JUICE: Final List of Names for Ervin's MoCo Council Seat, 2014 Annapolis Priorities, Del. Don Dwyer Removed from Committee

PLUS: FBI IN PRINCE GEORGE'S, 15 MIN TRAIN RIDE TO BALTIMORE, D17 SENATE BATTLE & MORE!

Below Maryland Juice provides a round-up of news items relating to politics and economic development:

JUICE #1: FINAL LIST OF APPLICANTS FOR VALERIE ERVIN'S COUNCIL VACANCY // JAY HUTCHINS & FORMER DEL. HERMAN TAYLOR ROUND OUT LIST OF 18 NAMES - Yesterday was the deadline for Democrats in Montgomery County's Council District 5 to apply for the seat recently vacated by Valerie Ervin. Below Maryland Juice provides the full list of eighteen (!!!) applicants for the interim appointment:

1. Alan Bowser
2. Cherri Branson
3. Esther Stein Chayt
4. Michael Diegel
5. Jeanette Dixon
6. Larry E. Edmonds
7. Ronald Galvin, Jr.
8. Jay Hutchins III
9. Arthur Jackson, Jr.
10. Kim Jones
11. Andrew Kleine
12. Iris Lewis
13. Timothy Male
14. Harold McDougall
15. Herman Taylor *
16. Dale Tibbitts
17. Daniel L. Wilhelm
18. Mark Woodard

* Currently resides in District 5 -- will update voter registration from District 4 prior to appointment

One of the more interesting new names on this list is Jay Hutchins, who was the runner-up to Sam Arora in the 2010 Democratic Primary for District 19 House of Delegates. Also of note is an application by former District 14 Delegate Herman Taylor.


JUICE #2: GOP DELEGATE DON DWYER STRIPPED OF SEAT ON HOUSE WAYS & MEANS COMMITTEE - The Capitol Gazette reported today that at the start of Maryland's 2014 legislative session, embattled Delegate Don Dwyer has been removed from his seat on the House Ways & Means Committee (excerpt below):

CAPITAL GAZETTE: For the second time in a year, Del. Don Dwyer will be removed from a House of Delegates committee. House Speaker Michael E. Busch, D-Annapolis, said Thursday he was removing Dwyer, R-Pasadena, from the House Ways and Means Committee “to protect the integrity of the institution of the House of Delegates.” Dwyer is expected to lose his seat Friday. Dwyer was sentenced in October 2013 to 30 consecutive weekends in jail for drunken driving. He will spend most weekends during the 2014 General Assembly in confinement. Stripped of his committee position, Dwyer will only be able to debate and cast votes on the House floor for the remainder of the session....

JUICE #3: DEL. LUIZ SIMMONS CALLS FOR "CLEAN CAMPAIGN PLEDGE" IN D17 STATE SENATE CONTEST - Maryland Juice received the following press release from Delegate Luiz Simmons calling for a "clean campaign pledge" from rival candidate Cheryl Kagan in the District 17 State Senate primary:

PRESS RELEASE

Del. Luiz Simmons Proposes Clean Campaign Pledge in State Senate Race
Says residents deserve honest, fair campaign - free from mudslinging

Rockville, MD – Today, District 17 State Senate candidate and current State Delegate Luiz Simmons proposed the “No Mudslinging in Maryland Pledge.”  This pledge would ensure a clean campaign in the race to represent Rockville and Gaithersburg in the State Senate.

The 2010 State Senate campaign between State Senator Jennie Forhand and Cheryl Kagan was called “the most negative campaign in District 17 history.”

“The voters in District 17 deserve a campaign that is honest, fair and focuses on the issues.  There is no place for the politics of personal destruction in this race,” said Delegate Luiz Simmons.  “I urge my opponent, Cheryl Kagan to sign this pledge today.”

The No Mudslinging in Maryland Pledge says the following:

As primary candidates for the office of State Senator, District 17, we hereby agree that the people of Maryland deserve better than a negative campaign.  They deserve a campaign on the issues most important to them – not one full of cheap, divisive attacks. 

During the primary campaign, we pledge the following:

1. To avoid personal attacks against our opponents. We will not engage in a smear campaign, negative character attacks, defamation, or false accusations against any opponent.
2. To avoid distortions and misrepresentations of our opponents’ records and positions. This includes distortions in the media, campaign literature, advertisements, mailings and speaking engagements.
3. We hereby instruct members of our campaign teams, including staff, advisors and volunteers, to agree to these same terms.

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JUICE #4: TOWN OF CHEVY CHASE SEEKS TO SPEND $360,000 ON LAWYERS TO BATTLE PURPLE LINE - Leaders in the Town of Chevy Chase, who have been battling the proposed light rail "Purple Line"' project, held a public hearing last night to discuss whether to spend $360,000 on attorneys to tackle one of Montgomery County's top transportation priorities. The item was included in the town's recent community newsletter (excerpt below):

TOWN OF CHEVY CHASE: At its Wednesday, January 8 meeting, the Town Council will hold a public hearing on a proposal to engage a law firm to assist the Town in continuing to respond to the proposed Purple Line project and its local impacts.

The Town recently submitted comments regarding the Purple Line’s Final Environmental Impact Statement (FEIS), which assesses the environmental effects of the proposed project. These comments note significant concerns with the project’s skyrocketing costs and funding prospects and call for a new environmental impact study to identify lower cost alternatives, such as bus rapid transit. The comments also raise technical concerns about the proposed alignment, including visual, noise and safety impacts.

As plans for the Purple Line progress, the Town Council wants to ensure that the Town’s concerns are given serious consideration by state and federal decision makers, and the Council has proposed to engage a law firm to assist in that effort. The length of the engagement will be approximately 18 months, with a cost of approximately $360,000....

The unfortunate aspect to this development, is that the Purple Line is a broadly popular project outside of Chevy Chase, and so the town's expenditures on lawyers may well cost taxpayers in other parts of Maryland thousands of dollars to defend the light rail initiative. Notably, Chevy Chase has ample resources for such a strategy, given that under state law they are refunded 1/6 of county income taxes paid by town residents. In a recent count, the Town of Chevy Chase with a population of 2,907 got almost as much money as Takoma Park with 17,905 (much less affluent) people ($2,174,114 vs. $2,330,225).  


JUICE #5: LERNER FAMILY SEEKS TO LURE FBI HEADQUARTERS TO FORMER LANDOVER MALL SITE IN PRINCE GEORGE'S COUNTY - The Washington Post reported this week that Lerner Enterprises (the business run by the owner of the Washington Nationals) is attempting to lure the FBI to the former Landover Mall site in Prince George's County (excerpt below):

WASHINGTON POST: Sears is shuttering its store near the former Landover Mall, after selling the site to a Rockville-based development firm that is seeking to build a new FBI headquarters.... The store operated for more than a decade in a sea of empty parking lots after Landover Mall closed in 2002 and the shopping center was demolished a few years later. Lerner Enterprises said Tuesday that it plans to offer the 88-acre former mall site to the General Services Administration for consideration as a future headquarters for the FBI....

“With Sears closed the confusion that existed as to the availability of the entire site should be eliminated,” Alan H. Gottlieb, chief operating officer of Lerner Enterprises, wrote in an e-mail after the Sears announcement. “We would hope to attract a major user or users to the site possibly the FBI. In that regard we have submitted the site to the GSA.”

JUICE #6: JAPANESE OFFICIALS OFFER HELP TO BUILD HIGH SPEED RAIL TO CREATE 15 MINUTE TRAIN RIDE BETWEEN BALTIMORE & WASHINGTON - Business Insider reported this week that the Japanese government has offered to lend the United States half the cost of building a high-speed "Mag-Lev" train between Baltimore and Washington, DC. The proposed system would cut the commuting time between the two cities to fifteen minutes (excerpt below):

BUSINESS INSIDER: The Japanese government has promised to lend the United States half of the cost of building the first "Super-Maglev" train, reducing travel time between Baltimore and Washington, D.C. to just 15 minutes. Tokyo is so keen to show off its technology that it will provide loans for half the estimated $8 billion (£5bn) cost of installing the tracks, Japan's Asahi newspaper said on Tuesday.

The American federal government is keen on the project, according to Central Japan Railway Co., and state authorities are especially enthusiastic.... Maglev vehicles have no wheels and are propelled along their track through electromagnetic pull – doing away with friction and, hence, providing a smoother and quieter ride at a faster speed....

