Category Archives: Government Oversight

Gerald Smith: Richmond’s New Top Cop

By Peter Galuszka

FYI, here’s a piece I did for Style Weekly about Richmond’s new p0lice chief, the third in about a month, and his interpretation on the problems of law enforcement in this period of defunding.

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

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

BR’s COVID-19 Parallel Universe

By Peter Galuszka

Almost every morning, I wake up a little before dawn, make coffee, let the dog out and feed her and start reading the news.

I take The Washington Post in print along with The New York Times, Richmond Times-Dispatch, The Virginian-Pilot, NBC News, various television stations and, of course, Bacon’s Rebellion online.

Later in the morning, I check out Blue Virginia, Virginia Mercury and RVA.

When it comes to the COVID-19 pandemic, every morning I step into two different universes.

One gives me the global and national view that jumps right in and explains where we are with the virus and who and what are at risk.

The other view, that of Bacon’s Rebellion, mostly paints a very different picture. This view insists that the pandemic is exaggerated and overrated, needless regulations are being enacted by a dictatorial governor, our school system and housing trends are at risk and we should open everything up right now. Continue reading

COVID Regs Unclear, Unneeded, Contradictory

By Steve Haner

More than two dozen Virginia business associations have asked that the state’s Safety and Health Codes Board reject proposed workplace regulations to prevent COVID-19, stating they are unclear, contradictory, and not needed in light of other existing worker protections.

Some of the largest statewide associations, such as the Virginia Manufacturers Association, National Federation of Independent Business, and Virginia Retail Federation are on the list. So are some regional chambers of commerce and the Thomas Jefferson Institute for Public Policy. You can read their 13-page submission here. The conclusion reads:

“It is unreasonable to apply “one size fits all” COVID-19 regulations to all employers and employees.  Codifying guidance is not a reasonable replacement for regulation. It is confusing why after three months, the Regulations are being pursued through an emergency procedure, especially after OSHA (Occupational Safety and Health Administration) rejected the AFL-CIO’s petition for an emergency temporary standard for COVID-19 and the US Court of Appeals for the District of Columbia Circuit denied their petition for a writ of mandamus to compel OSHA to issue an Emergency Temporary Standard for Infectious Diseases.”

The draft rules (here) and a related 200-page briefing package (here) have only been available since June 12. The public comment period closes tonight, and the board is set to meet Wednesday, in a format where the public can only watch. More details are provided in a Bacon’s Rebellion post from this weekend.

Continue reading

The Ups and Downs of Felix Dzerzhinsky

Felix Dzerzhinsky toppled. Photo credit: AP Photo/Alexander Zemlianichenko.

By Peter Galuszka

For three decades, a 15-ton statue of Felix Dzerzhinsky loomed over a square in downtown Moscow. He rose high near the Lubyanka building, a turn of the century, yellow-colored one-time insurance office that served as the national headquarters for the KGB.

“Iron Felix,” born of Polish nobility, is best known as V.I. Lenin’s henchman, the leader of the Red secret police who orchestrated the deaths of hundreds of thousands during the Russian Civil War. He became regarded as the grandfather of various Soviet security agencies, including the MVD, NKVD, KGB and now the FSB and SVR.

Then in August 1991, Soviet hardliners attempted a coup against Mikhail Gorbachev, the reform-minded Communist Party chief. The coup failed, touching off a storm of retribution.

As many as 1,320 statues of Lenin cross the country came down. Leningrad became St. Petersburg, the Kirov Ballet reverted to its old name, the Mariinsky Ballet, and the city of Moscow ordered the statue of Felix taken down.

In order words, there is a strong similarity between what happened just before the Soviet Union fell apart in December 1991 and what is going on today in this country, especially in Virginia. Continue reading

Virginia Regulations for the Licensure of Nursing Facilities Violate Virginia Law

James C. Sherlock

The weaknesses of Virginia’s nursing facility (NF) and skilled nursing facility (SNF) system have been exposed by COVID-19 with deadly consequences. 

Virginia’s licensing regulations applicable to these facilities are both part of the problem and violate Virginia law. 

This essay recommends an straightforward permanent fix that will bring Virginia regulations into compliance with Virginia law, save considerable money and eliminate state standards that conflict with federal standards for the same facilities and thus contribute to regulatory chaos.

