this week. Their findings  came after members studied how the 2015 General Assembly operated.

Among their points:

  • Notice of committee hearings was so short in some instances that public participation was nearly impossible.
  • Scores of bills were never given hearings.
  • In the House of Delegates, committees and subcommittees did not bother to record votes on 76 percent of the bills they killed.

“Despite a House rule that all bills shall be considered, not all are. Despite a Senate rule that recorded votes are required, not all are,” states the 21-page report, whose main author is Megan Rhyne, executive director of the Virginia Coalition for Open Government. Transparency Virginia is made up of 30 groups, including the American Civil Liberties Union, NARAL Pro-Choice Virginia, the the Virginia Education Association and the League of Women Voters in Virginia.

The scathing report underscores just how amateurish the General Assembly can be. It only meets for only 45 days in odd-numbered years and 60 days in even-numbered years. The pay is pin money. Delegates make only $17,640 a year and senators earn $18,000 annually.

It is not surprising then that a part-time group of 100 delegates and 40 senators can’t seem to handle their 101 committees and subcommittees that determine whether the consideration of thousands bills proceeds fairly and efficiently.

“A Senate committee chair did not take comment on any bills on the agenda except for the testimony from the guests of two senators who were presenting bills,” the report states. In other cases, legislators were criticized by colleagues for having too many witnesses. Some cut off ongoing debate by motioning to table bills. Bills were “left in committee” never to be considered.

The Virginia Freedom of Information Act requires that open public meetings be announced three working days in advance. A General Assembly session is considered one, long open session. But the FOIA is often subverted by sly legislators who manipulate the agendas of committees or subcommittees or general sessions.

Agendas of the General Assembly are not covered by the FOIA because there is too much work to cram in 45 or 60 days. In the case of local and state governments, similar meetings are, presumably because they meet more regularly. House and Senate rules do not stipulate how much notice needs to be given before a committee or subcommittee session. So, crucial meetings that could kill a bill are sometimes announced suddenly.

The setup favors professional lobbyists who stand guard in the Capitol ready to swoop in to give testimony and peddle influence, alerted by such tools as “Lobbyist-in-a-Box” that tracks the status of bills as they proceed through the legislature. When something important is up, their beepers go off while non-lobbyist citizens with serious interests in bills may be hours away by car.

The report states: “While most of Virginia’s lobbyists and advocates are never more than a few minutes from the statehouse halls, citizens and groups without an advocacy presence may need to travel long distances.” Some may need to reschedule work or family obligations, yet they may get only two hours’ notice of an important meeting. That’s not enough time if they live more than a two-hour drive from Richmond.

The report didn’t address ethics, but this system it portrays obviously favors lobbyists who benefit from Virginia’s historically light-touch approach when it comes to limited gifts. That issue will be addressed today when the General Assembly meets to consider Gov. Terry McAuliffe’s insistence that a new ethics bill address the problem of allowing consecutive gifts of less than $100 to delegates or senators.

The only long-term solution is for Virginia to consider creating a legislature that works for longer periods, is better paid, more professional and must adhere to tighter rules on bill passage. True, some 24 states have a system somewhat like Virginia and only New York, Pennsylvania and California have truly professional legislatures.

The current system was created back in Virginia was more rural and less sophisticated. But it has grown tremendously in population and importance. It’s a travesty that Virginia is stuck with amateur hour when it comes to considering legislation crucial to its citizens’ well-being.

NRDC Says Clean Power Plan Benefits Virginia

coal plant burnsBy Peter Galuszka

In a sweeping contradiction of the positions of Dominion Virginia Power and assorted politicians and regulators, the Natural  Resources Defense Council has issued a report saying that Virginia will benefit by following a proposed federal plan to cut carbon dioxide.

The U.S. Environmental Protection Administration has put forth a proposed plan for comment that would cut carbon dioxide pollution intensity — measured in pounds per megawatt hour of electricity– in the state by 38 percent by 2030.