JUICE #7: ADVOCATES HIGHLIGHT 2014 MARYLAND LEGISLATIVE AGENDA FOR LGBT RIGHTS - At the start of the 2014 Annapolis legislative session, The Washington Blade's Michael Lavers highlighted the policy priorities of LGBT activists in Maryland (excerpt below):

WASHINGTON BLADE: Efforts to ban discrimination based on gender identity and expression and so-called “ex-gay” conversion therapy to minors are top priorities for Maryland LGBT rights advocates during the 2014 legislative session that begins on Wednesday.

State Sen. Rich Madaleno (D-Montgomery County) will introduce the transgender rights bill in the state Senate. State Del. Luke Clippinger (D-Baltimore City) plans to bring forth the measure in the House of Delegates, even though the chamber passed a trans rights bill in 2011....

The Senate Judicial Proceedings Committee last March by a 6-5 vote struck down a bill Madaleno and state Sen. Jamie Raskin (D-Montgomery County) introduced that would have banned anti-trans discrimination in housing, employment and public accommodation. State Sens. Norman Stone (D-Baltimore County), C. Anthony Muse (D-Prince George’s County) and James Brochin (D-Baltimore County) voted against the measure....

State Del. Jon Cardin (D-Baltimore County) has introduced a bill that would ban “ex-gay” conversion therapy to minors in Maryland. The original version of House Bill 91 only includes sexual orientation, but Cardin’s legislative director Josh Greenfield told the Blade on Tuesday it will be amended to include gender identity and expression. Madaleno is also expected to introduce the measure in the Senate.

JUICE #8: ACLU OF MARYLAND RELEASES LIST OF 2014 MARYLAND LEGISLATIVE PRIORITIES - Maryland's ACLU released the following press release discussing their legislative priorities in the 2014 Annapolis session (excerpt below):

PRESS RELEASE

ACLU of Maryland Announces 2014 Legislative Priorities

Issues include taxing and regulating marijuana, stopping local police from enforcing civil immigration detainers, limiting email and cell phone surveillance, and ending the shackling of pregnant women

...The ACLU priorities include legislation to tax and regulate marijuana, stop local police from enforcing civil immigration detainers, limit email and cell phone surveillance, end the shackling of pregnant women, fully fund the Public Education "Thornton" Funding Formula and more....

Highlights from the ACLU’s priorities for 2014 General Assembly session:

PRIVACY

• Email Surveillance: Privacy laws have yet to be updated, which allows the government to intercept and access information about the content of our emails, and other information collected by search engines, social networking sites and other websites. The ACLU supports legislation to ensure that new advances in science and technology enhance, not compromise, civil liberties.

• Location Tracking:  The ACLU supports legislation that would ensure that legitimate investigations can proceed, while protecting innocent Marylanders from unjustified invasions of their privacy.

• Drones: Drones can pose a serious threat to privacy. The ACLU of Maryland is in support of legislation that would prohibit a Maryland law enforcement agency from using a drone to gather evidence without a warrant.

• Automatic License Plate Recorders: The ACLU supports legislation that would keep law enforcement from storing records of plates and locations that are not ‘hits’ against any database.

CRIMINAL JUSTICE: The War on Drugs has failed.  Maryland spends an inordinate amount of time, energy and money arresting people for marijuana possession, even though 44 percent of violent crimes in Maryland go unsolved. Further, despite equal rates of use, these arrests are racially imbalanced.  Because the War on Drugs has failed, the ACLU supports the full decriminalization, taxation and regulation of marijuana possession.

REPRODUCTIVE FREEDOM: The ACLU works to protect everyone's right to make informed decisions free from government interference about whether and when to become a parent. In addition, the ACLU will advocate for legislation to end the dangerous practices of shackling pregnant women in custody during transport, labor and delivery. The ACLU supported last year, and will support again, legislation that would prohibit the shackling of pregnant inmates and detainees during their second and third trimesters.

IMMIGRATION REFORM: State and local law enforcement undermine public safety and waste resources by enforcing immigration detainer requests from U.S Immigration and Customs Enforcement. The ACLU supports the Maryland Trust Act, a bill that would restore community relationships with local police by disentangling them from federal immigration enforcement efforts. 

EDUCATION

• Full Funding of the Public Education "Thornton" Funding Formula: The ACLU's Education Reform Project will continue its advocacy to ensure that the state budget contains full funding of the “Thornton” education funding formula in the Bridge to Excellence Act, including a minimum 1 percent inflation factor and the Geographic Cost of Education Index. 

• Funding the Thornton Formula Adequacy Study in the Governor’s Budget: The ACLU has called on the Governor to provide appropriate funding in the Maryland State Board of Education budget to hire a reputable expert to conduct the required “adequacy study” of the “Thornton” education formula. The Bridge to Excellence Act anticipated the need to regularly update the formula in light of changing academic standards and requires that over the next two years a reassessment will take place of the adequacy of funding levels for students to meet state standards. 

• Expansion of Pre-Kindergarten Education for the Most At-risk Children: The ACLU will advocate for adequate state and local funding for the existing Pre-K programs (currently funded based on K-12 students rather than Pre-K enrollment) and for the state to fund school districts that offer full-day programs. 

• Oppose State Funding of Private Schools: The ACLU will continue to fight back against funding private schools with public dollars. The ACLU opposes legislation that would reimburse parents or institutions for private school tuition. Private schools do not have to abide by the same state anti-discrimination laws and rules that public schools do. Such legislation also entangles the state in promoting religious education, as many of the beneficiaries would be religious schools. And every public dollar diverted to private schools is a dollar lost to the taxpayers of Maryland.

The full list of 2014 legislative priorities can be found at the ACLU of Maryland website.

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JUICE #9: COMMUNITY ACTIVISTS ANNOUNCE 2014 MARYLAND LEGISLATIVE PRIORITIES - Maryland Juice received the following press release from the "Fund Our Communities" coalition announcing their 2014 efforts in Annapolis (excerpts below):

PRESS RELEASE

MD Legislators Urged: Establish a Commission to Prepare for Military Downsizing

ANNAPOLIS, MD –Members of the Fund our Communities (FOC) coalition are asking Maryland lawmakers to support legislation establishing the Commission on Maryland’s Future, A Jobs Strategy for the State of Maryland. This commission will be tasked with developing plans and policies to ensure a competitive advantage for Maryland as Federal military spending declines.

Jean Athey, steering committee chair, commented: “Maryland has over 200,000 workers in military-related industries and ranks fourth among states in per capita defense spending. As Federal military spending decreases, military-related jobs in Maryland will shrink and tax revenues for local communities will decline.”

Concerned about the economic shock that military drawdowns may have on jobs and employment, several unions have joined the FOC coalition. Gino Renne, President of UFCW Local 1994 MCGEO, explains, “With Maryland receiving over $36 billion annually from military spending, we may have put more of our eggs into this one basket than is wise. As an organization that represents middle class employees, this is a genuine concern for us.” Other unions have expressed similar concerns. In October, the Maryland/DC AFL-CIO passed a resolution at its annual conference encouraging its members to become engaged on the topic of conversion of military spending to domestic needs.

David Kunes, President of Montgomery County Young Democrats, notes that the Department of Defense has provided guidance to states and communities on defense transition, guidance that “shows that the Futures Commission is simply an idea whose time has come.” Athey agrees, adding “It is no longer a question of should we prepare for the economic changes that potential military cutbacks will have on our State, but rather, how we can afford not to.”

FOC (www.ourfunds.org) is a coalition comprised of over 60 organizations, including political, veteran, faith groups and unions, that advocates for changes in our nation’s budget to more adequately fund community needs.

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JUICE #10: O'MALLEY TO FOCUS ON RAISING MINIMUM WAGE // PLUS: THE WOULD-BE 2016 PRESIDENTIAL CANDIDATE NEEDS RE-EDUCATION ON WAR ON DRUGS  - The Associated Press reported this week that Maryland Governor Martin O'Malley will be prioritizing passage of a minimum wage increase in the 2014 legislative session (excerpt below):

ASSOCIATED PRESS (VIA WBAL): Governor Martin O'Malley says he will be focusing his energy on raising the state's minimum wage in his last legislative session as Maryland's governor. O'Malley on Tuesday underscored the minimum wage hike as a top priority a day before the state's 90-day session is scheduled to begin.... Maryland's minimum wage is $7.25 an hour. O'Malley says 21 other states have a higher minimum wage than Maryland, which he says has the highest median income in the nation. While the governor pledged his commitment to push for an increase, it remains unclear how much....

Indeed, the devil will be in the details with the coming minimum wage hike, and Maryland Juice hopes that ahead of his 2016 White House run, Governor O'Malley will embrace a $10.10/hr indexed minimum wage hike -- that does not seek to overturn the recently passed $11.50/hr wage hikes in Montgomery & Prince George's counties.

