Author Archives: Barry Rascovar

About Barry Rascovar

Since 1971, Barry Rascovar has reported, commented and editorialized on Maryland and national politics and government. He also is a communications consultant and writer in Hunt Valley, MD.

The One and Only Helen Bentley

By Barry Rascovar

Aug. 8, 2016 – She was crusty to a fault. Outrageously opinionated. Cantankerous. Indefatigable. Unrelenting. Incredibly effective. Helen Delich Bentley was truly sui generis.

That’s a Latin term meaning “without a counterpart or equal; unique.” Bentley, who died Aug. 6 at the age of 92, indeed was one of a kind.

The One and Only Helen Bentley

Helen Delich Bentley

Where would the Port of Baltimore be without her? For a stunning 70 years she fought like a tiger in every way imaginable to promote Maryland’s biggest and most important economic engine.

Her journalistic coverage at the Baltimore Sun of the port created a national and international reputation for Charm City’s maritime business and for Bentley.

In the process, she shattered the glass ceiling for female journalists, entering the masculine world of the docks in the 1940s with such effectiveness she become the only female maritime editor and the best-known shipping reporter in the world.

Along the way she found time to write, produce and narrate an award-winning television series about the Port of Baltimore that ran for a stunning 15 years.

Maritime Boss

Bentley could cuss like a sailor, ream out union bosses for threatening the port’s stability and talk turkey to shipping executives about the urgency of maintaining labor peace. She settled more than one strike and gained widespread applause for ending Baltimore’s sorry reputation as the only port where longshoremen refused to work in the rain.

Then it was on to Washington, where she bulled her way into the chairmanship of the Federal Maritime Commission – the highest female appointee in the Nixon administration. She spouted off about protecting U.S. trade and building more ships in U.S. ports like Baltimore. Meanwhile, Bentley used her salty language often enough that Time magazine colorfully referred to her as “Tugboat Annie.”

Bentley’s political activism nearly got her in serious prosecutorial trouble when she delivered a bag of illicit cash to Republican campaign higher-ups during the Watergate era.

She bounced back, though, and ran for Congress against entrenched Democratic Rep. Clarence D. Long, an ardent foe of expanding Baltimore’s port if it meant dumping dredged spoils at Hart and Miller Islands off the coast of eastern Baltimore County in his district.

As usual with Bentley, her persistence paid off and she beat Long on her third attempt. She used her time in Congress to bash Japan and Asian nations for their trade policies, pushed hard to gain appropriations for the Port of Baltimore and fought to empower women.

Ten years later, Bentley entered the race for governor as the heavy favorite only to lose shockingly in the Republican primary to ideological conservative Ellen Sauerbrey. Bentley, a pragmatic conservative, was pilloried for daring to have worked with Democrats – especially Gov. William Donald Schaefer – to further the Port of Baltimore.

Bentley’s anger and bitterness over this betrayal of all she had done over the decades to uplift the state GOP led to severed relationships that were never restored.

Port Business and Antiques

But again, she bounced back, getting more involved in her husband Bill’s large antique store on York Road and opening a highly successful consulting business where she continued to be an implacable force for the Port of Baltimore. Somehow she juggled conflicting connections to the Maryland Port Administration, shipping companies and local and international labor executives.

Now wonder Gov. Bob Ehrlich named the Port of Baltimore after Bentley. It was an unexpected honor richly deserved.

I first encountered Helen when she was winding up her newspaper career and I was starting mine.

She would rush into The Sun’s city room close to deadline like a Nevada cyclone, a whirlwind of passion returning from the docks with a hot story to pound out on her typewriter and a maritime section to oversee. Never pausing to take off her hat – a cross between a Mexican sombrero and an Easter bonnet that was made to impress – Bentley started screaming at her staff in her usual scatological way, sending some scurrying while others simply returned her epithets.

It was a daily sight to behold, especially for a naive reporter unused to the Bentley phenomenon.

Over the years, I got to know Helen quite well, covering some of her political races and interviewing her frequently after I joined the editorial page. She was always fun to interview and always full of frank, pointed opinions.

Crusty but Lovable

Helen Bentley also had a soft and endearing side. While she could be infuriatingly brutal with her staff, she could be touchingly sweet to them moments later.

After I reluctantly took a buyout from The (Setting) Sun, Helen not only showed up for a farewell party some friends put together, she gave me one of her favorite antiques – a statue of a young British newspaper “hawker.”

She was, indeed, sui generis.

Even in her final weeks, Bentley continued to defy predictions, hanging on relentlessly like she always did. I visited her with one of her closest friends, David Blumberg, within the past month and found her as feisty as ever.

“What do you think the expanded Panama Canal means for business at the Port of Baltimore,” I asked Helen.

“Not a damn thing,” she acerbically replied. Bentley never beat around the bush, even while battling brain cancer.

Soon afterward, to my surprise, a letter appeared in The Sun from Helen voicing full support for Republican nominee Donald Trump. She never stopped pushing the ball forward, even while in hospice care.

The Port of Baltimore never had a better friend. Helen Bentley accomplished so much in so many ways.

People living in Baltimore and Maryland are the recipients of her largesse. Her lighthouse may have been de-commissioned, but her deeds stand as a permanent reminder of what she gave us.

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Tale of Two Conventions

By Barry Rascovar

Aug. 1, 2016 – The past two weeks have given us remarkable contrasts of political polar opposites and stunning role reversals. This country’s Democratic and Republican presidential nominees haven’t been this far apart in our lifetime.

The contentious and fearful GOP convention might have set back Republican hopes for victory in November, but Democrats’ more unified and positive gathering sent spirits rising. In the process, you may have noticed Maryland delegates played a largely silent role in Cleveland but a highly visible and important role in Philadelphia.

