Rich, Victimized White Guys

CarlCNN

Buffalo’s most prominent equine pornography enthusiast and “not racist” racist, Carl Paladino, appeared on CNN Monday to defend fellow “not racist” racist, Donald Trump

In these people’s minds there is no class of people more disciminated against and victimized than the old, white male. After all, we’re letting brown people like Mexicans into this country (build a wall), and mostly brown, mostly terrorist Muslim people into this country (keep ’em out). It’s time to take America back from these non-white, mostly poor, definitely criminal foreigners. When will our national nightmare of discrimination against geriatric millionaire Caucasians end? It’s time to “Make America Great Again”. 

The global economy might be stuck in first gear, with weak employment and a Chinese economy poised to crash, but our domestic right-wing grievance economy is downright overheated. 

Last week, Donald Trump claimed that the courts were treating him unfairly in connection with the class action lawsuit brought against him arising out of the scam that was “Trump University”. A must-read article appeared in Ars Technica, which explains the genesis of Trump’s involvement in the get-rich-quick seminar industry. It wasn’t just some phony scam – it was an entirely fraudulent enterprise, designed simply to separate the gullible and desperate from their money. Trump evidently only earned $5 million from that deal, leading one to wonder why it is that a self-proclaimed billionaire would need to execute not-so-lucrative licensing deals for spring water, steaks, and fraudulent “university” scams. 

It calls into question whether Trump is a billionaire at all, and whether his declared income is under $500,000 per year, which would explain why he was entitled to a STAR property tax rebate for three years, which is only available to people who earn under that threshold. 

Trump complained to Jake Tapper that he was being treated unfairly by Judge Gonzalo Curiel, a former federal prosecutor who presides over one of the Trump University fraud lawsuits. Curiel was born in Indiana to Mexican parents. He is American. Trump said Curiel was biased because he’s Mexican and Trump is “building a wall”. That’s contempt of court, racist, and completely outrageous. Trump went on to claim a Muslim judge would also treat him unfairly. Grievance, grievance, grievance. Can’t a rich, white guy catch a break around here with all these brown people being affirmative actioned into places of influence and power? 

Some Republicans criticized Trump – even harshly – for his outrageous racism, but on a campaign conference call Monday afternoon, Trump demanded that everyone redouble their attacks on Judge Curiel. What’s the point of having even a barebones campaign apparatus if he won’t follow the advice of professionals? Imagine if this draft-dodger got angry at a country and decided to attack it. If the Pentagon and his Cabinet advised him against it, it wouldn’t matter: what Donald wants, Donald gets. He set up the call to ensure that his surrogates – like Paladino and Congressman Chris Collinscontinue attacking a sitting American federal court judge

“Are there any other stupid letters that were sent to you folks?” Trump said, according to Bloomberg. “That’s one of the reasons I want to have this call, because you guys are getting sometimes stupid information from people that aren’t so smart.”

This is beyond reminiscent of the awful Paladino gubernatorial campaign, which was always on alert to explain away horrible, stupid, and insensitive things the stubborn, unadvisable candidate said. It is also a direct threat to our democracy, which is dependent on an independent and impartial judiciary. There is no indication here that Donald Trump believes in that, as he whines about losing summary judgment when he, himself, explained the material dispute of facts that would prohibit that very relief. 

So, the loud and uncouth face of Buffalo appeared on CNN to defend Trump’s attack on an American federal judge. 

Some excerpts: 

Answer the question for me as to why the press keeps doubling down on this Judge Curiel thing. The press has created this issue.

That’s the problem here. . . . The press constantly wants to identify the issues of the day are. You don’t have that right.

WaPo

This is incredible that you want to pull this word out and use it because it always pushes back on the white guy. That’s not fair,” he continued. “And it’s not a fair description of Donald Trump. Donald Trump might have some anxiety about this particular judge because he lives in the same real world that I do where this type of thing does go on, where the ethnicity means something, OK?”

Paladino was also asked why Curiel’s ethnicity means something while the judges in the New York case do not, such as Judge Angela Mazarelli’s Italian heritage.

“Sometimes it does. Sometimes it does in this world that we’re in out here,” Paladino said.

Costello remarked, “Oh, Carl,” as he continued, “The press comes in with all this holy grail stuff. It doesn’t work that way. This is the real world, and in the real world you have considerations like that when you’re looking at why am I getting sued?”

Politico

Grievance. Victimhood. It’s not the racist being racist that’s racist: it’s the people identifying and calling out the racism who are the real racists. 

Donald Trump and his lapdog, Carl Paladino, are a clear and present threat to American democracy and an independent judiciary. They are racist, anti-immigrant authoritarians who believe that bellicose fascism will make America a great country. The entitlement culture of the rich, white egomaniac is worse than any “welfare queen” they might otherwise denigrate. 

This isn’t a typical Presidential campaign. This is a battle for America’s very soul. 

Rus Thompson Accused of Voter Fraud

Rus

Rus Thompson is to Carl Paladino as Joe Percoco is to Andrew Cuomo. A confidant. A right-hand man. Rus Thompson and Carl Paladino are loudly and brashly supporting Donald Trump for President – Paladino is the statewide co-chair. Paladino has the support of Erie County Republican Chairman Nick Langworthy and lying liar of a Congressman, Chris Collins. Donald Trump is the bigot they’ve all selected to lead our great nation and the free world.

Let that sink in. 

Rus Thompson considers himself a mover and shaker in Erie County politics. The problem is, he doesn’t live here anymore; he doesn’t live on Grand Island anymore. He might be busy waging a vendetta in the press and courts with former Grand Island Supervisor Mary Cooke, but for what? He’s lived in Niagara Falls since about October 2014. 

On or about October 3, 2014, Rus’ wife, Julianne M. Thompson transmitted the following to the Erie County Board of Elections: 

Please remove us from the Erie County voter roles [sic] and from the ECBOE mailings. We are moving out of Erie County. Thank you. Julianne M. Thompson.

As it happens, they moved to the City of Niagara Falls in Niagara County. The problem is that Rus Thompson didn’t register to vote in Niagara Falls—he never has, to this day. In fact, he’s still registered at his old address on Grand Island in Erie County

Whether or not Jul Thompson had the legal authority to have her husband’s name removed from the voter registration rolls via the scribble shown above is irrelevant; it establishes when they left the county, and it appears that Mr. Thompson may have falsely attested to living at an address he no longer occupied as his residence. 

The state statute on voter registration is pretty clear. In order to vote, you must: 

  • be a United States citizen;
  • be 18 years old by December 31 of the year in which you file this form (note: you must be 18 years old by the date of the general, primary or other election in which you want to vote);
  • live at your present address at least 30 days before an election;
  • not be in prison or on parole for a felony conviction and;
  • not be adjudged mentally incompetent by a court;
  • not claim the right to vote elsewhere.

It’s the address part that’s tripping Rus up here. You don’t get to vote where you work; you vote where you live. If you change your address, and plan on voting at your new domicile, you should notify the Board of Elections as soon as possible, but at least about 20 days before an election.  If you want to keep voting in the town from which you’ve moved, that might be possible, but it’s illegal. It’s voter fraud, and it’s a felony. 

As of Wednesday May 11th, Niagara Falls resident Rus Thompson is registered to vote at an address on Bedell Rd. on Grand Island, in Erie County. 

Voter history indicates that he voted in the primary and general elections in Erie County in September and November 2015. It’s unknown at this time whether he voted in the Presidential primary. 

Thompson has told at least one media outlet that his alleged voter fraud isn’t his fault; that his name was mysteriously purged from the voter rolls. I think we’ve solved the mystery, because his wife clearly notified the Erie County Board of Elections to do exactly that in October 2014. 

Here is Thompson’s affidavit ballot, dated September 10, 2015, which he used to vote in the primary election: 

Here is the text of the very specific oath Mr. Thompson took: 

So, based on what we know, in 2015, Rus Thompson found himself purged from the voter registration rolls on Grand Island. This was done at his wife’s request in October 2014 when they moved to Niagara County. Yet he still wanted to vote in Erie County, and when his name wasn’t in the book, he filled out an affidavit ballot. The problem for him is that when you execute an affidavit, you are swearing an oath that certain things are true; in this case, that, Rus has “lived in the county, city or village for at least 30 days before the election.” He hadn’t. The oath very clearly states that the penalty is a fine and prison term. 

