The wrong time to start a fight, and the wrong fight to pick

So the Bernie Sanders campaign is mad as hell and not taking it anymore. “It” being the alleged pro-Clinton bias of the Democratic National Committee. And they have a point: the DNC has made some decisions that favor the front-runner. But c’mon, what do you expect from a party that believes it has a strong, electable candidate with deep roots in the party versus a self-described political insurgent?

Of course the party is going to favor the “stronger” candidate. For that matter, it’s unseemly for the vanguard of a “political revolution” to start whining about the unfairness of the establishment. That’s what you expect from the establishment, and that’s why you’re fighting them.

Besides, it’s not like the DNC has done anything horrendous. Yes, the debate schedule is too limited, which has turned out to be a tactical error, ceding the spotlight to the Republican circus. But the truth is, debates don’t swing elections unless a candidate makes an absolute fool of him- or herself.

Beyond all that, two points:

— The Sanders camp is in the wrong on the data-breach issue, and is trying to change the subject.

— This is the worst possible time to pick a fight.

Details after the jump.

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Whistling past the graveyard, Franklin County style

When last we left the Norm McAllister saga, he was threatening legal action against the State Senate if it suspends him from his official duties. He claims that a number of his constituents have talked of filing suit. As I noted, this would just prolong the agony for Senators, for Republicans, and especially for Franklin County Republicans, who are stuck with this tar baby.

Well, VTDigger’s Jasper “Son of Jay” Craven spent a few happy hours getting in touch with the county’s other lawmakers. And all of them, shockingly, denied that a court battle was in the works.

“Nobody has expressed a plan or a desire to take legal action,” said Rep. Carolyn Branagan, a Republican who represents Franklin’s first district. “I think it’s exactly the opposite, the people with whom I know and have spoken to want this over.”

… Franklin Republican Reps. Albert Pearce and Larry Fiske, Independent Barbara Murphy and Democrat Kathleen Keenan also said they hadn’t heard anything about a lawsuit until McAllister’s remarks Wednesday. Nor had Claude Cheralier, the Highgate chair for the Franklin County Republicans.

Rep. Corey Parent joined the chorus, and expressed the increasingly forlorn hope that McAllister would come to his senses and resign.

Well, see, here’s the problem.

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Mr. Donka’s regrettable Facebook page

I sure hope the Vermont Republican Party can recruit a credible candidate to run against Congressman Peter Welch in 2016. Because if they leave the spot open for the likes of Mark Donka like they did in 2012 and 2014, they might suffer a wee bit of embarrassment. Because even as Phil Scott has been busily distancing himself from the far-right extremism of the Republican presidential field, the same sort of harsh rhetoric can be found in abundance on Donka’s Facebook page.

Which is basically a bunch of reposted Tea Party visuals full of conspiracy thinking, climate change denial, fear and hatred.

Some of which are also, um, fake.

Screen Shot 2015-12-18 at 2.53.40 AM

Yeah, Mark? That never happened.

A photograph of Hillary Clinton shaking hands with terrorist mastermind Osama bin Laden has circulated online (divorced from its original context) ever since it was created for a Photoshop contest held back in 2007 by the web site FreakingNews.com.

Wups.

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The right to recall

At yesterday’s Senate Rules Committee hearing, one of the main arguments against suspending the Predator Senator, Norm McAllister, was that suspension would unfairly deprive his constituents of full representation.

Which is a good argument if you ignore, oh, y’know, morality and stuff. It’s an argument that may very well result in a court ruling in McAllister’s favor. A constituent who doesn’t mind being represented by a self-admitted sexual predator can say, “Look, by population Franklin County deserves two Senators, and until McAllister’s suspension is lifted we only have one.”

There are, on the other hand, the interests of constituents who don’t want to be represented by a felon-in-waiting. They have no recourse whatsoever until the next election, because Vermont is one of 14 states with no provision for recalling elected officials.

No matter what those officials might do.

Let’s say, purely hypothetically, choosing a name out of thin air, Dick Mazza runs into the Senate chamber wielding a pickaxe and starts hackin’ and slashin’. After he’s been subdued and taken away in handcuffs and the blood is washed off the walls, furnishings, and light fixtures, the Senate meets to consider what to do.

And decides it can’t do anything until the criminal case is resolved. Congratulations, good people of the Grand Isle district! Like it or not, you shall be represented by an *alleged* axe murderer until the next election! Provisions shall be made for Senator Mazza to participate in committee meetings, floor debates and Senate votes by video feed from his jail cell.

Yes, outlandish, I know. But what are the alternatives under the present system?

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Cloudy and very windy with a good chance of mayhem

The Senate Rules Committee did its level best to banish Norm McAllister to legislative limbo, but the Predator Senator shows little indication he’s willing to play along. After the Committee voted 3-2 to suspend him until his criminal case is over, McAllister said “I do not intend to go quietly,” and threatened a court battle over the move, either by himself or by constituents who support him. So what happens if the Senate votes to remove him on January 5, and McAllister or his allies convince a judge to stay the suspension while the lawsuit wends its way through the courts?

