Let’s Talk about “Mistakes Were Made” in Campaign Finance

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Everyone makes mistakes. The more charitable among us ask people to learn from them, lest they be repeated.

When it comes to issues relating to New York’s already comically lax and porous campaign finance regulations, mistakes can certainly be tolerated, but only up to a point.

After a while, “mistakes were made” becomes a convenient excuse uttered to avoid criminal liability.

One of the first things a student of criminal law learns is to define “mens rea” and “actus reus”. The latter is the commission of an illegal act – anything from stealing a piece of candy to murder. The former involves the trickier question of intent. The penalty for the illegal act of homicide is different for intentional murder as opposed to accidental manslaughter. It can even be excused altogether in the case of, say, self-defense. Therefore, it behooves someone caught doing something wrong to simply say it was an accident – a mistake or clerical error.

That might make a prosecutor’s job more difficult, but intent is usually proven through circumstantial evidence.

The Buffalo News published a story on Sunday written by Bob McCarthy, but the information therein was clearly supplied by Republican Board of Elections Commissioner Ralph Mohr. McCarthy and Mohr explain that the Buffalo Republican Committee is out of money, and that its prior chairman stands accused of draining its treasury by making donations to political committees controlled by rogue nominal Democrat G. Stephen Pigeon.

Pigeon is believed to be a target of the state and federal investigations into campaign finance illegalities we’ve come to know as “Preetsmas“. At least since his ouster as chairman of the Erie County Democratic Committee, Pigeon has made a career of of attracting and funnelling big money to thwart the Democratic Party and help transactional malefactors like Pedro Espada, or the Republican Party, as happened in Erie County in 2009 and 2013. He stands accused of doing this through careful manipulation and exploitation of the outer edges of campaign finance legality. When he or his lieutenants push through the regulatory envelope, they can just say it was a clerical error; a mistake; inadvertent.

But they’ve been doing this for years. They’re professionals. This is what they do. Nothing is a mistake – all of it is calculated, based on the presumption of regulatory and prosecutorial distraction and inaction.

The Buffalo Republican Committee contributed a jaw-dropping $9,200 in October 2014 alone, and none of the recipients of that money accounted for it in mandatory reporting to the state Board of Elections. $4,700 of that was donated to yet another, hitherto unpaid-attention-to Steve Pigeon ratfcking PAC called “WNY Freedom”.

Pigeon set up “WNY Freedom” in late 2013, around the same time that the Preetsmas target WNY Progressive Caucus (a/k/a “AwfulPAC“) was winding its activities down. Its first donations, as the News reported, came from Carl Paladino.

Buffalo developer Carl P. Paladino, who also is not suspected of any wrongdoing, said Pigeon asked him to donate $1,000 in October 2013 – immediately after the WNY Progressive Caucus raised $267,000 for opponents of candidates backed by Pigeon adversaries in Democratic headquarters.

For some reason, Carl didn’t just send a check for $1,000, but instead broke it down into five separate $200 donations made by five separate Carl-controlled LLCs, making good use of New York’s execrable LLC loophole.

“WNY Freedom” filed “no activity” statements in every 2014 financial disclosure report to the State BOE, which leads me to believe that Pigeon was planning to use it for whatever Pigeoning sabotage he was planning to undertake against Democrats during the 2015 election cycle – a sabotage that has been thwarted thanks to a distraction courtesy of state and federal investigators. And that’s the problem, because the city Republicans gave WNY Freedom $4,700.

Paladino told the News that he gave the money to Pigeon’s PAC because

He said he viewed the city GOP and Pfaff as helpful toward building a new majority on the School Board, but never knew how his donation would be used.

We still don’t, as WNY Freedom has never disclosed any expenditures whatsoever. It is true, however, that Pfaff helped Paladino by assisting in gathering petitions for Patty Pierce, Paladino’s majority ally on the school board. It should be noted that Pfaff lives in Kenmore.

Pigeon earlier this year blamed “clerical errors” for discrepancies in figures reported to the Board of Elections for purchases of television advertising by the WNY Progressive Caucus and the actual amounts spent at local stations.

Pfaff, meanwhile, acknowledged mistakes in keeping WNY Progressive Caucus records, especially in reporting that Pigeon received $25,000 from the committee for consulting services. Though Pfaff acknowledged listing the $25,000 as an expenditure, he called it a mistake. He and Pigeon said the money was never received, with Pigeon blaming “sloppy” record-eeping for the entry in the campaign reports.

Pfaff now claims more mistakes and problems communicating with the state board for the failure to record any donations to WNY Freedom.

Pfaff went on to claim that the state board didn’t recognize that he had replaced someone else as treasurer of WNY Freedom. It’s true that the state BOE lists a Franklin Street address for WNY Freedom, not Pfaff’s Kenmore address. But it would have been incumbent on Pfaff to take affirmative steps to make the necessary changes and disclosures – not wait until July 2015 when Bob McCarthy starts calling. The Buffalo Republicans went from $20,000 to $450 in one reporting cycle.

“Two guys came in and gave me their card. We had a pleasant chat,” he said. “I did not knowingly or willingly break election law. I just don’t do that.

“There was poor record-keeping and poor filing,” he added. “I don’t do this for a living, I do it to help out people. And people make mistakes.”

They sure do, but how long have David Pfaff and Steve Pigeon been doing stuff? Over a decade? How do you not know to accomplish one of the most basic things – disclosing contributions made to the political committee for which you’re supposedly treasurer. And if Pfaff wasn’t the treasurer, then it was the treasurer’s duty to do it correctly. This is neither rocket science nor some obscure trap for the unwary.

Former Buffalo Republican Treasurer Joseph J. Surdyk Jr. last September initially made out his committee’s check to People for Accountable Government, another Pigeon-connected independent committee that was active in the 2008 campaign. According to a copy of the check obtained by The News, Surdyk then crossed out People for Accountable Government as payee and substituted WNY Freedom.

