Monthly Archives: February 2009

The Comedy Stylings of The Republicans At CPAC

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NRCC Attacks Tom Perriello in Video

Is it an advertisement? Is it a hit job? It’s both, and now, on day 44 in the term of office for Tom Perriello, the NRCC (no link) has released a video that attacks Rep. Perriello for his support of the stimulus bill.

It seems the Republicans are now a one-note song. The stimulus bill is where they hang their futures, because with this kind of high-profile attack messaging operation, if the plan fails, they will have something to talk about.

However, if it does not fail, the Republicans, specifically the House, and the snarling whip-boy Eric Cantor will have a lot of explaining to do. I have never seen a group of politicians arguing so forcefully for the failure of our country. It is crazy, but hey, it goes with the neighborhood.

The reason I am not embedding the ad here, is that it is exactly what the NRCC wants Democrats and the media to do, thereby getting free media for their attack machine. Besides, you will be able to find this video in all the usual places on Republican blogs, most of which have turned their fire on the stimulus package alone, to the exclusion of any other issues.

It won’t work, and I will predict right now that Eric Cantor will attract a high-profile candidate running against him next year, and will lose his seat in the House over this.

NRCC Attacks Tom Perriello

HB1687 Removes Protections For Consumers In Automobile Transactions – Action Alert

Thursday afternoon, the Senate Transportation Committee will take up this bill, HB1687, which removes the consumer protection from the transaction of purchasing a vehicle. There has been complaints from both parties’ citizen activists about this bill, patroned by Delegate John Cosgrove (R-Chesapeake).

Basically, this bill removes the protection of the Uniform Commercial Code from the purchase of a motor vehicle. If a dealer wanted to exercise their statutory or contractual rights to cancel a purchaser’s contract to buy a vehicle, before the application for title has been submitted to DMV in the name of the purchaser, that dealer may do so without claim of possession by the purchaser. In other words, no rights to get a trade-in vehicle back, no return of money given as a down payment, and without any other protection afforded the consumer in VAC Title 8.9A, Commercial Code for Secured Transactions.

This bill would remove a long established body of law that protects both the business community and the consumer by providing rules for the transfer of property in default.

The bill would also create a situation where there would be two types of reposession and two types of consumer in reposession; one with the protections and rules of Article 9 (secured transactions), and those without such protections for either party.

No guidance is provided in this bill for the Courts or others, including law enforcement personnel and auto dealers, on what would replace the protections offered in the Commercial Code.

Delegate Cosgrove seems like he might be providing a service here to one of his biggest donors, the Virginia Automobile & Truck Dealers Association.

$6,050 Va Auto Dealers Assn
$500 Carmax Auto Superstores Inc

That information is from 2007-2008. If you look at VPAP records for the seven years from 2001-2008, it is a different picture.

Amount Donor
$21,250 Va Auto Dealers Assn
$1,400 Va Independent Auto Dealers
$1,300 Greenbrier Dodge
$1,000 Greenbrier Chrysler Plymouth
$550 Don Comer Ford Inc
$500 Carmax Auto Superstores Inc
$300 Greenbrier Oldsmobile
$250 Gordon Motor Auto Sales Inc
$200 Green Gifford Car Center
$150 Freedom Ford Inc

$26,900 from auto dealers since 2001.

Now comes the action portion of our program. This bill will be debated, such as it is, tomorrow in the Transportation Committee, at 2 PM. Below are the members of the Transportation Committee:

Members

* Sen. Yvonne Miller (D-5) Chair
* Sen. Harry Blevins (R-14)
* Sen. Creigh Deeds (D-25)
* Sen. Edd Houck (D-17)
* Sen. Robert Hurt (R-19)
* Sen. Henry Marsh (D-16)
* Sen. Ryan McDougle (R-4)
* Sen. John Miller (D-1)
* Sen. Steve Newman (R-23)
* Sen. Chap Petersen (D-34)
* Sen. Phil Puckett (D-38)
* Sen. Ralph Smith (R-22)
* Sen. Patsy Ticer (D-30)
* Sen. Frank Wagner (R-7)
* Sen. John Watkins (R-10)

Please call these Senators and ask them to not pass this horrible bill. Obviously, this is a ploy by friends of the automobile sales industry to turn things to their favor by making sure consumers have no voice.