The draft plan brought on protests from Dominion, the State Corporation Commission, Gov. Terry McAuliffe, The Virginia Department of Environmental Quality and many legislators who say compliance with the plan would cost ratepayers an extra $5 billion to $6 billion in rate hikes and force the closure of some coal-fired plants.

The situation was considered so dire that Dominion convinced the General Assembly to pass a bill letting it freeze its rate base and avoid audits by the SCC for five years.

Reading the NRDC document is like reading an instruction manual from another planet. The key point:

“The Commonwealth is already 80 percent on the way toward achieving the EPA Clean Power Plan’s carbon reduction for the state,” it says. The remaining 20 percent goal could be reached by pressing on with renewable energy and energy efficiency while developing a robust new work force that would total about 5,600 “and the state’s households and businesses would save $1 billion on their electric bills by 2020.”

One reason for the progress in achieving the goal is that Dominion has converted coal plants to natural gas or had announced plans to shut down some aging coal plants .

The NDRC notes that the Clean Power Plan does not specifically target coal-fired plants or other fossil fuel units and leaves it to the utilities to choose how they want to achieve the goals. Among ways to do this are to make coal plants more efficient, use natural gas plants more effectively by switching them on before coal plants and increasing renewables and efficiency.

Deutsche Bank reports that by 2016, solar power (which only just beginning to be tapped) will be cheaper than the average retail power, the report says.

The NRDC report brings up another topic that rarely is discussed in Virginia. Switching to cleaner power can “usher in climate and health benefits worth an estimated $55 billion to $93 billion by 2030. This could prevent from 2,700 to 6,600 premature deaths — a topic rarely broached in Richmond.

As for concerns of base loaded reliability, the report says that PJM, the regional grid to which Virginia belongs, can kick in during a major and unexpected plant outage with 3,350 megawatts of backup electricity.

Another interesting fact: NDRC reports that coal’s share of Virginia’s generation is now only about 20 percent. Dominion had reported it as being up to 49 percent of its mix a few years back. It is hard to understand given that Dominion has been shutting down coal-plants that are 50 or 60 years old. Opponents of the EPA’s new rules claim the plants are being shut down because of EPA’s “War on Coal” but simple age is the more logical reason.

In any event, it is amazing that hardly any of the points raised by NRDC were part of the harried discussion against the proposed Clean Power Plan and Dominion’s almost hysterical need for rate freezes and freedom from audits so it could have time assessing just how damaging the proposed Clean Power Plan would be.

What’s needed is an honest and transparent discussion and review of what the plan really is, how much it will really cost and how its goals can be achieved. That debate cannot be held captive by bankrolled legislators and regulators bullied by utilities.

A New, Improved Ken Cuccinelli?

ken-cuccinelliBy Peter Galuszka

Is one-time conservative firebrand Ken Cuccinelli undergoing a makeover?

The hard line former Virginia attorney general who lost a bitter gubernatorial race to Terry McAuliffe in 2013 is now helping run an oyster farm and sounding warning alarms about a rising police state.

This is remarkable switch from the man who battled a climatologist in court over global warming; tried to prevent children of illegal immigrants born in this country from getting automatic citizenship; schemed to shut down legal abortion clinics; tried to keep legal protection away from state gay employees; and wanted to arm Medicaid investigators with handguns.

Yet on March 31, Cuccinelli was the co-author with Claire Guthrie Gastanaga, executive director of the American Civil Liberties Union of Virginia of an opinion column in the Richmond Times Dispatch. Their piece pushes bipartisan bills passed by the General Assembly that would limit the use of drones and electronic devices to read and record car license plate numbers called license plate readers or LPRs.

Cuccinelli and Gastanaga say that McAuliffe may amend the bills in ways that would expand police powers instead of protect privacy. “The governor’s proposed amendments to the LPR bills gut privacy protections secured by the legislation,” they write. The governor’s amendments would extend the time police could keep data collected from surveillance devices and let police collect and save crime-related data from drones used during flights that don’t involve law enforcement, they claim.