Although things are somewhat quiet on the Preetsmas front, don’t for a second think that Kristy Mazurek and Steve Casey have been taking the summer off. They both carried petitions for Michele Brown, a Family Court candidate, and for Mike Drmacich, who is running for Tonawanda City Court. I’m still trying to figure out why Drmacich has a picture with Conservative fusion Party Chairman Ralph Lorigo on his website.

As for Pfaff, who is now on staff with Senator Marc Panepinto, his name has come up repeatedly throughout this Preetsmas holiday season; (here, here, here, here, here, and here). He has been politically involved for years, most of that time as one of Pigeon’s worker bee.

There’s no way “mistakes were made” here, just like no mistakes were made in any of this. Everything that is happening was undertaken deliberately, with the expectation that nothing would come of it; that even if the authorities got wise to it, there’d be a slap on the wrist.

The only “mistake” that was made was overplaying their hand in 2013 and catching the attention of the county and state Boards of Election, and the office of the Attorney General and U.S. Attorney.

Let’s Talk About the Eastern Hills Mall

Rendering of the "Amherst Town Centre"

Rendering of the “Amherst Town Centre”

I’ve lived in western New York for almost fifteen years – all of them in the Northtowns. I have visited the Eastern Hills Mall countless times – mostly to pick up something quick that wasn’t worth a trip to another municipality. As land values surrounding that mall have gone up and people have moved into East Amherst, Williamsville, and Clarence, I’ve waited for someone to invest some money into that place and make it at least nice.

New owners a decade or so ago put a new sign up on Transit and brought in a Dave & Busters, an Orvis, and even a Brooks Brothers 346 store. There’s a Gap, a Spencer’s, and a handful of other stuff, but it’s like an appendix – it’s there, but if you lost it you’d never know the difference. Dave & Busters is leaving, Brooks Brothers is gone, and Orvis is your go-to place for overpriced fishing supplies and $100 casual shirts.

I’ve seen some pretty nice re-dos of old malls – the Yorkdale in Toronto comes to mind. But the Eastern Hills Mall is tired and unpleasant. It’s a sad mall surrounded by crumbling surface parking that’s used more often for Transitown’s overflow inventory and teaching motorcycle operation rather than accommodating thousands of putative disappointed shoppers.

The Eastern Hills Mall needs to be demolished, at least in part. In its place, the owners should build the region’s first lifestyle center. That’s what the owners of the Nanuet Mall did in Rockland County a few years ago, and the difference is night & day.

Both the Eastern Hills and Nanuet Malls were built around the same time – ca. 1970. Here’s what Nanuet used to look like:

And here’s what the Eastern Hills Mall looks like today:

And here’s what the Nanuet Mall looks like now, reconstituted as the “Shops at Nanuet”:

In Nanuet, they turned the old anchor stores – Macy’s and Sears, for example, into free-standing department stores, but tore down the mall and transformed it into a little walkable neighborhood. It’s got sidewalks, angle parking, the buildings are built to the curb, and you can walk around just like in the olden days.

I realize it’s not the Elmwood Village or even East Aurora or Main Street in Williamsville. It’s manufactured, it’s fake, and it’s a managed shopping center property. It’s still a mall, albeit one designed like an old-fashioned downtown. As malls have become less popular, many have been reconstituted into “lifestyle centers” – something popular throughout the country, but non-existent in WNY. Benderson, now based in Florida, owns and manages many lifestyle centers down South. It proposed one for Maple in Amherst where the gun range used to be near UB, but the neighborhood killed that, so now it’s just overgrown weeds.

Here are renderings that Benderson commissioned for what was going to be called the “Amherst Town Centre“. It would have boasted not only retail, but a hotel, second-floor office space, and a residential component- a true mixed-use development, and it would have been a first for WNY and introduced our strip-mall obsessed region to something new. One was also proposed for Clarence on Transit at Miles, but both projects died sometime before 2010. Clarence has a strict master plan, and re-zoning can be a difficult maze to navigate.

Aside from being more aesthetically pleasing than an early 70s mall with 80s upgrades, lifestyle centers tend to cater to upscale consumers, and the Eastern Hills Mall is surrounded by some of the wealthiest neighborhoods in WNY. They require less real estate, and generate more revenue per square foot.

So, Glenmont MDC Eastern Hills LLC, if you’re reading this, tear it down and build something that isn’t horribly ugly. Build it closer to Transit, replace some of that disused parking with something – anything (trees? park? ice rink facility?) and drag Transit Road into the 21st century.

Republi-Greens

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Chances are pretty good that Preetsmas has at least temporarily put the kibosh on any potential Pigeoning of Democratic races for the county legislature. So, the Republicans have to come up with a different way to futz with Erie County’s Democrats. But it’s not just the Republicans – Democrats in myriad races have also decided to try and add a party line because ¯\_(ツ)_/¯

The way to run without a party’s imprimatur is through an “opportunity to ballot”.

So it is that Lynette Batt, an 87 year-old Green Party member filed nominating petitions Thursday with the Erie County Board of Elections for the 5th legislative district, the seat currently occupied by Democrat Tom Loughran. The Green Party is unique among New York’s minor parties in that it never issues Wilson Pakulas; that is to say, it won’t play the electoral fusion cross-endorsement game that enriches and empowers the Independence, Conservative, and Working Families Parties. The only way for a non-Green Party member to get on the “G” ballot is via OTB. For their part, the Republicans are running Guy Marlette, so running Batt would be a handy way for the GOP to hurt Loughran and split the left-of-center vote.

Green Party State Committee Co-Chair Gloria Mattera doesn’t know who Batt is, and says the party had nothing whatsoever to do with it. She explained that, “I heard that several people in Erie County were circulating ‘opportunity to ballot’ petitions, and the state committee sent out an email blast asking members to not sign any blank nominating petitions.” Erie County Green Party Committee Chairman Eric Jones, who filed petitions to run for County Executive against Mark Poloncarz, confirms that his committee knew nothing about Ms. Batt or her candidacy, and that he first heard about her “candidacy” on Monday.

