Category Archives: Law

Drug-inspired racism: it’s not just a cartoon

Oh, here comes Maine Governor Paul LePage, the gloriously unfiltered hambone, with his typically offensive comedy stylings. This time, he’s explaining the causes of Maine’s drug epidemic:

“These are guys with the name D-Money, Smoothie, Shifty… these types of guys… they come from Connecticut and New York, they come up here, they sell their heroin, they go back home. Incidentally, half the time they impregnate a young, white girl before they leave, which is a real sad thing because then we have another issue we have to deal with down the road.”

Hahaha, what a clown. Can’t believe the voters of Maine have chosen that schmuck as their chief executive — not once, but twice!

Good thing we don’t have any of that ignorant nonsense in Vermont, right?

Right?

Well, actually, it reminded me of something I read a few months ago in Seven Days.

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Bill Sorrell gets religion

There was some welcome news from Vermont’s Eternal General about a month back. Bill Sorrell had begun a series of public hearings on the subject of incarceration — specifically, whether Vermont is putting too many people behind bars. Sorrell and others are gauging public sentiment on the question, and considering whether the Legislature should “adopt a resolution to steer Vermont’s criminal justice system away from incarceration,” according to VTDigger’s account.

Sorrell being Sorrell, he cautioned that nothing much would happen anytime soon.

“It would be like moving a battleship through thousands of individual decisions by prosecutors and judges, and in no small part on the decisions by corrections personnel on when the individual is released,” Sorrell told VTDigger.

Still, if this is how Sorrell plans to spend a chunk of his final year in office, then bully for him. We’ve been imprisoning more and more people for the past three decades, with no appreciable effect on public safety. Our prison population is aging and getting more expensive. It also features an appalling over-representation of Vermont’s teeny-tiny black population.

African-Americans make up just 1 percent of the population of a state that is 95.3 percent white, yet they make up 10.3 percent of Vermont inmates. Put another way, a Vermont inmate is more than 10 times as likely as a resident at large to be African-American.

So if Vermont’s top law enforcement official is on board with reducing incarceration rates, that’s a really great thing. More power to him.

One question, though.

Where the hell was Bill Sorrell all this time?

ICYMI, for the past two decades of our mass incarceration binge, he’s been Vermont’s top law enforcement official. So, welcome to the party, Bill. Sorry it took you so long to get here.

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Police Chief Superspy: Is this what Burlington needed?

Burlington Mayor Miro Weinberger has announced his choice for new police chief: Brandon del Pozo, a veteran of 18 years with the New York City Police Department. He has, as they say, risen rapidly through the NYPD ranks; his current post is Commanding Officer in the Strategic Initiatives Office.

Hmm. The most famous NYPD “strategic initiative” I know of is its free-range intelligence unit, which routinely ignores jurisdictional boundaries in its search for potential terrorists. According to a 2011 report on NPR, NYPD Intelligence has “teams of undercover officers… who basically just troll ethnic neighborhoods. …They also have informants known as mosque crawlers” who serve as “the eyes and ears of the police department inside the mosques.”

The latter, notes NPR, would “seem to violate the federal privacy act.” It further notes that the unit is “creative in ways that come right up against the line of what the federal government or other police departments either can do, or feel comfortable doing.”

The expansionist NYPD even has an intell office in the Middle East, which seems like quite a stretch for a city police force.

Wait a minute, Mr. del Pozo himself claims credit for that.

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Kremlinology II: Back from Siberia

I’m sure this is juuuuuuuuuust a coincidence.

Three days ago, I wrote a piece about Attorney General Bill Sorrell’s conspicuous absence from a pair of recent gubernatorial photo-ops. Both times, the theme was related to law and justice; both times, our Eternal General was nowhere to be seen while Chittenden County State’s Attorney (and former Sorrell challenger) TJ Donovan was in prime photo-op position, directly behind the Governor’s shoulder.

Well, today brought another law-related bill signing… and guess who was back, baby?

ShumlinSorrell

Yep, there’s Bill Sorrell. Along with, so I’ve been told, many members of his staff, gathered closely around the Governor. And no sign of Donovan.

I smell overcompensation.

Do I dare take some credit for this? The timing certainly suggests I can.

The cop video and Vermont

One of my first coherent thoughts after viewing the Walter Scott video (after the outrage and disbelief and gratitude that the incident was recorded) was, “In Vermont, the police don’t shoot black guys. They shoot the mentally ill.”

It’s obvious to me that if the killing of Walter Scott hadn’t been recorded, it would have come down to the word of a live cop versus the silence of a dead victim. The result, almost certainly, would have been the exoneration of the cop and the staining of the victim’s reputation.

