UPDATED: Ballard Jr.'s Employer Cashing In On Both Ends?

We learned today that Mayor Greg Ballard hired American Structurepoint as project manager for "ReBuildIndy," the name Hizzoner has given the road, sidewalk, and curb improvement effort to be allegedly undertaken with the dollars from a 30-year, $170 million bond issued against expected increases in payments in lieu of taxes (PILOT), and the $262 million in proceeds (paid for by us all through foregoing a decrease in our rates) from the transfer of Citizens Gas. Do me a favor and read the release for what it says. Then I'll tell you what it doesn't.

First, as chronicled by both Ogden on Politics and Advance Indiana, at least one of the company's executives, Willis Conner, was indicted for bribery when the company operated as American Consulting Engineers years ago. (As a quick aside, don't you love how the corporate form allows you to hide from your misdeeds?) Paul Ogden reports that just two executives - Conner and Marlin Knowles, Jr. - donated a combined $55,000 personally to the Mayor. No, you did not misread that figure. And we don't even know how how many other dollars Ballard got from American Structurepoint personnel.

But that's not why I'm here. And, no, it's not because the Mayor is stealing Governor Daniel's playbook by mortgaging our future revenue at a discount for infrastructure improvements that he'll adorn with a catchy title for a political boost ("Major Moves," anyone?), or that it's pretty arrogant to hire a company to manage a project that hasn't even been approved by the City-County Council or the IURC.

And, no, I'm not here to comment on this paragraph from the Mayor's press release:

If the transfer of the water and wastewater utilities to Citizens Energy Group is approved, the city will invest more than $425 million into this program. This is in addition to $88 million already committed for transportation upgrades.

I'm not here to ask why the Mayor continues to act like this thing is one project when the $170 million bond issue is completely separate, or where this $88 million came from and why, if it's been committed, the money hasn't been spent. If the roads are crumbling and $88 million was just sitting there for upgrades, why wouldn't you, ya know, be building something already?

No, I'm here to talk about this seemingly innocuous part of the release:

After a competitive qualification submittal and review process, DPW selected American Structurepoint’s team of local firms with expertise in engineering, project management, and public outreach for its experience related to Indianapolis infrastructure.

So it's not just an individual bid? It's more like a "team" bid by American Structurepoint and other firms with whom it works?

A synonym for public outreach is "public relations." Wouldn't it be wild if the firm Structurepoint uses for "public outreach" is Hirons and Company, the very firm that employs Greg Ballard's son and is handling the PR for the Cit Gas sale?

Guess who has a reliable source that says it is? (I just texted Molly Deuberry, the Mayor's communications director for confirmation and her explanation of the bidding process. I'll update when I hear back from her).

If this is true, wouldn't that mean that the company for which the Mayor's son works is receiving your tax dollars to lobby for passage of a project that will result in them getting more of your tax dollars to describe that same project? Talk about getting dollars coming and going! Talk about your tax dollars going to promote Greg Ballard's re-election (just like I said, by the way).

As I aluded to above, one thing that is not clear from the press release is how the contract was bid, as it reads like the best "team" was selected. Specifically, I wonder whether American will pay the "team" members out of its overall contract? If so, can you imagine how in demand Hirons will be for similar "team" projects?

Having Hirons would be like having Paul Page as your lawyer on a criminal defense matter in Marion County. You know you'll get a special look.

UPDATED: A colleague who is pretty familiar with government procurement states that any "competitive" process would have treated project management as "professional services" which are never determined by bid price. In other words, the discretion to pick whoever responds to the Mayor's RFP (Request for Proposal) is as broad as his ability to weather the public criticism for whom he picks. Fifty-five thousand dollars ($55,000) would sure make me thick-skinned? Also at Structurepoint? Greg Henneke, Steve Goldsmith's Director of Public Works.

[I am still waiting to hear from Communications Director Deuberry. I was going to praise the fact she replied to my text messages at 10:00 p.m. last night. That's admirable accessibility and a strong work ethic. But then I never heard back today, so I have to yank the kudos. Sorry!].

UPDATED: Ballard Jr.'s Employer Cashing In On Both Ends?

iPOPA Thanks Mainstream Media, Fellow Bloggers for Catching Up; Speaks on City-County Councillor Folly

When I tell my wife she looks amazing, she thanks me, but I’ve noticed it's only when her friends tell her the same thing that she finally believes it. I guess if you expect compliments as part of the marital pact, it's only when "outside validation" occurs that something becomes really true.

Bloggers have that same kind of relationship with the mainstream media.

Earlier this week, the Indianapolis Star's Francesca Jarosz wrote a stellar analysis yesterday detailing how the Mayor's funding for sidewalks and roads through the Cit Gas transfer is basically a hidden tax increase because it would necessitate higher future rates.

