Special Session Lawsuit Update

The state attorney general's office has once again successfully blocked the deposition of Mary Monohan, the clerk of the House of Delegates that can prove or disprove claims of forgery related to the Senate's adjournment during the special session. Previously scheduled for 4 p.m. yesterday, the deposition may not happen until Wednesday or Thursdsay, if at all.

The statements of Raquel Guillory, a spokesman for the Attorney General's Office, paint a conflicting picture. In the WTOP article, the position of the AG seems to be that the deposition will never happen:

A spokeswoman for Attorney General's office said Monahan's testimony
is not germane to the legislative process.

"We believe that the deposition is unnecessary, one, because of
legislative privilege and, two, anything that she has to offer is irrelevant" to
the results of the special session, She said.

However, if you read the WJLA story, you would think that they just need a bit more time:

Raquel Guillory, a spokeswoman for the attorney general, says the deposition has
been put off until at least Wednesday or Thursday.

So, which one is it? Is the deposition unnecessary, or is it necessary on Wednesday or Thursday?

Let me answer the question for you: it's freeking necessary. The fact that the AG can thwart the testimony of the person who can put this whole issue to rest is a testimonial to the climate of government secrecy that has been continually documented. Let's think logically--if Busch and Miller did things by the book, they would be in the papers every day clamoring for this lady to testify to clear their name.

What is clear is that the AG is buying more time to mount their legal roadblock to the Republican action:

The attorney general's office also plans to file a motion Monday to
challenge a Republican effort to block the tax increases from going into effect
this week, including an increase in the state sales tax from 5 percent to 6
percent.

Also this week, the tobacco tax is set to increase from $1 to $2, the
vehicle titling tax will jump from 5 percent to 6 percent, and the certificate
of title fee will increase from $23 to $50.

Guillory said Sunday that a court stay on the new taxes would "cause undue
hardship in the state."

I'm no lawyer, but I would guess that the new taxes are more difficult to repeal now that they are in effect, and increasingly so as time goes on.

It's a good thing the Constitution is on our side.

Special Session Lawsuit

A lot of the other blogs on the right side of this page do a better job than I do covering current events, so I sometimes skip some 'reporting' posts, especially if I am a couple of days late or if the news is about the state or county, which is usually covered very quickly by people a lot more knowledgeable than myself.

I had planned on watching football tonight, while sipping a mug of hot tea and enjoying a nice fire in my fireplace. However, when I lit the wood, my house started filling with smoke--and not because the flue was closed, because I don't have a flue. With my master plan ruined, I had to revert to plan B: here I stand before you, lonely and desolate, with my laptop humming and the Patriots game on a low-def television in the background. Confident that my information will be useful, I shall proceed.

The content of today's musings is a factual update on a constitutional challenge to the recent special session. The problem is as follows. According the Maryland Constitution, one chamber of the legislature cannot stand in recess while the other is convened, without having a vote to specifically allow an extended recess, and a message to the convened chamber informing them of what's going on.

The Senate adjourned on November 9. House records show that the Speaker received notification that day that the Senate would be adjourned until Nov. 15, which would have been fine. However, the timestamp on that notification document was dated Nov. 14! Furthermore, Senate records show that they only planned to adjourn until Nov. 13!

These discrepancies brought about understandable allegations of forgery, that were first reported here. The possibility of forgery is important because (1) it would mean that somebody is getting impeached and (2) if the proper notification was not given, the special session was unconstitutional and the $1.5 billion in new taxes would be nullified.

Republican lawyer types, particularly Michael D. Smigiel Sr. of Cecil County, raised their concerns on the floor, but were scoffed at. So, after the session ended, Del. Smigel (along with 4 other lawmakers and 1 private citizen) filed a lawsuit challenging the Constitutionality of the Senate's recess.

Key to the case is the testimony of the House of Delegates Chief Clerk Mary Monahan, because she would know when the notifications were given, if they were given on time, and if there was any fudging of dates or anything else. Her deposition, scheduled for this past Wednesday, was halted so that the Court of Special Appeals could consider objections raised by the Attorney General. Fortunately, the Court told the Attorney General to shut his mouth, and the deposition is back on for Monday.

