McCain's ties to the Burmese junta

Geez. Apparently, John McCain hired the same people who represented the Burmese Junta to run the GOP convention. They chose that firm because they considered their second choice too risky because he had represented Philippine dictator Ferdinand Marcos along with a few other not so nice people.

The campaign recently tapped Doug Goodyear for the job, a veteran operative and Arizonan who was chosen for his "management experience and expertise," according to McCain press secretary Jill Hazelbaker. But some allies worry that Goodyear's selection could fuel perceptions that McCain—who has portrayed himself as a crusader against special interests—is surrounded by lobbyists. Goodyear is CEO of DCI Group, a consulting firm that earned $3 million last year lobbying for ExxonMobil, General Motors and other clients.

Potentially more problematic: the firm was paid $348,000 in 2002 to represent Burma's military junta, which had been strongly condemned by the State Department for its human-rights record and remains in power today....

The prospect of choosing Manafort (the second choice) created anxiety in the campaign because of his long history of representing controversial foreign clients, including Philippine dictator Ferdinand Marcos.

I don't know what is more insane that foreign dictators even have established American PR guys or the fact that the PR guys are all members of the GOP. The neocons are kinda showing their true colors on this one, so much for "democracy loving".

Oh, did I mention that McCain's PR guy (Goodyear) also violated federal election laws, the same one's that McCain denounces? McCain knew and hired him anyways. F'n hypocrite. I bet we could compile a long list of this guys double talk, flip flops and flat out lies.

Notes from the ODP State Convention

This morning's Executive Committee Meeting included the approval of two new superdelegates (Dave Reagan, William Craig Bashein), a resolution effectively kicking Marc Dann out of the party, a teaser on Matthew Barrett's replacement, and more.

Details available at Blue Bexley.

Dann Again Vows Not To Resign

LegalNewsline alerted me to this video of a brief on-camera interview by Marc Dann with WKYC-TV in his Cleveland office this morning. Dann repeats his mantra that he is hard at work, that he has accepted responsibility and apologized for his mistakes, that he has done nothing that constitutes an impeachable offense, and that he doesn't think there is any chance that he would step down. Regarding the impending impeachment process, Dann said "I believe in the rule of law and I will be sure the rule of law is followed both as Attorney General and a citizen of the state of Ohio."

It especially kills me when he says "this isn't about me, this is about taking on the predatory lenders," etc. He also asserts that nobody is challenging the quality of the work he has done. He realizes that he has "a chore to do" to earn back the trust of the Governor and the people, but he presents it all as though if he just gets really, really busy it will all go away.

Scary.

Big news flash, Marc -- it is about you. And all this hard work you say you are doing doesn't wash away the other stuff you did, not does it make you so indispensible that the rest doesn't count.

Meanwhile, State Rep. Bill Batchelder (R-Medina) has said that he needs more time and therefore won't report on the impeachment process today, and the GOP leaders in the Ohio Senate and House announced that they will push through legislation on Monday to authorize the Ohio Inspector General to investigate the Attorney General's office. (Dann has also indicated that he will appoint an independent investigator as early as Monday. Those two investigations plus the EEOC inquires and an upcoming audit of Dann's campaign fund make at least five distinct inquires that will be going on.) The Republicans want the impeachment proceeding to be held back until the investigation is complete, which could take weeks or months, while the Governor has indicated that he thinks the investigation and impeachment could proceed concurrently.

Sen. Brown on the VP short list? Perhaps.

Huffpost has our beloved Senator as a 2nd Tier pick for Obama:

Sherrod Brown
Another governor, this one from Ohio. Brown is a favorite among progressives for his economic populism and outspoken criticism of the war.

Pro: Could help deliver an important swing state.

Con: Doesn't really satisfy the idea of a unity ticket.

Their top choices? Webb, Clinton, Richardson, Biden and Schweitzer. Right now, I'd go for Webb, Biden or maybe even Richardson. I don't know much about Schweitzer and Hillary is just not palatable at this point.

The HuffPost corrected their mistake of calling Sen. Brown our Gov instead of our Senator.

Voter Recall?

