Category Archives: Politics

Crazy Time in Virginia

David Toscano

Del. David Toscano, D-Charlottesville, is an old-school, moderate liberal Democrat. He consistently earns low ratings from conservative groups (only 7% from the American Conservative Unions) and high ratings from core Democratic constituencies (100% by the Virginia Sierra Club and 100% from the Virginia Education Association.” But, like many old-school Democrats, he’s fairly pro-business. The Virginia Foundation for Research and Economic Education (Virginia FREE) gives him a lifetime rating of 72%, and even the fiercely small-government National Federation of Independent Business (NFIB) gives him 50%.

Sally Hudson

And that, it seems, is just too darn conservative for some Charlottesville-area Democrats. Sally Hudson, an assistant professor of public policy, education and economics at the University of Virginia, announced Tuesday that she intends to run against the House Minority Leader in the Democratic Party primary next year, reports the Daily Progress.

Hudson’s campaign said it’s time for the area to send someone with “more progressive values” to Richmond.

“I think Charlottesville is ready for new leadership, and Charlottesville is ready to lead,” Hudson said in a press release. “We’re one of the strongest Democratic districts in Virginia. We should be setting the agenda. We should be setting the bar.”

Bacon’s bottom line: With the mauling of Corey Stewart in his bid for Sen. Tim Kaine’s U.S. Senate seat and what many think is the inevitable transfer of power from Republicans to Democrats, the Republican Party of Virginia is in severe disarray. The GOP doesn’t know if it’s the populist party of Donald Trump or the party of traditional conservative principles. Republican morale is in the basement.

Meanwhile, with electoral and funding strongholds in Northern Virginia and Charlottesville, the Left in Virginia is stronger than it has ever been. And the Tom Periello wing of Virginia’s Democratic Party doesn’t have much more patience with old-school liberals like Toscano (or Ralph Northam) than it does with Republicans. If there’s anything that can reinvigorate Virginia’s GOP, it’s a Leftist purge of old-school Democratic Party politicians such as Toscano, and the elevation of candidates who make Republicans look tame and moderate by comparison.

Stay tuned. The 2019 House and Senate elections will get more interesting than you think.

Marijuana arrests and racism in Virginia (especially Arlington County)

Reefer madness.  The upcoming debate in the Virginia General Assembly over decriminalizing possession of small amounts of marijuana may have racial overtones.  VCU Capital News Service studied the data for marijuana arrests in Virginia from 2010 through 2016.  African Americans were 3.2 times more likely to be arrested for marijuana crimes than whites.  At the same time separate research shows almost no difference in marijuana use between white and black Americans.  Across America it’s even worse.  Nationally, a black person is 3.73 times more likely to be arrested for a marijuana crime than a white person.

Location, location, location.  VCU Capital News Service breaks down the data by locality.  You can find the numbers here.  The only jurisdictions where the per capita arrest rate for whites is higher than blacks are those counties where the population is so low that a single arrest can make a statistical difference.  Highland County, for example, averaged 13 African American residents over the study’s time period and none of the 13 were arrested for marijuana crimes.  Two white people (out of about 2,200) were arrested for marijuana crimes in Highland County.  In all of Virginia’s populous localities the African American arrest rate was notably higher than the corresponding rate for white people.  In Hanover County for example, blacks were arrested at a frequency 6.3 times that of whites.

Libtopia.  Anybody who has ever been to Arlington County knows that safe spaces are mandated by the building codes, snowflakes can be seen in July and rainbow colored unicorns prance in the bike lanes.  It’s a progressive paradise.  So it probably comes as a surprise that African Americans were more than eight times more likely than whites to be arrested for marijuana crimes in Arlington from 2010 – 2016.  Arlington County’s Board has five Democrats, no Republicans and no independents.  The lone independent (John Vihstadt) was defeated in November.  How is it possible for the Lions of Libtopia to turn a blind eye to rampant racism occurring in their social justice warrior wonderland?

The Hook is dope.  If you do want to posses marijuana you ought to consider residing in the City of Charlottesville (25 total arrests per 100,000 residents) rather than the City of Emporia (1,595 total arrests per 100,000 residents).  You are 64 times more likely to get a reefer bust in Emporia than in Charlottesville.  Does anybody think that the people of Emporia use marijuana 64 times more often than the people in Charlottesville?  In fairness, I95 comprises about 1/2 of the border of Emporia so many of the arrests may be people using that highway.  However, Falls Church (51) vs Fairfax City (589) makes one wonder.

Unfair at any speed.  As the General Assembly considers decriminalizing the possession of small amounts of marijuana it should also consider the fairness of the present system.  Vast differences are observable in the enforcement of marijuana laws across race and location.  In locality after locality you are more likely to be arrested for marijuana if you are black vs white.  The City of Charlottesville (pop 45k) made 11 marijuana related arrests from 2010 through 2016, fewer than 2 per year.  The City of Danville (pop 43k) made 354 arrests over the same period, over 50 per year.

— Don Rippert

Virginia to Consider New Marijuana Decriminalization bill in 2019 General Assembly Session

If at first you don’t succeed … State Sen. Adam Ebbin (D-30) has pre-filed a 2019 bill to decriminalize possession of small amounts of marijuana in Virginia. The matter will be taken up in the General Assembly session in early 2019.  Last year Ebbin patroned a similar bill that was defeated 9-6 in the Senate Courts of Justice Committee along party lines.