RE-EDUCATING O'MALLEY ON THE FAILED WAR ON DRUGS: On another note, Governor O'Malley needs a hard nudge to see that the broad public is mostly done with the failed "war on drugs" and no longer sees jail time as an appropriate penalty for petty "crimes" like marijuana possession. A good starting point for his re-education campaign might be the eye-opening documentary "The House I Live In," which details the ravaging effects of our ignorant "tough on crime" and "war on drugs" policies. The film took the Grand Jury Prize at the 2012 Sundance Film Festival, and I highly recommend it to Maryland Juice readers (trailer below):

DAN FURMANSKY: Del. Don Dwyer Must Be Ousted, But Due to Weak Laws, He May Retain His Seat in the Maryland House

Below, Maryland Juice writer Dan Furmansky provides an update and commentary on the second drunk-driving case involving Maryland's Tea Party lawmaker Don Dwyer.

DAN FURMANSKY: Kudos to The Baltimore Sun — which, incidentally, will not be bought by the Koch Brothers, thanks to all that is good and holy in the world. The paper has been running excellent coverage of very sad situation of Del. Don Dwyer. First was The Sun’s fantastic editorial about Del. Dwyer’s second arrest for driving under the influence. The paper hit all the marks, and did so sensitively. The entire piece is worth reading, but here is a snippet (excerpt below)

BALTIMORE SUN: We join Mr. Dwyer's colleagues from both sides of the General Assembly aisle in asking that he seek help in some appropriate residential treatment program. He should also resign from office. It's clear enough that the burden of public life is too much of a distraction for the delegate and may well be what's preventing him from fully appreciating his grave circumstances.

We take no joy in this development. The path to sobriety is seldom an easy one or without setbacks. Nor do we necessarily fully understand the personal demons and difficulties that may have contributed to his circumstances.

But we do know this: Such behavior is unbecoming a state legislator. Current state law, which does not give the state legislature authority to remove Mr. Dwyer from office nor for his District 31 constituents to seek his recall, is once again proving itself inadequate in the matter of a law-breaking elected official in this state. It is up to the delegate to do the right thing....

Now today’s article in The Sun, entitled “Law likely won't force Dwyer from office,” has more to say on the matter (excerpt below):

BALTIMORE SUN: Fellow lawmakers have called on Del. Don Dwyer Jr. to resign after his drunken-driving arrest Tuesday, but there is little in Maryland law to force that outcome, a review of the state’s statutes on removal from office shows.... 

State voters approved a constitutional amendment last year to automatically suspend elected officials from office once they are found guilty of a felony or certain misdemeanors related to their official duties. If they remain guilty after exhausting the appeals process, they are permanently removed.

Tiffany Alston, a former Democratic delegate from Prince George’s County, was removed from office last fall after she was convicted of misconduct in office — a crime that officials determined related directly to her official duties.

But DUI, like boating while drunk, is a misdemeanor that would not be construed as having to do with service in office, according to the state attorney general’s office. The General Assembly has broad discretion to discipline its members but can expel only with a two-thirds vote of the full membership of the chamber in question....

Furthermore, it’s not clear that there is any political appetite to begin that process in Dwyer’s case. House Speaker Michael E. Busch, an Annapolis Democrat, criticized Dwyer’s conduct as “unbecoming of a legislator” but said his future in the legislature “will be decided by his own conscience … or, ultimately, by the voters.”

Maryland is not one of the 19 states that allows for a citizen recall of an elected official, so it is indeed up to the General Assembly to take action if Del. Dwyer does not resign on his own. Legislators need to find their political appetite to deal with this, as a matter of moral imperative, or pass appropriate legislation allowing for automatic removal of a legislator convicted twice of a misdemeanor that endangers people’s lives. Call it the Delegate Don Dwyer Act of 2014.

It’s one thing to show mercy to a legislator dealing with alcoholism, who makes a life-endangering mistake one time, accepts that they have a serious problem with alcohol, and takes the steps necessary to ensure they will never endanger another life again, while also accepting their legal punishment. I could see the General Assembly choosing to reprimand that contrite legislator while not going so far as to remove him or her from office. Such a move would at least be fathomable.

But the idea that Del. Dwyer can be caught driving under the influence—endangering lives—for a second time and continue to be considered fit for public office makes a mockery out of our state’s lawmaking body. Del. Dwyer’s crime isn’t that his politics and political approach are disgusting, which they are. His crime isn’t that he is an alcoholic. His crime is endangering people’s lives. Twice.

Notably, Del. Dwyer refused to take a breath test, the results of which usually determine whether someone is charged with driving under the influence or driving while intoxicated, which carries a greater charge. Based upon the arrest report (via CBS News), it appears this was no minor incident (excerpt below):

CBS NEWS: “The officer was immediately concerned for the safety of everyone on the road,” said Justin Mulcahy, Anne Arundel County Police spokesman. “It was driving erratically to say the least.  It crossed over several lanes of traffic multiple times, onto the shoulder several times as well, even getting in front of vehicles.”

According to the official police report, during the traffic stop, the officers could smell a strong odor of alcohol, Dwyer’s speech was slow and slurred, and his eyes were glassy and red.

Police say Dwyer was traveling 70 mph in a 55 mph zone Tuesday morning. His car registration was expired and suspended for emissions, according to the police report.

Police say he failed three field sobriety tests and refused a breath test.

If Del. Tiffany Alston should be automatically removed from office for paying a law firm employee $800 in state money and using campaign funds for wedding expenses, then how can there be a question that driving under the influence after being convicted of the same crime just months before warrants the same?

Had Del. Dwyer struck another vehicle, forcing it to careen off the road, and causing a traumatic brain injury to its passenger, do you think we would even be having this conversation? Doubtful. Blessedly, the police intervened in time, and that did not happen. That’s lucky for both Del. Dwyer, and the people who might be dead right now had he remained behind the wheel for just a few more minutes.

But regardless of how much harm Del. Dwyer caused to others on this second, law-breaking occasion, if he is convicted of a DUI misdemeanor for a second time, the General Assembly must take the necessary action to remove him from office. If the Ethics Committee feels this situation is outside the purview of its job, because the violation was not directly involved with Del. Dwyer’s official duties, then current law must be amended in some appropriate way to clarify that office-holders twice convicted of a misdemeanor that endangers lives will be removed from office.

Fool me once, shame on you…fool me twice…


- Dan Furmansky

OMG: Tea Party Delegate Don Dwyer Arrested (Again) for DUI // The Same Guy Crashed a Boat Into Kids While Drinking

Maryland's Tea Party Delegate Don Dwyer may have a drinking problem. Eye on Annapolis reports that this morning, Dwyer was arrested for driving under the influence (excerpt below):

EYE ON ANNAPOLIS: Early this morning Anne Arundel County police pulled over a vehicle for suspected driving while intoxicated....

The driver of the vehicle was Anne Arundel County delegate Don Dwyer. Dwyer identified himself as a member of the House of delegates and failed several field sobriety tests....

Dwyer was arrested and brought back to the Eastern District for processing. The delegate refused to submit to a breath test.

You may recall that Del. Don Dwyer was involved in a drunk-boating accident last year that resulted in injuries to several children. The Washington Post reported earlier this month that Dwyer entered a guilty plea in the resulting criminal investigation, with his fate to be decided by a judge next month (excerpt below):

WASHINGTON POST: In a renewed bid to avoid jail time, Maryland Del. Donald H. Dwyer Jr. pleaded guilty Tuesday in Anne Arundel County Circuit Court to a drunken boating charge stemming from a collision last year that injured seven people.

It will be up to a visiting judge, however, to decide in October whether to accept the plea deal that Dwyer (R-Anne Arundel) reached with prosecutors, which calls for no additional incarceration....

Because all of the charges filed against Dwyer were misdemeanors and none were directly related to his job as a state legislator, he has not been under threat of automatic expulsion from the General Assembly.

But House Speaker Michael E. Busch (D-Anne Arundel) has said that he expects that a legislative ethics committee will examine the episode. That panel could recommend disciplinary actions ranging up to expulsion to the full House of Delegates.

I think it's game over for GOP Delegate Don Dwyer!

JuiceBlender: Gubernatorial Candidates Brown, Gansler & Mizeur Step Out on Issues // Plus: Will House Boot Dwyer?