According to this, the number of signatures needed for a voter recall of Marc Dann is 15% of the people who voted for him, or 603,413. I'm confident that the willing signers are out there, but the logistics of collecting them are prohibitive.

Darn.

OH Sen-2: Applications Requested for Ballot Slot

Mike Zickar, Chair of the Wood County Democratic Party, calls for applicants to run for the Ohio Senate to submit their resumes by May 17th:

The position became vacant after Sylvia Washburn withdrew from the race. The Ohio Senate 2nd District seat encompasses Wood, Erie and Ottawa Counties and part of Lucas County.

The Ohio Revised Code specifies that the four Democratic Party county chairs and secretaries within the 2nd District select the candidate who will replace Ms. Washburn’s ballot space. Zickar said, “We will be taking nominations and resumes from all interested candidates with a deadline date of May 17th.” All interested parties are encouraged to contact Mr. Zickar at 419.378.1574 or mikezickar-at-yahoo.com. Letters of interest along with a resume should be mailed to: Mike Zickar, Wood County Democratic Party Chair, 29969 Saint Andrews Road, Perrysburg, OH 43551.

Zickar said, "The 2nd District Senate seat is a race that Democrats can win. We are looking for a candidate who is willing to work hard and stand up with Governor Ted Strickland for the working men and women of the 2nd District.”

Dann's Spokesman A "Dirt Digger"

The decision by disgraced Attorney General Marc Dann to hire Texas-based Jason Stanford as his political spokesperson has some wondering if Dann plans to defend himself by counterattacking against the Democrats who have demanded his resignation. It is not only geography that makes Dann's choice of Stanford as a spokesman peculiar, it is also the guy's specialty. In an op-ed piece in the Texas Observer in 2006 in which he defends negative campaigning, Stanford describes himself and others like him as "opposition researchers, dirt diggers, muckrakers." Why would Dann hire this particular individual if not to fight dirty in his desperate refusal to yield his post?

In the Dispatch today, Stanford said that opposition research is "not his role with Dann" and he "doesn't expect to be taking the fight to Strickland and other critics," but "I'm doing whatever the attorney general asks me to do." Will Dann ask him to dish dirt on fellow Democrats? One thing that is crystal clear about Dann's motivation is that he is looking out only for himself, not for the party or for the people. Dann keeps repeating that he is working hard to provide quality legal service and to regain trust, but there is absolutely nothing that makes Dann's continuation in office necessary to the public good. The opposite is true. Dann can no longer function effectively in the job, his staff wants him out, he has no support from public officials of any political stripe, and even organized labor is against him.

News and Notes: Ohio Congressional Races

Burning up my computer screen today:

OH-01 - Vindicator columnist Todd Franko defends challenger State Rep. Steve Driehaus (D-Price Hill) from the GOP demand that Driehaus cough up money donated at an event headlined by Marc Dann last December, but didn't get the memo that although invited, Dann didn't attend the event.

OH-02 - Challenger Dr. Victoria Wulsin helped letter carrier Lori Cox deliver the mail in Mt. Washington today in an effort to support Branch 43 of the National Association of Letter Carriers (NALC) with their Stamp Out Hunger food drive.

OH-04 - Challenger Mike Carroll (D-Mansfield) writes to say that he recently received the endorsements of the Communications Workers of America district 4 (CWA), The Ohio State Council of Machinist and Aerospace Workers (I.A.M), and the Ohio AFL-CIO. He promises that when elected he will co-sponsor a national health insurance program and support legislation to end the occupation of Iraq. He needs grassroots activity and campaign cash to get his message out - please make a secure online contribution at his campaign site!

OH-10 - Rep. Dennis Kucinich (D-Cleveland) on getting out of Iraq:



OH-13 - Every time the price of gas goes up the GOP harps on drilling in ANWAR, but Rep. Betty Sutton (D-Copley Twp) won't stand for it. She says drilling wouldn't help reduce the cost of oil for years, and in any event "We don't need more oil. Weaning ourselves off oil is the answer."

