* Some libertarians are making the case that the problem behind the Eric Garner cause célèbre is “too many laws.” Here’s Stephen Carter in the Tribune…
On the opening day of law school at Yale, I always counsel my first-year students never to support a law they are not willing to kill to enforce. Usually they greet this advice with something between skepticism and puzzlement, until I remind them that the police go armed to enforce the will of the state, and if you resist, they might kill you.
I wish this caution were only theoretical. It isn’t. Whatever your view on the refusal of a New York City grand jury to indict the police officer whose chokehold apparently led to the death of Eric Garner, it’s useful to remember the crime that Garner is alleged to have committed: He was selling individual cigarettes, or loosies, in violation of New York law.
The obvious racial dynamics of the case — the police officer, Daniel Pantaleo, is white; Garner was black — have sparked understandable outrage. But, at least among libertarians, so has the law that was being enforced. Wrote Nick Gillespie in the Daily Beast, “Clearly something has gone horribly wrong when a man lies dead after being confronted for selling cigarettes to willing buyers.” Republican Sen. Rand Paul of Kentucky, appearing on MSNBC, also blamed the statute: “Some politician put a tax of $5.85 on a pack of cigarettes, so they’ve driven cigarettes underground by making them so expensive.”
The problem is actually broader. It’s not just cigarette tax laws that can lead to the death of those the police seek to arrest. It’s every law. Libertarians argue that we have far too many laws, and the Garner case offers evidence that they’re right. I often tell my students that there will never be a perfect technology of law enforcement, and therefore it is unavoidable that there will be situations where police err on the side of too much violence rather than too little. Better training won’t lead to perfection. But fewer laws would mean fewer opportunities for official violence to get out of hand.
I don’t necessarily disagree. We do have way too many laws that unnecessarily imprison people in this country. They couldn’t have just written the guy a ticket?
* But while we may have too many petty crimes actively policed at the bottom of society, there are too few laws governing the top. Matt Taibbi…
That was economic regulation turned lethal, a situation made all the more ridiculous by the fact that we no longer prosecute the countless serious economic crimes committed in this same city. A ferry ride away from Staten Island, on Wall Street, the pure unmolested freedom to fleece whoever you want is considered the sacred birthright of every rake with a briefcase.
If Lloyd Blankfein or Jamie Dimon had come up with the concept of selling loosies, they’d go to their graves defending it as free economic expression that “creates liquidity” and should never be regulated.
Taking it one step further, if Eric Garner had been selling naked credit default swaps instead of cigarettes – if in other words he’d set up a bookmaking operation in which passersby could bet on whether people made their home mortgage payments or companies paid off their bonds – the police by virtue of a federal law called the Commodity Futures Modernization Act would have been barred from even approaching him. […]
But the policy looks worse when a white yuppie like me can live in the same city as Garner for 15 years and never even be asked the time by someone in uniform. And at the very highest levels of society, where corruption has demonstrably been soaring in recent years, the police have almost been legislated out of existence.
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GA sends Quinn hot potato
Friday, Dec 5, 2014 - Posted by Rich Miller
* Crain’s…
The Illinois Senate [yesterday] overwhelmingly passed a two-year extension of the smart grid law that permits Commonwealth Edison and Ameren Illinois to hike electricity delivery rates annually via a formula.
The 40-4 vote sends the bill, which authorizes formula rates through 2019, to Gov. Pat Quinn. Though the utility-backed legislation passed by veto-proof majorities, it may die anyway.
If Quinn, who vetoed the original smart-grid bill in 2011 and has vetoed changes to benefit the utilities since then, rejects this two-year extension, it may not get an override vote before the next General Assembly convenes in January. That would start the legislative process all over again.
* There is one minor twist, however…
Before leaving, the Senate voted overwhelmingly to approve a bill that extends by two years the state’s smart grid law. The law allows Commonwealth Edison and Ameren Illinois to raise delivery rates for electricity each year under a formula for making upgrades to their infrastructure.
The smart grid law was set to expire at the end of 2017. The bill extends that to 2019. […]
Immediately after the bill was approved, Cullerton filed a motion to reconsider the vote, a maneuver that for now prevents the bill from being sent to Gov. Pat Quinn. Quinn has previously vetoed bills allowing utilities to raise rates.
* More…
Quinn’s office said the outgoing governor would “carefully study” the proposal. He vetoed the original smart grid law, but that move was overridden by the Legislature.