Tale of Two Conventions

That’s no accident. It reflects the state’s mirror-like standing within the two political parties.

Republicans know Maryland is hostile territory for their presidential candidates. This year, Donald Trump is even persona non grata at the Republican governor’s mansion. The national GOP and Trump strategists have largely written off heavily Democratic Maryland.

No wonder Marylanders were missing from the GOP podium – except for ex-Marylander Ben Carson, now residing in Florida, who energized his fans with a typically rambling speech that included a baffling reference tying Hillary Clinton to Lucifer.

Democratic Doings

Compare that to the frequent Marylander sightings at the DNC in Philly: Retiring Sen. Barbara Mikulski delivering a rousing farewell from the podium as well as nominating Clinton for president; Baltimore Mayor Stephanie Rawlings-Blake presiding over the roll call of state delegates; Rep. Elijah Cummings blasting Trump from the podium, and forgotten former Gov. Martin O’Malley starting a political comeback with a slashing, crowd-pleasing anti-Trump denunciation.

The most surprising performance came from O’Malley. Twice before he bombed as a convention speaker. He laid a giant egg as a presidential candidate this year, too.

But his righteous anger and overblown theatrics played well last week (at least with those in the convention hall) as he lit into Trump with vigor and fiery indignation. The partisan crowd roared.

Will this be the break O’Malley needs to re-start his stalled political ambitions? Perhaps. Speculation has O’Malley being named the permanent new DNC chair, where he could continue ramming Trump with gusto.

More likely, the Clinton brain trust will want more than a one-dimensional firebrand, especially since O’Malley delayed endorsing Clinton. His best shot at a prominent Washington post in a Clinton administration is to take up the role of a pent-up surrogate for the Democratic ticket.

That way he could continue the retail politicking he loves and hopefully impress Team Clinton with his sincerity and effectiveness.

Surrogate Heaven

Surrogates will play a big role in Hillary Clinton’s 100-day campaign.

Whereas Donald Trump pretty much is a one-man show featuring The Donald extemporizing at large pep rallies and on Twitter, the Democrats are turning to a star-studded list of Trump attackers: President Barack Obama, Vice President Joe Biden, former President Bill Clinton, Sen. Bernie Sanders and Sen. Elizabeth Warren.

Team Clinton is portraying Trump as an imminent danger to American society and world peace, a from-the-guts speaker with no political experience but plenty of wild, unprincipled and impractical ideas.

Democrats start with an unexpected advantage. Dissension within the GOP and Trump’s unpopularity with several traditionally Republican core groups – women and college-educated males – give Clinton a rare opportunity to appeal to a far broader audience than usual for a Democratic nominee.

Trump’s unorthodox and extreme views has left the GOP adrift, no longer anchored to some of the party’s historic planks – free trade; a muscular foreign policy; a hostile attitude toward Russian autocrats; limited government spending; restrictions on presidential powers and respect for traditions and constitutional precedents.

Playing the Reagan Card

No wonder Clinton, in her acceptance speech quoted Ronald Reagan and Theodore Roosevelt, both icons of modern-day Republicans. The Democrats’ position on many issues is now more in sync with the GOP’s historic traditions than is Trump’s.

Reagan spoke repeatedly of enlarging the Republican Party’s base to include discontented Democrats and independents. This was his “Big Tent” theme.

Clinton has embraced the Reagan strategy while Trump has opted for an approach that excludes appeals to minority groups – the fastest growing segment of the U.S. population. Instead, he is pinning his presidential hopes on winning over vast numbers of discontented white blue-collar voters.

If Trump triumphs, he’ll have to do well across the country among that demographic group, including in Maryland. He’ll have to exceed expectations in the Baltimore region and even the Washington suburbs.

That’s a tall order, especially when Trump’s limited resources aren’t likely to be spent in the Free State. At the moment, he’s targeting pivotal states like Pennsylvania, Ohio, Michigan and Florida. Yet two of these states haven’t gone Republican in a presidential election in over 20 years.

Clinton, meanwhile, may have secured victory in the battleground state of Virginia by choosing Old Dominion Sen. Tim Kaine for her ticket.

Meanwhile, a federal appeals court last week unanimously banned North Carolina’s discriminatory voter ID law, a ruling that may now give Democrats an unexpected bump in that toss-up state.

Yet with over three months still to go, this year’s presidential race remains unpredictable and very much up for grabs. Trump may appear as the underdog, but no one expected him to seize the GOP nomination, either. We’re in for a wild ride between now and early November.

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Fear ‘The Donald’!

By Barry Rascovar

July 25, 2016 – “Fear the Turtle” is the University of Maryland’s slogan for rallying support at Terrapin sports events. In Philadelphia this week, Maryland delegates to the Democratic National Convention will be using a different slogan to get them energized: “Fear The Donald!”

Fear 'The Donald'!

Donald J. Trump, Republican presidential nominee

What draws Democrats together faster than anything – be they Bernie Sanders delegates or Hillary Clinton supporters – is the pit-in-the-stomach fear Republican nominee Donald Trump, whose over-the-top rants have made him a lightning rod of controversy, will somehow win the November presidential election.

Trump’s bleak, scary and angry rhetoric was on full display when he delivered his 75-minute acceptance speech at the Republican National Convention last week.

His deep pessimism and loud, sweeping denunciations of President Obama and presumptive Democratic nominee Hillary Clinton for everything that has gone wrong in the world made it clear that in Trump’s mind, only he can act as this country’s savior.

That ought to be more than enough to end internal Democratic divisions. It won’t, though, because the liberal vs. pragmatic split within the party remains as deep as ever.

