Friday, February 10, 2006

27: "Clean out the Capital!"


Good friend Tim Potts is keeping the pressure on Pennsylvania Government. To go hand in hand with our call to the Attorney General to charge the thieves in the legislature who have not returned the money they are illegally keeping from last years now-repealed pay raise, Tim’s ‘Democracy Rising’ campaign has filed a request to the AG to investigate the alleged collusion that occurred between the three branches of government. Here is Tim Potts’ Democracy Rising Press Release, followed by a copy of the request to the Attorney General:

DR News February 9, 2006
tim@democracyrisngpa.com 717-243-8570
In this issue:
· Attorney General Investigation?
What Competition?
Ghost Voting Again
Faking Lobby Controls

Co-Founders Ask Corbett to Investigate Alleged Case-Fixing:

DR co-founders Kathleen Daugherty and Tim Potts yesterday asked PA Attorney General Tom Corbett to investigate allegations that in 1999 members of the state Supreme Court and members of the General Assembly negotiated the outcome of court cases in exchange for higher funding for the court system.

Former state Rep. Ed Krebs, R-Lebanon, made the allegations in a sworn affidavit submitted to the U.S. District Court for the Middle District of Pennsylvania. The affidavit supports a lawsuit brought by Common Cause Pennsylvania, the League of Women Voters of Pennsylvania and individual plaintiffs, including DR co-founder Tim Potts.

The lawsuit argues that Pennsylvania citizens are being denied due process and equal rights protections under the U.S. Constitution because of an ongoing pattern of secret negotiations between the state courts and the state legislature. It asks the federal court to rule that last years pay raise, which state officials have admitted was worked out by all three branches of the government behind closed doors, was unconstitutional.

The Krebs affidavit alleges that in a closed-door meeting of the House Republicans in June 1999, Republican leaders told members they should support a dramatic increase in funding for the courts, because there were two issues currently before the Pennsylvania Supreme Court, one concerning workers compensation legislation and the other concerning an increase in the state gasoline tax, about which the Republican leadership was very concerned. In reference to these two pending cases, [then] Majority Leader Perzel stated, We cannot afford to lose them.

Common Cause Executive Director Barry Kauffman also filed affidavits stating that Krebs' account was confirmed by two additional but anonymous members of the House Republican Caucus. For more about the lawsuit, email ccpa@dejazzd.com.

The DR letter to Corbett is attached.

Questions:
  • Will the attorney general investigate?
  • Were your lawmakers in office in 1999?
  • Did they attend the House Republican Caucus?
  • Were they aware of these allegations at the time?
  • Do your lawmakers agree that these allegations are important enough for the attorney general to investigate?
  • Will they publicly encourage the attorney general to do so?
Competition? What Competition?:

In 2002, only the Democrats provided the voters with a choice in the primary election for governor. With the withdrawal of Republican former Lt. Gov. William Scranton this week, the Republicans will still have a primary election. However, the only candidate to face Lynn Swann will be Jim Panyard, former head of the PA Manufacturers Association, who is not seeking the Republican endorsement and considers his candidacy a long shot.

But of the three remaining candidates Gov. Ed Rendell, Lynn Swann and Jim Panyard only Panyard has responded to the gubernatorial survey on integrity, a constitutional convention, and judicial appointments. The survey was authored by several statewide groups: DR, The League of Women Voters, Common Cause, PA Clean Sweep, the PA Council of Churches, Rock the Capital, Pennsylvanians for Legislator Accountability, and the Commonwealth Foundation.

Questions:
  • Do candidates believe that election laws should do more to encourage competition for public office? If so, what reforms are needed?
  • Why haven’t Rendell and Swann responded to the survey?
  • Now that the major candidates appear to have wrapped up their nominations, will they be more forthcoming about their views or less?

Ghost Voting Again:

On January 3, the only day of the year the Constitution requires members of the legislature to convene, the state House took 57 official actions on 26 bills with no lawmakers present but Speaker John Perzel, R-Phila. On February 1, the Senate took its turn by passing controversial legislation 42-3 when only 12 Senators were actually present. Senate rules permit proxy voting when senators are performing a legislative assignment outside of the Harrisburg area. However, no proxies were filed and the reason for most, if not all, of the absences was to attend the funeral of a fellow senators mother.

House rules also were violated, according to the Harrisburg Patriot, before the legislation passed 139-53. In the House, Rep. Steve Nickol, R-York, objected, saying that members had no chance to understand what they were doing because the language was inserted in the legislation the day before it was voted in both chambers.

Senate Majority Leader Chip Brightbill, R-Lebanon, told the Patriot, I feel comfortable with the process.

The decision of whether to bless this mess with his signature now rests with Gov. Rendell.

Questions:

  • How much money did the various organizations interested in this legislation direct to Sen. Brightbill and other lawmakers before the action on this bill?
  • What gifts did he receive?
  • What entertainment did he receive?
  • What campaign contributions did he receive?
  • When did these transactions occur?
  • Was legislation discussed?
  • Will Gov. Rendell veto the legislation and insist that lawmakers adhere to the Constitution and their own rules when passing legislation?
  • Will Gov. Rendell support the best lobby control law in America so that citizens can know as much as possible about the interests that are trying to influence government laws and decisions?

P.S.

