Wednesday, November 10, 2010

SPENCER BACHUS (R-AL) - ROLLING BACK DERIVATIVE RULES - LEGALIZED MONEY LAUNDERING


Spencer Bachus (R-Al) and Barney Frank (D-Ma)

Alabama Republican Representative Spencer Bachus is poised to take the gavel of the House Financial Services Committee from Massachusetts' Democrat Barney Frank. Front and center on Bachus' agenda is a rollback of the Derivatives Rules. from the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The problems I see with the new Derivatives Rules is that they don't go far enough. The Dodd-Frank Act limited the Securities and Exchange Commission's (SEC's) ability to make rules because they are specifically prohibited from, among other things, imposing reporting, recordkeeping, or disclosure requirements or other prophylactic measures designed to prevent fraud with respect to such agreements, according to SEC website: http://www.sec.gov/spotlight/dodd-frank/derivatives.

The Derivatives Markets was one of the major cancers of the global economic meltdown, from which we are still emerging. The problem was the rampant fraud in the derivatives market, and the Dodd-Frank law forbids the SEC from directly reigning in such fraud. The weak regulations imposed by Dodd-Frank should be strengthened. Bachus wants to roll them back!

During a hearing of the Financial Crisis Inquiry Commission, University of Maryland Law School Professor Michael Greenberger summarized the role of Derivatives and Derivative Markets regulation. You can read the remarks accompanying his testimony in full at the Commission's website: http://www.fcic.gov/hearings/pdfs/2010-0630-Greenberger.pdf

"By removing the multi-trillion dollar swaps market from the traditional norms of market regulation, a highly speculative derivative bubble was created that was opaque to federal regulators and market observers alike. By removing all forms of ensuring the normal capital adequacy protections of market regulation, the swaps market permitted trillions of dollars of financial commitments to be made with no assurance that those commitments could be fulfilled beyond the highly illusory AAA ratings of the counterparties in question.
The darkness of this huge multi-trillion dollar unregulated market not only caused, but substantially aggravated, the financial crisis. And, the American taxpayer funded the bailouts and rescued the economy from Depression. The banks are now stronger than ever. The taxpayer, however, is burdened by high unemployment, job insecurity, depleted pensions, and little access to credit. We are depending on this Commission to identify correctly the malpractices to ensure that a fiasco of this nature never happens again." 
The Dodd-Frank Act divides regulatory authority over swap agreements between the Commodities Futures Trading Commission (CFTC) and SEC (though the prudential regulators, such as the Federal Reserve Board, also have an important role in setting capital and margin for swap entities that are banks). The SEC has regulatory authority over “security-based swaps,” which are defined as swaps based on a single security or loan or a narrow-based group or index of securities (including any interest therein or the value thereof), or events relating to a single issuer or issuers of securities in a narrow-based security index. Security-based swaps are included within the definition of “security” under the Securities Exchange Act of 1934 and the Securities Act of 1933.

The Wall Street Journal reported Bachus as saying the Derivatives Rules are "one of the job-killing provisions of Dodd-Frank that needs to be addressed," the Alabama Republican said in an interview Wednesday morning, calling the provisions "overly expansive. Mr. Bachus said the new derivatives rules, which will require most routine swaps to be traded on exchanges and routed through clearing houses, will redirect as much as $1 trillion from the U.S. economy, draining capital from the financial system that could be used for loans or job creation." The full article is on the WSJ website: http://online.wsj.com/article/SB10001424052748703506904575592273267530084.html?mod=googlenews_wsj.

The timetable for implementation of the Derivatives Rules are reported on the SEC website. They are:

"Implementation: There are approximately 28 rulemakings under Title VII alone, although some of these rulemakings may be combined. Most rulemakings are required to be completed within 360 days of enactment (by July 15, 2011). There are two exceptions:

By October 18, 2010 (90 days after enactment), the SEC must adopt interim final rules for reporting outstanding security-based swaps entered into prior to the date of enactment to security-based swap data repositories or the SEC; and

By January 17, 2011 (180 days after enactment), the SEC must adopt rules to mitigate conflicts of interest at clearing agencies, swap execution facilities, and exchanges.

In addition, the CFTC and SEC are required to act jointly to define key definitional terms relating to jurisdiction (such as swap, security-based swap, and security-based swap agreement) and market intermediaries (such as swap and security-based swap dealers and major swap and security-based swap participants), as well as adopt joint regulations regarding mixed swaps and prescribe requirements for trade repository recordkeeping, and books and records requirements for swap entities, related to security-based swap agreements. The SEC is required to consult with the CFTC and the Federal Reserve Board in the non-joint rulemakings (and with the other prudential regulators on capital and margin rules). The CFTC, SEC and U.S. prudential regulators also are consulting with foreign regulatory authorities on the establishment of consistent international standards with respect to products and entities in this area."
The interim rules mandated by the October 18th deadline can be found online at http://www.sec.gov/rules/interim/2010/34-63094.pdf. Comments on these interim rules may directed to the SEC at http://www.sec.gov/rules/final.shtml or by email to rule-comments@sec.gov. or by using the Federal eRulemaking Portal at http://www.regulations.gov.

