Category Archives: Federal

Mark Herring’s Worst Thanksgiving –  Conspiracy Against EVMS may lead to Federal Involvement

by James C. Sherlock

Sentara CEO Howard Kern

Scandals are sometimes overrated. Not this one.

I have reported here before on the strange case of the EVMS-ODU merger. I posted here on Nov 1, Nov 2  and Nov 3 with my own concerns on the subject. Many of my assessments came to fruition.

On November 13 and 20, the Checks and Balances Project picked up the story and took it to the next level. The quotations below are from the November 20 story.

I am not an attorney, but I will project today the significant legal jeopardy into which the process may have put the group that got together to coordinate and plan that merger without EVMS participation. 

Not to mention the legal and personnel mess that it puts on the desk of Virginia’s Attorney General and the Governor. 

Continue reading

Stewart Gets Last-Minute Gift From Trump

Corey Stewart

Peter Galuszka

Corey A. Stewart, a conservative firebrand from Prince William County, is getting a last-minute going-away present from President Donald Trump.

As Trump’s administration comes to an end, Trump has created a position on trade at the U.S. Commerce Department that is just for him. In 2016, Stewart headed Trump’s Virginia election campaign before being fired. Stewart said that he was Trump before Trump was Trump.

Stewart is an international trade lawyer and is expected to strong arm Trump’s tough and confusing trade policies.

A special target is China, which Trump has castigated, with some justification, for cheating on business deals, fiddling with its currency exchange rates, growing its armed forces and trampling on human rights.

Stewart will toughen enforcement of Trump’s hostile trade relations, according to news reports.

Some trade experts wonder what the Stewart story is all about. According to Reuters, William Reinsch, a former Commerce undersecretary, said he viewed hiring as “peculiar” since he is filling a position that does not exist. Continue reading

Warner and Kaine Wrong about D.C. Statehood

by Emilio Jaksetic

On June 26, 2020, the House of Representatives passed the Washington D.C. Admission Act (H.R. 51), which would admit the District of Columbia (D.C.) as the 51st State. The House vote was essentially along party lines, with all Democrats (except one) voting yes, and all Republicans (and one Independent) voting no.

Senators Mark Warner and Tim Kaine support that legislation. (See July 21, 2020 Warner Press Release, “Senate Democrats Hold Hearing on D.C. Statehood.”) They are wrong to support that legislation because it is barred by the unique status D.C. has under the U.S. Constitution and because Congress has no authority to amend or override the Constitution by statute.

Under Article I, Section 8, Clause 17 of the Constitution, Congress has exclusive authority over D.C. Nothing in that clause authorizes Congress to change the status of D.C. by legislation. Continue reading

Senator Warner Is Missing in Action

by Emilio Jaksetic

As co-chair of the Senate Intelligence Committee, Senator Mark Warner, D-VA, was vociferous about the need to investigate allegations of Russian collusion by President Donald Trump’s 2016 campaign. But Virginia’s senior senator was silent in 2019 when the Department of Justice (DOJ) Inspector General identified serious defects and failings with FBI and DOJ handling of the investigation of those allegations. He was silent when a former FBI attorney pleaded guilty in August 2020 to criminally altering a document used to support a request for a FISA warrant in the Russian collusion investigation. And he has been silent about the subsequent discrediting of the Steele dossier.

Now Warner seems reticent about the need to investigate allegations of foreign payoffs to Hunter Biden or question if former Vice President Joseph Biden knew about those foreign payoffs.

Multiple sources of information support the allegations against Hunter Biden:

  • Peter Schweizer’s books, “Secret Empires” (Harper, 2019) and “Profiles in Corruption” (Harper, 2020);
  • Various emails reported by the New York Post (October 2020);
  • A Senate report issued October 11 (“Hunter Biden, Burisma, and Corruption: The Impact on U.S. Government Policy and Related Concerns”) available here.

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Virginia Should Reject the National Popular Vote Compact

by Emilio Jaksetic

On February 11, 2020, the Virginia House of Delegates passed House Bill 177. If enacted into law, the legislation would have made Virginia a participant in the National Popular Vote Compact (NPV Compact), and would assign Virginia’s Electoral College votes to the presidential candidate who receives a majority of the popular vote in the United States. On February 25, 2020, the Virginia Senate Privileges and Elections Committee voted to defer consideration of the bill to the 2021 legislative session. The General Assembly should not pass legislation to make Virginia participate in the NPV Compact.

Passage of legislation to make Virginia part of the NPV Compact would nullify the will of a majority of Virginia voters and replace it with the will of a majority of voters in 49 other States and the District of Columbia. Continue reading

What Is Cuccinelli’s Role in Defining Extremism?

Photo credit: Forbes

By Peter Galuszka

Allegations that the Wolverine Watchmen, a far right extremist group based in Michigan, discussed kidnapping Gov. Ralph Northam draw questions about the role another Virginia politician has played in defining extremist threats.

Kenneth Cuccinelli a former Republican attorney general and failed gubernatorial candidate, has been accused of helping delay a report by the U.S. Department of Homeland Security that designated white supremacist groups as the biggest domestic threat the country faces.