I would certainly love for the taxes to be nullified, but the bigger issue is the possible corruption of our elected officials. At every level of government, elected officials show their willingness to obey the law is a discretionary phenomenon--they follow the laws only when it is convenient for them. It would be nice if this perversion of ethics was dealt a punitive blow.

I hope they find a lot out on Monday, because the new taxes are set to take affect on Tuesday!

Special Session Concludes

I started blogging in June as a way to pass the time while I was laid up recovering from ankle surgery. With such timing, I hadn't experienced keeping up with an election or a legislative session.

Frankly, it was amazing to watch the thorough coverage of the special session, but now that it's over, conservatives need to focus on what's next.

MD GOP chairman Jim Pelura presents an eloquent summary of the clandestine whooping put on Maryland families:

The Special ‘Tax Hike’ Session ended just as we have come to expect – in
the dark of night. Over the past twenty-two days, Martin O’Malley and the
Democrat leadership disregarded the wishes of those they represent and instead
fed their appetite to spend, spend, and spend some more.

Before this sham Special Session began, the Maryland Republican
Party warned that the Democrats would ram through tax increases against the
wishes of Maryland families and all without much public scrutiny or
oversight. Unfortunately, we were right. In a break from tradition,
legislative hearings during special session were often conducted without the
public being able to listen to the hearings over the internet. O’Malley
officials and Democrat leaders failed to provide copies of documents and fiscal
notes ahead of time to the legislators, public, or media. Committee
chairmen even stifled questioning by citizens and prevented them from going on
record with full rebuttals to these disastrous economic policies.

The linchpin for all of these tax increases was agreement to place the
slots issue on the ballot next year. Without that agreement, the tax
increases would never have happened. Whether someone supports or opposes
slots, we should all agree that we should not tamper with our Constitution for
gambling. A constitutional amendment is unnecessary, and even Comptroller
Peter Franchot has warned against ‘contaminating’ the Constitution for such a
frivolous idea.

When the Special Session began, I cited figures from the Department of
Legislative Services that it would cost taxpayers about $34,000 per day.
In the end, it has cost Maryland taxpayers over $300 million a day. We are
now left with a $7 billion price tag for this Special Session. This
full-fledged mugging of Maryland families should be criminal.

Streiff points out the shame of the rather inexplicable failure of Republicans to completely unite and put up as much of a fight as possible. Whether Republicans thought they were buying political capital to try and affect things down the road, or they were even more shrewdly following their self-interest, we now know the result.

In this state, Republicans have to be on the same page to have a fighting chance at anything. Dr. Pelura's statement, in my estimation, provides a rallying point that should remind all of us of what happened.

There still isn't a budget. O'Malley wanted to special session so the tax increases could start ASAP, but the budget process remains. Hopefully logic will prevail and conservatives in the legislature can do some real good for Maryland.

Ego May Break Up The Democrat Monopoly: Entire Special Session In Danger

Governor O'Malley's hastiness in calling a special session may very well backfire.

Mike Busch has lost control of the House. Despite procedural desperation and playing chicken with proposed slots locations, Busch failed to organize the votes necessary to pass the Governor's slots bill. Members of the House allegedly had to forge a document just so the Maryland Constitution wouldn't render their actions null and void!

Meanwhile, Senate President Mike Miller has only 1 horse in the race: slots. He has made it clear that either he gets his slots package (referendum and implementation) passed, or nothing else gets through his chamber. This is important to you and me, because if we keep emailing our delegates in the House telling them to oppose this slots, we can use the Democrats' egos against themselves to prevent any tax increases....at least until the general session, when we can mobilize better opposition and our due process rights won't be so violated.

While it is important to email all of your delegates, 3 Republicans are rumored to be wavering because of their support of slots:

Nic Kipke
James King
Wade Kach

Send your emails to delegate.(first initial).(lastname)@house.state.md.us.

From Streiff, The Sun and The Washington Post

Senate President Thomas V. Mike Miller Jr. (D-Calvert), one of the
legislature's biggest slots proponents, reacted angrily when it appeared that
the House might pass the bill authorizing a referendum but not consider the
slots implementation measure during the session. With the referendum date a year
away, several delegates said there was no need to reach agreement now on all
details of a slots program. Some said they could even wait to see whether a
referendum passes before acting.