If Quinn nixes the latest plan, it likely will die because House Speaker Michael Madigan, D-Chicago, sent members of the House home Wednesday and doesn’t plan to call them back to town before the new General Assembly begins its work. […]
“The sponsor chose to keep the bill in the Senate until he has a chance to speak with Gov. Quinn about his intentions,” said Cullerton spokeswoman Rikeesha Phelon.
Among the groups opposing the legislation is the Citizens Utility Board, which said the 2011 law should be allowed to work as planned without the changes sought by Ameren.
So, it’s all up to Quinn now.
…Adding… From comments…
You are missing the strategy. Cullerton looks to be holding the bill until Jan 13th one day into the new gov’s term and one day before the 98th dies.
He’s bypassing Quinn.
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* The 2014 Golden Horseshoe Award for Best State Senate Staffer - Non Political goes to Giovanni Randazzo…
Not many people arrive as early or stay as late as Gio. Simply put, he works his tail off. Manages two of the most time consuming and challenging committees, is always willing to work on a member’s project (usually because nobody else wants to) and has the institutional knowledge to help in almost any situation.
Love the guy.
The clear runner-up was Mike Hoffman.
* The contest for the 2014 Golden Horseshoe Award for Best State House Staffer - Non Political wasn’t even close…
Mark Jarmer is a staple to the HDEM Staff. He is a veteran. Yes he is an actual veteran, but also a veteran staffer. He has to deal with some difficult subject matters that are always controversial, but he handles each issue with integrity and professionalism. He offers guidance to new staff, just trying to navigate the insanity that is our job. He is a clear leader and one of the most trusted employees of the Speaker.
He is also just a great guy to work with. Always in a good mood, always there to offer advice or a kind word. There are not enough good things to say about Mark.
* OK, let’s move on to today’s categories, with last year’s winners in parentheses…
* Best campaign staffer - Illinois House Democrats: (Kristen Bauer)
* Best campaign staffer - Illinois House Republicans: (Nick Bellini)
Please nominate people for both categories if you can, and also make sure to fully explain your votes. Thanks.
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Today’s number: “Under half”
Friday, Dec 5, 2014 - Posted by Rich Miller
* Will Bunnett at Campaigns & Elections…
According to the Off the Grid National Survey 2014, under half of voters now say live TV is their primary way to watch video content—and other than sports, nearly 30 percent did not watch live TV over the past week. The National Republican Senatorial Committee, whose candidates made big gains this year, recommended spending 20 percent of total campaign budgets online.
* But as far as fundraising goes, social media ads alone don’t do the trick…
For years it was the zombie prediction that wouldn’t die: fundraising will shift to social media. Did you hear any of that buzz this cycle? Asking for money on social media is like going up to your friends and shouting, “Who wants to help move my couch upstairs this weekend?” Asking over email is like looking your friends in the eye one by one. […]
Most political advertising online relies on so-called “last click attribution” to measure effectiveness: somebody saw the ad and clicked to the website, so did they take an action or not? But commercial marketers long ago moved beyond simple last-click models. This cycle we learned that political marketers must, too. My employer, Trilogy Interactive, partnered with Facebook on a study that showed supporters who receive fundraising emails and ads simultaneously contributed 67 percent more via email.
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Unclear on the concept
Friday, Dec 5, 2014 - Posted by Rich Miller
* Bruce Rauner earlier this week…
“Our problems have not been created by the tax hike expiring,” he said. “That’s not what is creating our problems. What’s creating our problems is years and years of financial mismanagement.”
* So far, as we’ve already discussed, Rauner has said he’s found $1.4 billion in the budget which is “fundamentally dishonest” spending. It’s essentially money being moved around to keep things afloat, while creating problems down the road.
And as we’ve also discussed before, Voices for Illinois Children estimates revenue lost from the partial income tax rollback in January will blow a $2.3 billion hole in this year’s budget and $5.4 billion in next fiscal year’s budget.
And, as we’ve also discussed before, just about every dollar of the 2011 income tax hike has gone to pension payments, which had been skipped or skimped in years previous.
In other words, despite what Rauner is saying, the expiration of the tax hike is gonna cause severe problems. Fix all the mismanagement you want, but it ain’t gonna total $7-8 billion a year for pension payments.