We don’t have enough black people to have our own Fergusons or Walter Scotts or Abner Louimas. But we do have our Mac Masons and Woody Woodwards and Wayne Brunettes. And in every case, the police version is accepted without serious question.

The Walter Scott video calls that presumption into question. That South Carolina policeman not only gunned down a fleeing man; he tried to frame him. If that officer is capable of such callousness and deceit, how are we to believe other officers who may be well-trained and may have a commitment to justice, but also have the most profound self-interest in avoiding prosecution and disgrace?

We have seen it with our own eyes: in that situation, a cop is as capable of lying as anyone else.

Encounters with the mentally ill are particularly troublesome for all involved. People with mental illnesses may not be able to respond appropriately to police commands. Indeed, the usual police tactic — brandishing a weapon and shouting instructions — may well be counterproductive.

It’s unfair to expect a policeman — who may be making less than a living wage — to react with the insight and diplomacy of a mental health professional. These are tough situations that play out in mere seconds of real time.

But the Walter Scott case shows us that we can’t assume the police are telling the truth in all cases. And that is clearly the default position of Vermont authorities, particularly Attorney General Bill Sorrell.

Are police in tough situations? Yes. Do they often, or usually, do the right thing? I’m sure they do.

Are they always blameless — as blameless as Sorrell and his fellows seem to believe? Hell, no.

Bill Sorrell: worse than I thought?

One of my least favorite people in state government is Eternal General Bill Sorrell. According to those who were around at the time, the only reason he’s AG is that (1) he was Howard Dean’s favorite fartcatcher, (2) Dean wanted to appoint Billy to the Vermont Supreme Court but soon realized he was just about the only Vermonter who thought Sorrell was qualified, (3) Dean then appointed the incumbent Attorney General to the Supreme Court, and (4) Dean slid his acolyte into the convenient vacancy. Since then, Sorrell has enjoyed the perks of incumbency in an office few voters pay much attention to. He’s basically a guy born on third base who thinks he hit a triple. And one of my biggest peeves is politicians with unacceptably high ratios of self-image to accomplishment.

Sorrell’s most recent offense against logic is his balls-to-the-wall prosecution of Dean Corren for the unforgivable crime of accepting an in-kind donation worth $255 from the Democratic Party. This, per Sorrell, is a violation of the public financing law worthy of $70,000 in fines and restitution.

Well, a few days after I ranted about this, Seven Days’ Paul Heintz did what he does best: a journalistic take on Sorrell’s sudden Inspector Javert impersonation. In his “Fair Game” column, Heintz presented abundant evidence that Sorrell isn’t just the relatively harmless doofus I thought he was; rather, he may well be a fundamentally corrupt hack who has based his reputation on lucrative backroom deals between state Attorneys General and some of the nation’s biggest law firms.

"I'm a great guy. Just ask me."

“I’m a great guy. Just ask me.”

There’s plenty of damning stuff in the column, but I want to zero in on something deep down in the piece. It’s about a New York Times expose of “routine lobbying and deal-making” between Attorneys General and law firms trying to gin up multistate lawsuits.

You know, the very lawsuits that Sorrell endlessly trumpets.

I’d never read about this until I saw it in Heintz’ column, but boy does it stink.

These lawsuits are often over consumer-protection issues; the granddaddy of them all, and Sorrell’s favorite touchstone, was the multistate suit against the tobacco industry that resulted in a huge settlement finalized shortly after Governor Dean parachuted Young Billy into the AG’s office. Sorrell endlessly brags about the millions he brought into the treasury on that deal, even though virtually all the negotiations took place before he became AG.

I’d always just assumed that these big lawsuits were the result of cooperation among state AGs. But the Times reported that ideas for multistate lawsuits generally arise from big law firms, who then go trolling for AGs willing to sign on. These firms are nothing more than white-gloved ambulance-chasers, looking for cases they can cash in on. And share the proceeds with the states that play along.

That throws an entirely different light on these allegedly high-minded battles for our rights and pocketbooks.

Worse, Heintz recounts multiple occasions, as reported in the Times, when Sorrell accepted big campaign donations from law firms that were soliciting Vermont’s participation in one of these multistate suits. And I am shocked, shocked to report that Sorrell greenlighted the suits after accepting those donations.

Sorrell insists he is above reproach. And we’ll just have to take his word for it because he’s the one who decides whether to launch an investigation of himself. And I am shocked, shocked to report that Bill Sorrell believes there’s nothing to investigate about Bill Sorrell because Bill Sorrell has done nothing wrong.

Nice work if you can get it.

Dumbest Bill of the Year: We may have a winner!