Philadelphia Divide

Sanders devotees have plenty of misgivings and wounded pride to prompt unruly demonstrations, bitter floor debates and pandemonium in the streets. They may not be content to leave Philadelphia united behind Clinton.

Still, the Trump factor could override all other Democratic concerns once the general election campaign heats up after Labor Day.

By then, this week’s spat over dismissive party e-mails about Bernie Sanders and party donors will be ancient history; controversial party chairwoman Debbie Wasserman Schultz will be long gone.

There are more important thing to worry about than liberal Democrats’ misgivings about Clinton’s middle-road approach and her middle-road running mate, Virginia Sen. Tim Kaine.

As Sanders put it on Sunday, “To my mind, what is most important now is the defeat of the worst candidate for president that I have seen in my lifetime, Donald Trump, who is not qualified to be president by temperament, not qualified to be president by the ideas that he has brought forth.”

Bernie on ‘The Donald’

For Sanders, “Fear The Donald” is real and paramount.

As Trump was delivering his long acceptance speech last week, the Vermont senator tweeted a series of zingers:

Those who voted for me will not support Trump who has made bigotry and divisiveness the cornerstone of his campaign.

Trump: “I alone can fix this.” Is this guy running for president or dictator?

What a hypocrite! If Trump wants to “fix” trade he can start by making his products in the US, not low-wage countries abroad.

Trump’s economic plan: $3.2 trillion in tax breaks for millionaires, cut programs for low-income Americans.

What psychiatrist Sigmund Freud referred to as “transference” is going on. Sanders no longer directs his ire and outrage at fellow Democrat Clinton or the DNC but at Republican Trump.

You can expect a lot of re-directed anger in Philadelphia, kicking off Monday night with kicking off with Sanders, Sen. Elizabeth Warren and First Lady Michelle Obama through Thursday night’s acceptance speech.

Dominating News Coverage

Donald Trump is the perfect target. Indeed, Trump relishes being in the Democrats’ bull’s eye. Why? Because it keeps him in the spotlight.

A long time ago a veteran Maryland campaign warrior, George P. Mahoney, pulled me aside after I had written a critical article about his manipulative actions chairing the new State Lottery Commission. He wasn’t mad at all, Mahoney said. “I don’t care what you write about me as long as you spell my name right.”

That, in a nutshell, is Donald Trump’s approach to politics.

Any publicity, in his eyes, is good. He monopolizes the 24/7 news cycle of this Internet Age by posting outrageous tweets and Facebook screeds day and night.

It worked in the Republican primaries. Trump firmly believes in this precedent-setting method of communicating with voters.

Still, Trump will be a hard sell in heavily Democratic Maryland, though Republicans in Cleveland came away thinking otherwise.

GOP Optimism in Maryland

Kendel Ehrlich, wife of former GOP Gov. Bob Ehrlich, saw Trump as a “change agent” in this election versus Clinton representing the status quo. That, she feels, could determine the outcome.

Other delegates said Trump appeals to blue-collar Democrats – the sort of (D) voters who helped elect Ronald Reagan.

Still, the situation in Maryland is daunting for Trump.

State Republicans already are split in their loyalty to the GOP nominee, with Gov. Larry Hogan and Lt. Gov. Boyd Rutherford opposed to Trump. That will hurt statewide organizing and fund-raising efforts.

Meanwhile, the state Democratic Party under former Del. Bruce Poole has had a resurgence in preparing a well-orchestrated get-out-the-vote effort.

The Republicans’ nearly 2-1 voter registration deficit hurts badly, too.

Democrats’ Challenges

So while Trump is expected to do well in underpopulated, rural Maryland and in outlying suburbs, Clinton should have a lock on Maryland’s major population centers, especially in Baltimore City and the Washington suburbs.

The big challenges for Democrats lie in two areas:

1.) Leaving Philadelphia determined to make sure Trump gets trumped in Maryland, and

2.) Ensuring a large, perhaps record-breaking, turnout of Democrats in Central Maryland. That’s where elections are won or lost in the Free State.

Eight years ago, Republican John McCain got less than 37 percent of the Maryland vote. Four years later, Republican Mitt Romney’s vote total dropped below 36 percent.

November’s election looks like a steep, uphill climb for Maryland Republicans. But their candidate is sui generis – a unique, charismatic populist willing to break the mold in presidential politics.

That poses a unique challenge for Maryland Democrats, a point that will be hammered home repeatedly in Philadelphia this week.

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Trump All the Way

By Barry Rascovar

July 18, 2016 – This is a big week for Republicans – their quadrennial national convention in Cleveland. For Maryland’s conventioneers, it’s “Donald Trump All the Way.” Nary a discouraging word will be heard from them – unless they’re talking about Hillary Clinton.

Trump All the Way

Republican National Convention delegates meet in Cleveland this week.

The state’s GOP delegates’ loyalty to Trump, the party’s flamboyant and controversial presumptive nominee, was sealed when the New York real estate tycoon thrashed Texas Sen. Ted Cruz and Ohio Gov. John Kasich in the April 26 Maryland primary.

Most of the GOP convention-goers from Maryland are chosen by congressional districts. They are bound to the primary winner in that district in the opening rounds of balloting.

Trump made the math easy, though: He won all eight congressional districts handily.

He took the Maryland primary with 54 percent of the vote, scoring a high of 63 percent in the Eastern Shore-Harford County First Congressional District and a low of 46 percent in the Baltimore City-dominated Seventh C.D. and the Montgomery-Frederick counties Eighth C.D.

His lowest margin of victory, 14 percentage points, occurred in the liberal Seventh Congressional District.

Unity in Cleveland

If there are rumblings of discontent among Maryland’s GOP faithful, those dissenters are staying far away from Cleveland.

