Our sclerotic Constitution

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In the past, I’ve tossed around the notion that Vermont’s Founding Fathers were drunk when they wrote our Constitution. Partly, that’s a matter of historic record. In those days, everyone drank to what we’d consider wretched excess; and it was common practice for men to gather in taverns to talk politics. As a simple matter of probability, those guys were hammered when they drafted our founding document.

But there’s also the matter of content. This has come up in the context of our current ethics debate, in which many lawmakers have asserted that the Constitution gives the Legislature sole authority over the ethics of its members. That seems like a terrible idea on its face.

And kind of undemocratic as well. And it’s far from the only undemocratic thread in our Constitution. At the risk of being overly cynical, you might even conclude that the Constitution was written by political elites to provide themselves a measure of protection from those pesky voters.

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Triangulatin’ Tim

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Congratulations to Tim Ashe, chair of the Senate Finance Committee, for shepherding this year’s tax bill to the Senate floor. He managed to find some new money for the budget while keeping true to the intention he stated earlier this week:

“In terms of the major tax areas, my goal is not to have the Senate need to go to those sources,” Ashe said.

The final package emerging from Senate Finance and Appropriations:

The lion’s share of the Senate’s revenue package is generated by the miscellaneous fee bill. The Senate version removes an increase in the employer assessment for uninsured workers, as well as a hike in bank taxes.

The latter two were passed by the House.

My congratulations are tempered with confusion, however. Ashe’s goal would be sensible and reasonable if he were a centrist Democrat in the mold of John Campbell or Dick Mazza, not a Progressive who now lists himself as a D slash P.

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Little white lies

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Kyle Midura, able Statehouse reporter for WCAX-TV, has got himself a scoop.

We’re learning more about the true cost of Governor Peter Shumlin’s trip to Paris in December, a cost the administration sought to hide.

A court sided with WCAX News, forcing the governor’s office to release documents showing the tab amounted to four times what Vermonters were told.

The administration, citing security concerns, had rejected Midura’s request for cost information about the Governor’s trip to a global climate summit. The court rightly found the administration’s reasoning to be transparently specious bullcrap inadequate.

The dollar amounts are tiny. Shumlin had said the public outlay amounted to $1,200. The newly released documents show the true cost was at least $4,000.

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Vermont, wellspring of twee liberalism

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Disclaimers first. Ben Hewitt is a terrific writer who’s accomplished more at a young age than I ever will. His book about the food scene in Hardwick is marvelous. He’s also got to be a better farmer than I, because our garden is friendly only to the hardiest of plants. (Garlic, green beans, potatoes, and tomatillos. Boy oh boy, do we get tomatillos.)

But I have to take issue with a commentary he wrote for VTDigger, entitled “The Northeast Kingdom’s True Prosperity.” It’s the kind of thing that makes millions of working-class Americans vote Republican.

Hewitt argues that the collapse of the Stenger venture is actually a good thing, because if it had been fully built, it would have radically transformed the Northeast Kingdom and its precious essence would have been lost.

The people of the Northeast Kingdom already have everything we need to truly prosper, and not merely in a material way. Indeed, with its abundance of unspoiled natural places, and its population of people who understand that a vital connection to the land and to one another is a type of affluence no silk-tongued developer can ever match, the Kingdom is already a region of true prosperity.

Not to put too fine a point on it, but holy f*cking crap.

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Serenade for Tiny Violins

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MouseTinyViolinPoor, poor Ariel Quiros. The alleged fraudster has had his assets frozen by the big bad federal government, to the point where he can’t “feed his family” or “purchase… a cup of coffee, let alone defend against the SEC’s allegations.”

So says Quiros attorney Charles Litchman, who is asking for the freeze to be lifted.

The people of the Northeast Kingdom weep for him.

But Vermonters are a resourceful breed. Maybe we can suggest some ways Ariel could generate a little cash, even as his millions remain sequestered.

For starters, perhaps he could sublet that $2.2 million Trump Tower condo, allegedly paid for with money looted from Quiros’ EB-5 development project.

I’m sure he has other properties that could be rented out or even sold; these guys always own a fistful of homes in the garden spots of the world. I hear he owns a 42-foot oceangoing sailboat; maybe he could hire it out.

I hear tell of a thing called “Groupon.” It’s how the kids are getting all kinds of great deals on the Interwebs. He should check into it.

There’s always the local food pantry. I’m sure they would welcome him with open arms, since a man of his means must have donated liberally to worthy causes in his community. Right?

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Same song, new verse

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Here’s a story ripped, as they say, from the headlines.

It’s about a business venture with an ambitious plan to bring new possibilities to an underserved area of Vermont, with large quantities of money obtained through a federal program.

The venture’s head is a prominent, well-connected Vermont businessman. At one point, he hired a top Shumlin administration official to fill a high-profile executive position. The hire raised some concerns about Montpelier’s “revolving door” between public and private sectors. (The hiree was a woman, and is no longer with the company.)