Both of my closest blogger buddies, Terry Burns at Indianapolis Times and Jon Easter at Indydemocrat, posted praises here and here and Advance Indiana, my colleague from across the aisle, followed suit, as if Jarosz had discovered the rosetta stone of MOU's.

I'm green with envy because here's what I wrote about Citizens Gas and the Mayor’s water deal on March 20, 2010:

Or how about this. Why (doesn't Citizens) just assume the debt and forget the $262 million? [Ed. Note: I never bought the $425 million]. We all know the cash is just an advance against an even higher, future rate increase. Why not forget the cash and have lower rates in the future, Mr. Mayor?

One day you all will believe me when I say your shoes look nice. Sniff.

For his part, Democratic Mayoral candidate Brian Williams continues to raise pertinent questino about the deal, and the one that's captivated my imagination at the moment is the fact that City-County Councillor Mike Speedy's resolution has the council voting on a memorandum of understanding (MOU), NOT the final agreement. What is the difference? An MOU is how the parties hope things will work out. A definitive agreement contains the actual, final terms, so we'd know what we're actually getting, not a guess.

Think about that. There are members on the City-County Council who are voting for a "general idea." Can you imagine a Republican member of Congress voting for "healthcare reform" generally with all the actual details to be worked out later by the Obama administration? Of course not.

You say, yeah, but iPOPA, I'm sure votes were definitely cast with an intent of changing the reform bill later. Fair enough, but you prove my point. Congress can always make a law better. Once the City-County Council says, "Do the deal," they lose authority to say anything. What Councillor in his or her right mind would totally abdicate his or her oversight role by voting for something that is NOT the final product?

Stay tuned for...

...who in the Democratic caucus is looking to jump the fence on the Mayor's water deal; and

...iPOPA's Weekend Political Round-Up (an overview and commentary of all pre-primary political activity at all levels)

iPOPA Thanks Mainstream Media, Fellow Bloggers for Catching Up; Speaks on City-County Councillor Folly

Republican Bagman's Office Raided! iPOPA Challenges Advance Indy

When Marla Stevens was first investigated and then indicted, Advance Indiana, a local conservative blog, repeatedly mentioned that Stevens had donated $25,000 to Congressman Andre Carson. Advance Indiana called for the return of those funds, which he claimed were from ill-gotten gains. (Carson was ahead of him on the return, as I recall).

Today, we learn that one of the Republican Party biggest donors, Tim Durham, had his office raided by the FBI, and he is reportedly in custody. AI reports that Durham donated $150,000 to Carl Brizzi. But, strangely, that's where the reporting ends.

So I have to ask. If Durham's pyramid collapses, will AI call for the return of all the donations, just like he did with Carson?

What I've learned from exchanges with AI's publisher, Gary Welsh, is that the "return the money" rule applies only to those who don't have defunct committees, so that if, through some crazy coincidence, both John McCain and Andre Carson got a contribution from somebody who was indicted, only Andre would have to give the money back. Don't get it, but let's run with it for now.

I didn't have time to record all of the donations because there were so many of them, but here are some notable ones:

Mitch Daniels for Governor Committee:
2004 - $75,000
2005 - $10,000
2006 - $50,000
2007- $35,000
2008 - $5,000

Aiming Higher (Governor Daniel's Pac) - 2006 - $10,000

Greg Zoeller for Attorney General - 2008 - $11,000

Greater Indianapolis Republican Finance Committee - 2007 - $25,000

Marion County Republican Central Committee:
2005 - $1,250
2006 - $5,000

Indiana State Republican Central Committee:
2005 - $37,500
2006 - $27,500
2007 - $40,000

Hoosiers for Richard Mourdock - 2007 - $1,500

Committee to Elect Brian Bosma - 2007 - $10,000

Nineteen Pac - 2008 - $1,000

House Republican Campaign Committee:
2006 - $25,000
2007 - $8,580

Friends of Mike Delph:
2006 - $5,000
2007 - $5,000

Senator Bev Gard got $1,174 in-kinded to her for a fundraiser.

The only Democrat I found on the list is Baron Hill, who received $4,600 in 2007. Baron, send him back his money if you haven't already, dude!

I guess since Jon Elrod and Rudy Guiliani have defunct committees, they get a pass on their respective $2,300s.

I will wait and see what happens because we don't have all the information yet. But if Mr. Durham ends up taking a plea for financial misdeeds, I'll be waiting to hear from AI, and I'll be expecting the Governor and the multitude of Republican committees to cough it up, just like Advance Indiana would expect.

Republican Bagman's Office Raided! iPOPA Challenges Advance Indy

Advance Indiana's Glaring Bigotry

This won’t be a revelation to most readers of Advance Indiana, but Gary Welsh has inescapably confirmed himself as an anti-Muslim bigot.

