Category Archives: Maryland Politics

Hogan’s Worst Nightmare: Trumpcare

By Barry Rascovar

May 8, 2017 – Maryland Gov. Larry Hogan’s worst nightmare is starting to come true. Trumpcare has passed the U.S. House of Representatives. If the Senate finds a way to give President Trump what he wants, it could spell a heap of trouble for Hogan in 2018’s general election.

The Republican Party’s mania with obliterating Barack Obama’s massive health insurance law has led the majority party in Washington to ignore common sense.

“Repeal and replace” is a GOP obsession – though an estimated 24 million people could lose their insurance, tens of millions more could be out of luck due to pre-existing conditions and medical programs for the poor could be cut 25%.

It also would damage the nation’s economy. That’s especially true in Maryland, where healthcare is one of the state’s biggest employers.Hogan's Worst NightmareIt is almost certain to be the No. 1 issue in the 2018 mid-term elections, even if the Senate approves a diluted Trumpcare bill.

What a devastating state of affairs for Republican Hogan. Until the House vote last week, he appeared in excellent shape to win a second term.

Now he has to figure out how to tiptoe around this explosive issue that already is proving highly unpopular.

Unfavorable Poll Numbers

A Washington Post-ABC poll last month found 61% of Americans opposed Trumpcare. A Quinnipiac poll the month before found Trumpcare support stood at just 17%.

Most Americans, it appears, would rather stick with the existing – though seriously flawed – Obamacare medical insurance program and fix parts that aren’t working well (“keep and improve” as opposed to the GOP’s “repeal and replace”).

Wait until the Congressional Budget Office issues its cost and impact analysis of the House-passed version of Trumpcare. It could expose the bill’s soft underbelly. Public resistance could grow louder.

For Hogan, House passage of Trumpcare might be the beginning of bad news.

He could be trapped in a nearly untenable position: A Republican who might have to disavow his own party leaders in Washington to survive.

Hogan won election in 2014 by promising “no new taxes.” Does that mean he will let Trumpcare’s 25% cut in federal Medicaid funds lay waste to Maryland’s health programs for the poor and near-poor? Where would he find hundreds of millions in state dollars to cover those unfunded programs?

How does he run for reelection with Trumpcare hanging over his head?

Justifying Republican Plan

How does Hogan justify to voters his party’s plan to let insurance companies charge outrageously high premiums – or deny coverage entirely – for people with “pre-existing conditions”? This could be anyone with acne, anxiety, depression, diabetes, obesity, cancer, pulmonary problems, asthma or even allergies.

How does he tell older working Marylanders that under his party’s plan their insurance premiums could jump an unaffordable 500%?

How does he explain a cut of $600 billion in taxes that supported Obamacare – a massive windfall for wealthy Americans, insurance companies and medical device companies?

How does he justify $880 billion in healthcare cuts to Medical Assistance for the poor?

Hogan & Company should be praying that the Senate junks the House bill and takes a few years to figure out what to do next.

Otherwise, the GOP across the country – including here in Maryland – could take a shellacking for its all-out effort to appease its conservative base.

Gift to Democrats

There’s no doubt Democratic candidates for Maryland governor will tie Hogan to Trumpcare.

Every candidate will be running ads with tales of how middle-class and working-class Marylanders would be hurt, how lives hang in the balance.

It is a gift from heaven for Democrats.

One Republican pollster called the GOP’s insistent quest to wipe out Obamacare “political malpractice.”

Until recently the notion of Democrats regaining control of the House by picking up 24-plus seats next year appeared wishful thinking. Thanks to House Speaker Paul Ryan’s determination to pass a draconian Trumpcare bill, that’s no longer the case.

Little wonder Democratic House leader Nancy Pelosi – the former Nancy D’Alesandro from Baltimore’s Little Italy – was practically giddy.

Every Republican will be vulnerable, unless he or she disowns the GOP’s No. 1 issue and risks losing support from Trump’s supporters. “This vote will be tattooed to them,” Pelosi vowed.

That includes Republican Hogan, who has made an extensive effort to distance himself from Donald Trump and his controversial comments and proposals.

That may not be enough to give him immunity from this highly contagious political disease.

When virtually every healthcare group – from the American Medical Association to the American Hospital Association to AARP – as well as virtually every insurance group vehemently opposes the Republicans’ “repeal and replace” crusade, smart politicians should pay attention.

Failure by the GOP to “listen and learn” could prove fatal come November 2018 – both in Maryland and nationwide.

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Get Ready for Maryland’s Democratic Circus

By Barry Rascovar

May 1, 2017–If the election for Maryland governor were held tomorrow, Alec Ross would win: He’s the only one who officially has announced his candidacy.

Alec who?

Get ready for a circus of a gubernatorial campaign among Democrats. Ross is just the first of what could be a carload of clowns pouring out of a small VW Bug with the bumper sticker: “Dump Hogan.”

Good luck on that one.

Ross’ slick, four-minute video introducing himself is instructive. He lays out the “poor boy makes good through education” saga. The opening line of the video:

“Growing up in coal country taught Alex Ross about hard work.”

Get Ready for Maryland's Democratic Circus

Alec Ross

He stresses his days teaching sixth-graders at an inner-city Baltimore school.

Ross preaches the need for bold thinking and innovation, especially in the area of education. More than anything, he hammers at Gov. Larry Hogan “for allowing Donald Trump to bring his agenda to Maryland.”

That’s THE theme of the upcoming Democratic primary campaign. Every gubernatorial candidate will be shouting it from the hilltops.

Ross zeroes in on Hogan joining Trump’s controversial education secretary, Betsy DeVos, in a much-publicized photo-op session in a Montgomery County classroom. DeVos would love to see mass privatization of public schools – a radical but necessary solution in her eyes.

Ross attacks the education problem from the Democratic far-left rather than the Republican far-right. He’d use technology and a massive boost in schooling that prepares students for 21st century jobs. He wants to employ innovation to bolster public schools, not obliterate them.