Republican Ed. Royce of Fullerton, California has launched a challenge to Bachus over the Chairmanship of the House Financial Services Committee. The Los Angeles Times reported that a concern motivating Royce is that Bachus is better known for doling out surplus campaign cash to other Republican candidates for Congress than he is at the fine art of debate. Debate will be important when going head to head with Barney Frank in any attempt to roll back provisions of Dodd-Frank. The Los Angeles Times article is found at http://articles.latimes.com/2010/nov/08/business/la-fi-finance-panel-fight-20101109.

OpenSecrets.org reported at http://www.opensecrets.org/news/2010/11/wall-streets-double-standard-whats.html that "Bachus represents the Alabama’s 8th Congressional District and ran unopposed in the 2010 midterm elections. Still, his campaign committee raised $1.3 million and spent $1.5 million in the 2010 election cycle. Meanwhile, his leadership PAC, the Growth and Prosperity PAC, raised and spent the least since 2006. Still, with about $663,000 in the PAC account, Bauchus was able to give sizable donations to more than 70 candidates, including $15,000 to self-proclaimed political outsider Tim Burns, who this year twice ran to represent Pennsylvania’s 12th Congressional District (he got 49% of the vote Tuesday, but still lost to Democratic incumbent Rep. Mark Critz, who beat him during a special election in May), $10,000 to Rep. Roy Blunt (R-Mo.) in his successful quest for a U.S. Senate seat and $5,000 to Sen. Richard Shelby (R-Ala.).  More than $1 million in contributions to Bachus' leadership PAC and campaign committee have come from PACs and individuals in the financial and real estate sectors," (emphasis added).

I've said it before and I'll say it again, campaign finance is legalized money laundering. Spencer Bachus is playing the same legalized money laundering game as Lynn Jenkins and they are each on the Financial Services Committee.  They run against little to no competition, raise more money than they need for their races, use the surplus cash from their campaign committees as a slush fund for other candidates, and take huge chunks of that campaign money from those over whom they have regulatory or oversight authority.  The special interest money flows to and through them to other candidates.  The voters have no idea who is really supporting whom as campaigns are converted into well financed Tsunami's of propaganda.  I've said it before and I'll say it again, campaign finance is legalized money laundering.

Tuesday, November 9, 2010

THE CASE AGAINST LYNN JENKINS CHAPTER 50 - IF IT WASN'T POLITICS IT WOULD BE MONEY LAUNDERING

This is Lynn Jenkins, she does not represent us

The Center for Responsive Politics' OpenSecrets.org has a page dedicated to Mystery PACs. The type of Political Action Committee comes about from a surplus of campaign cash. A politician moves money into "separate pot of money to help other politicians," according to OpenSecrets.org.

Lynn Jenkins seems to be getting close to the point where she will have her own Mystery PAC. Her campaign donated money, ostensibly raised to assure her reelection, to other candidates. Here's the list as of today, courtesy of OpenSecrets.org at http://www.opensecrets.org/politicians/expend.php?cycle=2010&cid=N00029077&type=I.

Ann Marie Buerkle for Congress, Syracuse, NY................ $1,000.
Bachus For Congress Cmte, Birmingham, AL.....................$1,371.
Bass Victory Cmte, Concord, NH.......................................$1,000.
Benishek for Congress, Crystal Falls, MI.............................$1,000.
Steve Chabot (R-OH).........................................................$1,000.
Charlie Dent for Congress, Allentown, PA..........................$2,000.
Diane Black for Congress, GALLATIN, TN .......................$1,000.
Djou For Hawaii, HONOLULU, HI.................................... $2,500.
Duffy for Congress, Ashland, WI....................................... $1,000.
Steve Fincher (R-elect-TN) ............................................... $1,000.
Friends of Dave Reichert, Bellevue, WA............................ $2,000.
Friends of David Harmer, ELK GROVE, CA..................... $1,000.
Friends of Joe Heck, Las Vegas, NV................................. $1,000.
Huizenga for Congress, ZEELAND, MI............................ $1,000.
Jaime Herrera for Congress, RIDGEFIELD, WA................$2,000.
Jim Gerlach for Congress Cmte, Uwchland, PA..................$2,000.
Joseph Cao for Congress, NEW ORLEANS, LA.................$2,000.
Justin Amash for Congress, GRAND RAPIDS, MI..............$1,000.
Kansans for Huelskamp, Fowler, KS................................. $1,000.
Ken Calvert for Congress Cmte, Riverside, CA....................$1,000.
Kristi for Congress, SIOUX FALLS, SD..............................$2,000.
Lee Terry for Congress, Omaha, NE...................................$2,000.
Lungren for Congress, Elk Grove, CA..................................$2,000.
Martha Roby For Congress, Montgomery, AL......................$2,000.
Mary Bono Mack Cmte, Palm Springs, CA...........................$2,000.
Morgan Griffith ... Congress, CHRISTIANSBURG, VA.........$2,000.
National Republican Congressional Cmte, WASHINGTON....$185,033
Pompeo for Congress, WICHITA, KS ..................................$2,000.
Rick Crawford for Congress, CEDARTOWN, GA................$1,000.
Robert Hurt for Congress, CHATHAM, VA.........................$2,000.
Sandy Adams for Congress, ORLANDO, FL........................$1,000.
Southerland for Congress, LYNN HAVEN, FL....................$1,000.
Tiberi for Congress, Columbus, OH.....................................$2,000.
Tim Burns For Congress, EIGHTY FOUR, PA.....................$500.
Vicky Hartzler for Congress, HARRISONVILLE, MO.........$1,000.
Walberg for Congress, Tipton, MI........................................$1,000.
Waorski for Congress, Mishawaka, IN.................................$1,000.
Yoder for Congress, OVERLAND PARK, KS.....................$2,000.

