The Unbearable Weirdness of Being Attorney General

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Over the years, I have written some unkind things about the last two Vermont Attorneys General, Bill Sorrell and TJ Donovan. I can’t say I regret anything in particular. But in light of recent events, it must be said that some of their actions have less to do with political timidity or personal fecklessness and more to do with the inherent weirdness of the office itself.

Our current Attorney General, Charity Clark, has been all over the news this week. She joined other AGs in challenging the Trump administration order ending birthright citizenship. She announced a multi-billion-dollar settlement of a lawsuit against the Sacklers and other bigwigs of Big Pharma responsible for an epidemic of substance use disorder. Strong stuff.

At the same time, her office was before the Vermont Supreme Court defending Gov. Phil Scott’s appointment of Zoie Saunders as interim education secretary. Yes, a Democratic AG was taking the side of a Republican governor in a lawsuit filed by a Democrat and a Progressive.

Because she had no choice. Clark, like Donovan and Sorrell before her, can act like a progressive firebrand outside of Vermont, but she must defend the status quo within the state. It’s literally in her job description: She is the people’s lawyer, yet she also represents the state. And when those two notions are in conflict, her duty to the state comes first.

Here’s another encapsulation of the weirdness. Clark is pursuing a suit (originally filed by Donovan) against fossil fuel producers for knowingly contributing to global warming. But Clark would represent the state in a suit filed by the Conservation Law Foundation over the state’s failure to reduce greenhouse gas emissions. She’d be arguing against climate action. Not because she’s an environmental hypocrite, but because she is legally bound to represent the state in court.

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Scott to Drowning Man: “A Rising Tide Lifts All Boats”

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When pondering a title for this post, I was tempted to borrow one of the most famous headlines ever written: the New York Daily News’ encapsulation of then-president Gerald Ford’s refusal to consider a federal bailout for New York City, which was then at risk of bankruptcy. But this post is about Vermont’s homelessness crisis and people are literally dying for lack of shelter, so I chose a slightly less on-the-nose title than “Scott to Homeless: Drop Dead.”

The point remains. People are going without shelter, people are dying, people are suffering, and Gov. Phil Scott doesn’t care. At least he doesn’t care enough to actually do anything about it. After setting up two Potemkin village “family shelters” capable of housing 17 whole families, the Scott administration has done nothing further to increase shelter capacity or give aid to the helping agencies that are doing their absolute best to keep people from freezing.

The governor has had time to put together significant new proposals on the public education system and on housing, which is to his credit, but there has been no similar effort for the homeless.

Meanwhile, we’re in the middle of another cold snap with nighttime temperatures well below freezing and daytime temps being frigid enough to pose a danger to human life.

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The Curious Case of the Senate Education Committee

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I haven’t written about the Legislature’s newly reconstituted committees because there’s been a lot of other stuff going on. But there’s one committee that really caught my eye, and that’s the Senate Education Committee. Since education funding and structure are likely to be the dominant (and most contentious) issues in the new session, this panel will play a key role.

The Senate’s Committee on Committees chose to split the panel right down the middle — three Democrats and three Republicans. It’s pretty unusual. for the majority party to voluntarily relinquish its customary right to occupy most of the seats. Senate President Pro Tem Phil Baruth said the intention was to create a committee that would “put out bipartisan bills.”

Sounds noble. It also puts the Republicans on the spot. They can’t just sit back and vote “No” on Democratic proposals. If they don’t come to the table and negotiate, then nothing will get done.

Still, the Democrats are ceding power when they didn’t have to. Usually, a policy committee would craft bills favoring the majority’s agenda and then see the bills get watered down as they meander through the legislative process. In this case, the compromising will begin immediately. But that’s not what’s bothering me the most about the education panel.

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Blowin’ Smoke on the Clean Heat Standard

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For the better part of a year, Gov. Phil Scott has been blasting the Clean Heat Standard by claiming it could cost Vermonters a billion dollars or more. It became a big part of the Republicans’ campaign to blast legislative Democrats for making Vermont unaffordable.

Well, about that. Last week, the Public Utility Commission — whose members were appointed by Scott and who have collectively been doing their best to block or slow the growth of renewable energy in Vermont — came out with a radically lower cost estimate. According to the PUC, the Clean Heat Standard would likely raise the cost of oil by less than a dime a gallon in 2026 and could – emphasis on could – increase oil costs by another 45 cents by 2035. A possibility, and that’s all it is, for an increase far lower than Scott’s beloved $4 a gallon.

