Indianapolis Sues Carmel Over 96th Street Roundabouts

The Indianapolis Star reports:

Indianapolis has filed a lawsuit to prevent Carmel from building several roundabouts  along 96th on the cities' shared border.  

The argument started when Indianapolis City-County Councilwoman Christine Scales refused to sign an agreement to allow Carmel to build roundabouts at the intersections with Hazel Dell Parkway, Gray Road, Delegates Row and Randall Drive. As the district

representative, Indianapolis followed her lead.  

After he couldn't get Scales to change her mind, Mayor Jim Brainard in March told IndyStar he would build the roundabouts regardless of whether Indianapolis agreed to the plans. 

Indianapolis filed the lawsuit this month, arguing Carmel has no authority to buy right of way or do roadwork in Indianapolis city limits without permission. Boone County Judge Matthew Kincaid will hear the case to avoid a conflict of interest with Marion or Hamilton county judges. 

The article goes on to quote Carmel Mayor Jim Brainard that under state law Carmel has the authority to maintain roads on its southern border.  It is not clear that provision though would include construction of a completely new intersection which involves crossing over into another city to do so.

The article also quotes Councilor Scales who notes the opposition of business owners to the project.

I've long said that the construction of roundabouts is the best thing Carmel Mayor Jim Brainard has done in office.  I used to work in Carmel pre-roundabouts and traffic congestion was horrible.  Not so any more.  But drive in Carmel today and it appears that a few well-placed roundabouts has given way to an obsession.   You can hardly drive in Carmel today without encountering scores of roundabouts, many of which are on lightly traveled roads where a stop sign might be more appropriate.  On the other end, there are extremely busy intersections in which a stoplight would be better.   Indianapolis should have the right to say "no" to the Carmel's obsession with roundabouts.

Georgia Special Election Portends What the "Trump Effect" Will Be on GOP-Leaning Congressional Districts in 2018

Today voters in the northern Atlanta suburbs go to the polls to vote in a special election, the most expensive congressional race in history.  Democrat Jon Ossoff faces Republican Karen Handel in the battle to replace former congressman and current Secretary of Health and Human Services Secretary Tom Price in Georgia House District #6.  Both parties, but especially Democrats, have poured money into the competition for a district that Price won by 23% in 2016, but President Trump only carried by 1%. The national media is focusing on the race as a referendum on Trump.  Republicans have won previous GOP-leaning special districts this year, but in every instance the Republican share of the vote has been substantially down over previous years.

The Real Clear Politics average of polls show Handel with a .2% lead.  Obviously a dead heat.



Karen Handel

Is too much made of this special election as a referendum on President Trump?  Certainly too much is based on who wins or loses.  If Handel, for example, wins by a handful of votes instead of losing by a handful of votes, there shouldn't be too much read into the result. However, the GOP is having to defend this heavily Republican seat is a significant development, apart from the actual result that rolls in tonight.  It should be noted that Georgia HD #6 has a highly education population.  Indeed it is in the top 10 in that measure.  The other nine congressional districts with the most educated populations are represented by Democrats.  There was a time when the more education one had, the more likely a person would be a Republican.  That appears to be changing.

While far from an inspiring candidate, Handel's moderately conservative views better fit the district than the bland Ossoff.  Politically, Ossoff, who is only 30 years old, is a traditional liberal who would be much better suited for a Democratic-leaning congressional district in Massachusetts or California, rather than a Republican-leaning district in Georgia.  Even more importantly than his age and liberal views being a handicap in the district, the biggest negative for Ossoff is that he doesn't actually in House District #6. While not a legal requirement, that issue has proven to be a deal-breaker for challengers who have attempted to convince voters they can properly represent a district in which they don't live. 

What I find most remarkable is that the Democrats, despite recruiting an extremely poor candidate for the district, have a real chance of winning tonight. That speaks volumes about the drag that President Trump will be on the Republicans going into the 2018 congressional elections.  Call it the "Trump Effect."

Cabinet Meeting an Embarrassing Spectacle, Puts President Trump's Deep Personal Insecurities on Full Display

From Day 1 of his candidacy, I, and many others, have argued that Donald Trump is temperamentally unfit for the Office of the Presidency.  It seems like very day since then , Donald Trump, now President Trump, finds new ways to prove that assertion correct.  Yesterday was no exception.

On Monday, President Trump held his first cabinet meeting.  He began with a completely false personal assessment of the first nearly five months of his Presidency, which included this whopper of a lie:

"Never has there been a president....with few exceptions...who's passed more legislation, who's done more things than I have."

I can only assume that President Trump doesn't know what the term "legislation" actually means. He apparently thinks it includes the numerous executive orders he's issued, most of which are nothing more than press releases.



But then the cabinet meeting got even more bizarre.   After the President's opening, he prompted each cabinet member to give obviously prepared speeches on how great President Trump is and how fortunate they are to work for such a great man.  The New York Times reports on the spectacle:

“The greatest privilege of my life is to serve as vice president to the president who’s keeping his word to the American people,” Mike Pence said, starting things off.

“I am privileged to be here — deeply honored — and I want to thank you for your commitment to the American workers,” said Alexander Acosta, the secretary of labor.

Sonny Perdue, the agriculture secretary, had just returned from Mississippi and had a message to deliver. “They love you there,” he offered, grinning across the antique table at Mr. Trump.

Reince Priebus, the chief of staff whose job insecurity has been the subject of endless speculation, outdid them all, telling the president — and the assembled news cameras — “We thank you for the opportunity and the blessing to serve your agenda.”

So it went on Monday in the Cabinet Room of the White House, as Mr. Trump transformed a routine meeting of senior members of his government into a mood-boosting, ego-stroking display of support for himself and his agenda. While the president never explicitly asked to be praised, Mr. Pence set the worshipful tone, and Mr. Trump made it clear he liked what he heard.