Well, then, he toddles right back to his desk on the Senate floor and sits there like a turd in the punchbowl. And your tax dollars will be at work, defending the Senate against the suit.

And it might lose. Legal opinions are split on the legality of suspension.

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Tom Pelham is mad as hell. And just as wrong

Now that Bruce Lisman has cut ties with his vanity platform, Campaign for Vermont, the organization is foundering financially and, worse, is stuck with budget scold Tom Pelham as its chief public voice.

Pelham has spent the last five years writing opinion piece after opinion piece slamming the Shumlin administration over taxation and budgets. Now, his temperature appears to be rising — to the point that he might want to check his blood pressure. Reading his latest commentary, I can practically see steam shooting out his ears.

His point, as ever, is that the Shumlin administration is bankrupting the state, wrecking the economy, and imperiling our futures by overtaxing and overspending. And in the process, he repeats a fundamental misperception about money that’s commonly held by budget hawks everywhere.

See if you can spot it:

Excluding federal funds, the state budget passed by the Legislature and signed by the governor in 2011 required $2.954 billion in revenues extracted from the Vermont economy through taxes, fees, fines, assessments, settlements, etc., and deposited into various state funds.

The key word there is “extracted,” which he repeats three times. Pelham appears to believe that all government revenue is collected, thrown onto the burn pile, and set ablaze. Which is so completely wrong it’d be funny if so many serious, influential people didn’t share that belief.

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The circus is coming to town, and I don’t have a ticket

This Just In… New caboose on the trainwreck:

 

It should be entertaining in a trainwreck sort of way, when the State Senate Rules Committee gets together Wednesday afternoon to discuss The Curious Case Of The Predator Senator. Regarding Norm McAllister, Our Most Senior Deliberative Body has been acting like anything but. Opinions are scattered in every direction, there’s no hint of a consensus, and in less than one month we could be treated to the spectacle of the accused sexual felon McAllister taking his honored seat in the Senate chambers.

As a blogger with a vested interest in chaos, all I can say is oh please, please, let it be so.

The Rules Committee is a curious construct, presumably born of President Pro Tem John Campbell’s unique leadership style: a mix of moderation, obfuscation, and inertia. I mean, look: the Democrats have 18 seats out of 30; there are three Prog/Dem/Indy hybrids, all representing the left side of the spectrum; and a mere nine Republicans.

So how is it that the Rules Committee includes two Republicans and a conservative “Democrat” who’s actively supporting Phil Scott, Republican candidate for governor? Plus the Pro Tem himself, who has supported Scott in the psat and is known as one of the least liberal members of his caucus. The Furious Five:

Republicans Joe Benning and Peg Flory; Republidem Dick Mazza; Democrats John Campbell and Phil Baruth.

For a strongly liberal body, that’s an awful lot of conservatism and institutionalism. Plus, Campbell installed himself as Rules Committee chair, so he clearly wanted to have his own hand firmly on this particular tiller.

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Further thoughts on the Lite-Gov race

My recent post on Sen. David Zuckerman’s candidacy for lieutenant governor drew a couple of intelligent comments, which prompted this return to the subject. But I’ll begin with another reminder from the archives, which creates some doubt about Rep. Kesha Ram’s appeal to Dem officeholders and party regulars.

Almost exactly one year ago, when the House Democratic caucus met to elect officers. Willem Jewett was stepping down as Majority Leader, and two women — Sarah Copeland-Hanzas and Kesha Ram — competed to replace him.

Those familiar with the House org chart know that Copeland-Hanzas came out on top. In fact, Ram withdrew before the vote. Which is what people do when they know they’re going to lose. She claimed it was “a very close race,” and cited concerns about the Chittenden-centric nature of House leadership. (Copeland-Hanzas is from Bradford.)

Okay, whatevs. But political bloggers and other tinfoil-hat wearers can’t help but wonder why her colleagues turned elsewhere for leadership. There is some sentiment that Ram is a bit of a climber, aching for the spotlight before being truly ready. That’s one way to read things. Maybe it was a simple matter of geography. But maybe there are doubts among key Democrats about Ram.

And now: letters, we get letters…

Veteran blogger nanuqFC posed a couple of good points.

— First, on whether Zuckerman’s push for public financing could even the playing field. I didn’t mention this because I don’t see it as a factor. Under current law, Zuckerman is disqualified from public financing due to his early entry into the race. He and Dean Corren are challenging the law in court, and he’s also pushing for the Legislature to reform the process. But even if he prevails on either track, it’s unlikely to come soon enough to help him in 2016. So he’s on his own, as far as I’m concerned.

