Tag Archives: Larry Hogan Jr.

Larry Hogan Sr. – Courage When It Counted

By Barry Rascovar

It happened long ago. Congressman Larry Hogan, Sr. stood alone and defied his party, voting not once but three times to impeach Republican President Richard Nixon. It was the most principled stand taken by a Maryland politician in our lifetimes.

He did what was right, not what was politically correct.

Hogan died last week at 88, eclipsed in the public eye by his namesake, the current Maryland governor – an office the father was denied due to his impeachment stance.

Larry Hogan, Sr.

Congressman Larry Hogan, Sr. and his son.

Yet it was the father, consigned to the pages of history, who offered a lesson in what it means to take the perilous moral and legal high road rather than the easy partisan and career-advancing low road.

It’s a lesson we must remember given the sorry state of affairs in this country. The rules of fair play, truthfulness and integrity are being tossed aside in the manic quest for political power.

The good of the country is being replaced by the quest for personal gain and prestige.

Those Watergate Years

We can’t afford to forget the Watergate era that so stained our country. For those who were around, it was a terrifying time.

The president had been caught approving and even leading a massive conspiracy to conduct a break-in and robbery; blackmail and bribe witnesses, and cover up the hideous truth.

When his own attorney general refused to knuckle under to Nixon’s demands to crush the Watergate investigation, the president fired this nation’s highest-ranking law-enforcement officer. His deputy also refused to defy his constitutional duty and was sacked, too.

It became known as the Saturday Night Massacre. What a scary time. Many feared the end of American democracy.

Sadly, there are echoes in what’s happening today in and around the White House.

Facts are regularly tossed aside in favor of expedient fairy tales that glorify the president and his cheerleaders. The Big Lie is replacing the uncomfortable truth.

Above the Law?

For Larry Hogan Sr., the uncomfortable truth was that his party’s and his country’s leader had lied and hidden what had happened, had violated his constitutional oath and had engaged in illegal acts.

No one is above the law, Hogan announced, not even the most powerful official in the land.

Such independence and gutsy courage were rare in the early 1970s among Republicans. Hogan stood by himself when he announced on the eve of that crucial House Judiciary Committee session in 1974 he would vote to impeach Nixon. No other committee Republican joined him in defying the president.

He knew at the time his impeachment vote might doom his chances of running successfully for governor that November. Sadly, Hogan’s intuition proved accurate.

In September’s Republican primary, Maryland GOP voters turned their backs on the congressman who had sought to remove Republican Nixon. Instead, they nominated a hapless, socially prominent party loyalist, Louise Gore.

It was payback time for Republican ideologues and hardliners, even if it meant obliterating any chance of beating Democratic Gov. Marvin Mandel. Indeed, Louise Gore was crushed in a laugher of a November general election.

Resurrection in Prince George’s

Yet the ex-congressman refused to be driven from the political stage. He resurrected his career two years later in a heavily Democratic jurisdiction and won election as Prince George’s County Executive.

He did so by capitalizing on voter anger over the high cost of supporting the county’s population boom and suburbanization, which translated into the need for ever-higher property taxes to pay for expanded public services. Hogan won by a 3-2 margin, despite his Republican label.

As county executive Hogan proved a tough man with a dollar, cutting spending even on schools and libraries, eliminating 3,000 government jobs, holding the line on pay raises and lowering the property tax rate 20%.

No wonder his son ran for governor in 2014 on the same promises as his dad – lower taxes and fiscal belt-tightening.

To an extent, the son has followed through on those promises. Like his father, he is in strong position to win reelection in a heavily Democratic state.

But that election is still 18 months away. Hogan Jr.’s biggest test may lie ahead, thanks to an eerily similar situation to the one faced by his father during those Watergate years.

Then vs. Now

By 1974, the Watergate scandal had made Nixon a highly unpopular and controversial president, much like Donald Trump.