Gov. Larry Hogan, Jr., who grudgingly told the media he would not be voting for Trump (though he still hasn’t explained precisely why), has found an ideal excuse: the annual J. Millard Tawes Crab and Clam Bake in Crisfield – the can’t-miss high point of Maryland’s political summer season.

Hogan hasn’t been a big fan of building up the state GOP infrastructure, anyway. He has yet to attend a Lincoln Day fund-raiser supporting local central committees. He also skipped the last two big annual Republican fund-raisers.

That makes sense, since Hogan was elected after running an outsider campaign on Facebook through his Change Maryland organization. Hogan’s novel approach may have set a new paradigm for statewide GOP campaigns and debunked the value of relying on the local party apparatus for support and backing.

Some Maryland conventioneers remain angry at Hogan’s “no” vote on Trump and his refusal to give silent assent in Cleveland.

Hogan’s Sidestep

But he would have done so at a cost. Democrats were itching to tie Hogan to Trump and the nominee’s sometimes insensitive broadsides. Hogan safely sidestepped that problem by staying home and announcing he’s washed his hands of national politics.

While some die-hard Trump supporters say they won’t forget Hogan’s snub of their hero, they are small in number next to the horde of Democrats and independents he might alienate through a Trump endorsement.

Maryland, after all, is a heavily Democratic state. For Hogan to win a second term, he can’t afford to turn off the state’s large pool of centrist voters. They helped him win in 2014.

Hogan’s second-in-command, Lt. Gov. Boyd Rutherford, won’t be in Cleveland, either. He’s made it clear that Trump “is not my choice at all.” Rutherford will be joining his boss at the Tawes schmooze-fest.

Kittleman’s ‘Strong Feelings’

Howard County Executive Allan Kittleman has been the most prominent Maryland Republican to cite emphatically his disapproval of Trump’s sometimes racist comments.

Kittleman, whose father Bob was one of Howard County’s most prominent civil-rights leaders, stated that Trump does not represent his “strong feelings” on civil right and diversity. “That’s not how I was raised.”

Still, those voices of dissent won’t be heard on the Cleveland convention floor or in the convention hotel hallways.

This is Donald Trump’s moment to shine and he’ll get no argument from his staunch delegate supporters from Maryland.

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A Journalist’s Best Friend

By Barry Rascovar

July 11, 2016—Every Maryland journalist who has filed a freedom of information request or challenged efforts by officials to keep public deliberations secret owes a debt of gratitude to Jim Keat, who passed away July 6 after a prolonged bout with cancer.

Keat passionately detested public secrecy. He led the fight to enlarge and put teeth in Maryland’s Open Meetings Act and its Freedom of Information Act.

Investigative journalists and State House reporters would have been thwarted in their demands for government documents and entrée to state and local government meetings were it not for Keat’s fierce determination to remove the shadows from official public actions.

I knew Jim longer than anyone in my newspaper career. When I held down a summer internship at the Baltimore Sunday Sun after graduating from college, Jim gave me a shot at a job he could offer me once I completed my master’s degree at Columbia University.

The job entailed editing news-analysis copy for a brand-new Sunday opinion section Keat was starting from scratch, called Perspective. I botched the editing test quite badly but you’d never know it from the way Keat diplomatically suggested I stick to learning the reporting trade.

I’m eternally grateful for that rejection, since it saved me from a life on the copy desk far from what I really wanted to do: report on political and governmental news of the day.

Unsung Newsroom Hero

Keat later served 16 years in a key but unheralded role as assistant managing editor for The Sun’s news sections. Every newspaper has someone like Jim Keat, whose name is not widely known to the public but who keeps the complex internal workings of a newsroom in sync and on time.

No news-gathering problem was too big or too small for Keat to handle. He had superb news judgment and vast knowledge of foreign and national affairs as well as what was “hot” on the local scene.

He served as a buffer for journalists when things got heated in editorial meetings. Keat’s boss, Paul Banker, was a reclusive man of few words who rarely dealt with the local staff. It was left to Jim to serve as an intermediary and mentor to us lowly city-desk reporters.

When I joined the newspaper’s Washington Bureau, Keat became our go-to guy for reporters with complaints about how their stories were handled and for those lobbying to pursue tips that might lead to a Page One “scoop.” He saved my hide on numerous occasions.

Then when Jim was winding up his nearly 40 years with the Baltimore Sun, he joined me and his old pal Joe Sterne in the editorial department, where he coordinated daily production activities of the opinion pages. He edited letters to the editor and pounded out well-crafted editorials with an élan and rapidity that spoke to his skills as a consummate journalist.

Advocate for Openness

But it was Jim’s sterling work on behalf of government openness, both at the newspaper and in retirement, that set him apart.

Keat once admitted that he was “frustrated by the inability of the people, not just newspapers, to find out what the government is doing.”

He became a leader of the Maryland-Delaware-D.C. Press Association’s freedom of information lobbying in the Annapolis State House and before county and city councils.

He led two MDDC public records audits of Maryland agencies that demonstrated the closed-door nature of bureaucratic fiefdoms. Keat also plunged into public battles over cameras in the courtroom, court records access and the necessity of regular government audits to test if agency records indeed are accessible to the press and public.

Keat became a constant spectator and testifier at hearings that unmasked weaknesses in Maryland’s Open Meetings Act. Throughout his long career he remained a passionate and demanding voice for freedom of the press and government openness.

Give Thanks

So the next time you read an expose or article on government wrongdoing made possible by documents obtained through Freedom of Information requests, take a moment to thank Jim Keat.

And when you read stories about officials unsuccessfully trying to slam the doors to public meetings, again thank James S. Keat.