It is disconcerting that President Trump feels such personal insecurity that he needs to have his ego publicly stroked, especially by members of the cabinet who supposed to be giving him honest advice, not simply being "yes" men and women.

The cabinet is made up of many successful generals, business men and women and government officials.  It is appalling that almost all of them were willing to set aside their pride and integrity, to grovel at the feet of President Trump, kissing his ring.

There were a few exceptions, the most notable being General Jim Mattis, Secretary of Defense, who deviated from the scripted praise of Trump to say it is an "honor to represent the men and women of the Department of Defense, and we are grateful for the sacrifices our people are making in order to strengthen our military so our diplomats always negotiate from a position of strength."   
Trump, who sat next to Mattis, was clearly not pleased.

Polls Show Georgia CD #6 Special Election a Toss-Up

In what is considered the best barometer of politics post-Trump presidency,  the candidates in the special election run-off or Georgia's 6th Congressional District appear to be in a statistical dead heat. The latest poll conducted by WSB-TV/Landmark at the end of June shows Democrat Jon Ossoff leading Republican Karen Handel 49-48, well within the 4.4 margin of error. All other polls reported by Real Clear Politics, except one, show the margin as 2 points are less.  The outlier, a poll conducted by WXIA-TV/Survey USA, in mid-May, showed Ossoff leading by 7 points.

The district was formerly represented by Tom Price who was appointed Secretary of Health and
Human Services by President Donald Trump.  In the 2016 election, Price received 61.6% of the vote. While the Atlanta suburban district is normally reliably Republican, Trump performed poorly in the district barely edging out Democrat Hillary Clinton.

Despite the Republican-leaning nature of the district, Democrats have outspent Republicans in an effort to boost Ossoff.    Ossoff has been called an uninspiring candidate who has been criticized for residing outside the 6th district (Residency in a particular congressional district is not required to be a candidate for that district.)  Ossoff's strategy appears to make the special election, to be held on June 20th, a referendum on Trump who he has tied closely to Handel.

Montana Special Election Shows What Is Wrong With Early Voting

I have never been a fan of early voting, but after last night's debacle in Montana I am dead set against it.

For those who haven't been paying attention, on the eve of a special election Montana GOP congressional candidate Greg Gianforte, "body slammed" Guardian reporter Ben Jacobs who dared to try to ask the candidate about the CBO scoring of the Republican health care plan.  Then to compound matters Gianforte's campaign issued a press release blaming the incident on the reporter. NPR reports:

Gianforte's campaign spokesman claimed in a statement that Jacobs interrupted an interview "without permission, aggressively shoved a recorder in Greg's face, and began

asking badgering questions.

"After asking Jacobs to lower the recorder, Jacobs declined. Greg then attempted to grab the phone that was pushed in his face. Jacobs grabbed Greg's wrist, and spun away from Greg, pushing them both to the ground," Gianforte spokesperson Shane Scanlon said. "It's unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ."

Unfortunately for Gianforte, Jacobs had an audio recording of the altercation and Fox News reporters were nearby waiting to interview Gianforte.  The recording and the Fox reporters contradicted Gianforte's "alternative facts" his campaign tried to spin, namely that Jacobs and not Gianforte instigated the incident.  Gianforte has been charged with misdemeanor assault.

As a result of the attack, several Montana newspapers immediately revoked their endorsement of Gianforte.  But the wannabe thug will probably get elected to Congress despite widespread negative publicity the day before the election.  Why?  Because close to 70% of Montanans have already cast their ballot due to the state's liberal early voting laws.

I am not against making voting easier.  In fact, I am a strong supporter of vote centers, which would allow voters to cast ballots at any county voting location on Election Day.  As far as early voting, that reform has not been shown to increase participation, but only changes when people who are going to vote cast their ballots.  But the negative is that early voting results in people casting ballots long before the campaign narrative has played out  It is like allowing jurors to cast votes in a trial before all the evidence is in.  Well, in politics, all the evidence is not in until Election Day.  Sadly 70% of Montana voters are stuck with a choice many of them now regret.

Hopefully, the Gianforte experience will help put the brakes on early voting.

Carmel Mayor Crashes City Vehicle...Again

The Indianapolis Star reports:

[Carmel} Mayor Jim Brainard crashed his city-provided 2017 Ford Fusion hybrid into another motorist last month, IndyStar has learned. 

No one was injured or cited in the crash, although the driver of the vehicle Brainard hit faces a charge for driving without a license. 

Carmel Mayor Jim Brainard

Brainard was driving northbound on 3rd Avenue SW around 2 p.m. April 20 when he crossed the center line along the curve north of Carmel Drive, according to the Carmel Police Department report. Jose Guzman Uribe, 36, Indianapolis, was driving southbound in a 2006 Chevy Silverado hauling a trailer for his lawn-mowing business. Brainard crashed into the trailer. 

The mayor told police he was feeling fatigued before he crossed the center line, according to the report. 

... 

[Carmel Spokeswoman Nancy Heck] said city employees are required to submit to a drug and alcohol screen in crashes while driving city vehicles, if there is injury or a vehicle was towed. Brainard's car was towed, but Heck said elected officials are exempt from the rule. She said the responding officer can choose to administer a test if he or she feels it's warranted. Lt. Joe Bickel, Carmel Police Department's public information officer, said it is up to the officer at the scene to decide whether to conduct a sobriety test or cite a motorist involved in a crash. In this case, the officer didn't think either was warranted.

... 

It's not Brainard's first crash in a city-provided vehicle. In November 2002, he T-boned a school bus in a 2002 Mercury Mountaineer, while attempting to turn left on 99th Street to Westfield Boulevard. No one was injured, but both vehicles were damaged.

I have questions. First, why did it take more than a month for this accident to be publicly reported? Usually, newspapers monitor public records but maybe it was just missed.  Second, while I take the police at their word that there was no cause for a sobriety test, the fact is Brainard admitted crossing the center line which is plenty of cause to be ticketed for that offense.