OH-16 - The first statement by State Sen. John Boccieri (D-New Middletown) about the Marc Dann mess (last Friday) was somewhat sympathetic, but as of Monday Boccieri was condemning Dann's misconduct as an outrage. The GOP attacked it as a flip-flop, but Boccieri says the first statement was merely giving Dann the benefit of the doubt before he learned the details of the case, as Pho indicated he could do.

OH-17 - The congressional Food Stamp Challenge (eating on $21 per week) in which Rep. Tim Ryan (D-Niles) was a high-profile participant last year has inspired the first-ever college campus Food Stamp Challenge, at Stanford University.

OH-18 - Rep. Zack Space (D-Dover) is touting the passage by the House of legislation he sponsored, the Coin Modernization and Taxpayer Savings Act of 2008, which will save the taxpayers money by mandating cheaper metals for coin production by the U.S. Mint. *** Joseph at Plunderbund notes that Space, an undecided superdelegate, met with Barack Obama yesterday. Space has been saying that his "position hasn’t changed" and he's "not going to back anybody anytime soon,” but at the same time he plans to make a decision “once it becomes apparent who the nominee is.”

Paid Sick Days Initiative Launches Signature Drive Today

Today is the deadline for the General Assembly to vote on the Ohio Healthy Families Act, and it isn't going to happen. Only one hearing was held, and no further action was taken.

So, at 2:00 p.m. today at the Coumbus office of ProgressOhio, 251 S. 3rd Street, there will be a gathering of supporters to kick off the the signature gathering phase of the Paid Sick Days campaign. Only 120,583 valid signatures of registered Ohio voters are needed to get the popular paid sick days measure on the November ballot. The Ohioans for Healthy Families Coalition easily exceeded the number of signatures required to put the issue before the General Assembly this past January, so there is little doubt that this new signature gathering effort can succeed if people get out and volunteer.

If you can't make it to the kick off event today, you can sign up to volunteer and even download a signature petition form at the Paid Sick Days site.

OH-15 & 16: Kilroy and Boccieri Nominated for Feingold PAC Support

The Progressive Patriots Fund of Sen. Russ Feingold (D-WI) is conducting another "Pick a Progressive Patriot" program and Ohio challengers Mary Jo Kilroy (D-Columbus) and John Boccieri (D-New Middletown) are among the ten nominees. Visitors to the site vote for their favorite, and the winner will get a $5,000 contribution from the PAC, so go there and vote for Mary Jo or John!

Confession Before Absolution

Politics is now about sex. Not just scandalous sex, not just who is having what kind of sex, but what we think about the sex each politician is having, or not having. Sex (sex, not gender) in politics is as significant a subtext as race.
- It’s the Adultery, Stupid; Michael Wolff

I've come to a shocking realization about myself. As improbable as it seems to me, the person who's sexuality was forged from the amalgamation of National Lampoon, Penthouse and Nichelle Nichols is in fact a prude. I really don't want to hear about Marc Dann's sex life. It creeps my out that the private, emotion filled emails of his staffer/mistress are now grist for the public mill. If a member of his staff has a problem with his conduct then file a complaint. Otherwise, it's none of our damn business. Marc Dann is a grown assed man, and Jessica Utovich is a grown assed woman. Nothing they did was against any law or rule that I've heard of. Maybe that should change, but that's a subject for future policy discussions. (Call me crazy but something tells me that politicians aren't going to outlaw sex with staffers any time soon.)

Here's who's business it is: Marc Dann, Jessica Utovich, and Marc Dann's family. Do you really think that you are doing any of them a favor by publicly tarring and feathering Dann? In my book just as an abortion is a private matter between a woman and her doctor, an affair is a private matter between a husband and wife. No one involved is helped by an orgy of mass media driven public humiliation; they need counseling.

Quote of the Day

“I don’t know if the fat lady has sung yet, but she’s clearing her throat.”

- Rep. Tim Ryan (D-Niles), a Clinton superdelegate, to CQ Politics reporter David Nather this morning.

