Category Archives: Corruption and Scandals

Voyeurism Isn’t Good for the Soul (or Politics)

Susanna Gibson, Democratic nominee for the 57th District seat in the Virginia House of Delegates.

by Shaun Kenney

The scandal of the week involving Susanna Gibson is an indictment of our politics. Shame on us all for participating in it.

HAMLET Get thee ⟨to⟩ a nunnery. Why wouldst thou be
a breeder of sinners? I am myself indifferent honest,
but yet I could accuse me of such things that it
were better my mother had not borne me: I am
very proud, revengeful, ambitious, with more offenses
at my beck than I have thoughts to put them
in, imagination to give them shape, or time to act
them in. What should such fellows as I do crawling
between earth and heaven? We are arrant knaves
⟨all;⟩ believe none of us. Go thy ways to a nunnery.

— William Shakespeare, “Hamlet” Act 3, Scene 1 (1601)

Ophelia has given herself to Hamlet. Yet having placed her trust totally in men — her father, her brother, her lover — she is told by her beloved to remove herself to a nunnery. Or in the context of the Elizabethan age? A brothel — thus exchanging the ideas of nobility and love for pure utility and momentary pleasure.

Realizing the world for what it is — or at least, the world of Hamlet, Laertes, and Polonius — drives Ophelia insane. Having relied upon a branch made of willow, she drowns in a shallow pool, able yet unwilling to save herself and face such a world. Continue reading

Dems Nominated an Online Porn Star for House of Delegates

by Kerry Dougherty

I can’t decide which is more shocking: that Virginia Democrats nominated a porn star for the House of Delegates or that The Washington Post committed an act of journalism that hurt a Democrat.

Shoot, we know what to expect of Democrats. This news doesn’t register on the political shock-o-meter. What’s truly stunning is that The Post published a story that reflects badly on someone they normally would have endorsed.

The adjective “blockbuster” is overused when describing big news stories.

Not this time.

On Monday, The Post had an actual blockbuster: The paper revealed that Susanna Gibson, a 40-year-old nurse practitioner, married mother of two and the Democrats’ choice for the open 57th District House of Delegates seat, has been engaging in smutty online sex with her husband.

The couple begs for tips before performing requested lewd acts.

Classy. Continue reading

Predatory Virginia Nursing Home Owners

by James C. Sherlock

Merriam Webster:

Pred*a*tor: (noun) one who injures or exploits others for personal gain or profit.

The most medically vulnerable of us reside in skilled nursing facilities (SNF).

Nobody plans to be there, but that is where about thirty thousand Virginians find themselves at any one time. People who are moved from hospitals to save money for the insurers but are too sick or injured to go home yet.  

They are supposed to get the skilled nursing the name suggests. Many don’t.

Most are covered by Medicare. The rest by Medicaid or private insurance. It could be any one of us tomorrow.

These patients are at risk by design in some of these SNF’s. Put in danger by a perverted business model, a model that shows that returns can be juiced into double digits by stripping staff. The facilities can then be flipped in a couple of years at a profit based upon increased cash flows.

We will track their investments using government data. We will see a ritual, system-wide understaffing.  We will also see that the government accumulated and publishes staffing data but there is no evidence they use it for anything.

There are nursing homes in Virginia, for example, that provide less than 30% of the registered nurse hours per patient per day that CMS assesses they require.  Weekend statistics are worse. Nothing happens.

Today there are large systems not one of which is staffed to CMS norms.

There are real people who are harmed by those calculated violations.  Exceptionally vulnerable people are regularly denied at least their dignity, often their health and sometimes their lives.

The owners injure and exploit patients for personal gain or profit.

They are predators. Continue reading

Past Time for Serious Sanctions for the Commonwealth’s Worst Nursing Homes

by James C. Sherlock

Effective May 1 of this year, Karen Shelton M.D. became Virginia’s Health Commissioner. Dr. Shelton is now the licensor and regulator of Virginia’s nursing homes.

By law, state-licensed nursing homes must comply with federal and state laws and standards. By regulation, the Health Commissioner “may impose such administrative sanctions or take such actions as are appropriate for violation of any of the standards or statutes or for abuse or neglect of persons in care.”

It is time.

I hope that she will pose a challenge to her Office of Licensure and Certification (OLC), of which I am a public admirer, that goes something like this.

Too many Virginia nursing homes are measured objectively by CMS (the Centers for Medicare/Medicaid Services) to be dangerous to the health and welfare of their patients through a combination of:

  • inspections that we ourselves conduct;
  • staffing measures linked to payroll data; and
  • medical quality measures from federal records.