There was also for $209 to California Republican Kevin McCarthy was for a PDA device, that' a personal digital assistant for those not in the know. I guess the Radio Shack was closed so Jenkins bought the PDA from McCarthy. Lynn Jenkins spent $237,404 contributed to her campaign on other Republican Candidates. I'd like to suggest that the new Mystery PAC is the candidates' campaign committees.

Cheryl Hudspeth raised $12,075 while Lynn Jenkins gave other Republican candidates for Congress $237,404. I've said it before and I'll say it again campaign finance is legalized money laundering. When Jenkins can funnel more than a quarter of her campaign committee's expenditures to other candidates then there is no accountability. Voters in those other districts don't know where all this money comes from.

The really rich folks that Lynn Jenkins serves, like Kansas' homegrown tycoons - the Koch Brothers, can and have directed their Koch Industries Political Action Committee to give Jenkins $5,000 and then the Koch Cash gets distributed to other Political Action Committees. That was another $40,000, of which Jenkins took $35,500. Now Jenkins is turning around and spreading cash on Republican candidates like farmers spread manure over fields. Everyone's hoping something will grow.

Now Jenkins is urging that the Koch brothers, and others in the top 2% of American taxpayers The Washington Post is reporting that this cockamamie plan, which Jenkins supports, will add $36 Billion to the deficit next year.  The price tag for the Fat Cat's Boondoggle will be $700 billion over ten years, according to President Obama, as reported by Reuters. Looks like the legalized money laundering may just be in the rinse cycle.

Monday, November 8, 2010

A PRIVATE BILL in the 111th CONGRESS

Recall the language of the First Amendment. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (emphasis added). One manner of petitioning the Government for a redress of a grievance is to find a legislator who will file a private bill on a person's behalf. Today's blog looks at one private bill filed during the 111th Congress.

H.R. 798 is a private bill "For the Relief of Adrian Rodriguez". Rodriguez is an American citizen whose wife, Ali Jazmin Rodriguez, also an American citizen did something very legal. Mrs. Rodriguez bought a car which United States Customs and Border Protection seized because it was used to bring illegal drugs into America. Customs and Border Protection found 33 pounds of marijuana in the vehicle.

The car needed some repair work, it was making a strange sound. Mr. Rodriguez took that car from his home in San Diego to a mechanic in Tijuana. When the mechanic discovered illegal drugs, another 33 pounds of marijuana, in the car he and Rodriguez called the police. For being a good American citizen and reporting the contraband to Mexican authorities Mr. Rodriguez was rewarded with a month in a Mexican jail and his car was siezed by Mexico.

A Mexican judge decided that Mr. Rodriguez had nothing to gain by reporting those discovered illegal drugs to Mexican police. Mr. Rodriguez was set free. He returned home and sued the United States and the private auction service which conducted the sale. The Rodriguez suit in Federal District Court was probably made moot by a recent decision by the United States Supreme Court in the case of Sosa v. Alvarez-Machain.

The Drug Enforcement Agency (DEA) approved using Jose Francisco Sosa, a Mexican national, along with other Mexicans to abduct Humberto Alvarez-Machain from Mexico so that he could be brought to the United States to stand trial for the kidnapping, torture, and murder of a DEA agent. Mexico refused to extradite Machain. Machain was acquitted of those charges and sued the United States for False Arrest under the Federal Tort Claims Act (FTCA), The FTCA waives sovereign immunity “for … personal injury … caused by the negligent or wrongful act or omission of any [Government] employee while acting within the scope of his office or employment,” 28 U.S.C. § 1346(b)(1). Machain sued Sosa for violating the law of nations under the Alien Tort statute, (ATS). The ATS is a 1789 law. Section 1350 of the ATS gives Federal District Courts "original jurisdictions of any civil action by an alien for a tort only, committed in violation of the law of nations.”

The District Court dismissed Machain's FTCA claim but awarded him summary judgment and damages on the ATS claim. The Ninth Circuit Court of Appeals affirmed the ATS judgment but reversed FTCA claims dismissal.