By the way, the article also detail the shockingly high cost of the leased vehicle Brainard wrecked, an angle that is worthy of its own story.

Turkish President's Bodyguards Beat Peaceful Protesters in Washington, DC

The Wall Street Journal reports;

WASHINGTON—Turkish President Recep Tayyip Erdogan’s security team was accused Wednesday of taking part in an unprovoked attack on protesters in the U.S. capital, marring a Washington visit for the second year in a row. 

District of Columbia police have joined the Secret Service and State Department in an investigation of what Police Chief Peter Newsham said appeared to be an unprovoked and “brutal attack on peaceful protesters” that sent nine people to the hospital on Tuesday. One police officer and two members of the Secret Service were also injured in the clashes, according to the police and a U.S. official. 

The attacks were captured on video and shared widely on social media, drawing denunciations from the State Department, U.S. lawmakers, the city’s mayor, and the police chief. 

“This is the United States of America,” U.S. Sen. John McCain, (R., Ariz.), said on Twitter. “We do not do this here. There is no excuse for this thuggish behavior.”
According to protesters and video showing the attacks, a few dozen demonstrators marched to the Turkish ambassador’s residence, where Mr. Erdogan was speaking, to protest his first official visit to Washington to meet President Donald Trump at the White House on Tuesday. 

The demonstrators included a mix of people opposed to Mr. Erdogan’s crackdown on opposition lawmakers, journalists, diplomats and military officers. They were met by a group of Erdogan supporters, District of Columbia police and members of the Turkish president’s security detail. 

... 

The Turkish Embassy cast the demonstrators as terrorist sympathizers of Kurdish separatists known as the PKK who were “aggressively provoking Turkish-American citizens who had peacefully assembled” to support Mr. Erdogan. The Erdogan supporters “responded in self-defense,” leaving one seriously injured, the Embassy said. 

“The violence and injuries were the result of this unpermitted, provocative demonstration,” the Embassy said. “We hope that, in the future, appropriate measure will be taken to ensure that similar provocative actions causing harm and violence do not occur.”

Former President Barack Obama refused to meet with Erdogan who has jailed journalists and suppressed civil liberties in a crackdown on political opponents following a coup attempt.  President Trump, however, has praised the Turkey strongman who since has assumed dictatorial powers. President Trump offered no criticism of the beatings of peaceful protesters.  The State Department, however, told reporters that it was communicating corn about the incident to the Turkish government "in the strongest possible terms" and that {v]iolence is never an appropriate response to free speech."

Quinnipiac Polls Americans For One Word Description of Donald Trump

A Quinnipiac Poll released yesterday showed that President Donald Trump support had fallen back to near record lows of 36%. Probably the most interesting part of the poll though is when the university asked "the first word that comes to mind when you think of Donald Trump?"   Here are the top 10 results:

1.  Idiot  9
2.  Incompetent 31
3.  Liar   30
4.  Leader  25
5.  Unqualified  25
6.  President  22
7. Strong  21
8.  Businessman 18
9.  Ignorant  16
10. Egotistical  15
11. Asshole  13
11. Stupid  13
13. Arrogant  12
13.  Trying  12
15.  Bully  11
15.  Business  11
15.  Narcissist  11
15. Successful 11
19.  Disgusting 10
19.  Great  10

Vice President Pence Damages His Reputation in Conveying False Narrative About Comey Firing

Probably no one has done a better job of remaining unscathed by association with the administration of Donald Trump than Vice President Mike Pence.  In that capacity, Pence has acquitted himself quite well in the aftermath of a rocky term as Indiana Governor.

That all changed with the Trump's firing of FBI Director James Comey on Tuesday.  On Wednesday, Pence and other Trump spokespeople went out to spread the narrative that Trump had acted on the recommendation of Deputy Attorney General Rod J. Rosenstein to fire Comey because of his handling of the Hillary Clinton email investigation.    Pence's mission was to convey that message to

members of Congress.

The problem was the Trump-Comey talking points were not true.   Journalists began digging and found that the Comey firing was because of every increasing Trumpian furor over the continued Russian investigation led by Comey.  Indeed, Comey had just requested it be expanded, with additional financial and personnel resources devoted to the investigation. The Rosenstein memo turned out to be after-the-fact cover for the decision.

The problem for Pence is that he was in the meeting during which Trump announced his plan to fire Comey, a meeting at which Trump requested Rosenstein write a memo to offer a false motive for his action.  So when Pence was on Capitol Hill he was knowingly offering a lie about how President Trump arrived at his decision.  The White House has since admitted the original tale spun by the Trump spokespeople, including Pence, wasn't true.

Pence's loss of credibility is a most unfortunate development.  I would rate the odds better than 50-50 he will be President before the official end of Trump's term and that he will lead the Republican ticket in 2020. His being damaged by his actions as Vice President further hurt GOP efforts to keep control of the White House and the Senate.

As far as the U.S. House, that most likely be won by the Democrats in 2018.  A Quinnipiac poll released yesterday showed that Americans by a 54-38 margin Americans want Democrats to win control of the U.S. House in 2018.  That 16 point spread is by far the widest margin ever measured on that question.

Downtown Indianapolis Living May Be Dealt Severe Blow With Loss of Two Marsh Stores

It appears the gentrification wave in  Indianapolis may soon be dealt a serious blow with the loss of the two primary downtown grocery shopping locations.  The Indianapolis Star reports that Marsh yesterday informed the Indiana Department of Workforce Development that it may have to close 17 stores, including those at 227 N. Michigan Street and 320 N. New Jersey Street, if it can find a buyer soon.  Despite younger professionals moving downtown the area has struggled to retain shopping opportunities.

Other Indianapolis stores are on the list including 1435 W. 86th Street, 6965 W. 38th Street, as well as a Marsh stores in Broad Ripple.  My local Marsh, which is a smaller store at 56th and Georgetown, is, thankfully, not on the list.   Not yet at least.

Marsh notice to IDWD indicates that the 17 closures would mean the layoff of 1,535 employees.