Many have been that way for a very long time.

Current staffing far below CMS requirements seems to indicate that too many have no apparent path to improvement.

Come and see me in a couple of weeks with a list of the absolute worst of them.

And tell me why I should not shut them down to let the rest know that there are minimum standards beneath which they will not be permitted to operate in Virginia.

And one more thing.

Please let me know if there are organizations or individuals, current or recent, whose facilities have appeared regularly enough with the lowest staffing rating to indicate that understaffing may constitute a business model rather than a local exigency.

That too will not be tolerated.

We will take on those challenges here as if they are our own.

This article will identify the absolute worst of the facilities, using government records. The next will look at understaffing trends among owners. Continue reading

UVa’s Undergraduate Female/Male Demographics vs. Diversity, Equity and Federal Law

UVa President Jim Ryan

by James C. Sherlock

The University of Virginia measures its diversity efforts by statistics. We’ll hold them to their own standards.

That seems only equitable.

President Ryan has said that the demographic composition of students is easy to measure. The Diversity, Equity and Inclusion office, proving him right, proudly displays a Diversity Dashboard.

All eyes, including their own, go to race.

But we’ll look at sex. And we’ll remember the requirements of Title IX of the 1972 Federal Education Amendments.

no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

It is demonstrable statistically that males are woefully underrepresented in the undergraduate population of the University of Virginia at rates inexplicable by chance.

We will examine as potential root causes the skewed demographics of:

  • the undergraduate student population on the one hand; and
  • the Undergraduate Admissions Office and Office of Equal Opportunity and Civil Rights on the other.

And then we will see if we can identify any other potential causes of those discrepancies.

It won’t go well. Continue reading

Martin Brown Is Absolutely Correct: To Achieve Real Diversity, Equity, and Inclusion, “DEI” Must Die

by J. Kennerly Davis

Martin Brown, a senior aide to Governor Glenn Youngkin, created quite a stir when he told an audience at the Virginia Military Institute that “DEI is dead.” Democrats in politics and the media jumped on the remark, and the Governor’s support of Brown, to assert that the Youngkin administration is hostile to policies and programs that foster diversity, equity, and inclusion. The partisan criticism is baseless. Martin Brown is correct. For Virginia to effectively foster diversity, equity, and inclusion, DEI must die.  

Every system of government is based upon an idea, a fundamental concept for its organization and operation, a proposition. Most times, the idea has been small, shabby, uninspiring, and authoritarian. Ultimate authority has been held by a ruling class. The rights of individuals have been understood to be nothing more than malleable artifacts, with their scope and substance and tenure entirely dependent upon the changeable determinations and dispensations of the ruling class.

But sometimes, the idea for a system of government is a grand one, exceptional, inspiring, revolutionary. The idea of America is a grand idea: the revolutionary proposition that all persons are created equal, endowed by their Creator with inherent dignity and unalienable rights; the revolutionary proposition that the only rightful purpose of government, the legitimizing purpose, is to recognize, respect, and protect the shared sacred humanity, inherent dignity, and natural rights of the people;  the revolutionary proposition that the people shall rule, and each shall be able to think and speak and worship and associate freely; the revolutionary proposition that a richly diverse people can form a strongly united nation, e pluribus unum. That is a grand idea!

For more than a hundred years, the regressive authoritarians who wrongly style themselves “progressive” have worked to undermine the grand idea of America and replace it with their own very small idea: the counterrevolutionary proposition that an elitist ruling class of credentialed technocrats, infallible “experts,” should exercise unrestrained administrative power to define the rights, allocate the resources, and direct the affairs of the supposedly unenlightened masses under their paternalistic supervision. Continue reading

Tuition, Room, Board and Fees Up 7% Next Year at Tech – Zero Cuts in Massive Administrative Overhead

Letitia “Tish” Long

by James C. Sherlock

From The Roanoke Times

Faced with inflationary pressures and state budget uncertainty, the school’s Board of Visitors voted unanimously to markup overall student costs by about 7%, increasing tuition and fees, plus room and board.

It was not an easy decision, said Rector Tish Long.

”This is one of the most important and most difficult decisions that this board has had to make,’ Long said. ‘This is a very difficult decision, and we did and continue to take everyone’s comments into account.’

Rector Long did not mention how easy it was to not cut administrative overhead:

  • No data required;
  • No difficult discussions;
  • No strained decisions;
  • No dispirited looks from the University President;
  • Let’s break for lunch. Early.

Tech’s Executive Vice President and Chief Operating Officer, who would be the one to recommend cuts, is enthusiastic about that school’s “Administrative Transformation” project.