When we checked in mid-April, Rus and three twenty-somethings sharing his surname were still registered on Grand Island; one Conservative fusion, one Independence fusion, and one Republican. At that time, Jul Thompson was not found in a current voter database in either Erie or Niagara Counties. 

However, the fact that Jul is not registered to vote did not in any way impact her civic duty to campaign in and out of state for Donald Trump, or to circulate Conservative fusion Party petitions for Shelly Schratz. On those petitions, Mrs. Thompson gave an address on Lewiston Road in Niagara Falls. Interestingly, one of the aforementioned twenty-somethings, Abram Thompson, was the only person registered to vote at that Niagara Falls address. It is possible that there was some processing error in Mrs. Thompson’s enrollment/change of address, since it appears that the Niagara County BOE either never informed Erie County of Abram’s change of address, or more likely, Abram mistakenly registered as a new voter, and neglected to fill in the area asking if he had registered at another address previously).

It would tough for the Thompsons to chalk this up to a government conspiracy against them when representatives of both major parties oversee each board of elections, but that’s likely how they’ll play this. Already, Thompson is rushing the Paladino victimhood playbook. Regardless, you have 5 people at 2 addresses enrolled in as many as 3 different political parties. And this is after Rus’s history as being enrolled as a Republican, an Independent, a Conservative and as a Democrat (remember how he was going to primary Antoine Thompson?) There’s clearly some weirdness happening here. Also, TEA New York now operates out of a PO Box on Grand Island. (A PO Box also doesn’t establish residency, by the way). 

From TWC News

According to sources, Thompson moved from his Grand Island rental property to Niagara Falls. But when he voted in last November’s election, he filled out an affidavit ballot at his usual polling place on Grand Island and used his old Grand Island address, allegedly voting in a district where he did not reside. Thompson would not comment Wednesday, but said there is another side to this story and already there are some high-profile Grand Island residents coming to his defense.

The rules are that you have to have been a resident of the place where you are voting for the immediate preceding thirty days. If Rus Thompson was a Niagara County resident, at any point in the 30 days leading up to any vote, he had no right to do so on Grand Island, in Erie County. Furthermore, when you execute an affidavit ballot, you are swearing an oath to God that you are eligible to vote in that location; that you are eligible in every way, including but not limited to having been a resident for the past thirty days. 

On the Tea NY website, they link to the extreme right-wing organization, the “Oath Keepers”.  Rus Thompson appears to have violated an oath, which is ironic and hilarious. On their site, Thompson and his wife have posted no fewer than ten posts referencing voter fraud. (No links because that website once falsely accused me of having fraudulently manufactured Carl Paladino’s pornographic, bestiality, racist, misogynist, bigoted emails; Rus and Jul Thompson are despicable liars.) In one, he writes, 

We are now, as Carl Paladino says, focusing like a laser beam on single issues, and have determined the following to be our top priorities:

2nd Amendment Rights
Agenda 21
Voter Fraud

Just days after President Obama’s re-election, Thompson chalked it up to massive Soros/Obama voter fraud, 

Unbelievable.
No wonder the election result was “unbelievable.”
…because it can’t be believed.  Massive voter fraud and the numbers just don’t add up.

I eagerly await Rus and Carl’s expose on voter fraud and Agenda 21. What does Rus have to say about it all? 

Some houses are made from glass. Other houses are already surrounded by shattered glass. The past few weeks have brought about a cornucopia of allegations of criminality and breaches of public trust. Former Assembly Speaker Sheldon Silver was sentenced to 12 years in prison for his corruption; former Republican Senate President Dean Skelos awaits his fate. The Buffalo Billion trudges along under a cloud of accusations of bid-rigging and corruption arising out of the contracting process. Governor Cuomo’s right-hand man, Joe Percoco is under investigation, as is a lobbyist with ties to the governor and various firms with Buffalo Billion contracts. Locally, there may or may not be a special grand jury looking into allegations of widespread corruption as it relates to political operatives and patronage. 

New York is a big state run by some very flawed people. I’m pleased when law enforcement swoops in to hold those in power truly accountable. 

But it’s not just the powerful – it’s also a problem with the wannabe powerful. 

And when actual scandal hits local Democrats – think back to Dennis Gabryszak – our local leadership demands their resignation. We’re not afraid to call out our own for their misdeeds. The Republicans, however, have no similar urge. 

Assemblywoman Angela Wozniak, who sexually harassed a staffer, may choose not to run again, but she isn’t resigning. Hell, Langworthy can’t even bring up the guts to demand it. He refused to condemn her actions in any way, except to say it was something she needed to deal with on her own. No condemnation, no call for resignation, no demand that she not run again – just mealy-mouthed weasel words and silence. The same happened when Carl Paladino’s bigoted, pornographic emails came to light. The same will happen with tea party activist and indicted Niagara County resident Rus Thompson. They’ll say nothing; the Erie County Republican Committee simply lacks the courage or ethics to call out one of its own for corruption or misconduct; ever. 

Let’s also make another thing clear: when people like Rus Thompson call for an end to voter fraud, or the implementation of an ID requirement, it wouldn’t have made a difference in this case. Everyone knew who Rus was at his polling place; they just didn’t realize he was now a Niagara County resident. He appears to have lied under oath in order to vote where he used to live. 

Thompson was to be arraigned before County Court Judge Kenneth Case Wednesday, and the indictment against him unsealed. That didn’t happen; since Judge Case and Thompson are Facebook friends, the matter was transferred to Supreme Court Justice Christopher Burns, and adjourned to Friday at 10:30. 

Rus Thompson and his wife accused me of something they know I didn’t do, and she wished she could “sue the pants off” me and get me to take a “lie detector test” over Carl’s emails. Whatever; that’s the thanks I get from these creatures after defending them and their motives when the Tea Party split in 2010. Yet, as far as the courts are concerned, Rus Thompson is innocent until proven guilty. He deserves his day in court, and he may get off for being stupid or lazy rather than malicious. 

That’s one hell of a political epitaph. 

Donald Trump: The Rally

hat

Kudos to the people who protested both inside and outside the FN arena. Thank you for speaking and acting in opposition to Donald Trump. 

Clarence town councilmembers Chris Greene, Paul Shear, and Congressman Chris Collins were positioned in such a way that their support for Donald Trump’s toxic blend of know-nothing populist bluster brings shame on our town

I listened to a small portion of the speech and found it to be quite possibly the most vapid, Kardashian-esque, stream-of-consciousness nonsense I’ve heard since the last time I watched a Survivor tribal council or Big Brother head of household nomination ceremony. 

Last night’s Trump rally attracted 11,400 people to the First Niagara Center with three weeks’ notice, beautiful weather, a 7pm start time, and complete media saturation. 

Last week’s Bernie Sanders rally attracted 11,500 people to UB with three days’ notice, pouring rain, and a 5pm start time and the region’s top-rated AM newsradio station was not completely in the tank for him, nor did it link on its own website to Sanders tickets, nor did it push a text alert regarding when tickets became available. 

So, let’s say western New York is arguably way more Bernie Country than Donald Country. 

In any event, here are some things to remember about the Trump performance: 

1. Our generation’s Pearl Harbor took place in September – not July. If a Democrat had made this gaffe, there would be howls of derision from all the usual suspects. 

2. During Trump’s paean to the 7/11 first responders, he extolled the virtues of police, fire, MTA workers, and other members of public sector unions. On this we can agree. Does he agree that they deserve fair benefits and remuneration? 

3. This may become one of the most iconic images of the 2016 Presidential election – an anti-Trump protester being ejected from the First Niagara Center, courtesy of the Buffalo News’ Derek Gee: 

4. Buffalo made sure that #TrumpEatsAss trended last night on Twitter. 

Polls are open now through 9pm throughout Erie County; they open at noon in many other counties throughout upstate NY. Only registered Republicans and Democrats can vote in our closed primaries. Donald Trump, naturally, is going to crush on the (R) side, but Hillary Clinton really needs a big win against Sanders in the state she served in the Senate. 