Miller called that prospect "a total fraud," saying that would make it
"highly unlikely" that his chamber would seek to reconcile other bills passed
during the session with versions approved by the House. Those bills would raise
an additional $1.4 billion in annual tax revenue and direct O'Malley to cut
about $500 million from next year's budget.

"I think the session can be saved if they pass nothing or they pass
both bills," Miller said of the slots legislation pending in the House. He said
lawmakers should not be "lying and stealing and cheating the public into
thinking you're doing something when you're not." Busch later chastised Miller
for his "flowery language," saying: "I think it's unbecoming of a presiding
officer.

O'Malley spent much of the afternoon laboring to keep the session on
track. He gave what those in attendance called an impassioned speech about
reaching consensus at a closed-door meeting of House Democrats, holed up with
Busch in the speaker's office and met with wavering delegates from Montgomery,
who relayed their desire for additional school construction funding.

Don't Be Fooled By "Budget" Cut Reporting

The Capital and The Washington Post both reported that the House directed the Governor to make almost $500 million in budget cuts, and eliminate vacant state jobs, amongst other things. Only one problem: there's no budget!

If you were to read The Capital's headline, you would think this is a step in the right direction. But read until the end of the article, and you will find that this is not necessarily true:

Under Maryland law, a budget is first formed when a governor creates his
or her spending priorities and then the House and Senate can make reductions to
it. Typically, that process takes place during the General Assembly's
annual 90-day session.

A bill that makes such a change to a budget is called a BURFA (BRFA?), which stands for Budget Reconciliation and Funding Act, I think. And, such an act is what the House passed to direct the budget cuts that the articles headline. But think about it, what budget are we cutting? The 2008 budget is signed, sealed, delivered--and balanced, I might add; and we do not have a 2009 budget yet. The House is making cuts to a figment of Governor O'Malley's imagination, which he can ignore with great ease once he makes his budget!

I attended a meeting where Ron George spoke this morning, and he explained why he and Steve Schuh were the only 2 Republicans to vote for this bill. Citing the relative uselessness of the bill, Delegate George thought this to be a chance to build relationships, as such relationships will be necessary for any Republican to have any chance of getting on a conference committee that will actually iron out the final version of a given bill.

Hopefully their efforts will be rewarded.

What Is The Legislature Trying To Hide

The House passed its versions of tax bill(s) over the weekend, working well into the night and adjourning at at an un-Godly hour.

I ask this: why then? Why so late?

We already know the answer:

So why the special session? The Democrats have a monopoly on power, and they
believe in big government, endless programs, and ever-growing taxation. They
just can't wait to shove it down our throats, and they don't want to wait until
the regular session because there is too high of a chance that the public would
actually get what it wants--reasonable tax policy.

If the legislators listened to what their constituents had to say, or even allowed for fair opportunity to hear citizen testimony, they wouldn't be able to pass such grossly irresponsible and unnecessary measures.

But then again, who are we to expect that our legislators would listen to what we have to say?

Maryland Senate Doesn't Fix Budget "Deficit": It Worsens It!!

I want to take a minute to point out that at this moment in time, we don't have a budget deficit. Indeed, the special session is predicated on an expected budget deficit for next fiscal year based on all the spending the Democrats want to do. If during the next regular session the legislature were to reduce spending, we wouldn't have a deficit! If they simply waited until the regular session to do ANYTHING, good or bad, at least the public would have adequate time to show what they really think.

So why the special session? The Democrats have a monopoly on power, and they believe in big government, endless programs, and ever-growing taxation. They just can't wait to shove it down our throats, and they don't want to wait until the regular session because there is too high of a chance that the public would actually get what it wants--reasonable tax policy.

Moving on, even if you take the political-speak at face value, the purpose of this special session was to FIX the budget deficit. So what did our legislators do? Just the opposite.