Still illegal.  The new Ebbin bill, like the one in 2018, proposes to decriminalize (rather than legalize) the possession of small amounts of marijuana in the Old Dominion. The law presently in place provides for a maximum $500 fine and up to a 30 day jail term for the first offense.  Penalties escalate for subsequent offenses. Ebbin’s proposed bill makes possession of a small amount of marijuana a civil offense with fines of $50 to $250 depending on a variety of circumstances such as whether it was the first offense or a subsequent offense.

Another loser for the RPV / GOP.  The vast majority of Americans and Virginians support the decriminalization of marijuana. In fact, a notable majority of Americans and Virginians go so far as to support legalization of marijuana. Yet the supposedly liberty loving, regulation hating Republican Party has done everything it can to oppose both decriminalization and legalization. As previously mentioned, the nine Republicans on the Senate Courts of Justice Committee blocked full house consideration of Sen Ebbin’s bill in 2018. At the national level it’s much the same. Rep. Earl Blumenauer (D-OR) has written a “Blueprint to Legalize Marijuana” .  It’s a pretty simple plan … take control of the House then enact marijuana reform. Up until now that blueprint was blocked by the House Rules Committee led by its chairman, Pete Sessions (R-TX).  But things are different now that the Democrats have taken control of the house.  Plant prohibitionists like Rep Sessions are no longer calling the shots.

2019. Another year, another marijuana decriminalization bill in the Virginia General Assembly. What will become of SB997 in 2019? My guess is for a repeat of 2018 with Republicans killing the bill in committee.

Demographic changes? There has been a lot of discussion about the recent federal election on this blog. Much has been made of how the success of Democrats in Virginia is an inevitable consequence of demographics and the influx of those from outside Virginia. Some have even taken to calling Virginia the southernmost northeastern state. Balderdash. The real problem is that Virginia’s Republican politicians and the RPV are clueless. The question of marijuana reform crosses demographic boundaries. Middle-aged adults are using marijuana at an increasing rate. Last year, all nine of the Republicans on the Senate Courts of Justice Committee voted to block the decriminalization bill. At the same time 76% of the Virginians these Republicans claim to represent support marijuana decriminalization. Meanwhile, arrests in Virginia for marijuana rose 20% in the last year. Arrests for a “crime” that more than three quarters of Virginians don’t think should be a crime are skyrocketing while the aged political elite in the RPV blocks so much as a full vote on the matter. I wonder why the Republicans keep losing in Virginia? It has far more to due with a lack of competence than a change in demographics.

— Don Rippert

Grousing on a Grey and Wet Friday

Source: Blue Virginia

“It’s the end of the world as we know it.” 

More than 30 years ago I told Jim Gilmore that his election as Henrico County Commonwealth’s Attorney was the most important Republican victory on the ballot that year, so it’s only fair to recognize that the real bell weather Tuesday was the election of a Democrat to the same job in Chesterfield County.

Chesterfield.

The folks at Blue Virginia have a simple set of charts displaying the harsh reality Republicans face in 21st Century Virginia, now the southernmost Northern state due to several demographic waves and several GOP tactical mistakes.  Perhaps it’s not quite time to find that old phone booth a previous generation of Virginia Republicans used as a meeting place, but a coming federal court revision to the legislative map may pull forward the final chapter to the Great Fall from Power to 2019 instead of 2021.

It’s news when the Chamber is handing out a bunch of F’s

Here’s a new twist in the on-going saga of which stories on electronic media “news” outlets win the brass ring of inclusion in the daily VPAP summary.  The office of Speaker Kirk Cox issued a press release about some pro-business rankings for members of his caucus, which was dutifully printed (with no additional reporting content) on the party organ The Republican Standard.

That partisan news release shows up in today’s VPAP summary, which as loyal readers of Bacon’s Rebellion know is no longer happening with the writings of James Bacon or yours truly.  We were (are) producing many stories with actual reporting and great fairness, digging deeper than the ideological or party line, but aging curmudgeons that we are we also engage in biting commentary in other posts.

Apparently, the difference is that the GOP organ has an obvious bias, which is also the case with the Virginia Mercury coming from the left, but we at Bacon’s Rebellion can be unpredictable (well, I can).  Yes, the reporting at Virginia Mercury ranges from fine to excellent, but so does mine and Jim’s, and given encouragement I could do it more. Something else is going on here, I must suspect.

Ironically, my commentary pieces are just fine for VPAP if I get them published first in The Washington Post or the Richmond Times-Dispatch, but my news writing on Bacon’s site is tainted. I swear, you need a map to follow this logic.

And while we’re addressing that Chamber ranking

You will search in vain for any indication of which specific roll call votes were used to separate sheep and goats on this ranking produced by the Virginia Chamber of Commerce. Absent that minor element of transparency, it must be taken with a handful of salt. That may explain why no news outlet wrote about it (but Speaker Cox got it out to everybody, understandably).

I once was the Chamber’s chief lobbyist and such a partisan outcome would have made me very nervous, very concerned that it would burn bridges with an entire political party. The “grades” are going to be used heavily in campaign mailings and ads, perhaps providing counterweight to similar rankings with a different tilt. But any of them which do not reveal the underlying roll calls are suspect.