Today, Maryland’s governor has tried to separate his own work from the incendiary comments and actions of Trump and Tea Party congressmen. He didn’t support Trump in the presidential campaign and cast a write-in vote for his father in November.

Still, Hogan has refused to make a public break with Trump for fear of alienating diehard Republicans he needs to get reelected.

Yet the more radical the Trump administration becomes in the months ahead, the more difficult it could be for Hogan to remain a dispassionate governor.

At some point Republican Hogan may have to forcefully oppose a Republican president, just as his father did in 1974.

This time the issue might be curtailment of the Chesapeake Bay cleanup, elimination of health care coverage for low-paid workers and their families, the loss of tens of thousands of federal jobs in Maryland or violence tied to tough immigration enforcement efforts.

Separating Hogan from Trump may become more and more difficult in voters’ eyes by late 2018. It is one of the few ways he could lose.

Refusing to place party loyalty over what’s best for the country cost Larry Hogan, Sr. the governorship in 1974. He never regretted doing the right thing.

His son may end up facing a somewhat similar predicament.

Will he stay true to his inner moral compass or stubbornly stick to the Trump-Tea Party line? Far more than Hogan’s reelection may be at stake. ##

Maryland’s Balanced Budget – For Now

By Barry Rascovar

April 17, 2017 – Another Maryland General Assembly session has come and gone with Gov. Larry Hogan proclaiming victory and legislative leaders breathing a positive sigh of relief.

There were no big wins for Hogan but no shocking defeats, either. His ideologically driven, conservative agenda may sell well with die-hard Hogan backers but it was a non-starter with Democratic lawmakers.

His most solid step forward?

A compromise bill giving manufacturers tax breaks, especially if they provide workers with new job skills (that’s the part Democrats insisted on). It’s not a huge benefit for those companies but it is another incentive that could help persuade manufacturers to move to the Free State.

His biggest defeat?

A set of restrictions imposed on the Hogan-selected state school board, which had its hands tied by Democratic lawmakers to prevent state intrusions into local school board autonomy on figuring out how to turn around failing schools.

Constitutional Mandate

Still, the most important issue of every General Assembly session revolves around dollars and cents.

Passing a balanced budget is the only constitutional requirement both the governor and legislature must achieve every year.Maryland's Balanced Budget--For Now

This time, they cobbled together a fiscal blueprint that avoids deep spending cuts while expanding state aid and services in targeted areas.

The outcome is a budget for the fiscal year starting July 1 that grows only 1.2%, to $43.6 billion.

The general fund budget essentially remains level. The state workforce holds at 80,000 (no pay raises or longevity increases).

That is a tribute to Hogan’s ability to hold down spending without taking a Trumpian axe to state government and local aid.

That’s the good news.

Dark Days Ahead?

The bad news: Those ominous storm clouds coming from the nation’s capital – potentially massive federal job losses, large cuts in healthcare, medical research and local aid.

This could give Hogan an Excedrin-sized headache he doesn’t need as he approaches an election year.

There’s an additional problem, too.

The respected Department of Legislative Services (DLS) predicts that over the next five years, Maryland’s revenue will grow 3.5% annually – versus a 5.4% rise in state spending.

That yawning gap was partially closed in the just-passed budget, eliminating 88 percent of the state’s structural budget gap.

The trouble is that this budget magic was achieved by stripping out money from the state’s Rainy Day reserve fund and moving other money around –$202 million worth of “fund transfers.” Another $185 million was saved through budget cuts by the legislature.

Thus, Hogan, Del. Maggie McIntosh and Sen. Rich Madaleno, among others, worked together in the budget process and balanced the state’s books with $91 million to spare.

Tepid Economy

Yet DLS predicts the budget gap will reach $716 million next year, $1 billion in two years and a staggering $1.5 billion by FY 2022.

Why?

“. . .a combination of tepid revenue growth, fueled by a lackluster economy, and growth in mandated spending and entitlements.”