Liberals Show Contempt for Free Speech in Silencing Ann Coulter

By now many if not most people have heard that "conservative" columnist Ann Coulter's planned speech at the University of California at Berkeley has been cancelled.  Liberals on and off the campus acted to shut down the speech.  Fox News now reports on the latest development, support from a prominent actor:

Rob Schneider attacked UC Berkeley for cancelling conservative commentator Ann Coulter's speech, saying the university should "add burning

Ann Coulter

books to the curriculum." 

"UC Berkeley, after you done eliminating speech you don't like & words you don’t like what’s next?" the comedian wrote on Twitter adding, "Maybe add burning books to the curriculum." 

The outspoken star also tweeted, "Freedom of thought, speech, conscience & informed consent to medical risk taking. There's no greater calling for Americans in the 21st Century." 

... 

Earlier this month, a bloody brawl broke out in downtown Berkeley at a pro-Trump protest that featured speeches by members of the white nationalist right. They clashed with a group of Trump critics who called themselves anti-fascists. 

... 

In February, violent protesters forced the cancellation of a speech by right-wing writer Milo Yiannopoulos, who like Coulter was invited by campus Republicans.

I am no fan of Coulter.  I find her to be utterly repulsive, an ideological faud who has hijacked the "conservative" label to promote ideas that are full of hate and not at all conservative.   It is people like her, and President Trump, who are destroying the once great conservative movement that convinced me to become a Republican.

Nonetheless, college campuses should be venues where the open exchange of ideas is welcomed, even when those ideas are an anathema to many who study and work at the school.  One of the most unfortunate trends in recent years is the increasing lack of tolerance for free speech by people on the left, particular at our colleges and universities.  If you want to read a great book on the subject, written by a liberal Democrat no less, pick up The Silencing by Kirsten Powers.

Shopping Malls Try Gimmicks to Fend Off Their Inevitable Death At Hands of Online Commerce

The Indianapolis Business Journal has an interesting article on how shopping malls are trying desperately to survive as online commerce increasingly takes over:

Malls are fighting for shoppers with one thing their web rivals can’t offer: parking lots.

With customer traffic sagging, U.S. retail landlords like Indianapolis-based Simon Property Group Inc. are using their sprawling concrete lots to host events such as carnivals, concerts and food-truck festivals. They’re aiming to lure visitors with experiences that can’t be replicated online—and then get them inside the properties to spend some money.

“Events draw people to come to the shopping center,” said Craig Herkimer, whose company, KevaWorks Inc., is working with big landlords including GGP Inc. and Simon to produce outdoor events. “They generate revenue for the owner and offer a chance for cross-promotion, so they can try and drive more customers into the stores.”

Mall owners across the country are grappling with store closings and declining rents. Retail property values are down 3 percent in past six months, as all other types of commercial real estate showed gains, according to the Moody’s/Real Capital Analytics indexes. A Bloomberg gauge of publicly traded mall landlords has tumbled 15 percent in the past year through Thursday, the worst performance among U.S. real estate investment trusts.

Amazon.com Inc. and other internet retailers continue to grow, while department stores including Sears Holdings Corp. and Macy’s Inc. have been closing hundreds of locations. Payless Inc., the discount shoe seller, is among the latest to announce a massive shuttering—of 400 stores—as part of a bankruptcy plan.

The article notes that the United States is home to approximately 1,100 malls.  The structure that is the mall, as well as the large parking lots surrounding the building, consume a considerable amount of real estate.  When those malls fail, they become extremely difficult to repurpose.  They often end up being a blight on the neighborhood for years.

Photo of Simon Shopping Mall

It would appear that in searching for gimmicks to drive foot traffic to the retail stores, mall owners are fighting a losing battle.   With the exception of certain consumer items, consumers prefer the convenience of shopping from the convenience of their homes.  That is a niche that Amazon has cornered, although even that company faces growing competition when it comes to online retail.

But as one looks to the future of retail, one wonders if even the Amazon model might be outdated.  The Amazon approach right now is for wholesalers and manufacturers to ship goods to the company which it then stores in incredibly large "fulfillment centers."  Then when a customer orders the item from the Amazon website, it gets shipped once again, this time to the customer.  Amazon became popular because it enhanced customer convenience by eliminating the need to visit a brick and mortar store to shop.  But the Amazon retail approach, which requires considerable overhead, doesn't provide much in the way of cost savings to the consumer.  Eventually Amazon may be replaced with a web-based shopping approach that links customers with wholesalers and manufacturers so that items may be purchased directly, saving consumers a substantial amount of money while cutting out brick-and-mortar online retailers such as Amazon.

Indy Star Columnist Praises Broad Ripple "Improvements" While Ignoring Challenges Residents Face

Generally once a week I make the trip to Broad Ripple to visit my friend and local attorney Mark Small. These occasions often, okay "always", involve tossing back a few beers while we discuss life and politics. Even though Mark is a whacked out liberal, we do share the same opinion on Broad Ripple, where he has lived for several years, i.e.  the new development and resulting congestion in the "Village" has cause it to lose its charm.

Indianapolis Star Matthew Tully doesn't agree.  In today's column he sings the praises of Broad Ripple development.

Broad Ripple looks a little different these days. 

You can perhaps see that best from the patio of Three Sisters Café on Guilford Avenue. As I sat there the other day, I looked north toward the heart of the village, at a strip of colorful bars, restaurants and stores on Broad Ripple Avenue. Behind them stood a brand new development —  a sprawling grocery store and high-end apartment complex that recently opened. That taller development doesn’t just stand behind the heart of the village, it seems to hover over it. 

Matthew Tully

You can see a lot of other change throughout Broad Ripple, from the much-debated parking garage that popped up a few years ago on College Avenue, to so many small businesses that have come or gone, to the bustling area that south Broad Ripple has become. And then there is the change to come: A tortured redevelopment project at College and Kessler and, of course, the red line transit expansion.