At the same time as that conversation with Gilmore mentioned above, there existed an annual poll on effectiveness in state government. Norfolk’s Virginian-Pilot sent out a survey to legislators, gubernatorial appointees and lobbyists asking who was and who wasn’t “effective” in Richmond. The results were predictable, given Democratic dominance of Richmond at the time, and proved an annoying problem in each campaign against an incumbent Democrat.

After a couple of years of our beating on the Pilot, they stopped doing it. It was truly bogus – of course a committee chairman with 20 year of experience is going to be ranked higher, and of course the partisan imbalance in the sample would skew the outcome. The difference with this is……impossible to judge without full disclosure.

And yes, in part I’m pushing this because I am sure that Senate Bill 966 which did so much damage to Virginia’s electricity consumers (including business consumers) was included as a pro-business vote at the behest of one of the Chamber’s largest members. Let’s see how the other bills match the Chamber membership list. I was on the committee for Virginia FREE years ago, and time after time a Virginia FREE donor demanded that its sponsored legislation make the scorecard as a pro-business vote.

The case for legalizing recreational marijuana use in Virginia

Caveat.  While I have no moral objection to the possession of marijuana I do not espouse breaking the laws of the Commonwealth of Virginia.  I believe the marijuana laws in Virginia should be changed but, until they are changed, I encourage everybody to obey the laws as they are presently written.

Strive for five.  I believe the five key reasons for legalizing recreational marijuana use in Virginia for adults are liberty, the failure of the current approach, costs of enforcement – both financially and in terms of racial bias, the economic benefits to the state and the inevitability of legalization.  Each will be discussed in turn.

Democracy, liberty and freedom.  The first and most important reason to legalize recreational marijuana use in Virginia is philosophical.  Our political leaders in Richmond speak in hushed, reverential voices about “Mister Jefferson”.  They then turn around and ignore the fact that a significant majority of Virginians favor legalizing marijuana.  Somehow, our political leaders seem to think that banning a plant against the wishes of a majority of the electorate is commensurate with Thomas Jefferson’s ideals of democracy, liberty and freedom.  Perhaps our General Assembly should start referring to Thomas Jefferson as “ole what’s his name” until they can demonstrate some willingness to adhere to Jefferson’s actual views on liberty, etc.

Pot prohibition has failed.  Federal, state and local efforts to make and keep marijuana use illegal have not curtailed its use.  Our government has been busily trying to ban marijuana since 1937 and raised the stakes considerably with the Controlled Substances Act (which became effective in 1971).   Nearly 50 years after the federal government made marijuana a Schedule 1 “narcotic” its use continues to rise.

Enforcement and racial bias.  The enforcement costs needed to continue the ineffective prohibition of pot are very high.  In Virginia authorities have made 133,000 arrests for marijuana possession over the past 10 years.  10,000 Virginians are convicted of a first time marijuana possession offense every year. In fact, marijuana arrests in Virginia increased over the past year.  Worse yet, the arrests are heavily weighted against African-Americans.  VCU studied the data in 2015.  As NORML calls out, “That study concluded that blacks account for nearly half of all marijuana possession arrests, but comprise only 20 percent of the state population.”  Some parts of Virginia are far worse than that.  “In some counties and towns, such as in Hanover County and in Arlington, Virginia, the black arrest rate was six to eight times that of whites.”  These arrest ratios completely diverge from studies showing that marijuana use is roughly the same between backs and whites.

Economics.  The Kansas City Federal Reserve studied the economic impact of marijuana legalization on the state of Colorado … “In 2017, the state of Colorado collected more than $247 million from the marijuana industry, including state sales taxes on recreational and medical, special sales taxes on recreational, excise taxes on recreational and application and licenses fees.”  Given that Virginia’s population is 42% bigger than Colorado’s a straight line interpolation would suggest $353m in annual taxes in Virginia.  That total does not count the savings from reduced law enforcement nor does it include the potential profit generated for the state if the legal marijuana were sold through Virginia ABC stores.

Inevitability.  Nine states and DC have legalized marijuana.  Michigan and North Dakota will vote on adult use marijuana legalization this November.  This week the entire country of Canada legalized the recreational use of marijuana.  Once again Virginia is being surrounded by progress and once again Virginia is standing slack jawed and rheumy eyed as a philosophical island of obstinate resistance to inevitable change.

– Don Rippert.

Encroaching Mob Rule

Corey Stewart needs a bigger loudspeaker. Photo credit: Washington Post

I’ve never had much use for Corey Stewart’s populist, in-your-face brand of politics. But some of the people opposing him aren’t any better.

Stewart, who is running for U.S. Senate against Tim Kaine, held a rally yesterday outside the Immigration and Customs Enforcement offices in Fairfax County to express his outrage, as the Washington Point news article puts it, “over an unlikely effort to abolish the federal agency.”

Less than 50 feet from Stewart and his nearly 40 supporters, counterprotesters banged pots and pans while playing Latin American music over a loudspeaker in hopes of drowning them out.

Groups like La ColectiVA social justice collaborative and the Metro DC Democratic Socialists of America, which took part in the counter-protest, feel increasing license to interfere with the right of their political opponents to peacefully assemble, speak… or even just dine quietly in a restaurant. Belligerence and rudeness can be found across the political spectrum, but the Left is the side trying to chase the Right from the public sphere, not the other way around.