News and Notes: Ohio Congressional Races

Duly noted:

OH-02 - National Journal's Pat Crowley says writes that "if there is any House race in the nation that is primed for a compelling rematch, it is in Ohio’s 2nd District." His profile of the race presents the arguments from both sides, noting on the side of Victoria Wulsin (D-Indian Hill) her increased campaign experience, fund-raising lead, favorable issues climate, and high Democratic turnout in the primary, and on the side of Rep. Jean Schmidt (R-Loveland) noting her plan to blame Democrats for the high gas prices and the fact that she has recently avoided the embarrassing outbursts and errors that dogged her previously.

OH-03 - Jane Mitakides (D-Washington Twp) will speak at the Ohio Association of Justice convention tomorrow (5/8) at the Hilton Easton in Columbus, 4:30 p.m. in the Magnolia Room.

OH-04 - Mike Carroll (D-Mansfield) got some good coverage in the Findlay Courier of his speech to the Hancock County Democratic Party's spring dinner on Monday:

"Our current congressman says he is for working families, but time after time he's voted against working people's issues," Carroll said. Jordan has "voted against health care for children, against raising the minimum wage, against affordable housing, against the fair pay act, against college cost reduction, against improving Head Start. I mean the list goes on and on and on."

Ohio Supreme Court candidate Peter Sikora (D-Cleveland) also spoke at the event. *** Rep. Jim Jordan (R-Urbana) said on Friday that he's on board with McCain's horrible health care "plan" of taking away the credit employers get for providing health care benefits and letting families do the best they can in the marketplace with a $5,000 tax credit. Not enough up-front cash? Pre-existing condition? Tough luck.

OH-11 - Rep. Stephanie Tubbs Jones (D-Cleveland) has introduced a bi-partisan resolution calling on the U.S. House to focus on activities related to the prevention, testing and treatment of sexually transmitted infections, and to encourage the federal, state, and local government to provide additional funding for screening and treatment services. This follows a recent report showing shockingly high rates of infection, particularly among young African American women.

OH-14 - The entire GOP contingent in the U.S. House of Representatives was invited to the White House this morning for a unity rally with Mr. 28%, and our own Rep. Steve LaTourette (R-Bainbridge Twp) described it as "a lovefest." In a 45-minute meeting characterized as "all sweetness and light," Bush rallied his troops on various measures in Congress, such as the stalled trade deal with Colombia that he wants and the Democratic housing relief bill that he says he will veto. If that's what LaTourette and his GOP colleagues want to do, fine by me ... but let's not let him get away with pretending to be an independent-minded moderate in November.

OH-16 - State Sen. John Boccieri (D-New Middletown) has called for the creation of a transportation district for the Mahoning Vallley that would "include rail, highway and aerospace assets in an effort to combine resources." *** Boccieri campaign blogger GARoach has declared today, May 7th, is "FUNdraising Day," and invites everybody to celebrate by donating $5.07 to his ActBlue page for Boccieri (and by letting campaign manager Ian Walton know that "the blogger made me do it").

She Knows

Here is what the email from the Hillary Clinton campaign says today:

Tonight's victory in Indiana was close, and a margin that narrow means just one thing: every single thing you did to help us win in Indiana helped make the difference.

Every call you made, every friend you spoke to about our campaign, every dollar you contributed made tonight's victory possible. And I couldn't be more thankful for your hard work.

Every time we've celebrated a victory, we've celebrated it together. And tonight is no exception. This victory is your victory, this campaign is your campaign, and your support has been the difference between winning and losing.

Thank you so much for making this campaign possible. Let's keep making history together.

She wants her supporters to "keep making history" but makes no mention of the next primary, no request for campaign contributions, and no reference to being the next president. Compare that to this excerpt from her note after winning in Pennsylvania on April 22nd said:

... Now, thanks to you, the tide is turning in this race. We never stopped believing in one another, never doubted that we could count on each other. You didn't quit, and when I'm president, I promise I won't quit on you.

Now with the next critical contests right around the corner, we need your immediate help to build on the hard-earned momentum of our Pennsylvania victory and continue our success all the way to the nomination. ...

Taegen Goddard reports on Political Wire that Clinton is meeting with advisors in Washington today to discuss the future course of her campaign.

She knows.