He goes on to attack Hogan for “not standing up to Trumpism,” for failing to oppose Trump’s budget plan that would wipe out Chesapeake Bay cleanup funds.

It’s the first direct shot across Hogan’s bow in the governor’s race – but it will sound all too familiar by the June 28, 2018 primary.

Ross was a Hillary Clinton adviser on technology in the Obama administration. Innovation and looking at problem-solving differently is his thing.

But will that be enough to win an election?

Resume Gap

Ross, like many of the likely candidates, is a new face to most Marylanders. He has never been elected to political office for dog catcher or anything else. He’s taught in a classroom, written a book, held a federal job as an adviser but never been in the thick of local or state politics.

He’s lacking a key element on his resume.

That’s also the case for Jim Shea, a highly regarded Baltimore attorney who ran Maryland’s largest law firm for 22 years. Shea devoted considerable time serving on civic boards and public service commissions. His slogan: “A Fighting Voice for Maryland.”

No elected office appears on Shea’s resume.

Get Ready for Maryland's Democratic Circus

Jim Shea

His theme is similar to Ross’. On his website Shea says, “Maryland and our country are under attack by Donald Trump, a man who cares only about himself and who is hostile tour American way of life. Meanwhile, our governor sits silently, watching from the sidelines, even as the progress we have made in Maryland is threatened on a daily basis.”

This is why Shea is “laying the groundwork” to run for governor. “There is simply too much at stake.”

Making the Rounds

Funny, but that’s what all the governor wannabes are saying.

Both Baltimore County Executive Kevin Kamenetz and Prince George’s County Executive Rushern Baker have been making the political and publicity rounds for months laying their own groundwork for a gubernatorial run focusing on the Trump threat and Hogan’s “go along to get along” attitude.

Kamenetz and Baker, though, have limited appeal and are widely unknown outside their home regions.

Baker has an added problem: Another African-American, former NAACP president Ben Jealous, is talking about a run for governor. That could split this large, influential Democratic primary vote.

Get Ready for Maryland's Democratic Circus

Ben Jealous

Jealous wants to be the far-left Bernie Sanders clone in Maryland, preaching a social agenda of drastic change. That may have limited appeal in a state where Sanders lost by nearly 30% to the more moderate Clinton in Maryland’s presidential primary.

Meanwhile, three-term Rep. John Delaney is looking at a run for Government House.

He’s much more in the moderate, “blue dog Democrat” camp, touting his own innovative plan for a massive re-building of America’s infrastructure and sharply taking Trump to task for his radical proposals.

Delaney, too, is little known outside his sprawling Western Maryland/Montgomery County congressional district.

One advantage: He made a fortune (estimated net worth: $180 million) by establishing two New York Stock Exchange companies that helped small and mid-sized businesses obtain loans.

Delaney could self-finance a very expensive campaign (think former New York City Mayor Michael Bloomberg) to make himself and his ideas a household word.

Montgomery Candidates

Name recognition would not be Doug Gansler’s problem – a two-term state attorney general and a two-term state’s attorney in populous Montgomery County.

Gansler, though, is remembered for a disjointed and sometimes comical race for governor in 2014 when he received only 24% of the Democratic primary vote.

He’s  now got the advantage of being an outsider (working for a Washington, D.C. law firm) and he has a statewide network of contacts and voters who supported him in the past.

He and Delaney, however, might split the key Montgomery County vote.

Gansler’s plight could become even more perilous if another Montgomery politician jumps into the race – state Sen. Rich Madaleno, a vocal foe of Hogan’s legislative policies.

Get Ready for the Maryland Democratic Circus

State Sen. Rich Madaleno

Madaleno would capture much of the state’s gay vote (as Del. Heather Mizeur did in the 2014 primary with 22%) and would be a popular choice in his home district.

His leadership role in Annapolis on budget issues isn’t well known and could relegate Madaleno to a back seat in a statewide race.

There’s also a chance still another Montgomery County politician could be pushed into the governor’s race – Attorney General Brian Frosh.

He’s been a popular AG and has not hesitated to criticize Trump. Frosh is positioned to grab tons of headlines in the next year, thanks to legislation passed over the governor’s veto giving Frosh full power to file suit against Trump actions if he deems it appropriate.

Frosh is a quiet, often cautious, liberal Democrat who could be viewed as a bridge-building unifier within the party. 

All of these contenders will be singing from the same “Dump Trump/Hogan” hymnal. How Democrats figure out which one is best positioned to take on a hugely popular, moderate Republican governor is the big question.

Or will the Democratic primary turn into a destructive civil war in which the party’s far-left, “progressive” wing wins a Pyrrhic victory, with little or no chance against Hogan in November? 

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MD General Assembly muscles up at Hogan’s expense

By Barry Rascovar

March 10, 2017 – When the clock strikes 12 tonight, Maryland Gov. Larry Hogan will breathe a huge sigh of relief. With luck, the Maryland General Assembly – which has been increasingly aggressive in opposing the Republican chief executive – won’t return to Annapolis until next January.

There have been few reasons for Hogan to take comfort in his dealings with the state legislature this year – or indeed for the two earlier 90-day sessions.

Hogan and President Trump want to run things the way they did as private-sector real estate CEOs. Working cooperatively with a large, diverse and divisive legislature isn’t in their DNA. Nor is give-and-take compromise.

Yet that’s the very nature of the legislative branch, where no one ever gets 100 percent of what he or she wants.Md General Assembly gains power at Hogan's expenseLawmakers come to realize they must settle for a half-step forward or a partial victory while the opposition gains concessions that make tolerable what, in their eyes, could have been a truly bad law.

That sort of meeting of the minds hasn’t happened all that often during Hogan’s time in the governor’s mansion.

Going Nowhere on Bills

In many respects, 2017’s legislative session was the most miserable for Hogan. His No.1 objective – eliminating a paper-tiger of a law requiring transparency in ranking transportation projects – went nowhere.

He pilloried the Democrats’ “Protect Our Schools Act” designed to prevent state school board conservatives appointed by Hogan from stripping local school systems of autonomy to deal with underperforming schools.