— Also, nanuq noted that Dem/Prog fractiousness is not only a Chittenden County phenomenon. Which is true; it’s at its height in Chittenden, but it exists elsewhere. That’s a negative for Zuckerman’s chances. On the other hand, it’s an open primary, so nothing would stop non-Dems from supporting Zuckerman. Overall, a slight negative. (See also: the impact of the gubernatorial primary, below.)

And now meet our second correspondent, David Grant.

— He gives Zuckerman a slight edge in Chittenden County due to name recognition; so what about the rest of the state? Well, Zuckerman’s name recognition advantage is bigger elsewhere. It’s up to Ram to raise her profile. She should have the resources and the contacts to do so; whether she truly connects, remains to be seen.

Her presence in the House Dem Caucus ought to be a big help; state representatives can be the backbone of a statewide campaign. She had a strong turnout of officeholders at her campaign launch, which is a positive sign. There is, however, that failed run for Majority Leader, which makes you wonder if her colleagues will back her with enthusiasm. We shall see.

— Grant also points out the importance of building a quality campaign staff, and wonders who has the advantage there. I don’t know who’s signed on with whom. But I can say this: the Democrats have an undeniable edge in experienced, effective campaign operatives. Ram’s ability to draw on that talent pool is a significant advantage for her.

— He also asks how the gubernatorial primary will impact the Lite-Gov race. I gave a bit of an answer last time — Sue Minter might give Ram some coattails among voters who feel that men have been far too dominant in Vermont politics, which they have. But I ignored the elephant in the room: The gubernatorial primary will drive turnout higher, and will put the Lite-Gov race on the back burner.

The Democratic primary is certain to draw the largest turnout since 2010 at least. Many of those voters will have followed the Minter/Dunne contest and given little thought to Ram/Zuckerman. They’ll be making quick, uninformed decisions. Do they remember Zuckerman’s name from past Senate debates? Do they opt for the female candidate for both offices?

And there’s the surprise twist ending. I’ve sifted through this factor and that, and finally realized that they all pale in comparison to a primary that will be heavily focused on the race for governor. For every voter who carefully weighs the pros and cons of Kesha Ram and David Zuckerman, there’ll be another (or two or three) who’s flipping a coin in the booth.

So yeah, all my sound and fury signifies not much.

The Hoffer report: an indictment of inertia

State Auditor Doug Hoffer did something unusual on Friday: he pre-released one of his reports, embargoed until this morning at 10 a.m. Usually, he just releases them when he releases them.

The reason he did so, I infer, is that this may be the most explosive document to emerge from his office, and he wanted to give us media folks time to digest it. The report is entitled “Sole Source Contracts: Extraordinary Use in Ordinary Times.” The topline: state agencies issue a whole lot of contracts without any competitive bidding. And while sole-source contracts are absolutely justified in many circumstances, the quantity is staggering — and, too often, the stated rationale for bypassing the bidding process was wafer-thin.

Background: In the course of his work, Hoffer had repeatedly come across instances of sole-source contracts. Eventually he decided to assess the scope of the situation. His team reviewed nearly 1,000 contracts issued during FY2015 by five state agencies. (Reviewing all state contracts would have been a monumental task.)

The report paints a picture of administrative laziness at best, corruption at worst. Some key passages from the Executive Summary:

The SAO [State Auditor’s Office] found that while sole source contracts are intended for extraordinary circumstances, this selection method is commonplace for some departments and agencies. … Sole source contracts accounted for 41% of these contracts, and they valued $68 million, or 27% of the total amount.

… While some sole source selections were justified, many were not. Numerous memos lacked a justification for using a sole source selection, and others lacked evidence to substantiate claims. We identified memos based on erroneous information and time constraints that appeared to be of agencies’ own making. …Furthermore, familiarity with contractors often took precedence over an open and competitive process.

… The high frequency of sole source contracts across the five departments and agencies in this analysis raises serious questions about the effectiveness of the State’s contract management.

Yeah, it sure does.

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A child’s treasury of thoughts about David Zuckerman

Hey Dave, I went to the Burlington Winter Market on Saturday. Bought some of your fine veggies, but you weren’t there. Presumably spending a happy Saturday at the Senate Dems’ Convocation of Cowards. Maybe next time.

Anyway, organic farmer and state senator Dave Zuckerman is now a candidate for Lieutenant Governor, running in the Democratic primary and seeking the Progressive nomination as well. I didn’t attend his kickoff event last Thursday; but here are a few thoughts on Zuckerman and the Lite-Gov race.

The most interesting participant in Thursday’s festivities, per media reports, was Senate Minority Leader Phil Baruth, who gave a hearty endorsement — “come hell or high water” — of the Prog/Dem Zuckerman. This was a big surprise to me; given the level of Dem>Prog antipathy up Burlington way, I assumed that area Democrats would stand behind Kesha Ram. Without regard to quality; just on the basis of not wanting to help a Progressive win.

Baruth’s stated reasoning boiled down to “I trust him,” a phrase he repeated at least three times. So, he doesn’t trust Kesha Ram?

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