That apparently is at odds with President Donald Trump’s view that threats by the so-called “Antifa” leftist groups are the main worry.

Cuccinelli is currently acting deputy to Homeland Security chief Chad Wolf. Both The Washington Post and The New York Times have reported that Cuccinelli helped block an assessment by former Homeland Security intelligence chief Brian Murphy that white supremacists are the larger threat. Continue reading

Major Impacts of Northam’s War against Teachers

Federal school funding threatened; Democrats and unions in a bind; Lawsuits coming

Timing is Everything

by James C. Sherlock

Ralph Northam declared on August 30 of this year that Virginia’s schools are systemically racist and that teachers are presumptively racist and must be treated and monitored.

In addition to threatening to create turmoil in the schools and damage to the very students he apparently meant to help, the Governor has potentially kicked over a hornets’ nest worse than he stirred up with his infamous infanticide interview that resulted in the release of his blackface yearbook photo. 

And he may have set Virginia up for federal demands for repayments of Department of Education funds and related fines. At stake is a breathtaking amount of money that includes CARES Act funding, all of which has been contingent on compliance with the Title VI of the Civil Rights Act of 1964.

The documented facts may also have put Democrats and their allies (in that word’s traditional and critical race theory definitions) in a large political bind.

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A Betrayal of Representative Democracy

by Emilio Jaksetic

Citing the public health danger of COVID-19, the House of Representatives on May 15 passed H. Res. 965, a rule allowing Members of the House to vote by proxy. Passage of that rule was a blow to representative government in the United States and an affront to the right of Americans to be represented in Congress by the people they elected.

Six of the seven Virginia Democratic Members of the House voted for this historic betrayal of the American people: Don Beyer (VA-8), Gerald Connolly (VA-11), Donald McEachin (VA-4), Bobby Scott (VA-3), Abigail Spanberger (VA-7), and Jennifer Wexton (VA-10). (The only exception was Rep. Elaine Luria, VA-2.)

Congressional Democrats embraced an inappropriate analogy by voting for H. Res 965. Stockholders own and control their voting rights because they own the stock.  Members of a homeowners association own and control their voting rights because they own their homes. By contrast, the right to vote in Congress is not property that can be transferred to another by proxy; votes are held in trust by Members of Congress as the agents of the people of their congressional district.  Proxy voting based on personal property rights cannot justify proxy voting by elected officials. Continue reading

If You Pay Full Price for Flood Insurance, Ask our City/County Manager Why

Roanoke flooding in 1985

by James C. Sherlock

There were lots of comments in my last post about government programs to mitigate flooding damage in flood plains, specifically about buying and tearing down houses that repeatedly flood.

One of the carrots to do so is Community Rating System (CRS) discounts to flood insurance in communities that take an active role in flood plain risk mitigation.

CRS is a part of the National Flood Insurance Program (NFIP).  It is an incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements.

When that happens, not only is the risk of flooding diminished, but flood insurance premium rates for all citizens of a community that accomplishes the goals are appropriately discounted to reflect the reduced flood risk.

To quote the program web page,

“For National Flood Insurance Program Community Rating System participating communities, flood insurance premium rates are discounted in increments of 5 percent.

Continue reading

Boomergeddon vs Modern Monetary Theory (MMT)

by DJ Rippert

Saving America’s bacon. In 2010 Jim Bacon, blogrunner of this site, wrote a book titled Boomergeddon. The sub-title of the book is, “How Runaway Deficits and the Age Wave Will Bankrupt the Federal Government and Devastate Retirement for Baby Boomers Unless We Act Now.” The book is well written and contains considerable supporting detail but that sub-title pretty much sums things up. At the time of publication Bacon’s book amplified the conventional wisdom of the day — deficits are bad and, as our president might say, big deficits are bad bigly. That traditional belief has come under scrutiny lately. One leading critic of the theories espoused by Boomergeddon is Stephanie Kelton, an economics professor at Stony Brook University and former advisor to the Sanders campaign. Her new book, published in 2020, is titled, The Deficit Myth.  One paragraph from the description of Kellon’s book on Amazon.Com sums up her thesis vis-a-vis Boomergeddon. “Kelton busts through the myths that prevent us from taking action: that the federal government should budget like a household, that deficits will harm the next generation, crowd out private investment, and undermine long-term growth, and that entitlements are propelling us toward a grave fiscal crisis.” Kelton believes the United States has considerably more room to incur debt without causing economic harm and we should get about the business of incurring more debt. Paying homage to her Democratic-Socialist roots, Kellon sub-titled her book, “Modern Monetary Theory and the Birth of the People’s Economy.”

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BE HEARD Act Could Cripple Virginia Small Businesses

How about a law banning government harassment and hostile business climates?

by Hans Bader

Small businesses in Virginia could face a very different business climate next year due to Joe Biden’s support for laws like the BE HEARD Act. It could easily become law if Democrats take control of Congress and the presidency (as most pollsters expect).

