A Sanctuary for Crime

The Washington Post reports on an important non-decision by the US Supreme Court:

The Supreme Court announced yesterday [Monday] that it will not review a lower court's decision that an FBI raid on Rep. William J. Jefferson's congressional office violated the Constitution, a ruling that federal prosecutors had said could make lawmakers' offices a "sanctuary for crime."

Without comment, the court decided not to get involved in the legal fight between the Justice Department and Congress over the 2006 search of the Louisiana Democrat's Washington office. Jefferson subsequently was indicted on charges that he solicited more than $500,000 in bribes. He pleaded not guilty, and his case has not yet gone to trial.

Jefferson was indicted without the use of the documents seized, but the Justice Department said the ruling would endanger other probes. "Investigations of corruption in the nation's capital and elsewhere will be seriously and perhaps fatally stymied," the government argued in court briefs.

Peter Zeidenberg, a former public integrity prosecutor now in private practice, said the lower court's ruling not only affects searches of congressional offices but also potentially limits the questioning of congressional staff members by law enforcement officials.

"I think it's going to cause a great deal of confusion about what can and can't be done. It's a very difficult path for prosecutors," he said. "People are not going to know where the lines are drawn."

This Supreme Court non-action has consequences beyond the corruption case of Rep. Jefferson. As I wrote back in December, Rep. John Doolittle (R-Calif.) and former Rep. Tom DeLay (R-Fort Bend County) may find legal protection from such a ruling. The WaPo confirms my fears:

Government prosecutors are concerned about how the appeals court's decision could affect other corruption probes, including investigations of several congressmen that arose from the Jack Abramoff lobbying scandal.

Several Congressmen: Rep. Doolittle, former Rep. DeLay and Rep. Tom Feeney (R-Fla.). Is three several?

I've only scanned the appeals court ruling (.pdf) upheld by the Supreme Court. Fortunately, it doesn't seem all is evidence is lost to the Justice Department:

A judicial panel of the D.C. appeals court decided that government investigators probably had seen privileged legislative documents and, as a result, the raid had violated the speech-or-debate clause. The court said Jefferson should be allowed to review the material taken from his office and identify which documents were privileged. A judge is to decide whether prosecutors can have access to those papers.

Potentially lengthy court proceedings to determine whether each individual item is a "privileged legislative document" may limit the amount of evidence prosecutors may attempt to gain access to. The good news is that if something is important to prosecutors, they will have an opportunity to acquire it legally. The bad news is that Justice Department lawyers used strong language to explain why it was so important for the appeals court decision to be reversed: Unless the lower court decision is reversed, the Justice Department said, "investigations of corruption in the nation's capital and elsewhere will be seriously and perhaps fatally stymied."

I support the "Speech and Debate" clause of the US Constitution, but I don't want it used to hide criminal acts. I'll repeat what I wrote in October, 2007:

Now I'm all in favor of protecting legislative materials from the executive branch. But there must be some balance struck in these corruption cases. Corruption should not be protected by the US Constitution, but the executive branch shouldn't be able to claim corruption to pierce the very real protections of the "Speech and Debate" clause. Smarter people than I need to find a way to strike that balance.

I don't believe the US Supreme Court made any progress in striking an appropriate balance by refusing to hear the Justice Department's appeal.

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Privileged Materials



Given that Rep. Jefferson may now claim that certain items seized via a search warrant are privileged, the Anti-Corruption Republican is trying to get a second source on the record to confirm that Rep. Jefferson is trying to suppress the frozen pizza, corn dogs, and other items found in his freezer. [/sarcasm]

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Why Democrats Can't be Taken Seriously

For some reason, I found this rhetoric completely inappropriate:

The present speaker, Nancy Pelosi, called last August’s ruling a reaffirmation of the separation of powers and the checks and balances the Founding Fathers had in mind.

Referring to President Bush’s former political adviser, Ms. Pelosi said, “The White House wouldn’t like it if we sent the Capitol Police over there to search Karl Rove’s desk.”

Look, the Justice Department got a federal judge to find probable cause that Rep. Jefferson had committed a crime when it got a warrant to search Rep. Jefferson's office. I understand that Democrats have an unhinged hatred for Karl Rove. But no competent body has even come close to suggesting that there is probable cause that Mr. Rove has committed a crime. It is extremely strange for Speaker Pelosi to ostensibly defend the Constitution by advocating a warrantless search.

Nu-Romantic Radio

The best music ever produced by Western Civilization is the New Romantic subgenre of New Wave. The Zanzibar in Santa Monica, California will recreate a 1980s dance club one night a month. Since I don't think many of my readers will frequent a bar in Santa Monica, that's not the point of this post.

