Author Archives: djrippert

Courts Authorizing “Reverse Location” Warrants in Virginia

FBI “reverse location” warrant in Henrico County…. Photo credit: Forbes

Big brother Google is watching you. Back in October, 2018,  Forbes reported that a Virginia court had authorized the FBI to use a “reverse location” warrant to try to solve a series of crimes in Henrico County, Va. This warrant, also known as a geofence warrant, allows police to compel Google to provide all cellphone activity for all people in a general area over a specified period of time. The resulting handover of data includes locations and other information on potentially hundreds, if not thousands, of people. While Google has complied with the warrants in the past, it is unclear whether the company complied in the Henrico case. Continue reading

Virginia Trophy Rockfish Season under Threat of Cancellation

Between a rock(fish) and a hard place.  Striped bass, locally known as rockfish, migrate up the coast of the Atlantic each spring to spawn. The biggest rockfish come into the Chesapeake Bay to mate and then leave the Bay to resume their trip north. Other smaller rockfish remain in the Bay. The period of time when the big oceanic rockfish come into the Bay is known to fishermen as the Spring Trophy Season. Regulations are strict but anglers flock to the Bay in the hope of landing a big striped bass. The trophy season starts after the spawn and runs from May 1 to June 15 in Virginia. At least, that’s usually the plan. Unfortunately, a recently completed fish assessment has shown a precipitous drop in rockfish. Scientists blame this on overfishing and are considering asking the Virginia Marine Resources Commission to ban fishing during this year’s trophy season. This is a startling development given the seemingly good news about the Bay in general and rockfish in particular over recent years.

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Tim Kaine and Mark Warner both embarrass Virginia with relief legislation vote

Midwest apocalypse.  As of March 30 satellite data shows that flooding caused at least one million acres of Midwest farmland to be covered in water for at least seven days in March. One million acres is 1,562 square miles. Up to a million calves may have died in Nebraska alone. This is a disaster of unprecedented magnitude. On April 1 a relief bill was put forth in the US Senate that earmarked $13.45 billion of aid for the Midwest and Puerto Rico.  Democrats killed the bill claiming that the amount allocated for Puerto Rico was too little. Both of Virginia’s U.S. Senators voted against providing relief to the U.S. Midwest and Puerto Rico.

Disgraceful.  Both Tim Kaine and Mark Warner claim to be members of the party dedicated to the little guy, the Democrats. To hear them tell it, the Republicans stay busy tending to corporate interests while ignoring the plight of average Americans. However, it was Kaine and Warner who decided to play petty politics with an aid bill that is desperately needed by our fellow Americans in the Midwest. Virginians should be ashamed to have elected these two senators. Continue reading

Food Trucks Can Create Oases in Food Deserts

Food desert theory.  Food deserts in cities can be defined as urban areas where it is difficult to buy high quality fresh foods at an affordable price.  This lack of access to healthy food causes problems for people living within these food deserts.  Instead of eating healthily people living in food deserts buy the “junk food” that is available. This, in turn, causes a variety of predictable health problems such as heart disease, malnutrition and diabetes.

Food desert solutions. Over the years, many well meaning people have proposed a series of solutions designed to solve the food desert problem. One example, described on Bacon’s Rebellion, involves the sale of collard greens in the small grocery and convenience stores in the Church Hill neighborhood of Richmond. Another involves not only selling healthy foods in Richmond but growing those vegetables in Richmond too. There have even been efforts by local health care organizations to provide “the Class-A-Roll” … a truck with a teaching kitchen inside to provide healthy food cooking lessons. Given that Sen. Mark Warner, D-VA, was conducting a town hall yesterday in Richmond to address food insecurity, one can only assume that these well intended ideas didn’t work. Of course they didn’t work. They miss the real point. Continue reading

Virginia’s “Secret” Medical Marijuana Program

The doctor who should be governor. State Sen. Siobhan Dunnavant is a Republican from Henrico County. She is also a practicing physician. In this year’s General Assembly session she put forth SB1557 which expanded last year’s so-called “Let Doctor’s Decide” legislation (HB1251).

What’s new? The 2018 legislation (HB1251) authorized licensed medical providers to prescribe CBD and THC-A oil “to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.” CBD, or cannabidiol, is a naturally occurring compound found in the resinous flower of marijuana plants. It is used to treat a variety of maladies. It is non-intoxicating. THCA, or tetrahydrocannabinolic acid, is the non-psychoactive acid form of THC found in marijuana plants when raw. It is also non-intoxicating unless it is heated. Once heated, THCA releases THC which is intoxicating.  The 2018 legislation restricted THCA oil to contain no more than 5 mg of THC (the psychoactive component of marijuana). Continue reading

The Marijuana Legalization Debate in Virginia: Lessons from Colorado

It’s a long way from Colorado to Virginia!