When not protecting Virginians from Big Brother, Cuccinelli’s been busy oyster farming. He has helped start a farm for the tasty mollusks on the historic Chesapeake Bay island of Tangier. According to an article in The Washington Post, Cuccinelli got involved when he was practicing law in Prince William County after he left office.

He would visit the business and get roped into working at odd jobs. He apparently enjoyed the physical labor and the idea that oysters are entirely self-sustaining and help cleanse bay water.

Environmentalists scoff at the idea, noting that as attorney general, Cuccinelli spent several years investigating Michael Mann, a former University of Virginia climatologist who noted that humans were responsible for the generation of more carbon dioxide emissions and that has brought on climate change.

Some have pointed out that if Cuccinelli had had his way, he would have helped quash climate science, generated even more global warming and sped up the inundation of Tangier Island by rising water levels.

It will be interesting to see if Cuccinelli intends to rebrand himself for future political campaigns and how he tries to reinvent himself.

Cruz, “Liberty” and Teletubbies

AP CRUZ A USA VA By Peter Galuszka

Where’s the “Liberty” in Liberty University?

The Christian school founded by the controversial televangelist Jerry Falwell required students under threat of a $10 “fine” and other punishments to attend a “convocation” Monday where hard-right U.S. Sen. Ted Cruz announced his candidacy for president.

Thus, Liberty produced a throng of people, some 10,000 strong, to cheer on Cruz who wants to throttle Obamacare, gay marriage, abolish the Internal Revenue Service and blunt immigration reform.

Some students stood up to the school for forcing them to become political props. Some wore T-Shirts proclaiming their support of libertarian Rand Paul while others protested the university’s coercion. “I just think it’s unfair. I wouldn’t say it’s dishonest, but it’s approaching dishonesty,” Titus Folks, a Liberty student, told reporters.

University officials, including Jerry Falwell, the son of the late founder, claim they have the right as a private institution to require students to attend “convocations” when they say so. But it doesn’t give them the power to take away the political rights of individual students not to be human displays  in a big and perhaps false show.

There’s another odd issue here. While Liberty obviously supports hard right Tea Party types, the traditional Republican Party in the state is struggling financially.

Russ Moulton, a GOP activist who helped Dave Brat unseat House Majority Leader Eric Cantor in a primary last summer, has emailed party members begging them to come up with $30,000 to help the cash-strapped state party.

GOP party officials downplay the money problem, but it is abundantly clear that the struggles among Virginia Republicans are as stressed out as ever. Brat won in part because he cast himself as a Tea Party favorite painting Cantor as toady for big money interests. The upset drew national attention.

Liberty University has grown from a collection of mobile homes to a successful school, but it always has had the deal with the shadow of its founder. The Rev. Falwell gained notoriety over the years for putting segregationists on his television show and opposing gay rights, going so far as to claim that “Teletubbies,” a cartoon production for young children, covertly backed homosexual role models.

Years ago, the Richmond Times-Dispatch published a story showing that the Rev. Falwell took liberties in promoting the school he founded in 1971. Brochures touting the school pictured a downtown Lynchburg bank building with the bank’s logo airbrushed off. This gave the impression that Liberty was thriving with stately miniature skyscrapers for its campus.

Some observers have noted that Liberty might be an appropriate place for the outspoken Cruz to launch his campaign. The setting tends to blunt the fact that he’s the product of an Ivy League education – something that might not go down too well with Tea Party types – and that he was actually born in Canada, although there is no question about his U.S. citizenship and eligibility to run for question.

Hard-line conservatives have questioned the eligibility of Barack Obama to run for U.S. president although he is likewise qualified.

With Cruz in the ring and Liberty cheering him, it will make for an interesting campaign.

Yes, Let’s Investigate ABC Incident


Governor Terry McAuliffe did the right thing by promptly demanding an investigation into an arrest by ABC special agents of a black University of Virginia student that resulted in a head injury requiring 10 stitches. In the racially inflamed atmosphere we live in today, fueled by national news coverage of deaths of young black men at the hands of white police, emotions are running high. Nobody wants this incident to turn into another Ferguson.