Republican Committee Chairman Nick Langworthy personally delivered the 5 pages of petitions to the Erie County BOE on Batt’s behalf.

According to Jones, the only legitimate Green Party candidates are Jones himself, Charles Tarr, who is running for the Niagara District Council seat in Buffalo, and Anthony Baney, running in LD-3 for the Peter Savage seat. Anyone else – DiTullio, Bargnesi, Freedman, Brinkworth, Batt, JaHarr Pridgen, and other judicial candidates (for whom the rules are different), filed an opportunity to ballot, a particularly arcane piece of New York Election Law that the Green Party would actually like to see abolished, according to Mattera. The Greens don’t just not like all this – they think it’s unconstitutional.

The Green Party pointed out that Cuomo’s proposal is similar to the existing opportunity to ballot law, which the Greens and other ballot law experts contend is unconstitutional. The existing law allows non-party members to force a primary with the opportunity for party members to write in any candidate they want by collecting signatures.

Under the opportunity to ballot, the board of elections says, “Party members may also circulate petitions to create the opportunity to write in the name of an unspecified person for an office in which there is no contest for the party endorsement.” Batt is a Green Party member, and the process is described as follows,

We have had experience with local Republican judge candidates tricking local Green Party enrollees into signing their Opportunity to Ballot petitions (method 2) to get onto the Green Party ballot line. The Republican candidate never explained what their party registration was or what the petition was for. The Green Party members just assumed that anyone bringing them petitions must be Green Party members also. When the Green Party members found out they had been deceived they worked, successfully, to keep the Republican from getting the Green Party line.

To be clear – both Democrats and Republicans have circulated Green petitions in judicial races this cycle. The party has such a small enrollment – 1,551 in Erie County – that the number of petition signatures needed to get on a ballot (especially in a place like Clarence or Alden) is microscopic. It’s an easy way for a candidate to get his name on an extra line with little effort.

What all of this amounts to is a further illustration of just how ridiculous New York’s electoral system has become. It’s a free-for-all where Republicans circulate Green Party petitions. It’s one thing for a candidate to circulate them to get an additional line – stupid as it is, that’s how the state system works. But in LD-5, the Republicans didn’t circulate OTB petitions for Marlette to get the G line – they are running an actual G candidate to divert a small handful of votes away from the Democratic incumbent.

Godly Hate and Christlike Crimes

IMG_0548_JPGOn Twitter, someone posted a piece of this story, so I reached out to the actual victim to find out what happened. Dan and Alexandra Palmer of North Buffalo sometimes flew a flag that looked like this, alternating it with a Buffalo flag.

The Buffalo flag came down and the US rainbow flag went up when the Supreme Court’s decision legalizing same sex marriage came down a few weeks ago. Dan Palmer says,  “I made it a point to fly the rainbow. My wife and I are not gay, bi, or trans but we support equal rights for all people.”

On Monday morning, the couple awoke to find the flag burned on their front lawn with a note placed on top of it. Police and neighbors were milling about. Here is what they saw:

Here is the note that the perpetrator placed on top of his handiwork,

“You have dishonored the flag, Christ ______ the symbol of America, the nation that I love. Just enough _________ You have twisted the flag so many men and women have _______ protect all that it stands for, and in doing so offended not only myself, but the very religion this country was founded upon. The rainbow was the L-RD’s way, the L-RD’s message to all mankind that never again would the earth be destroyed by flood. Homosexuals have taken his message and used it for the symbol of something he does not approve of, and furthermore disgraced my nation’s flag. From now on, whenever and wherever another abomination of a ‘flag’, I will burn it so long _______ gasoline. You can raise your flag, and I will raise ________.

Uncle Sam”

Palmer explains that, “we weren’t able to touch anything, smooth the creases or move the rocks because the police wanted them as evidence. And I was a bit surprised at how seriously they took the situation. There were 3 patrol cars and a detective in an unmarked vehicle. They interviewed as many neighbors as they could rouse, took what evidence they could, searched the block for matching rocks (found in a garden a few doors down.)”

One of the things that flag stands for – whether it has red and white stripes or a rainbow – is freedom and liberty. Your neighborhood homophobe arsonist might, for instance, fly a confederate flag. You don’t have to like it or what it stands for, but you have no right to come onto his property, remove the flag, and burn it with gasoline. That’s a crime.

Likewise, a homophobic firebug who happens upon a rainbow American flag doesn’t have to like it, and can be as “offended” as he wants, but that doesn’t give him a license to commit theft, vandalism, and arson. Palmer adds, “I am also a strong supporter of free speech, even for folks with whom I strongly disagree. If the individual responsible for this wanted to sit on his (or her) own lawn and burn his property, he’d only be wasting his own time and money, as well as doing his neighbors the service of letting them know what a dumbass he is (knowledge that could come in handy,) but this clearly crosses a line”

The Palmers promise to replace the burned flag, and many neighbors express that they will do the same. Palmer, however, has some concerns, “I do not want to cave to bullying or let hate win. But I am concerned about the safety of myself and my family. It’s chilling to think that this was far from an impulsive act. Someone took the time to write out that letter. They obviously stood by and waited for the flag to burn before leaving it.”

I’m heartened by the fact that the police are taking this matter seriously, and sincerely hope that the content and style of the note helps the authorities catch whoever committed this act of hatred. Indeed, it’s quite possible that the perpetrator, when caught, will be charged with a hate crime, which would render something like criminal trespass to be a “violent felony offense”.

Trespass, theft, and arson don’t constitute the free exercise of religion or free speech. Stop using God to justify hate, crime, and hate crimes.

Get To Know WNY’s Presidential Candidates: Buttocks 2016

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Western New York boasts three Presidential candidates.