Stewart handled the situation with good grace. “I want to thank the people in the back for providing tonight’s entertainment,” he said. “Those goofballs in the back don’t want to talk about” the crimes committed by illegal immigrants, he added.

Stewart could have won some sympathy from the incident. But then he falsely (according to the Washington Post) accused Kaine of wanting to abolish the Immigration and Customs Enforcement office. Note to Stewart: You don’t win votes by hurling falsehoods against your opponent.

A lot of people are getting fed up with the Left’s flirtation with mob rule. Instead of making charges that can be easily swatted down, perhaps Stewart should ask Kaine if he condones the tactics of La ColectiVA and the Democratic Socialists of America. The Senator has no easy answer. Either he criticizes his supporters on the far Left, he goes squishy on mob rule, or he refuses to respond, which makes it looks like he has something to hide. For Stewart, that’s a no-lose proposition.

Legalized Medical and Recreational Marijuana Use Appear to Hurt Alcohol Sales

High times.  In a recent Bacon’s Rebellion column … Will Virginia Legalize Recreational Marijuana Use … I noted that well over 20% of Americans now live in states that have legalized the recreational use of marijuana.  In the column I wondered whether our General Assembly’s reluctance to address the question in a meaningful way might be attributable to Virginia’s unholy trinity of political corruption:

  1. Unlimited campaign contributions
  2. Opposition by well heeled vested interests (i.e., the alcohol manufacturing, distribution and retail industry)
  3. Essentially non-existent rules on the use of, or reporting on, campaign contributions

My hypothesis was that a river of money flows from Virginia’s alcohol industry into the pockets of our elected officials.  The alcohol industry is opposed to legalizing marijuana since legalization hurts alcohol sales.  Meanwhile, our elected officials want to keep the money flow going since it funds not only their re-election plans but also dinners at Bookbinders, golf outings, private clubs and all sorts of other goodies.  Therefore, legalization of marijuana is intentionally stalled in Virginia.  Virginia’s reputation as America’s Most Corrupt State is, in my opinion, well established.  However, the question of whether legalized marijuana use hurts alcohol sales needs to be further examined.

Paging Doctor Weed.  The best information about the impact of marijuana legalization on alcohol sales comes from studies of medical marijuana legalization.  Medical marijuana has been legalized for longer and in more states than recreational marijuana.  Some would say that medical marijuana is a poor proxy for recreational marijuana because medical marijuana is only used to combat disease and therefore is not a substitute for booze.  Yeah, right.  A university study using retail scanner data from 2006 – 2015 found that alcohol sales fell 15% in jurisdictions that legalized medical marijuana.  For the sake of emphasis – this was a study of legal medical marijuana on alcohol sales, not legalized recreational use of marijuana.

The Oregon Trail.  The relationship between legalized recreational marijuana and liquor sales has been studied in Oregon.  In that state, recreational marijuana use is legal at the state level but localities have the right to ban it in their jurisdictions.  A study comparing Oregon localities that allow marijuana sales vs those that don’t found the growth rate of liquor sales for the “booze only” places was faster than in the “booze and reef” areas.  Early days.  Only one year of data.

Miller Time.  A 10-K disclosure by the Molson-Coors company cites legalized cannabis sales as a potential risk to their business. “Although the ultimate impact is currently unknown, the emergence of legal cannabis in certain U.S. states and Canada may result in a shift of discretionary income away from our products or a change in consumer preferences away from beer. As a result, a shift in consumer preferences away from our products or beer or a decline in the consumption of our products could result in a material adverse effect on our business and financial results.”  Four months after citing the business risks of legalized marijuana Molson-Coors announced they are considering the sale of ganja infused beer in Canada.

Rocky Mountain High.  Earlier this year the Aspen Times reported that Aspen’s legal marijuana dispensaries outsold its liquor stores in 2017.  As far as anyone knows, this is the first time such a shift has happened.  I’ll wager it will be far from the last time.

— Don Rippert

Transparency? No, Alignment Drives PAC Decisions

Money In Politics

Abigail Spanberger won’t take money from corporate political action committees but will from ideological political action committees because the issue PACs have their position statements on their web pages.

Spanberger said that Friday to a business organization that donates no political money, Virginia FREE, but there were plenty of big donors or their representatives in the room.  Jeff Schapiro of the Richmond Times-Dispatch was there but didn’t really cover her remarks, other than to note she didn’t mention President Donald Trump (so he kindly did that for her.)

Continuing an argument I have made before, Spanberger’s careful tiptoe through this minefield is additional evidence of the powerful corrupting nature of our campaign finance system.  She tried to put a nice spin on her position that business money is too tainted to accept, blaming that in large part on voter perception.  When “face to face with voters” she hears that in Virginia corporate money has too much influence.

Here is what she says on her campaign web page:  “As we’ve increasingly dealt with the effects of special interests in campaign finance, it’s important that all elected officials take a stand against letting a small group of funders influence our elections. And because my commitment to campaign finance reform starts now, with my campaign, I will not accept any corporate PAC donations.”

Abigail Spanberger

Federal election rules have caps on donations that reformers at the Virginia state level can only dream about.  Corporations cannot write checks directly but must set up political action committees collecting funds from employees using the same strict limits.  She is probably correct however that the average voter has no clue about that.