This one’s being referred to the House Committee on Goofy Shit.

Tomorrow may be April Fools Day, but one of our lovable, huggable freshman lawmakers chose today to introduce the early front-runner for Dumbest Bill of the Year.

The sponsor is Republican Job Tate of Mendon, he who sent gasps through the House chamber last week when he proposed cutting lawmakers’ already minuscule pay. His new brainchild is H.495. It’s very simple, about a half page long. It’s the very first bill on which he is the one and only sponsor — his first big idea. And what would it do?

It would shift the Legislature from a Tuesday-Friday schedule for four months, to a Saturday-Sunday schedule for eight months.

Let that sink in for a moment. The Legislature meets on weekends exclusively for eight months every year.

The intent, I guess, is to make serving in the Legislature more accessible to those with full-time jobs. And on behalf of working men and women across Vermont, let me just say “Bwahahahahaha.”

Are you kidding me? Do you think anyone with a full-time job would want to devote their weekends for eight solid months to working under the golden dome? As one observer noted, “The divorce rate would skyrocket.”

Not to mention that everyone who has dealings with the Legislature, including numerous state employees, would have their choice of working seven days a week when the Leg is in session, working five-day weeks including Saturday and Sunday and taking two weekdays off, or working weekdays and being constantly on call for legislature-related obligations every weekend.

Lobbyists, who constantly prowl the corridors of power, would be royally screwed. But ehhhh, they’re lobbyists. (How does that joke go, “What do you call a hundred lobbyists buried up to their necks in sand?”)

Okay, of course this bill is going nowhere. But why introduce it in the first place? How did Mr. Tate seize upon this as his inaugural voyage into the waters of lawmaking?

Job Tate is not a fool. He was a Navy Seabee and remains in the reserves. According to his legislative bio, he was…

…a heavy equipment operator, explosives expert, squad leader, and combat warfare specialist who has worked with teams to build vital infrastructure in some of the world’s most challenging conditions.

That takes some brain power and the ability to correctly deploy it. But stuff like H.495, he should know, is a good way to get yourself typed as the Clown Prince of the House.

Okay, who replaced John Campbell with a pod person?

The Political Reporter is a flocking creature. It tends to congregate in large numbers where there’s a commotion or a generous food supply — or, sometimes, for no apparent reason.

On Friday, the flock gathered at the Senate Judiciary Committee’s hearing on the gun bill — the reduced version of S. 31, Now Expanded Background-Check Free!   (Correction: it’s now S.141 for those keeping score at home.)

It wasn’t the most important thing going on that day. I’d be hard-pressed to put it in the top five, actually; supporters and opponents are all het up about the bill, but I’m not. As a gun control measure it’s a teeny tiny baby step. As a potential threat to Second Amendment rights, it’s… well, it’s not. The Domino Theory was discredited way back in Vietnam.

So I was elsewhere on Friday afternoon. More on that later.

The only thing that was interesting about it, to me, was captured by the Vermont Press Bureau’s Neal Goswami: 

Senate President Pro Tem John Campbell, D-Windsor, an original sponsor of S.31, pushed [Committee chair Dick] Sears hard to advance a bill. He spent considerable time in the Judiciary Committee, often seated near Sears, monitoring its progress.

“I think his behavior has been fascinating,” Sears said.

His attention was bothersome to Sears, and prompted the veteran lawmaker, who is known to express his displeasure at times, to offer Campbell total control earlier this week.

“There was one point where I asked him if he really wanted to chair the committee,” Sears said.

John Campbell, recently seen taking a restful nap. (Not exactly as illustrated.)

John Campbell, recently seen taking a restful nap. (Not exactly as illustrated.)

This is highly unusual, to put it mildly. I haven’t checked the record in detail, but I’d say this is unprecedented in Campbell’s frequently undercooked tenure as Pro Tem.

First, I don’t recall him ever being inspired about a piece of legislation. Serene detachment has been the order of the day. (I recall a time when I was watching Senate debate from the balcony. Campbell sat at his desk leafing through a woodworking catalog, paying no attention to the debate. It was inspiring.) It’s rare, like a snow day in Hell, for Campbell to show real passion for an issue.

Second, this is rather a blatant violation of Senate comity. I daresay it’s not unusual for a Pro Tem to pull the levers behind the scenes (it’s pretty unusual for Campbell, but not for your average Pro Tem), but it’s downright bizarre for a Pro Tem to publicly show up a committee chair. Sears’s reaction was actually rather diplomatic. Well, diplomatic for Sears, who guards his turf like the alpha male he thinks he is. Although there’s no truth, as far as I know, to the rumor that he tinkles a little on the Judiciary Committee doorjambs every morning.