UPDATE: - Apparently she isn't going to let knowing stop her.

Profiles in Courage Award Reception for Brunner in Columbus 5/20

05/20/2008 - 5:00pm
05/20/2008 - 8:00pm

Secretary of State Jennifer Brunner (D-Columbus) has been a stalwart champion of free and fair elections. Without her there would have been no EVEREST Report that revealed security flaws in electronic voting machines, no move toward optical scanners with their verifiable paper trail, no shakeup of the dysfunctional Cuyahoga County Board of Elections, none of the many other actions she has taken to help improve elections. She has put forward her recommendations and directives without flinching at partisan opposition.

For all this she was awarded the JFK Library Foundation Profiles in Courage Award, and very appropriately her re-election campaign is planning a reception to congratulate her in Columbus on May 20th.
Details after the flip.

PDA-Ohio: Subodh Chandra for Attorney General!

From the Progressive Democrats of America - Ohio comes this strong endorsement of Subodh Chandra (D-Cleveland) for selection as the Democratic candidate to replace Attorney General Marc Dann:

Like the many Democrats and numerous newspapers across the state, and like our Governor Ted Strickland, we too call for Marc Dann to resign as Attorney General of Ohio. Not only has he embarrassed our Party and the good citizens of Ohio, he has tarnished the office of Attorney General and thwarted his oath to it. That much is clear.

But we do not stop there. We also strongly believe that his replacement not be a person associated with or working for the Attorney General’s office at present. Therefore, we recommend that attorney Subodh Chandra be selected as Ohio’s Attorney General by the Democratic Party leadership throughout the State.

Not only did Subodh Chandra run a solid, upright campaign against Marc Dann for the AG’s office in the 2006 Democratic Primary, he has the experience, the leadership, and the capabilities to serve with the integrity that we deserve and expect in our public officials. He will work for all of the citizens of Ohio with honor, dignity, and -- most importantly -- the utmost regard for the rule of law.

Lawyer, prosecutor, and executive: Subodh has fought against corruption and forthrightly served the public in each capacity. His record is impeccable; his character unimpeachable. Subodh Chandra’s selection will restore citizen confidence and trust in Ohio’s AG office.

We ask you to please contact Governor Strickland and Democratic Party Chair Chris Redfern at the following links and urge them to swiftly rectify this blot on our Party and our State by immediately recommending Subodh Chandra as the choice to replace Marc Dann as Attorney General.

OH-01: ORP Demands That Driehaus (D) Return "Tainted Funds" Raised by Dann

You knew it was coming. Today the Ohio Republican Party issued a press release asserting that challenger State Rep. Steve Driehaus (D-Price Hill) should reject campaign funds collected at a fund-raising event in December at which Marc Dann was the headliner, arguing that "condemning Marc Dann while lining your campaign coffers with money he raised is just pure hypocrisy."

Is this the equivalent of Democratic demands that Republicans cough up money raised by convicted GOP power broker Tom Noe? Unlike Dann, Noe's misdeeds were financial and specifically included breaking campaign finance laws. However, that distinction may be too subtle to neutralize the attacks.

Not all Republicans gave up their Noe-related campaign contributions (for example, three Ohio Supreme Court Justices put it Noe-linked money escrow but have not relinquished it), and they certainly complained about the attacks at the time, arguing that Noe's contributions were ubiquitous and the recipients were unaware of Noe's malfeasance at the time. But these Dann-based attacks on Democrats will become a steady drumbeat nevertheless, and they present Democratic candidates with a difficult choice.

UPDATE: Hilarious! Driehaus responds that Dann never made it to the fundraiser - he was invited but couldn't make it. "Sometimes those Republicans don't get their press releases exactly right," Driehaus said. In any event, he continued, it's ironic for the GOP to make this demand because Chabot had a fund-raiser with the ethically-challenged Newt Gingrich. "It's just silly," he said.

Strickland Says Dann Lied to Chief of Staff Haseley - Was It a Crime?