To promote his idea, the organizers have developed a website. On the site, there is something called "Nu-Romantic Radio". Nu-Romantic Radio provides a continuous feed of New Romantic music. Open up a window to Nu-Romantic Radio and minimize it. Do your computer work to the wonderful sounds of synthesizers in the background.

I find myself in LA about once a month -- sometimes in Santa Monica. Normally I try to find someone to feed me when I'm on the road. But if I'm in Los Angeles on the second Wednesday of the month, I'll have to leave my evening calendar clear.

More Observations on the International Baccalaureate Program in Pearland ISD

I'm still getting hits from Pearland ISD administrators. One came on Easter-eve to go along with one that came from West Texas on Christmas Eve. I interpret this interest as a request for further observations on the IB Program at Pearland ISD. Normally, I don't take requests, but I'll make a special exception this time.

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Pearland Crime and the International Baccalaureate Program

The Pearland Journal reports:

Pearland’s reported offenses increased by more than 400 cases last year [2007], or 18.5 percent, according to crime statistics released by the Pearland Police Department...

“Population increase is a big part of it,” [Crime Prevention Officer Chad] Randall [of the Pearland Police Department] said. “But with an 18 percent increase in crime and only 8 percent increase in population, we still have a slight increase in crime per capita.”

The number of crimes went up 18.5% while the population increased 8%. If my arithmetic is right, this means that Pearland's per capita crime rate increased nearly 10%.

What does this have to do with the IB Program? I'll be honest; I don't think it has a whole lot to do with the IB Program. But I attended an IB informational program hosted by Pearland ISD last fall. There was an administrator there who actually suggested that implementing the IB Program in Pearland would reduce crime. Now I have no clue what syllogism would lead one to that conclusion, but I never said that the idea to implement the IB program was one based on logic.

If this is an example of the deductive reasoning the International Baccalaureate Program will inspire in Pearland's children, I know I made the right decision to pull my kid out of Pearland ISD.

For the record, despite suggestions by Pearland ISD administrators, I believe that the crime rate in Pearland has very little to do with the implementation of the IB Program. I suspect the crime rate has more to do with the perceived risk/reward of criminal activity by those disposed to commit crimes. I hope the position I've carved out for myself isn't too controversial.

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Budget Cuts at Pearland ISD

From the Houston Chronicle:

Faced with less state funding to run the school district, Pearland school trustees will have some tough decisions to make as they begin the process of ironing out a new budget...

The district may have to cut some popular programs for the 2008-09 school year, Ivy-Sims said, including fine arts, athletics and career technology programs...

"My concern is that with the budget cuts, they are cutting the fine arts programs that the children so desperately need," said [name redacted]. "I feel strongly about fine arts because they are putting arts on the back burners. I don't feel any of the fine arts programs should be cut — not band, not choir, not art and not drama. It helps creative thought and it helps children to express themselves."

While fine arts, athletics and career technology programs are on the chopping block, there are some items in Pearland ISD's budget with increasing budgets. The most palpable effect of the IB Program is an increase in high-dollar administrative salaries. Pearland ISD has budgeted millions of dollars to implement this program that harms high performing academic students, and it appears that the district is underestimating the total cost of the program. Most of the money budgeted for the IB program is not going to the classroom; it is going to administrative salaries.

With respect to the fine arts program, I have always believed that fine arts have a place in a traditional American education. The obvious benefit of such a program is that it exposes students to fine arts, perhaps inspiring a passion in many of them. I think a less obvious benefit of performing arts is actually more important. Whether acting on stage or performing a musical instrument, the performing arts teaches kids to have confidence presenting to others. Overcoming natural "stage fright" will pay dividends to these students as their lives take them from performing on stage to performing in the courtroom as an attorney or performing in the boardroom as an executive.

Arts, athletics and career technology programs are far more important than big fat administrative salaries associated with the IB Program. At least that's my opinion.

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The IB Program and College Credit

IB students "are getting the very best scores possible and are not seeing any recognition at most colleges," says Marilyn Leeb, an IB coordinator in Arlington County [Virginia].

On the surface, one of the better arguments in favor of the International Baccalaureate Program is the ability of students in the Diploma Program to earn college credit for high school courses. If this sounds a lot like the Advanced Placement (AP) program to you, you're right. Even though the Pearland ISD administrator hosting an IB informational meeting last fall omitted to mention it, students need to perform well on a test to earn the college credit. (Just like the less expensive AP program.) Unfortunately, this is more puffery than promise.