Third, Campbell’s even making noise about openly opposing Gov. Shumlin.

“The governor made it very clear how he feels about this bill. He doesn’t support it,” Campbell said. “The governor is very powerful and the administration is very powerful. As such, I guess I had to step up my involvement.”

Superman: “As such, I guess, I had to stop the runaway train.”

So it’s weird doings on the gun bill. Campbell’s normal posture, when an issue gets divisive, is to stay the hell out of the way. There have been many occasions during his tenure when a bit of leadership — or arm-twisting — would have broken a logjam and avoided unnecessary strife. In moments like these, John Campbell usually stays out of the way.

I don’t get the sudden onslaught of passion for a bill that simply doesn’t do that much. Makes me wonder if that’s the Real John Campbell or an alien-crafted facsimile.

Gun owners lose a skirmish, win the war

Pro wrestling, for whatever you might think of its artistic merits, has some of the most delicious vocabulary you can find.

Today’s entries are “work” and “shoot.” A work is a fake fight meant to look absolutely real to the audience. A shoot is a rare occasion when the confrontation actually is real. (Wrestlers are friends and coworkers behind the scenes, but tempers can run high in a testosterone-fueled industry based on [scripted] physical altercations.)

Cut to a hearing of the Senate Judiciary Committee this morning, as reported by VPR’s Peter Hirschfeld. Ed Cutler of Gun Owners of Vermont is testifying,when he suddenly draws the ire of committee chair Dick Sears. Hirschfeld offers a lengthy account of the affair, which is a fun read; here’s the trigger moment, when Cutler bemoans the annual introduction of gun legislation.

Ed Cutler and Dick Sears, with the corpse of S.31. Not exactly as illustrated.

Ed Cutler and Dick Sears, with the corpse of S.31. Not exactly as illustrated.

“The problem, and you guys, you’ve been thinking about … doing this for years now, trying to figure out some way to do this,” Cutler said.

Sears chuckled.

“How do you know this,” Sears asked.

“Because you keep putting this bill in,” Cutler said.

It was at this moment that Sears’ face began to redden.

“What? Now wait a minute. I keep putting this bill in? Ed! Ed! I have never introduced a gun bill. Ever!”

Sears’ anger continued for quite a while; at one point Cutler’s hands began to shake.

Eventually the moment passed, and after the hearing, the two men shared a hearty handshake.

Bringing us to the question: work or shoot?

Well, I don’t actually think the confrontation was staged — a pretend show of prickly independence by a veteran lawmaker. But the “prickly independence” itself? That’s a work.

These guys are on the same side. Sears said so himself. And if you have any doubts about that, the Burlington Free Press is reporting this statement from Sears regarding the gun bill:

“S.31 is not on the table,” said Sen. Dick Sears, D-Bennington, the chairman of the Senate Judiciary Committee. “Quite frankly, it’s dead.”

It might have been a few uncomfortable minutes for Ed Cutler, but in the end it was just a dominance display by one of the Senate’s leading cocks. And in the end, the two men run in the same pack.

Here’s a completely unsurprising bit of news

According to the Valley News, Senate President Pro Tem John Campbell is waving the white flag on legislation that would expand background checks for gun purchases. Campbell is the chief sponsor of the gun bill; he promises to continue fighting for two other provisions: one would create a state crime for possession of a firearm by a convicted felon, the other would restrict access to guns for those declared mentally ill by a court.

The background check provision had been the chief battleground — although now that it’s seemingly off the table, the Orange Vest Brigade is stepping up its attacks on the other two items.

The news is unsurprising because (a) Senate Judiciary Committee panjandrum Dick Sears said earlier this week that the background-check provision would not pass his committee, and (b) I don’t believe Campbell ever intended the bill to pass.

Call me cynical, but I’ve seen too much of John Campbell to believe he was ever serious about background checks. He’s never been visibly pro-gun regulation, he never stakes out politically risky positions, and he rarely takes the lead role on any legislation.

I’d go so far as to speculate that he made himself lead sponsor so he could pull the bill when it became politically expedient.

In vowing to fight on for the rest of the bill, Campbell portrayed himself as a Profile In Courage:

“I’ve been told that my political career’s over because of this, and I’m more than happy to deal with that, but that’s how important it is.”

Good God, what a blowhard. His political career will survive this just fine. For one thing, he represents a completely safe Democratic district; he’ll be a Senator as long as he wants to be. For another, the two remaining provisions simply aren’t that big a deal. Nobody’s going to do an over-the-top charge into No Man’s Land for those two items.

He’s talking tough right now, but I suspect that Campbell has another white flag in his back pocket, ready to wave at the proper time.