On the one hand, Virginians are rightly concerned about the behavior of ABC agents, who caused a furor last year when they arrested Elizabeth Daly, a white University of Virginia student on the mistaken premise that she was carrying a case of beer. One agent drew a gun and another tried to shatter a window in her car with a flashlight. Citizens rightly wonder if last night’s arrest of Martese R. Johnson was a similar case of excess force.

On the other hand, we need to know all the facts. Martin, who was arrested outside a bar at 12:45 a.m., was charged with obstruction of justice and profane swearing or resisting arrest. It appears from news accounts — and, as we know from the UVa rape case, all news accounts should be considered preliminary and incomplete, and YouTube videos can miss important context — that Martin was intoxicated and resisted arrest. He banged his head on the ground when ABC agents took  him to the ground before handcuffing him. “I go to U.Va., you [expletive] racists,” he yelled, as blood flowed from his cut. “How did this happen?”

As with the UVA rape case, we should refrain from speculation on the basis of incomplete knowledge. Let’s wait for the facts to come in before drawing conclusions.

– JAB

Dominion’s Clever Legerdemain

Dominion's Chesterfield coal-fired plant is Virginia's largest air polluter

Dominion’s Chesterfield coal-fired plant is Virginia’s largest air polluter

By Peter Galuszka

You may have read thousands of words on this blog arguing about the proposed federal Clean Power Plan, its impact on Dominion Virginia Power and a new law passed by the 2015 General Assembly that freezes the utility’s base rates and exempts it from rate reviews for five years.

All of this makes some basic and dangerous assumptions about the future of Dominion’s coal-fired generating plants.

It has somehow gotten into the common mindset that the Environmental Protection Agency will automatically force Dominion to close most of its six coal-fired stations.

Is this really so? And, if it is not, doesn’t that make much of this, including Dominion’s arguments for its five-year holiday from rate reviews by the State Corporation Commission, moot?

In June 2014, the EPA unveiled the Clean Power Plan and asked for comments by this upcoming summer. The idea is to have Virginia cut its carbon emissions by 38 percent by 2025. Coal plants are the largest contributors to carbon emissions by 2025.

A few points:

Dominion announced in 2011 that it would phase out its 638-megawatt coal-fired Chesapeake Energy Center that was built between 1950 and 1958.

In 2011, it also announced plans to phase out coal at its three-unit, 1,141 megawatt Yorktown power plant by shutting one coal-fired unit and converting a second one to natural gas. The units at the station were built in 1957, 1958 and 1974.

Mind you, these announcements came about three years before the EPA asked for comments about its new carbon reduction plan. But somehow, a lack of precision in the debate makes it sound as if the new EPA carbon rules are directly responsible for their closure. But how can that be if Dominion announced the closings in 2011 and the EPA rules were made public in June, 2014? Where’s the link between the events?

When the Chesapeake and Yorktown changes were announced, Dominion Chairman and CEO Thomas F. Farrell II, said: “This is the most cost-effective course to meet expected environmental regulations and maintain reliability for our customers.” Now Dominion is raising the specter of huge bills and unreliable grid.

Dominion has other big coal-fired plants. The largest is the 1,600 megawatt Chesterfield Power Station that provides about 12 per cent of Dominion’s power. Four of its six units—built from 1952 to 1969 — burn coal. Two others built in 1990 and 1992 are combined cycle units that use natural gas and distillate oil.

Dominion has upgraded scrubbers at the units, but the Chesterfield station is the single largest air polluter in the state and one of the largest in the nation.

Another big coal-fired plant is Dominion’s 865-megawatt Clover Power Station. It is more recent, having gone online in 1995 and 1996. It is the second largest carbon emitter in the state.

Then there’s the 600 megawatt Virginia City Hybrid plant that burns both coal and biomass in Wise County. It went into service in 2012.

Dominion had a small coal-fired plant at Bremo Bluffs but has converted it to natural gas.

So, if you add it all up, which coal-fired plants are really in jeopardy of closure by the EPA’s new rules? Chesterfield, Clover or Virginia City?