…Adding… That’s not to say there weren’t “years and years of mismanagement,” but good management now won’t make that hole suddenly disappear.
…Adding More… From YDD…
Every time he says this, another Democrat steps off the roll call for phasing the tax increase back in and back out again.
And two Republicans.
According to him, all he has to do is manage the state’s current budget better.
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Guilty, guilty, hostile
Friday, Dec 5, 2014 - Posted by Rich Miller
* The Sun-Times writes about the guilty plea by Curtis Thompson, former chief of staff to Ald. Howard Brookins…
However, according to Thompson’s plea deal, Thompson met with the informant and another unnamed individual Oct. 7, 2013, at Brookins’ ward office. That’s when the informant showed Thompson a note that read, “$7,500 to Ald for L.O.S.” Thompson took it to mean the informant was offering to pay $7,500 for a letter support from the alderman, according to the plea. Thompson said he understood and said he’d bring the proposal to his boss.
The document then describes an Oct. 29, 2013 meeting between Thompson, Brookins, the informant and another unnamed individual in Brookins’ ward office. There, the informant handed the alderman a sheet of paper that read “$12K to you for letter of support,” according to the plea deal. The piece of paper was then passed to Thompson.
At a Nov. 19, 2013 meeting attended by Thompson, Brookins and two others, the informant said he was trying to become a 7-Eleven franchisee, and Brookins expressed his support, according to the document.
When the informant asked Brookins who he should go to “to hold up my end” — and if the alderman was “good with the same arrangement” they’d spoken about before — Thompson understood the informant was making reference to the bribe, according to the plea deal.
Over the next few weeks, Thompson prepared two letters of support for the informant on Brookins’ letterhead, signing Brookins’ name. Before doing so, he sought Brookins’ approval, the plea deal said. Thompson knew the informant later picked them up and planned to use them to obtain a liquor license for his proposed store.
Finally, on Dec. 19, 2013, prosecutors said the informant handed Thompson a Christmas card in a red envelope at Brookins’ holiday party. It was filled with 75 $100 bills.
Yikes.
* In other guilty news….
A former Illinois state representative is expected change his plea to guilty in a child pornography case.
A defense filing this week said Elgin Democrat Keith Farnham intends to plead guilty in federal court in Chicago on Friday as part of a plea deal.
The 66-year-old pleaded not guilty earlier this year to possessing, receiving and transporting child pornography.
Prosecutors say Farnham possessed videos depicting child pornography on a computer. A complaint provided graphic details about images allegedly sought and traded by Farnham online. Some children were allegedly under 10.
Good riddance.
…Adding… From the US Attorney’s office…
In pleading guilty, Farnham admitted that on Nov. 25, 2013, he sent an email from a computer in his Elgin office with the following message: “do you trade. This is what I lik.” Farnham attached two files to the email that he knew contained child pornography. In addition, he possessed images and videos depicting child pornography on computers and electronic storage devices in his residence, car and offices.
On March 13 of this year, agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) executed federal search warrants at Farnham’s state office and residence in Elgin and seized computers and electronic storage devices. On that day, Farnham possessed no fewer than 2,765 images of real minors engaged in sexually explicit acts, including sexual intercourse, with prepubescent children. Some of the images involved sadistic or masochistic conduct and depictions of violence, according to Farnham’s guilty plea.
According to the court documents, HSI agents were investigating information received from the HSI Cyber Crimes Center that an email address, later linked to Farnham, was being used to trade child pornography on the Internet.
A sick monster.
* Meanwhile…
Federal prosecutors plan to summon Dr. Eric E. Whitaker, one of President Barack Obama’s closest friends, into U.S. District Court in Springfield next week to question him outside the presence of jurors before a judge decides whether Whitaker can be called as a hostile witness in the fraud trial of a Chicago businessman.
The 49-year-old Chicago physician is set to be questioned by prosecutors at 2 p.m. Monday before U.S. District Judge Richard Mills. The judge ruled this week that prosecutors made a good case to treat Whitaker as a hostile prosecution witness but said he would hold off ruling on their request until first hearing how Whitaker answers questions outside the presence of the jury.
After questioning Whitaker and getting Mills’ ruling, prosecutors will decide whether to call him to testify in the trial of Leon Dingle Jr. and his wife, Karin Dingle, who are accused of stealing more than $3 million in state grants obtained from the Illinois Department of Public Health, which Whitaker headed from 2003 to 2007.