Anyone who has followed Tully's writing career knows he has never once written in opposition to corporate welfare. He is perfectly fine with taxpayer money being diverted from such things as roads and schools to the pockets of developers.. Not once did Tully utter a negative word about the Broad Ripple parking garage at the intersection of College and Broad Ripple Avenue, a structure built with tax dollars then simply given away to one of former Mayor Greg Ballard's biggest contributors.

 Of course if you drive by the structure now you discover what was going on.  The building contains a number of business establishments with parking only a secondary thought.  Bottom line is that we taxpayers built a commercial building for a politically-connected developer.  That's what it was about.
And yet to this day Tully cannot bring himself to say a negative word about how taxpayers were mislead and ripped off about the purpose of the structure.

In Tully's column he doesn't make the slightest effort to talk to any of the long time residents of Broad Ripple, people like Mark Small.  If he did, he would find a different story.  People in Broad Ripple are unhappy with the congestion which has added considerable time to any commute.  They are unhappy about the high rise buildings that have caused Broad Ripple to lose its "village" feel.  As far as the red line transit expansion going up congested College Avenue, resulting in the loss of desperately needed traffic lanes, pretty much any Broad Ripple resident will tell you that mistake.

Of course, Tully doesn't live in the Broad Ripple Village area any more.  A few years ago, he moved to Carmel.

President Trump Defends Fox's Bill O'Reilly: "I Don't Think Bill Did Anything Wrong"

A few days ago, the New York Times broke news about  sexual harassment lawsuit settlements involving Fox "The Factor" host Bill O'Reilly:

For nearly two decades, Bill O’Reilly has been Fox News’s top asset, building the No. 1 program in cable news for a network that has pulled in billions of dollars in revenues for its parent company, 21st Century Fox.

Behind the scenes, the company has repeatedly stood by Mr. O’Reilly as he faced a

Bill O'Reilly

series of allegations of sexual harassment or other inappropriate behavior.

An investigation by The New York Times has found a total of five women who have received payouts from either Mr. O’Reilly or the company in exchange for agreeing to not pursue litigation or speak about their accusations against him. The agreements totaled about $13 million.

Two settlements came after the network’s former chairman, Roger Ailes, was dismissed last summer in the wake of a sexual harassment scandal, when the company said it did not tolerate behavior that “disrespects women or contributes to an uncomfortable work environment.”

The women who made allegations against Mr. O’Reilly either worked for him or appeared on his show. They have complained about a wide range of behavior, including verbal abuse, lewd comments, unwanted advances and phone calls in which it sounded as if Mr. O’Reilly was masturbating, according to documents and interviews.

The reporting suggests a pattern: As an influential figure in the newsroom, Mr. O’Reilly would create a bond with some women by offering advice and promising to help them professionally. He then would pursue sexual relationships with them, causing some to fear that if they rebuffed him, their careers would stall.

O'Reilly has tried to dismiss the settlements as merely payoffs for nuisance suits. As an attorney, I've seen many nuisance suits.  Settlements for nuisance suits are generally a few thousands of dollars, certainly never millions.  These suits would not have been settled for such sums if there wasn't serious wrongdoing involved.

President Trump, however, disagrees.  In an interview with the New York Times, Trump stated:

“Personally, I think he shouldn’t have settled,” Mr. Trump said in an interview in the Oval Office with Times reporters. “Because you should have taken it all the way; I don’t think Bill did anything wrong.”

“I think he’s a person I know well — he is a good person,” Mr. Trump said.

President Trump likewise thought the sexual harassment suits against former Fox News Chief Roger Ailes were also baseless:

"I think they are unfounded just based on what I've read," Trump said of the accusations against Ailes. "Totally unfounded, based on what I read."

I guess we shouldn't be surprised by Trump's reaction considering his own history with women.

More Flynn Foreign Payments Revealed; Trump-Friendly National Enquirer Labels Flynn a "Russian Spy"

A few weeks ago it was revealed that General Michael T. Flynn, who advised President Trump on foreign policy, and briefly served as National Security Adviser in the Trump administration, was acting as an agent of of a foreign government, namely Turkey.  Flynn's company received $530,000 for 90 days of work to investigate and undermine a political opponent of Turkish President Recep Tayyip Erdogan who engaged in a political crackdown after surviving a military coup.

That's $5,889 a day that Flynn's firm was being paid by Turkish interests, all the while traveling around

General Michael T. Flynn

the country with the Donald Trump campaign.  It's a good gig if you can get it.

But it turns out, there were more payments. Recently, Flynn amended federal disclosure documents to show payments from Russian outfits, i.e. Volga-Dnepr Airlines and Kapersky Government Security Solutions, Inc, each of which paid him $11,250.  Flynn was also paid $45,000 by RT, the state Russian news agency, for a speech he gave in 2015, another payment he failed to disclose.

Jason Chaffetz (R-Utah), chairman of the House Oversight and Government Reform Committee, indicated the payments might result in a referral to the General Accounting Office, which might ask for a return of all the money.  As Rep. Chaffetz notes, former military officers simply are not allowed to take these type of payments.  It is not a stretch to think there might be criminal liability involved with the payments, which might further explain why Flynn is requesting immunity for his testimony.

An interested and related development comes from of all places, the National Enquirer.  Last week's edition of the supermarket tabloid had blazened across the front page the headline:  "TRUMP CATCHES RUSSIAN'S WHITE HOUSE SPY!"    Here is a summary:

Add caption

Here is the start of the article inside the paper:




National Enquirer's CEO David Pecker is a good friend of President Trump.   Pecker's publication has enthusiastically supported his campaign for President.  During various points in the campaign, the National Enquirer published scandalous (and unverified) stories about Trump's opponents which Trump then used on the campaign stump.  These National Enquirer stories includes the bizarre piece claiming that Sen. Ted Cruz's father was involved in the plot to assassinate President Kennedy.  Despite the absurd stories that regularly appear in the magazine, President Trump has on several occasions said the Enquirer is a credible source of information..

