Busy Snow Day: Indictments and Anti-Discrimination

Former Virginia Governor Bob McDonnell

While most of the Mid-Atlantic and northeastern states have been pummeled by the season's biggest snowstorm -- dubbed a bombogenesis by some meteorologists -- political life goes on in the Commonwealth of Virginia.

Topic A today has been the indictment by a federal grand jury of former Governor Bob McDonnell and his wife, Maureen, on multiple counts of corruption-related crimes, including honest-services wire fraud, obstruction of a federal proceeding, and making false statements.

(Left-libertarian lawyer Harvey Silverglate has written about the vagueness of the federal "honest services" statute on the Volokh Conspiracy, which just today found a new home at the Washington Post.)

I wrote about reactions to the charges against the McDonnells on Examiner.com. Among other things, the 43-page indictment has an intriguing appendix of sorts:

The indictment includes a colorfully descriptive list of items subject to forfeiture, including a Silver Rolex Watch engraved with "71st Governor of Virginia"; one baby blue striped Peter Millar golf shirt; one Heather Mackenzie water color and frame; two pairs of Foot Joy golf shoes; black Rebecca Minkoff shoes; and 30 boxes of Anatabloc®, the dietary supplement at the center of the scandal that has come to be known as “Giftgate.”

Later in the day -- on the cusp of the evening -- McDonnell made a public statement that was broadcast on NBC12 in Richmond.  He was accompanied by his wife, one of his daughters, and his son-in-law.  It's somewhat refreshing to see the wife of a politician standing by his side as he makes a proclamation of his innocence, without her seething inside about the way he's cheated on her with a high-priced prostitute or an Israeli boy toy.

In other Virginia political news, earlier this week a state Senate committee killed a bill -- SB 248, copatroned by Donald McEachin and Adam Ebbin -- that would have prohibited discrimination on the basis of sexual orientation or gender identity in state employment (not private sector employment).

I wrote about this issue on Bearing Drift today, asking whether GOP lawmakers are shooting themselves in the foot when they oppose popular legislation like this.

Four years ago, when similar legislation was under consideration by the General Assembly, I spoke in favor of SB66 as a representative of the Republican Liberty Caucus of Virginia I noted that the RLCVA had endorsed the bill “because we believe it is not the place of the government to discriminate on irrelevant characteristics in employment regarding otherwise law-abiding citizens and taxpayers.”

I added that “if this bill extended to the private sector, I would not support it, and neither would our organization but it is also important to note that the private sector is way ahead of the government in terms of non-discrimination policy. Private businesses recognize that non-discrimination is good business practice. Government is always sluggish and slow to develop ideas like this.”

I noted that this position is at odds with general public opinion, pointing to recent polls by Rasmussen Reports and TargetPoint Consulting. That latter pollster explained:

An overwhelming majority of Americans –including’Republicans – support a federal law that protects gays, lesbians and transgender Americans from discrimination in the workplace. Here – unlike other surveys on similar topics – we asked specifically about federal legislation: 68% of registered voters support federal protection, with only 21% oppose. And indeed, intensity here very much lies with the supporters, as 46% strongly favor the law while only 15% strongly oppose it. When it comes to Republicans, 56% support a federal anti-discrimination law, while only 32% oppose.

That same poll revealed that support for a federal ENDA (Employment Non-Discrimination Act) stands at 65 percent.

Read the whole thing here.

Spiro Agnew Resigned as Vice President 40 Years Ago Today

Another piece from the archives, marking the 40th anniversary of Spiro T. Agnew's resignation as vice president on October 10, 1973. Agnew left office under a cloud in the midst of the unfolding Watergate scandal, leading to the first use of the 26th Amendment procedures for selection of a vice president by Congress to fill a vacancy in that office. (Previous vacancies had gone unfilled throughout the rest of the presidential term.)

This article appeared in The Metro Herald in September 1996 as "Spiro Agnew: Up from the Memory Hole?" It was written on the occasion of Agnew's death on September 17, 1996.

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Early in 1973, a Sunday "Doonesbury" comic strip by Garry Trudeau showed eight panels of the south portico of the White House. Phones are ringing; suddenly a recording answers: "Good morning! This is the White House. We are sorry but all our lines are busy right now. Please hold on. A service representative will be with you in a moment." There is a beep and a pause, followed by: "Good morning. Thank you for calling the White House. May I help you?" "... Ah ... yes," says the caller. "I'm trying to reach Mr. Agnew." Comes the reply: "Speaking."

To many people, this is the predominant image of former Vice President Spiro T. Agnew, who died late Tuesday evening [September 17, 1996] at the age of 77. In the swirl of controversy that defined the Nixon White House -- Vietnam, Watergate, the Energy Crisis -- Agnew was a but a blur, a minor player relegated to the lower levels of the administration; indeed, he was little more than a messenger or telephone operator.

Plucked from obscurity on [August] 8, 1968, by Republican presidential nominee Richard M. Nixon to be his running mate, Spiro Agnew had served as Baltimore County Executive and Maryland's Governor. Though some may claim he remained obscure throughout his truncated tenure as Vice President, the fact is that President Nixon assigned him major duties in both the domestic and foreign policy realms. Those who do remember him recall his lurid turns-of-phrase in his role as the administration's political attack dog.

"Nattering nabobs of negativism" was how Agnew characterized the press in one memorable speech in 1969. Spoken by Agnew, that phrase is ascribed to speechwriter Patrick Buchanan. (Is it necessary to ask, "Whatever happened to him?")