If you think Marco Rubio is too green, Donald Trump is too brash, and Jeb Bush is too formulaic, then Republicans ought to take a serious look at Niagara Falls’ own Silvia Stagg. At her website, she rolls through her resume, and adds,

Help me to save our endangered world and our precious and endangered  White Christian European Descent Race now facing Race Extinction within One Hundred Years by making me your US President!  I  require Campaign Funds (US$2,500.00-US $5,000.00) Per Person Each Primary-General Election Campaign Season to Assist my Ballot Access – Televised Debate Access.  Kindly Contact All Fifty US State Republican and/or Democratic Party Chairmans-Vice Chairmans and have me placed on all Primary – Caucus Ballots and Designated Republican/Democratic Presumptive Presidential Candidate.  The Presidential Filing Process for Fifty State Primaries-Caucus is Honorable but Expensive and Arduous and I am your only Life Extension Candidate!

So, that seems pretty reasonable. She also claims to be a “Good Gnome Individual”, which she explains,

The United States Congress authorized Silvia Stagg personally and as Owner-Permanent Senior Administrator of All Most Trusted Programsusa on/off planet to mine-clone-mint-print Currency and Coin including for the United States of America and the World for All Debts Public and Private and to Ensure the Socioeconomic Success/Stability of the Most Trusted Programs (including the privately owned/controlled Spacehubusa (and its ASAPs/Aerospace -Air Ports worldwide/on-off planet Earth)-SpaceCityusa-Moonbasesusa-Spacestionusa). Thus assuring the survival of Silvia Stagg, allowing future Good Gnome Individuals to survive and become empowered to lead society-government, and the survival of the White Christian European Descent Race, nearly driven into race extinction systematically via a history of race emasculation and disenfranchisement nationwide/worldwide by the non good gnome society/government historically in power. (Silvia Stagg is reportedly last good gnome who has been instructed since February 2002 by the United States Government to disseminate the Good Gnome into the White Christian European Descent Race (and upon brain tap-time clock inclusion study possibly some/all Minority Persons).

If Ms. Stagg doesn’t interest you, there’s Kenmore independent candidate, SEO specialist Eric Nagel. There’s no campaign presence online, but I reached out via Twitter, where he explained that he filed his paperwork “because I wanted to teach my kids (and Scouts) that anyone really can run. Democracy in action.”

Down in Jamestown, high school teacher Mark Sleggs has also entered the race as a Republican. I originally assumed it’s part of some school project for social studies or Government. The only problem is that Sleggs is a math teacher. I have emailed Mr. Sleggs and his campaign treasurer for more information.

Finally, perhaps the most significant entry into the Presidential race this year – and someone who has as much of a shot as Donald Trump – Buffalo’s own “Sydney’s Voluptuous Buttocks“.

We don’t know much about Mr. Buttocks’ platform from his website, but he posted a video of gruesome images of war with a Simon & Garfunkel soundtrack. The campaign slogan is catchy, however: “Please vote for Sydney’s Butt to be the president. After all, every politician is an asshole so what’s the difference?”

Mr. Buttocks also posted this video, which is all about “love”.

George Boria of Buffalo is the treasurer for the Buttocks campaign committee, and the Buttocks persona is his alter ego.

Boria says that, “it started as a joke. All politicians are assholes, so why not elect the entire ass?” Boria, a WNY native, has a job working maintenance at a housing development and will be attending SUNY Brockport in the Fall. He identifies himself as “left wing”, and when asked to sum up his platform, he sums it up as, “higher minimum wage, redeveloping a national science department, and cutting ties with the chinese industry to bring jobs back to the United States middle class.”

A platform not at all as silly as one might infer from the candidate’s name. When asked about that, Boria said, “No, it started out silly but developed into a real cause. I also want to see tax cuts on the upper class and bringing an end to the fast food industry by making higher education more available, free community college combined with the high school curriculum.”

Good luck, candidates!

Trump the Lumpenrich

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Donald Trump is one of the best cartoon characters of recent times – even Scrooge McDuck seems like a reasonable guy by comparison. McDuck might dive into a pool of gold coins, but he’s known for his frugality. Donald Trump is the flashy caricature of the nouveau riche asshole who gold-plates everything and preens around like an Arab Sheikh.

As Trump does palpable harm to what’s left of his brand and the Republican Party’s Latino outreach efforts, let’s not forget that in 2013 it was our own Republicans here in western New York who pushed Trump to run for Governor against Cuomo.  That’s a terrifying threat to replace the wild, unchecked egotism of Andrew Cuomo with a wealthy walking id.

Trump’s especial brand of anti-Obama birtherism plays well for like-minded fellas like David DiPietro and his tea party “Mass Murder Dylann Roof had a point” cohorts.

Donald Trump will never be President. He is a construct of the media and he’s polling well with Republican primary voters, but wildly disliked overall. Trump’s rise in the poll is him being patted on the back by the same people who are angry about the Confederate Flag, same sex marriage, and the people still clamoring for Obama to be removed from office for being an Indonesian Kenyan Manchurian candidate usurper. He is the candidate of anti-intellectual America, and the defeatist white male upstate voter with a “repeal NY SAFE Act” lawnsign; Cuomo is the devil, and Obama isn’t even human. They aspire to be just like Donald Trump, and they love that he thinks like they do – and he has the money and name recognition to not care what anyone thinks. 

Donald Trump would accomplish nothing. He would do nothing for education, for the poor, for upstate’s economic malaise, for Buffalo, or for anyone except the tea party and the ultrarich. The headlines related to the upstate effort to recruit Trump for governor should have read, “Lawmakers to Massage Trump Ego, Trump Reacts Favorably”.

However, Trump has done irreperable damage to his brand (and that of his children). His outrageous and false defamation of Mexican immigrants have prompted numerous people and companies to completely abandon the tarnished “Trump” name. For once, Trump is learning that the 1st Amendment and $4 billion in the bank can’t protect you from the very real, public consequences of the false and outrageous things you say. Macy’s and other companies have a business to run, and they simply can’t afford to be associated with a bigot.