Miriam Webster’s defines a “bigot” as “one who regards or treats the members of a group with hatred or intolerance." Using this definition, isn't the clearest way to engage in bigotry to insinuate group culpability for the evil deeds of a member of a group, as if all share the offender's flawed moral compass?

If so, Welsh engaged in a completely indefensible example of bigotry on Monday, June 15, 2009, in his report about Brima Kemokai, a Marion County Community Corrections technician charged with raping at least one woman on home detention.

Welsh wrote:

Murray’s report says Kemokai is a citizen of Sierra Leone, a predominantly Muslim county (sic) on Africa’s west coast.

Welsh was referring to Indianapolis Star reporter Jon Murray.

My first thought was, "What possible news purpose could Murray have for stating that Sierra Leone is "predominantly Muslim"?!?

Then I read Murray's story, and here's ALL it said:

(Kemokai) is a citizen of Sierra Leone who has permanent resident status, Brizzi said.

In other words, Welsh added the Muslim reference.

Why would Welsh do that, except to insinuate that Muslims are rapists who need to be kept out of America?

Welsh certainly cannot say he was satisfying his readers' craving for information about Sierra Leone, or he could have written that Sierra Leone is "the home of the world's largest natural harbor," "the home of the 7th lowest Human Poverty Index, or even "the country that gained notoriety for exporting blood diamonds."

Instead, Welsh chooses to emphasize Sierra Leone's "predominant" Muslim faith. (As an aside, estimates are that Sierra Leone is 60% Muslim, 30% Christian, and 10% native African faiths).

What makes Welsh's comment worse is that nobody has even reported that Kemokai self-identifies as a Muslim. Of course, if he did, that fact wouldn't indict other Muslims (except with bigoted readers) anymore than me pointing out the astonishing number of LEADERS of Christian churches who have been charged with molest and sexual harrassment indicts all Christians. (By the way, there are many anti-Christian bigots out there).

Is this confrontational of me? Sure. But Dr. King said time is neutral. It can either be used destructively or constructively. If we don't call out those who inflame bigotry, we let those with malignant objectives swing the pendulum toward their unjust ends.

I have previously suggested to Welsh privately that his coverage suggests an anti-Muslim and sometimes an anti-African-American bent in an effort to get him to think before he posts, but he apparently hasn't "gotten it." (Maybe the fact Islam is "predominantly" practiced in America by people who aren't white is more food for thought). Of course, since Welsh never posts any suggestion he might be using his blogging bully pulpit to whip up our worst human instincts, I feel compelled to say it here.

However, I'll extend to him a courtesy he never offers me.

Gary Welsh, respond here. I will post your entire defense, word-for-word, if you can offer one.

The tragedy is that Mr. Welsh frequently bests the mainstream media with his investigative reporting in this city. Unfortunately, he seems incapable of checking his inner demon - his unstoppable drive to tarnish Islam. As a Christian man, I can't let him do it any more. And neither should you.

Advance Indiana's Glaring Bigotry

The Inaugural Inaugural Write-Up!

Because of a lengthy trial yesterday, I was unable to watch the Obama inauguration until last evening (Thank you, DVR!). I have not seen, heard, nor read a single thing about the event yet because I wanted to give my “gut” impressions. Here they are:

- DAMN! Barack Obama flubbed his oath. This will give Republicans fodder for the next four years. Also, some Freeman wackos plus Advance Indiana will probably say Obama is not president because he hasn’t REALLY taken the oath of office. President Obama looked at Chief Justice Roberts like, “Are you freaking kidding me?!?!?” I don’t blame him. Isn’t every significant oath given in rhythmic phrases of NO MORE than five words? To have and to hold? In sickness and in health? How are you going to hit a guy with more than that when you know he has to be nervous about becoming the most powerful man in the world? I have a sneaking feeling Justice Roberts is thinking today, “Ha ha! Got him!”

- When George Bush walked out, he looked as comfortable as a black man at a clan rally. His eyes kept darting back and forth like he was expecting someone to throw shoes at him or something. He might be suffered from post-traumatic stress disorder from that well-heeled attack. Lord knows it’s the closest thing to combat he’s ever faced.

- Somebody needs to tell Michelle Obama not to wear that color of lip stick or lip gloss. It looked like her bottom lip was radioactive white during certain camera shots. (Oh, by the way, I’m still waiting for that top secret video where Michelle Obama says “whitey” that was much talked about on the internet. I guess Republicans are going to hold it until Obama runs for re-election?!?)

