It’s good to have a staff of tame lawyers on call

The Legislature continues to careen toward adjournment, the desire to skip town augmented by the looming specter of Norm McAllister, who officially refused to resign today.

One event worth noting from today’s action: the Senate Natural Resources Committee held a closed-door meeting in the office of Senate President Pro Tem John Campbell. Reporters were refused admittance. Later, the Legislative Council duly produced a memo validating the unusual move:

It is the opinion of the Office of Legislative Council that the General Assembly is not subject to the requirements of the Open Meetings Law.

If true, this is quite shameful, and ought to be rectified by… ahem… the General Assembly ASAP. But I have a feeling it’s a convenient fiction. For one thing, if Legislative committees could go into closed-door session whenever they wanted to, they’d do it all the damn time.

For another, this is a substantially broader claim than was made last year, when Seven Days’ Paul Heintz was denied access to a meeting of the Committee on Committees.

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Shumlin amps up the rhetoric

This is the kind of thing that inspires Harlan Sylvester conspiracy theories.

The narrative goes like this: Sometime back in 2009, Peter Shumlin tells “the most powerful man in Vermont politics” (h/t Shay Totten) he’ll keep a lid on taxes if Harlan paves his path to the corner office.

I can tell you lies, you can't get enough.

I can tell you lies, you can’t get enough.

It’s one explanation for the volume and desperation of Shumlin’s anti-tax rhetoric — aimed, need I remind you, at fellow Democrats.

Yesterday, the Governor slammed a House-passed plan to cap itemized deductions. And to put it plainly, he lied about it.

Ell. Eye. Eee. Dee. Lied.

“Removing charitable deductions, the ability of Vermonters to deduct home interest from their mortgages, which promotes home buying, and removing the health care deduction when you’ve had catastrophic health care costs is a big mistake,” Shumlin says.

Now, that’s bullshit. Ain’t nobody “removing” nothing, and the Governor knows it.

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How can I miss you when you won’t go away?

(h/t to Dan Hicks & His Hot Licks)

Please allow me a brief gloat, a hearty chuckle, a moment of schadenfreude. Because this is just too f’n funny.

Sen. Norm McAllister (R-Franklin) is reconsidering his decision to resign from the Vermont Senate, according to a close ally.

“I don’t know what made him rethink it, but he has decided — he’s rethinking it is all I can say,” Sen. Peg Flory (R-Rutland) said Wednesday afternoon.

Heh, heh, heh, heh.

Here’s my message to Good Ol’ Norm: hang on for dear life. Make ’em drag you out kicking and screaming. Not because you deserve to keep your seat, hell no; but because your fellow Republicans (and really, the Dems as well) so desperately want to be rid of this entire affair.

I say, let ’em stew. They don’t deserve to get off this easy. Not when there are numerous second-hand stories about how ol’ Norm was a horndog at best, and maybe worse, to his female colleagues. Not when there are still serious questions to answer about what leadership knew, when they knew it, and what they did about it. (And if they really didn’t know, how loudly were they singing LALALALALA with their fingers in their ears?)

Not when there remains a distinct odor of clubby sexism around the Statehouse that needs to be dissipated once and for all.

Indeed, here’s my plea to the women of the Statehouse, past and present. If you had unpleasant encounters with McAllister, now is the time to step forward. So far, the only woman to do so is an ex-lawmaker. If some misbegotten sense of loyalty to the institution is keeping you silent, please speak up. You owe it to the truth, and to the women who will follow your footsteps.

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How the philosophical exemption was lost

A few weeks ago, the state legislature had apparently decided not to open the Pandora’s box of vaccination policy. The general feeling was, let’s let the 2012 law play out a while longer and see where it goes.

And then, for reasons still unexplained, a couple of key state Senators (Kevin Mullin and John Campbell) grabbed that box and threw it open. They amended a barely-related Health Department housekeeping bill, H.98, to include an end to the philosophical exemption on childhood immunizations. The Senate Health Care Committee gave it a mere two hours of hearings, one for and one against; it sailed through the committee and the full Senate.

Even so, it seemed likely that the House would let the amended bill lie. Leadership decided to have the House Health Care Committee hold hearings on H.98, even though the bill was never officially given to that committee. Those hearings were quickly scheduled, and they were quite extensive. At the time, it seemed like a ploy to run out the clock. Even more so as the hearings continued through the penultimate week of the session.

Funny thing, though: the more time passed, the more things seemed to shift entirely. By the end of last week, the momentum was clearly on H.98’s side. A House vote seemed certain and passage seemed likely, if not a sure thing. Monday’s public hearing was a chance for all parties to sound off, without actually affecting the process.

Which brings us to Tuesday, covered in my previous post. The Donahue amendment lost by the narrowest of margins, and then H.98 passed the House with ease.

This time, I’m here to explain why this happened. Not how it happened; you’d have to get John Campbell and Shap Smith into a rubber room and fill ’em full of truth serum to find that out. As for the why, here’s my two cents. Or three, if you prefer.

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Missed it by that much

Anne Donahue had a clever plan.