The Trump name used to stand for opulent, rococo luxury. For most people with some taste, it was always over the top; kitsch, but quality kitsch. He’s always been a colorful public figure, brash and opinionated. But with his political behavior, he has taken the Trump name and essentially thrown it in the toilet.

He has now supplanted Orly Taitz as American birther-in-chief. His anti-Obama public political pronouncements have been false, offensive and loaded with thinly veiled racial animus – claiming that the President is foreign, socialist, evil, doesn’t have America’s best interests at heart. Even many Obama detractors who think his policies are wrong would concede that he hasn’t led the country over the last four years like the Bolshevik some make him out to be.

Trump throws shade at Mitt Romney and Jeb Bush, but Romney used Trump as a surrogate; Trump is disloyal and has a constituency of one.

Over the past few years, Trump has polarized customers and voters, and ruined a formerly strong brand. Adopting crazy, fringe political viewpoints and broadcasting them in a way that is equal parts arrogance and ignorance won’t win him the Presidency, and will only deepen the already-extant boycott of his products. He’s also a hypocrite, bemoaning the very free trade deals that made it economically smart for him to exploit cheap labor and manufacture suits in Mexico and ties in China.

As for economic stewardship, Trump companies have gone bankrupt four times, avoiding legally binding debts.

Trump is one of about 15 Republican Presidential hopefuls, and he not only threatens the viability of his own brand, but the Republican brand in general. The more nonsense that comes out of his unfiltered mouth, and the more he beats up on the most vulnerable and powerless in our society, and the more he demeans his fellow candidates, you’d not be crazy to think that he might actually be a liberal plant setting up the GOP for self-immolation.

Enjoy the ride, Republicans, but remember that whatever Trump’s doing, he’s only in it for Trump.

The Buffalo Tea Party on “Race”

Not that angry, not that mobby - Flickr - Photo Sharing! 2015-07-01 07-11-40

In the wake of the vicious, racially motivated mass shooting in Charleston, South Carolina, we have seen quite a spectacle—even longtime conservative supporters of the treasonous Confederate Flag have denounced it. Only the far fringes of the racialist right-wing movement have made excuses for what the shooter did, and why he did it.

Have you heard people accuse the shooter of being a “leftist“? White supremacy is an ultra-right-wing mindset because it takes something healthy, like patriotism or nationalism, and contorts it into hatredoften genocidal or nihilist. Karl Marx and Vladimir Lenin were communists, but they weren’t nationalists. On the contrary, their ultra-left-wing ideology called for an international revolution of the proletariat in order to bring about what they perceived to be a just economic order.

By contrast, fascists such as Francisco Franco, Benito Mussolini, and Adolf Hitler took some of the bits of Marxism—that the rights of the individual must be subsumed by the needs of the collective (in Marx’s view, that collective had to do with class—in fascism, it was the “nation” or the “fatherland” or the “volk”). Fascism was a corporatist system that also incorporated some form of ultra-nationalist xenophobia and hatred—national supremacy. Hitler’s Naziism was the purest and most evil distillation of that.

On the political spectrum, Naziism and fascism are ultra-right-wing, while communism is ultra-left-wing. After all, the fascists did to capitalism what they did to nationalism, and contorted it into something evil. Their only common threads were violence, dictatorship, and totalitarianism.

Therefore, when we are discussing ultra-nationalist white supremacists here in the US, not only do the true believers like this kid who shot up the Charleston church self-identify as hard right, but that’s just where it sits on the spectrum. Ultimately, ultra-nationalist, white supremacist, nativist thought is a perversion of conservatism itself. They take the notion of maintaining the status quo and distort it into spreading hatred of some “other”—usually a historically oppressed or powerless minority that can easily be demonized. In Germany, they perverted their nationalism into a virulent and genocidal hatred of Jews, Roma, Slavs, etc. In Serbia a hatred of Croats, and vice-versa. In Russia, a hatred of the West.

I’m not suggesting that the shooter was a Republican—just that he was a neo-Confederate ultra-right-wing genocidal monster.

No reasonable person on the left wants the Confederate flag banned because you can’t ban it—it’s political speech. It would be stupid to try, as the 1st Amendment protects the rights of people to be neo-Confederate racists and fly that flag.

Pointing out that someone made up Clinton/Gore badges with the battle flag on it back in 1992? We don’t know that it was sanctioned by the campaign, but if people are pointing out that the Clinton’s tolerance of that flag is different now than it was 30 years ago. That’s great! We should encourage people to assess the facts and alter their opinions accordingly. I’ll note that Governor Nikki Haley and Senator Lindsey Graham supported that flag flying on State grounds two weeks ago, and have recently changed their minds. Good for them.

I’ll note that, as far as I’m concerned, anyone who voices support for that flag or its continued flight over any state property anywhere—and that includes several state flags of Southern states—is voicing support for slavery, sedition, treason, and white supremacy. You can shout “heritage” all you want, but the heritage that flag represents is one of genocidal racism.

So it should come as a shock that a local leader of the tea party—a supporter and lackey of Carl Paladino and a vicious, unprincipled liaraffirms some of the hatred that the Charleston mass-murderer Dylann Roof espoused.

In a speech that she delivered—as a Grand Island resident, taxpayer, and voter—to the Buffalo Board of Education (on which Paladino sits), she said this:

Quoting a rather insightful comment from Dylann Storm Roof, the extremely disturbed young man who killed church members in Charleston last week, he said “Black people are racially aware almost from birth, but White people on average don’t think about race in their daily lives.”  He apparently tragically felt that needed to change, presumably in response to the violent race riots of late and the astonishing calls for violence against all Whites.

Holy. Shit.