- People who can get past the fact the invocation was delivered by the “controversial” and “conservative” pastor Rick Warren will say he gave a phenomenal prayer. Of course, for some liberal activists, that’s almost like saying, “Hitler gave some great speeches if you can get past the whole holocaust thing.”

- Obama’s faith was on display throughout his speech. It was very scripture-based, which will make some people nervous. But he did something I hadn’t heard before from a U.S. president. He publicly acknowledged our nation also has “non-believers.” Conservative critics will attack him for it.

- I thought Obama’s speech was very moving, but not everyone agreed. I counted no fewer than eight people whose eyes were shut or whose heads were bobbing during the speech, and most of them were on the dais. Having people nodding off after an early morning that follows late-night festivities is nothing new, but this is where you can tell BET is not used to covering political events. Come on, BET! You NEVER show the sleeping people! Take a lesson from CNN. If CNN had shown all the people asleep at a McCain afternoon rally (say two hours after the MCL lunch rush), we would have seen entire rows in snoozeville. Even Michael Dukakis and the late, great Paul Tsongas never suffered the indignity of a public airing of people asleep during their events, but you KNOW there had to be thousands of potential targets from which to choose.

- I watched the movie Gladiator the other night, and the line that stuck with me is when Hinsou tells Crowe, “You have a great name. You must kill it before it kills you.” That’s what Obama is probably thinking. If he embraces his middle name of “Hussein,” he gives license to the conservatorati, like Greg Garrison, to say it with derisive emphasis (Barack HUUUUSEEEIIIIN Obama). But I cringed when I heard them announce “Barack H. Obama” as the President-Elect entered. Aside from mental comparisons to Hubert H. Humphrey, it was an obvious dodge of his own name, which everybody was going to hear anyway during the swearing in.

- Hillary Clinton seemed to have a forced smile to me during the entire proceeding. You know, the one where the mouth is turn up waayyy too high to be natural, so it suggests the person is really exerting effort? Inside her mind: “I should be taking that oath, damn it!” Bill Clinton kind of looked mad. Inside his mind: well, this one is actually anybody’s guess, but I’m going with, “Look at the diversity of hotties up in here.”

- It was, indeed, a broad swath of Americans, young and old, black, white, Asian, Arabic, and a whole lot of census-box-confounding “others.”

- While we all know Reverend Lowry was being ironical and tongue-in-cheek comedic at the end of his benediction when he said he hopes American can get to a place where “black doesn’t have to get back, yellow can be mellow, the redman can get ahead, man, and white can do right,” I promise there will be people who criticize that remark for (a) calling native Americans “red,” (b) calling Asians “yellow” (though when he said it, BET cameras caught some Asians who were laughing and applauding, and (c) for suggesting the white man needs to do more things right. I promise you Lowry will be painted by the same “white hater” brush that the conservatorati used on Reverend Wright.

- John Williams is a great composer (Close Encounters, Star Wars, Jaws, Indiana Jones, Apollo 13, Jurassic Park, Saving Private Ryan, and Schindler’s List, to name his signature works), but I wasn’t impressed with his original piece, which is saying something given that he had the world’s best violinist and cellist in the quartet. If every American got the joy out of their job that Yo Yo Ma gets out of playing his cello, we’d be absolutely destroying the industrialized world in productivity.

The Inaugural Inaugural Write-Up!

Zakaria: "Ditch Palin"

Earlier this year, Advance Indiana churned the notion floating among conservatorati that Barack Obama would ditch Joe Biden after he exhibited too much "crazy Uncle Joe" at consecutive campaign stops while "Palin syndrome" infected America. Now it appears Palin is under assault.

("Palin Syndrome," which has a Republican strand called "Obama-mania," refers to the public's irrational, fevered pitch enthusiasm for a completely unknown political candidate because (s)he "looks and feels the part" for a demographically diverse ticket).

CNN's world affairs expert, Fareed Zakaria, captures my sentiments about Palin, and even my general admiration for Senator McCain, better than I ever could in the following interview with CNN:

CNN: What did you initially think when Sarah Palin was announced as the Republican vice presidential nominee?

Zakaria: I was a bit surprised -- as I think most people were. But I was willing to give her a chance. And I thought her speech at the convention was clever and funny. But once she began answering questions about economics and foreign policy, it became clear that she has simply never thought about these subjects before and is dangerously ignorant and unprepared for the job of vice president, let alone president.

CNN: You don't think she is qualified?

Zakaria: No. Gov. Palin has been given a set of talking points by campaign advisers, simple ideological mantras that she repeats and repeats as long as she can. But if forced off those rehearsed lines, what she has to say is often, quite frankly --nonsense. Just listen to her response to Katie Couric's question about the bailout. It's gibberish -- an emptying out of catchphrases about economics that have nothing to do with the question or the topic. It's scary to think that this person could be running the country.