Below Maryland Juice writer Dan Furmansky presents a round-up of recent news of interest to politicos:

It looks like the pace of the gubernatorial campaign is about to pick up speed. Our declared and soon-to-be-declared Democratic gubernatorial candidates -- Anthony Brown, Heather Mizeur, and Doug Gansler -- are stepping up their games and focusing on some key issues. For those of us who prefer ideas to platitudes, it will be interesting to see what issues the candidates highlight.

JUICE #1: HEATHER MIZEUR RE-OPENS CONVERSATION ABOUT FREDERICK MAN W/ DOWNS SYNDROME KILLED BY COPS - First up, Heather Mizeur is shining the light on ensuring justice and appropriate treatment for people with developmental disabilities by law enforcement. Del. Mizeur this week called on the Governor to launch a state inquiry into the case of a Frederick County man with Down syndrome who died while being arrested by police moonlighting as security guards. The man was dragged away when he stayed to watch “Zero Dark Thirty” a second time. The autopsy ruled the death a homicide by asphyxia, and advocacy groups like the ARC of Maryland claimed that with better training, the officers would have realized there was another way to work with an individual who was at greater risk of unintentional harm. Del. Mizeur suggests O’Malley have his health department investigate local and statewide policies on treatment of individuals with disabilities and establish a task force to implement statewide standards.

Full Story: Washington Post: Mizeur calls for state action after death of Frederick County man with Down syndrome

JUICE #2: DOUG GANSLER TACKLES HOW TO TRANSITION EX-OFFENDERS TO LIFE OUTSIDE PRISON WALLS - In the Doug Gansler camp, the Attorney General is taking on the high rate at which ex-offenders return to prison in Maryland, a crucial issue since ex-offenders return to prison more than 40 percent of the time in this state.  The Attorney General took a dig at Lt. Gov. Brown by saying there has been “no strategic, well-coordinated plan” to reduce recidivism in the current administration.

It’s important to note that the rate of recidivism has dropped almost eight points since 2007, according to the Governor’s Office of Crime & Control, who credit the drop “to the many partnerships and evidenced-based programming undertaken by the Maryland Department of Public Safety and Correctional Services since 2007.”

Regardless of the finger pointing, Maryland, the 19th most populated state, has ranked 8th most violent state in the country, according to the Census Bureau’s Statistical Abstract of the United States. Baltimore has managed to decrease its violent crime rate slightly the past few years, but still has the sixth-highest homicide rate of any U.S. city with a population above 100,000. Clearly there is far more work to be done.

The Attorney General’s suggestions include making technology such as Android tablets available to prisoners to aid their education while behind bars; designating a deputy secretary in the state’s corrections department to oversee the “re-entry” of ex-offenders into society; shielding criminal convictions from potential employers in cases where ex-offenders have stayed “clean” for five years after release; and investing more heavily in subsidized transitional housing for those recently released from prison.

Full Story: Washington Post: Gansler proposes steps to ease transitions for former prisoners

JUICE #3: ANTHONY BROWN HIGHLIGHTS FUNDING FOR THE MOCO & PRINCE GEORGE'S PURPLE LINE - Meanwhile, Lt. Gov. Anthony Brown is hoping to ride the Purple Line to electoral success in Montgomery County. Earlier this week, the Lt. Governor joined Gov. O’Malley at the Bethesda metro to announce a state commitment of $1 billion to eight county road, rail and bus priorities, with $680 million going to the Purple Line. The rest is expected to come from the federal government, local governments, and private partnerships. The new funding was made possible by the new gas tax passed in this year’s General Assembly, which notably was opposed by the Attorney General. The announcement was met with predicted opposition from those living near Capital Crescent Trail, with some arguing it’s a bad idea to have a private company build and run the light rail system.

Full Story: Gazette: Most of new $1B transportation package for Montgomery is for Purple Line

JUICE #4: DRUNK-BOATING TEA PARTIER DON DWYER MAY BE BOOTED FROM MARYLAND HOUSE OF DELEGATES? - Meanwhile, could Del. Don Dwyer get booted from the House? Earlier this week he entered a guilty plea in Anne Arundel County Circuit Court to a drunken boating charge stemming from a collision last year that injured seven people, including a five-year-old girl who suffered a fractured skull. At the time of the accident, his blood alcohol level was three times the legal limit. The Washington Post reported on the possible consequences for Delegate Dwyer (excerpt below):

WASHINGTON POST: Because all of the charges filed against Dwyer were misdemeanors and none were directly related to his job as a state legislator, he has not been under threat of automatic expulsion from the General Assembly.

But House Speaker Michael E. Busch (D-Anne Arundel) has said that he expects that a legislative ethics committee will examine the episode. That panel could recommend disciplinary actions ranging up to expulsion to the full House of Delegates.

This could be interesting, since Del. Dwyer is notoriously unpopular among his House colleagues.

- Dan Furmansky

JUICE: Sen. Robey, Del. Deboy & Del. Malone Retiring (Zirkin Too?) // PLUS: Don Dwyer Raffles AK-47 & 2014 AG Forum

Below Maryland Juice presents a round-up of recent tidbits relating to the 2014 election cycle, including several retirement announcements that promise to re-align politics in the Howard County area:

JUICE #1: DEMOCRATIC STATE SENATOR JIM ROBEY NOT RUNNING FOR RE-ELECTION - District 13 State Senator Jim Robey has announced he will not be running for re-election in 2014. The Baltimore Sun's Blair Ames reported on the development (excerpt below):

BALTIMORE SUN: The end of the 2014 General Assembly session in Annapolis will mark the end of 48 years in public service for Howard County Sen. Jim Robey. Robey, an Elkridge Democrat, confirmed Tuesday, April 16, that he will retire next year after eight years in the Maryland Senate.... "I just feel it's time to step aside and let someone else step in."

Robey, 72, has served in the Senate since 2007 representing District 13, which covers much of southern Howard County. He previously served two terms as Howard County Executive from 1998 to 2006.... Robey said he "thoroughly enjoyed" his time in Annapolis, but acknowledged the legislature has made some tough decisions over the past two years....

Maryland Juice first caught wind of Sen. Robey's retirement when a reader pointed us in the direction of the following remark on Howard County Executive Ken Ulman's Facebook page:

KEN ULMAN: Senator Jim Robey is a solid public servant who does what he thinks is right on behalf of others. That's the legacy he'll leave behind. Wishing him lots of luck on his retirement! Thank you for your service to Howard County!

JUICE #2: DELEGATES STEVE DEBOY & JIM MALONE ALSO RETIRING // 3 OPEN SEATS IN MARYLAND HOUSE DISTRICT 12 - State Senator Jim Robey's retirement is piled on top of multiple retirements from politicians representing parts of Howard County. Indeed, all three House of Delegates seats in Maryland's District 12 will be vacant in 2014. Last September, Delegate Liz Bobo announced she would not seek re-election, and this week Bryan Sears from Catonsville Patch reported that the other two District 12 Delegates Steve DeBoy and Jim Malone are also not running for re-election (excerpt below):

CATONSVILLE PATCH: Dels. Steve DeBoy and Jim Malone say this term in the House of Delegates will be their last. In separate interviews, the two Democrats who represent the Catonsville and Arbutus areas said they have decided not run for a fourth and fifth term respectively....

DeBoy, who is finishing his third term, said redistricting and political changes in the House of Delegates were two factors in his decision..... Some of the issues that concerned DeBoy was the recent passage of the repeal of the death penalty and the recent gun control law....

Indeed, Steve DeBoy attributes his retirement decision to his disagreement with death penalty repeal and Maryland's new gun regulations. But Deboy's colleague James Malone was a bit more muted in his response. Shortly after the Patch article came out, Del. Malone emailed the following public announcement to his supporters:

DEL. JAMES MALONE: First and foremost, I want to thank you--my family, my friends and my supporters for your kindness and friendship over almost two decades of public service in the Maryland House of Delegates.  I feel that I have proudly served with distinction the area where I grew up, live and continue to raise my children. 

After serious and careful consideration, I have decided not to seek re-election to the Maryland House of Delegates in 2014.  As a result, I am canceling my fundraiser scheduled on May 16th, 2013.  I look forward to spending more time with my daughter Danica and my son Little Jimmy.

Over my and my family's lifetime in politics, my Dad, Mom and I have met so many wonderful people.  Thank you for sharing with me your time, your stories, your support and your friendship.

I look forward to continuing to serve the rest of my term and promise to always be a positive influence in our community,

May God Bless each and every one of you!