Elevated thinking.  I recently had the opportunity to do some skiing in Colorado. I hadn’t been to Colorado since the state legalized recreational marijuana use in 2014. I expected to see a Cheech and Chong movie played out on a vast scale high in the Rocky Mountains. That expectation went unmet.  Instead, I saw an American town where legal marijuana use has been incorporated into everyday life in a barely noticeable manner. Colorado has more pot shops than Starbucks outlets but you wouldn’t know that from a cursory visit. All of which got me thinking – what has been the marijuana legalization experience in Colorado and what lessons are there for Virginia?

Nil sine numine. “Nothing without providence.”  Residents of The Centennial State believe Colorado is guided by a “divine will.” After five years of “divine will” has legal pot turned into Rastafarian revelry or Puritanical perfidy? My unscientific poll of Coloradans riding various chairlifts and gondolas with me established a consensus of … “more good than bad”. Continue reading

Proffers: They’re Baaaaack!

Gentlemen may prefer blondes but localities prefer proffers.  A proffer is an arrangement between a locality and a land developer whereby the developer offers something of value in order to get a rezoning request approved.  Why do developers want land rezoned?  For residential development they want to build more homes on the land than the land’s current zoning allows.  Why would localities object to these rezoning requests?  Theoretically, the locality’s strategic and financial plans are based on providing services at an overall population density dictated by the current zoning.  Adding more density increases the locality’s costs for services like public schools.  Localities are understandably worried about the unfunded mandates that up-zoning can cause.  How do proffers help?  Items of value (money, land, astroturf, etc) are given to the locality by the developer in order to fully or partly cover the additional costs to the locality of development at higher density than was planned.  These proffers reduce the developer’s profit margin on the project at hand so they are not popular with the development community. Continue reading

Amazon in Northern Virginia: 5 Positives

The road to the Silicon Swamp is paved with gold.

1-The Future. In 2011 Marc Andreessen, founder of Netscape, wrote an essay for the Wall Street Journal titled, “Why Software is Eating the World.” The eight years since Andreessen’s essay was published have served to vindicate, validate and verify the accuracy of his thesis. Yet while software eats the world, it doesn’t necessarily dine in the same old restaurants.  Car making used to be centered in Detroit. Now Silicon Valley is the new Detroit. Not only are upstarts like Tesla centered in The Valley but traditional car manufacturers are heading west too. As Andreessen noted, traditional non-technology companies all need to become software companies in order to survive. Metropolitan areas with strong software skills will attract not only technology companies but non-technology companies as well. Embrace software or be eaten by it. The future belongs to those who code.

2-Ecosystem. Silicon Valley isn’t Bentonville, Arkansas. No one company dominates Silicon valley and therein lies its enduring strength. The Valley is an economic growth machine fueled by start-ups, spin-outs, mergers, acquisitions, bankruptcies and oceans of venture capital. The idea that NoVa’s benefits from the Amazon deal start and stop with Amazon is myopic. Talented employees will come to National Landing, work for Amazon, and then leave to start new ventures. The 25,000 Amazon jobs should be seen as a starting point rather than a final outcome. In fact, startups founded by Amazon veterans like Fugue are already operating in the area. Continue reading

Unraveling the Ralph Northam Infanticide Controversy

Background. The past several weeks have been full of controversy for three of Virginia’s leading Democratic politicians – Ralph Northam, Justin Fairfax and Mark Herring. The local, state and national media have been focused on allegations of racism against Northam and Herring and sexual assault against Fairfax. However, prior to the media onslaught regarding racism and rape Governor Ralph Northam was embroiled in another controversy regarding comments he made during a radio show. During that radio interview Gov. Northam said some things that some people felt condoned, or even supported, infanticide. What did Ralph Northam say (in context) and did he really condone or support infanticide?

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Fifteen Months Later and Still No Answers on the Bijan Ghaisar Killing

463 days. November 17, 2017 was the date that U.S. Park Police gunned down / assassinated Bijan Ghaisar on a street in Fairfax County. That was 463 days ago.  n all that time there has been no comment from the U.S. Park Police or the FBI (assigned to investigate the case) regarding this killing.

477 days. That was the total amount of time that elapsed between the discovery of the bodies of Nicole Brown Simpson / Ronald Goldman and the verdict in the OJ Simpson case. Continue reading

Virginia’s Two-Faced Democrats

A very bad week. One can only assume that Virginia’s Democratic Party is very happy to see this week draw to a close. The Democratic Governor, Lieutenant Governor and Attorney General are facing deep scrutiny over revelations that came to light this week. While the specifics of each scandal remain hazy the sudden evaporation of moral outrage from fellow Democrats is crystal clear.