Associate Justice Souter delivered the opinion of the Court. Three concurring opinions were filed by Associate Justices Scalia, Ginsburg, and Breyer. The Court held that 1) The FTCA’s exception to waiver of sovereign immunity for claims “arising in a foreign country,” 28 U.S.C. § 2680(k), bars claims based on any injury suffered in a foreign country, regardless of where the tortious act or omission occurred. The Court's abbreviated summary said:
The FTCA exception on its face seems plainly applicable to the facts of this case. Alvarez’s arrest was said to be “false,” and thus tortious, only because, and only to the extent that, it took place and endured in Mexico. Nonetheless, the Ninth Circuit allowed the action to proceed under what is known as the “headquarters doctrine,” concluding that, because Alvarez’s abduction was the direct result of wrongful planning and direction by DEA agents in California, his claim did not “aris[e] in” a foreign country. Because it will virtually always be possible to assert negligent activity occurring in the United States, such analysis must be viewed with skepticism. Two considerations confirm this Court’s skepticism and lead it to reject the headquarters doctrine.

The first consideration applies to cases like this one, where harm was arguably caused both by action in the foreign country and planning in the United States. Proximate cause is necessary to connect the domestic breach of duty with the action in the foreign country, for the headquarters’ behavior must be sufficiently close to the ultimate injury, and sufficiently important in producing it, to make it reasonable to follow liability back to that behavior. A proximate cause connection is not itself sufficient to bar the foreign country exception’s application, since a given proximate cause may not be the harm’s exclusive proximate cause. Here, for example, assuming the DEA officials’ direction was a proximate cause of the abduction, so were the actions of Sosa and others in Mexico. Thus, at most, recognition of additional domestic causation leaves an open question whether the exception applies to Alvarez’s claim.

The second consideration is rooted in the fact that the harm occurred on foreign soil. There is good reason to think that Congress understood a claim “arising in” a foreign country to be a claim for injury or harm occurring in that country. This was the common usage of “arising under” in contemporary state borrowing statutes used to determine which State’s limitations statute applied in cases with transjurisdictional facts. And such language was interpreted in tort cases in just the same way that the Court reads the FTCA today. Moreover, there is specific reason to believe that using “arising in” to refer to place of harm was central to the foreign country exception’s object. Congress did not write the exception to apply when foreign law would be applied. Rather, the exception was written at a time when “arising in” meant where the harm occurred; and the odds are that Congress meant simply that when it used the phrase.The District Court dismissed all of the tort claims raised by Mr. and Mrs. Rodriguez, but granted them leave to amend their claim under the Tucker Act, which they did combined with a motion to transfer the case to the United States Court of Claims. When you get no relief from the Federal District Court you go to the United States Court of Federal Claims.
So Mr. Rodriguez finds no help in the Federal District Court, although his attorney did argue that Customs and Border Protections were operating under a profit motive and outside the scope of their duty.  Mr. Rodriguez's lawyer filed depositions that Customs and Border Protections became aware of problems with vehicles being sold with illegal contraband still on board.
The Tucker Act, 28 U.S.C. §1941, provides that persons may sue to resolve claims arising from express or implied contract terms, where the United States is a party to the contract, and that if the amount in question is under $10,000 the party can elect to sue in District Court or the Court of Claims, but where the amount in dispute exceeds $10,000 jurisdiction lies with the Court of Claims.

Mr. Rodriguez was not a party to the contract. His wife bought the car and his name was not on the contract. Mr. Rodriguez was kicked out of the United States Court of Claims. So where do you go when you cannot get justice from the courts? You go to the Congress and ask for a private bill. That's just what Mr. Rodriguez did. Democratic Representative Bob Filner, Chairman of the House Committee on Veteran Affairs introduced H.R. 798. The bill was sent to the House Judiciary Committee on February 3, 2009 and has been collecting dust since February 20, 2009 with the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.



Sunday, November 7, 2010

Isaac Newton "Ike" Skelton - was the best damn Congressman I ever had

Ike Skelton


I am 61 years old. During my life Missouri's Fourth Congressional District has been served by only three persons. George Christopher, William J. "Bill" Randall, and Isaac Newton "Ike" Skelton, IV.


George H. Christopher

George Christopher, who was born on a farm near Butler, Missouri, started his Congressional career representing Missouri's Sixth Congressional District, January 3, 1949-January 3, 1951, and ended in the Fourth, January 3, 1955 - January 23, 1959. George Christopher term ended with his death. The seat was vacant until March 3, 1959.


Jackson County Eatern District Judgde Bill Randall speaking at 1949 event unveiling a statue of county namesake Andrew Jackson

Bill Randall, an attorney and WWII veteran, was elected to Congress succeeding Christopher. From 1947 to 1959 Randall served as a Jackson County Judge. Despite the judicial appellation, Randall did not sit on the bench of Missouri's Sixteenth Judicial Circuit. In those days Jackson County, Missouri was run by a three person "court". Harry Truman served as Presiding Judge of this Executive Branch of Jackson County government from 1927 through 1934. Randall was an ally of President Truman. Randall served on the Armed Services Committee and was the first Chairman on the Select Committee on Aging. Bill Randall was in the Congress from 1959 to 1977 when he retired. I vividly remember a large billboard just east of Knobtown along what was then U.S.50 Highway urging the retention of Bill Randall in Congress. It stayed there for years! Bill Randall returned home to his law practice. He died in 2000.