Other articles on this bill: Vivian J. Paige
(Related) Bearing Drift

Farmville Forced To Change Unconstitutional Protest Laws

As a part of the story of the imminent immigrant detention facility in Farmville, the Town Council recently had to change its codes to reflect a constitutional right to protest. The ACLU had gotten involved, due to the confusion over the office in which to get a permit. When the group inquired about a permit with the town’s Police Chief, Stuart Dunnavant, they were told that his office had nothing to do with the issuance of a permit. He also stated that there was no process, and that the group would need to ask for a permit at the Town Council meeting or from the Town Manager. The town’s code clearly had stated that the Chief of Police would issue a permit.

The old codes included such features as no protesting by anyone over the age of 18; 10 feet of space between protesters; maximum size of signs carried by protesters; and an unreasonable and non-defined noise requirement. The ACLU of Virginia sent a letter to the town:

January 13, 2009

Farmville Town Council
116 North Main Street
Farmville, Virginia 23901

Dear Town Council Members:

I am writing to call your attention to several unconstitutional provisions of the Town Code pertaining to parades and demonstrations, and to ask that these provisions be repealed immediately.

First, Section 18-16 of the Code imposes a number of restrictions on demonstrators, and makes any violation a misdemeanor punishable by up to $500 in fines and up to six months in prison. Many of these restrictions violate protesters’ First Amendment right to freedom of expression. Specifically, the following restrictions are unconstitutional:

(a) All assemblies and picketing shall be peaceful and unattended by noise and boisterousness and there shall be no shouting, clapping or singing of such a nature as to disturb the peace and tranquility of the community.

(b) Marching shall be in single file and pickets or demonstrators shall be spaced a distance of not less than ten ( 10 ) feet apart. Not more than six ( 6 ) pickets shall picket or demonstrate before any given place of business or public facility.

(e) No person under the age of eighteen ( 18 ) years shall be permitted to march, picket or demonstrate in the town.

(g) No sign or any material other than cardboard or tabboard and no sign larger than twenty-four (24) inches by twenty-eight ( 28 ) inches shall be carried.

Second, some portions of Section 15-156, et seq., dealing with parade permits, are also unconstitutional. Specifically, the ordinance allows the police chief to deny a parade permit if he finds that “[t]he conduct of parade is [] reasonably likely to . . . provoke disorderly conduct or create a disturbance.” Sec. 15-159(5). Because it lacks concrete, objective standards section grants the police chief unfettered discretion to deny a permit. It also encourages the denial of permits based on the chief’s assessment that a particular parade is likely to be controversial or to attract counter-demonstrators. Such content-based decisions violate the First Amendment. See Forsyth County, Ga. v. Nationalist Movement, 505 U.S. 123 (1992).

Additionally, the ordinance requires that permit applications be submitted between 30 and 60 days before the planned event. Sec. 15-158 (1). A 30-day advance notice requirement makes it impossible for demonstrators to respond quickly to changing events. Thus, courts have frequently stricken advance notice requirements thirty, twenty, or even five days.

Because these ordinances are serious infringements on the First Amendment right to free speech, I ask that you take immediate steps to repeal or amend them. Should you wish to discuss the matter, please do not hesitate to call me at (804) 644-8022. Thank you for your attention to this matter.

Sincerely,
Rebecca K. Glenberg
Legal Director

Last week, as I mentioned, those changes were made. The Town reportedly modeled its ordinance on one in Charlottesville. The Police Chief got his own letter from the ACLU:

January 13, 2009

Stuart Dunnavant
Chief of Police
114 N Main St
Farmville, Virginia 23901

Dear Chief Dunnavant:

I am writing on behalf of Jeff Winder, a regional organizer for The People United. As you know, Mr. Winder’s organization seeks to hold a march in Farmville on March 7, 2009.

It is my understanding that you told Mr. Winder that there is no process for applying for a parade permit, and that his organization would have to seek permission from the Town Council or Town Manager. You are mistaken. Section 15-157 of the Farmville Town Code provides that “[n]o person shall engage in . . . any parade, unless a parade permit shall have been obtained by the chief of police.” Subsequent sections of the Code set forth the procedures for applying for such a permit. I have enclosed these code sections for your convenience.