Northam: the expendable man. Govenor Ralph Northam was the first to fall under a thick cloud of disrepute as pictures from his personal page in his med school yearbook surfaced with people dressed in blackface and Klan outfits.  Democrats moved quickly to condemn Northam and call for his resignation.  Senators Tim Kaine and Mark Warner were joined by the Virginia Black Caucus, former Governor McAuliffe, national Democrats and (most interestingly) Attorney General Mark Herring in calling for Northam’s resignation. Appearing in blackface is intolerable they all wailed in unison. Blue Virginia touted the calls for Northam’s resignation as proof of the ” … VAST moral difference between Virginia Democrats and Republicans …” Continue reading

Tommy Norment’s Turn in the Yearbook Whipsaw

Da Bomb. The Virginia Pilot is reporting that Tommy Norment, R-Williamsburg, Republican majority leader of Virginia’s State Senate, was an editor for a VMI yearbook called The Bomb that printed “racist photos and slurs, including blackface”.  The yearbook in question was published in 1968.  African Americans were allowed to enroll at VMI in the Fall of 1968, presumably just after the “Norment yearbook” was published.

Full disclosure. The VMI 1968 yearbook included a statement authored by Norment in his position as an editor. His missive included the somewhat ironic line, “Work on the Bomb has permitted me to release four years of inhibitions.”  Hmmm …  Maybe sometimes remaining inhibited isn’t such a bad thing.

Judgement lapses. While it’s fair to debate whether including pictures of white people in blackface in a 1968 yearbook was a lapse in judgement or a sad practice of the day, Mr Norment has been no stranger to continuing controversy.  He was charged with DUIattempted to chase reporters off the senate floor (where they had worked for a century), exposed as a customer of the adultery website Ashley Madison, and had an inappropriate “relationship” with a lobbyist. Norment hasn’t faced a competitive election in three senate campaigns but still receives large campaign contributions from “the usual gang of suspects”.

— Don Rippert

Virginia Voters Should “Clean House” this November

State of affairs / affairs of state.  Multiple scandals have rocked Virginia’s state government this week.  All three of our state’s top officials stand accused of substantial wrongdoing.  Governor Ralph Northam and Attorney General Mark Herring have admitted to dressing in blackface during their college / medical school days. Lieutenant Governor Justin Fairfax is being accused of sexual assault.  The stories have become national news – read the New York Post article here. Given this chaos one wonders how the good people at Amazon feel about their decision to put one-half of their new headquarters in The Commonwealth of Virginia. I’m guessing we’ll hear more about that in the near future. In the meantime, Virginians need to ask two key questions – how did we get here and what can we do about it.   Continue reading

Five Virginia Politicians Thwart the People and Democracy in Marijuana Reform Legislation

We the people elite.  A number of proposed bills to decriminalize possession of small amounts of marijuana were put forth in the ongoing General Assembly session.  These bills were systematically killed in subcommittee by a tiny fraction of the General Assembly.  Generally speaking, five Republican Delegates decided that the proposed marijuana reform bills should not reach the full committee let alone the entirety of the General Assembly for a vote.  These five legislators know, or should have known, that the vast majority of Virginians (in poll after poll) favor the decriminalization of marijuana. Continue reading

Chesapeake Bay Foundation State of the Bay: The Bay is Regressing

School daze. The Chesapeake Bay Foundation(CBF) recently issued it biannual State of the Bay Report.  The report can be found here.  The CBF assigns both a numeric and letter grade to the bay.  This report (2017 – 2018) garners a score of 33 for a grade of D+.  The last report (2015 – 2016) tallied a 34 / C-.  The grading scale is as follows

40 or below – dangerously out of balance
41 – 50 – improving
51 – 70 – stable
71+ – saved

The first State of the Bay Report was issued in 1998 and Bhe bay received a “grade” of 27.  Progress was slow but steady through 2016.  The recently issued report (2018) represents a rare regression in overall score since the report was started.

Rain, rain, go away.  An extremely wet 2018 is primarily to blame for the regression in the bay’s health.  And wet it was.  DC’s official recording site at Reagan National Airport ended up with 66.28″ of rain, which broke the previous record of 61.33″ from 1889. This total is over 2 feet above DC’s annual average of 39.74″, and is nearly as much rain as the previous 2 years combined of 67.3″ (2016 + 2017).  Baltimore’s BWI Airport recorded 71.82″ of rain against an annual average of 43.62″.  That was the wettest year on record and the weather book dates back to 1871.  The runoff from all that rain caused significant regressions in nitrogen (-5), phosphorus (-9) and water clarity (-4) from the prior report.  One ray of sunshine in the report was the fact that underwater grasses notched a small gain from 2015-2016 despite the deluges. Continue reading