"Guarantee" was a word often mentioned in the informational meeting to describe students' ability to earn college credit in the IB Program. It turns out that some colleges accept IB tests for college credit, others don't. From a Washington Post article headlined, "Despite IB Growth, College Credit Is Elusive":

Students usually can't get college credit for one-year IB courses, even though they are similar to one-year Advanced Placement courses, which are eligible for credit. In another complication, students can get credit for passing tests after two-year IB courses, but that credit is equivalent to one year in AP...

"Imagine the consternation of these students who are getting the very best scores possible and are not seeing any recognition at most colleges," said Marilyn Leeb, IB coordinator at Washington-Lee High School in Arlington County.

"I feel like we were being cheated," said Chad King, a 2007 graduate of Mount Vernon High School in Fairfax County who received no credit for one-year IB courses from Ohio Dominican University in Columbus. "IB puts a lot of stress and pressure on its students, and for us not to get credit just because it is not AP is unfair..."

In several local schools, particularly in Montgomery, IB students often take the AP test in the same subject to be assured of college credit. To some educators, that seems a waste of time. "Our emphasis is not on gaining college credit," said Greg Croghan, principal of Fairfax's Edison High School, which has IB. "It is on encouraging students to extend themselves intellectually and on preparing for college."

Given that the IB Program is significantly more expensive than the existing and successful AP Program, it doesn't make sense to pay excessive administrative salaries for a program that doesn't work as well. As I've mentioned before, the Diploma Program isn't the only part of the IB Program that isn't as advertised. According to a Pearland ISD administrator, ability-group advanced classes as my son's elementary school were eliminated; simultaneously, the IB-Primary Years Program discourages the use of ability-grouped classes. In my opinion, the IB Program is giving Pearland ISD inferior academic rigor and may potentially deny college credit to deserving high-performers in high school.

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Update

My site must have met some sort of threshold on the Google ranking system because I've seen a jump in Google traffic. The traffic is nationwide and seems to be interested in the IB Program. I've made many posts on this subject. Click on the "IBProgram" label below to see them. I'll put the label on older posts as I have time. I also made a minor alteration to the body of the post for purposes of clarity.

As always, my e-mail address is on the right-hand side of the page near the top.

"Restoring Trust"

Good news coming from the Last Frontier:

Lt. Gov. Sean Parnell [R-Alaska] announced Friday before a crowd at the Republican Party convention that he is challenging embattled U.S. Rep. Don Young [R-Alaska] in the August Republican primary.

"I just think it's about restoring trust to government," Parnell said...

Parnell immediately got the backing of Gov. Sarah Palin [R-Alaska], whose husband, parents and siblings were part of a cheering group gathered outside of the state Division of Elections for Parnell's news conference on entering the race.

"This race is not going to be about Don Young, in my mind," Parnell told reporters. "It's going to be about what we can do for Alaska. I'm just willing to step forward, be that new energy for Alaska and be accountable for what we're doing in our public lives." He was flanked by his wife, Sandy, and Palin...

Young, 74, has been under intensive scrutiny for months. According to various media reports, he's under investigation for his ties to Veco Corp., for fundraising activities and for his role in specific congressional earmarks that may have benefited financial backers.

Young has supported convicted lobbyist Jack Abramoff on a number of issues, including blocking legislation granting federal protection to workers on the Mariana Islands, a U.S. territory. One of Young's aides on the transportation committee, former Alaskan Mark Zachares, pleaded guilty in April to conspiring to provide Abramoff inside government information in return for cash, gifts and a job.

Young has not been charged with any wrongdoing, but his re-election campaign spent $854,035 on legal fees during 2007. He has since established a separate fund for his own legal defense.

Palin alluded to Young's big legal bills on Friday, saying Parnell "won't be spending his campaign funds on attorneys. That's an assurance."

Emphasis Added

Kudos to Lt. Gov. Parnell, Gov. Palin and all of those good people who encouraged Lt. Gov. Parnell to take this course of action. I have repeatedly said that it is best for Republicans to knock out their own corrupt Congressmen in the primary. We didn't do this here in TX22, and now we have Rep. Nick Lampson (D-Beaumont Stafford) temporarily holding this seat. Let's hope that Alaska Republicans actually vote the corrupt guy out in the primaries. Good Luck, Lt. Gov. Parnell.

Now I hope someone in Alaska will find the courage to take on Sen. Ted Stevens.

And lastly, I need to take something back. Three months ago, I said Alaskan Republicans were derelict in their duty to oppose their corrupt congressmen. Lt. Gov. Parnell shows that he'll take on quite a bit of career risk to stand opposite of the entitlement culture of Rep. Young. I was wrong to write that and apologize to the good Alaskan Republicans. Hopefully Alaskans won't allow Rep. Young to secure the nomination.