Mark Niquette has just posted on The Daily Briefing that Gov. Ted Strickland says Marc Dann lied to his Chief of Staff, John Haseley, when Haseley asked Dann point-blank about rumors of Dann having an affair with a subordinate. "It was denied. Categorically denied," Strickland said.

Strickland also said that the incident affects the way he perceives things about the Dann, but "I’m not going to say someone should be removed from office because they told a lie to somebody else." (He also denied that the affair alone is sufficient reason for Dann to resign or be impeached.) However, Strickland said that lying that amounted to perjury would be "something else."

If Strickland meant to suggest that lying to a public official can't be a crime unless it is under oath, he is incorrect. Aside from perjury, there is the crime of obstructing official business:

2921.31 Obstructing official business.

(A) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official’s official capacity, shall do any act that hampers or impedes a public official in the performance of the public official’s lawful duties.

(B) Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division, obstructing official business is a misdemeanor of the second degree. ...

Haseley is a public official who was conducting an authorized act in trying to get to the bottom of the rumors about Dann engaging in immoral conduct, a matter that impacts state government, and Dann's act of lying hampered or impeded Haseley in performing that act.

Husted (R) Signals Slower Pace on Impeachment

Yesterday Democrats indicated that an impeachment resolution could be introduced as early as today, but House Speaker Jon Husted (R-Kettering) refuses to be rushed into it. Today Husted told William Hershey of the Dayton Daily News that he wants more information before proceeding:

"I think there is a big difference between asking someone to resign and moving forward with the impeachment process. What we do will set the standards for how anyone will be impeached in this state going forward and that is a serious constitutional question."

Husted has asked veteran legislator and former judge William Batchelder (R-Medina) to study the impeachment process and related issues and report back by the end of the week. House Democratic Leader Joyce Beatty told Hershey that she agrees with having Batchelder conduct this sort of review and that two Democratic House members will assist him (which strikes me as unlikely to occur in anything but symbolic form). [UPDATE: The three legislators selected to lead the Caucus’ efforts to explore articles of impeachment against Danns, all attorneys, are Jennifer Garrison (D-Marietta), Dan Dodd (D-Hebron), and Mark Okey (D-Carrollton).]

The GOP has every political incentive to want the impeachment process to grind along slowly, maximizing the media coverage of details that emerge during the process and keeping Dann in the public eye as close to November as possible. However, it seems likely that Dann will in fact step down at some point, cutting short the official proceeding ... although it's hard to guess exactly when that will happen.

More Democrats Call for Resignation, and a Few Refuse

Democratic candidates for the Ohio House continue to add their voices to the call for Marc Dann to resign:

OH House-92, Debbie Phillips (D-Athens): “I am angered and disappointed that Attorney General Marc Dann allowed the unprofessional and intolerable atmosphere in his office. Sexual harassment and intimidation cannot be tolerated—Ohioans deserve better from their elected officials. Dann’s conduct and his failure to correct the problems in his office have no place in public life. Therefore I am calling for Dann to resign his office immediately.

"The work of the Attorney General’s office is more important than any one person, as the Governor and other officeholders stated in their letter to the Attorney General. For the good of the office, and to preserve the public trust, Marc Dann should resign immediately.”

OH House-20, Nancy Garland (D-New Albany): "I support the Governor and other Democratic officials in their call for the Attorney General to resign. The actions of the Attorney General and those in his office are inexcusable and he can no longer effectively carry out the duties of his office."

However, I'm seeing a few reports of Democrats who won't join in.

Brad Dicken writes in the Chronicle Telegram that State Rep. Matt Lundy (D-Elyira) in the neighboring 57th House District says Dann should resign, but State Rep. Joe Koziura (D-Lorain) in the 56th House District said he would not vote to impeach:

“I think this is between him and his family,” Koziura said. “He has not done anything to violate any law… or any of the duties of his office.”

The other discordant notes are from two county party chairs in the Mahoning Valley, Lisa Antonini of Mahoning County and Christ Michelakis of Trumbull County, who told David Skolnick of the Vindicator that they would not call for Dann to resign. Antonini said she respects Strickland's decision to ask Dann to step aside but thinks it's between Dann and his family, and Michelakis said he didn't want to call for Dann's resignation solely because Dann is a local resident.