Now, you can allege that I took this out of context. Here’s what preceded it:

I am personally very disturbed by the demand for a black superintendent.  Imagine the outrage if some were to insist upon only a white superintendent. Apparently, the reasoning being “No one can understand the needs of our children like a black person can.”  What, black children are different than white children?  How so?  Are they less capable?  Not as intelligent?  Does poverty affect their ability to learn?  I can tell you from experience, with proper structure and support, it doesn’t.  We believe the answer is NO, children do not have special needs based on the color of their skin, and children in Buffalo Public Schools do not belong to the black community alone.  We ALL care deeply about raising the level of achievement and providing a better future for ALL children stuck in failing schools.  To think otherwise is not logical.

So, within the context of some members of the Buffalo schools community preferring an African-American Buffalo schools superintendent, a Grand Island interloper wants the school board to know that racist mass murderer Dylann Roof made an “insightful” observation in his own semi-literate “Mein Kampf”.

The difference, in case it needs to be repeated, is that white people used to own black people, and that history of institutional, legal white supremacy and racism remains baked into our body politic. Yes, poverty does affect kids’ ability to learn, and countless scientific studies confirm that fact. From this article,

  • Children living in poverty have a higher number of absenteeism or leave school all together because they are more likely to have to work or care for family members.
  • Dropout rates of 16 to 24-years-old students who come from low income families are seven times more likely to drop out than those from families with higher incomes.
  • A higher percentage of young adults (31%) without a high school diploma live in poverty, compared to the 24% of young people who finished high school.
  • 40% of children living in poverty aren’t prepared for primary schooling.
  • Children that live below the poverty line are 1.3 times more likely to have developmental delays or learning disabilities than those who don’t live in poverty.
  • By the end of the 4th grade, African-American, Hispanic and low-income students are already 2 years behind grade level. By the time they reach the 12th grade they are 4 years behind.
  • In 2013, the dropout rate for students in the nation was at 8% for African American youth, 7% for Hispanic youth, and 4% for Asian youth, which are all higher than the dropout rate for Caucasian youth (4%).
  • Less than 30% of students in the bottom quarter of incomes enroll in a 4 year school. Among that group – less than 50% graduate.

So it’s not a question of lack of capability, but it’s untrue to suggest that poor inner-city minority kids are coming from the same environment as white kids from well-to-do homes. The schools aren’t necessarily failing because of the teachers or the curriculum or the superintendent—you have to attack systemic racism and the plague of poverty.

But this isn’t a course in sociology or neuropsychology, so let’s re-examine this amazing statement:

Quoting a rather insightful comment from Dylann Storm Roof, the extremely disturbed young man who killed church members in Charleston last week, he said “Black people are racially aware almost from birth, but White people on average don’t think about race in their daily lives.”  He apparently tragically felt that needed to change, presumably in response to the violent race riots of late and the astonishing calls for violence against all Whites.

No. Nothing about “Dylann Storm Roof” (and I question why the author used his full name here) is “insightful”. He was a homicidal maniac, and a neo-Confederate white supremacist, at that. In his mind, he was fighting for that racial collective of supposedly oppressed white folks, and used his words about racial awareness in an effort to spark a race war. To the extent that “black people are racially aware almost from birth”, that’s because being black in America is different from being white in America. The buzzword nowadays is “white privilege”, and it’s simply outrageous for some middle-class white woman from a tony suburb to come to Buffalo to lecture black people on their behavior and mentality.

What the author is doing is not only excusing Roof’s actions, but endorsing his thoughts and words. She agrees with his motive—to her, it makes sense what Roof does because of “race riots”, presumably the anti-police-brutality demonstrations in Ferguson and Baltimore, and she even manufactures some sort of “calls for violence against all Whites”.  I’m not saying some irresponsible protesters didn’t say such things, but that sort of inciteful language is no more outrageous than, for instance, a positive endorsement of the race hate manifesto of a mass murderer.

This is like your old German uncle reminding you that Hitler fixed the economy and saved Germany.

She concludes,

PLEASE stop telling our children from the time they are young that they are going to be treated differently simply because of their skin color.  PLEASE stop focusing on skin color and start focusing on the need to achieve.  Continuing this multi-generational failure is simply not an option anymore.

A black child in Buffalo’s inner city doesn’t need to be told that he’ll be treated differently because of his race. As a black person in America, she’ll live it almost every day. She’ll be faced with signs of white supremacy and racism every day—whether it’s overt or closeted; shouted with a Hitlergruß, or spat in whispers. Whether it’s being racially profiled as a shoplifter in a store, pulled over while driving prudently through Kenmore, or listening to the misguided and tone-deaf condescending speeches from white suburban tea party loons, a black person’s racial identity and self-awareness isn’t something that he has some responsibility to tone down; it’s not a disease, but a symptom of a wider, more pervasive disease.

The disease is white supremacy and racism, and no approving recitation of a mass murderer’s Buffalo News comment posing as a “manifesto” is “insightful” enough to quote, or to change that.

Quoting approvingly from a murderer’s regurgitation of a white nationalist hate group’s ideology isn’t the way forward for poor black kids in failing schools.

Preetsmas: Cuomo’s Pay to Play Illustrated

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Now you know that the whole anti-corruption thing was just an act. Now you know that the Moreland Commission was a joke. In July of last year, I called it “Cuomo’s Betrayal”.

On the Fourth day of Preetsmas, I wrote this about Gene Caccamise, the Rochester-based former head of the Bricklayer’s Local 3:

I used an image for a post that Steve Pigeon had Tweeted in 2013 to rebut an article of mine where I recounted two sources’ recollections that they had heard Governor Cuomo admonish Pigeon to stay out of the Hamister deal in Niagara Falls. Indeed, in all my years of writing about Pigeon, this was the one and only instance where he ever directly addressed one of my posts. He went on to write,

Gene Caccamise.