While the Enquirer has zero credibility as a news source, the story calling Flynn a Russian spy is noteworthy for this reason:   The story almost certainly didn't go to print with Trump's direct or indirect blessing.  The story represents the beginning of the new spin that Trump wasn't personally complicit with Russian meddling in the campaign, that he was instead a victim from unscrupulous Russian agents like Flynn.

General Flynn take a look at the Trump bus.  You're going to soon find yourself underneath it.

Governor May Consider Imposing Tolls on Indiana Roads

WIBC reports:

Tolls are in and cigarette taxes are out if Governor Holcomb gets his way in a final road funding bill. 

Gov. Eric Holcomb

Holcomb is offering his most specific ideas so far on the final shape of a road funding plan. He says the cost of building and maintaining roads should fall on those who drive on them, and says provisions in both the House and Senate bills calling for the state to apply for federal tolling approval probably have to be part of a final plan. 

Neither the House nor the Senate package reaches the one-point-two-billion dollars a year the state says it needs in order to fully fund roads, but Holcomb says their combinations of gas taxes and tire and vehicle fees would be enough to pay for road maintenance for the next 20 years. He says in six or seven years, the state will have to take "a hard look" at imposing tolls to raise money for new construction. But he says he doesn't want tolls on urban bypasses -- he's thinking more of truckers going state line to state line.

Hopefully the legislature and the Governor will come to their collective senses and not inflict toll roads on Hoosiers.  I'm confident that most drivers loathe tolls and would rather pay for roads through taxes.   Personally I cannot imagine ever voting for a politician who imposed tolls on Indiana highways.

Democrats Strengthen Domination of Indianapolis Northside Townships

I finally got around to looking at the Marion County (Indianapolis) election results from November.  I may write a few columns on the subject. Today's is about changing party fortunes in the nine Marion County townships.

At the turn of the century,  Republicans dominated the township boards in 8 of the 9 townships, i.e. all the townships except Center Township.  Now the story is that the Democrats dominate all the townships with the exception of the three southernmost, Decatur, Perry and Franklin.

This year, the number of township board seats changed from 7 to 5.  That didn't help Republican prospects any, however .  While the Democrats lost a seat in Pike, the party increased its domination in Washington, Warren and Lawrence Township.  Below are the results:

YEAR	2016
Township	Republican	Democrat
Center	0	5
Decatur	5	0
Franklin	5	0
Lawrence	1	4
Perry	5	0
Pike	0	5
Warren	1	4
Washington	1	4
Wayne	1	4
	19	26
YEAR	2012
Township	Republican	Democrat
Center	1	6
Decatur	7	0
Franklin	7	0
Lawrence	3	4
Perry	6	1
Pike	0	7
Warren	2	5
Washington	3	4
Wayne	1	6
	30	33

Trump Campaign May Have Coordinated with Russians on Release of Information Damaging to Clinton Campaign

CNN reports:

The FBI has information that indicates associates of President Donald Trump communicated with suspected Russian operatives to possibly coordinate the release of information damaging to Hillary Clinton's campaign, US officials told CNN.   

This is partly what FBI Director James Comey was referring to when he made a bombshell announcement Monday before Congress that the FBI is investigating the Trump campaign's ties to Russia, according to one source.   

The FBI is now reviewing that information, which includes human intelligence, travel,

business and phone records and accounts of in-person meetings, according to those U.S. officials. The information is raising the suspicions of FBI counterintelligence investigators that the coordination may have taken place, though officials cautioned that the information was not conclusive and that the investigation is ongoing.   

In his statement on Monday Comey said the FBI began looking into possible coordination between Trump campaign associates and suspected Russian operatives because the bureau had gathered "a credible allegation of wrongdoing or reasonable basis to believe an American may be acting as an agent of a foreign power."  

... 

One law enforcement official said the information in hand suggests "people connected to the campaign were in contact and it appeared they were giving the thumbs up to release information when it was ready." But other U.S. officials who spoke to CNN say it's premature to draw that inference from the information gathered so far since it's largely circumstantial. 

The FBI cannot yet prove that collusion took place, but the information suggesting collusion is now a large focus of the investigation, the officials said.   

The FBI has already been investigating four former Trump campaign associates -- Michael Flynn, Paul Manafort, Roger Stone and Carter Page -- for contacts with Russians known to US intelligence. All four have denied improper contacts and CNN has not confirmed any of them are the subjects of the information the FBI is reviewing.

Yesterday in a bizarre turn of events House Intelligence Committee Chairman Devin Nunes (R-CA) briefed President Trump on intelligence he had seen in which names of the Trump transition team (of which Nunes himself was a member) had appeared in intelligence intercepts relating to foreign targets, intercepts he didn't bother to share with anyone else on the committee.   While this was in fact old news, Nunes held a press conference to claim that the information somewhat supported Trump's claim that Trump Tower phones were wiretapped by President Obama.  In the next breath, however, Nunes said that the information did not show Trump's claim was true.

The big development though may well be that Nunes has shown himself to be an agent of President Trump and, thus, unable to conduct a fair and impartial investigation of matters relating to the Trump campaign.  Nunes might lose his chairmanship as a result of the stunt he pulled yesterday. At the very least he made the appointment of a independent committee much more likely.

A "Big, Gray Cloud" Descends Over the Trump Presidency

Today, FBI Director James Comey confirmed that there exists a current FBI investigation into possible coordination between members of Trump's campaign team and Russian officials in the latter's interference into the 2016 election.  Fox News reports:

FBI Director James Comey said during a hearing before the House Intelligence Committee today that there is an ongoing investigation into possible "coordination" between President Donald Trump's campaign and Russia.

Comey confirmed that the FBI is investigating Russia's efforts to interfere in the 2016

FBI Director James Comey

presidential election. 

"That includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia's efforts," he stated.