He was a Maryland journalist’s best friend. Jim’s relentless work advocating for open access to the people’s government made a lasting contribution to this state.

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Sifting Truth from Hogan’s Fiction

By Barry Rascovar

July 5, 2016 – He’s at it again. Gov. Larry Hogan, Jr. keeps promoting a phony story line to justify attacking Democratic lawmakers and scaring local officials into believing vital road projects are in grave jeopardy.

If that’s the case, why hasn’t the governor named those highway construction projects that are on the “kill list” because of those evil Democrats in the Maryland General Assembly?

He can’t do so because there’s no such animal. Hogan’s bluster is just that: hot air lacking factual back-up.

Last week, Hogan went before conventioneers at the Maryland Municipal League and tried to scare them out of their pants.Sifting Truth from Hogan's FictionHe told them “we cannot and will not let” the General Assembly’s Democratic majority hinder road and bridge repairs.

He did not give one example of such a dastardly deed.

Rally ’Round the Governor

Then he amped up the volume, declaring Municipal League members must rally ’round Hogan to safeguard their local highway aid.

“We’re going to keep fighting to make sure these priority road projects in every jurisdiction continue to move forward,” he said.

“But we need our municipal and our county officials, each and every one of you, to stand with us so our roads and highways don’t go back down a path of neglect and under investment.”

So what is this despicable act perpetrated on local governments and its citizens by the Democratic legislature, according to Republican Hogan?

It centers on a  bill passed in 2015 by lawmakers that forces the state to rank all highway, bridge and transit projects costing more than $5 million that increase capacity. Structural deficiencies and urgent repairs are not included in this ranking.

Hogan vetoed the bill but Democrats easily overrode that veto this year. The law went into effect July 1.

These transportation projects will be rated according to nine objective metrics, such as how much each undertaking improves transportation safety, the economic benefits each project brings to the counties and state and each project’s impact (negative or positive) on the environment.

Hogan’s own transportation department will pick the measurement criteria and do the analysis, not some liberal do-gooder group.

Toothless Law

Once the annual ranking is produced, that’s the end of the story.

Hogan need not follow this priority list. He can ignore it completely.

All he must do, under the law, is explain why he’s disregarding this objective listing of Maryland’s most important road, bridge and transit projects.

It’s a feel-good law lacking any teeth. There’s no enforcement provision. Hogan’s ability to pick and choose transportation winners and losers remains fully in place.

Had this law been in effect in 2015, Hogan still could have killed the Baltimore Red Line subway project and shifted those funds to rural highways where his most ardent supporters live. Nothing would have changed.

All the new law does is provide some welcome transparency. Finally, citizens will get a glimpse into a previously closed-door government process that historically has led to corruption and blatant political favoritism.

Finally, there will be a values-based rating of road, bridge and transit projects and a ranking of which ones score highest.

It Could Get Uncomfortable

Does this endanger local officials’ favored road projects? Not at all. Hogan can still distribute road and bridge goodies as he chooses.

But the rankings may raise uncomfortable questions if county leaders are pushing for a project that scores extremely low.

Yet listening to Hogan’s rants one gets the impression a cataclysmic event is upon us.

He has called it a “terrible, terrible piece of legislation” that threatens “every bridge and every road” project in Maryland!

He has made the blanket statement – lacking concrete, follow-up proof: “We would have to kill pretty much all the road projects in 22 of the 24 jurisdictions. Every bridge and every road.”

Where’s the Proof?

What’s missing are the names of those endangered projects. Until Hogan produces such a list of the road and transit projects he’s been forced to kill because of the new law, his words amount to political bombast.

One of the governor’s likely opponents in 2018, Baltimore County Executive Kevin Kamenetz put the new law that Hogan keeps screaming about in perspective: “I think it’s fair for the General Assembly to ask how do you establish priority.”

Indeed it is. It’s time to remove some of the mystery surrounding the selection of road, bridge and transit projects and start telling the pubic why some road widenings go to the top of the list and others go to the bottom.

We’re not talking small potatoes here. Maryland’s six-year transportation program amounts to nearly $16 billion.

Shining a bit of sunshine on the selection process is long overdue.

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Barry Rascovar’s blog is www.politicalmaryland.com. He can be reached at brascovar@hotmail.com

 

Applying the Law, Not Emotion

By Barry Rascovar

June 27, 2016 – If there is a bright spot in the widespread damage done to Baltimore and Maryland by the Freddie Gray conflagration and its aftermath, it is the sterling performance of Baltimore Circuit Court Judge Barry G. Williams.

While Baltimore State’s Attorney Marilyn Mosby placed politics and placating the city’s riotous crowd above her duties to pursue prosecutions based on rigorously impartial and complete investigations, Williams did the opposite.

Applying Law, Not Emotion

Baltimore Circuit Court Judge Barry Williams

He ruled only on the basis of facts and the law. He didn’t let mob psychology or the passions of protesters seeking a scapegoat deter him from doing his duty as an officer of the court.

He wasn’t swayed by pressure from fellow African-Americans demanding convictions of police officers because someone had to be held responsible for Freddie Gray’s unexplained death in the back of a police paddy wagon.

He didn’t take Mosby’s bait to rush to judgment against the officers on the basis of her prosecutors’ suspect conspiracy theories, novel legal theories and “logical inferences.”

Instead, Williams quietly and sternly administered the law to the nth degree. He gave weight only to solid, verifiable facts, not suspicions.

Sparkling Example

He took seriously the legal precept that the accused can’t be found guilty unless there is so much evidence there is no longer “reasonable doubt.”