Pigeon’s Tweets are dated September 12th, and the primary election had been held on September 10th. The image was taken, and the exchange with the Governor was held on the Sunday before the primary. Pigeon’s AwfulPAC (WNYPC) effectively ceased all activity after September 10th. A singular donation of $25,000 from the International Union of Bricklayers and Allied Craftworkers Local 3 was quite puzzling, and no one reported on it until I brought it up in July 2014.

Pigeon’s friend Gene Caccamise was the regional head of that Bricklayer’s Union local until his resignation in March 2015. As to that donation, no one understood why it was made, and it’s glaringly odd because a $25,000 donation would have practically emptied the union’s PAC’s account. The image above is taken from Pigeon’s WNYPC 2013 11-day pre-primary filing. By contrast, this is what the Bricklayer’s union’s disclosure shows on its corresponding 11-day pre-primary filing:

Now, take a look at this incredible story from WGRZ and Steve Brown.

We now know that the union’s PAC didn’t make the contribution – the $25,000 came from the union’s treasury, and Caccamise told WGRZ’s Steve Brown that it was the “best money [he] ever spent, because it bought him an audience with the Governor and work for his union members.

But in the clip below, Caccamise explains that his Local also donated $30,000 directly to Cuomo. So, $30,000 alone doesn’t buy you access? You also have to separately contribute to a Steve Pigeon ratfcking PAC and get Pigeon to intervene with the Governor on your behalf? Why that PAC? Why not, say, hire Pigeon’s PAPI Consulting to lobby the Governor? That “AwfulPAC” was active for only a few short weeks – how did Caccamise know to contribute to it? How did he even know it existed?

My theory is that Caccamise is fumfering about that question when Steve Brown asks it for a reason – it was probably solicited.

I don’t understand why a union would find it necessary to contribute to a campaign committee that was set up to support a weak Sheriff candidate and to help flip the legislature over to the Republicans; typical Pigeon ratfcking.

But at least we now know why the contribution was never reported by the Local’s PAC – it was a direct contribution from the union’s own coffers. It bears repeating that the Buffalo rep for the union local was puzzled by the contribution and had no knowledge of it, or why it was made. From the WGRZ story,

Caccamise says, “I found out Steve Pigeon was consulting with the Governor and one of his go-to people for Buffalo and I says, ‘What can I do to help? I need jobs,’ ” said Caccamise.

The union’s own political warchest was low. A reduction of hours for members meant union dues were down. But, Caccamise was ready to dip into the local’s treasury, and he did, cutting the check for 25-grand to WNYPC.

“There’s no law against giving money away,” Caccamise said.

And afterwards, things started happening.

“That 25-thousand dollars was probably the best money I’ve ever spent, because I got to talk to the Governor. I got to sit with him telling him our problem and he listened.”

Then, work began flowing to BAC#3. Secretary/treasurer Richard Williams listed some of three big construction jobs members have worked, all on the Buffalo Niagara Medical Campus: the new Oishei Childrens Hospital, UB’s bio-sciences center and Roswell’s new building for genetic and pharmacology research.

The union needed work. The union donated to a PAC to get close to Pigeon. A meeting with the Governor followed…and there was work.

If it sounds like pay-to-play politics to you, Caccamise disagrees.

“I’m not a politician. I’m a guy who represents 1,800 working men and their families and that’s basically what it was all about . It nothing to do with politics. It had nothing to do with anything.”

Right. I’m not a politician, I just hang around with them and buy access for my union through shady go-betweens by contributing to obscure political committees that exist for about 3 weeks. He spends almost 5 minutes explaining in minute detail how he had to pay-to-play, but when asked, “was this pay-to-play”, he gives the weakest denial, ever.

Caccamise says the union lost a ton of money through Bernie Madoff’s infamous Ponzi scheme, but:

The Bricklayers and Allied Craftworkers Union Local 3, based in Pittsford, outside Rochester, and with regional offices and membership in Buffalo, also has told members that some pension money invested through a “feeder fund” into Madoff Securities was lost. The fund had a value of $31 million at the end of 2006, the latest data available.

The union was not among the accounts listed in the court filing.

Caccamise makes it sound as if his union’s intervention made Cuomo pay attention not only to his union, but to Buffalo specifically. It almost sounds as if he’s taking credit for the Buffalo Billion or Canalside or the Medical Campus.

“If I can get my people to work so they don’t lose their pensions, they don’t lose their houses, they don’t lose their cars, they don’t lose everything and be able to take care of their family; that’s what it was all about.”

So, the plan, as explained by Caccamise, was to appeal to Governor Andrew Cuomo for more state investment in construction which meant the possibility of work for BAC#3.

The Buffalo Billion was conceived in 2012; Gene Caccamise didn’t put Buffalo on Cuomo’s radar in 2013. LIkewise, the Buffalo Niagara Medical Campus updated its master plan in 2010 – Caccamise wasn’t the impetus behind its continuted expansion or his members getting work, the work was already in the pipeline. If Caccamise is arguing that his payment to Pigeon (above and beyond the $30,000 to the Governor directly) brought about the work that saved the union, perhaps some specifics would be in order? Which projects? In what way did his payment(s) bring about more work that wasn’t already there?

Federal investigators talked to Caccamise about this contribution to Pigeon’s AwfulPAC, and there’s no evidence at this point of any criminality.

But there is, however, ample evidence of how fundamentally broken New York State politics and government are if a bricklayer’s union has to pay a nominal Democratic gadfly’s PAC $25,000 in order to get the Governor’s ear.

Cuomo’s betrayal, indeed.

 

Buffalo Provincialism and the Right to Marry

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For all of western New York’s charms, things like taxation and political malefaction help to keep Buffalo down. It’s like every two steps forward are met with a step back. But the biggest thing holding us back is our own provincialism. It’s on display every time Carl Paladino denounces the “damn Asians” at UB, and every time any word is uttered on Buffalo hate radio.