House Intelligence Committee Chairman Devin Nunes (R-CA), who was a member of the Trump transition team, complained that Comey's testimony created a "big, gray cloud" over the White House and urged a quick conclusion to the investigation. 

Comey also confirmed that Trump's tweets claiming former President Trump had ordered his phones "wiretapped" at the Trump Tower were simply not true.  Also confirmed as inaccurate was the new claim that British intelligence had wiretapped Trump at President Obama's request.

When the media begins examining more closely Trump campaign connections to Russian officials, , expect a few names to come to the forefront quickly, most notably Paul Manafort, Roger Stone, and Carter Page.  In an apparent attempt to head off damaging association, administration spokesman Sean Spicer today incredulously noted that Manafort had only a "limited role" with the Trump campaign.  A mighty strange way to characterize the former MANAGER of the Trump campaign.

Soccer Goaltender Signed After Conviction for Having Girlfriend Killed, Fed to His Dogs

I guess the next time the NFL is criticized for not taking domestic violence seriously enough, the league can say it is not as bad as soccer.  The New York Daily News reports on an incredible story out of Brazil:

Bruno Fernandes de Souza

Second-tier Brazilian soccer club Boa Esporte has come under fire for signing goalkeeper Bruno Fernandes de Souza, who was convicted for ordering the 2010 killing of his ex-girlfriend and having her body fed to his dogs, to a two-year contract shortly after his release from prison, according to a report from The Guardian.

Bruno's lawyer was able to get the soccer player released from prison after serving seven years of a 22-year sentence because the courts had failed to rule on his appeal.

...

The victim of Bruno's brutal crime, Eliza Samudio, had been suing him for child support. Samudio then went missing, and Bruno admitted to his involvement in the plan that resulted in her death. 

Boa Esporte's president, Rone Moraes da Costa, said in a statement that the club was helping Bruno return to society by giving him the "dignity of work." The statement did not mention Samudio or the murder of her.

Carmel and Indianapolis Go Round and Round About Roundabouts

The Indianapolis Star reports:

An Indianapolis City-County councilwoman is trying to stop Carmel from building several roundabouts along the border between the two cities. 

Christine Scales has refused to sign an interlocal agreement to allow Carmel to build roundabouts at 96th Street's intersections with Hazel Dell Parkway, Gray Road, Delegates Row and Randall Drive. As the local district representative, Indianapolis is following her lead. 

Scales doesn't think traffic is congested enough along the corridor to warrant the roundabouts, and she is concerned that area businesses will lose customers if they are

Carmel Roundabout at 126th Street and Keystone (www.carmel.in.gov)

built. She thinks motorists are more likely to shop on the commercial corridor if they have time to look around while waiting at traffic signals. 

Her stance has led to a clash with Carmel Mayor Jim Brainard that was highlighted in an email exchange between the two obtained by IndyStar. 

"My opinion, which is shared by many, is that while (roundabouts) may serve well in some locations, it doesn't mean they serve well as replacements for each and every stop sign or light," Scales wrote in an email to Brainard. "The existence of 100 roundabouts (and counting) in a city the size of Carmel is a lot of roundabouts."

I have said before that the creation of roundabouts by Mayor Brainard has been the best thing he did in office. Prior to the roundabouts traffic flow in and around Carmel was dreadful. However, after two recent trips to Carmel, I find myself agreeing with Councilor Scales. It seemed like every Carmel intersection I drove through had a roundabout, including ones that would have been much better served with traditional traffic devices.

Meanwhile Mayor Brainard indicates he may try to proceed with the roundabouts anyway, despite opposition by Scales and the City of Indianapolis. The Star article continues:

Brainard thinks he can build the roundabouts without Indianapolis' permission because state law places Carmel in control of improvements on its southern border. Carmel also isn't asking for any help from Indianapolis with funding. 

Scales, though, said Indianapolis officials disagree that he can move forward without an interlocal agreement and will fight him if he tries.

Brainard hopes to convince Scales and Indianapolis to sign on. But he says he'll find a way to build the roundabouts regardless. 

"If necessary," he wrote in an email to Scales obtained by IndyStar, "we would simply move the roundabouts a few feet north."

VP Pence Shows Pres. Trump How Conservatives Can Successfully Handle The Liberal Media

The Indianapolis Star reports:

WASHINGTON – Vice President Mike Pence joked Saturday night that the most embarrassing part of the recent news that he used a personal email account while Indiana’s governor is that millions of Americans learned he was one of the few people in the country to still have an AOL account. 

Vice President Mike Pence

“My wife said it was good for my image,” Pence said at the Gridiron Club dinner, a white-tie dinner of speeches, skits and songs put on by Washington's oldest journalism organization. “She said now America knows I’m not stuck in the ‘50s. I’m just stuck in the ‘90s.” 

Pence also read some of the comments made on Twitter after IndyStar broke the story Thursday that raised questions about the security and government transparency of the AOL account, which was hacked last summer.  

Among the social media slams: “Your grandma is hipper than Mike Pence.” Another said: “This is the most I’ve heard about American Online since I last saw the free disks on a counter at Blockbuster. #MakeAOLGreatAgain.” 

Pence was the headline speaker at the dinner, which takes a humorous look at the political scene.  He wore a black tie to the white-tie event, which he said he thought he could get away with until House Minority Leader Nancy Pelosi asked him to refill her coffee.  

... 

Iowa Sen. Joni Ernst, who represented the Republicans, said she’s impressed that Pence never needs a teleprompter. “Maybe that’s because every speech begins with, `Let me explain what the president meant to say,’” Ernst said. “And thank you for that. 

The Mike Pence I remember from law school was an outspoken, unapologetic conservative. But he also had an engaging personality and a wonderful sense of humor that won over even die-hard liberals at that school.  I am not sure where Pence's personality and sense of humor went during his four years as Governor (I blame his advisers who didn't know how to use Pence's greatest assets), but they appear to have returned as Vice President.  It is good that they did.  He will need those tools given the train wreck that the Trump presidency appears to be.