CNN: Does it make you concerned about Sen. McCain as a president?

Zakaria: Yes, and I say this with sadness because I greatly admire John McCain, a man of intelligence, honor and enormous personal and political courage. However, for him to choose Sara Palin to be his running mate is fundamentally irresponsible. He did not put the country first with this decision. Whether it is appropriate or not, considering Sen. McCain's age most people expected to have a vice presidential candidate who would be ready to step in at a moment's notice. The actuarial odds of that happening are significant, something like a one-in-five chance.

Every time I hear Palin's answer to Katie Couric's bailout question, I'm reminded of the scene in Billy Madison where Adam Sandler gives an infantile answer to a question during an academic competition, and the moderator/principal replies:

"Mr. Madison, what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul."

But Palin will never get bounced, and my party is the reason. If McCain kicks Palin to the curb now, the Democrats will make him eat it for dinner. We'll put up ads about how he made a horrific call for political expediency.

So here's what I propose: bi-partisanship for the national interest, just like when Senator McCain championed campaign finance reform. Barack Obama agrees to SAY NOTHING about the change if John McCain will just do it. It would be like Obama giving McCain a political mulligan. Maybe if he did that, McCain would at least look at him in the next debate.

Zakaria: "Ditch Palin"

Is IPOPA Hypocritical? A Response to Advance Indiana

One of many problems with politics these days is group-based generalizations. Everybody gets grouped into one thing, and all views, actions, and inactions are then attributed to a group regardless of the connection. This crystallized for me when Advance Indiana referred to the hypocrisy of Democrats over non-profit entities. Here’s the deal.

Sharon Pierce, the CEO of the Villages, Inc., and its auxiliary organization, Prevent Child Abuse Indiana (both of which go some good work), appeared last night during 60 Minutes in a campaign ad that speaks glowingly of Governor Daniels. The problem is that both of these organizations are 501(c)(3) non-profits, which means that they enjoy tax exempt status, but they must refrain from engaging in political advocacy.

At the outset, let me say that I am not a tax lawyer, nor do I play one on TV. But I’ve read the IRS provision restricting 501(c)(3)'s from engaging in politics, and I do not see how having the CEO of two specifically identified organizations gush about a candidate complies with the law.

So I wrote Ms. Pierce a letter today encouraging her to have Daniels pull the ad and to establish a policy to prohibit any officer or board member of either The Villages, Inc. or Prevent Child Abuse Indiana from appearing in future political ads with organizational attribution. Not only does such activity risk tax-exempt status, it risks ill-will among celebrity endorsers and politically active potential donors. In my letter, I noted that Colts coach, Tony Dungee, had been in a public service announcement for Prevent Child Abuse Indiana. I do not personally know Dungee’s politics, but I offered that he might be put in the awkward position of having to explain why he just did an ad for an organization that endorsed a campaign he might oppose. Moreover, any 501(c)(3) that plays politics risks alienating donors who might otherwise agree with the agency's mission but not its politics.

Anyway, within minutes of my letter being sent, Jim Shella blogged on it, which prompted Advance Indiana to note:

It’s funny that Marion County Democrats didn’t see anything wrong with Andre Carson’s campaign using Forest Manor Multi-Service Center to stage press conferences to promote his campaign at the center. And didn’t one or more not-for-profit employees appear in ads for Carson’s campaign?

First, notice how Advance Indiana says that “Marion County Democrats” didn’t see anything wrong. To have hypocrisy, you need person A (Chris Worden) calling into question a practice that person A (again, Chris Worden) has sanctioned in the past.

Respectfully, we cannot say what “Marion County Democrats” thought about the “Forest Manor situation” because we haven’t polled them to see if they even knew about it. But we can say what Chris Worden thought about it. He didn’t know about it at the time and still is not sure of the specifics.

If any individual, organization, or candidate can use the facility without cost, I’m not sure letting Carson do so constitutes advocacy. It seems more akin to an “open door” policy. If, however, there is normally a cost to use the center for a brief period, and the Congressman didn’t pay it, he should do so immediately. No 501(c)(3) organization should provide any service to a political campaign without charging the “market rate.” If I learn of a facility that does this, I’ll call them out on it as well as the candidate, be they Democrat, Republican, or Libertarian.

With respect to employees of Forest Manor appearing in a Carson ad, though, this is a trickier issue. I’m a firm proponent of individuals being able to support a candidate as individuals. If Ms. Pierce and her boards want to write checks to Governor Daniels, they can (and many have). But when it comes to political ads, the only way employees should appear is without organizational identification.

Accordingly, Forest Manor would have only acted improperly had it given its employees permission to appear in an Andre Carson ad specifically either with identification as Forest Manor employees or on regular work time. Absent that imprimatur, the employees appear only as individuals.