It’s hard to get a straight answer. In a blog post by Jim Bacon today, he quotes Thomas Wohlfarth, a Dominion senior vice president, as saying “It’s not a foregone conclusion that [the four coal-fired power plants] will be shut down. It’s a very real risk, but not a foregone conclusion.” Another problem is that I count three possible coal-fired plants, and don’t know what the fourth one is.

In a story about the Chesterfield power plant, another spokesman from Dominion told the Chesterfield Observer that Dominion “has no timeline no to close power stations” but it might have to consider some closings if the Clean Power Plan goes ahead as currently drafted.

Environmental groups have said that because of Dominion’s already-announced coal-plant shutdowns and conversion, the state is already 80 percent on its way to meet the proposed Clean Power Plan’s carbon cuts. When I asked a State Corporation Commission spokesman about this last fall, I got no answer.

What seems to be happening is that Dominion is raising the specter of closings without providing specific details of what exactly might be closed and why.

Its previously announced coal-plant shutdowns have suddenly and mysteriously been put back on the table and everyone, including Jim Bacon, the General Assembly and the SCC, seems to be buying into it.

Although there have been significant improvements in cutting pollution, coal-fired plants still are said to be responsible for deaths and illnesses, not to mention climate change. This remains unaddressed. Why is it deemed so essential that coal-fired units built 40, 50 or 60 years ago be kept in operation? It’s like insisting on driving a Studebaker because getting rid of it might cost someone his job that actually vanished years ago.

Also unaddressed is why Virginia can’t get into some kind of carbon tax or market-based caps on carbon pollution that have seen success with cutting acid rain and fluorocarbons.

It’s as if the state’s collective brain is somehow blocking the very idea of exploring a carbon tax and automatically defaults to the idea that if the EPA and the Obama Administration get their way, Virginia ratepayers will be stuck with $6 billion in extra bills and an unreliable electricity grid.

Could it be that this is exactly the mental legerdemain that Dominion very cleverly is foisting on us? Could be. Meanwhile, they continue to get exactly the kind of legislation from the General Assembly they want.

Celebrating an Architectural Classic

bacons_castle

  Bacon’s Castle — history lost in the mists of time

by James A. Bacon

Bacon’s Castle, a 17th-century brick plantation house in Surry County, is vaguely known by Virginians for playing some kind of role in Bacon’s Rebellion, the first rebellion in the North American mainland against the English crown. Despite my passing interest in the conflict, I knew little about the building — other than the fact that the man it was named for, Nathaniel Bacon, never set foot in it.

But the story behind Bacon’s Castle is a fascinating one, I learned this morning during a tour of the building hosted by Preservation Virginia in connection with its 350th anniversary. All Virginians learn the story of Jamestown and its cast of characters from Pocahontas to John Rolfe. We revere Virginia’s founding fathers and the plantation aristocracy from which they sprang. We worship our Civil War heroes (well, some of us worship them). But there is a century-long gap between founding of Jamestown and the glories of Williamsburg about which we know almost nothing. Bacon’s Castle is a window into that forgotten era.

Built in 1665 Bacon’s Castle is one of the most architecturally significant buildings in Virginia. It is the oldest standing brick edifice in the English colonies. It also happens to be the only surviving example of Jacobean architecture on the North American mainland. (Barbados has two surviving structures.) The building was laid out in the form of a cross and it boasted spectacular triple-stacked Flemish gable chimneys. But the “castle” is more than bricks and mortar — it’s a place where history was made.

Preservation Virginia told that story as part of a fund-raising effort tied to the 350th anniversary of the building’s construction. Dedicated to preserving Virginia antiquities, the organization purchased Bacon’s Castle in 1974, made critical repairs and opened it to the public. Sad to say, it’s not one of Virginia’s hottest tourist attractions — it doesn’t exactly rank up there with Monticello, Mount Vernon or Williamsburg — and it’s showing signs of wear and tear. Over and above the flaking window paint and separating wood joints, the structure needs a new roof, repointed mortar and rehabilitation work on an 1820s-era smokehouse and a slave cabin. The total of repair bill amounts to $500,000, but Preservation Virginia hopes to raise $350,000 for the 350th anniversary.