Accordingly, I ask for your immediate written assurance that The People United will not be required to seek permission for its parade from the Town Manager or Town Council, and that you will act upon the organization’s permit application within three days of its filing, as set forth in Town Code Sec. 15-160.

Please be advised that the First Amendment prohibits you from denying the permit application based on the organization’s message, including any assessment that the parade might be “controversial” or likely to draw counter-protesters. See Forsyth County, Ga. v. Nationalist Movement, 505 U.S. 123 (1992).

Finally, Section 18-16 of the Town Code imposes a number of restrictions on participants in parades and demonstrations. Many of these restrictions violate protesters’ First Amendment right to freedom of expression. Specifically, the following restrictions are unconstitutional:

(a) All assemblies and picketing shall be peaceful and unattended by noise and boisterousness and there shall be no shouting, clapping or singing of such a nature as to disturb the peace and tranquility of the community.

(b) Marching shall be in single file and pickets or demonstrators shall be spaced a distance of not less than ten ( 10 ) feet apart. Not more than six ( 6 ) pickets shall picket or demonstrate before any given place of business or public facility.

(e) No person under the age of eighteen ( 18 ) years shall be permitted to march, picket or demonstrate in the town.

(g) No sign or any material other than cardboard or tabboard and no sign larger than twenty-four ( 24 ) inches by twenty-eight ( 28 ) inches shall be carried.

By separate letter to Town Council, I am asking that these unconstitutional restrictions be repealed forthwith. In the meantime, please provide written assurances that these restrictions will not be enforced against members of The People United or any other lawful demonstrators.

If appropriate assurances are not forthcoming, The People United will need time to review its legal options. Therefore, please respond by 2:00 p.m. on Wednesday, January 14, 2009. Should you have any questions, please do not hesitate to call me at (804) 644-8022. Thank you for your attention to this matter.

Sincerely,
Rebecca K. Glenberg
Legal Director

This is what people put up with in rural Virginia, and I would imagine, rural America. Unless we stand up to those who would take our rights, and those who would pervert those rights, we will be subject to the whims of those in power. Farmville is one example; how many can you think of?

Geo Group Contributions 2004-2008

Campaign Contributions from Geo Group:

$28,607 Kilgore for Governor – Jerry
$6,000 Colgan for Senate – Charles
$5,000 Howell for Delegate – William
$5,000 Kaine Inaugural Committee 2006
$5,000 Moving Virginia Forward
$3,500 Dominion Leadership Trust
$3,000 McDonnell for Attorney General – Bob
$3,000 Stolle for Senate – Kenneth
$2,000 Ruff for Senate – Frank
$1,500 Putney for Delegate – Lacey
$1,000 Abbitt for Delegate – Watkins
$1,000 Cox for Delegate – Kirkland
$1,000 Hamilton for Delegate – Phillip
$1,000 Hogan for Delegate – Clarke
$500 Carrico for Delegate – Charles
$500 Chichester for Senate – John
$500 Kilgore for Delegate – Terry
$500 Marshall for Delegate – Danny
$500 Norment for Senate – Thomas
$500 Sherwood for Delegate – Beverly

Source: VPAP.org

These Legislators Like Private Immigrant Prisons and Inhumane Treatment

They must, because they voted 22-0 to pass along a bill that permits employees of private prisons to train at a Commonwealth-funded training facility in Lynchburg. I have written about this before, in terms of the sponsor of this bill, Watkins Abbitt.

You will notice that none of the legislators live in this area, and will not be needlessly bothered by the typically inhumane treatment in our prisons, private or not.

The bill, HB2624, benefits the Geo Group, a company who specializes in private prison administration. Lack of medical care at their facilities has caused 2 riots in the last 70 days, (one facility) in Reeve County, Texas.