Regulations

Virginia regulations must be changed to conform to federal Medicare and Medicaid regulations for long-term care facilities to comply with the clear direction of Code of Virginia § 32.1-127. That law requires that Virginia regulations for hospitals and nursing homes “conform” to “health and safety standards established under provisions of Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act.”  Continue reading

Our Gutsy Governor

By Peter Galuszka

On June 24, 2015, Nikki Haley, a Republican who was South Carolina’s first non-white governor, called for the removal of a Confederate flag that had been flying over the state’s capitol grounds for years.

“This flag, while an integral part of our past, does not represent the future of our great state,” she said. Her action came a few days after an avowed white supremacist walked into an African-American church and opened fire, killing church members attending a service.

I was watching the news on TV when she made her gutsy move. I was deeply impressed.

And now, Ralph Northam, a Democrat who is governor of Virginia, has taken a similarly gutsy move. He has ordered that the state-owned statue of Confederate General Robert E. Lee be removed from its stand on Monument Avenue in Richmond. It has been there for about 130 years, erected by white supremacists with deep sentiment for their romantic myths of Southern history.

“I believe in a Virginia that learns lessons from our past and we all know that our country needs that example right now,” Northam said. Continue reading

Beware Fake Tweets

The Internet Research Agency in St. Petersburg, Russia

By Peter Galuszka

Around midnight Monday, reporters in downtown Washington D.C., stood by ready to cover the next round of protests about the slaying of African Americans by police.

They started getting tweets marked #dcblackout suggesting that internet service was being interrupted because of a secret program presumably run by the government that would cut them off.

The curious thing, NBC News reported, is that the reporters’ cell phones worked just fine. Later Twitter was contacted and began to investigate. It was curious that the questionable tweet seemed to be coming from the left-wing ANTIFA group that is said to have helped organize protests around the country.

A tweet labeled as been sourced with ANTIFA proclaimed “Tonight’s the night, comrades. Tonight we say F&*^The city and we move into the residential areas, the white hoods and we take what’s ours.”

Twitter quickly uncovered the problem. The tweets were fakes put out by a far-right white nationalist group called Identity Evropa. Twitter took down the sites because they violated the company’s policy against using social media to incite violence, NBC reported. Continue reading

The Real Danger with ANTIFA

By Peter Galuszka

Get ready. The names of all kinds of leftist organizations are going to be kicked around as the masterminds behind violent, cop-beating looters, especially the so-called ANTIFA movement in Virginia and across the country..

But what is reality? I don’t have clear answers but I have some ideas to share since I have been dealing with activist groups since I was in high school in the late 1960s. I hope they help this blog’s discussion.

First, there’s plenty of research available about ANTIFA and there are already plenty of reports about it. It is not a single group but a very loose collection of autonomous activist groups, most of which do not advocate violence. For reference, see yesterday’s Daily Beast piece with the blunt headline, “Trump’s ‘ANTIFA Threat Is Total Bullshit – And Totally Dangerous.”

That article and plenty of others note that ANTIFA, or whatever it is, has no clear chain of command and uses ultra-fast social media to alert other activists about rallies and protests but has no control over them. If you are thinking about the tightly-controlled and secretive Communist cells of the past century, you are not getting it. Continue reading

Why Is Our Governor Ignoring His Own Orders?

By Steve Haner

If the overall case fatality rate for COVID-19 is 4 tenths of one percent, as the Centers for Disease Control just estimated, then perhaps 300,000 Virginians have or have had the disease.  That’s working the math backwards from the 1,200 Virginia deaths reported so far.

The chart below snipped from the CDC’s report shows four possible scenarios and the fifth column is marked “most likely” case fatality rate. As we all now know, age is the key factor, and the death rate for persons 65+ is the highest, perhaps as high as 3.2%. But the CDC thinks most likely it is 1.3% in that group, and as low as 0.05% for those under 50 (5 deaths in 10,000 infections).  Continue reading

“The Dog Ate My Homework” Does Not Work for VEC

By Dick Hall-Sizemore

The Virginia Employment Commission has been inundated with unemployment insurance claims. Virginians seeking to file claims have been frustrated at not being able to get through to the agency with their questions and by delays in receiving payments.