Under the BE HEARD Act, even the tiniest employers with only one or two employees will face unlimited liability in lawsuits, for things like discrimination, or harassment committed by an employee. It would also redefine sexual harassment in an overly broad and confusing way that could lead to small businesses being liable for trivial acts or comments by an employee. These small businesses would also be liable for attorneys fees that could dwarf what they end up paying workers who sue them.

Right now, small businesses in Virginia aren’t covered by most federal discrimination laws like Title VII, unless they have at least 15 employees. This doesn’t mean they can get away with being racist. If they intentionally discriminate based on race, they can be sued under a federal race discrimination law that covers even the smallest employers, 42 U.S.C. 1981. And if they fire someone for a non-race-based reason — such as their sex, age, or religion — they can be sued under Virginia state law, if they have more than five employees (although punitive damages in such lawsuits are limited to $350,000.) Continue reading

What a Long, Strange Trip It’s Been

By Peter Galuszka

Back in the winter of 2015, Craig Vanderhoef, a former Navy captain, got a disturbing surprise in his mailbox at his retirement home near Afton in Nelson County. A letter from Dominion Resources noted that it wanted to survey his land for a new 600-mile-long natural gas pipeline.

On two occasions, he wrote the utility telling them no. Then he got another surprise. A sheriff’s deputy knocked on his door to serve him with papers notifying him that Dominion was suing him to get access to his property.

In short order, about 240 Virginia landowners were on notice that they too might be sued for Dominion’s proposed Atlantic Coast Pipeline. The county sheriff was notified that he, too, was being sued, although it was an error.

Thus, the stage was set for one of the nastiest environmental and property rights battles in Old Dominion history.

It centered around the Atlantic Coast Pipeline that would run from Harrison County, W.Va. across the rugged Appalachians, down through some of the most peacefully bucolic land in the Virginia., to Union Hill, a mostly African-American community in Buckingham county and on into North Carolina, running through the Tar Heel state’s mostly African-American concentration along its northeastern border with Virginia. Continue reading

I Remember Stonewall

The day they drove old Dixie down. Removal of the Stonewall Jackson statue on Richmond’s Monument Ave. Photo credit: Associated Press

By Peter Galuszka

Confederate statues are finally coming down in Richmond and other Virginia cities, including one of Thomas “Stonewall” Jackson. There have been outcries by sentimental mythologists and apologists on this blog and elsewhere about how “mob rule” is forcing issues and so on.

Since some bloggers here have come up with their version of positive biographies about some of the figures, notably Matthew Fontaine Maury, an early oceanographer and Confederate Naval officer, I thought I’d weigh in on my own personal experience with Stonewall.

Jackson was born on Jan. 24 1824 in what was then Clarksburg, Va., and grew up about 20 miles south in Jackson’s Mill near Weston Va. Then in 1863, irritated about Richmond’s racial policies and economic favoritism, residents seceded and created West Virginia which supported the North in the Civil War.

By coincidence, I moved to the Clarksburg area in 1962 from the D.C. area when I was nine years old and resided there until 1969.

It wasn’t exactly the “Southern” experience others seem to recall. For one thing, the homeland of “Stonewall” did not have many slaves or African-Americans. The area of Harrison County, however, held fairly mixed views about slavery and allegiance. While Jackson, a West Point graduate went with the South, his sister was loyal to the North. (For more details about Jackson’s life, read James L. Robertson Jr.’s excellent 1997 biography.) Continue reading

Spanberger Vs. Trump

Rep. Abigail Spanberger

By Peter Galuszka

U.S. Rep. Abigail Spanberger, D-7th District, continues to draw international attention as a “New Look” Democrat from Virginia who is savvy about the intelligence community and global affairs.

The former CIA case officer was featured on CNN criticizing the administration of Donald Trump for ignoring reports that Russian military intelligence had paid bounties to the Taliban in Afghanistan to kill U.S. troops and members of the pro-U.S. coalition there.

Her comments were picked up by the British newspaper, the Guardian. This may be the first time that a woman Member of Congress has gotten so much exposure beyond borders of the Old Dominion.

Neither Dave Brat nor Eric Cantor, her Republican predecessors in the 7th district that includes parts of the once reliably Red Richmond suburbs of Chesterfield and Henrico, has gotten such exposure. The only other woman who has come close is U.S. Rep. Elaine Luria, a Democrat and former Navy officer who represents the 2nd District that includes Virginia Beach, another area that was once reliably Red. Continue reading

(Almost) Free Money

By James C. Sherlock

Steve Haner’s superb column on the state budget turned attention to federal aid to state and local governments. It is worthwhile to review where the feds get that money.

James T. Agresti, CEO of Just Facts (chart above), has written recently hat U.S. debt-to-GDP ratio is four times the historical average and climbing:

“The US national debt has just reached 120.5 percent of the nation’s annual economic output, breaking a record set in 1946 for the highest debt level in the history of the United States. The previous extreme of 118.4 percent stemmed from World War II, the deadliest and most widespread conflict in world history.”

The Federal Reserve

The Fed’s dual mandate from Congress is to maximize employment and stabilize prices. The Fed floods the economy with money in times like this and is supposed to sop it up with higher rates when the economy appears to overheat and prices rise too fast. Continue reading