The result? A humiliating defeat as the bill passed by large margins. The governor then vetoed the measure – as promised – only to see Democrats easily override the veto.

Hogan harshly assailed Attorney Genera Brian Frosh’s bill to expand his powers and allow Frosh to sue the Trump administration without first gaining the governor’s consent. That’s a huge increase in Frosh’s clout at Hogan’s expense.

Lawmakers also stripped Hogan and Comptroller Peter Franchot of their authority to dole out school construction funds in the humiliating “begathon” sessions imposed on school superintendents. The duo had withheld millions from Baltimore City and Baltimore County schools a year ago and that helped precipitate this session’s payback.

Hogan as Trump

In lawmakers’ eyes, Hogan came to symbolize President Trump, even though the two Republicans disagree more often than not.

Legislators approved language that would use state dollars to replace any federal funds taken from Planned Parenthood by Republicans in Washington. Maryland Public Television received the same assurances from Democratic lawmakers.

There were some areas of agreement in the State House, though.

Hogan and lawmakers worked together on a bill to stem opioid overdoses through treatment and prevention.

They found middle ground on a partial relief measure to help Baltimore City schools dig out of their deficit by tying this aid to school funds for Republican-voting counties with a similar lower-enrollment problem.

Broadsides and Animosity

Hogan did a convenient flip-flop on banning hydraulic fracturing in drilling for oil and gas in Maryland to assuage environmentalists – a meaningless action since no such drilling takes place in Maryland or is likely any time soon.

But the governor kept hammering away at Democrats in the General Assembly with broadsides that only deepened the animus.

He was especially harsh of lawmakers indicted for a string of alleged wrongdoing, from campaign finance violations to local liquor board shenanigans to shady actions tied to the award of medical marijuana licenses to a payoff scam in return for promising passage of special legislation.

Yet when the legislature finally agreed on tougher ethics laws, Hogan was full of praise, though the result came nowhere near achieving what the governor had demanded.

Hogan did a good job working out differences on the state budget – largely because he proposed little that was new or controversial. He deserves credit for keeping a tight lid on spending as Maryland approaches a time of enormous economic uncertainty.

Unmet Needs

One thing the governor failed to do was formulate a comprehensive relief plan for beleaguered Baltimore City. Two years after the Freddie Gray riots, scant progress has been made. Hogan has been conspicuously absent.

He also has yet to take steps to prepare the state for what appear to be massive federal spending cuts that could cost Maryland and Virginia tens of thousands of jobs and create an enormous economic ripple effect.

So as legislators finish their chores and head for home, they can look back on a session in which they reversed roles with the governor. Lawmakers were the pro-active initiators of actions, not the chief executive, who became a reactive and largely ineffective objector.

It was not Larry Hogan’s best 90 days of work. That may be because his main focus continues to be winning a second term next year – not working out public policy deals with lawmakers.

For the rest of 2017, he’s likely to have Annapolis and state government all to himself.

That’s the way he likes it, especially as he moves into campaign mode to ease his way into another four-year stay in Maryland’s top elective office.

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

 

Hogan dodges Trump bullet, fracking, ‘road-kill’ & more

By Barry Rascovar

March 27, 2017Maryland Gov. Larry Hogan can thank his lucky stars the bitter and intractable Republican disputes in Washington sabotaged plans to do away with the nation’s current healthcare plan, the Affordable Care Act.

Passage of the Trumpcare alternative – imposing horrific added costs on older Americans, endangering Medicare funding and removing healthcare coverage for 14 million citizens next year – would have had cataclysmic effects in Maryland and placed Hogan on an untenable political hot seat.

Hogan dodges Trump bullet

President Trump

Instead, Hogan gets a slight reprieve, which helps his chances of getting reelected next year.

Then again, if the president and GOP hardliners insist on pressing a second time to wipe out the ACA and succeed, Hogan will be in the bull’s eye when furious Maryland Democrats seek revenge at the polls.

Equally ominous for the first-term Republican governor is Trump’s obsession with making exceedingly deep cuts in the federal budget. Even if Congress ignores the president’s budget submission from last week, the administration has its marching orders – cut personnel wherever possible, cut back severely on spending wherever possible and hold back on doling out money for programs run by the states.

Take, for instance, Trump’s budget that eliminates all federal funds for Chesapeake Bay restoration. Any sizable elimination of funds will infuriate many moderates and independents who voted for Hogan in 2014. Anger toward Trump could be taken out on Hogan on Election Day next year.

Hogan Dodges Trump Bullet

Maryland Gov. Larry Hogan, Jr.

The Maryland governor’s silence about Trump’s assault on federal spending isn’t helping him, either. Of course he’s in an unwinnable bind – criticize Trump and Hogan’s conservative followers will feel betrayed; support the president and Democrats will unload on Hogan.

It’s a tough time to be a Republican governor in a heavily Democratic state. Hogan has his work cut out trying to separate himself from a wildly unpopular president without alienating died-in-the-wool Republican voters.

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From the “sound and fury signifying nothing” department, here are two items of wasted energy by elected leaders in Annapolis who should know better:

Pointless fracking debate

Environmental activists are in a tizzy over their insistence that hydraulic fracturing of Marcellus shale rock formations deep beneath Garrett County and a portion of Allegany County be forever banned in Maryland.

They’ve made such a stink that Hogan has flip-flopped on the issue – abandoning his efforts to help Republican Western Maryland landowners who might some day benefit from extraction of oil and gas using this “fracking” technique that has been in use for over 60 years.

Yet here’s the reality:

·         There is no fracking taking place anywhere in Maryland.

·         There is no likelihood of fracking taking place in Maryland any time in the years to come.

·         Fracking in Maryland is uneconomical today and will be for a long time to come.

·         Regulations proposed by Hogan are so tough that no exploration companies in their right mind will venture into Maryland unless oil prices soar far beyond $100 a barrel – an unlikely scenario thanks to the glut of fracked oil wells in more hospitable, resource-rich regions of the country.

So environmentalists will win this empty victory and Hogan will win over some environmentalists come Election Day – but he might also lose votes from the Western Maryland landowners he betrayed.