Gee, that’s inconvenient. You mean the governor and his party have been blowing smoke about the Clean Heat Standard all along? Just for the sake of politics? Shocked, I am shocked.

Equallly shocked I am that the PUC manufactured, out of thin air and whole cloth, a substitute rationale for killing the CHS.

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Turnover at the Top of the Vermont Democratic Party, Again

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Last week, VTDigger reported that Jim Dandeneau will resign next month as executive director of the Vermont Democratic Party, the top paid staff position. Well, now I can report that David Glidden is also resigning next month as chair of the VDP, its top unpaid position.

Glidden told me his resignation will take effect on February 22, when the party’s state committee will meet to elect his successor. “With Jim exiting, it made sense for the party to have a transition and give the new team a long runway [to 2026],” Glidden said.

The departures were probably inevitable following the Democrats’ historic losses in the legislative elections, although Glidden downplayed any link. “There were bigger issues outside of the party structure that impacted the election,” Glidden said. “The core party functions were decently successful. It was just a really tough environment.”

You can’t really blame Glidden or Dandeneau for the Democratic Legislature’s failure to communicate its successes or find a way to message the property tax situation, Gov. Phil Scott’s effective anti-tax campaigning, or the VDP’s failure to field slash support a competitive gubernatorial candidate, which meant there was no one on a platform prominent enough to counter the governor’s attacks. But there were signs of trouble in the VDP’s finances, and party leaders are responsible for that.

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The Barons of Burlington Discover That #vtpoli Is a Cheap Date

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Secretary of State Sarah Copeland Hanzas’ brand spanking new campaign finance portal is up and running, and boy howdy, is it an improvement on the old system. Much more information readily available, searchable, downloadable. Too bad nobody in the media, with the occasional exception of VTDigger, pays any attention to campaign finance anymore because (a) the entire idea behind campaign finance law is that sunshine disinfects, but that doesn’t work if the cleanup crews are off the clock, and (b) the new system makes the task much easier.

One huge improvement is the ability to track individual donors. Previously, donor records were extremely difficult to work with. Frequent benefactors would have numerous records, each one bearing a slightly different spelling or punctuation of their name or contact information. If I wanted to track, say, ultraconservative megadonor Lenore Broughton, I’d have to open and review literally dozens of files.

Now all I have to do is click on the “Contributions” button and type Broughton’s name into the “Contributor Name” field, and I can see all her donations to Vermont candidates and organizations in one list. So I can report that so far in 2024, Broughton has shoveled a total of $28,420 into Vermont’s political ecosystem. (This doesn’t include her federal activity; she’s given a whopping $82,700 to federal candidates and organizations in 2024. Including such worthies as Speaker Mike Johnson, Sen. Josh Hawley, unsuccessful Senate hopefuls Eric Hovde of Wisconsin and Kari Lake of Arizona, and an org called Black Americans Political Action Committee, which bears a strong smell of astroturf. She also gave $2,000 to Scary Eagle Man Gerald Malloy. Because he was a federal candidate, that donation was reported to the Federal Elections Commission, not the Vermont Secretary of State.)

The system isn’t perfect. I came across one instance where a donor I think of as an adjutant Baron, Robert Lair, had his name misspelled as “Liar,” so one of his donations didn’t appear with the others. Oh well.

But hey, let’s get to the point, shall we? This being the fifth paragraph already.

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The Legislature’s Ethics Regimen Continues To Be a Sick Joke

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Last week, the House Ethics Panel issued its annual report — and provided its annual reminder that the Legislature’s ethics process is meant to serve its members, not the public interest.

The entire report occupies less than half a page of copy. Three paragraphs, 11 lines, 123 words. Took me a brisk 43 seconds to read it from start to finish. (At least the House panel actually filed a report. There’s no sign of a corresponding document from the Senate Ethics Panel.)

The report complies with the law, which means there are no details whatsoever. Everything is concealed from public view except the scantiest outline of the Panel’s minimal activity for the year 2024. The report can be downloaded from the General Assembly’s list of Legislative Reports, for all the good it’ll do ya.

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Seven Days Accepts Conservative Cash to Investigate the Democratic Legislature

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This is a terrible idea.