In response to a line of questions from Virginia FREE director Chris Saxman she said hers was really a “a pro-business stance” because it allows her to meet with business leaders and lobbyists with no talk of money.  It’s “taken off the table.”

But then Saxman asked her about all the groups she does take money from.  Business PACs are only a subset of the giving world.  Special interests abound on all sides.  That’s when she said a big difference is those groups have their agendas on full and open display, but with a company “I can’t go to their website and see what those priorities are.”

Continue reading

Has NoVa Finally Woken Up?

VA-10.  State Senator Jennifer Wexton (D) hopes to unseat Congresswoman Barbara Comstock (R) in Virginia’s 10th Congressional District.  A typically gerrymandered Virginia district, the 10th stretches from inside the Capital Beltway to well west of Winchester.  As a resident of the 10th I watch the elections in that district closely.  This one is shaping up to be a doozy.  Far left Jennifer Wexton is running on an anti-Trump platform while trying to avoid taking a position on any issue relevant to the constituents she hopes to represent.  Meanwhile, Barbara Comstock is running as an embarrassed Republican who tries to avoid gazing east at the current occupant of the Oval Office.  Think Nelson Rockafeller in drag.  All in all I think Barbara Comstock has done a better job of explaining herself and focusing on issues that are relevant to her district.  One issue in particular stands out for me – the allegation that Wexton has sold out Northern Virginia during her time in the General Assembly.

Don’t get Wexton’ed.  Recent negative ads run by the National Republican Congressional Committee (presumably) on behalf of Barbara Comstock hit a point that hasn’t been hit before.  The ads call out Jennifer Wexton for her role in the General Assembly’s massive rip off of Northern Virginia.  The 30 second ads are punchy and direct.  One ad has a graphic that shows money raining out of NoVa into Richmond.  It cites high tolls and NoVa – only taxes.  Needless to say, Jennifer Wexton is the highlighted villain.  Another ad shows traffic jams and tolls in NoVa then cuts to a single car effortlessly driving down an otherwise empty road claiming, “The rest of the state rides for free.”  As far as I’m concerned, the ads are completely on target and finally call out the gutless NoVa politicians we have elected for selling out their constituents.

I wish I could drive I295.  For many people from Northern Virginia there certainly seems to be a vast sucking sound coming from the General Assembly in Richmond.  There also seems to be a two class system when it comes to a lot of things including transportation.  Take Richmond for example … the city, not the state government.  The OMB defines the greater Richmond area as comprising thirteen counties, including the principal cities of Richmond, Petersburg, Hopewell, and Colonial Heights. As of 2016, it had a population of 1,263,617.  Somehow, this qualifies the area for a 4 lane “beltway” called I295.  Meanwhile, the greater Washington area has a population of 6.1m as of 2016.  It also has a 4 lane beltway in NoVa.  An area with 4.7 times the population of Richmond somehow ends up with the same sized highway encircling it as Richmond gets?  And Jennifer Wexton thinks that’s all fine and dandy?  Comstock’s right – let’s not get Wexton’ed.

Thanks, Barbara.  Jennifer Wexton is hardly alone in selling out her constituents.  All 140 seats in the Virginia General Assembly are up for election in 2019 including every state politician claiming to represent Northern Virginia.  It’s high time that all of NoVa’s politicians are taken to task for selling out their constituents.  Hopefully these ads and others like them will continue to haunt the comfy re-election dreams of our political class in Northern Virginia.  If our politicians want to argue about their role in grifting NoVa the approach is easy … clearly and quantitatively document the amount of money taken by state and local government in NoVa and compare it to the amount of money spent by state and local government in NoVa.  Then … defend the difference.  I happen to know that a number of General Assembly members from NoVa read this blog (at least occasionally).  Any of you who read this – are you up for the challenge of demonstrating the fairness of your actions vis-a-vis inflows and outflows of money from NoVa?  I won’t hold my breath.

— Don Rippert

Will Virginia Legalize Recreational Marijuana Use?

High times today.  The marijuana legalization wave is beginning to wash over North America. Nine states (WA, OR, CA, NV, CO, MA, VT, ME and AK) along with the District of Columbia have legalized the recreational use of marijuana.  Well over 20% of Americans now live in states which have legalized recreational marijuana use. On Oct 17 of this year recreational marijuana use will be legalized across Canada. While the various provinces will regulate the sale and use of marijuana in their own unique ways, it will be legal across Canada.

Higher times to come. Several more states are slated to decide the question of legalized recreational marijuana use this November (or sooner)…

Michigan – Voter initiated measure to permit those over 21 to grow and possess personal use quantities of cannabis and related concentrates.  Statewide polling data from this spring shows 61% of voters intend to vote “yes” on the measure. While you may not be able to drink the water in Flint it looks like you’ll be legally able to use it in a bong come this November.

New Jersey – The New Jersey legislature is debating bills that would legalize recreational marijuana in the Garden State. Interestingly, some of these bills would also expunge the criminal records of anybody convicted in the past of marijuana-related crimes. Was I ever arrested for weed?  Fuhghetaboutit!

North Dakota – A voter – initiated referendum will appear on North Dakota ballots this November. Uniquely, the North Dakota initiative would set no limits on the amount of marijuana people can possess or cultivate. Perhaps a large stockpile is required to get through those long, dark winters.