"Ike" Skelton IV became a Congressman following Bill Randall's retirement. Ike hails from Lexington, Missouri. It is a small town, by big city standards, but large in history from any perspective. Ike's father met Jackson County's Presiding Judge Harry Truman in 1928, the two became friends. Ike attended President Truman's inauguration in January 20, 1949, Ike was 17, I was two months and a day old.

Ike was an Eagle Scout. He attended Lexington's Wentworth Military Academy, the oldest Military Academy west of the Mississippi River, where he earned his A.B. degree. Then Ike matriculated to Missouri's big school, MU. Ike graduated with an L.L.B. degree, they don't give those out anymore (now you have to earn a juris doctor or J.D.). Ike also attended Scotland's University of Edinburgh.

Skelton came home to practice law in Lexington. He ended up serving as Lafayette County's Prosecuting Attorney before his six year career as a State Senator. Ike Skelton became Missouri's Fourth District Representative to Congress in 1977.

Ike Skelton is a lot more conservative than me. That's okay with me. I have been represented in Congress by Democrats and Republicans from three states. My representatives included a House historian, Democrat Richard C. "Dick" Bolling; a conservative Republican stalwart and used car salesman, Gene Taylor; the poster boy for governmental penny pinching, Republican Jeff Flake; and the worst example of a corporate shill serving Wall Street rather than Main Street, the non-caring about anything but herself, Republican and Tea Party Caucus member Lynn Jenkins. Prior to Jenkins was Nancy Boyda the Republican turned Democrat turned defeated Congresswoman who was never hot or cold in staking out her partisan territory . Like the scripture suggests, voters rejected the lukewarm Boyda two years ago after her single term.

I never had better representation in Congress than I did by the good work and steady effort of Ike Skelton. Even after I left the district I believed Skelton's service to West Central Missouri bode well for America. I rested a bit easier each night because Ike was on the job.

In the outlandish and highly distorted campaign reports of Ike's voting record naught was said of how the bills he produced were passed by overwhelming bipartisan majorities. The debates on those bill were marked by effusive politeness and cordiality. I never saw any of the harsh rancor and name calling associated with the work of the Congress Chairman Skelton rose.

If Vicky Hartzler turns out to be a Lynn Jenkins clone then all the worse for America, Missouri, members of our Armed Services, veterans, and all who want the gridlock brought to a halt. We will feel the loss of Ike Skelton in Congress. Wall Street Fat Cats and special interests are the winners if Hartzler follows the Jenkins path. All I can say to my friends from Lexington to Lebanon is follow the money and turn FOX Propaganda off.

Ike Skelton was the best damn Congressman I ever had.





Friday, November 5, 2010

An Open Letter to Keith Olbermann upon the occaision of your suspension

Dear Keith Olbermann,

Apparently you are not permitted to both exercise your First Amendment rights at work and in your personal life. Apparently you should have given at the office. General Electric, the parent company of MSNBC, which suspended you for your less than maximum legal donations to Jack Conway, Raul Grijalva and Gabrielle Giffords.

General Electric Affiliates have been more than generous to political candidates this year and in years past. Mr. Olbermann, of all the money donated by GE Affiliates not a dime came from a corporate Political Action Committee. The money came from persons like you, employees. Here's the rundown for 2010.

CNBC gave Democrats $750.00
GE Aircraft Engines gave $2,750, $500 to Democrats, and $2,250 to Republicans
GE Appliances gave Democrats $2,400.
GE Asset Management gave $4,950, $3,950 to Democrats, and $1,000 to Republicans.
GE Aviation gave $12,750, $8,750 to Democrats, and $4,000 to Republicans.
GE Capital gave $93,328, $32,738 to Democrats, and $60,590 to Republicans.
GE Capital Aviation Services gave $1,000 to Republicans.
GE Commercial Finance gave $24,200, $12,300 to Democrats, and $11,900 to Republicans.
GE Financial Assurance gave $4,800 to Democrats.
GE Insurance gave $2,500 to Republicans.
GE Money gave $3,000, $1,000 to Democrats, and $2,000 to Republicans.
GE Plastics gave $1,000 to Democrats
GE Power Systems gave $3,400 to Republicans.
GE Security gave $2,900 to Democrats.
GE Transportation Systems gave $2,000 to Democrats.
General Electric Capital gave $250 to Republicans.
NBC gave $9,650, $5,750 to Democrats, and $3,900 to Republicans.
NBC Productions gave $400 to Democrats.
NBC Sports gave $500 to Democrats.
NBC Studios gave $250 to Democrats.
NBC Universal gave $72,300, $64,800 to Democrats, and $7,500 to Republicans.
Universal Orlando gave $3,385, $3,135 to Democrats, and $250 to Republicans.
Universal Pictures gave $5,400, $4,900 to Democrats, and $500 to Republicans.
Universal Studios gave $89,000, $87,000 to Democrats, and $2,000 to Republicans.
Sure, Mr. Olbermann, I know you're going to lament that you erred in being the only MSNBC employee to do the civic thing and give to candidates you think will best serve the nation. But come on Keith, that's only true of 2010. In 2008 someone at MSNBC Cable gave $2,250 to Democrats and someone at MSNBC.COM gave $3,000 to Democrats. So, since it has been done before, I am sure that MSNBC has a form somewhere that an employee must submit to get approval for making private political donations.