All this comes from a lawyer who spent much of his career in the U.S. Justice Department investigating and prosecuting bad cops who gave prisoners “rough rides,” denied defendants their legal rights or harmed minorities in their custody.

Williams has been a sparkling example of how a judge is supposed to act in trials large and small. Like Detective Joe Friday in the old TV series “Dragnet,” Williams wants, “Just the facts, ma’am.” Then he applies the factual presentation of defense and prosecution lawyers against what is written in the Annotated Code of Maryland and in appellate court interpretations of the law.

That’s the way justice is supposed to be meted out in the United States. The highly politicized rulings of the current Supreme Court don’t appeal to Williams. He remains faithful to the law, not emotions or social movements of the moment.

Such bedrock reliance on fact-based and statute-based decisions deserves widespread applause.

Indeed, the next time U.S. Sen. Ben Cardin is asked to recommend a name to the White House for a federal judicial post, Williams should be on Cardin’s short list. And the next time Gov. Larry Hogan is in the market for an appellate judge from Baltimore, Williams should get top consideration.

Faithful to his Oath

There’s a reason Williams was selected to preside over a complex series of hyper-sensitive trials. He runs a strict, no-nonsense courtroom. He’s super-smart. He doesn’t get caught up in Court House politics or appeasing an angry populous. He remains faithful to his oath to apply the law fairly and without partiality.

Williams has more Freddie Gray cases on his docket – unless Mosby drops the cases rather than risk looking inept and foolish for stubbornly pursuing cases that already seem to have more holes than Swiss cheese.

Within legal circles, Mosby’s reputation has taken a mighty hit. Her hurried prosecutions are imploding. She doesn’t appear up to the job. Yet she should have no trouble getting reelected given her star power within the city’s African-American community. She almost certainly will be challenged, though.

Applying the Law, Not Emotion

Baltimore State’s Attorney Marilyn Mosby

More serious is her frayed – some argue broken – relationship with the city’s police department. It’s a situation of her own making that could lead to future blow-ups and deep divisions hurting her ability to piece together winnable cases.

How Baltimore’s all-but-certain next mayor, state Sen. Catherine Pugh, handles this delicate and highly explosive situation could determine whether the city’s criminal justice system wages an effective fight against those bent on victimizing and harming Baltimore residents.

That issue has been ignored amid the media and political focus on Freddie Gray.

Maybe it’s time for cooler heads to prevail. City officials certainly could take their cue from the way Judge Williams objectively handles the “hot-potatoes” tossed into his courtroom.

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Hogan’s Trump Baggage

By Barry Rascovar

Hogan has a problem

His name is Donald Trump.

Everywhere that Hogan goes,

The Donald trails behind him.

Poor Gov. Larry Hogan, Jr. He’s tried like the dickens to separate himself from controversial Republican presidential contender Donald Trump.

He’s said how disgusted he is with national politics – an indirect slam at Trump.

He’s noted he won’t be going to the Republican National Convention in Cleveland next month, anyway.

He has said he’s no fan of Trump and that the combustible New York developer ought not be the Republican nominee.

He endorsed and campaigned for a Trump rival, New Jersey Gov. Chris Christie.

He says he’s not part of the presidential discussion and doesn’t want to talk about Trump any more.

When pressed further by reporters, Hogan said he was “speechless.”

But, the questioner continued, would he campaign for Republican Trump in Maryland? That, Hogan said was “a stupid” question.

Hogan’s ‘Not Involved’

In exasperation, Hogan nearly mimicked a statement to reporters made by the late Gov. Marvin Mandel in denying any role in an enrichment scheme by his friends. Hogan’s version: He’s not involved and doesn’t plan to be involved in anything having to do with any aspect of Trumpian presidential politics.

None of these quasi-, semi- or circuitous denials seemed to work. Hogan’s Trump baggage keeps weighing him down.

Reporters still are badgering him. Does he support the new leader of his party? Does he agree with the almost daily conspiracy allegations and undocumented bombshells coming from Trump’s tweets?

He’s tried dodging reporters, cutting off his responses, walking away from the podium or rushing into his waiting vehicle.

He even made the claim, “I have nothing to do with Donald Trump” – as though the man about to become titular head of the GOP is an alien to Maryland’s Republican governor.

Finally, Hogan tried a more direct response: He’s not going to vote for Trump in the November election.

Clinton, Johnson or a Write-in?

Does that mean he intends to vote for Democrat Hillary Clinton or Libertarian candidate Gary Johnson, the former New Mexico governor? Or will it be a write-in presidential name?

Hogan says he’ll make up his mind when he casts his ballot.

Maryland Democrats are gleeful watching the Republican governor twist like a pretzel attempting to half-divorce himself from Trump.

Both Baltimore County Executive Kevin Kamenetz and U.S. Rep. John Delaney –potential Democratic opponents in 2018 – have tweaked Hogan for his intransigence in separating himself from Trump.

Delaney even paid for a truck to haul a billboard around the State House questioning Hogan’s silence.

Callers to right-wing talk shows indicated a mixed verdict on Hogan’s “I won’t vote for Trump” statement. Some applauded him for taking a principled stand. Others condemned him for what they consider a turncoat action.

Campaigning for Szeliga

Hogan’s position may anger many staunch conservative Republicans in the short run but over the long term the discontented are likely to stick by Hogan when he runs for a second term in two years.

Those who doubt Hogan’s loyalty to the GOP will see the governor campaigning for Republican Del. Kathy Szeliga of Baltimore County, who is running for U.S. Senate in November. Szeliga has denounced some of Trump’s comments as racist and discriminatory, yet she has not gone as far as Hogan in her separation from the presidential candidate.

Questions will keep coming Hogan’s way, though. He has yet to condemn any of Trump’s beyond-the-pale accusations or indicated whether he agrees or disagrees with what Trump alleges.