As an aside, this past weekend I heard a few minutes’ worth of Rus Thompson and sitting Assemblyman (!) David DiPietro filling in for the execrable “financial guys” on WBEN, and they were whining about how right-wing talk radio is labeled “hate radio” because they disagree, adding that if a librul disagrees, it’s “tolerance”, but if it’s a conservative real ‘mrkn, it’s “hate”.

No. When a conservative respectfully disagrees and debates, that’s perfectly reasonable. When, however, a conservative spews gutter prejudice and hatred, that’s something different, and deserves to be called out for what it is –  hate.

Late last week, the Supreme Court struck down laws throughout the country that prohibited same-sex marriage. Gay couples are now free to formalize their relationships and marry in all 50 states. I have to imagine that the rapid acceptance of same-sex marriage in the US (we went from civil unions in Vermont in 1999 to marriage in Massachusetts in 2004 to universal applicability in 2015) had to do with our American sense of acceptance and justice, but also thanks to the very simple fact that allowing gay couples to marry did not, as opponents promised, lead to polygamy or incest or bestiality or a destruction of the institution of marriage. Perhaps having political figures who were caught in diaper play with prostitutes concern-troll about the sanctity of marriage was somewhat ineffective.

Here’s the last paragraph of the Supreme Court’s opinion:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

Here is the statement of Bishop Gregory Hartmayer of the Savannah, GA diocese:

…every court decision is limited in what it can achieve; again this one is no exception. This decision does not change the biological differences between male and female human beings or the requirements for the generation of human life which still demands the participation of both. It does not change the Catholic Church’s teaching regarding the Sacrament of Matrimony, which beautifully joins a man and a woman in a loving union that is permanent in commitment and open to God’s blessings of precious new life.

The Catholic Church will always maintain that marriage is a vocation of a man and a woman to faithfully commit themselves, through sacred vows, to a life shared until death which pledges them to complement one another in their development as husband and wife and to be co-creators with God in the procreation of human life.

This decision of the Supreme Court is primarily a declaration of civil rights and not a redefinition of marriage as the Church teaches.

However, this judgment does not dispense either those who may approve or disapprove of this decision from the obligations of civility toward one another. Nor is it a license for more venomous language or vile behavior against those whose opinions differ from our own.

This Court action is a decision that confers a civil entitlement to some people who could not claim it before. It does not resolve the moral debate that preceded it and will most certainly continue in its wake.

The moral debate however must also include the way that we treat one another – especially those with whom we may disagree. We are all God’s children and are commanded to love one another. In many respects that moral question is at least as consequential and weighty as is the granting of this civil entitlement.

This decision has offered all of us an opportunity to continue the vitally important dialogue of human encounter especially between those of diametrically differing opinions regarding its outcome.

This decision has made my task as bishop more complex as I continue to uphold the teachings of my Church on the Sacrament of Matrimony and the equal transcendent dignity of every human person.

By contrast, here is what Bishop Malone of the Buffalo Diocese spat,

I am bitterly disappointed that the majority of justices of the U.S. Supreme Court has decided to overturn the definition of marriage, which has remained unchanged for more than two millennia.  Marriage is the lifelong exclusive union of one man and one woman, a font of unitive life and love as well as the foundation of a stable family and society.

Marriage is rooted in creation: God created marriage in the very same breath as He created the human person, and for the Catholic Church, that will not change.

It is my prayer that despite today’s developments, we will embrace anew the truth, beauty and goodness of marriage as it has always been and always will be, between a man and a woman.

Bishop Malone is free to believe whatever he wants, and he is free to exercise his religion however he wants, and however the Church demands. His exercise of religion does not need to intersect with the civil right of same-sex couples to marry, as Bishop Hartmayer seems to comprehend.

But “lifelong exclusive union of one man and one woman”? Does Bishop Malone refuse communion for “divorced” Catholics whose marriages have been neither “exclusive” nor “lifelong”? Does he allow married Catholics to be granted an “annulment” and re-marry in the church?  If Bishop Malone is permissive when it comes to divorce, which breaks a “lifelong” sacramental marriage, how does he reconcile that with his “bitter” disappointment when a gay couple seeks to solemnify their relationship? How sad and hypocritical.

If marriage was limited to procreation, then it would be illegal for older couples or sterile couples to marry. If it’s all about having kids, is the Bishop “bitterly disappointed” in childless couples?

In another twist reminiscent of the Hobby Lobby case, where the Supreme Court declared that being in business can be the same as practicing religion, Texas Attorney General Ken Paxton issued an opinion allowing state officials to refuse to issue same-sex marriage licenses if it violates the clerk’s religious beliefs. There will likely be litigation over whether being an appointed or elected public official constitutes or intersects with the exercise of religion. It seems to stretch credulity to claim that executing the duties of a county clerk constitutes the exercise of religion.

Same-sex marriage has been the law in New York for a few years now, and if it has had any effect on the institution of marriage, it’s strengthened it. After all, look at all the same-sex couples who have sought the rights and responsibilities of legal marriage wherever legal.

Bishop Malone’s statement is as heartbreakingly narrow-minded as it is self-admittedly bitter. Bishop Hartmayer shows that, while the Catholic Church is unlikely ever to sanction same-sex marriage, it doesn’t have to heap bitter narrow-minded hatred on gay people and couples. Bishop Malone isn’t alone in doing so, but western New York has this weird, self-defeating habit of being tolerant of racism and hatred, but intolerant of love and acceptance.

Malone’s unnecessarily bitter rant, as juxtaposed against Bishop Hartmayer’s gentle statement, is just another bit of evidence of Buffalo’s own self-defeating intolerant provincialism. In short, this area won’t change until its people do.

Same-sex marriage doesn’t negatively affect anyone – least of all the Catholic Church. It’s been legal in New York State for several years with no controversy, so it’s silliness for the Bishop to so desperately condemn something that doesn’t affect him or the diocese in the least. Love over hate; acceptance over fear. That’s the way forward.

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