James E. Malone, Jr.
Delegate, District 12A 
Baltimore & Howard counties 

REASONS FOR THE RETIREMENT: Maryland Juice contacted some Annapolis sources for reaction to the news, and the consensus seems to be that District 12 is likely to elect three progressive Democrats to the House of Delegates in 2014. But one source explained some of the backstory to the retirements:

ANONYMOUS SOURCE: I can't tell you how bizarre this is. DeBoy and Malone were redistricted into a more Democratic district to give them easy elections and keep them around. But they were so used to voting conservative that they literally couldn't become liberal enough for their new districts.

Redistricting was designed to help these two, but they couldn't have it both ways. They couldn't have both the easy elections they wanted, AND vote the conservative way they wanted to. They voted their old districts perfectly but couldn't seem to make the transition to their new district. Well, that likely means two more progressive Dems from the Columbia-area.

Indeed Delegates DeBoy and Malone are both Democrats but over time have built relatively conservative voting records for Maryland Democrats. Notably, their current district includes parts of Baltimore and Howard counties, but starting in the 2014 election cycle their two seats will be merged with the far more liberal District 12B to create a new three-member House of Delegates District 12. Most importantly, the new D12 is projected to be dominated by the liberal Democrats in Columbia, Maryland. A second anonymous source remarked to Maryland Juice: "I think they saw the writing on the wall."

CONSERVATIVE VOTING RECORDS ENDANGER INCUMBENT DEMOCRATS: The writing on the wall in this instance was that DeBoy and Malone's voting records were clearly out-of-step with the new District 12. Delegate Steve DeBoy voted against the Dream Act, marriage equality, death penalty repeal, the gas tax, gun regulations, and drivers licenses for undocumented residents. Similarly, Delegate James Malone voted against the Dream Act, death penalty repeal, gun regulations, and the gas tax.

Given these voting records, the potential challenges facing DeBoy and Malone were becoming more real every day. After all, when Del. Bobo announced her retirement last September, almost a dozen candidates' names emerged as possible challengers for the single open District 12 seat. And in recent weeks, one 2014 candidate even began making an issue out of the incumbents' votes on death penalty repeal. Even still, the two conservative Democrats did themselves no favor with their new voters by continuing to vote against progressive issues in the face of these challengers. The race is now on to see what becomes of the new District 12, but one thing is certain: we are likely to see a stampede of HoCo Democrats running for the three open seats in 2014!


JUICE #3: IS STATE SENATOR BOBBY ZIRKIN CONSIDERING RETIRING? - Take the following bit of juice with a grain or two of salt, but several Maryland Juice sources are indicating that State Senator Bobby Zirkin is also weighing a potential retirement in 2014. I'll believe it when I see it, but a few sources swear that the District 11 Democrat sounds like he's serious. To be sure, Zirkin is fairly young for someone rumored to be weighing retirement, but after two terms in the House and two terms in the Senate, he will have been in office for 16 years when his current term ends.

If Zirkin does retire, there could be some interesting dynamics in the race for his seat. District 11 is currently represented by three Democratic members in the House of Delegates: Jon Cardin, Dan Morhaim and Dana Stein. An open Senate seat could provide Delegate Cardin a fall-back plan for his 2014 Attorney General run -- but sources seem to think that is an unlikely path for Cardin. Maryland Juice will be keeping an eye on a possible Zirkin retirement!


JUICE #4: TEA PARTY DELEGATE DON DWYER RAFFLING AK-47 AND AR-15 RIFLES FOR 2014 FUNDRAISER - Tea Party Delegate Don Dwyer faces a difficult re-election in 2014. First, redistricting drew him into an inhospitable new district, and then he was involved in a drunk boating accident that left several children injured. At last check Dwyer was embarking on a quixotic bid to switch parties and try and retain his seat as a Democrat. But Dwyer's latest move might be his strangest stunt yet.

To fundraise for the 2014 cycle, Dwyer is now raffling the now notorious AK-47 and AR-15 rifles that were recently banned in Maryland. He is hosting the event before the state's new gun regulations take effect, so for $10 Dwyer's supporters have a chance to take him assault weapons. ABC News reported on the development (excerpt below):

ABC NEWS: Maryland Delegate Don Dwyer has announced a fundraising event in support of guns rights and his re-election campaign. As part of the event he is selling raffle tickets for an AR-15 and AK-47. Tickets for the assault riffles are available for $10 and can even be purchased online.

 Check out the following screencap from Don Dwyer's fundraising website:

JUICE #5: BALTIMORE'S BEST DEMOCRATIC CLUB HOSTS 2014 ATTORNEY GENERAL CANDIDATES FORUM - Baltimore's "B.E.S.T. Democratic Club is hosting a forum with candidates for 2014 Attorney General on June 6, 2013. See the event announcement below:

BEST DEMOCRATIC CLUB: We hope to see everyone at the next general meeting which will be June 6, 2013 from 6:00 P.M. – 9:00 P.M. The location is 4709 Harford Road, Baltimore, MD 21214. The theme for this meeting is “The Attorney General Round Table” where we have invited all those that are running for the Maryland Attorney General seat to have a discussion with Baltimore.

Invited Guest

Delegate Aisha Braveboy
Delegate Jon Cardin - Confirmed
Delegate Bill Frick - Confirmed
Senator Brian Frosh

MORE ON THE 2014 BATTLE SOON!

JuiceBlender: Tea Partier Don Dwyer Considers Joining Dems, Gansler Attacks Iran, Cardin Staffs Up for AG, Tom Perez Rises

UPDATE: A spokesperson for Congressman John Delaney denies that his boss has reversed course on previous promises not to cut social security. Maryland Juice readers had pointed out that Delaney pledged not to cut social security while on the campaign trail, but that he is now seeking to raise the age for social security eligibility (along with other changes). Delaney's camp is arguing that he has always been publicly in favor of such alterations to social security.

It seems the confusion may be because Delaney doesn't consider changes like increasing the retirement age to be a "cut" to social security. Fair enough, I guess. But even taking this argument at face value, a visitor to Delaney's website would likely not catch this sort of nuance without also reading the fine print (aka additional newspaper coverage of his campaign statements). In any case, you can see Congressman John Delaney's response below:

SPOKESMAN FOR JOHN DELANEY: Saw your post. I would disagree with your characterization that Congressman Delaney is “reversing a campaign promise.” From the very beginning he’s been a strong supporter of Simpson-Bowles, which includes entitlement reforms and cost of living adjustments. This was literally in the very first stories about John as an official candidate (see John Fritze’s story in the Baltimore Sun, 1/4/12) and was discussed frequently during the primary and the general election. John’s specific support for entitlement reform, was covered in the Washington Post’s (3/10/12) primary endorsement as well, which was something we distributed widely during the campaign.

Congressman Delaney does not want to cut Social Security. Like President Obama and Leader Pelosi have also stated, as part of a grand bargain he does believe changing the cost of living adjustment should be on the table and the fact is changing the cost of living adjustment isn’t a cut, it remains a net increase. We’re in an environment with folks who want to privatize, voucherize, and truly cut our safety net. John is against this and he wants to make sure these programs can be sustained and that we can continue to make other needed investments in education, infrastructure, etc.

Below Maryland Juice highlights several brief tidbits that may be of interest to Free State politicos:

JUICE #1: TEA PARTY DELEGATE DON DWYER CONSIDERS SWITCHING TO DEMOCRATS - Eye on Annapolis is reporting on the astonishing news that Tea Party Delegate Don Dwyer is considering switching parties! The embattled Republican lawmaker is facing criminal charges due to his involvement in a drunk boating accident that injured children. Now it seems he is considering running for re-election as a Democrat (excerpt below):

EYE ON ANNAPOLIS: Conservative Republican Don Dwyer is considering switching parties in a move he has dubbed “Operation DINO–Democrats In Name Only.  Citing frustrations, Dwyer asked his Facebook audience if they would still support him and his conservative values if he switched parties.  The thought process was to upset the status-quo in the primary elections which tend to determine the make up of the General Assembly for Democrats....

Here is a screencap from Del. Don Dwyer's Facebook page confirming the news:

STRING OF PROBLEMS FACING MARYLAND REPUBLICANS - Dwyer's attempted rebirth as a Democrat is the latest sign that the Maryland Republican Party may be in severe turmoil. Earlier this month, the conservative bloggers at Red Maryland reported that MD GOP Party Chair Alex Mooney left the state to seek public office in West Virginia (excerpt below):

RED MARYLAND: Sources in West Virginia have confirmed to me that Alex Mooney, who until February 21st was the Chairman of the Maryland Republican Party, has moved to Berkeley Springs, West Virginia.

He intends to run for Congress there in the 2nd district seat being vacated by Representative Shelley Moore Capito, who is running for the U.S. Senate...