Pence's performance at the Gridiron shows how conservatives should handle the media.  No doubt most journalists have a liberal-bent and want to see conservative politicians fail.  But journalists also have many other things that influence their writing, even more so than political philosophy.  Pence appears to understand that and knows that winning them over as a "nice guy" goes a long way to developing more positive news coverage.

Attorney General Jeff Sessions Met Twice With Russian Ambassador in 2016 While Member of Trump Campaign Team

In what appears to be a direct contradiction to his confirmation testimony, it is now being reported that Attorney Genera Jeff Sessions twice met with a Russian ambassador in 2016, while a member of the Trump campaign. The Washington Post reports:

Then-Sen. Jeff Sessions (R-Ala.) spoke twice last year with Russia’s ambassador to the United States, Justice Department officials said, encounters he did not disclose when asked about possible contacts between members of President Trump’s campaign and representatives of Moscow during Sessions’s confirmation hearing to become attorney

Attorney General Jeff Sessions

general.

One of the meetings was a private conversation between Sessions and Russian Ambassador Sergey Kislyak that took place in September in the senator’s office, at the height of what U.S. intelligence officials say was a Russian cyber campaign to upend the U.S. presidential race.

The previously undisclosed discussions could fuel new congressional calls for the appointment of a special counsel to investigate Russia’s alleged role in the 2016 presidential election. As attorney general, Sessions oversees the Justice Department and the FBI, which have been leading investigations into Russian meddling and any links to Trump’s associates. He has so far resisted calls to recuse himself.   

When Sessions spoke with Kislyak in July and September, the senator was a senior member of the influential Armed Services Committee as well as one of Trump’s top foreign policy advisers. Sessions played a prominent role supporting Trump on the stump after formally joining the campaign in February 2016.

At his Jan. 10 Judiciary Committee confirmation hearing, Sessions was asked by Sen. Al Franken (D-Minn.) what he would do if he learned of any evidence that anyone affiliated with the Trump campaign communicated with the Russian government in the course of the 2016 campaign.“I’m not aware of any of those activities,” he responded. He added: “I have been called a surrogate at a time or two in that campaign and I did not have communications with the Russians.”

...

In January, Sen. Patrick J. Leahy (D-Vt.) asked Sessions for answers to written questions. “Several of the President-elect’s nominees or senior advisers have Russian ties. Have you been in contact with anyone connected to any part of the Russian government about the 2016 election, either before or after election day?” Leahy wrote. 

Sessions responded with one word:  "No."

It is difficult to conclude that Sessions' testimony was anything but untruthful.  To complicate matters, it appears Sessions' himself could be a focus of an investigation into Trump's Russian ties.   These developments will only increase the push for the appointment of a special prosecutor to probe the Trump campaigns' interaction with Russian officials leading up to the 2016 election.

Indiana's Government Ranks Best in the Nation

The Indianapolis Star reports:

Indiana's government is the best in the nation, according to a new U.S. News & World Report list of "Best States." 

The survey ranked the 50 states in seven key categories. Massachusetts' No. 2 ranking in health care and No. 1 ranking in education were key reasons why it's at the top of the list. Indiana ranked No. 22, just behind Delaware and Rhode Island. 

Indiana didn't do as well in health care (41) and education (27), but two areas where Hoosiers shone, according to the web-based media company, were in government (No. 1) and opportunity (No. 4). 

Indiana's excellent credit rating, low pension fund liability, budget transparency, use of digital technology and overall fiscal stability were key to its success in the government category. The opportunity category included areas such as economic opportunity, equality and affordability.

I've long had to listen to the nonsense from Hoosier critics that Indiana has the "worst legislature," a description often attributed to the late Nuvo editor Harrison Ullmann. As someone who worked at the Indiana General Assembly and taught about how state legislatures across the country operate, I have always known that what happens at our General Assembly is not unique to this state. The operational and substantive issues that arise in the Indiana General Assembly aren't any different from those dealt with by other state legislatures. Indiana's legislature and executive branches, for all their flaws, operate remarkably well when compared to other states. It is good to see the U.S. News and World Report set the record straight.

Trump Administration Vows to Crack Down on Pot, Enthusiastically Embraces Other Failed Criminal Justice Policies

The Hill reports:

White House press secretary Sean Spicer on Thursday suggested the Trump administration will step up enforcement of federal laws against recreational marijuana.  

“I do believe that you’ll see greater enforcement,” Spicer said, while adding the exact policy is “a question for the Department of Justice.” 

It’s the latest sign President Trump is poised to take a tougher approach than the

Attorney General Jeff Sessions

Obama Justice Department did in states that have legalized the use of recreational marijuana.  

... 

Spicer telegraphed the administration won’t take a get-tough approach against medical marijuana, saying Trump believes in its ability to "comfort" people suffering from debilitating diseases.  

But he said he takes a different view of recreational marijuana, linking it to the abuse of opioid drugs in states across the U.S.  

There is little evidence showing a link between abuse of the two drugs. Some researchers believe medical marijuana could help reduce demand for opioid-based painkillers.  

Eight states and the District of Columbia have legalized marijuana for recreational use. Twenty others have laws allowing medical marijuana. 

If revival of the failed War on Drugs (at least against marijuana) was not enough, Trump's administration appears ready to enthusiastically embrace other 1980s era criminal justice failures.  Trump has already signaled support for civil forfeiture, which has a well documented history of abuse.  His administration also appears ready to end the Obama-era moratorium on the feds renewing contracts for the use of private prisons, another enormous policy failure.  Is federal sentencing reform out the window as well?  Could be as Attorney General Jeff Sessions worked to block sentencing reform while in the U.S. Senate, despite widespread bipartisan support.

The sad thing was that pre-Trump the GOP was moving in the right direction on all these issues.  Reform though seems endangered by a "law and order" Republican President who seems oblivious to the failed history of the policies his administration supports.