The venture poured lots of outside money into its project. Eventually, people started noticing that the results were far short of what was promised. Inconvenient questions were raised. But through it all, the head of the venture insisted that nothing was wrong. Indeed, he publicly criticized VTDigger for “unfair” reporting.

Okay, I must be talking about Bill Stenger and Jay Peak, right?

Wrong. 

Vermont’s congressional delegation is seeking information from the federal government on the $116 million broadband project that VTel Wireless started in 2010.

Sen. Bernie Sanders, I-Vt., Sen. Patrick Leahy, D-Vt., and Rep. Peter Welch, D-Vt., have signed a letter asking whether the U.S. Department of Agriculture’s Rural Utilities Service has been holding VTel accountable.

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The hottest potato in Vermont

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Our political elites are still involved in the unedifying spectacle of desperately trying to create distance between themselves and a former best buddy. Unedifying, and beggaring belief.

The best bud, of course, is alleged EB-5 scamster Bill Stenger, who still denies  — also beggaring belief — that he knew nothing about the misuse of $200 million in investor funds, and that it was all the dark-skinned flatlander’s fault. Pretty much everyone in Vermont politics has cozied up to Stenger in the past, and anyone in a position to bestow favors did so on a regular basis. Democrats, Republicans, even Bernie. (Who has thoroughly ducked the issue, his endless narrative about the evils of corporate influence notwithstanding.)

At the head of the “run away from Bill” parade is none other than our esteemed Governor, Peter Shumlin. One of his worst attributes as a leader is his extreme reluctance to admit he screwed up, even in the face of overwhelming evidence. And that makes his frantic positioning in this case all the more incredible; you can almost hear him claiming that Vermont’s handling of Stenger was a “nothing-burger.”

Yeah, that phrase will be on his political headstone, and it’s largely his own fault. He’d be better off just acknowledging unpleasant realities and accepting responsibility. Because as the state’s chief executive, he is uniquely responsible.

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Did Bill Stenger make a deal with the devil?

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Previously in this space, I questioned if it was possible that an experienced businessman like Bill Stenger could actually be clueless to the rampant looting of his own project, and remain that way for several years running.

My conclusion: No, he could not.

Which brings us to this: If he knew what was going on, why did he let Ariel Quiros (who had illegally used EB-5 investor money to become Stenger’s boss) pursue this crooked scheme? Why did he put his own finances and reputation on the line, even when the signs of trouble became impossible to miss?

Two possibilities. First, he was getting a cut. Could be.

Second, he was in severe financial straits and needed a Quiros to bail him out. Call Quiros a “devil investor,” if you will. Certanly not an angel.

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Inartful dodges and implausible denials

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Must be a new experience for Bill Stenger, having a hard time getting his calls returned. After all, he’s been a major player at the intersection of Vermont business and politics for a long time now, benefiting from sweetheart deals and inadequate oversight (see Postscript below) courtesy of at least two successive administrations.

After years of holding together his massive EB-5 project with chicken wire and spit, Stenger is now embroiled in the sales pitch of a lifetime: portraying himself as innocent in the face of federal and state investigations and an increasingly ugly paper trail.

From VPR’s Peter Hirschfeld, we learn that federal officials “had strong forensic evidence of a massive fraud” at least two years ago, and that Stenger was subjected to an intensive interview by SEC investigators in May 2014.

And from the Burlington Free Press’ Jess Aloe, we learn that Stenger’s top financial executive resigned in 2011 “after [Stenger] failed to address concerns about the use of money from foreign investors.”

It is literally impossible to believe that an experienced entrepreneur like Stenger could somehow remain clueless in the face of all that. But there he was, telling the Free Press last Monday (two days before the SEC raided his offices, seized his papers, and changed the locks) that nothing was wrong. And on Friday, two days after the raid, he doubled down.

“There was a lot of stuff in the presentation that I got on Wednesday that I was not aware of,” Stenger said. “I can’t go any further than that. I’ve got to let it go at that. I’m trying to figure this out as well. I just need to deal with it.”

Okay, I see what we’re doing here: blaming the dark-skinned flatlander.

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Lost in the shuffle

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In my last post, I mentioned that the campaigns of Matt Dunne and Sue Minter continued on autopilot for a few days after the Stenger/Quiros scandal had broken. On Thursday, Minter unveiled a substantial, wide-ranging water quality initiative, which got absolutely buried in the EB-5 avalanche. On Friday, Dunne released his personal financial information.

It was the worst possible timing if they actually wanted to make the news. Especially unfortunate in Minter’s case, since it was a major policy statement and she had some notable advocates on hand for her announcement — including James Ehlers of Lake Champlain International and Denise Smith of Friends of Northern Lake Champlain.

Well, David Zuckerman also got caught in the avalanche. On Thursday, he announced a significant endorsement: former Lieutenant Governor and State Senator Doug Racine is backing Zuckerman for Lite-Gov.

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