TEA PARTY CALLS FOR A THIRD PARTY IN MARYLAND - A final piece of evidence that the Maryland GOP may be in serious trouble is that Tea Party members are now calling for a third party alternative to the Republican Party. Potomac Tea Party Report blogger Ann Corcoran drafted a call to action last month, titled, "It's time for a new political party, let's try it in Maryland." The Maryland Tea Party writer noted, "Democrat and Republican leaders are too busy wheeling and dealing in their crony capitalism cabal to care about us." Check out an excerpt from her post below:

POTOMAC TEA PARTY REPORT: It’s time for a new political party, let’s try it in Maryland. Come on!  What have we got to lose in this state! I can just hear the wailing and the gnashing of teeth out there from all of you who find the concept anathema.  But, our situation is dire, perhaps as dire as when the founders signed the Declaration of Independence....

...there is no hope for our situation short of a new political party that welcomes all those who no longer feel represented, who feel that the special interests joined with the political class in Washington and in state capitals (Annapolis!) do not have the best interests at heart of the country class person who is completely disrespected by most of our representatives in government.... Democrat and Republican leaders are too busy wheeling and dealing in their crony capitalism cabal to care about us.

Frankly, I’ve listened for the last four years about how the country class needs to take over the Republican Party from within and I don’t see it happening (admittedly I have no stomach for it myself!).   It’s time to try something else.  And, I don’t mind being the whipping boy for suggesting it because I have nothing to personally gain or lose by doing so. I don’t need to be popular. Scream and shout!  Hate me all you want—it’s time to give the Republican Party some “brutal image”—a revolution! .... Now!  Who would like to step up and lead us?

JUICE #2: ATTORNEY GENERAL DOUG GANSLER CAMPAIGNS FOR 2014 GOVERNOR BY INVOKING IRANIAN THREAT - Maryland Juice recently stumbled upon a peculiar op. ed. by Attorney General Doug Gansler that appeared in the Wall Street Journal earlier this month. The 2014 Democratic Primary candidate appears to be campaigning for Maryland Governor by invoking threats from the Iranian government (excerpt below):

DOUG GANSLER (VIA WALL STREET JOURNAL): Despite partisan divides, Americans consistently unite to defend against threats to national security. Chief among those threats is Iran, which has ignored repeated international calls for peace and instead pursued its nuclear-weapons capability and sponsored terrorist plots against the United States and its allies.

At the federal level, the threat of a nuclear-armed state sponsor of terror has brought nearly every member of Congress together to take action. In 2010, by a vote of 408-8 in the House and 99-0 in the Senate, Congress passed the Comprehensive Iran Sanctions, Accountability, and Divestment Act, which allows the U.S. to apply greater economic pressure on the Iranian regime. Cisada, as it is called, has been a powerful federal tool, but still more must be done....

As the lawyers for state pension funds and the defenders of state consumer pocketbooks, states' attorneys general should be doing all we can to protect state citizens from unnecessary financial risk. As the states' chief law-enforcement officers, we should be fighting lawlessness whenever it ensnares our states.

Coordinated state-level sanctions against Iran will disentangle state economies from Iran's harmful regime and increase pressure on companies to stop operating in Iran until its government changes its ways....

JUICE #3: DELEGATE JON CARDIN BEGINS STAFFING UP FOR 2014 ATTORNEY GENERAL RACE - Maryland Juice recently stumbled a job announcement from Delegate Jon Cardin indicating he is now staffing up for the 2014 Attorney General Race:

JON CARDIN JOB POSTING: Maryland State Delegate Jon Cardin Hiring Full-Time Campaign / Finance Staff Persons For 2014 Campaign For Attorney General of Maryland - Maryland and Washington DC

Responsibilities include:

• Traveling and working directly with the Candidate
• Organizing and coordinating events
• Compiling and analyzing data, research
• Developing and implementing strategic plans

Applicants for this position must:

• Have excellent communication skills
• Be able to write clearly and concisely
• Be able to balance and prioritize multiple projects
• Have proven organizational skills
• Be personable and enjoy working with others
• Be comfortable communicating on the telephone
• Ideally, have database experience

JUICE #4: OBAMA APPOINTS FORMER MOCO COUNCILMEMBER TOM PEREZ TO SERVE AS LABOR SECRETARY // WATCH VIDEO - A few days ago, President Obama appointed Tom Perez to serve on his cabinet as Labor Secretary. Perez is a former Montgomery County Councilmember who later served as head of Maryland's Department of Labor. Below you can watch President Obama's announcement of his selection of Tom Perez:



JUICE #5: CONGRESSMAN JOHN DELANEY CHANGES POSITION ON SOCIAL SECURITY CUTS - Two Maryland Juice readers have pointed out that newly elected Congressman John Delaney appears to be reversing a campaign promise not to reduce funding for social security. During his 2012 campaign, Delaney stated he was opposed to any cuts to the program:

JOHN DELANEY 2012 - Social Security is a promise, and as your Congressman it’s one I intend to keep.  For more than 75 years, Social Security has remained one of our most important and successful government programs.  Today this program keeps more than 13 million Americans out of poverty. For countless more it makes a middle class retirement possible.  The last thing we need to do is cut a program that has been so successful.

We must preserve this crucial program for future generations without cutting benefits or making radical and irresponsible changes. In Congress, I will defend Social Security and fight any attempts to privatize it.

Only one year later, Congressman John Delaney appears to be going back on his promise to not cut social security. Earlier this month, Delaney wrote an op. ed. in The Huffington Post indicating he's now seeking to cut social security benefits for people like me (excerpt below):

JOHN DELANEY 2013 - In 2010, 13 percent of the population was over 65. By 2030, it will reach nearly 20 percent. This singular fact puts enormous pressure on the federal budget. Left alone, this trend will cause entitlement spending to consume 70 percent of our budget by 2024 and crowd out all of our other priorities. While we debate our fiscal trajectory for the next ten years, we should remember that years 11-20 are even more concerning; this problem gets materially worse after ten years, when entitlement costs increase dramatically....

As Democrats we need to step forward and lead on comprehensive reform of entitlement programs to make them sustainable and affordable across the long term and allow us to invest in our future.... The Simpson Bowles commission proposed specifics -- including raising the cap on taxable income for Social Security, adjustments to retirement age, additional revenue, and a revised cost of living adjustment methodology -- to accomplish this goal....

Regardless of where you fall on the social security debate, it is impossible to ignore that Delaney is now calling for cuts to social security. He calls this proposal "comprehensive reform" that is needed to make the program "sustainable," but either way, that's not what he promised on the campaign trail.


JUICE #6: FOOD SAFETY ADVOCATES CALL ON SENATOR MIKULSKI TO DROP MONSANTO CORPORATE WELFARE - Montgomery County food safety advocates have contacted Maryland Juice to complain about fast-moving legislation in the U.S. Senate that would provide corporate welfare for factory farms using genetically engineered crops. A Maryland Juice reader pointed us in the direction of an action alert from the Center for Food Safety calling on Senator Barbara Mikulski to reject legislative favors for Monsanto, a giant in the factory farming industry:

CENTER FOR FOOD SAFETY: Though wrapped in a “farmer-friendly” package, this corporate welfare earmark is simply a biotech industry ploy to continue to plant [genetically engineered] crops even when a court of law has found they were approved illegally....

This would negate any meaningful judicial review of USDA’s decisions to allow commercialization of [genetically engineered] crops.... Call Senator Mikulski and demand that she pull this dangerous and unconstitutional rider! Call her office at (202) 224-4654 today!

JuiceBlender: Death Penalty Repeal Has Enough Votes, Prince George's Aims to Copyright Kids' Book Reports, Tea Party Sanity

PLUS: Chamber of Commerce Under Fire for Opposing Increase to $7.25/Hour Minimum Wage

Below Maryland Juice highlights updates on several hot-button legislative fights going on in Annapolis:

JUICE#1: MARYLAND DEATH PENALTY REPEAL HAS ENOUGH VOTES TO PASS // SENATORS JOHN ASTLE & RON YOUNG EXPLAIN THEMSELVES - Maryland Juice caught exciting updates on Maryland's death penalty repeal effort in The Washington Post and The Baltimore Sun this week. The two papers reported that State Senators John Astle and Ron Young decided to back death penalty repeal, thereby giving the effort enough support to pass a floor vote in the State Senate (excerpts below):

BALTIMORE SUN: Proponents of repeal of the death penalty have picked up a potentially pivotal vote in the Senate with the decision of Sen. Ronald N. Young of Frederick County to support an end to executions in Maryland....