I’ll be providing analysis on WGRZ tonight at 10 and 11, and some sort of webcast is planned between 9 – 10. Follow along on Twitter to watch the fun. 

Contemporary Misogyny and LGBT-phobia

Breitbart

In the Brave New World Donald Trump has developed around himself, it is “political correctness” that led to his campaign manager Corey Lewandowski standing accused of misdemeanor battery.

In the regressive dystopia of North Carolina, hatred of LGBT people and suspiciously eyeing the notion of “civil rights” remains in vogue. 

Far be it from me to defend an ultra-conservative refugee from the Breitbart nihilistic fabrication consortium, but when a man intentionally puts his hands on a woman against her will, and leaves a mark, that’s a battery. This is what happened to reporter Michelle Fields, and none of it has anything to do with political correctness. 

More to the point, there didn’t need to be a mark. There just had to be an intentional unwanted touching, however slight. Corey Lewandowski is not a law enforcement or Secret Service agent or in any other capacity that would lend him immunity from a battery charge. 

Fields’ story has never changed. She claimed Lewandowski grabbed her very hard and almost lost her balance. She made the error of attempting to ask a Presidential candidate a question as he moved through a ballroom where he had just pretended like Trump Steaks and Trump Magazine still existed.  Luckily, he didn’t attempt to argue that Trump Shuttle was still around. 

What we learned is that Trump values his “brand” so much, he’ll affix his name to any old tasteless tack. Like his campaign effort. 

But the way Trump and Lewandowski have reacted is right out of the domestic abusers’ playbook. 

When in doubt, just blame the victim and suggest she’s lying. 

But alas, Fields’ audio recorded caught the whole thing, and her instantaneous, contemporaneous reaction was quite amazing. Lawyers call it an “excited utterance”. 

Holy shit, I can’t believe he just did that. That was so hard. Was that Corey? You should have felt how hard he just grabbed me. 

Fields detailed what happened in a story at Breitbart, and at first the website called on Lewandowski to apologize, highlighting how he and Trump were accusing Fields of making it all up. But the outfit was too afraid of Trump to stand by its reporter, and like a petulant little army of amateur Jim Garrisons analyzing myriad Zapruder films, began questioning her story immediately. Seriously, consider the idea of a putative “news” outlet trusting its reporter enough to hire her, but not enough to back her up when she says someone from a campaign put his hands on her. Fields and her colleague Ben Shapiro left Breitbart on March 14th over this, and some more people quit a few days later

From the Times

Ms. Fields said she was trying to ask Mr. Trump a question about affirmative action when Mr. Lewandowski grabbed her and nearly knocked her off her feet. She posted on Twitter a picture of finger-shaped bruises on her arm.

Mr. Lewandowski denied touching her, but Ms. Fields pressed charges three days later. The investigating officer, Detective Marc Bujnowski, took statements from her and from a Washington Post reporter, Ben Terris, who was a witness.

Security video footage from the Trump golf club “parallels what Fields had told me,” the detective wrote: Mr. Lewandowski “grabbed Fields left arm with his right hand, causing her to turn and step back.”

Indeed, the new security-camera images show Mr. Lewandowski reaching for and then grabbing Ms. Fields’s arm, tugging at her clothing as he pulls her, then walking ahead of her as she reacts, close behind Mr. Trump. The entire episode takes less than four seconds.

The abuser is being prosecuted. Police – who have no axe to grind – interviewed witnesses and reviewed audio and video tape to determine that probable cause exists to charge Lewandowski. Whom are you going to believe? Donald Trump and his paid staffer, or your lying eyes and ears? 

Astonishingly, macho hero Trump is now claiming that Fields – a 100 lb woman with Trump campaign press credentials – posed a threat to him because she was holding a pen, which may have been a “little bomb”.  I shit you not. 

Turning to North Carolina, its legislature bulldozed a law onto the books that would allow businesses to discriminate against LGBT people, mostly over bathrooms. Lawmakers had to ask for five minutes to read its text. Under pressure from businesses and professional and amateur sporting associations, North Carolina Governor Pat McCrory is playing defense.

This law basically nullifies any policy made by any municipal entity that would allow transgendered people to use the bathroom or locker room of the gender with which they identify. While private businesses can do whatever they want – including discriminating against LGBT patrons – state facilities require that a person use the bathroom or locker room that corresponds with what it says on his birth certificate. 

50 years ago, the South was the epicenter of denying black people equal rights. Today, the South is the epicenter of denying rights to LGBT Americans. How far we’ve come. 

This wild intrusion into people’s privacy would seem to require a bathroom police to check people’s birth certificates. Will this be via checkpoint or random enforcement? Will North Carolinians and visitors be required to have their birth certificates on their person when they use a bathroom stall? Where will the checkpoints be set up? 

Think of it this way: 81 year-old Renee Richards, who made headlines in – and has lived as a woman since – the mid-70s, might be forced to use the men’s room at a North Carolina highway rest stop. McCrory says people who undergo sex change operations can get their birth certificates changed, but all this underscores that North Carolina will need to set up some sort of Birth Certificate Police infrastructure – a Toilet Stasi – to ensure compliance. 

When a transgender person is using a bathroom stall – any bathroom stall – whose rights or privacy are under assault? 

In other words, the only way to respect people’s difference is through discriminatory legislation. North Carolina’s Attorney General calls the law an embarrassment and won’t defend it in court. Here is what Governor McCrory said: 

We have not taken away any rights that currently existed in any city in North Carolina — from Raleigh, to Durham, to Chapel Hill, to Charlotte. Every city and every corporation has the exact same discrimination policy this week as they had two weeks ago. There’s a very well-coordinated campaign — a national campaign — which is distorting the truth — which is frankly smearing our state in an inaccurate way — which I’m working to correct… We have not changed one policy of any business in North Carolina or one policy of any employment status of any city government or county government in North Carolina.

Except that’s not at all true. The state has now overridden any NC municipal government that offered anti-discrimination protection stronger than the state’s own, including laws in Charlotte, Asheville, Boone, Carrboro, Chapel Hill, Greensboro, Bessemer City, Durham, High Point, and Winston-Salem – and several counties. The UNC system can no longer enforce its own LGBT anti-discrimination policy, and these schools are now expressly prohibited from accommodating transgender students, faculty, alumni, and parents. 

The governor explained

“We are too much politically correct. This political correctness in our nation has taken over common sense, and the common sense is not to have a government regulation telling a business who they allow in what restroom, or locker room, or shower facility. I’m going to let them decide.”

“We’re throwing away basic etiquette,” he claimed. “I wonder if your daughter or son was showering and all of a sudden a man walks into the locker room and says, ‘This is what I am.’ Would you want that for your child?”

Of course, Charlotte’s law, like LGBT protections in cities and states across the country, would have done nothing to allow for any inappropriate or illegal behavior in restrooms. By calling transgender women “men” and suggesting that they are somehow a threat to children, the governor is relying on ignorance and fear to support his position.

New York’s Governor Andrew Cuomo barred any and all non-essential travel to North Carolina on the state’s dime. Governor McCrory shot back

Syracuse is playing the Final Four in Houston where voters overwhelmingly rejected a bathroom ordinance that was also rejected by the state of North Carolina. Is Governor Cuomo going to ask the Syracuse team to boycott the game in Houston? It’s total hypocrisy and demagoguery if the governor does not, considering he also visited Cuba, a communist country with a deplorable record of human rights violations.

Syracuse is a private institution. Cuba may be a communist country, but unlike North Carolina, it is opening up – not going backwards. Also, non-essential state-funded travel to Cuba is also not permitted. 

Finally, odious Representative Chris Collins, who endorsed for President the guy who said this: 

and recommended that women who undergo abortions – which he would outlaw – be “punished”,  posted this to Facebook: 

Someone ask this depraved opportunist what the state policy is for non-essential state travel to Cuba. Hint: it’s not allowed. This whole “Cuba” thing is not only the dumbest argument, ever, but it’s completely outside this clown’s jurisdiction. He should stick to stealing other people’s patents and manufacturing shit in Communist China.