Questions also will start coming about Hogan’s position on presidential issues that impact Maryland, such as the need, or lack of a need, for more gun-control legislation in light of the slaughter in Orlando.

The next four-plus months could be quite uncomfortable for Governor Hogan as he continues to try to tiptoe around the presidential conundrum Trump is creating for Republican leaders.

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Crunch Time for P.G. Hospital

By Barry Rascovar

June 13, 2016 – Here we go again: Another liberal-conservative showdown over a new hospital for Prince George’s County. Only this time, the confrontation isn’t between Republican Gov. Larry Hogan, Jr. and the Democratic legislature.

Instead, the tug-of-war is between a conservative political scientist from a Republican think-tank and Democrats in the county who control its hospital system.

Crunch Time P.G. Hospital

Proposed Prince George’s Regional Medical Center

The think-tank guru, Robert Moffit, was placed on the Maryland Health Care Commission by Hogan. It’s his second time around, having been on the panel before under Republican Gov. Bob Ehrlich.

Due to a quirk in the way the commission conducts its business, Moffit has life-or-death powers over the proposed $655 million Prince George’s Regional Medical Center. He’s been assigned to evaluate this project and if he’s unwilling to sign off, the panel won’t issue the essential certificate of need (CON) for construction.

Wring Price Concessions

At the moment, Moffit is playing hardball.

He wants to wring $112 million from the project’s cost by cutting the number of acute care beds and dramatically shrinking room size. Moffit’s modifications call for fewer inpatient beds, fewer operating rooms, fewer emergency room bays and no specialty wing run by the Mt. Washington Pediatric Center.

It would be a stripped-down model designed to break even with far fewer customers coming through the doors.

That’s in keeping with both conservative Republican manta (do more with less) and a trend in health care that stresses outpatient treatment over hospital admissions.

Moffit, who works at the Heritage Foundation, doesn’t want a white elephant – a hospital that is half-empty and unable to pay its bills or avoid red ink.

That’s been the sorry state of county hospitals for decades under Dimensions Healthcare System, which has shortchanged county residents through long-standing management incompetence, political cronyism and an inability to offer quality medical care.

Deal in Annapolis

A running battle in Annapolis finally led to an agreement in which the state and county governments would chip in for a brand-new regional medical center in Largo, replacing the run-down, 75-year-old hospital at Cheverly and consolidating county in-patient beds at one site.

What sealed the deal was agreement by county politicians to relinquish control to the University of Maryland Medical System (UMMS), which has a record of turning woebegone hospitals into winners for patients and the bottom line.

But Moffit doesn’t seem impressed with what UMMS brings to the table. He’s so focused on the financials that he may be missing key, unspoken elements.

First, Prince George’s County is a health care desert. It is bereft of a comprehensive medical center. No wonder sick residents go elsewhere for in-patient hospital care – to Southern Maryland, to Anne Arundel County, to Montgomery County and to the District of Columbia.

A gleaming, ultra-modern regional medical mecca at Largo, with all the bells and whistles patients and doctors demand, could reverse the out-migration of patients in a hurry.

Indeed, the combination of a cutting-edge, high-tech hospital run by a nationally ranked teaching hospital could result in a stampede of primary care physicians seeking office space nearby. The dearth of primary care docs has been a major shortcoming in the county – a situation UMMS already is working hard to fix.

Different Fruits

Moffit also wrongly compares costs for the P.G. regional medical center to the new community hospital Washington Adventist Hospital is building in Montgomery County. The two have as much in common as apples and oranges.

The Largo project will be far more expensive because the demands for services are far greater in Prince George’s – and infinitely more complex.

The current Dimensions hospital in Cheverly is the second busiest trauma center in Maryland. With violent crime rising in the populous county, you can expect an even greater need for more emergency room bays and high-cost trauma medical care. That’s not factored into Moffit’s equation.

Nor does the commissioner take into account the enormous size of the county with a population that will hit 1 million in the not too distant future. Yet there’s a lack of even one high-caliber hospital.

That’s unacceptable.

Centerpiece of Change

Moffit concedes “a new general hospital campus in Prince George’s County is needed.”

What he doesn’t acknowledge is that this large, fast-growing subdivision with a huge minority population has always been short-changed. For too long, this populous region of Maryland has been denied a first-class regional medical center that can handle diverse and complex cases.

The last thing Prince George’s needs is a shrunken, run-of-the-mill general hospital.

Additionally, Moffit fails to take into consideration that a highly competent and experienced operating team from a premier teaching hospital will be running things.

Moreover, the mission isn’t just cost-efficient management of the new Prince George’s hospital. There’s a larger goal: to transform the county’s entire health care delivery system.

The centerpiece of that transformation is the new regional medical center.

Dumbing down the medical centerpiece denies county residents the kind of top-flight regional inpatient facility they deserve. It sets the stage for a penny wise/pound foolish decision from the Health Care Commission.

It also could lead to an angry response in Annapolis from dismayed Democratic legislators who are unwilling to accept a second-rate compromise.

They could demand sweeping changes in laws governing the Health Care Commission, reconstituting the panel and ensuring that one commissioner no longer gets to rule with near-dictatorial authority on hospital-construction projects.

There’s still time for a sensible resolution. Dimensions and UMMS have until Aug. 31 to respond to Moffit’s unreasonably stiff demands. It would be just as unrealistic to under-build as to over-build at Largo.

This is one decision the Health Care Commission had better get right.

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Grading Larry Hogan

By Barry Rascovar

Five vetoes and two major appointments in the past week tell us a great deal about Gov. Larry Hogan, Jr. – some good, some not so good.