New York – A recent state commissioned study on recreational marijuana legalization came out strongly in favor of making ganja legal. Gov Andrew Cuomo quickly sprang to action setting up a working group to write a marijuana legalization bill. Put New York in the “when, not if” column.  This should give new meaning to Billy Joel’s song “New York State of Mind” (which has the opening line, “Take a holiday from the neighborhood”).

Oklahoma – This June Oklahoma voters approved a broad medical marijuana usage law. Activists have collected a lot of signatures to get the question of legalized recreational marijuana on the Nov 6 ballot. Whether there are enough signatures or enough time to get the ballot question approved this year remains to be seen. Sadly, Merle Haggard died in 2016 before being able to revise the first line of his famous song Okie from Muskogee … “We don’t smoke marijuana in Muskogee”.  It seems that sooner, rather than later, people will be openly smoking marijuana in Muskogee.

Delaware – In June, a majority of House lawmakers voted in favor of legislation to legalize marijuana use and retail sales. However, because the legislation imposed new taxes and fees, state rules required it to receive super-majority support. Lawmakers are anticipated to take up similar legislation again next year. I’ll predict that by 2020 people will be legally getting small in the Small Wonder.

A spot of hemp, Mr. Jefferson? Five of the first six presidents of the U.S. were Virginians and there is evidence that all five of them smoked a little hootch from time to time. You can read the evidence from an unimpeachable source … High Times …  here.

Will River City go up in smoke? But what of modern Virginians and Virginia politicians? In a 2017 Quinnipiac poll Virginia voters supported allowing adults to legally posses and use small amounts of marijuana by 59 – 35 percent. So, the voters would like to see marijuana legalized in Virginia. But since when did the voters matter to Virginia’s political elite? They don’t listen to voters, they listen to dollars. The Virginia Public Access Project tallies up the following donation totals for “all years”:

Beverages – Alcohol Distributors / Brokers – $20,885,384
Retail Sales – General $10,113,070
Restaurants – $6,533,357
Beverages – Alcohol Manufacturers – $3,993,418

As point of reference, Dominion Energy donated $11,354,842 during the same period.  Meanwhile, PepsiCo, owner of Frito-Lay – the maker of Cheetos – only donated $82,385.

— Don Rippert

Limousine liberalism in Alexandria, Va

Stinking to high heaven.  The City of Alexandria spews an astonishing 11 million gallons of raw sewage into the Potomac River every year.  The overflows happen just about every time it rains.  This is the result of a combined sewer system that is designed to collect sewage and runoff in a single system.  When it rains, the runoff spikes and Alexandria’s treatment plant can’t handle the volume.  The excess of mixed runoff and sewage is intentionally overflowed into the Potomac River in four separate dumping locations.  This has been happening for 100 years.

Raising procrastination to an art form.  Many U.S. cities have combined sewer overflow (CSO) problems.  The environmental damage is well understood and the approach to solving the problem is well understood.  You basically build a great big underground holding tank to catch the excess sewage and runoff until the treatment plant can catch up to demand. Washington, D.C., Richmond and Lynchburg join Alexandria in needing to deal with their CSO problem.  The difference between Alexandria and the other three cities is that the other cities are well along in solving the problem while the well-heeled progressives in Alexandria were content to spew human waste into the Chesapeake Bay watershed without any more than a pretense of a plan to remedy the situation.  However, in a stunning stroke of clarity, the Virginia General Assembly changed all that.  They boxed Alexandria’s ears leaving the snowflakes in that city’s government with an epic case of tinnitus.

Our glorious General Assembly.  During the 2017 session the Virginia General Assembly essentially told Alexandria that “enough was enough.”  The legislature passed bills setting a fast-paced schedule for Alexandria to fix its disgusting sewer system.  The city has eight years to attend to a problem that should have been addressed a decade ago.  The Mayor and City Council members of Alexandria cried like babies after being told they needed to stop dumping raw sewage into the river.  Alexandria has a median household income of $89,200 and can afford an “Office for Women” along with hybrid buses that cost $750,000 apiece (twice the cost of a normal diesel bus and they idle all the time anyway).  However, they can’t fund a fix to dumping raw sewage?

Odd bedfellows. The Alexandria sewage affair made for some odd bedfellows.  Progressive Democratic state Senator Scott Surovell, D-Mount Vernon, launched a Twitter offensive against his lefty pals in Alexandria over the matter.  Of course Surovell represents the district immediately downriver from Alexandria!  Conservative Republican state senator Richard Stuart, R-Westmoreland, patroned the initial legislation, which was much more draconian than what was ultimately passed.  Stuart also represents a district downriver from Alexandria.  Support for the bill in both the House and Senate came primarily from Republicans while opposition was primarily from Democrats. Governor McAuliffe tried to elongate Alexandria’s schedule but was rebuffed by the General Assembly and ultimately signed the strict bill.

Update. After insisting that the city needed five years to study the matter Alexandria’s plan was written and approved within a year. After insisting that the eight-year schedule was an engineering impossibility the city now says the schedule is doable. Funny what happens when liberals are forced to do the things they insist everybody else must do.

Warning. Before any of you wizards in the peanut gallery start carping about my anti-liberal bias … remember this post.  I am anti-two-faced politicians who espouse a political philosophy like property rights or environmentalism but then backtrack on their supposed beliefs when it comes time to act.