So how does that work anyway, you can only make campaign contributions when the ruling junta at NBC/General Electric says it is okay? If the ruling junta controls your ability to make the contribution, then shouldn't they disclose when permission is not granted?

I mean, it's not like you pulled a Juan Williams, and went on a nationally syndicated television show and made mention of your contributions. I'll still watch Rachel, Ed, Dylan, and Chris. I'll be waiting for you to return, either to MSNBC or another venue.

Oh, and I am guessing that the Phil Griffin that served notice on you is not the same Phil Griffin who gave $250 to the Republican Party of Virginia.

Respectfully,
Michael S. Box
Osawatomie, Kansas

p.s.  The Center for Responsive Politics' OpenSecrets.Org provided the data for this letter.



Wednesday, November 3, 2010

THE CASE AGAINST LYNN JENKINS CHAPTER 49 - FOLLOWING THE CAMPAIGN CASH

In any other line of work money donated to Congressional campaign committees would be investigated for money laundering. You'd think that funds donated to one candidate or another would be used to elect that candidate. That's not necessarily the case.

Evan Bayh , the retiring United States Senator, and the man who would be Indiana's next governor left the Senate with $10 million in his war chest. Bayh is being chided by other Democrats for not using any of that money to help the struggling campaigns of other Senate Democrats. That includes newly defeated Indiana Democrat Brad Ellsworth who lost to the old school, D.C. insider, Senator elect Dan Coats.

Lynn Jenkins was re-elected for a second term. Jenkins hauled in more than a million dollars and spent over three quarters of a million dollars. You don't have to be a C.P.A. to know she didn't spend that money getting herself a second term. Much of that money went to other candidates.

Remember the Koch brothers? They are the home grown Kansas tycoons who funneled $35,500 to Jenkins. They, and by "they" I mean their Political Action Committee (PAC) made a direct donation of $5,000 to Jenkins. Then they gave another $40,000 to a handful of other PACs who in turn gave Jenkins $30,500. Now those funds are all mingled in with her campaign committee's general fund and money from that account was shipped out to other Republican candidates.

The Center for Responsive Politics' OpenSecrets.org tell us where Lynn Jenkins campaign committee spent all that money. The link is at http://www.opensecrets.org/politicians/expend.php?cid=N00029077&cycle=2010&page=1. Follow the links on the OpenSecrets page to learn more about the disbursements. To read the chart below understand that 3 Dog Consulting was the recipient, they got $63,639 made in twenty disbursements.