Ludicrous “Road Kill Bill” dispute

Both Hogan and lawmakers are in the wrong here.

The governor has completely politicized a law that is so insipid and toothless it’s not worth arguing about.

The law in question has no enforcement provisions and leaves the governor in full control of road-building decisions. All it does is provide a bit of transparency on the relative value of each project being funded.

Hogan’s empty threat of not funding projects because of this law is strictly for next year’s campaign sloganeering. He’s made a mountain out of a teeny molehill just to win political points with rural and suburban voters.

Democratic lawmakers said they were going to amend the law this year to make it even clearer the law is strictly advisory. They also said they would simplify the evaluation process.

Instead, Democrats in the Senate are pushing for a two-year delay in implementing a toothless law while wasting time studying how to make the law even more meaningless.

The whole thing is pointless and a turnoff to voters of all stripes.

Surely the governor and lawmakers can spend the remaining days of this General Assembly session on something that really is constructive and helps Maryland citizens.

Moxie from the mayor

Here’s a shout-out to new Baltimore Mayor Catherin Pugh, who took an unpopular stand because it was the right thing to do.

She vetoed a bill mandating a $15 an hour minimum wage for most workers in the city – a move that would have been an economic calamity for Baltimore.

Hogan dodges Trump bullet

Baltimore Mayor Catherine Pugh at her inauguration in December.

We all want every worker to take home a decent paycheck. But not if it means businesses will fire personnel, reduce hours for their remaining staff and consider moving across the city-county line.

Those weren’t idle threats when this well-meaning but idealistic bill passed the naively liberal City Council.

Such an ordinance would leave the city deep in debt, according to its own financial analysts, with businesses fleeing to Baltimore and Anne Arundel counties to take advantage of a lower minimum wage, far lower property taxes and lower insurance rates.

Baltimore City must be competitive. The state’s minimum wage already is scheduled to rise this July and in succeeding years, too.

Besides, minimum-wage jobs are not intended to be permanent positions but rather a starting point for people eager to work their way up the economic ladder to more responsible and good-paying jobs with long-term career potential.

Pugh’s veto protects Baltimore’s economic well-being, even if liberal critics unfairly condemn her.

She’s been quiet and withdrawn during her initial months in office. Yet when it truly mattered, Pugh didn’t hesitate to analyze the facts and make a tough, courageous decision.   ###

Morhaim’s Moment of Shame

By Barry Rascovar

March 6, 2017—It had to be one of the most painful and humiliating moments of Dan Morhaim’s life.

Last Friday he sat in the House of Delegates chamber as his colleagues voted 138-0 to reprimand him for not informing them and a state commission he had a conflict of interest on medical marijuana issues.

Morhaim's Moment of Shame

Maryland House of Delegate in State House chambers

All the while he was offering reams of advice and guidance to the very commission setting up rules for awarding those lucrative state licenses.

He broke no laws but he stepped far over the ethics line for elected legislators.

While Morhaim continues to insist “I did nothing wrong,” his colleagues unanimously disagreed.

Panel’s Findings

As the legislature’s joint ethics committee wrote in its report, Morhaim’s “belief that he could keep his role as a legislator, advocating for the implementation of policy and regulations for the use of medical cannabis, separate from his position as a paid consultant for a company seeking to enter the medical cannabis business reflects poor judgment to the detriment of the broader interests of the public. . .”

Further, the panel concluded Morhaim’s less than forthright actions “eroded the confidence and trust of the public and other governmental officials who work with legislators, bringing disrepute and dishonor to the General Assembly.”

The panel not only recommended a public reprimand but asked Morhaim to consider making a public apology. He did so in writing but declined to speak on the House floor.

He had not violated disclosure laws, Morhaim wrote. Nor had it been his “intent” to use his elective office for monetary gain. His sin, he explained, was that “I failed to appreciate the public perception of these issues.”

It was not much of an apology. A day earlier he had issued a three-page defense, blaming the media for “erroneous” reports of his activities. He later called the whole thing a “circus” in which his actions had been badly distorted.

Placing the onus on others for his predicament may salve Morhaim’s ego but it won’t sit well with elected leaders or with the public.

Who’s to Blame?

After reading the 17-page committee report, it is clear only Morhaim is at fault for what went wrong. It cost him his credibility, his subcommittee chairmanship and his leadership post in Annapolis.

Morhaim's Shame

Del. Dan Morhaim of Baltimore County

He agreed to have no future communications with the medical marijuana commission or its staff and to exclude himself from legislative activities regarding cannabis.

That’s a big concession from a politician who fought relentlessly and passionately for over a decade to bring medical cannabis to Maryland.

He also is giving up his financial arrangement with the medical marijuana company, Doctors Orders, a compensation deal the joint ethics committee called “substantial.”

Some legislators and ethics groups denounced the punishment as insufficient. Gov. Larry Hogan, Jr., in his haste to throw dirt on Democrats totally mischaracterized Morhaim’s actions, refused to acknowledge he had gotten the facts wrong and then called for Morhaim’s removal from office.

The governor used the Morhaim case to trumpet his call for tougher ethics laws and for placing enforcement under an executive office agency.

While it is obvious language in the ethics statute needs greater clarity, turning adjudication over to the executive branch could be unconstitutional and certainly is impractical.

Public shaming, such as Morhaim’s reprimand, has proved an effective tool for disciplining wayward public officials since biblical times. It’s the General Assembly’s responsibility to police conduct of its members, just as is true for the U.S. Congress.

Ultimately, though, it is up to voters to determine the fate of lawmakers who stray over the line of acceptable conduct.

Re-election Challenge

That is where Morhaim’s toughest battle may lie.

When campaigning begins next year in his northwest Baltimore County district, the physician-delegate will face constant questions and criticism. He could confront significant challengers harping loudly on his reprimand and denouncing his lack of responsible ethical judgment.