Skolnick also reports that Rep. Tim Ryan (D-Niles), State Sen. Capri Cafaro (D-Hubbard), State Rep. Sandra Stabile Harwood (D-Niles), and State Rep. Ron Gerberry (D-Austintown) all agree that Dann should quit. Cafaro's comment is notable because Dann endorsed her to take over his Ohio Senate seat. She told Skolnick that she is not surprised that Dann is fighting to stay on, but Dann should quit "for the sake of the Democratic Party and his family."

The Meaning of "Misdemeanor" For Purposes of Impeachment

[UPDATE: After posting the following I noticed that Pho has covered this ground and more here, especially as to the effect of impeachment proceedings being final, i.e., not reviewable in any court.]

The prospects for impeachment hinge in large measure on the meaning of the word "misdemeanor" in the following provision of the Ohio constitution:

§ 2.24 Who liable to impeachment, and punishment

The governor, judges, and all state officers, may be impeached for any misdemeanor in office; but judgment shall not extend further than removal from office, and disqualification to hold any office under the authority of this state. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law.

I heard Steven Steinglass, Dean Emeritus and Professor of Law at Cleveland-Marshall College of Law, commenting on the meaning of the word "misdemeanor" in this context just now on "The Sound of Ideas" on WCPN. Steinglass is a co-author of The Ohio Constitution: A Reference Guide (Greenwood Publishing 2005), so he speaks with authority on this question.

Although in modern legal parlance "misdemeanor" refers to a minor crime, usually defined as one punishable by six months imprisonment or less, Steinglass said this is clearly not what was intended in the constitution because it would be absurd if officeholders could be impeached for minor crimes but not for serious crimes. Instead, the word must be construed in historical context as a way of referring generally to any kind of misdeed. Because its meaning is so generic, the General Assembly has wide latitude in deciding how to define it. In other words, it means what the legislators decide it means when they apply it.

ADDENDUM: I should also mention that the topic of what might count as a misdemeanor came up while Prof. Steinglass was on the telephone. He pointed out that while Dann's initial lie to investigators about whether Jessica Utovich had spent the night at his condo apparently doesn't qualify as perjury because it was not made under oath [actually, Dann had been sworn, so it was under oath in that sense, but he changed his statement before signing the deposition], it could still amount to obstruction of justice. While technically the Ohio Senate wouldn't be bound by the statutory definition of the crime of obstructing justice, it is worth noting that the crime is defined very broadly in the Ohio Revised Code when it comes to deception:

2921.32 Obstructing justice.

(A) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime or to assist another to benefit from the commission of a crime ... shall do any of the following:

. . .

(5) Communicate false information to any person;

(6) Prevent or obstruct any person, by means of ... deception, from performing any act to aid in the ... prosecution of the other person ...

OH House-19 & 28: Statements by Harris (D) and Pillich (D) on Marc Dann

A pair of candidates renewing their bids for the Ohio House after impressive performances in 2006 issued these strongly-worded calls for Dann's resignation yesterday:

Marian Harris (D-Columbus) - "Marc Dann can no longer effectively serve the people of Ohio as the Attorney General. His lack of action in correcting a deplorable atmosphere of sexual intimidation and harassment in his office by high level staff was unforgivable and cannot be tolerated in any elected official. His hiring of friends with no qualifications for the high level, high paying jobs they were hired to do was inexcusable. By his actions he has violated the public trust.

"He should resign immediately."

Connie Pillich (D-Montgomery) - “The attorney general’s office should exemplify the best of all workplace practices. But Marc Dann’s leadership has fostered a culture that condones an unprofessional, hostile environment and sexual harassment both in and out of the office. There is no room for this sort of environment in any government agency – especially the Office of the Attorney General. The employees in that office and the people of Ohio deserve better. In 2006, the Democratic Party ran on a platform to clean up Columbus and restore integrity to our government. Mr. Dann has failed to live up to that promise. I am deeply disappointed in Mr. Dann and urge him to resign immediately.