Incidentally, Cuomo’s trip to Cuba brought a lung cancer vaccine to Roswell Park Cancer Institute. By throwing shade at Cuomo for that trip, Collins proves himself to be objectively pro-lung cancer. 

It wouldn’t be the first time

The healthcare reforms Collins said he would push would be tort reform and open up competition in insurance by allowing policies across state lines.

Collins also argued that modern healthcare is expensive for a reason.

“People now don’t die from prostate cancer, breast cancer and some of the other things,” Collins said.

Do better, America. We didn’t spend 240 years building our country to let it be so shoddily treated by misogynists, homophobes, and craven, despicable nouveau-career politicians. 

Supreme Court Poker

they

First of all, let’s point and laugh at the wholly owned subsidiary of Trump Industries, Chris Collins, who posted this ridiculousness to his Facebook yesterday: 

You’re in the House; you’re not in the Senate. The Constitution leaves the confirmation of SCOTUS justices up to the Senate and not the House. On this issue, your opinion is as persuasive and valid as your pet’s. Secondly, the American people also elect the President, who is Constitutionally charged with appointing a SCOTUS justice. President Obama was re-elected in 2012 and continues to serve today. We voters don’t elect or have any other say in the appointment or promotion of federal judges, so the entire underlying notion is false. 

Now, look at the language in the image. “The American people elect their representatives to serve as their voice in Congress, and they should be empowered to decide the direction of their Supreme Court.” 

Who should be empowered? The people or their representatives? From what statute or regulation does Mr. Collins extrapolate this fantastical “empowerment”? Because “representatives” are how we refer to members of the House, and they have nothing whatsoever to do with the Supreme Court. The people of the state of New York have elected Senators Chuck Schumer and Kirsten Gillibrand, and I’m sure their position differs from Mr. Collins’. 

For his entire Presidential career – from campaign to White House – President Obama has been expert at giving the Republicans just enough rope to hang themselves. This is just the latest example. D.C. Circuit Justice Merrick Garland is a perfect Obama pick – a centrist who is well-respected, and about whom Republican Senator Orrin Hatch said this just days ago

“Sen. Orrin Hatch (R-UT) told Newsmax on Friday that President Obama wouldn’t nominate a “moderate” like Merrick Garland to the Supreme Court. On Wednesday, the Utah senator was proven wrong.

“The President told me several times he’s going to name a moderate, but I don’t believe him,” Hatch told the conservative news site on Friday.

“[Obama] could easily name Merrick Garland, who is a fine man,” he continued. “He probably won’t do that because this appointment is about the election. So I’m pretty sure he’ll name someone the [liberal Democratic base] wants.”

Well, he didn’t. President Obama nominated a centrist, consensus candidate whom the Republicans have supported before. Bluff called, and make no mistake – liberals are pissed off. They see this as Obama selling them out, mostly because they care more about ideology than winning. 

But the contemporary conservative movement being the grift that it is, ignorant commentators are already ignoring reality and history by smearing Judge Garland. Good luck with that. 

The underlying argument for this unprecedented obstructionism, where Republican Senators refuse even to meet with Judge Garland, is that the “people should have a voice”, and holding off until after the election. That would mean that Democrats could hammer the Republicans for this every single day from now until November, and it’s perfectly possible that Republicans lose Senate seats over this. So, this entire calculus is based on the idea – as it stands now – that Donald Trump defeats Hillary Clinton in November. This seems to me to be entirely unlikely, albeit possible, but a very risky proposition. 

“I’ve selected a nominee who is widely recognized not only as one of America’s sharpest legal minds, but someone who brings to his work a spirit of decency, modesty, integrity, even-handedness, and excellence. Presidents do not stop working in the final year of their term; neither should a senator.”

Because what happens if the Senate continues with this particular obstruction is that if Hillary Clinton becomes President-elect, President Obama can withdraw Judge Garland from consideration, in favor of allowing the new President an opportunity to name her own pick, and the Republicans will have had a chance to confirm a palatable centrist, but instead find the court with a liberal majority. So, if Clinton wins in November, the GOP are kidding themselves if they think they’ll have a chance to confirm Garland at that time in a lame duck session. 

From the Times

Republicans quickly rejected Mr. Obama’s challenge. Senator Mitch McConnell of Kentucky, the majority leader, appeared on the Senate floor shortly after the president’s remarks to declare an end to Judge Garland’s nomination, no matter his qualifications. In case there was any doubt, Mr. McConnell later called Judge Garland personally to say he would not be receiving him in his Capitol office, nor taking any action on his nomination.

“The American people may well elect a president who decides to nominate Judge Garland for Senate consideration,” Mr. McConnell said on the Senate floor. “The next president may also nominate someone very different. Either way, our view is this: Give the people a voice in the filling of this vacancy.”

So, if the principle is “let the people have their say”, and they elect Clinton, that means you’ve set up a scenario whereby you must honor whomever President Clinton nominates, and you cannot confirm Judge Garland in lame duck session. 

“We can’t have it both ways,” Sen. Lindsey Graham, (R-S.C.) said. “We cannot say ‘let the people speak,’ and then say ‘no, you can’t.’ If you are going to let the people speak, let ’em speak and honor their choice.”

Sen. David Perdue (R-GA), who also sits on the Judiciary Committee, agrees that Republicans could not change their minds in the lame duck session and move forward with Garland.

But the upshot of all of this is that Chris Collins is a foolish man who is politicizing an issue that exists far above his rank or pay-grade, and has the added bonus of being completely out of sync with the Constitution. 

Diana Kastenbaum, a business owner from Batavia, is running against Chris Collins. For the uninitiated, 

“As a small business owner from Batavia, I am well aware of the realities that face middle class families,” said Kastenbaum. “Using my years of experience as a businesswoman, I will bring new ideas and solutions to the problems we face in Western NY. We need a Member of Congress who will fight for Western NY on the issues that matter most; good paying jobs, ending income inequality, making college more affordable, and providing access to affordable healthcare. Where Congress has failed us, I will lead.”

Kastenbaum’s family has owned and operated Pinnacle, a zinc and aluminum dye casting manufacturing company, since 1972.  She is a graduate of The Catholic University of America in Washington, D.C.

So far, she hasn’t tried to politicize a matter that exists wholly within the legal purview of the President and Senate. 

American Fascism

trump

I caught myself engaged in a debate over Donald Trump and fascism one recent morning. It all started when a conservative friend of mine posted this: 

Technically, “Socialism” would be everyone pooling money together to get that guy his own sign. Someone responded to me, channeling Joe the Plumber, “not when the government is the one enforcing socialism. The government is the one that pools the money to hand it out to everyone.” I replied, “I don’t see a lot of people complaining about their socialized roads, socialized military, Social Security, Medicare, or other big, bad, evil socialist things. Social democracy, or democratic socialism, is the radical idea that people’s taxes should go to pay for things that people use.” 

When confronted with my lack of humor, I replied that, “it would be funny if it remotely reflected anything that Bernie Sanders advocates or stands for. This is just silly and banal.” My friend then retorted, “Like an out of context still frame of people raising their right hands at a Trump rally?”

Now, we get to the meat of this thing. 

I don’t know whether Donald Trump is, in reality, a fascist. If he’s not, he’s doing a spot-on impression of one; he plays one on TV. If Donald Trump isn’t a fascist, he is awakening an especially American form of fascism that is quite ugly, and he’s doing it by using the tools, propaganda, and drama of early 20th century fascist movements. Before you accuse me of violating Godwin’s Law, consider what this campaign has been all about. 

It has been about this: 

and this:

from a different angle:

Back on Facebook, I addressed the photo of people raising their right hands at a Trump rally. What was that, exactly? 

It was a loyalty oath; a pledge of allegiance to a person, rather than, e.g., a flag or a principle or the Constitution. This is what happened in Germany in 1934, after Hindenburg’s death and the unification of the Chancellery and the Presidency.