Greenberg Traurig Responds to Indictment

Count on the Blog of Legal Times (BLT) to get a statement from Jack Abramoff's old firm regarding the indictment of Greenberg Traurig in Guam. (I've always liked BLT.)

"We cannot comment specifically about this indictment as it comes as a complete surprise to us -- we have never been contacted or subpoenaed by the Guam authorities. It appears to concern allegations regarding Jack Abramoff’s conduct that occurred over five years ago.

"Jack Abramoff's plea agreement with federal authorities acknowledged that along with his clients, Greenberg Traurig was a victim of Abramoff's actions, and it exposed additional conduct unknown to us when he was asked to leave our firm in February 2004.

"We have cooperated with all law enforcement agencies and congressional investigations and made sure that any former clients were fairly treated. We will address this matter in the same spirit."

Now I don't feel so stupid. The high-priced white-shoe lawyers at Greenberg Traurig don't know what to make of the indictment either. And you know what? I truly believe the Greenberg lawyers are puzzled.

Guam: New Abramoff Indictment

The press in Guam is reporting on a new indictment of Jack Abramoff. Be aware that Guam is not part of the Commonwealth of the Northern Mariana Islands (CNMI) that I have repeatedly written about. It is the CNMI that provides the nexus to our former Rep. Tom DeLay (R-Fort Bend County).

I'm on the road today, but I have printed out the indictment (warning: .pdf). More to come later.

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Let's look at what was and wasn't interesting in the indictment:

Not Interesting

1. This indictment was filed by the attorney general in Guam, not the Justice Department's Public Integrity Unit.

2. This indictment appears to me to have absolutely nothing to do with any elected federal official.

Now I'm not saying that this indictment isn't a serious matter under the law. It most certainly is. I'm just saying it isn't interesting to me.

It is interesting to me that Jack Abramoff's former firm, Greenberg Traurig, was indicted. I've stated many times that it doesn't make a whole lot of sense to me to criminally indict a company. That seems like indicting a car for drunk driving. A person must have committed the crime -- indict the person.

That said, I know this isn't the first time a company has been indicted. Remember that Arthur Andersen was indicted in the Enron scandal. The consequence of the indictment of Arthur Andersen is that the accounting firm ceased to exist. Now I'm not saying that Greenberg Traurig's very existence is threated by the Guam attorney general. Remember, I don't really understand the purpose of indicting an organization. I don't know what will happen.

Gov. Spitzer's Private Hell

Obviously I had no clue that Gov. Eliot Spitzer (D-N.Y.) was paying thousands of dollars for high priced call girls. But I did know that Gov. Spitzer had ruined the reputations of numerous people in my industry. Yes, as Attorney General, Mr. Spitzer did root out some criminal acts. But as time went on, Mr. Spitzer got overzealous and brought the power of his office on people whose only crime (from my point of view) was being successful.

I know I shouldn't say such things, but I feel some sort of perverse pleasure in Gov. Spitzer's problems. Unlike some of his political targets, Gov. Spitzer actually appears to have done something wrong. As always, I'll defer to the judgment of the Department of Justice. The DoJ is a consummately professional organization. I'll accept their decision whether it is to prosecute or not.

Some news agencies are reporting that this matter came to the attention of the FBI because of the large monetary transactions taking place. Originally, investigators thought that there might be a bribery scandal taking place. Heh.

This is probably wrong to say, too, but just like Ken Langone, I hope that Mr. Spitzer's personal hell burns a bit hotter than everyone elses.

And that's all I have to say about that.

"I'm Still a Guy"

"I'm Still a Guy" (2008)
Brad Paisley

This song is pure, unadulterated KARAOKE GOLD!

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The first video I ever posted was "Online" by Brad Paisley. I know it is still young, but "Online" is the best song of the millennium so far. Brad Paisley is undoubtedly my favorite artist today.

Anyway, I scored half a dozen tickets to see Mr. Paisley at the Rodeo this weekend. Mr. Paisley is not scheduled to return to Houston until mid-October. (Just after my birthday ... hint, hint, Mrs. Anti-Corruption.)

To celebrate my rodeo tickets, Mr. Paisley gets a second video posted. There's no official video for Paisley's newest song, "I'm Still a Guy". So here is a fan-created video from YouTube. (Warning: PG-13 video. Safe for work? Probably. Safe for kids? Probably not.)



Best lyrics:

When you see a priceless French painting
I see a drunk, naked girl