Seven Days publisher Paula Routly used her latest column to trumpet a new journalistic venture. Or should I say “misadventure”?

The basic concept isn’t a bad one. The paper is hiring a reporter to conduct a series called “Ways and Means” examining how effectively the Vermont Legislature is doing its job. That’s a subject worthy of exploration, although it’s also true that legislative bodies are, by their very nature, clunky and inefficient. You want maximum effectiveness? Get yourself a king or a dictator. And the Vermont Legislature is part-time and has virtually no paid staff, so it lacks the resources to be as effective as it could be.

But that’s not the bad part. The bad part is how the project is being funded. Routly describes the money as coming from “two Vermont philanthropists” who are former politicians “from opposite sides of the aisle.”

Their names? Bruce Lisman and Paul Ralston. Close observers of Vermont politics may already be rolling their eyes.

Lisman is a former Wall Street tycoon and dyed-in-the-wool Republican who once ran against Phil Scott in the Republican primary. He is one of the top Republican donors in the state, a prominent member of the unofficial club I call The Barons of Burlington. He and his buddies did their level best to eliminate the Democratic supermajorities last year.

Ralston, founder and owner of the Vermont Coffee Company, did serve two terms in the House as a Democrat but (1) even during his tenure he was known as a renegade centrist who thought he was the smartest guy in the room and (2) he hasn’t identified with the party since he left the Statehouse in 2015. More recently he has been politically independent and deeply critical of the Democratic Legislature. Details will follow. But let’s get this on the record right now: What we have here is two wealthy men who oppose Democratic politicians and policies, buying a series of reports designed to highlight the Democratic Legislature’s flaws and failures. There will be no corresponding examination of the Republican Scott administration.

Lisman and Ralston won’t have editorial input. But they’ve established the playing field and the terms of engagement. They are buying coverage that will almost certainly favor their political beliefs. Routly’s whitewash doesn’t hide the fact that this deal is a gross violation of journalistic standards and a real shocker coming from what used to be Vermont’s alternative newspaper.

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All in All, Not a Bad Speech

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At the end of my previous post, I looked ahead to Gov. Phil Scott’s inaugural address (which I mistakenly dubbed “State of the State,” sorry) with these words: “We’ll see how much actual ‘coming to the table’ he does, and how much kicking the Legislature he indulges in.”

And now we know. The governor was sworn in and delivered his speech on Thursday afternoon. There was some definite kicking, to be sure. There was also a broad outline of an agenda that emphasized his usual talking points. But the final section of the speech was pure uplift. After ticking off the challenges we face, Scott listed some positive accomplishments not directly tied to anything partisan.

The first one, in fact, was a barely concealed slap at his fellow Republican, Donald Trump. “We’ve received over 1,000 refugees in the last three years and will continue,” Scott said, prompting one of two standing ovations that brought the entire chamber to its feet. (“Entire” as best I could tell watching the livestream, that is.)

His point was that Vermonters can tackle challenges and get hard things done. I may not completely share that optimism, but it was a positive, collaborative message.

At least for today it was. Scott’s budget address two weeks from now will contain the details of his 2025 agenda, and you know where the devil is.

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This One Had All the Drama of a North Carolina – East Nowhere Tech Basketball Game

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It was over before the shouting. Or the talking, for that matter. In retrospect, it was probably over from square one. At its organizing session Wednesday morning, the House re-elected Democratic Rep. Jill Krowinski as House Speaker by a lopsided 111-to-35 margin over independent Rep. Laura Sibilia.

The image above is not the cover for the little known Sergeant Pepper Bureaucrats Club Band album, but a press conference held by House Democrats before the House convened. In a calculated show of solidarity, dozens of Dems squeezed tight behind incoming House Majority Leader Rep. Lori Houghton, who described the caucus’ agenda for the 2025 session. Houghton began the presser by asserting, pointedly, “I am the new House Majority Leader.”

From that moment, there was no doubt that Krowinski would prevail. Unless you beleve that a now permanently hypothetical Speaker Sibilia would have retained Krowinski’s leadership team.

Frankly, all but the tiniest hint of doubt had been removed Tuesday morning when the Dems distributed an email announcing the press conference. I mean, if leadership is unveiling its priorities at a presser immediately preceding the vote for Speaker, then they must have known it was in the bag. How embarrassing would it have been for leadership to unveil its agenda only to be tossed out within a couple of hours?

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