Since 1942, when you give the pledge of allegiance, you put you hand over your heart. Before 1942, you gave the “Bellamy salute”, named after the author of the pledge, it had you do this: 

Raising your right hand in a salute to a Leader who puts his hand up half-way in order to somewhat catch it hearkens back to something very sinister. Trump keeps doing it at his rallies, and when interviewed about it on the Today Show, pretended like he didn’t know anybody had a problem with it. Yet the day before, Abe Foxman, the former head of the Anti-Defamation League specifically called Trump out on this.
 

“As a Jew who survived the Holocaust, to see an audience of thousands of people raising their hands in what looks like the ‘Heil Hitler’ salute is about as offensive, obnoxious and disgusting as anything I thought I would ever witness in the United States of America,” Foxman said. “It is a fascist gesture.”

“He is smart enough — he always tells us how smart he is — to know the images that this evokes. Instead of asking his audience to pledge allegiance to the United States of America, which in itself would be a little bizarre, he’s asking them to swear allegiance to him,”

On NBC, Trump explained away his salute by saying that people “love it”. Well, German people loved it in 1934, too. When you pair that with the things that he’s said about Mexicans, and Muslims, and women, the parallels are far too close for this to be treated as innocent. Trump knows exactly what he’s doing, and he’s too interested in winning to care that he’s – among other things – scaring the shit out of Holocaust survivors. GOP pols are expert at blowing dog-whistles, but I’m afraid this one is calling a dog no one wants to see come running. 

The rebuttal was that people raise their hands all the time in non-sinister ways – to become citizens, or to be called on in class, or to vote on something. 

But there’s a difference. To become a citizen, you raise your right hand and swear this: 

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

Nothing there about fealty to the President in general, or to Obama in particular – or to any person specifically. When you’re raising your hand to be called on, you’re not pledging a loyalty blood oath to any person, nor is it the same as a Leader at a podium, exhorting his followers to pledge a loyalty oath to him. In response, I was told that criticisms such as mine only feed the Trump monster, and bolster his support, but I’m not going to apologize for criticizing the fascist because it fuels his followers.

Again, this is a parallel to Germany in the 1930s; if you criticize the Nazis for their anti-Semitism, it only made the Nazis stronger (and you’d find yourself under an S.A. boot). The problem isn’t necessarily just with Trump’s exploitation of hatred and bigotry, it’s with the underlying hatred and bigotry itself. Trump isn’t the only problem, his followers are the real problem, and quite frankly now we see how popular fascism is when it comes to America, wrapped in the flag and carrying a cross. It only happens to be about 90 years late.

Hannah Arendt, I suspect, would have much to say on the matter.

Locally, another para-fascist degenerate, Carl Paladino, decided to take to his favorite medium – email – to threaten New York’s Republican Congressional delegation into supporting Donald Trump. So far, only Chris Collins (NY-27) – who finds himself in hot water of his own for his “business acumen” – has swallowed the Trump pill. 

Paladino’s email reads like something your racist uncle forwards to you and 50 other people

Paladino said he sent an email blast to 50,000 supporters on Tuesday after a series of unsuccessful phone calls to convince New York’s eight other Republican House members to support Trump. So far, Collins has stood alone in his endorsement.

Trump has said that New York, and its large number of Republican delegates up for grabs in the April 19 primary, is a key to his strategy to win the GOP nomination for president. Trump boasted on CNN last month that in Upstate New York, “I’m like the most popular person that has ever lived, virtually.”

In his email, Paladino said of the eight GOP House members: “None of you is a profile in courage…You cannot stay neutral any longer; it conflicts with your job description.”

He added, “You are supposed to make decisions in the best interests of your constituents. They’re angry. It’s a festering anger, built up over the years by a smoke and mirrors government working to keep the political class comfortably feeding at the public trough.”

Says the guy whose business relies in part on rent from the state, and tax breaks and “incentives”. 

“This is the beginning,” Paladino said of Tuesday’s email. “This is the nice one. It’s going to get worse for those that continue to hold out. I’m being nice.”

Asked how he will increase pressure, Paladino said, “I’ll up the ante a little bit more in the next one I send. For those that continue to hold out, I will do everything I can to marginalize them. People like to read what their representatives are doing”…

…Others contacted by Paladino include Reps. Chris Gibson, R-Kinderhook; Richard Hanna, R-Barneveld; and Lee Zeldin, R-Long Island. Paladino said he also tried unsuccessfully to speak with Rep. John Katko, R-Camillus, whose name he mispronounced.

“They’re treacherous,” Paladino said of the New York Republican House members. “They’re all a bunch of RINOs (Republican In Name Only). They are not doing the will of the people.”

Says the guy who contributes to Democrats. 

Accusing people of being disloyal? Calling on the mob to react as you “up the ante” in successive email blasts? I’m trying to remember what other major 20th century political ideology relied on hatred, insults, and intimidation to gain power. 

Godwin’s Law isn’t applicable here: fascism has arrived. My congressman supports it.

It’s doing great in the polls, winning Republican primaries, and going so far as to pimp Leader-branded water, wine, and steaks at political rallies. Mein Steaks. 

Make no mistake: if you endorse or support this fascist, you own it. You own every bit of this behavior, because you can’t say you weren’t warned, and you can’t weasel your way out of it by cherry-picking the stuff about Trump you like from what you pretend you don’t. You own all of it, Nick Langworthy. You own all of it, Carl Paladino. You own all of it, Chris Collins. 

Make America Great Again

Social media isn’t real life.

I think people tend to forget that from time to time. In a lot of ways, what people post to social media isn’t necessarily the truth, but life and opinions glimpsed through various filters.

Last week, Erie County Legislator Joe Lorigo took to social media to demand that Mark Poloncarz, “reverse his stance” on welcoming Syrian refugees to Erie County. I reacted to that in some detail in this piece. There, I was wrong about something very important that shouldn’t be overlooked. I wrote, “[w]atch Monday as his colleagues in the majority caucus inevitably echo his clarion call; people with no say over the matter demanding that another guy with no say over the matter do something.”

That’s not at all what happened.

Indeed, Lorigo was silent pretty much all week in advance of a meeting of the legislature that took place Thursday. He had a surrogate or two battling valiantly in his corner on social media all week, but there was nary a peep from other high-ranking Republicans or elected officials, with the notable exception of Republican Legislator Kevin Hardwick, who told WBEN that “[t]o shut the door on these people doesn’t seem like a very American thing to do. You’re balancing your own security versus what you should do as an American. It’s a difficult thing to balance.”

No one backed Lorigo. There were whispers all week about saving face; saving Lorigo from himself. Amendments were offered that toned down the more outrageous rhetoric in Lorigo’s resolution, and the legislature ended up voting to hold an information session, rather than agreeing to hold a three-top public hearing circus.

Brian Brown-Cashdollar – speaking for himself and not in his official capacity as the Development Director for Buffalo’s International Instituteone of several local refugee resettlement agencies – wrote an open letter to Lorigo on Friday, 

…if you expect to be treated seriously, then you should conduct yourself in a serious manner. Security concerns addressed by serious people are handled quietly. If you were sincerely concerned about the safety of your constituents, you would have contacted the County Executive privately. You would have approached Homeland Security and the State Department privately and inquired about the threats posed by refugees being resettled to the Western New York.

You would have learned the sad migration taking place in Europe has nothing in common with the refugee resettlement process in the United States. And increasingly it’s looking like it had nothing to do with the attacks in Paris either. You would have learned that refugees coming to the US are more rigorously screened than any other population of arriving immigrants. You would have learned since 9/11 there have been approximately three instances where the security professionals had concerns about the adequacy of the screening procedures, and they quietly slowed, limited, and after 9/11 temporarily halted the admission of refugees. You would have learned that procedures were adjusted and resettlement resumed, bringing much needed talent and energy to our communities. This has always been handled responsibly, respectfully, and discretely.

That gets to the heart of the matter – is any of this out of genuine security concerns, or is this all about politics? We know that a very slight majority of Americans say they support admission of Syrian refugees through the resettlement program, and Congress just passed a bill halting any refugees from being resettled in the United States from Syria or Iraq until some as-yet-undefined security assessment is certified as to every one. Never before – not after 9/11, nor in 2011 – has the refugee resettlement process or the admission of refugees been so starkly politicized.