It’s an unfortunate turn of events for Morhaim. In his 23 years as a state delegate, he had developed into a standout lawmaker. His medical expertise as an emergency-room physician prove invaluable to his colleagues as they grappled with complex and often technical health-care issues. He has been a leader in much-needed procurement reform efforts in state government, too.

While public shaming is tough for any politician to swallow, Morhaim remains in a position to rehabilitate his badly damaged reputation.

How?

Put his grudges and hurt feelings aside, focus on using his knowledge and experience to help enact solid, progressive legislation and never again be tempted to abandon a strict standard of ethical conduct.

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Giving Frosh His Independence

 

By Barry Rascovar

Feb. 20, 2017—You can’t blame Gov. Larry Hogan, Jr., for getting irritated over the Maryland attorney general’s new authority – granted by the General Assembly – to sue the federal government without the governor’s permission.

This strips Hogan of a smidgen of his enormous powers. Yet if the Republican chief executive truly wished to stop this slight weakening of his powers all he had to do was pick up the phone and negotiate a compromise.

Instead, Hogan gave Attorney General Brian Frosh, one of the mildest mannered men in politics, the cold shoulder when Frosh requested the go-ahead to object in court to President Trump’s temporary ban on refugees and immigrants from seven Muslim nations.

Giving Frosh His Independence

Maryland Attorney General Brian Frosh

Hogan called the delegation of power to Frosh “crazy” and “horrible” – but the real nuttiness lies in Hogan’s refusal to talk through his objections with Frosh and come to a reasonable arrangement each could live with.

Political Divide

Sure, Hogan is a conservative Republican to the core and Frosh is a down-the-line Montgomery County liberal Democrat.

Still, Frosh almost never picks a fight. His 20 years in the legislature were marked by quiet persuasion based on facts, open dialogue and finding middle ground.

Only when Frosh asked for permission to sue, provided back-up documentation to the governor and was met by silence did he opt to make an un-Frosh-like aggressive move.

Democrats in the House and Senate were happy to help him, since they were alarmed by Trump’s executive order against Muslim refugees and immigrants.

Numerous state attorneys general sued to stop the president’s executive order and temporarily succeeded in blocking it. Frosh wanted authorization from Hogan to do the same thing.

He said he was concerned by clear indications the new administration will wipe out the Affordable Care Act that gives health insurance to 430,000 Marylanders and anti-environmental steps that could damage the health of the Chesapeake Bay. He wanted the tools to speak out on Maryland’s behalf in court.

Weak A.G.

Maryland is one of a handful of states that didn’t –until last week – give its attorney general the independence to sue the federal government without getting an okay from the governor.

Indeed, this state has one of the weakest attorney general offices in the country. Only on rare occasions can Frosh’s office conduct a criminal investigation and try the case—the state’s constitution handed over those broad powers to the local state’s attorneys in 1851.

Maryland’s attorney general primarily staffs the law offices of state agencies, gives legal advice to the governor, General Assembly and judiciary, handles consumer protection issues, defends the state in court litigation and files lawsuits on behalf of state agencies.

Yet this is a statewide office just like the governor and state comptroller. All three are elected by Maryland voters every four years. Their authority is spelled out in the Maryland constitution. Yet Frosh’s office is unusually dependent on the governor for permission to act.

That’s never been a healthy situation.

Why create a constitutional law office without giving that office the freedom to carry out the full range of legal responsibilities normally handled by an attorney general in other states?

Why make the Maryland attorney general such a weak reed, unable to speak for the state on legal matters without first coming on bended knee to the governor for consent?

The current conflict over separation of powers never surfaced when Democrats occupied both offices. Usually the two elected officers were on the same political wave length and agreed on occasional litigation to protest federal actions.

Cover for Hogan

Under Hogan and at times under Republican Gov. Bob Ehrlich disagreements have surfaced. Yet this need not have reached a point of separation if Hogan had ordered his skilled legal counsel, Robert Scholz, to work out an accommodation.

Frosh may have been close to the truth when he suggested this new arrangement actually gives Hogan the best of both worlds – despite the governor’s public protests.

Hogan doesn’t want to go on record opposing the new Republican president. He’s trying hard to ignore anything and everything Trump says that provokes controversy.

Yet it’s no secret radicals in the new administration want to deep-six Obamacare and purge all sorts of environmental regulations that could set back efforts to clean up the Chesapeake Bay.

Someone has to speak out and protest in court at the appropriate time. Hogan doesn’t want to alienate his Republican core base, yet extreme actions in Washington may require pushback from Maryland to avert harm to citizens and the “Land of Pleasant Living.”

The new delegation of authority by the legislature to Frosh solves that dilemma quite neatly for Hogan. He can continue to ignore Trumpian broadsides and dangerous executive orders while Frosh, on his own volition, tries to block Trump’s moves in court.

The governor’s hands are clean. He hasn’t forsaken the Republican president.

(He also can try to dissuade Frosh through well-reasoned arguments. The power granted Frosh requires that he notify Hogan of the attorney general’s intention to sue, wait 10 days so the governor can put any concerns he has in writing, and then Frosh must “consider the Governor’s  objection before commencing the suit or action.”)

Re-election Battle?

The real danger for Hogan could lie in the next six to 12 months if Trump takes such extreme steps affecting Marylanders, the state’s social programs and its natural resources that Frosh becomes the hero of the day – filing lawsuits repeatedly to stop or reverse Trump’s moves.

Should Hogan continue to remain mum during that time, ignoring the human toll of Trump’s actions, it might hurt the governor’s re-election chances.

Thus, Brian Frosh might place himself at the head of the pack of candidates running for the Democratic nomination for governor.

Could Hogan then face off against the attorney general in November 2018 just as Frosh’s popularity in vote-heavy Central Maryland soars due to his role as Maryland’s defender against heavy-handed actions from Washington?

It’s not far-fetched.

That possibility gains credence with Frosh’s request for a future annual budget of $1 million to create a five-person legal staff to sue the Trump administration when the public interest or welfare of Maryland citizens is threatened – be it their health, public safety, civil liberties, economic security, environment, natural resources or travel restrictions.