Young narrowly won election in 2010 in a district that previously sent a conservative Republican to the Senate.  But he said he wasn't concerned about political fallous from his vote.

"My district's not as conservative as some people think it is," he said. "If it's a moral issue. I vote the way I think is right...."

The Washington Post highlighted Sen. John Astle's reasons for supporting repeal of the death penalty, and they also included a full accounting of the twenty-five Senators who we can thank for finally making murder by state employees illegal in Maryland:

WASHINGTON POST: Two more Maryland senators have said they will support a bill to abolish capital punishment, giving the measure backed by Gov. Martin O’Malley (D) more than enough expected votes to clear the chamber.

Sen. John C. Astle (D-Anne Arundel) said in an interview with The Post on Monday that he plans to vote in favor of repealing Maryland’s death penalty. And Sen. Ronald N. Young (D-Frederick) also plans to vote for repeal, The Baltimore Sun reported Monday....

Astle, who is planning to run for re-election next year, said he wasn’t sure how his stance on capital punishment would affect his prospects.

"I’m going to be 70 years old in two months," he said. "If I can’t say what I believe and vote the way I believe, then what good am I?"

Maryland Senate Supporters of Death Penalty Repeal (via Washington Post)

1. John Astle (D-Anne Arundel)
2. Joanne Benson (D-Prince George’s)
3. Joan Carter Conway (D-Baltimore)
4. Ulysses Currie (D-Prince George’s)
5. James DeGrange Sr. (D-Anne Arundel)
6. Bill Ferguson (D-Baltimore)
7. Jennie Forehand (D-Montgomery)
8. Brian  Frosh (D-Montgomery)
9. Lisa Gladden(D-Baltimore)
10. Verna Jones-Rodwell (D-Baltimore)
11. Delores Kelley (D-Baltimore County)
12. Nancy King (D-Montgomery)
13. Richard Madaleno Jr. (D-Montgomery)
14. Roger P. Manno (D-Montgomery)
15. Nathaniel J. McFadden (D-Baltimore)
16. Karen Montgomery (D-Montgomery)
17. Anthony Muse (D-Prince George’s)
18. Douglas J.J. Peters (D-Prince George’s)
19. Paul Pinsky (D-Prince George’s)
20. Catherine Pugh (D-Baltimore)
21. Victor Ramirez (D-Prince George’s)
22. Jamie Raskin (D-Montgomery)
23. Edward Reilly (R-Anne Arundel)
24. Jim Rosapepe (D-Prince George’s)
25. Ronald Young (D-Frederick)

WE'RE NOT THERE YET // ATTEND A PUBLIC HEARING ON VALENTINE'S DAY - Even though the votes are lining up in the Maryland Senate, there's still a lot of game left in this fight. Maryland Citizens Against State Executions is asking supporters to flood the state legislature for public hearings on Valentine's Day, February 14th:

MD CASE: On February 14 two important hearings will happen on the bill to abolish Maryland's death penalty. We need to fill both rooms (simultaneously) to show the legislators how important it is that death penalty repeal happen THIS YEAR!

Governor Martin O'Malley is expected to lead off the testimony in both houses, so there will be lots of press, and lots of energy and excitement.

We hope you can be there to witness history in the making!

When: 1PM, Thursday Feb. 14  (arrive by 12:30 to get through security)

Where: Senate Judicial Proceedings Committee hearing room
2 East Miller Senate Building, 11 Bladen Street,
Annapolis, MD 21401-1991

or

House Judiciary Committee hearing room
Room 100, House Office Building, 6 Bladen Street
Annapolis, MD 21401-1991

Parking: Parking is hard to come by in Annapolis; we advise using Gott's Court Parking Garage, 25 Calvert St., Annapolis, MD 21401. Cost will be around $11.00.

Have questions? Contact our office at 301-779-5230 or email us at info@mdcase.org.  

JUICE#2: PRINCE GEORGE'S COUNTY SCHOOL BOARD TRYING TO CLAIM OWNERSHIP OF COPYRIGHTS FOR STUDENT ART AND BOOK REPORTS - The Washington Post recently raised red flags about an alarming proposal being debated at the Prince George's County Board of Education. Apparently the school system is seriously thinking about trying to claim they own the copyright to things including school children's art and book reports (excerpt below):

WASHINGTON POST: A proposal by the Prince George’s County Board of Education to copyright work created by staff and students for school could mean that a picture drawn by a first-grader, a lesson plan developed by a teacher or an app created by a teen would belong to the school system, not the individual.

The measure has some worried that by the system claiming ownership to the work of others, creativity could be stifled and there would be little incentive to come up with innovative ways to educate students. Some have questioned the legality of the proposal as it relates to students.

"There is something inherently wrong with that," David Cahn, an education activist who regularly attends county school board meetings, said before the board’s vote to consider the policy....

After having fought greedy copyright trolls in Congress and also having them attack this blog, I can personally attest to the rampant abuse of the spirit of copyright law today. I seriously hope the Prince George's school board members reject this ridiculous proposal. What kind of a lesson are we trying to teach our kids? P.S. Some folks I know have started a website to petition against this effort: www.DontCopyrightMe.com

JUICE#3: OMG, MARYLAND JUICE SUPPORTS LEGISLATION SPONSORED BY TEA PARTIERS // WHERE IS THE DEMOCRATIC PARTY ON CIVIL LIBERTIES? -  They say a stopped watch is still correct twice a day, and on certain civil liberties that saying may apply to the Tea Party. Maryland Juice recently stumbled upon legislation (HB558) being sponsored by Tea Party members that I actually support. Drunk-boating, anti-gay lawmaker Don Dwyer and a handful of Republican Delegates are sponsoring the "Maryland Liberty Preservation Act of 2013" which would prohibit state agencies and employees from aiding the United States in detaining people under the National Defense Authorization Act. Specifically, the lawmakers appear to be attempting to protect Marylanders from being unconstitutionally detained without trail by the Feds:

ACLU CALLS INDEFINITE DETENTION OF CITIZENS UNCONSTITUTIONAL: As we have previously noted, Democrats in Congress have been continuing high profile Bush/Ashcroft-era assaults on civil liberties under the well-worn and vague justification of fighting terrorism. The group of Maryland Republicans are specifically protesting the U.S. government's claims that it can indefinitely detain citizens without trial, and they are trying to prohibit our state from participating. The ACLU thinks the U.S. government's actions are unconstitutional:

ACLU:  In December 2011, President Obama signed the 2012 NDAA, codifying indefinite military detention without charge or trial into law for the first time in American history. The NDAA's dangerous detention provisions would authorize the president - and all future presidents - to order the military to pick up and indefinitely imprison people captured anywhere in the world, far from any battlefield. The ACLU will fight worldwide detention authority wherever we can, be it in court, in Congress, or internationally.

Under the Bush administration, similar claims of worldwide detention authority were used to hold even a U.S. citizen detained on U.S. soil in military custody, and many in Congress now assert that the NDAA should be used in the same way again. The ACLU believes that any military detention of American citizens or others within the United States is unconstitutional and illegal, including under the NDAA. In addition, the breadth of the NDAA’s detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war....

CONGRESS GUTS EFFORTS TO BAN INDEFINITE DETENTION OF U.S. CITIZENS WITHOUT TRIAL - The Huffington Post reported that last December, Senator Diane Feinstein tried to fix this assault on our constitutional rights, but the effort was gutted and watered-down in typical Congressional fashion (excerpt below):

HUFFINGTON POST: Congress stripped a provision Tuesday from a defense bill that aimed to shield Americans from the possibility of being imprisoned indefinitely without trial by the military. The provision was replaced with a passage that appears to give citizens little protection from indefinite detention.

The amendment to the National Defense Authorization Act of 2013 was added by Sen. Dianne Feinstein (D-Calif.), but there was no similar language in the version of the bill that passed the House, and it was dumped from the final bill released Tuesday after a conference committee from both chambers worked out a unified measure.

It declared that "An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention...."

The new provision appears to do little, because the Supreme Court has already declared that the writ of habeas corpus -- requiring that someone be presented to a judge -- applies to all people. The more difficult part of whether people deserve a trial remains unsettled, and the new provision does not appear to resolve it....

WHEREFORE ART THOU DEMOCRATIC CIVIL LIBERTARIANS? // REJECT JOHN BRENNAN AS CIA CHIEF - Meanwhile, Obama has also nominated a CIA chief (John Brennan) who believes that the U.S. government has the right to kill American citizens in drone strikes, with the flimsiest of evidence:

DANA MILBANK (VIA WASHINGTON POST): Brennan is the architect of the drone warfare program, an extraordinary assertion of the executive’s powers. In this new, hidden warfare, unelected officials, without the blessing of a court, or anything else, order killings of suspected terrorists - even American citizens, perhaps on U.S. soil.