Admittedly, some leaders of organizations are so recognizable that even appearing without attribution will have the feel of an organizational endorsement. Quite frankly, this is something with which we’ll have to live because we honor the 1st Amendment. But the Daniels ad isn’t one of those situations.

To do right in this situation, all the Boards for The Villages and Prevent Child Abuse had to ask was this question:

“Is Ms. Pierce’s individual presence in the TV commercial made even remotely more advantageous for Governor Daniels by virtue of her identification as CEO of The Villages and Prevent Child Abuse Indiana?”

The answer is, “Of course, it was!” In fact, precisely what makes the ad powerful is that Ms. Pierce is speaking from organizational knowledge that she would not have but for her role as head of these not-for-profits. It seems impossible to assert that these organizations have not handed their PR heft, public good will, and organizational knowledge to Governor Daniels for his political benefit.

I am not interested in revoking the 501(c)(3) tax status of The Villages, Prevent Child Abuse Indiana, or any similar organization. I just want them to stop playing politics. When these organizations receive dollars, be they from grants, donors, or fees for services, they grow in the public’s esteem by virtue of not paying taxes. The tax exemption frees dollars that are used to spread the organization’s mission and good name in the community. To then turn that name over for the benefit of a particular party or individual candidate is just inappropriate, in my opinion.

So now everybody is on notice. Play politics as a 501(c)(3) entity, get chastised by Chris Worden. (I'm sure you're all terrified). Now, where is the hypocrisy again?!?

As a final note, Jim Shella’s blog identified me as a “public defender.” That is not an adequate description, as it (ironically) might convey that I am speaking for an agency. It is correct that I am currently a contract public defender, but my words were not written as a full-time employee for the Marion County Public Defender Agency. I would never want anyone to think I’m speaking for that agency when I’m not. This was simply me, as an individual, exercising my 1st Amendment rights by writing a letter on an individual lawyer’s private stationery.

Is IPOPA Hypocritical? A Response to Advance Indiana

Greg Zoeller Should Be Terrified of Linda Pence

I met Linda Pence two days ago. She is amazingly personable and incredibly sharp, and when I heard her pitch her candidacy, I became an instant believer. Ms. Pence's resume speaks for itself, and her tenacity is well-documented, even among conservative bloggers who try desperately to turn it into a negative to help their friends.

Let's be blunt. Most people who aren't lawyers hate lawyers until you need one, and then you want somebody who will crawl up and die on criminals, scam artists, and corporate wrongdoers of all stripes. Pence will be our pit bull.

Pence's proposal for independent investigation of deaths of children under the care of the Indiana Department of Child Services (DCS) is critical, and one Governor Daniels fears greatly. (In fact, you should expect to see the Governor dump any cash he can spare into Greg Zoeller's race to protect himself from true oversight of all of his activities). And this is just the tip of the iceberg on her agenda.

Apparently, the conservatorati, too, know Pence can flip this office to the Democrat column, which is why they're pushing the most ludicrous charges and guilt-by-assocation innuendo to undermine Pence's candidacy.

Recently, Advance Indiana attempted to brand Linda Pence a hypocrite because she criticized Attorney General Steve Carter for hiring a Chicago law firm for a DISCOUNTED rate of $395 per hour, when, lo and behold, she just hired a media consultant from Chicago. Let me dissect this so you'll see how assinine this criticism is.

When Steve Carter hired the Chicago firm, he used TAXPAYER dollars, not campaign dollars. Steve Carter was essentially saying, "Neither I nor Greg Zoeller know how to work a major case, so we have to pay an insane hourly rate to someone who can."

Seeing the obvious implication, AI and other R blogs, such as Hoosier Access, have tried a second tact. From Hoosier Access:

"As Gary Welsh noted over at Advance Indiana, it’s pathetic and hypocritical of Linda Pence to criticize Steve Carter and Greg Zoeller for seeking outside counsel when she personally was very handsomely paid for being an outside counsel during the O’Bannon administration."

These bloggers are referring to Ms. Pence's work on the 1999 White River fish kill case. Ms. Pence served as outside counsel at the behest of the late, great Governor Frank O'Bannon. Ms. Pence recovered $14 million for the state, making her acquisition an extremely profitable one.

If there is any criticism to be had with that work, wouldn't it be directed toward the O'Bannon administration for not having someone on staff or at IDEM to handle this litigation? After all, I don't fault the Chicago firm for representing a client in need, Steve Carter. I fault Steve Carter for being a client in need.

Put simply, Hoosiers can pay expert attorneys hundreds of thousands of dollars annually, OR we can get own expert attorney in-house, in the form of Linda Pence, for the price of votes plus $79,400 per year.