Recipient Total No. of Disbursements
3 Dog Consulting, Alexandria, VA $63,639 20
701 Restaurant, Washington, DC $823 1
Acadiana, Washington, DC $2,056 2
American Resort Development Assn PAC (Arda-Pac), W $650 1
Ann Marie Buerkle for Congress, Syracuse, NY $1,000 1
At&T Inc Federal PAC (At&T Federal Pac), San Anton $5,000 1
AT&T Inc, Carol Stream, IL $319 7
Bachus For Congress Cmte, Birmingham, AL $1,371 2
Bass Victory Cmte, Concord, NH $1,000 1
Benishek for Congress, Crystal Falls, MI $1,000 1
Best Buy, Topeka, KS $624 3
Brock, Ken, Pittsburg, KS $1,032 1
Capitol City Office Products, Topeka, KS $48 1
Capitol Hill Club, Washington, DC $12,334 14
Capitol Hill Lists, Athens, GA $914 1
Capitol Plaza Hotel, Topeka, KS $1,071 4
Chabot, Steve, Cincinnati, OH $1,000 1
Charlie Dent for Congress, Allentown, PA $2,000 2
Chatterbuild Strategies, Topeka, KS $4,000 7
City of Topeka, KS, Topeka, KS $192 4
Daniels, Janet, Manhattan, KS $673 1
Delta Airlines, Atlanta, GA $363 1
Diane Black for Congress, GALLATIN, TN $1,000 1
Dillons, Topeka, KS $94 7
Djou For Hawaii, HONOLULU, HI $2,500 3
Douglas, Scott, Alexandria, VA $2,717 1
Dublin Group, Overland Park, KS $15,673 7
Duffy for Congress, Ashland, WI $1,000 1
Electionmall Technologies, Washington, DC $2,009 16
Embroidery Plus, Topeka, KS $403 3
Fedex Corp, Topeka, KS $1,362 18
Fincher, Steve, JACKSON, TN $1,000 1
Friends of Dave Reichert, Bellevue, WA $2,000 2
Friends of David Harmer, ELK GROVE, CA $1,000 1
Friends of Joe Heck, Las Vegas, NV $1,000 1
Fundraising By Net, Washington, DC $1,813 22
Google Ads, Mountain View, CA $336 2
Grasser, Somer, Topeka, KS $10,300 19
GSL Web Services, Tampa, FL $5,674 9
Hebenstreit, James, Mission Hills, KS $2,400 1
Holmes & Assoc, Topeka, KS $625 2
Huizenga for Congress, ZEELAND, MI $1,000 1
Ink Jet Superstore.Com, Los Angeles, CA $207 1
Internal Revenue Service, Ogden, UT $20,695 14
INTRUST Bank, Topeka, KS $2,943 16
Jaime Herrera for Congress, RIDGEFIELD, WA $2,000 2
Jefferson County Republican Central Cmte, Perry, K $400 1
Jefferson Street Apartments, Topeka, KS $7,150 6
Jenkins, Lynn, Topeka, KS $103,650 17
Jim Gerlach for Congress Cmte, Uwchland, PA $2,000 2
Johnny'S Half Shell, Washington, DC $634 1
Joseph Cao for Congress, NEW ORLEANS, LA $2,000 2
Justin Amash for Congress, GRAND RAPIDS, MI $1,000 1
Kansans for Huelskamp, Fowler, KS $1,000 1
Kansas Day Club, Wichita, KS $100 1
Kansas Employment Security Fund, Topeka, KS $983 2
Kansas Gas Service, Kansas City, MO $619 6
Kansas Republican Party, Topeka, KS $1,025 2
Kansas Withholding Tax, Topeka, KS $2,002 2
Ken Calvert for Congress Cmte, Riverside, CA $1,000 1
Kevin Mccarthy For Congress, Bakersfield, CA $209 1
Kinkos Inc, Topeka, KS $87 3
Koupal, Carl, Topeka, KS $218 1
Kristi for Congress, SIOUX FALLS, SD $2,000 2
L&M Promotions, Washington, DC $5,000 1
Lauren, Hoover, Manhattan, KS $913 2
Lee Terry for Congress, Omaha, NE $2,000 2
Leopold, Patrick, Lawrence, KS $1,308 7
Lewis, Joshua, St John, KS $21,202 7
Lindemuth Inc, Topeka, KS $5,250 6
Lungren for Congress, Elk Grove, CA $2,000 2
Martha Roby For Congress, Montgomery, AL $2,000 2
Mary Bono Mack Cmte, Palm Springs, CA $1,000 1
McElhaney, Jere, Overbrook, KS $538 1
Mileage Reimbursement, Topeka, KS $5,853 11
Miller, Hogan, Overland Park, KS $8,186 5
Morgan Griffith for Congress, CHRISTIANSBURG, VA $1,000 1
Morris County Republican Cmte, Council Grove, KS $500 1
National Republican Congressional Cmte, WASHINGTON $185,033 4
Ncci, Boca Raton, FL $834 1
Occasions Caterers, Alexandria, VA $406 1
Office Depot, Topeka, KS $114 1
OfficeMax Inc, Topeka, KS $458 13
Oread, Lawrence, KS $859 1
Paypal Inc, Omaha, NE $1,582 17
Political Ink, Alexandria, VA $7,215 2
Pompeo for Congress, WICHITA, KS $2,000 2
Postmaster, Topeka, KS $10,063 32
Pottawatomie County Republican Central Cmte, Westm $1,250 1
Premium Graphicx, Houston, TX $10,981 2
Pro Print, Topeka, KS $6,354 15
Public Storage, Topeka, KS $685 12
Rice County Republican Central Cmte, Lyons, KS $100 1
Rick Crawford for Congress, CEDARTOWN, GA $1,000 1
Robert Hurt for Congress, CHATHAM, VA $2,000 1
Roe, Bill, Atchison, KS $2,116 2
Roe, William, Topeka, KS $4,338 4
Rupli, Tim, Washington, DC $1,000 1
Ruth'S Chris, Washington, DC $6,515 4
Salientpoint Llc, Boston, MA $2,163 1
Sandy Adams for Congress, ORLANDO, FL $1,000 1
Second District Kansas Republican Party, Parker, K $500 1
Secretary of State Of Kansas, Topeka, KS $1,760 1
Southerland for Congress, LYNN HAVEN, FL $1,000 1
Sprint Nextel, Dallas, TX $1,087 10
Srcpmedia, Alexandria, VA $17,402 1
St Germain Caterers, Vienna, VA $309 1
State of Kansas, Topeka, KS $2,467 2
Targeted Creative Communications, Alexandria, VA $144,121 4
Tarrance Group, Alexandria, VA $12,891 2
Taste Catering, Alexandria, VA $1,896 4
Telthorst & Assoc, Topeka, KS $1,799 2
Telthorst & Associates, LLC, Topeka, KS $3,200 1
Theodore, Alexandria, VA $4,709 1
Tiberi for Congress, Columbus, OH $2,000 2
Tim Burns For Congress, EIGHTY FOUR, PA $500 1
Torrey, Michael, Arlington, VA $1,000 1
Verizon Wireless, Basking Ridge, NJ $365 3
Vicky Hartzler for Congress, HARRISONVILLE, MO $1,000 1
Vision Screen Printing, Greenville, SC $736 3
Vista Print Usa, Lexington, MA $1,771 3
Walberg for Congress, Tipton, MI $1,000 1
Walorski for Congress, Mishawaka, IN $1,000 1
Westar Energy, Wichita, KS $551 2
Wiland Direct, Longmont, CO $375 1
Willard Hotel, Washington, DC $271 1
Wish List, The, Alexandria, VA $327 1
Woodson County Republican Central Cmte, Yates Cent $100 1
Yoder for Congress, OVERLAND PARK, KS $2,000  2
Here is the expense summary for the money the committee disbursed to Lynn Jenkins.