It’s an expansion of presidential authority crying out for congressional oversight, and this week was the Senate’s big chance to explore in public the policy of targeted killing using unmanned aircraft. But the only drones in evidence Thursday afternoon at Brennan’s confirmation hearing were the lawmakers on the dais. 

Did the Democratic protection of civil liberties end with Sen. Russ Feingold's departure from the Senate? It seems increasingly true that the libertarian right is far more vocal about protecting individual liberties than my fellow Democrats. Things that make you go hmm.


JUICE#4: MARYLAND JUICE OFFERS $30 REWARD FOR A MIKE MILLER 3D STATUE - Bryan Sears at the Towson Patch reported yesterday that legislators in Annapolis had the opportunity to witness a demonstration of 3D printing technology by making small statues of State Senators. Sears also noted that Maryland Juice was interested in acquiring a Mike Miller statue (seriously, I am interested!):

PATCH: It's not a statue in front of the office building that bares his name but Senate President Thomas V. Mike Miller did receive a bust of himself this week courtesy of the Regional Manufacturing Institute....

The technology is similar to what was used in a scene of Jurassic Park 3 where a copy of a velociraptor's larynx was recreated. The institute offered legislators in Annapolis the opportunity to have themselves scanned into a computer and get busts of themselves....

David Moon at Maryland Juice issued a $30 reward for anyone who could procure him a bust of the Senate president. No word on if he's landed one.....

REWARD IF FOUND: If you are one of the owners of a rare Mike Miller 3D statue, I am offering a $30 bounty: david@marylandjuice.com.


JUICE#5: ADVOCATES FOR MINIMUM WAGE HIKE CHALLENGE CHAMBER OF COMMERCE CHIEF TO TRY LIVING ON $7.25/HOUR - The Baltimore Business Journal reports that advocates of a minimum wage are challenging the head of the Maryland Chamber of Commerce to actually try living on the current $7.25/hour rate (excerpt below):

BALTIMORE BUSINESS JOURNAL: Raise Maryland, a group supporting an increase in Maryland’s minimum wage, wants Kathleen Snyder, CEO of the Maryland Chamber of Commerce, to spend a day living as a minimum-wage worker.

The Chamber opposes the concept of raising the hourly minimum wage in Maryland from the current $7.25 an hour, said Mathew Palmer, a lobbyist for the Chamber....

Raise Maryland said Snyder should spend a day riding public transportation to work, bringing her lunch to work and buying clothes and other necessities on layaway, as minimum-wage workers do, according to a statement from the organization....

Nineteen states and Washington, D.C., have higher minimum wages than Maryland, said Matthew Hanson, campaign coordinator for Raise Maryland.

Maryland Juice also noticed a photo on @RaiseMaryland's Twitter feed showing them protesting for a minimum wage hike outside of the Maryland Chamber of Commerce office:

JuiceBlender: Don Dwyer Blames Boating Accident on Gay Marriage, O'Malley Prioritizes Death Penalty, Greg Hall Update

Below Maryland Juice highlights a few articles that may be of interest to Free State politicos, starting with some amazingly disingenuous excuses from Tea Party lawmaker Don Dwyer:

JUICE #1: MARYLAND GOP LAWMAKER DON DWYER BLAMES DRUNK BOATING ACCIDENT ON MARRIAGE EQUALITY - Media figures are beginning to highlight (and deride) amazing comments that Delegate Don Dwyer made about his drunk boating accident. As you may recall, Dwyer (a supposed "family values" -- read: anti-gay -- politician) admitted being trashed on booze when he crashed his boat, resulting in an accident that left several children seriously injured. Now he's blaming the accident on marriage equality (translation: blaming it on the gays): The Washington Blade reported on Dwyer's outrageous comments (excerpt below):

WASHINGTON BLADE: A Maryland lawmaker told a local newspaper last week that legislators who voted for the state’s same-sex marriage bill contributed to his alcohol abuse. Delegate Don Dwyer (R-Anne Arundel County) told the Maryland Gazette in an interview the newspaper posted to its website on Saturday that he felt “betrayed” when Dels. Wade Koch (R-Baltimore County) and Robert Costa (R-Anne Arundel County) and then-Del. Tiffany Alston (D-Prince George’s County) in Feb. 2012 backed for the measure that Gov. Martin O’Malley eventually signed into law....

Dwyer's attempt to blame his drunk boating accident on marriage equality was met with derision on the Internet, as best represented by the following headline on the Wonkette blog: Drunky Maryland Pol: Gay Marriage Crashed That Boat, Injured That 5-Year-Old Girl (excerpt below):

WONKETTE: It is not funny that Maryland Delegate Don Dwyer drunkenly crashed his boat last year, fracturing the skull of a five-year-old girl. But it is funny that he is blaming gay marriage for the alcoholism that made him drunkenly crash his boat last year, fracturing the skull of a five-year-old girl! Oh, did we say “funny”?...

DC101 DJ Mike Jones commented on the radio station's Facebook page: "The Maryland gay marriage vote caused him to drink. Could be the biggest BS politician excuse I've ever heard. -mike jones"

SOURCE: Facebook.

JUICE #2: O'MALLEY TO MAKE DEATH PENALTY REPEAL A LEGISLATIVE PRIORITY - The likelihood of finally banning government executions in Maryland increased greatly this week. News outlets and advocates are reporting that Gov. Martin O’Malley will sponsor death penalty repeal legislation and put the weight of his office behind the effort in Annapolis. Check out the following report from The Death Penalty Information Center (excerpt below):

DEATH PENALTY INFORMATION CENTER: On January 15 at a press conference with leaders of the NAACP, Maryland's Governor Martin O'Malley announced he will be making the repeal of capital punishment a priority in the upcoming legislative session and will submit a repeal bill to the legislature later this week. Among the concerns about the death penalty expressed by the governor were its high costs and the lack of any benefit to society: "Is it worth wasting taxpayer dollars on a policy that does not work?" Senate President Mike Miller, who supports the death penalty, said the bill will be given a vote in the full Senate and will likely pass this year. Maryland has not had an execution or death sentence since 2005, and the state's lethal injection procedures have not been approved by the courts.

The Washington Post highlighted the potential impact of O'Malley's leadership on the issue (excerpt below):

WASHINGTON POST: Though the governor’s decision does not guarantee passage, “it makes a huge difference,” said Sen. Brian E. Frosh (D-Montgomery), chairman of the Judicial Proceedings Committee, where repeal bills have stalled in past years....

A repeal “can’t get done without the governor, and having his active engagement will be vital,” said Frosh, who favors the abolishment of capital punishment.

With O’Malley’s name on the bill, it is certain to get heightened media attention, as well as the focus of a team of lobbyists employed by the governor’s office and personal attention from O’Malley himself....

JUICE #3: PRINCE GEORGE'S DEMOCRATS RETRACT GREG HALL'S NOMINATION FOR TIFFANY ALSTON'S DELEGATE SEAT  //  3 NEW NAMES SUBMITTED - The unusual saga surrounding efforts to appoint a replacement for former Delegate Tiffany Alston (District 24) lurched forward today. As you may recall, the Prince George's Democratic Central Committee's (PGDCC) choice for the seat was activist Greg Hall. But news of Hall's dark past gave some PGDCC members pause and last night they voted to revoke his nomination. The Prince George's Democrats also forwarded three new names to Gov. O'Malley. Check out the report from The Gazette (excerpt below):

GAZETTE: The Prince George's County Democratic Central Committee revoked its nominee to fill a vacant delegate seat Tuesday night, leaving the task of filling the seat firmly in the hands of the governor.

In a contentious meeting that saw Greg Hall, the committee's original choice, trading barbs with committee Chair Terry Speigner, the committee put forward three non-binding recommendations that Gov. Martin O'Malley (D) is free to disregard if he chooses....

"At the end of the day, the governor gets what he wants, and Prince George's County once again gets screwed," Hall said....

The Washington Post described the three new nominees for the District 24 seat as follows (excerpt below):

WASHINGTON POST: O'Malley's spokeswoman Raquel Guillory said the governor "will take into consideration" the panel's recommendations. They are: Vicky L. Orem, an orphans' court judge; Clayton Aarons, an attorney; and Phillip Raines, a defense contractor.

Photo Sources: Gazette, Twitter