Hero award: Scott Surovell.

— Don Rippert

Oh, The Tangled Webs We Weave

Before President Frank Underwood there was P.M. Francis Urquhart. He was not amused by amateurs.

Let’s not and say we did.

If I had a dollar for every time I said that to some over-enthusiastic campaign worker for my candidate or some other one with some wild idea to screw with the other side….

Perhaps GOP Congressman Scott Taylor should have used the phrase, or my other favorite:  Don’t do anything you don’t want to read about in the newspaper.

Now we are being subjected to a daily barrage of stories about how the Second District representative’s campaign staff circulated the petitions to get independent challenger Shaun Brown on the November ballot.  After Brown lost the Democratic nomination and went away mad, it was logical to keep her candidacy alive as a thorn in the side of Democratic nominee Elaine Luria.

Some Taylor fan passed Brown’s petitions around the office of fellow Republican and Virginia Beach Sheriff Ken Stolle gathering a large number of signatures, earning this story in today’s Richmond Times-Dispatch.

My personal practice has always been to sign most candidates’ petitions, if I’m a qualified voter in the correct district.  It is not a pledge to vote for that person.  I’ve signed for many a Democrat, independent or Green.  Having been the person circulating the petitions I know it is a hard process, and as a believer in our election system I support people’s efforts to run.

There is also a long history of both parties’ finding and encouraging independent candidates intended to split the opponent’s vote.  Everybody does it, but usually with plausible deniability.  Well, that’s out the window in this case.

If the petitions for Luria were signed by enough properly-registered voters in that district, even if they were active Republicans, serving sheriff’s deputies, or known cranks, she might remain on the ballot.  If not one actual Democrat signed, it matters not.

If those circulating the petitions witnessed and attested to the signatures of false names, or the names of deceased persons, or filled in names themselves, they should face the full consequences under the law – which are considerable.  Doing that will have brought dishonor on themselves, their candidate and the process itself.

Whether all of this will hurt Taylor and boost Luria come November is impossible to say now, but it is the kind of distraction which is never good for any campaign.  At some point well before this got out of hand somebody in authority should have sat back, laughed, and said – let’s not actually do this, folks.  And if the decision was to go forward anyway, the mantra should have been – break absolutely no rules and smile and deny nothing when caught.

Goodbye and Good Riddance to Goodlatte

Carpetbagger. Bob Goodlatte is the 13-term congressman from Virginia’s 6th Congressional District who has blessedly chosen to retire this year. In my opinion he represents just about everything that is wrong with the GOP. Born in Holyoke, Massachusetts and educated at Bates College in Maine, Goodlatte somehow avoids the “carpetbagger” moniker so quickly put on Terry McAuliffe by Virginia’s Republicans. He won his congressional seat at age 39 and has spent the last 26 years in Congress. Yet he goes uncriticized as a “politician for life” by the conservative Newt Gingrich types who claim to eschew such long running elected officials. He is a polluter’s best friend with apparently no concern for the property rights of those negatively affected by the pollution he justifies and defends. However, he’ll be gone soon and you’d think we’re past the damage done by this phony conservative. Oh no.  Even in his final days in office Goodlatte is actively denying people protection of their property rights despite “property rights” supposedly being a core tenet of conservative Republican dogma. What a farce.

Blowing up the blueprint. The Chesapeake Bay represents not only a national treasure but a working laboratory for the protection of property rights. Certainly right thinking conservatives must believe that allowing a small minority of people and corporations to pollute a public waterway unfairly takes away the property rights of non-polluters. In the case of a waterway that borders multiple states, one would think that sensible and honest conservatives would insist that the federal government protect the property rights of all the states.  Isn’t this both a core tenet of conservatism and a reasonable construct of property rights?  Not according to Bob Goodlatte.

The Chesapeake Bay watershed states have claimed to be working together to clean up the Bay for the past forty years. For 31 of those years the effort failed as various states simply ignored their clean up commitments. Then, in 2009, the EPA was authorized to provide scientific leadership and oversight for a new clean-up plan — the Chesapeake Bay Clean Water Blueprint. Progress has been substantial since that time. Despite Virginia being a major beneficiary of the blueprint, one of our own Congressmen has put forth an amendment to curtail the EPA’s role in this effort.  You guessed it, ole Bob Goodlatte sponsored an amendment to H.R. 6147 forbidding the EPA from spending money to provide firm, science-based accountability over the blueprint. As a press release from the Chesapeake Bay Foundation puts it, “Congressman Goodlatte’s amendment would keep EPA from using any funds to provide this “firm accountability” if a state fails to meet its pollution-reduction goals set under the Blueprint.” So much for preservation of property rights from this so-called conservative.