He notes that he has an Administrative and Professional (A/P) Faculty job architecture project underway. Alas, the obstacles include:

Currently there are over 2,400 A/P faculty positions with over 1,800 unique titles. This lack of structure creates inconsistent pay and titling practices — which can unintentionally create pay equity issues — as well as makes it difficult to benchmark salaries to the external market.

It makes it quite difficult to make cuts when the University COO has no idea what all those people do. Continue reading

Assault and Battery in Schools – Virginia Law and School Division Policies Make “Marks” of Principals

by James C. Sherlock

This is addressed directly to Virginia public school principals.

You are compliant with current Virginia law whether you report assault and battery to police or do not.

Bad law makes for bad policy.

Depending upon your school division, your requirements may vary. A lot.

In gambling, and this issue is a big gamble for you, if you don’t know who the mark is, it is you.

The current law on reporting of assault and battery to police reflects a poorly conceived and poorly written attempt by Virginia Democrats in 2020 to break what they called the “school-to-prison pipeline.” They made reporting to police conditional upon on-scene medical and legal findings – by you.

The Board of Education has done nothing to improve the matter. School divisions are all over the spectrum on what to do about reporting. You cannot carry out either the law or many of the school division policies without personal jeopardy. Continue reading

Incarceration Should Not Mean Humiliation

by Kerry Dougherty

Hang onto your wallets, Portsmouth. A lawsuit filed Friday in Circuit Court is seeking $1 million in damages due to alleged misconduct by a sheriff’s deputy. Oh, and another $350,000 in punitive damages.

The conduct – if it happened – was atrocious.

According to court papers filed by a former inmate, Danaesha Martin, a sheriff’s deputy on May 2, 2022 forced her to disrobe to prove she was actually having her menstrual period when she requested sanitary products.

If true, this is sick. Sadistic, too.

No matter the crime, incarceration should not be accompanied by humiliation. Treating inmates like animals should not be part of the criminal justice system. Jailers are supposed to behave better than the people behind bars. Continue reading

News or Commentary? You Decide

by James A. Bacon

The Washington Post leads its story about Governor Glenn Younkin’s comments on the indictment of former president Donald Trump this way:

RICHMOND — Virginia Gov. Glenn Youngkin (R) is famous for being just Trumpy enough to woo MAGA Republicans without alienating more moderate voters, but the former president’s indictment this week by a Manhattan grand jury investigating hush-money payments to an adult-film star found Youngkin leaping to Donald Trump’s defense.

It goes on to quote Youngkin not as defending Trump but criticizing the New York district attorney who prosecuted him.

‘It is beyond belief that District Attorney Alvin Bragg has indicted a former President and current presidential candidate for pure political gain. Arresting a presidential candidate on a manufactured basis should not happen in America,’ Youngkin tweeted on his personal account Thursday night after the news broke. ‘The left’s continued attempts to weaponize our judicial system erode people’s faith in the American justice system and it needs to stop.’

Reporters Gregory Schneider and Laura Vozzella proceed to quote tweets, emails and comments from five Youngkin critics, contrast Youngkin’s “forceful response” to the Trump indictment with his restrained response to Irvo Otieno’s death in a state mental health facility “in his own state,” and assert that the governor’s comment belies “his carefully crafted image as a zipped-up vest-wearing suburban moderate.”

If this article had appeared in the op-ed section of The Washington Post, I would not have given it a second thought. But Schneider and Vozzella purport to report the “news.” Continue reading

A More Appropriate Management Model for State Mental Health Facilities

Central State Hospital Petersburg

by James C. Sherlock

I always find it disturbing when state agencies operate institutions that they are also responsible for regulating and inspecting.

It almost cannot work.

I have brought this up with regards to the VDOE operation of a virtual learning program when that same agency oversees private providers of the exact same services.

That is small ball compared to the issues at the state’s mental health facilities.

Now we have a very recent tragic example at Central State of decades-long problems at state-run mental hospitals including overcrowding and inadequate staffing.

A 2021 Associated Press article used Central State as the leading example of overcrowding. The reporter wrote, prophetically:

Virginia sheriffs are reporting being stretched thin after responding to psychiatric emergencies that require them to hold people and transport them for treatment.

‘I’ve had deputy sheriffs tied up for days at a time,’ John Jones, executive director of the Virginia Sheriffs’ Association, told the newspaper in an interview on Tuesday. ‘We’re at a crisis point.’

Now seven sheriffs deputies and three Central State staffers are charged with murder in that same scenario.

I view the current management model in which a single state agency oversees, operates and inspects its own facilities as untenable.