If Hogan, for political reasons, won’t oppose Trump and radicals in the administration, Frosh is the logical person to fill that void.

Giving him the power to act isn’t wild and crazy. It’s in line with the way things work in most other states. It ensures that Maryland’s interests will be defended by at least one statewide, constitutional officer elected by the people.

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Hogan and the Elephant in the Room

By Barry Rascovar

Feb. 6, 2017 – If a Martian had landed in Annapolis last week and watched Gov. Larry Hogan’s State of the State address, he/she would have thought: “Wow, what a nice guy. What a perfect blend of bipartisanship and leadership. He’s my kind of governor.”

Indeed, that’s the image Hogan wants to project to the voting public – nice guy, good ideas, wants to cast politics aside and work with his foes to get things done.

Except the reality, rather than the distorted image, is quite different.

Hogan acts the role of bipartisan governor quite well for the cameras. Behind the scenes, though, he’s unwilling to open the door to Democrats and quick to play the blame game. He sharply mocks his political critics.

During his two years in office, Hogan rarely has worked cooperatively with Democrats. Instead, he lays down a take-it-or-leave plan of action – and he did last week – and refuses to negotiate a middle ground.

Back-Patting

You can chalk up his most recent State of the State speech to political hype and self-congratulatory back-patting. If there’s anything wrong happening in Maryland, it’s not his fault but those self-absorbed Democrats. Nary a negative word was sounded by Hogan – until he took some swipes at Democrats.

Hogan and the elephant in the Room

Gov. Larry Hogan delivers State of the State Address in House of Delegates Chamber

There’s no surprise here. Hogan wants to put a politicized, glossy filter on the Maryland scene.

What did come as a surprise was Hogan’s complete avoidance of the proverbial elephant in the room – widespread fear and trembling as a radical populist takes charge of the U.S. government just 32 miles away.

Hogan’s high popularity numbers stem in part from his careful “I’m not involved” approach to hot-button societal controversies. That now includes anything and everything happening in Trumpland.

Yet how can the governor ignore the dire situation Maryland could face later this year once President Trump and determined tea party Republicans in Congress demolish the Affordable Care Act providing health insurance for 430,000 Marylanders?

He said not a word about the ACA’s demise and what, if anything, he will do to avert a health-care crisis in the Free State. Hogan remains mum.

Cuts Coming from Washington

Similarly, Hogan ignored the clear and present danger to Maryland posed by vast federal budget cuts Trump and congressional Republicans have promised. Such massive reductions will reverberate throughout Central Maryland, costing possibly tens of thousands federal jobs.

The implications for Marylanders and Hogan’s budget are immense. That should have been a priority item in Hogan’s address to the legislature. Instead, he remained silent.

Once again, Hogan proved himself anything but a pro-active governor. He’s almost completely reactive, and only after factoring in popularity numbers and his reelection campaign effort.

Hogan gave no indication he is making plans to cope with what appears to be a whirlwind of destructive actions in Washington that could bring Maryland to its knees.

Maryland and Virginia are the states most at risk from Draconian budget moves by Trump and Congress. Federal employees constitute 8 percent of Maryland’s workforce.

Sweeping personnel and spending reductions will affect all of the Maryland economy. Yet we’ve heard not one word about this from Hogan.

No More Balanced Budget?

Trump’s anti-immigrant executive order is causing confusion, fear and uncertainty at Maryland colleges and universities and within immigrant communities.  It could create massive disruptions at research and education centers at College Park, the University of Maryland Medical Center and Johns Hopkins – both the university campus and the sprawling East Baltimore medical complex.

For state government, Hogan’s balanced budget could rapidly tumble into a deep deficit, requiring massive revisions this legislative session and special sessions later in the year to react to sharp federal funding cuts and job layoffs.

Hogan could have no choice but to make highly unpopular cutbacks, a move that won’t help his reelection chances.

It would have helped if the governor had reassured lawmakers and the public that he and his staff are hard at work developing alternative plans and creative approaches to help Marylanders who might lose health insurance or their federal jobs en masse.

Instead, Hogan pretends the threat from Washington doesn’t exist.

That’s not leadership; that’s pretending the problem doesn’t exist. His speech lacked transparency and honesty. Hogan gave listeners political Pablum.

Dark, threatening storm clouds are on the horizon, heading toward the Annapolis State House from the southwest.

Yet Hogan keeps telling us it’s a sunny day and everything is copasetic.

Maybe it’s time for the governor to adopt the Boy Scout motto, “Be Prepared,” and get the state and its people ready for what could be a tumultuous and unsettling time.

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Politicizing Ethics Reforms in MD

By Barry Rascovar

Jan. 23, 2017 – Two bleak views of American society were on display last week coming straight from our elected executives – expressed first by Maryland Gov. Larry Hogan, Jr. and the next day by President Donald Trump at his inauguration.

On Thursday, Hogan stood in front of the State House steps at a staged event so he could rail against the “culture of corruption” in Maryland’s legislature – though evidence of this “culture” is limited to a handful of examples.

Politicizing Ethics Reforms

Gov. Larry Hogan promoting his ethics reforms

Then he marched up the steps in photo-op fashion to present one of his ethics reform bills to House and Senate officials.

On Friday, Trump used his first speech as president to paint a deeply negative portrait of the country – despite years of prosperity and slow, steady growth. “This American carnage” he called the situation.

In each case, the Republican speakers left no doubt they were riding to the rescue on a white horse to save citizens from a clear and present danger perpetrated by the Democratic establishment.

Trump’s over-the-top rhetoric was understandable. That’s his style. This billionaire New Yorker sees himself as champion of “the people.” He says he inherited an Augean stable of stench – miserably failed government policies only “The Donald” can clean up and “make America great again.”

He promised radical change and his Friday message signaled his intention to follow through on his pledge to disrupt the status quo.

White Knight in Annapolis

Hogan’s bombastic rhetoric on legislative corruption also was understandable. It’s all about positioning Hogan in his reelection bid as the white knight doing battle with evil Democrats in the General Assembly.