Arthur Allen, a wealthy Englishman, arrived in Jamestown in the 1630s and obtained land across the James River in Surry County, where he cultivated tobacco. His enterprise prospered and by 1665 he completed construction of the building. By 1676 the Allen family’s land holdings had increased to 1,000 acres. Surviving documents listed eleven indentured servants and four African slaves in the household around that time.

Jennifer Hurst-Wender with Preservation Virginia talks about a romanticized stained-glass portrait, circa 1900, of Nathaniel Bacon.

Jennifer Hurst-Wender with Preservation Virginia desribes a romanticized stained-glass portrait, circa 1900, of Nathaniel Bacon.

Allen’s son, Arthur Allen II, was known as one of the wealthiest planters in the colony. The house is said to be the seventh largest in Virginia at that time, and it was possibly the first to have a formal English garden.  (There are only archaeological traces of it now.) Allen cultivated the native Norton grape and was wealthy enough to import from Germany glass wine bottles embossed with his initials. He served in the House of Burgesses and was a confidante of Governor William Berkeley. When the rebellion led by Nathaniel Bacon broke out, Allen sided with the Governor.

Bacon, like the elder Allen, was the son of an aristocratic English family, although he apparently left the old country in some ill repute. The father of his bride, Elizabeth Duke, disapproved of the marriage and disinherited them both. Bacon settled in eastern Henrico County, then the Virginia frontier, around 1674. Family connections allowed him entre into the highest levels of colonial society, but he soon came into conflict with Berkeley over Indian policy. The Susquehannock Indian tribe was migrating south to escape the marauding of the Iroquois. At some point the Indians raided one of Bacon’s plantations and killed an overseer. Bacon organized other frontiersmen — mostly small farmers also suffering from Indian raids — and carried the battle to the Indians. That set him in direct conflict with Berkeley, who counseled peace with the Indians.

Nathaniel Bacon -- he was one dapper dresser! Once revered as a revolutionary predecessor to the founding fathers, Bacon now is reviled by progressive historians projecting 21st-century sensibilities into the 17th century, as an anti-Indian racist.

Nathaniel Bacon — he was one dapper dresser! Once revered as a revolutionary predecessor to the founding fathers, Bacon now is reviled by progressive historians, projecting 21st-century sensibilities into the 17th century, as an anti-Indian bigot. Simplistic history forced into a mold. Preservation Virginia tells a more nuanced story.

Bacon then marched on Jamestown, the capital, collecting assorted indentured servants, free blacks, slaves and other disreputable elements, chased Berkeley to a refuge on the Eastern Shore, pillaged plantations and razed Jamestown. Although many historians have portrayed the rebellion in class-warfare terms, the picture was more complicated. While Allen sided with Berkeley, other Surry planters joined Bacon against the Governor, who had raised taxes to defend against the Dutch while neglecting the frontier.

Allen evacuated with Berkeley to the Eastern Shore, and Bacon dispatched some 70 rebels to occupy his home. It was that association that led to the name Bacon’s Castle.

When the rebellion collapsed the Allen family reoccupied the plantation and, like other planters, shifted to a slave workforce. Bacon’s Rebellion marked a turning point in the nature of slavery. Before the rebellion, there was little formal difference in status and rights between slaves and indentured servants. After the rebellion, the industrial revolution began sucking up the landless laborers from the English countryside and fewer signed up as indentured servants. Planters turned to African slaves to work their plantations and codified the law establishing race-based slavery.

Among other notable characters to live in the Allen house was Elizabeth Bray, who married Arthur Allen III. She resided in the house six decades, out-living three husbands as well as her children. She was an accomplished businesswoman, not only running the plantation and updating Bacon’s Castle with a Georgian-style makeover but she lent money to other tobacco planters. She also was a shrewd negotiator. She signed a contract with one of her husbands providing for her estate to be left to her children if she died, but she inherited his estate when he died. Which he did.