All of this was the subject of a meeting and presentation to a Senate Committee on Tuesday as reported by the Daily Press. As has been speculated by Steve Haner in his comments on this blog, the Unemployment Trust Fund is in the hole. According to a presentation by the VEC to the Senate Committee, the trust fund balance has gone from $1.5 billion at the beginning of FY 2020 to a projected -$500 million.

None of that is too surprising. What did intrigue me, however, was an excuse often made by agencies — antiquated technology. A VEC spokeswoman explained that it was put into place in 1985.  As far as the VEC is concerned, that excuse will not suffice.

The 2004 Appropriation Act provided VEC almost $21 million to “upgrade obsolete information technology systems.” Two years later, the 2006 Appropriation Act included language authorizing VEC to utilize $51 million in federal funds “to upgrade obsolete information technology systems.” That identical language was included in every Appropriation Act since then. In a 2020 budget decision package submitted to the Department of Planning and Budget, VEC said that the upgrade “is scheduled to be completed prior to the end of fiscal year ending June 30, 2021” and offered to return $3.2 million of the appropriation.

There may be good reasons why it has taken VEC more than 15 years to upgrade its information technology systems. At the very least, VEC owes the General Assembly an explanation. Going further, JLARC should investigate this delay. Unemployed Virginians deserve better than a shrug and the modern version of “the dog ate my homework.”

WTJU Podcast: COVID-19 and the Economy

By Peter Galuszka

Here’s is the twice-monthly podcast produced by WTJU, the official radio station of the University of Virginia. With me on this podcast  are Nathan Moore, the station general manager, and Sarah Vogelsong, who covers, labor, energy and environmental issues across the state for the Virginia Mercury, a fairly new and highly regarded non-profit news outlet. Our topic is how Virginia is handling the economic fallout from the COVID-19 pandemic.

Why Northam Is Such An Important Governor

By Peter Galuszka

This is a bit like throwing chum at a school of sharks, but here is my latest in Style Weekly.

I wrote an assessment of Gov. Ralph Northam that is overall, quite positive. My take goes against much of the sentiment of other contributors on this blog.

They are entitled to their views but, to be honest, I find some of the essays shrill and not really fact based. If Northam wants to delay elective surgeries at hospitals for a week or so, some want to empanel a grand jury.

An acute care health facility in Henrico County becomes one of the most notorious hot spots for coronavirus deaths and it is immediately Northam’s fault even though the care center has had serious problems that long predated the governor’s term in office.

He’s a trained physician who served as an Army doctor in combat during the Iraq War yet he is vilified as being incompetent and incapable of understanding the COVID-19 pandemic.

It’s like the constant repetition of the “Sins of Hillary” on Breitbart and Fox News about emails and Benghazi.

Like him or not, Northam is bound to be one of the most consequential governors in Virginia history given the gigantic problem of the pandemic. He’s not a showboat salesman like Terry McAuliffe nor a smarmy, small-time crook like Robert F. McDonnell.

Anyway, here’s the piece.

Notes from the Right Wing Echo Chamber

By Peter Galuszka

On Wednesday, I was standing next to the Capitol grounds in Richmond watching brightly decorated cars and pickups drive on 9th Street, their horns blaring.

I was attending the drive by protest rally on assignment for Style Weekly and happened to speak to Jason Roberge, a Spotsylvania County resident who is one of several Republicans hoping to oust U.S. Rep. Abigail Spanberger, a former covert CIA officer who represents the 7th Congressional district.

Roberge was there to protest what he says is Gov. Ralph Northam’s “terrible job” in temporarily shutting down businesses to prevent the spread of the COVID 19 virus. The rally was part of a series of protests across the country that are being set up on cue from right-wing activists.

Roberge told me: ”I hear he’s (Northam’s) down on North Carolina beach while this is going on.” As he spoke the House of Delegates was holding a special session under an outdoor tent nearby while the Senate presided at the Science Museum of Virginia.

Northam at the beach? It turns out that the conservative echo chamber has been peddling a story, firmly denied by Northam’s office, that he was at his house in Manteo, N.C. not far from the beaches at Nags Head during the special General Assembly session. Continue reading