“The final determination as to whether [Whitaker] would be called as a witness in the case has not been determined,” Sharon Paul, a spokeswoman for the U.S. attorney’s office in Springfield, said Thursday.
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Protecting his people
Friday, Dec 5, 2014 - Posted by Rich Miller
* Gov. Quinn is trying to take care of a couple of folks at the Illinois Sports Facilities Authority on his way out the door…
Sneed has learned that Sports Facilities chief Kelly Kraft, who was Quinn’s controversial choice to lead the authority, is now out of a job after a contract expired last week. A movement may be afoot to hastily replace her on Monday, before Gov.-elect Bruce Rauner takes office next month.
But Sneed also hears Quinn could have a problem with such an appointment if his four handpicked facilities board team members decide not to approve the move before Rauner’s first day.
“Businessmen like doing business — and Rauner is now the state’s top businessman,” a Sneed source said. “Quinn would need all their votes to approve such a move.”
And a top Facilities Authority source claims that Lou Bertuca, Quinn’s former campaign manager, former deputy chief of staff and fellow Fenwick High School grad, is being floated as a possible appointee.
Quinn wants Bertuca to get a two-year contract. As of the other day, Quinn didn’t have the four votes needed to pull that one off. We’ll see.
* And this is from my colleague David Ormsby…
There may be a gubernatorial transition taking place, but the process of the state buying things - big and small - continues to trundle forward.
On November 17, Central Management Services issued a whopper of a RFP looking for a single Prescription Benefit Manager that will be responsible for the administration of the prescription drug benefit available under all state-sponsored self-insured health plans, including the State Employees Group Insurance Program, the Local Government Health Program, the Teachers’ Retirement Insurance Program, and the College Insurance Program.
The current contract expires June 30, 2015.
CMS wants all bids in by January 5 - one week before Bruce Rauner is sworn in.
Subscribe by clicking here.
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C’mon, man
Friday, Dec 5, 2014 - Posted by Rich Miller
* Gov.-elect Bruce Rauner was in Washington, DC yesterday meeting with the congressional delegation and stopped to talk to the media…
“To be clear, Illinois is in dire condition,” Rauner said. “Our financial condition is far worse than has ever been discussed publicly before.” [Emphasis added.]
* Um, no. I’ve already pointed to the column I wrote in June that found even more budgetary gimmicks and pressures than Rauner has talked about so far. The Senate Democrats also released this informative PowerPoint presentation in July…
Also in July, the CTBA released a detailed budget analysis that you can read by clicking here. And the Civic Federation released a report in October discussing the same stuff.
* Zorn…
Rauner, on the last day of May, ripped the spending plan as “phony” and “the same type of broken, dishonest budget that career politicians in Illinois have been passing for years.”
And adds…
The “If only I’d known how bad it really was!” pose from newly elected pols trying to lower the expectations of those who actually believed their commercials is always galling. But it’s especially galling here, given that Rauner spent much of the last year refusing to answer with any specificity questions about how he plans to address Illinois’ deep financial problems.
Rauner spent decades buying up companies. He has loads of experience doing “due diligence.” As some commenters have noted here, did he not do any due diligence or is this all just an act?
I’m betting on the latter.
It would be nice if the rest of the news media would start pointing out this stuff.
…Adding… Mike Flannery did a good job of rebutting Rauner’s claims this week…
“The voters have been misled intentionally by the politicians,” Rauner said.
Those politicians include Democrats, Republicans and Mr. Rauner himself. Among his campaign promises: billions of dollars in tax cuts, as well as increased spending on education, not to mention the re-opening of a Downstate facility closed to save money. He seemed to ignore six months of watchdog warnings about the current state budget.
“You would think the whole General Assembly was on medical marijuana when they were passing this thing. It’s grotesquely out of balance. It doesn’t have nearly the revenue that they claim. And they emptied their whole dirty bag of tricks to make it look balanced,” [said Mike Flannery] in early June.
In early October, the budget watchdog Civic Federation issued a detailed report on Illinois’ budget crisis. Their conclusion is one no politician wants to hear.
“There is no easy way, there is no politically attractive way to get through this. It’s gonna require sacrifice from all parties. The taxpayers are gonna end up having to pay more money. They’re gonna get less service. The employees are gonna have to take less benefits,” President of the Civic Federation Laurence Msall said.
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