Get on down to Bacon’s Castle to hear those stories and many more. And while you’re at it, chip in a few bucks to restore a national historical treasure.

The McDonnell Saga Is Far From Over

maureen mcdonnell sentencedBy Peter Galuszka

Former Virginia First Lady Maureen McDonnell has been sentenced to 12 months and a day in federal prison, but the GiftGate saga is far from over.

She will appeal as has her husband, former Gov. Robert F. McDonnell, who was sentenced to two years in prison last month. The now estranged couple was convicted of public corruption felonies, making McDonnell the only Virginia governor, past or present, to be convicted of a crime.

The next step is for the former governor’s appeals to be heard at the U.S. Fourth Circuit Court of Appeals in May. The issue is whether so-called “honest services fraud” for which both were convicted, should be interpreted broadly or narrowly.

During their trial, U.S. District Judge James Spencer took the broad approach, instructing the jury that there did not have to be a very strict “quid pro quo” for them to return a guilty verdict. He reiterated his stand on Friday by overruling a slew of motions from the defense relating to the issue.

The appeals could have far-reaching consequences, as I reported with a colleague on Bloomberg News this week. Charles James, a former federal prosecutor who works at the Williams Mullen law firm in Richmond, says the case “could be the next case to further restrict the use” of the honest-services fraud statute.

If the Robert McDonnell’s appeal is successful, then it would have a big impact on his wife, as well as loosen the interpretation nationally of how far “honest services” should go.

If the government is successful, then expect a crackdown on public official hankie-pankie.

At Friday’s sentencing, eight character witnesses described Ms. McDonnell, 60, as an empathetic, self-sacrificing woman who would do anything for her children and husband.

That image stands in marked contrast to the image defense lawyers for her husband painted during the trial. Incredibly, her own lawyers piled on with the idea that Maureen McDonnell was a naïve but abusive woman who hated being First Lady. She was so frustrated with her husband ignoring her for his political career that she got entangled with Jonnie (the serpent) Williams, who ran Star Scientific, a Henrico company that made and marketed vitamin supplements.

Williams gave the financially strapped McDonnells about $177,000 in gifts, loans and trips while the McDonnells set up meetings with state officials to the products of his money-losing firm. Ironically, the main product was Anatabloc, a skin cream, which has since been ordered off the market the Food and Drug Administration.

At the top of this blog, you see a teaser story that the convictions were corrupted by Williams’ dubious integrity. That’s nonsense, of course. Prosecutors use inside testimony, especially in organized crime and drug cases, all the time.

The bigger issue is whether “honest services” means bribery or whether it is a normal part of setting up appointments by public officials to consider projects that might benefit their city, state or country. This will be the key issue in the appeals.

Meanwhile, the soap opera has been weirdly painful, fascinating and entertaining. It’s also been rather crass. The former governor tries to come off like a Boy Scout yet refused a chance to cop a plea in exchange for Maureen not being indicted at all. She was not a public official, but non-public officials have been convicted in the past of honest services fraud.

Both defense teams made Maureen the scapegoat. She was portrayed as a greedy and unstable hustler who brought her husband down.

Before delivering the sentence to Maureen, who gave a tearful, first-time statement asking for mercy, Spencer made bitingly critical remarks of the defense lawyers. “The ‘Let’s throw Momma under the bus’ defense morphed into the ‘Let’s throw Momma off the train defense,’” he said. Ms. McDonnell seemed to be two very different people and Spencer had trouble figuring it out.

Her lawyers had asked for no prison time and 4,000 hours of community service. Federal guidelines could have given her more than six years but prosecutors asked for only 18 months in prison.

Spencer split the difference, mostly because he gave Mr. McDonnell a light sentence. He was more culpable since he was a public official, not to mention a former state prosecutor and the state attorney general.

He cut Maureen some slack, too. By sentencing her that extra day, he gave her the opportunity to get out in only 10 months for good behavior since that’s the rule under federal prison guidelines.