Spiro T. Agnew as Maryland governor

A year later, during the midterm election campaign, Agnew spewed forth against the administration's liberal opponents, saying that "ultraliberalism today translates into a whimpering isolationism in foreign policy, a mulish obstructionism in domestic policy, and a pusillanimous pussyfooting on the critical issue of law and order."

Agnew did not limit his criticism to Democrats, either. During that year's campaign season, he turned his sights on New York Senator Charles Goodell, who as a "Rockefeller Republican" was fairly liberal in his voting record. Goodell was in a tight three-way race that included Conservative candidate James Buckley. Nixon was upset by Goodell's attitude toward the administration's Vietnam policy, and wanted to undercut his re-election efforts in an attempt to favor Buckley.

So Agnew was sent out on the attack. At a meeting of newspaper editors in New Orleans, Agnew suggested that Goodell's most recent statements about Vietnam were wildly inconsistent with the statements and votes he had made as a member of the U.S. House of Representatives. By comparing his earlier and later statements, Agnew said, "you will find Goodell is truly the Christine Jorgensen of the Republican Party." (Jorgensen, in the 1950s, became the first person to have a successful sex-change operation.) Ms. Jorgensen, by the way, was not pleased at the comparison and objected to being used by Agnew as a "political pawn." (Goodell, by the way, lost his race to Buckley, who lost in turn to Daniel Patrick Moynihan six years later.)

Nonetheless, Agnew's role in the Nixon administration was more than just fodder for the media. Behind the scenes he performed important tasks. Henry Kissinger notes in his memoirs, for instance, that Agnew was one of the administration's point-men in the negotiations to end the Vietnam War, and during the drawn-out bargaining of late 1972 was always on stand-by, ready to fly to Paris to sign a peace treaty on the President's behalf.

Agnew's downfall, of course, was petty political corruption. I remember clearly the night of October 10, 1973, when Agnew resigned the vice presidency. My high school classmates and I learned a new Latin phrase: "nolo contendere" (no contest), the plea entered by Agnew that was short of an admission of guilt but still earned him punishment for accepting bribes (and failing to pay taxes on his bribery income) while he served, not only as Governor of Maryland, but as Vice President.

Strangely enough, Agnew treated his graft practices with an eerie sort of lightheartedness. One of the contractors who had delivered thousands of dollars in bribes to Agnew was being pressured to give money to the Nixon re-election campaign in 1972. After hearing his complaint, Agnew said to the man: "Tell them you gave at the office."

Agnew resigned; Nixon appointed Gerald R. Ford to succeed him. When Nixon himself resigned just 10 months later, Ford became "the accidental president." Had Agnew forestalled his own troubles for less than a year, he too could have been president -- and perhaps the second U.S. chief executive to resign in disgrace. What an ironic twist to history that would have been.

Jefferson Loses in Louisiana

It might not be a sign that hell has frozen over -- though certainly one that lumps of illicitly acquired cash have been frozen -- but indicted long-term Louisiana incumbent William Jefferson has been defeated in a congressional runoff election in the state's second district. Anh "Joseph" Cao (pronounced like "gow"), a lawyer with little previous political experience, becomes the first immigrant from Vietnam to win a seat in the U.S. House of Representatives. Cao is also the first Republican to represent the New Orleans-based district in many decades.

Jefferson's defeat marks one of the first times in modern memory that Louisiana voters have rejected a politician who lived under a cloud of corruption. (Remember Edwin Edwards' campaign slogan, "Vote for the crook, it's important", which he used to defeat Klansman David Duke?)

A Wikipedia entry on Jefferson notes that in August 2005,

FBI agents raided Jefferson's home in Northeast Washington and, as noted in an 83-page affidavit filed to support a subsequent raid on his Congressional office, "found $90,000 of the cash in the freezer, in $10,000 increments wrapped in aluminum foil and stuffed inside frozen-food containers." Serial numbers found on the currency in the freezer matched serial numbers of funds given by the FBI to their informant.

With regard to yesterday's runoff election, veteran political observer Hastings Wyman writes in Southern Political Report:

With all precincts reporting, Cao (pronounced “Gow”) had 33,122 votes (50%) to Jefferson’s 31,296 (47%). In a district that is 64% African-American and only 2.7% Asian, as well as about two-thirds registered Democrats, the results underscored the voters’ reaction to Jefferson’s ethical problems; the congressman will stand trial in early January on multiple federal bribery and corruption charges.

Cao, who becomes the first Vietnamese American in Congress, came to the United States from Saigon -- now Ho Chi Minh City -- when he was eight years old. He has an undergraduate degree in physics, a master’s degree in philosophy and a law degree. His only previous political experience was as an independent candidate for the state House of Representatives in which he came in fifth in a field of six.

Despite his lack of a significant political record, Cao, 41, had top-ranking support, including Gov. Bobby Jindal (R) and US Rep. Steve Scalise (R) from the neighboring 1^st District (Metairie, etc.), as well as some Democrats, including Helena Moreno, who lost the Democratic runoff to Jefferson on November 4; former District Attorney Harry Connick (father of the singer); and several New Orleans city council members.

While Cao made only passing references to Jefferson’s legal problem in the campaign, the New Orleans Times-Picayune reported that the National Republican Congressional Committee (NRCC) financed direct mail and automated phone calls that labeled Jefferson “crooked.” In his statement congratulating Cao, NRCC Chairman Tom Cole (OK) said, “Joseph Cao represents a new era in Louisiana - one in which voters continue to reject the politics of corruption.”

(In the photo above, Congressman Jefferson [right] shakes hands with Joseph Wilson, then the U.S. Ambassador to Gabon, at a reception sometime in 1993 or 1994.)