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Wednesday, April 30

U.S. Harry Reid embarasses himself on polygamy
by
James
on Wed 30 Apr 2008 02:40 PM PDT
U.S. Sen. Harry Reid (D-Nev) may or may not be a good U.S.Senator (a matter no doubt firmly lodged in the eye of the beholder), but he certainly was wrong when he attacked AG's Mark Shurtleff (R-Ut) and Terry Goddard (D-Az) on their prosecutions of polygamous activities. Speaking on a radio station, he stated that both AG's were "afraid" of prosecuting cases because of the "political clout" of supporters of polygamy. Reid is now wisely scrambling to retract his irresponsible statements. Because he is the Senate Majority Leader and is apparently important to getting the U.S. Dept. of Justice to get do its job of prosecuting federal crimes that are occuring within the polygamous community (estimated at 60,000 in the states of Utah and Az.), let's hope that everyone gets back together.
Sen. Reid isn't the first federal politician to not understand how prosecutors make decisions. Deeply engrossed in a DC based culture of partisanship and cheap shots, it is hard for them to believe that there really are elected officials - like Shurtleff and Goddard - who call it straight.
I suggest that Sen. Reid spend sometime with his colleagues who have serious prosecutorial experience - Sens. Lieberman, Cornyn, Salazar, Pryor, Sessions, Kloblchar, Kerry and Leahy - before he next opines on the job of bringing tough cases. If he does, we will all live in a better country.
Monday, April 28

Lenders Fight Regulation and an honest response
by
James
on Mon 28 Apr 2008 05:44 PM PDT
Today's papers carry the story that while mortgage lenders acknowledge the on going disaster, they battle even the smalled attempt at regulation. In response, former Iowa AAG Kathleen Keest, who not is a sr. policy counsel at the Center for Responsible Lending, was quoted in the NYT as saying: "The Fed has accurately diagnosed that this is a brain tumor and responded by prescribing an asprin....in the industry, there is a fair amount of denial. They just don't get it. There is a calamity within the industry, and they don't have a new script yet, so they rely on the old script, which is that regulation will raise costs."
"What we now see is that the unintended consequences of deregulation are worse. Their line is that regulation will cut back access to credit. That's been their line ever since the small loan laws were adopted in the early 1900's."
A
Friday, April 25

AG's who supervise DA's
by
James
on Fri 25 Apr 2008 04:18 AM PDT
Ut AG Mark Shurtleff's office is investigating allegations of impropriety by a former District Atty. While the former DA supports the review, he questions whether the AG's office will be impartial because the AG personally had politically supported someone else for the DA slot. In these overly harsh times (and in the wake of the Gonzales administration where a few US Attys. were rewarded or penalized for how they handled politically sensitve matters), it is not irrational to question whether an AG's office can rise above prior political relationships to do what is right.
I cannot vouch for every AG in every state, but I can say that historially AG's have overwhelmingly done the right thing on these sorts of cases. Only a prosecutor can really oversee another prosecutor, and the alternatives to the AG's office - a special prosecutor, another DA or the feds - pose far greater problems for us all than the professionals in an AG office.
As for this case and the Utah AG? My knowledge of Shurtleff and his staff leads me to conclude that there is no question that this one will be done by the book.
Thursday, April 10

Ministers and Congregants
by
James
on Thu 10 Apr 2008 09:34 AM PDT
http://www.revtierneyeliot.net/?p=113
I am attaching a post by my oldest son, Adam, who is a UCC Minister in Natick, Ma. As you can see, Adam rejected my legal profession and became a very thoughtful man of the cloth. His perspective is relevant to the on-going debate on Rev Wright and Sen Obama.
Individuals choose their spiritual leaders for many reasons that - shocking as that may be - have nothing to do with politics and, I believe, that deeply personal choice should be respected even should that person seek public office. The concept that individuals should stay or leave a congregration based on the politics of the Minister is wrong and strikes at the heart of many American values. Practically speaking, holding elected officials to the political views of their Ministers isn't exactly a grand way to get politicians in the pews!
I received a call yesterday from a dear friend who is a former attorney general. He said that reading Adam's blog took him back to his childhood when his Minister dad regularly urged his congregation to accept radical views and take steps that were then illegal. They disagreed with him, of course, but they defended him against outside attacks because he had stood with them in thier darkest and brightest times. He loved them and they loved him.
His dad?
An integrationist, white minister in Mississippi in the 1950's and 1960's.
Friday, April 4