Notice I say “clever,” not “smart.” The Donahue amendment was a last-ditch attempt to derail H.98, the bill that would end the philosophical exemption for childhood vaccinations.

The amendment would have combined the philosophical and religious exemptions, and put more obstacles in the way of those seeking an exemption: reading educational materials, watching a video, having an in-person consultation with a health care practitioner. Donahue argued that these obstacles would achieve the goal of raising immunization rates without sacrificing parental choice.

It was clever because it played on lawmakers’ fears of taking a definitive stand, fears that are always amplified when there’s a loud and focused opposition.

It wasn’t smart because it would have done nothing to raise immunization rates.

I can say that with confidence because if the House had adopted the amendment, it would have been at odds with the Senate. With the Legislature careening toward adjournment and many pressing issues still unresolved, it’s a virtual certainty that H.98 would have been quietly shelved.

Of course, Donahue had to know that.

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The vultures gather with unseemly haste

If Norm McAllister thinks he still has any friends in the political world, he should give it another think.

At last check, McAllister was technically still a member of the Senate. He has yet to submit his resignation, if that is indeed what he will do.

However, the lack of a vacancy hasn’t stopped some very ambitious folks from putting their names forward to replace him.

Out of, you understand, a selfless concern for the good people of Vermont.

"Pick me! I've even got a mascot!"

“Pick me! I’ve even got a mascot!”

Foremost among this unsavory horde is a guy who ought to posess a bit more sensitivity: Randy Brock, former state senator and auditor and candidate for Governor. Seven Days’ Paul Heintz:

“If [McAllister] resigns, I would certainly be interested in filling the seat, because I think it needs to be filled and I think it needs to be filled by someone who can get to work immediately, who’s up on the issues,” Brock said. “So I’m willing to serve, yes.”

“Willing to serve,” pssssh. “Desperately jonesing for a return to politics,” I’ll buy.

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It’s not that simple

One of my readers posted a comment basically wondering why, if women were being routinely victimized by soon-to-be-former Sen. Norm McAllister, they didn’t go to the authorities? Why put up with the abuse? Why not stay away from the guy?

It’s an understandable reaction. I’ve never been in that situation, and it’s almost impossible to imagine being in that situation. But many people are — more than it’s comfortable to think about — and they feel powerless to resist, evade, or report.

For one great example of this phenomenon, see Morgan Trus’s fine piece on VTDigger regarding “survival sex” — in which victims feel their well-being is dependent on their abuser’s approval. It’s a surprisingly common occurrence, especially in a society where many women are financially dependent on a man.

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Somewhere over a quiet drink, two lawmakers are synchronizing their stories

Pity the poor Kevin Mullin, Senator from Rutland, and Tim Corcoran, Representative from Bennington. They had the misfortune to share a rental house with disgraced Sen. Norm McAllister (R-Siberia). And in that house, McAllister is accused of repeatedly raping a young woman who he presented to his colleagues as his “intern.” And now, Mullin and Corcoran find themselves on a hot seat of sorts. Or they ought to, anyway.

For his part, Mullin has claimed that the woman, 43 years McAllister’s junior, slept in the basement. Corcoran, however, seems to have a different recollection:

… Corcoran said Monday afternoon that, “as far as I know,” 63-year-old McAllister and the young woman he employed as a sort of legislative assistant were spending nights in the same room, on the occasions the woman stayed in the capital.

The young woman has said that McAllister raped her “just about” every time she stayed in the house.

Both Mullin and Corcoran seem to have adopted a relentlessly aggressive incuriosity about their roomie and his (cough) intern. Corcoran’s “as far as I know” is matched by Mullin’s “I assume [the basement is] where she slept.”

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Who is this “Norm McAllister” of whom you speak?

It was a real pigpile in the Statehouse today, as every politician rushed to give their two cents’ on Sen. Norm McAllister. And while Friday’s reaction was shock and surprise and even a smidge of sympathy for Good Ol’ Norm, today it was the ultimate game of Hot Potato, starring McAllister as the spud in question.

But he was more than just a hot potato; he was more like a potato baked in the hot zone of a nuclear reactor, marinated in snake venom, glazed with a hobo-puke reduction and liberally sprinkled with powdered essence of skunk. Such was the unseemly haste with which Our Leaders sought to distance themselves from McAllister and his [alleged] crimes.

There were universal calls for his resignation, as if the presumption of innocence had withered and died under the sheer ick factor of the [alleged] offenses. And, quick as a bunny, Lt. Gov. Phil Scott announced that McAllister would resign within 24 hours.

The news of his coming resignation elicited barely-concealed sighs of relief and metaphorical mopping of brows all around. But there was one small problem: Nobody told Good Ol’ Norm.

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No, John, that’s not how an ethics panel works

I feel so proud.

In announcing his complete reversal on the need for a Senate ethics panel, Senate President Pro Tem John Campbell put his finger squarely on the source of the problem.

The panel would also give a lawmaker accused of wrongdoing an opportunity to refute allegations made by “journalists or bloggers.” Campbell said lawmakers need a place “where people can go to clear their name if someone makes an accusation.”

Aww, John. I didn’t know you cared.

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