There is a proven alternative. Continue reading

Crime in Virginia — the Statistics of Race and their Causes

by James C. Sherlock

Crime, especially violent crime, is a constant topic in private conversations and in public politics, and thus here on Bacon’s Rebellion.

Comments on BR crime-related articles turn quickly to race, often without basis in fact.

I will offer below the actual crime statistics by race from 2021, the latest available year, in an attempt to cure that.

Then I will write about the causes.

I will almost certainly be called a racist. Continue reading

Virginia Emergency Management During COVID – A Well-Documented Scandal

By James C. Sherlock

The National Incident Management System Preparedness Cycle

We could see it wasn’t right as it unfolded.

Virginia’s flawed response to COVID was slow for all Virginians.

Fatal for some.

But the public just saw the broad stroke external effects.

  • We saw executive orders that seemed sudden, sweeping, and disconnected from the information we had. It turns out that often the governor himself was operating in an information vacuum.
  • In the pandemic’s early phases, the Commonwealth finished last or next to last among states in crucial responses like testing and vaccination program rollouts.  Everything seemed to be invented ad hoc rather than from a plan.  It turns out that was true.
  • There was a prescient and well-drawn pandemic operations plan that had been produced by a contractor, but virtually no one in the administration knew what it required, and certainly had never practiced it in any meaningful way or fine-tuned it based on realistic exercises.  When BR found and reported on that plan in 2020, it was pulled from public view.

It is important to make sure that doesn’t happen again, whether in another pandemic or in a cyber attack, hurricane, flood, mass shooting, kinetic terrorist attack, nuclear plant emergency, or something else.

In response to my request, a very cooperative Virginia Department of Emergency Management (VDEM) FOIA official has provided a remarkable and profoundly disturbing two-volume series detailing a running history and operations analysis of what happened inside the government.

It is titled “COVID-19 Pandemic History and After Action ReportVol. 1 (covers 2020) and Vol. 2. (covers 2021) hereafter referred to as the HAAR.

It was compiled and written under contract by CNA, a highly regarded federal contractor, who had people on site in Richmond during the COVID response.

The HAAR describes and assesses a series of widespread and seemingly endless internal and external government breakdowns that compromised the health and lives of Virginia’s citizens.

Management turmoil in the state government during COVID was so extensive as to be almost indescribable by any group with less talent than the CNA team.

The HAAR documents that Virginia’s COVID response was hamstrung by a lack of operations management experience in the leadership.

I understand that with authority comes responsibility.

But the governor, his Secretary of Health and Human Resources, and his Health Commissioner were effectively the chain of decision makers during COVID.  All three were physicians.

But that is one reason we have a civil service.

Virginia’s civil service failed to prepare for its roles in emergency response long before Ralph Northam was governor.  HAAR documents the complete inability of the bureaucracy to plan, organize and equip, train for, exercise and execute emergency plans.

It is clear to me that without capable civil service support, no administration would have fared well.  I hope, by exposing this deadly failure, to prevent the same thing from happening again tomorrow.

I will make strategic recommendations here in this first part of what will be a series on this issue.

Continue reading

Forget Waldo! Where is ERIC?

by James Wyatt Whitehead, V

In 2012, seven states, including Virginia, formed the Electronic Registration and Information, Inc. (ERIC), with assistance from the Pew Charitable Trusts. Today, ERIC’s membership has risen to 32 states and the District of Columbia. ERIC’s mission is to assist states in maintaining accurate voting rolls.

Every 60 days, states that are members of ERIC send voting roll data to ERIC for analysis. Reports are generated and returned to the states who can then take any necessary action. The data sent appear to be the garden variety of voter information one would expect: who has moved in? Who has moved out? Who has died?

Security of the data seems to be of high importance to the leaders of ERIC. Membership in ERIC requires a one-time fee, plus annual dues. The budget requirements for ERIC are modest. What is not to like? ERIC provides a useful service to state election officials. Accurate voting rolls advance the common interests of all citizens.
Continue reading

Not a Good Look, Virginia

Not to give our friend Don the Ripper more ammo in his assertion that Virginia is the most corrupt state in the country, but… These numbers regarding federal public corruption convictions in Virginia’s Eastern District, published in a 2022 University of Illinois at Chicago study, “Anti-Corruption Report #14,” speak for themselves.

I’d like to see the figures broken down per capita. Who knows, maybe Virginia really is the most corrupt. Even if it’s not, just being in the same league as New York, New Jersey, and Louisiana is a badge of shame.

Hat tip: How_It_Works

— JAB