Recipient Amount Date Description

Jenkins, Lynn, Topeka, KS $418 September 10, 2009 Airfare Refund
Jenkins, Lynn, Topeka, KS $100 February 18, 2009 cell phone expense reimbursement
Jenkins, Lynn, Topeka, KS $400 June 26, 2010 Cell phone Reimbursement
Jenkins, Lynn, Topeka, KS $200 December 07, 2009 Cell Phone Reimbursement Oct-Nov
Jenkins, Lynn, Topeka, KS $232 February 18, 2009 Debt repayment to candidate
Jenkins, Lynn, Topeka, KS $21,000 January 30, 2009 Debt repayment to candidate
Jenkins, Lynn, Topeka, KS $80,000 January 01, 2009 Debt repayment to candidate
Jenkins, Lynn, Topeka, KS $129 October 15, 2009 Mileage and Cell Phone Reimbursement
Jenkins, Lynn, Topeka, KS $251 January 01, 2009 Mileage reimbursement
Jenkins, Lynn, Topeka, KS $67 February 27, 2009 Personal mileage to/from KC
Jenkins, Lynn, Topeka, KS $400 August 05, 2009 Phone Bill (4 Month)
Jenkins, Lynn, Topeka, KS $100 September 26, 2010 Phone Reimbursement
Jenkins, Lynn, Topeka, KS $100 July 28, 2010 Reimbursement Phone
Jenkins, Lynn, Topeka, KS $100 August 26, 2010 Reimbursement Phone
Jenkins, Lynn, Topeka, KS $60 August 11, 2009 RNC Event Parking
Jenkins, Lynn, Topeka, KS $5 October 01, 2009 Toll Reimbursement
Jenkins, Lynn, Topeka, KS $88 August 05, 2009 Tolls and Mileage

The disbursements are all coded so you can tell why the money was spent. Well, you'd think they'd all be coded. You'd think Jenkins, a CPA, would be a stickler for that kind of detail. Apparently not. 35.9% of Jenkins' campaign committee disbursements were not coded. That comes to $272.3 thousand.

MAKING LOVE OUT OF NOTHING AT ALL

Air Supply's famous tune Making Love Out of Nothing at All springs to mind when I think of the campaign Cheryl Hudspeth waged against Lynn Jenkins.


I know just how to whisper
And I know just how to cry
I know just where to find the answers
And I know just how to lie
I know just how to fake it
And I know just how to scheme
I know just when to face the truth
And then I know just when to dream
Hudspeth's Dream was to bring a voice of moderation and sanity to politics. She hit the campaign trail and carried the message. 65,434 voters, or 32%, saw it the way Hudspeth saw it.

The noble experiment of running a congressional campaign on the cheap remains as counterintuitive today as when Miguel de Cervantes penned his quixotic opus Man De La Mancha.

As of October 13th Cheryl Hudspeth raised $12,075, spent $11,755, and had a whopping $730 for the last two weeks of the race. Cheryl Hudspeth put her money where her mouth is self financing 75% of what her campaign raised. Lynn Jenkins raised $1,371,315, spent $874,838, leaving a balance of $532,979. Jenkins didn't donate a dime to herself. Those figures courtesy of the Center for Responsive Politics, OpenSecrets.Org at: http://www.blogger.com/goog_613940415

Two years from now there will be another election. Kansas Democrats in the Second Congressional District will have to acknowledge that to be competitive they will have to raise and spend more money than did Cheryl Hudspeth. The change that ends the corrupting influence of special interest money in American politics will have to come from steel willed politicians from both parties.

Jesse Unruh, the 54th Speaker of the California State Assembly

Jesse Unruh, a Newton, Kansas native, made a career in California politics. Unruh, were he speaking from the grave would remind us that "Money is the Mother's Milk of Politics." Then he'd speak to the resolve it takes to do the right thing for the people and tell us" If you can't eat their food, drink their booze, screw their women and then vote against them, you have no business being up here."

 

Don Quixote

Those who change the system and kick corporate money out of politics will have to eat their food, drink their booze, screw their women, and vote against them. Don Quixote will not prevail against their windmills.


I can make the runner stumble
I can make the final block
And I can make every tackle at the sound of the whistle
I can make all the stadiums rock
I can make tonight forever
Or I can make it disappear by the dawn
I can make you every promise that has ever been made
I can make all your demons be gone

But I'm never gonna make it without you
Do you really want to see me crawl
And I'm never gonna make it like you do
Making love out of nothing at all