A version of Governor O'Malley's proposed expansion in health care coverage passed in the Senate yesterday, and a similar version of the bill is expected to pass in the House today. When the dust settles, THIS WILL COST US $200-$600 MILLION MORE EVERY YEAR.

I have health insurance that covers myself and 1 other person, which costs me $582 every month. I own a seasonal business (7 months out of the year), and each of my 14 employees are eligible for health insurance, of which I pay 50%. Their premiums are either $209, $252, or $291 PER PERSON PER MONTH, and I pay my half year round--even when we are not operating. This is a lot of money that I pay--why should I have to kick in my share of $200-$600 million for everyone else?

For those of you who don't like math, I will tell you that it is easier to eliminate a budget deficit when you spend less money. If, however, you wish to push through an unpopular program at a bad time with the least resistance possible, simply refer to what is happening this week.

Citizens Due Process Violated

STATEMENT FROM SEN. PIPKIN:

DUE PROCESS HAS BEEN VIOLATED

John Adams and Thomas Jefferson would agree that democracy took a hit today in Annapolis. The Senate Budget and Taxation Committee considered "The Secret Tax Increase Bill of 2007" (SB2 Tax Reform Act of 2007) out onto the floor following a committee work session. Parts of the bill were hidden from full public review until today's voting session.

Among the many amendments unseen by the public, was an expansion of the sales tax to computer services, arcades, and landscaping companies to raise over $300 million in new revenue. It took the committee, with no public input, just eight minutes to add this burden.

(See the list of services to be taxed.)

This event was not a public hearing. This was an unrecorded work session of the Budget and Taxation Committee. Citizen-groups who may have wished to express concern regarding the expansion of the sales tax to their respective services were denied their right to testify before the Committee.

Beyond simply those affected by the amendment, all Marylanders should be concerned by what happened in Annapolis this afternoon. The actions of those that proposed and voted for the amendment ignored due process and the public's interest to benefit politically. This is irresponsible legislating and the public should be outraged.

This is Annapolis gone amuck. Tax and spend legislators are consumed with a frenzy to pass massive tax increases no matter the cost.

It is now apparent that the special session will continue into next week. The time remaining may be an opportunity for citizen groups to weigh in on how these tax increases will affect them. Those groups that came to protest taxes, such as those concerned about the sales tax on health clubs and property management services, were removed from the list of businesses to be taxed. Clearly, if the tax and spend legislature hears from citizens they may be forced to listen and put a halt on these runaway tax increases.

Backroom deals and sneak attacks will remain on the horizon for this special session if Marylanders do not act. I will continue to speak out against infringements of the rights of Maryland's citizens to come before their legislature and encourage others to do the same.

Republican Senators Set To Filibuster Tax Proceedings

My colleagues on Red Maryland will probably know more about this than me, but I wanted to offer this bit of info, or offer a reminder if someone else has mentioned it and I simply didn't see it.

The 14 Republican Senators WILL hold firm regarding a filibuster in the Senate. Nineteen (19) votes are needed in order to sustain a filibuster. IF WE can convince 5 Democrat Senators to join our 14 Republican Senators we can STOP this assault on our families. PLEASE MAKE THESE CALLS. With your help, we CAN MAKE A HUGE DIFFERENCE.

The 10 Democrat Senators to call are:

Senator John Astle (D-30) – Anne Arundel County
Phone: (410) 841-3578

Senator Jim Brochin (D-42) – Baltimore County
Phone: (410) 841-3648

Senator James DeGrange (D-32) – Anne Arundel County
Phone: (410) 841-3593

Senator Roy Dyson (D-29) – Calvert, Charles, & St. Mary’s Counties
Phone: (410) 841-3673

Senator Edward Kasemeyer (D-12) – Baltimore & Howard Counties
Phone: (410) 841-3653

Senator Katherine Klausmeier (D-8) – Baltimore County
Phone: (410) 841-3620

Senator Rona Kramer (D-14) – Montgomery County
Phone: (410) 841-3625

Senator Thomas Middleton (D-28) – Charles County
Phone: (410) 841-3616

Senator James Robey (D-13) – Howard County
Phone: (410) 841-3572

Senator Norman Stone (D-6) – Baltimore County
Phone: (410) 841-3587