Clay Athey (R-18 )
William Barlow (D-64)
Danny Bowling (D-3)
Bill Carrico (R-5)
Ben Cline (R-24)
Todd Gilbert (R-15)
Morgan Griffith (R-8 )
Charniele Herring (D-46)
Bill Janis (R-56)
Terry Kilgore (R-1)
Lynwood Lewis (D-100)
Scott Lingamfelter (R-31)
Don Merricks (R-16)
Paula Miller (D-87)
Dave Nutter (R-7)
Charles Poindexter (R-9)
David Poisson (D-32)
Jim Scott (D-53)
Beverly Sherwood (R-29)
Jim Shuler (D-12)
Roslyn Tyler (D-75)
Tom Wright (R-61)

It doesn’t matter to me who is on this list, Democrat or Republican. This is a bad idea, and one that will allow this private immigration prison to go forward in Farmville. Shame on them, every one of them.

Virgil Goode’s Defenders Insult Tom Perriello

Freedom’s Defense Fund is bragging that it is the first to ‘hit’ freshman Democrat, Tom Perriello (D-Albemarle). In what has to be embarrassing to anyone who considers democracy the ideal we try to live up to, this organization is now, only a little over a month after Tom Perriello was sworn in, choosing to call names and deride the efforts to save the economy in this country.

“Mr. Perriello promised to fight for the Commonwealth of Virginia while running for Congress,” said Todd Zirkle, Executive Director of the Freedom’s Defense Fund. “In his first critical vote, he instead sided with liberals like Nancy Pelosi, sanctioning the wish list long-desired by radical special interests.”

Despite bi-partisan opposition, Perriello voted for the $819 billion “stimulus” package. The package contained billions for wasteful projects including: arts funding; food stamps; television coupons; and sexually transmitted disease education. The ads will air on Fox News, CNN and MSNBC on cable systems throughout Perriello’s Congressional district.

Todd Zirkle is a well-known hack in Republican circles. He was responsible for one of the most disgusting ads of the 2008 political cycle. Remember this ad criticizing Obama? This is the horrible, grainy, negative ‘god damn America’ advertisement. As a bonus when you join the FDF, you get Jerome Corsi’s totally inaccurate hit job on Obama last year. “Obamanation” was instantly derided, and the only reason it was a best seller is that right wing authors like Corsi and Coulter have their books bought up by groups like this. Then they spread the hate by giving the book away as a premium for membership in their hate-filled organization.

The group has an informal cooperative arrangement with Jerome Corsi, author of The Obama Nation, a book criticized for being a largely inaccurate, innuendo-filled anti-Obama hatchet job. F.D.F. donors are rewarded with a copy of the bestseller as a bonus. Source

More press about the ad last year:

From Jim Rutenberg at The New York Times

STERLING HEIGHTS, Mich. — Hundreds of times in the past three weeks, cable television viewers here have been the exclusive audience for two of the roughest advertisements of the political season.

One links Senator Barack Obama to the former mayor of Detroit, Kwame M. Kilpatrick, an African-American whose political career unraveled in scandal. The other features Mr. Obama’s former pastor, the Rev. Jeremiah A Wright Jr., also black, and his now infamous sermon marked by the words “God damn America.”

The advertisements, from a political action committee that is not connected to Senator John McCain’s presidential campaign, are running only here, in Macomb County, heavily populated by white, unionized auto workers, once considered “Reagan Democrats,” whose votes could largely determine which candidate wins Michigan, a state vital to both sides.

The advertisements point up the unusual nature of this year’s more potentially pernicious political attacks: They are not coming with the loud, nationally recognized cannon blast of the type launched by Swift Boat Veterans for Truth against Senator John Kerry in 2004, but, rather, as more stealthy, narrowly aimed rifle shots from smaller groups armed with incendiary material.

The claim of the FDF is that Tom isn’t being bipartisan enough. I am wondering what someone would call this ad then, a call for more ‘bipatisanship’?

The Rabid RepublicansTM do not want bipartisanship, they want to take the best offers and efforts of the current administration and then spit in the face of the other side. Sounds like schoolyard bully behavior to me.

Someone needs to ask Eric Cantor and/or Bob Goodlatte if they sign off on this kind of Republican message. After all, Eric has himself a leadership post in Congress now, so I imagine people would listen to his pleas for rational, thoughtful discussion of the issues.

Wait a minute….. nah, not going to happen.