In large part, this politicized hysteria over Syrian refugee resettlement in the United States is designed by conservatives to promote two distinct threads: 1. that Democrats are willing knowingly to put Americans at risk (although the supposed rationale is never articulated); and 2. that Obama is an un-American foreigner more concerned with _____ than _______. The second is an old yarn that dances in step to the traditional explicit and implied charges that Obama is fundamentally not “American” enough. The first echoes the charges brought against people who opposed the Iraq war – that they were un-Patriotic; that they were traitors. It’s a short walk from “freedom fries” to today’s reflexive, reactionary hysteria.

We have resettled refugees for years without incident – we have accepted refugees from enemy countries like Lebanon, the Soviet Union, and from war-torn, terrorist-filled places like Iraq. We’ve taken them in especially from places like Vietnam, where our own involvement helped bring about the crisis. Even in the very rare instances where someone turned out to be bad, no bad acts occurred. The edifice that the anti-immigrant populists have erected is emblazoned with, “Daesh will infiltrate the Syrian migrants”. This is true; however, as I wrote earlier, the legal, regulatory, geographic reality for migrants in Europe is completely different for those selected for resettlement in the United States. In fact, it can be argued that Daesh/ISIS, as currently consitituted, did not even exist when the current refugees arriving from Syria first applied for resettlement. It is also palpably true that terrorists don’t have to – and won’t – wait to undergo a strenuous and lengthy refugee resettlement process to enter the U.S. when anyone with a Belgian or French passport can travel here as a tourist without first obtaining a visa.

The people who have left Syria in the last few months and who are now applying for refugee status are not yet in the U.S., and won’t be for two years while their identities are ascertained and their security risk determined. Clearly, people whose identities can’t be verified won’t be let in. The refugee resettlement program is to a great extent handled here in the U.S. by faith-based organizations. The Catholic Bishops and the Evangelicals have already condemned the ban on – and scapegoating of – refugees from Syria, some of whom are Christian, many of whom are intact family units. They don’t endure 2 years in a refugee camp in Jordan with their kids just so they can come here and be part of a sleeper cell.

If people think that there are security holes in the vetting process, that is, I suppose, news to everyone who does this on a daily basis. If genuine concerns exist, certainly a pause – much less an outright ban – is not necessary for intelligence agencies to do something more to make changes or enhancements to the process. Some of the more extreme suggestions I’ve seen online or heard on local hate radio – for instance, that we round Muslims up in camps, or deport them, or require them to be registered with the government and carry a special ID, are downright anti-American and on their face violative of the Constitution.

Local AM talk radio has been unlistenably irresponsible and packed with lies. Tom Bauerle said that there were no families among the Syrian refugees – that it was all men of military age. That’s not true. I heard that these refugees are “pedestrian blitzkrieg”. That’s not true. I heard that this is an “invasion”. That’s not true. I heard that Muslim countries weren’t taking them in. That’s not true – in fact, Turkey has taken 2.2 million refugees, and Lebanon has taken 1.1 million. Jordan is sheltering 1.4 million. When Tom Bauerle – who has spent the better part of the week as a human thesaurus re-expressing how he doesn’t want Syrian refugees, “in my country” – has to admonish regular caller “Rambo Jim” to cool it with the Holocaust boxcars-for-Muslims scenarios, you know that a rhetorical, political, legal, rational, and human line has been flagrantly crossed.

Towards the end of an obnoxiously reactionary week, people on a Southwest flight had a fellow passenger detained prior to a flight because he committed the crime of speaking Arabic. The pizza maker was chatting with a friend and someone felt “uncomfortable”. The man called police, and was ultimately allowed on the flight. He also committed the crime of holding a white box, and had to prove to his fellow passengers that he was flying with baklava. He shared it with these people.

Pizza shop owner Maher Khalil emigrated from Palestine 15 years ago. He says he had never experienced discrimination before the incident Wednesday at Midway International Airport.

“We came to America to have a better life,” Khalil explained on Friday. “Everybody in America is from different countries. I’m one of them. I’m an American citizen.”

…”I swear, I never had that feeling before,” Khalil said. “I felt like we’re not safe no more in this country. Because I’m Arab, I cannot ride the airplane? The person who complained is the one who should be kicked out, not me.”

We’re on a precipice – the question is whether we jump or begin walking this anti-American madness back.

Europe has taken under 300,000 refugees, and France has re-stated its commitment to take 30,000 of them in spite of last week’s attacks. The United States was on track to accept 10,000 of them (propagandists are accusing Obama of 10x or 30x that). The screening protocol is well-documented, multi-faceted, and extremely thorough. They work in conjunction with local resettlement programs. The refugees we see in Europe – the ones described on the radio as an “invasion” – come from Syria to Europe by raft or by land. They can’t do that to reach the U.S. It’s turned out so far that exactly zero of the Paris attackers was Syrian – all of them were French or Belgian and could, ostensibly, board a flight to the US on any given day, without a visa.

Perhaps the most craven local political hypocrite of all is Representative Chris Collins. When asked about halting the resettlement of Syrian refugees, he said, “I’d rather err on the side of safety. Safety first, second and third.”  When confronted with the fact that the perpetrators of the Paris attacks held Belgian passports, he said, “he didn’t want to disrupt international travel. ‘One thing we can’t do,’ he said, ‘is overreact in a way that would make ISIS very happy.’”

The problem is that the scapegoating of Syrian refugees – including Kurds and Christians – makes ISIS, “very happy” indeed. More importantly, our gun laws are so lax that, so far, 2,043 people on the FBI’s terror watch list have been legally allowed to purchase guns in this country. “The National Instant Criminal Background Check System, which is used to clear gun purchases, is not cross-referenced with the FBI’s list of potential terrorists.” Republicans, backed by the NRA, have consistently failed and refused to close this significant loophole, thus putting the lie to all of their self-righteous bleating about security.

In response to that, Collins says it’s a “red herring”, and that, “[i]t goes back to the liberal left’s thought that you can legislate against bad people.” Sort of like voting for a “pause” to re-assess the security and identity process used to resettle Syrian refugees in order to prevent terrorists from gaining entry to the U.S.

If we’re assessing risks, the greater risk is that our domestic intelligence services don’t know enough about Belgian or French terrorists whose passports enable them easy travel to the US. The risk isn’t from families awaiting resettlement screening, but from disaffected, unemployed Belgian youth of Algerian or Moroccan extraction who are on a French watch list but not an American one, and who hold a passport from a visa waiver country. What we should be doing is growing our intelligence sharing with European allies and shoring up our surveillance, human, and signals intelligence as it relates to anyone seeking entry to the United States via any means.

But from a political standpoint, I don’t think that conservatives pushing the refugee-scapegoating meme have property thought out how this all affects their position on gun control generally. In the wake of myriad recent mass shootings, gun control advocates have called for strengthening of our background checks, closing of loopholes, and uniformity of regulations in order to better prevent bad people from obtaining firearms. While the overwhelming majority of gun owners are law-abiding and responsible, we should put controls in place to protect Americans from preventable gun violence. The NRA and other gun advocacy groups oppose any tightening of these regulations as violative of a legally inaccurate, absolutist interpretation of the 2nd Amendment.

But if we have to implement stricter background checks on Syrian refugees to protect against the small number who might seek to do us harm, mustn’t the same argument be valid when it comes to reasonable gun control measures?

While everyone was paying close attention Thursday to a county legislature debating amendments to a toothless piece of irrelevant paper, everyone overlooked something that passed unanimously. The Legislature authorized County Executive Poloncarz to enter into a contract with the NYS Office of Indigent Legal Services to accept a state grant of $1.35 million, and to contract with the Erie County Bar Association’s Volunteer Lawyer’s Project to deliver the servcies anticipated under that grant.

The grant specifically expands the county’s ability to provide legal representation in criminal and family court matters to indigent non-citizen, immigrant persons in Erie County. This specific grant is put in place to ensure that indigent defendants are represented adequately where criminal and immigration matters intersect.