Recent indictments of an ex-state legislator, a nominee for a House of Delegates vacancy and the Prince George’s County liquor board chairman set the stage perfectly for Hogan’s call to clean up the political arena.

But he combined that call for ethical government with continual bashing of the Democratic establishment in the state legislature.

Remember the “let’s work together” governor who told lawmakers only a week earlier how much he wanted to set partisanship aside and solve problems together?

That proved a mirage.

The real Larry Hogan resurfaced on Thursday, full of outrage about the Democratic-controlled legislature’s “climate of corruption” he wants to erase. Instead of sitting down and devising a joint ethics package with lawmakers, Hogan took the partisan route sure to grab all the headlines for himself.

Weak Ethics Commission

Hogan says he wants lawmakers to turn over the power to punish wayward colleagues to the State Ethics Commission, which has very limited enforcement and punishment tools.

Indeed, the commission already oversees lawmakers’ financial disclosure forms – and in 2015 fined four legislators a whopping $250 each for missing the filing deadline.

The power to discipline, humble and even eject elected legislators lies solely with the legislative bodies themselves.

Hogan wants to change that, though whether a panel controlled by the governor should hold such authority over legislative branch officials could bump up against separation of powers provisions in the Maryland constitution.

In practical terms, Hogan faces a bigger problem: His reform plan won’t work.

It won’t root out or stop wayward lawmakers from pursuing unethical behavior tied to monetary payoffs.

How Corruption Happens

Legislative corruption in Annapolis usually occurs when a delegate or senator accepts cash or favors from businesses in exchange for helping those businesses gain passage of favorable bills or friendly regulatory actions.

Two former delegates are embroiled in a liquor board payoff scandal in Prince George’s County. Hogan’s reforms wouldn’t have stopped the alleged payoffs.

Why? Because the transactions were hidden from view. There was no way Hogan or the legislature or the State Ethics Commission could have known a crime was being committed.

The lawmakers apparently lied on their disclosure forms, knew they were doing it and continued pushing legislation to aid businesses that stuffed cash in their pockets. Only dogged work by federal prosecutors unearthed what was going on.

The same holds true in the case of Ulysses Currie, accused in 2013 of taking hundreds of thousands of dollars as a consultant for a supermarket chain while pressing state and local bureaucrats to give the company favorable treatment.

Hogan’s reform proposals wouldn’t have unearthed Currie’s questionable behavior. (A federal jury failed to convict Currie, whose defense boiled down to admitting that he wasn’t mentally alert to the fact his actions might be criminal.

Marijuana Mischief

Even in a current case involving Del. Dan Morheim of Baltimore County, Hogan’s ethics package would not have revealed Morheim’s unorthodox behavior or his links to a marijuana growing and distribution firm vying for state licenses.

Morheim, who claims he abided by legislative ethics rules, kept his employment arrangement with the marijuana company secret. Only when the company started touting the expertise of its newest employee to help win state licenses did reporters shine a light on this odiferous situation.

It’s clear state ethics laws need considerable strengthening. Unfortunately Hogan chose to turn the issue to his political advantage rather than initiating a non-partisan crusade aimed at overhauling government standards of conduct.

He opted to take the moral high ground and denigrate the legislative establishment because it helps his political advancement. That’s smart politics but dumb governance.

Like Trump, Hogan too often prefers a sledge hammer instead of a peace pipe. He’d rather boost his poll numbers than do the hard work of thrashing out complex details and compromises with Democrats in order to make significant ethics reforms happen.

To the public, though, Hogan is the hero. It is part of his strategy to claim the title of good-government reformer in the next election.

Democratic legislator now must carve out tougher ethics provisions governing public officials on their own. Hogan has made them the bad guys in this matter and they must prove him wrong.

But if ethics reforms are successfully enacted into law, citizens won’t give Democratic legislators much credit. They’ve been outflanked by Hogan once again.

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‘Honest Prince George’ Strikes Again

By Barry Rascovar

Jan. 16, 2017 – Back when I was a naïve and newbie political reporter covering the Maryland General Assembly in the early 1970s, I was baffled when legislators joked in lounges and hallways about “Honest Prince George.”

I found out soon enough it was a jovial but derogatory reference to the questionable “pay for play” politics practiced by some leaders of Prince George’s County.

Rapid land development and the county’s population explosion made the Washington suburb prime ground for under-the-table payoffs to elected officials who got builders construction permits and re-zoning approval.'Honest Prince George' Strikes Again

Straight-arrow Prince George’s senators and delegates would join in the verbal State House sparring about their “honest” county, but they knew better than most what was going on.

Now “Honest Prince George” has surfaced again.

Blown Cover

Arrests by federal prosecutors so far have nabbed a liquor board commissioner, a longtime former councilman and a yet-to-be-named state legislator involved in a bribery and payoff scheme.

Will Campos, a ten-year councilman and ex-delegate resigned his state post in 2015 after only nine months in office, realizing the feds were hot on his trail.

He pled guilty earlier this month to taking nearly $50,000 in payoffs to direct $325,000 in county funds to business owners over a seven-year period. On one occasion, he was handed a white envelope in the bathroom of a College Park restaurant. It was stuffed with $3,000 in cash.

Another ex-delegate, Michael Vaughn, turned in his resignation letter last Wednesday due to “ongoing health challenges” – like avoiding a long prison sentence (clearly not good for your health).

Prosecutors say one of their targets is a delegate who voted in committee to extend Sunday liquor sales in Prince George’s as part of a bribery scheme. Vaughn was the only county delegate on that committee who voted in 2015 for that Sunday liquor-sales bill.

More shoes will drop as federal investigators continue the latest Prince George’s County corruption probe.  It’s certainly been a lengthy, and sad, saga.

Baggett First to Fall

The first bigshot in Prince George’s to fall was Jesse Baggett, chairman of the then-all-powerful Board of County Commissioners during the county’s massive land-development boom in the 1960s and early 1970s. Baggett went to prison in 1971 for taking a $3,500 bribe from a builder in exchange for help on re-zoning.