The appeal of that simple statement is undeniable, which is why the Republican bloggers are using the new number one dirty word in their operative handbooks: "Chicago."

Anything that can connect a Democrat to anything in Chicago (or Lake County, for that matter), no matter how tangentially, soils them. I envision the day when an East Chicago pastor who takes daily polygraphs to prove he's corrupt-free runs for a statewide office, and the R's will point out that "Pastor So-and-So had lunch regularly with Bob Pastrick." And I'll say, "Yeah, and so did half of East Chicago."

At some point, don't we have to say please show me ANY evidence of wrong-doing (even if its uncharged) by the ACTUAL CANDIDATE instead of playing Six Degrees of Separation through discredited politicians?

But the most telling insight into this race comes from the fact that almost EVERY Republican blogger post has been anti-Pence, not pro-Zoeller.

That's because when you have nothing to showcase, all you can do is distract and attack.

Greg Zoeller Should Be Terrified of Linda Pence

Can Obama Blame Momma for Drama?

No Quarter, the pro-Clinton website that has brought you such blockbusters as "Wait Until You See The Tape of Michelle Obama Attacking Whitey" (which still has not materialized), now brings you an encore presentation entitled: "Barry Soetoro: Closet Indonesian Muslim!"

Right wing blogs, such as our very own Advance Indiana, are pushing a school record bearing the name "Barry Soetoro," not "Barack Hussein Obama." The same document says Obama's religion is "Muslim" and that he is an "Indonesian" citizen.

AI and the conservative blogocracy make several arguments against Obama, hoping and praying that one will stick, based on this document:

(1) Obama can't be president under the U.S. Constitution;

(2) Obama lied on his Illinois bar application because he didn't disclose other names he'd used; and

(3) Obama lied about being Muslim.

At the outset, let me say that as a family law attorney, I take a very measured approach to ANY document a parent fills out for a child. Often these records reflect "truth," only if by "truth," you mean the subjective beliefs of the parent filling out the form. Do you have any idea how many virgin births there would be in this country if we took as proof positive of this phenomenon each school record where no father was listed? Do you know how many living moms would now be dead if we looked at all the records dads completed? It's sad, but the answer is a boatload. Keep that in mind as you recall that Obama did not complete this form; it was a note from his mom.

First, here is the revelant excerpt from your constitution, Article II:

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

Until somebody files a legal challenge to the validity of Obama's birth certificate, the State of Hawaii has him as being born in 1961 in their state, and that's what Obama says as well. The fact his mother listed him as an Indonesian citizen means nothing. AI might say it proves that the Hawaii birth certificate IS a phony. To retort, it might also prove that Obama's mother was concerned about how her son would be treated in Jakarta as an American citizen, a belief which may or may not have been, itself, objectively reasonable.

I had a client with a son with mental retardation diagnosed through testing, but this was not listed in the school records. Why? He didn't want his child to be treated differently. Unless somebody talks to Ms. Obama and finds out her motivation, the fact she claimed him as an Indonesian citizen doesn't move me.

Second, when Obama filled out his bar application, was he thinking, "Wait! Some day I might run for president and somebody will not vote for me if they know people used to call me Barry Soetoro!?!" Of course not. More than likely, he either didn't know his mother had listed him under that name in this record, he was never called Barry Soetoro, or he was called it infrequently or so long ago, he didn't remember of think it reached any level of significance. When I was in law school, all my friends called me Gordo. Did I need to put that in my Indiana bar application? Of course not. Because I knew what my real name was, just like Obama did. (Seriously, folks, if he could have told everybody his name was NOT "HUSSEIN," don't you think he would have jumped on the chance to disavow it?!?)

The funny thing about this is that these are all childhood things that Barack can't control. His mom can call him Dimplecheeks Obama, but when you know your real name, that's what you list as names by which you have gone on an official state form.

Here's my challenge to all right-wing bloggers. Find me a document that Barack Obama has filled out IN ADULTHOOD with the name Barry Soetoro. What name did he use to apply for college? What about law school? Find Barry Soetoro on those applications. Then we'll talk.

You say, "But Chris, why would his mother have listed him as Barry Soetoro if his real name were Barack Hussein Obama?" Oh, perhaps because his father was absent from their lives, and she couldn't stand him. Or perhaps she wanted him to feel some kindred bond with his step-sibling.

Third, did he hide his Muslim faith? Again, that is his mother filling out the document, not him. If my mother filled out a document when I was a kid, she'd say I was Catholic. But when I filled out a college application when I was adult, I wouldn't. Nor am I sure what I would put if I was asked "in what religion were you was raised." To the extent I had one, it was Catholic. But I didn't go to church after I turned 14 years old.