Non-Profit Hospitals and the Profits they make - a role for AG's?
by
James
on Fri 04 Apr 2008 12:14 PM PDT
Todays's Wall Street Journal ran a front page story that begins:
"No nprofit hospitals, originally set up to serve the poor, have transformed themselves into profit machines. And as the money rolls in, the large tax breaks they receive are drawing fire.
Riding gains from investment portfolios and enjoying the pricing power that came from a decade of mergers, many nonprofit hospitals have seen earnings soar in recent years. The combined net income of the 50 largest nonprofit hospitals jumped nearly eight-fold to $4.27 billion between 2001 and 2006, according to a Wall Street Journal analysis of data from the American Hospital Directory."
A few AG's have been active in the area of posting and/or nudging the community benefits required by the laws that grant non-profit hospitals their unique status. In January, Montana AG Mike McGrath posted the results of a statewide survey where some hospitals looked like saints and some like sinners. (Montana Hospitals Report (PDF)) In Ma, the last three AG's have required hospitals to post community benefit statements. ( Attorney General's Community Benefits Guidelines )
Most AG's, however, do nothing.
Being hit on the front page of the WSJ is not a good thing. I cannot imagine that both the hospitals and the AG's will not be addressing this issue in the immediate future. If they do not, then the next Congress will not be as reticent at this one.
As one former AG said to me in an email after reading the story, "ouch!"
"Ouch," indeed.
Thursday, April 3

EPA ingnores the AG's, the law and the Supreme Court on Global Warming
by
James
on Thu 03 Apr 2008 11:19 AM PDT
It has been a year since the U.S. Supreme Court upheld the right of states represented by their AG's to sue the U. S. Environmental Protection Agency to get environmental protection. The flatearthers who currently run the EPA are busy typing up resumes to return to private practice and corporate consulting, so 18 AG's filed yet another petition saying the obvious - that the EPA has done nothing - and once again asked the DC Circuit to order administrative action to regulare gas emissons including carbon dioxide from cars.
The AG's in this action are again led by Ma. AG Martha Coaxley who is joined by the AG's of Arizona, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and the District of Columbia, plus representatives of the Pennsylvania Department of Environmental Protection and the cities of New York and Baltimore, and several environmental organizations.
Join me in contemplating the simpicity of it all.
The Bush Admindistration ignores its staff and internal scientic conclusions and at the request of coprorate interests refuses to carry out the law. Soverign states sue their own government and our highest court orders the EPA to carry out the law. The EPA refuses.
If I were still teaching high school civics, could someone please draw me a lesson plan that is consistent with our laws and constitution?
Wednesday, April 2

Ma AG Takes on Insurance Comm over rate comparison site.
by
James
on Wed 02 Apr 2008 06:35 AM PDT
Ma AG Martha Coakley has criticized a web site run by the state insurance department that is intended to inform state consumers about where to get the best rates for car insurance. Coakley stated that the site is only 20 to 40 percent accurate.
Coakley and consumer advocates have been very critical of the Bay State's move toward a deregulated system of auto insurance rates and the AG office and the Insurance Department, who the AG represents in litigation, have clashed repeatedly over the issue.
"The Web site as it is currently maintained is not only not helpful, it's misleading," Coakley said , and the Insurance Commissionsor responded that she would take Coakely's comments "very seriously" and would meet with her soon.
Today's dust up in another example of how an attorney general is able to take positions potentially adverse to agency "clients."
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