Hall of shame. Bob Goodlatte’s amendment for the protection of raw sewage in public waters passed the House of Representatives by a vote of 213 to 202.  Seven of Virginia’s Representatives (Wittman, Taylor, Scott, McEachin, Beyer, Comstock and Connolly) repudiated Sideshow Bob and his amendment by voting against it. However, four of our so-called representatives (Garrett, Goodlatte, Brat and Griffith) couldn’t find the mental acuity to understand how a clean Chesapeake Bay might help the Commonwealth of Virginia. While it’s no excuse for their buffoonery Garrett, Goodlatte and Griffith have districts far from the Bay. Brat, by comparison, has a district bordering the city of Richmond. What are the voters in the 7th district thinking? Will “Kepone Dave” get re-elected? Here’s a good article about the cleanliness of the James River in Richmond (warning: true but disgusting content)

Going forward. The congressional seat being vacated by Bob Goodlatte’s retirement will be contested by Ben Cline (R) and Jennifer Lewis (D). Cline is a member of the General Assembly and long time Goodlatte toady. Lewis is a bleeding heart liberal with minimal political experience. So far, Lewis has raised $72,000 to Cline’s $787,000. The Cook Partisan Voter Index for the district is R+13. Sadly, Cline will almost certainly win and continue the anti-conservative, anti-Virginia activities of his predecessor.

— Don Rippert 

Updates: Money, Power and Politics (Oh, My)

The following are updates on earlier Bacon’s Rebellion stories of mine.

Clean Virginia Files First Report

Clean Virginia Fund, the political action committee that is trying to buy legislators’ loyalty away from regulated utilities, has filed its first report with the State Board of Elections.  Charlottesville financier and hedge fund magnate Michael D. Bills is the only donor, putting in $50,000.  Two senators and nine delegates, all Democrats, accepted a total of $32,500.  Dominion Energy and Appalachian Power donated a combined $175,000 during the same period so if this is really a bidding war, Clean Virginia has some catching up to do.

Hunton Andrews Kurth, the Richmond law and lobbying firm, is off to a slow start, giving only $23,000 on this report.  The firm drew notice for saying it would not support legislators who refused donations from its utility client.  Its largest check was to the Democratic Commonwealth Victory Fund, which supports both House and Senate candidates in that party.  (Dominion Energy gave to that, too.)

Somehow I don’t think any of the legislators who are refusing corporate or utility dollars will refuse help from that party committee. The check was probably to attend the Democrat’s annual event at the Homestead, where I’m sure all had a nice chin wag over the bar or on the golf course.

Dominion Energy Doubles Down on T1 Rider Taxes

Responding to an adverse recommendation from a State Corporation Commission hearing examiner, Dominion Energy has filed comments asking the full commission to ignore her opinion and make the customers pay too much.

Its first and most important argument is that the commission doesn’t have the authority to exercise discretion over the future transmission charges under rate adjustment clause T1.  It points to language in the 2007 statute that created this RAC and the whole system of RACs.  In the case of transmission costs under T1 the language says that any bill from regional transmission entity PJM is presumed to be reasonable and prudent.

This isn’t about the taxes, it’s about that language.  That “reasonable and prudent” presumption is even more frequent in the statute now, thanks to the 2018 legislation.  This is once again proof that Dominion inserts that phrase (and it writes these bills, no legislator does) to override the judgement of the SCC.  Those of us who worked on that 2007 statute never contemplated that Dominion would take advantage of that presumption to self-calculate its charge based on false information – in this case an erroneous tax rate.

If the SCC stands with its hearing examiner, expect the utility to take the battle back to the Virginia Supreme Court or back to its friendly legislators.  Once again, as it has been for more than a decade, the only real issue is will the legislature listen to the SCC or let the utility make it own laws and rules.

The AG Giveth, the AG Taketh Away

Attorney General Mark Herring has notably been a bit less predictable than many previous AG’s on the question of who his client is, if the state law or regulatory position he would normally defend was highly unpopular with various interest groups.

He earned praise in many circles recently for deciding to have his staff defend certain abortion-related regulations, but now has decided to not let his staff join in the appeal of a recent decision on legislative districts and the Voting Rights Act.  The Republican legislators seeking a delay on drawing a new map pending that appeal will need to fund their own legal efforts.

Continue reading

The Va. Political Class in Action: Tidewater Edition

Shaun Brown

From the Daily Press: Federal prosecutors say they have evidence of congressional candidate Shaun Brown, a Democrat running as an independent, of “lying to an investor and falsifying campaign finance information to the Federal Elections Commission (FEC).”

Brown currently faces charges of conspiracy to commit wire fraud and causing false records, wire fraud, theft of government property and asset forfeiture. The charges are related to a company she runs that is reimbursed for providing food to low-income children in the summer. …

Prosecutors claim to have evidence that Brown falsely reported giving — and being reimbursed for — more than $700,000 to her campaign for the 2nd congressional district, which runs from Williamsburg to Virginia Beach. …

The U.S. Attorney’s Office also claimed to have evidence that in 2014, Brown and another person convinced a third person — identified only as “S.P.” — to invest $100,000 in JOBS Community Outreach Development Corp., the company Brown runs that helps give low-income kids meals in the summer, when they’re not in school, through a program called Summer Food Service Program. Brown said S.P. would get a return of $750,000 within a year, but S.P. said no money has been returned, according to what prosecutors claim in the court filing. …

The U.S. Attorney’s Office for the Eastern District of Virginia claims that Brown directed her company to inflate the number of children they actually fed to the U.S. Department of Agriculture and the Virginia Department of Health, which help reimburse companies for their costs. Prosecutors have also accused Brown of falsifying documents in order to get more money from the government.

The list of particulars goes on, but you get the idea. Brown’s jury trial starts July 24 in Norfolk. Helluva way to conduct a congressional campaign!

Note: This article has been corrected to note that Brown, though a Democrat, is running as an independent.