Fair criticism is fair criticism, and when Obama started sounding squishy on the Iraq War, I started calling him out on it. But there is a fanatical desire to destroy his candidacy now with things that he couldn't even control because he was essentially a child.

I really do not want to point to race as right-wing bloggers motivation because if the Clintons showed anything, it's that white conservatives can REALLY drum up some deep-seated hatred toward other white people (a/k/a "Hillary"). But I don't understand how the hatred of this man has eclipsed even that level of venom.

We'll give a cocaine-sniffing, alcoholic GROWN MAN named Bush a pass to the presidency, but we'll try to destroy Obama with what his mom said about him, where she made him go to school, and what she might have made him do religiously to fit in with his peers in Jakarta.

Quite frankly, Scarlett...I don't give a damn. And you shouldn't either.

Can Obama Blame Momma for Drama?

Woe is Me? Advance Indiana Severs Connection, But Easter is Here!

Here's what you need to know about me. I strive to get facts and analysis right, but sometimes I don't. So I need to be "checked" periodically. This is why I have a profound respect for opposing opinions; I don't censor them.

In the entire time I've operated this blog, I've never removed a single comment. I did warn somebody once who was trying to bogard my blog by posting a bunch of unrelated comments. So if people want to take issue with what I say, I let them, even when they keep themselves anonymous. Personally, I wish they wouldn't. But hey, if the authors of the Federalist Papers called themselves Publius, how can I hate just because "Publius" was facing potential death for treason while my posters only face the inconvenience of people discarding their argument because they believe the poster is crazy?

I posted an entry in which I said I thought Advance Indiana was being "dumb" for caring about what Obama has playing in his IPOD, and as retaliation, AI removed IPOPA from his bloglist.

In response, I'm keeping Advance Indiana up on mine. I encourage all readers who lean toward my party (Democrat) to keep reading Advance Indiana. I listen to Limbaugh AND Garrison, and I read a LOT of conservative blogs just to see what's going on and to challenge my own thinking. When we get afraid and want to shut opposing voices down, that when I know we've lost the argument.

AND on the subject of voices, let's give a round of applause to Jon Easter, the Decatur Township Democratic Party Chair, who has joined the blogocracy.

http://www.indydemocrat.blogspot.com/

May you all make many happy returns to Indydemocrat!

Woe is Me? Advance Indiana Severs Connection, But Easter is Here!

Advance Indiana Takes Two Steps Back on Ludacris Story

Just when you thought Advance Indiana couldn’t get sillier. BLAM!

Hip hop star, Ludacris, wrote a song favoring Obama that called Hillary Clinton the “b” word and was questionable in some other regards that I can’t remember. I’m sure John Price is somewhere with a stenograph going over each word, so get a report from him. Anyway, because Obama said he had Ludacris in his Ipod, Advance Indiana thinks Obama shouldn’t be your president.

Is that what it’s come down to? Deciding our president based on who is in his IPOD?

That's the dumbest thing I've ever read, and as a regular at Advance Indiana, that’s saying something.

I'm tired of guilt by association rants. I don't believe, support, or imitate everything I see or hear. If you accept Gary’s argument, though, you must. So....I feel very bad for you, and I can only caution you to avoid packs of lemmings near cliffs because you might go over with them.

I have seen thousands of violent movies, but I don't kill. In fact, I've never even been in a fight. I listened to Pink Floyd's "The Wall," and somehow managed not to disrespect the public education system. I have Lynrd Skynrd's "Sweet Home Alabama" on my Ipod. Here are some of its lyrics:

"In Birmingham, they love the governor,
Now we all did what we could do,
Now Watergate does not bother me
Does your conscience bother you?"

In addition, the final chorus rhymes "where the skies are so blue" with "and the governor's true." The Governor of whom they speak? Rabid segregationist George Wallace. How am I not in the klan?

I’ve listened to Ludacris since he first came out. I challenge you to find ANYBODY who says I’m a misogynist or who has ever heard me use the “b” word. When I was in college, I listened to NWA's song, "F--- tha police," and guess what?!? I've publicly criticized those who disrespect police officers, and I've never been arrested. I loved Busta Rhymes’ song, “Pass the Courvoisier,” and yet, I’ve never drank it! How is this possible?

The next thing Advance Indiana is going to tell you is that watching Brokeback Mountain will turn you gay, so we should be worried about any presidential candidate with that movie in his or her DVD collection.

If AI is going to quote Ludacris lyrics, it can at least quote the good ones:

Shout out to Bill O'Reilly,
I'ma throw you a curve,
You mad cause I'm a THIEF,
and got away with words,
I'ma start my own beverage,
it'll calm your nerves
Pepsi's the New Generation -
BLOW IT OUT YA @ss!

Advance Indiana Takes Two Steps Back on Ludacris Story