“If Dann refuses to resign, our legislature should begin proper removal procedures. We need an attorney general who is committed to the professionalism and integrity that the office demands. The sooner we get one, the better.”

Pillich also notes in her press release that as an attorney she has represented women victimized by sexual harassment in the workplace, and she also advises small businesses on workplace issues including sexual harassment policies and procedures.

OH House-58: More on Potential Replacements for Barrett

Aaron Marshall reports in the Plain Dealer today that ODP Chair Chris Redfern has identified four candidates interested in being screened for appointment to replace former state representative Matthew Barrett, all elected officials from Huron County: Huron County Commissioner Mike Adelman, Huron County Auditor Roland Tkach, Norwalk Mayor Sue Smith Lesch, and former Huron County Judge Tom Heyman. The deadline for applications is this Thursday (5/8).

Sandusky County Prosecutor Tom Stierwalt, brought in by Norwalk Law Director Stu O'Hara to evaluate the evidence against Barrett, has decided not to file criminal charges in connection with his projection of a topless photo to a classroom of high school students and the subsequent investigation.

UPDATE: I see that Brad Dicken of the Elyria Chronicle Telegram has the gory details on Barrett's misbehavior, including explicitly blaming his own son for the photos (even to the extent of having his son describe downloading pornography to the police), having at least 60 photographs of women (many topless of explicit) on his computer, and receiving such photographs from at least two women with whom he had inappropriate relationships.

More Notes on a Scandal

A few random thoughts for the moment, much more to come:

* The alacrity and unity displayed by prominent Democrats yesterday is undeniably a tribute to strong party leadership. Gov. Strickland and ODP Chari Chris Redfern, et al., have acted decisively and swiftly and with an astute plan, displaying party unity, resolve, and even creativity in the various steps that have been (and will be taken) to isolate and pressure Dann.

* Another part of the explanation for the speed and unanimity with which this is all happening is that there is more misconduct on Dann's part than has so far been publicly revealed. Party leaders are aware of it and have taken it into account.

*The Dann mess overall is helpful to the GOP politically, but the Democrat's shock and awe approach is taking away some of the benefits. The ORP was salivating over challenging every Democratic candidate over whether they support Dann or not, and it looks like that particular stratagem has been negated. By taking the initiative on impeachment, the Democrats have effectively joined the ORP on the moral high ground, and may have foiled ORP hopes to keep Dann in office as long as possible.

* A resolution of impeachment passes the Ohio House of Representative on a simple majority vote. I expect that to happen easily. It may even be unanimous, and could come today or at least very shortly. It then goes to the Ohio Senate for trial, where a 2/3 majority is required for conviction. There will be further investigation (with subpoena power) in the run-up to the trial.

Danngate: Likely Replacement Scenario

[UPDATE: The scenario I heard late yesterday is reported in the Dispatch this morning; I didn't see it until after I posted this.]

Late yesterday I heard that the following plan for the aftermath of the Dann mess is under active discussion and appears to be gaining traction:

* Strickland's Chief Legal Counsel Kent Markus will be appointed interim Attorney General following Dann's resignation or removal but will not run for election in November;

* Treasurer Rich Cordray will run for Attorney General in the special election without giving up his current post; and,

* If Cordray wins the special election he will then give up his seat and Strickland will appoint a replacement, presumably a high-profile county treasurer and/or an officeholder with statewide campaign experience. From my northeast Ohio perspective, Cuyahoga County Treasurer Jim Rokakis and Lt. Gov. Lee Fisher [scratch that, total non-starter] come immediately to mind but there are many others who would fit the bill.

The appeal of this plan is that everybody involved is a blue chip individual and nobody gives up an elected post to participate. In that regard, here are some salient points:

* Markus served as Chief of Staff to Lt. Gov. Lee Fisher when the latter was Attorney General and Deputy Chief of Staff to former U.S. Attorney General Janet Reno;

* Markus is a close ally of Governor Strickland, making him an attractive person for the difficult role of rebuilding the Attorney General's office in a temporary caretaker role;

* Cordray has a stellar career as a government attorney, having served as Ohio's first Solicitor General and having handled cases in the U.S. Supreme Court: and,

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