Intends to protect executives and directors of Philadelphia-based Sovereign Bank from changes proposed by shareholders. Supporters say the bill protects jobs. Opponents, according to the Patriot, said the bill would weaken shareholder protections and could have the unintended consequence of making investors more reluctant to invest in companies here.

Faking Lobby Control:

House Speaker John Perzel on Tuesday predicted that Pennsylvania would have a new lobbyist control law by the end of June but refused to predict what would be in it. He did say, however, that he thinks the new law should be created by the same people who produced the pay raise. I will work closely with the governor, leaders of the House and Senate, and the Supreme Court to bring about Pennsylvania’s new Lobby Reform Law, Perzel said.

At the PA Newspaper Association conference last week, lawmakers from both the House and Senate downplayed expectations of true integrity in any new law, arguing that PA would have to take small steps for which they should get lavish praise rather than make the major improvements citizens want.

Comment:

When it comes to matters of integrity, the perfect is not the enemy of the good; it is the measure of the good. Mediocrity is the enemy of the good because it masquerades as the good.


Question:

  • Why can't any legislative leader bring himself or herself to call for the best lobby control law in America? (See http://www.publicintegrity.org/ )
  • Is it because they don’t want it, or because they just aren’t up to the job?

Tim Potts, Co-Founder, Democracy Rising PA

http://www.democracyrisingpa.com/

P.O. Box 618, Carlisle, PA 17013717-243-8570

If confirmed, this will expose the long-suspected dirty dealings of the Courts and the Legislature in Pennsylvania.

Here is the letter to the Attorney General of Pennsylvania, the Honorable Tom Corbett:

Hon. Tom Corbett, Attorney General of Pennsylvania
16th Floor, Strawberry Square
Harrisburg, PA 17120

Dear Attorney General Corbett:

On Monday, Common Cause of Pennsylvania, the League of Women Voters of Pennsylvania, and individual plaintiffs filed an amended complaint in the U.S. District Court for the Middle District of Pennsylvania (Civil Action No. 1:CV-05-2036). It was accompanied by several sworn affidavits, including one by former State Representative Edward G. Krebs of Lebanon County.


The complaint and its supporting affidavits allege that in 1999 members of the Pennsylvania General Assembly and members of the Supreme Court of Pennsylvania negotiated the outcome of cases then pending before the Supreme Court in exchange for increased funding of the court system. If true, these allegations evince a monumental corruption of our constitutional system of representative democracy that must be remedied as quickly and thoroughly as possible.

The cases decided at that time, involving workers’ compensation and the enactment of an increased gasoline tax, have had a substantial impact on all citizens of Pennsylvania and have served as legal precedents in subsequent cases. All of the decisions since 1999 that have relied on the cases alleged to have been improperly decided are suspect, therefore, as fruit of the poisonous tree and may have to be reconsidered.

Events since July 7, 2005, already have eroded public confidence in the independence of our udiciary. This latest allegation can only weaken public confidence further.

While the federal court considers whether to permit the Common Cause case to go forward, we believe it is imperative that you, as Pennsylvania’s highest-ranking law enforcement officer, begin an immediate investigation into whether any civil or criminal laws of the Commonwealth were violated and what appropriate legal action should be taken. Perhaps a special grand jury or special investigating commission is appropriate to make recommendations on this matter. In any event, it is worth taking extraordinary steps to ensure that any investigation is free from even the appearance of political interference.

Mr. Krebs’s affidavit alleges that revelations about improper negotiations between the legislative and judicial branches occurred during a closed meeting of the House Republican Caucus on or about June 15, 1999. Although it is unlikely that there is a record of attendance at this meeting, the universe of potential attendees is known and should provide opportunities for cooperation with an investigation of these allegations. The universe of Supreme Court justices and staff also is known.

If this were an act of kidnapping or some other notorious crime, we believe you would pursue it aggressively. Nothing can be more notorious and worthy of aggressive investigation than the kidnapping of the judicial system itself.
The citizens of Pennsylvania need someone they can trust to get to the bottom of this matter, to do what is necessary to restore public confidence in the impartiality of the courts, and to enforce the constitutional separation of powers. We urge you to accept this challenge.

Thank you for your consideration of this request.

Sincerely,


Timothy Potts, Co-Founder Kathleen Daugherty, Co-Founder

Great work Tim, and Kathleen! Oh, the tools that are available to the ordinary citizens of this Commonwealth! The current sack of…legislators and justices… have taken many of them away from us, but we still have some left. The Federal and State Constitutions allow the citizens to petition their government for a redress of grievances. Obviously, there are several methods, or remedies, available.

There do, however, seem to be more than enough grievances to go around.

Get involved. Stay active. Vote. Organize your friends, relatives, neighbors, and co-workers (be careful there!), and spread the word. Tell your friends about
Democracy Rising , and Operation Clean Sweep, Rock the Capital, Common Cause, and other grassroots organizations. Spread the word about this blog!

Do NOT accept this plutocratic form of government these miscreants have constructed for us.

Clean out the Capital!

THE CENTRIST

“Kick the hubris out of Harrisburg!” THE CENTRIST

"It is the duty of every citizen according to his best capacities to give validity to his convictions in political affairs. " Albert Einstein

Copyright © 2006:THE CENTRIST”. All Rights Reserved.

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