What this means is that, on the same day that the county legislature wasted time responding toothlessly to a remote possibility that refugees might commit bad acts, it expressly authorized the use of state funds to represent immigrants who were already accused of actually having commited them.

Ultimately, the blood libel that Democrats or liberals are willing to put Americans at risk is beneath our discourse, and the time for politicizing security fell from the skies 14 years ago.

We can do a hell of a lot better than what’s happened over the last week. In response to terror in France, we succumbed to fear and unfounded political reaction. In 1941, FDR declared that the only thing we have to fear is fear itself. In blaming the victims of ISIS for ISIS’ crimes, we indict the very notion of what America is supposed to be, and for what it is supposed to stand.

#WNYVotes 2015

Mark_Poloncarz

Mark Poloncarz cruised to an overwhelming victory last night, defeating Assemblyman Ray Walter 65% – 34%. As a karmic aside, Poloncarz accomplished what Chris Collins couldn’t – re-election to that post.  In Lancaster, the town’s Republican slate – including thuggish incumbent supervisor Dino Fudoli – fared pretty horribly. Winning 58 – 42, Democrat Johanna Metz Coleman will become the town’s first female supervisor, and Democrat Diane Terranova will become town clerk. It was almost a clean sweep for the Democrats, and a humiliating rebuke for the Fudoli experiment.

What Fudoli seems to have learned from his erstwhile mentor Chris Collins is that western New Yorkers’ patience for obnoxious and thuggish political behavior has a short window.

Yesterday, an off-duty police officer coming in to vote at a fire hall in Lancaster overheard and accused Fudoli of muttering something about punching him in the face, and confronted him. It’s unknown whether Fudoli will be prosecuted, but it was emblematic of his ugly, bellicose, and childish behavior. The spectacle culminated in Fudoli and a representative from the Lancaster Police Benevolent Association calling in to Tom Bauerle’s show to explain their side of the story, Fudoli acknowledging he said something about punching the officer out, and that he had apologized. The gentleman from the PBA went on to explain Fudoli’s complaints about alleged police harassment by going into some detail about “suspicious vehicle” calls that prompted those incidents.

Western New York and Lancaster will be better off without Fudoli in elected office. I’m sure that “good government” and “good person” are not mutually exclusive.

Ray Walter – a good person – will go back to the Assembly and lives to fight another day. His campaign for County Executive was a bit quixotic, his sales tax proposal was fundamentally cynical, and he sell the idea of jettisoning a competent and hard-working incumbent. His inability to break 40% speaks volumes about Poloncarz’s continued political aptitude, both in policy and salesmanship.

We shouldn’t be electing judges at all, judicial candidates shouldn’t have to pander to an electorate, and cute ads with their kids hardly gives you an idea of a judge’s temperament or qualifications. Brenda Freedman defeated Kelly Brinkworth to go to Family Court, helped along by an ability to get her name on every fusion line while Brinkworth was only on the D line. No one voted for Freedman or Brinkworth on the merits, because no one had a clue about their respective merits. This was all about ballot placement and electoral fusion.

The County Legislature will maintain status quo, with Democrat Tom Loughran defeating challenger Guy Marlette, and Ted Morton easily defeated Democratic challenger Deb Liegl, in a hotly contested race.

On Grand Island, only two votes separate the two town supervisor candidates, so voting does matter. In West Seneca, incumbent Sheila Meegan defeated challenger Christina Bove. In something of a spectacle, apparent RINO Carl Paladino, in an email co-written by his dog, endorsed Democrat Meegan. The nexus of West Seneca shenanigans right now is that Scott Congel project by the Thruway near Ridge Road.

In Niagara Falls, incumbent Democrat Paul Dyster won re-election to become only the second three-term mayor in Niagara Falls history.

Finally, I watched with some interest that two TV stations use a Buffalo native but current New York City resident as a Democratic analyst. This person is a professional lobbyist and has been disloyal to Erie County Democratic Headquarters since Steve Pigeon was deposed from his chairmanship 15-ish years ago. (As an aside, this lobbyist wrote a book. At the book’s website, there were three glowing reviews; one from the author’s former boss, and the other two came from two newspapers the author co-owns). This person’s somewhat predictable analysis was that pretty much everything – any prospective result – was going to be bad news for Erie County Democratic Committee chairman Jeremy Zellner.

While the Democrats couldn’t seal the deal in the Liegl and Brinkworth races – in both cases due in part to the Republicans outmaneuvering the Democrats in setting up the minor fusion party lines – I think Zellner had a pretty good night, as his close confidant Mark Poloncarz won an overwhelming victory. Maybe WKBW and Time Warner Cable could find a more loyal, and local Democrat to comment on Democratic politics, they don’t seem to have a problem extending that courtesy to Republicans.

Waltergate

scandal

On Tuesday – on the eve of the WNED debate between incumbent Democrat Mark Poloncarz and his Republican challenger Ray Walter, City & State published this article:

That was it. Multiple sources were telling City & State that there was an ongoing investigation involving your typical western New York brand of petty corruption – bid rigging for road work projects. The article as it first appeared – reproduced above – didn’t go into many details, except to pre-emptively exonerate Poloncarz and his administration of any misdeeds.

The Republicans, however, pounced so quickly and so heartily, you’d almost suspect they knew it was coming.

Frantically trying to gin this up a bit more? Yep. But also giddy. They were giddy. Can you blame them? Whether you like or hate Poloncarz, his honesty as a political leader is his stock in trade. If he’s not likeable, he’s competent, and to poke holes in that perception would certainly help the Republican candidate, who is running to be County Executive of WBEN’s listenership (which is, on a good day, around 10% of all people listening to the radio at any given time). 

Literally within minutes of the City & State story being published, Ray Walter’s campaign was busy readying the hay, complete with an allusion to Watergate!

Ringing alarm bells isn’t serious leadership. It’s grasping for headlines and an effort to manufacture controversy and relevance. The meme was carefully crafted within moments of the City and State article’s appearance. Poloncarz is a crook! Poloncarz’s administration is under investigation! Why is Poloncarz covering up this investigation into his administration? Why won’t Poloncarz speak publicly about an investigation being conducted by the Attorney General’s office? Why all the secrecy? Why the cover-up? What is he hiding? 

City and State later updated its original story several times, resulting in this newer, more complete version that includes quotes from various and sundry people, including Poloncarz and a spokesman for Attorney General Eric Schneiderman

Getting Schneiderman’s office to respond must have been quite the feat, you’d think at first blush. After all, it has a policy of not commenting on ongoing investigations. The trick here is that there is no ongoing investigation. It’s over. So, knowing what we know now, let’s examine the Republican quick-memes, and judge how well they’ve held up in under 24 hours’ worth of factual scrutiny: 

 

Poloncarz is a crook!

No, he’s not. 

 

This administration runs a clean administration,” Poloncarz said. “We became aware of certain potential improper actions leveled during the final years of the Chris Collins administration. We performed an internal investigation and we turned that information over to the state attorney general’s office for them to perform a more definitive investigation to determine whether inappropriate actions were taken in the Department of Public Works in 2010 and 2011.

 

 

Poloncarz’s administration is under investigation!

No, it’s not. 

 

Erie County Executive Mark Poloncarz on Tuesday responded to a report of an ongoing probe, saying that the only investigation into the county Department of Public Works he was aware of stems from actions during 2010 and 2011, which predate his administration.

 

 

Why is Poloncarz covering up this investigation into his administration?

He’s not. It’s not. 

 

Attorney General Eric Schneiderman’s office has confirmed that it investigated alleged bidding irregularities at the Erie County Department of Public Works, but Schneiderman’s office also said that its probe of the county agency is now closed. 

 

 

Why won’t Poloncarz speak publicly about an investigation being conducted by the Attorney General’s office?

Easy! Because (a) the investigation didn’t involve anything that happened during Poloncarz’s administration; (b) because Poloncarz is not the Attorney General and has no business commenting on or publicizing an ongoing investigation being conducted by a state agency; and (c) it’s not being conducted because it’s closed. 

 

Why all the secrecy?