He’s proving to be a more conservative governor than voters probably imagined when they voted him into office. He’s also proving surprisingly doctrinaire in the extreme language in his statements and messages.

Let’s look at Hogan’s recent decisions and grade him the way his college professors might have:

Transit oversight board  

Hogan’s veto language is hysterical in discussing the Maryland Transit Administration Oversight and Planning Board, HB1010. His veto message is a blatant political document meant to rally the faithful. Hogan said  the bill’s provisions “represent a sophomoric attack on sound transportation policy by creating an unprecedented imposition of a politically-driven board to second-guess the authority of an executive branch agency.”

That’s pure hogwash.

This bill merely sets up a transportation advisory panel, another toothless tiger, like the earlier transportation scoring system he vetoed but the legislature overrode. But at least citizens who ride public transit would have a voice to express their concerns via this advisory group.

Transparency and public input are at the heart of this bill, two elements any sane politician ought to applaud. But by vetoing the bill, Hogan comes down emphatically on the side of secrecy and imperial-style decision-making.

In his message, Hogan made the ridiculous claim that the bill degrades Maryland’s quality of life and harms the state’s competitiveness – total buncombe.

He gets an emphatic F.

Morgan State University housing

This bill bars redevelopment of the Northwood Shopping Center in Baltimore, where student housing is planned for nearby Morgan State University – unless a local community group approves.

This is a local spat that never should have been taken on by the General Assembly. It is dangerous overreach.

Besides, the conflict between town and gown largely has been settled. There’s no need for such a disruptive and intrusive piece of legislation.

Hogan chose the correct path.

He gets an A.

Bridge over the Potomac

The governor had nasty words for this bill, which forces the state to set aside $75 million over the next 10 years to start paying for a replacement for the scary-as-hell 76-year-old Harry W. Nice Bridge that connects the northern neck of Virginia with Southern Maryland.

Grading Larry Hogan

Gov. Harry W. Nice Bridge crossing of the Potomac River in Southern Maryland

Hogan accused the legislature of superseding the “professional judgment” of his transportation staff. Au contraire, governor.

This bill restores the priority status given to replacing the Nice Bridge by the O’Malley administration. Instead of building a modern $1 billion bridge, Hogan’s folks want a far cheaper expansion of the existing, dangerous crossing over the Potomac River.

That’s not good enough. Until Hogan cut tolls on Maryland roads and bridges, the state had designated a replacement for the Nice Bridge as one of its top objectives. Now there’s not enough money to do the job.

There’s nothing wrong in the legislature expressing its will on major transportation projects. The long debate over the original Bay Bridge took place in the General Assembly. Governance in Annapolis is a shared responsibility – something Hogan wants to change.

Give him an F.

Supporting renewable energy

This bill forces utilities to turn more rapidly to renewable energy for electricity. It’s a boon for advocates of solar and wind power.

The current goal is 20 percent renewables by 2022. This bill forces utilities to reach 25% and to do so two years sooner.

That’s a steep challenge, even with subsidies from ratepayers that could cost close to $200 million by 2020. It may be asking for the impossible.

Maryland has made good progress on the road to renewable energy. But there’s a limit to how far this state, given its latitude and harsh winters, can march in that direction. We’re not part of the Sunbelt and state officials have walled off vast stretches of Western Maryland for renewable wind farms.

Besides, utility rates have been rising for Marylanders, many of whom struggle to make ends meet. Hogan is not about to permit what he sees as a backdoor tax increase.

He merits an A for this veto.

Education collaborative

This bill, SB910, runs into all sorts of constitutional conflicts. The goal is noble – a panel tasked with devising ways to help poor students do better in school. But two members of the General Assembly would hold seats on this board, which would hire a director and staff and set far-reaching education policy.

That’s the job of the executive, not the legislative branch, as any student of high school civics knows.

Hogan is right to teach the bill’s supporters a lesson in constitutional government.

His veto gets a grade of A.

New Public Service Commissioner

Del. Tony O’Donnell of Calvert County is the governor’s latest Public Service Commission nominee. In some ways, it’s a curious choice. O’Donnell, a former House minority leader, is a sharp, talkative conservative Republican who seems to have worn out his welcome even in Republican circles in the House of Delegates.

He knows a lot about the inner workings of electric utilities and the science of nuclear energy, having worked as a supervisor for BGE at the Calvert Cliffs nuclear plant.

Yet he’s a pro-business Republican who isn’t likely to give much weight to environmental pleas for “green” power. He’s also not a lawyer and hasn’t steeped himself in the arcane statutory meanderings of utility regulatory law.

O’Donnell will bring an interesting outlook to PSC deliberations. But he’s liable to find those endless hearings dull, long-winded and extraordinarily dense.

Hogan could have done better. He gets a B-minus for this appointment.

New Court of Appeals judge

The governor played political favoritism here, nominating his chief lobbyist, Joe Getty, to the state’s highest court.

Yes, Gov. Marvin Mandel did the same thing with Judge John C. Eldridge. But Eldridge brought to the bench considerable experience with a high-powered law firm. He was widely respected as a legal scholar.

Getty, in contrast, is a former legislator and solo practitioner from Carroll County. He could be overwhelmed by the immensity of confronting 200 highly complex legal appeals each year.

Getty, a staunch but sensible conservative, replaces one of the most liberal judges on the appeals court, Lynne Battaglia. He brings a different perspective to deliberations.

But he also could find himself over his head, having never served as a jurist or been under the gun to write dozens of obtuse appellate decisions on technical legal disputes.

Hogan should have named Getty to a lower court so he could gain much-needed experience before throwing him into the judicial lion’s den.

The governor’s grade: C-minus.

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