The county became ground zero for the headline-grabbing Marvin Mandel racetrack scandal in which the secret sale of a county half-mile track in Upper Marlboro formed the case against Governor Mandel and his co-defendants, including a prominent county lawyer, Ernest N. Cory, Jr., who lied repeatedly to the state racing commission about the Mandel group’s ownership of the track.

This unsavory reputation by county leaders helped unseat many of them in the 1970s. Leading the reform group was Steny H. Hoyer, now the county’s longtime congressman, and an influential lawyer-politician, Peter F. O’Malley.

Yet the smell of money proved irresistible for a few. A veteran state senator, Tommie Broadwater, went to prison for food stamp fraud. A delegate, Leonard Blondes, was found complicit in a bribery scheme.

A one-term delegate and county councilman, Tony Cicoria, stole $65,000 in campaign contributions, lied on his tax returns and then while on the council went AWOL for 13 months to avoid arrest. Cicoria eventually was nabbed in Florida  where his return to Maryland was delayed by local charges of using a phony drivers license.

Good old “Honest Prince George.”

Johnson’s Shame

In the 21st century, the most flagrant offender has been former County Executive Jack Johnson, who used his office to extort $1.6 million from developers during his eight years in office.

When Johnson and his wife, herself a county councilwoman, were arrested by the feds, Johnson was shouting at his wife to stuff illicit cash into her bra and panties and to flush the rest down the toilet. (Officers recovered $79,600 from Leslie Johnson’s undergarments and another $100,000 from the water closet.)

Then there was the sad case of current Sen. Ulysses Currie, accused of using his office and committee chairmanship to twist arms for his client while getting a kickback worth hundreds of thousands of dollars.

Currie beat the rap, but not without humiliating himself with a defense that claimed Currie was too dumb to be dishonest.

And of course there was Tiffany Alston, who avoided criminal punishment by resigning as a state delegate 2012 after she stole thousands from her campaign fund to pay herself and cover her wedding expenses.

Constant Surveillance

Unfortunately, a few politicians in Prince George’s continue to regard elective office as a way to enrich themselves through quid pro quos.

Other jurisdictions, such as Baltimore County and Baltimore City, have similar shameful histories – witness the recent indictment of Gary Brown, Jr. on the eve of his appointment as a state delegate for laundering $18,000 in campaign contributions for his boss, Baltimore Mayor Catherine Pugh, through his relatives.

At least Prince George’s voters had the good sense to elect a reformer, Rushern Baker, as county executive to help clean up the mess left behind by Jack Johnson.

Still, the ballooning liquor board scandal points to a continuing problem in the county that will need constant surveillance and scrutiny to scrub Prince George’s County of its “pay to play” reputation.

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Maryland’s Demeaning ‘Begathon’ Continues

By Barry Rascovar

Jan. 9, 2017— Here we go again. In a few weeks, school superintendents will trek, en masse, to the second floor of the Maryland State House to grovel before the Board of Public Works for additional school construction funds.

It is a demeaning “begathon” that long ago outlived its usefulness and turned into a political circus allowing the governor and comptroller to praise, and reward, their friends in the counties and humiliate their enemies.

This time, the target for Gov. Larry Hogan, Jr. and Comptroller Peter Franchot is Baltimore County Executive Kevin Kamenetz – a man who has signaled a desire to run for statewide office next year.

Anything Hogan and Franchot can do to undercut Kamenetz’ credibility helps their reelection chances.

That explains the consistent animosity by this tag-team tandem toward Kamenetz’ requests.

Comptroller’s Crusade

Franchot has conducted a consistent crusade to force the county to install portable, temporary air-conditioners in all schools lacking central cooling units.

Former Baltimore County executives bear the brunt of the blame for leaving too many school kids in overheated classrooms during the early fall and early summer.

Kamenetz, on the other hand, has been making up for lost time with a $1.3 billion program to get students into air-conditioned schools. But his expensive plan is phased in due to fiscal constraints.

Maryland's Demeaning 'Begathon' Continues

School Construction in Montgomery County

Franchot has persisted in pummeling Baltimore County’s leader for not following his insistence that Kamenetz buy window A/C units.

Each has a point: Kids should not swelter on extremely hot days, yet it makes little sense to spend millions for a short-term fix when a long-term fix is in the works.

The ideal solution is for the state to forward-fund the money Baltimore County needs to finish the job ASAP through a combination of costly upgrades and replacement buildings.

Embarrass Kamenetz

However, neither Franchot nor Hogan has lifted a finger to support the county’s efforts. They could have designated a pot of school construction money for jurisdictions needing window-unit air-conditioners. Instead, they remained silent.

Their goal is to publicly embarrass Kamenetz. Thus, the dynamic duo voted last May to punish Baltimore County (and its school kids) by withholding $10 million in state funds for county school construction – thus delaying portions of the work on air-conditioning classrooms.

The two also withheld $5 million in badly needed construction dollars from Baltimore City, which also is in the process of getting all schools air-conditioned.

They demanded that the two jurisdictions air-condition all classrooms in a matter of months – an impossibility for any number of legal and practical reasons.

The two Annapolis politicos apparently think the city and county can simply wave a wand and, voila! they’ll reverse a situation that’s been festering for two decades.

The reality is that it will take a number of years – and billions – to correct this situation.

Political Favoritism

When the “begathon” parade shamelessly takes place on Jan. 25, it is likely Hogan in particular will look kindly upon Baltimore City’s requests, including the withheld $5 million, as a goodwill gesture toward the city’s new mayor, Catherine Pugh.

He and Franchot will save their contempt for Baltimore County School Superintendent Dallas Dance and, indirectly, Kamenetz. There could well be “plants” in the room to demonstrate Hogan and Franchot are supported by county residents in their harsh criticisms.

It’s all part of the set-piece melodrama the “begathon” has become.

In most cases, conservative, Republican-leaning counties will be treated with kid-gloves by the Republican governor while Democratic strongholds get a cold reception.

It’s quite a distasteful scene, one that is as unbecoming for the governor and comptroller as it is for the school chiefs forced to grovel before them.