 

Poloncarz, reached by phone, said his office began its investigation into bid processing shortly after he took office in 2012 and turned over the results of the probe to Schneiderman’s office in January 2013.

 

 

Why the cover-up?

 

On Tuesday afternoon after this story was published, the attorney general’s office said it had investigated the matter but had closed the case.

 

“In January 2013, County Executive Mark Poloncarz requested that our office look into alleged past issues related to competitive bidding for projects at the Erie County Department of Public Works,” the Schneiderman spokesman said in an email. “After a thorough review, and with the full support and cooperation of County Executive Poloncarz, our office closed the case with no further action.”

 

 

What is he hiding? 

 

Poloncarz, reached by phone, said his office began its investigation into bid processing shortly after he took office in 2012 and turned over the results of the probe to Schneiderman’s office in January 2013…

…On Tuesday afternoon after this story was published, the attorney general’s office said it had investigated the matter but had closed the case.

“In January 2013, County Executive Mark Poloncarz requested that our office look into alleged past issues related to competitive bidding for projects at the Erie County Department of Public Works,” the Schneiderman spokesman said in an email. “After a thorough review, and with the full support and cooperation of County Executive Poloncarz, our office closed the case with no further action.”

 

What did Poloncarz know and when did he know it? He knew that a Collins appointee had acted improperly when it came to roadwork contracts, and he knew in 2012. He then contacted the proper authorities – the Attorney General’s office. Not just because it was a matter for law enforcement, but because it would be unseemly for Collins’ successor and rival to investigate these specific allegations. 

Every single allegation – every attempted smear – turned out to have been completely false. But not only was it all false, but the overheated, reflexive over-reaction from Walter and his surrogates seems nothing less than childish now. In less than 24 hours it went from them screaming bloody murder to Bob McCarthy explaining that it was a Democratic-led probe into misdeeds under the previous Republican administration, with which Walter was closely aligned

 

The attorney general’s statement contradicted the Walter claim that a state investigation was currently in progress, which he based on a Tuesday report in City and State magazine.

“We know an investigation is going on; it’s been reported,” Walter claimed at a hastily called news conference Tuesday afternoon in Erie County Republican Headquarters.

When asked if he knew for sure an investigation was ongoing, he replied: “I know what I read in the article.”

Walter also suggested Schneiderman was working with Poloncarz to cover up a probe he said had been kept “secret.”“Is he protecting a political ally?” Walter said. “He very well may be.”

 

and 

 

Poloncarz said he didn’t further pursue the investigation himself, or publicize it, because he didn’t want to influence or compromise the Attorney General’s investigation, he said, and he didn’t want it to appear as if he was “kicking dirt” on defeated Republican incumbent Chris Collins.

Poloncarz noted that he changed the top leadership of the Department of Public Works after he took over, though the change was not precipitated by the probe.

To his knowledge, he said, no one in the department has been disciplined or fired for improprieties related to the Eden Evans Center Road project because the Attorney General’s Office has issued no finding of criminal conduct, and the county did not have definitive proof of wrongdoing.

 

It is a palpable testament to the competence and professionalism of the current administration that the best Walter can do is jump the gun and falsely accuse Poloncarz of a Watergate scandal before the facts are in; to reflexively try and make up a controversy where none exists.

 

It’s not so much Watergate as it is Waltergate – a scandal only in his mind. Sound and fury, signifying nothing.

Preetsmas in September

preetsept

It’s been weeks – months – since we last checked in on Preetsmas.

You may recall that on May 28th, state police and FBI agents raided the homes of three prominent political consultants, former county Democratic chairman Steve Pigeon, former deputy Mayor Steve Casey, and Congressman Chris Collins’ chief of staff, Chris Grant. Authorities are investigating campaign finance and election law irregularities of the WNY Progressive Caucus (hereinafter referred to as “AwfulPAC”), and the extent to which they jibe with real life. There’s been speculation that the AwfulPAC investigation branched off into other matters .

Throughout June, we drilled down through the various disclosures and discussed or analyzed how they might be evidence of some illegality:

The First day of Preetsmas (5/28/15): The raids & an introduction

The Second day of Preetsmas (6/4/15): All about AwfulPAC

The Third Day of Preetsmas (6/2/15): Seneca cigarette bootlegger Aaron Pierce & Mickey Kearns.

The Fourth Day of Preetsmas (6/3/15): Steve Pigeon, PAPI, and Gene Caccamise

The Fifth Day of Preetsmas (6/3/15): Pigeon’s Tax Liens

The Sixth Day of Preetsmas  (6/4/15): Analyzing tax returns, and litigation surrounding the sale of the Front Page/South Buffalo News

The Story of Preetsmas (6/4/15): Background on AwfulPAC

The Seventh Day of Preetsmas (6/5/15): Financial Shenanigans with Pigeon-connected PACs

The Eighth Day of Preetsmas (6/7/15): The Money Orders and AwfulPAC

The Ninth Day of Preetsmas (6/9/15): Pigeon’s addresses and Ganjapreneurs

The Tenth day of Preetsmas (6/11/15): The Pigeoning

The Eleventh Day of Preetsmas (6/12/15): AwfulPAC FOIL

Preetsmas: In their Own Words (6/14/15): A trip down memory lane

A Preetsmas Recap and Update (6/16/15): Updates on the investigation

The Preetsmas Mysteries (6/22/15): More about the AwfulPAC money orders

Let’s Talk About “Mistakes Were Made” in Campaign Finance Law (7/14/15): On the question of intent.

The statute of limitations for misdemeanors under the election law is two years from the date of a filing. It’s now mid-September 2015, and 2 year anniversary of the first batch of AwfulPAC’s 2013 reports has come and gone with no prosecution. It’s possible that prosecutors may instead choose to proceed under the New York State Penal Law, for filing a false instrument – a felony.  That may be a cleaner, easier explanation to a (grand or trial) juror.

It may be that prosecutors have focused more on other crimes, all well within the felony category.  It would be a shame to have them ignore the Election Law
even if these people are convicted on other things, because it’s the precedent that’s important – to avoid similar future violations, like illegal coordination.  These sorts of activities have been happening for a long time – at least since 1999, when similiar shenanigans took place on behalf of David Dale vs. Greg Olma, and for Jack O’Donnell vs. Al DeBenedetti. The people who think this all matters can afford to be patient.

Just this past primary season, we had two campaign committees get involved in Cheektowaga that are in blatant violation of the election law; Frank Max’s Progressive Democrats of WNY and a new committee called “Right Democratic Team” clearly participated in the September 2015 primaries, but improperly failed to make the proper financial disclosures. Neither committee filed primary reports, despite things like this happening:

Close readers of the Preetsmas series will recall Aaron Pierce of Irving, NY as having been invested in AwfulPAC, as well. He was a topic of discussion on the 4th and 7th days of Preetsmas. Two of Pierce’s companies found themselves in deep trouble, resulting in a guilty plea and over $1 million in fines, and Pierce lavishly exploits the LLC loophole to plunge tens of thousands of dollars into campaigns.

Max’s Progressive Democrats of WNY received $25,000 from one person just days before a primary election it never disclosed to anyone that it was participating in. Where did the money go? How was it spent – as a donation to one or more campaigns, or to make independent expenditures on other campaigns’ behalf? Whom was the committee supporting or opposing in September’s primary? Why didn’t it file the required forms and disclosures? Is this just another “oops we made a mistake?”

What, exactly, is Pierce buying by throwing $25,000 at Cheektowaga

This is yet another case where a Max- or Pigeon-controlled political committee tries secretly to influence a primary election and does everything it can to avoid drawing attention to itself. Long after it’s too late to matter, or to comply with the letter or spirit of the law, the committee files a flurry of disclosures or amends old ones. It will file forms with the board of elections to reveal the candidates it was backing or opposing months from now – months too late to matter, and months later than required. And, in the end, we’re meant to believe that a person who used to be a town committee chair, has been involved for decades, and who has vied to be the county committee chair did it by mistake and didn’t know any better.

If you have any information concerning this investigation, please feel free confidentially to contact me at buffalopundit[at]gmail.com.

1 11 12 13 14 15 24