DLS concludes “the Administration will need to take action to address a shortfall in excess of $700 million in Fiscal Year 2019.”

It adds, “The magnitude of the projected shortfalls suggests that discussion will need to focus not only on what services are provided by the State but also the fundamental revenue structure currently in place.”

That’s a polite way of announcing tax INCREASES could be back on the table, whether Hogan likes it or not.

This is especially true if the dire forecasts of historic Trump budget cuts become reality.

Closing a $700 million fiscal gap next year in Annapolis exclusively through spending reductions would be extraordinary – and painful. If Trump multiplies that deficit through massive federal budget cuts and layoffs of Maryland residents, the state could face a financial crisis.

For now, though, the state’s revenue and spending plan for the next fiscal year is in good shape.

But things could change in a hurry between now and year’s end as Trump and the Republican Congress get serious about slashing federal programs, positions and aid to local counties and states.

###

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.

 

The Hogan-DeVos-Trump School Threat

By Barry Rascovar

April 3, 2017–When it comes to dealing with the Maryland General Assembly, Republican Gov. Larry Hogan could well be called “Mr. Irrelevant.”

He’s threatening to veto a batch of bills recently enacted by Democrats in the state legislature – yet he lacks the votes to support his negative actions.

It amounts to more venting of angry “sound and fury” by the highly partisan governor that gets him nowhere.

He still insists on playing “Mr. Nasty” when he goes on conservative talk shows or holds a staged media event, denouncing Democratic lawmakers and their proposals in harsh terms as though their proposals will bring down the wrath of a furious GOP deity on Maryland citizens.

He demands that Democrats abandon their ideological beliefs and join Hogan’s Heroes in marching lockstep behind his decidedly conservative agenda.

A Week of Vetoes

This State House drama is nearing a climax in what could be called “veto week.” Democrats rushed through a number of bills Hogan could well reject – but there’s still time in the General Assembly session for near-certain veto-override votes.

The biggest Hogan hissy fit is likely to surround the “Protect Our Schools Act of 2017,” a Democratic measure that more accurately could be called “Protect Our State from Donald Trump and Betsy DeVos.”

The Hogan-DeVos-Trump School Threat

MD Gov. Larry Hogan and U.S. Education Secretry Betsy DeVos meet with children at a Bethesda elementary school.

The bill stems from fear that Hogan wants to impose a Republican education agenda on local school systems – dozens of charter schools, lots and lots of vouchers for kids to opt out of public schools, more aid to religious schools, private companies running under-performing schools and a state takeover of the worst-performing schools.

Democratic legislators fear the new U.S. Department of Education secretary will move heaven and earth to eliminate public schools and replace them with charter, religious and privatized schools. That’s what DeVos – who married into the billionaire family that founded and runs Amway – has loudly advocated for years.

It’s pretty much what Trump trumpeted on the presidential campaign trail last year, too.

And it’s awfully close to what Hogan has been seeking as his way to “improve” education in Maryland.

He tried to get a bill passed this session creating a special board with the power to authorize charter schools at the drop of a hat and without local school board approval. Private schooling is Hogan’s panacea for improving education achievement.

Sounding the Alarm

No wonder Democrats in Annapolis are alarmed. They aren’t going to let Hogan undercut public education systems in Maryland’s 24 subdivisions, which is what privatization, charter schools and a wide-spread voucher system could do.

Hogan falsely claims the Democrats’ bill he plans to veto will cost Maryland $250 million in federal funds under an improvement plan the state must submit to Washington.

But he intentionally ignores the fact that the new Republican president has essentially gutted that required improvement plan put in place by the Obama administration.

What Hogan has pledged to veto is a defensive bill Democrats urgently want on the books to block the Hogan-DeVos-Trump triumvirate from directly imposing their will on failing schools or creating – without local approval – charter schools and vast voucher systems.

The Baltimore Sun’s editorial page rightly pointed out that the legislature is stepping too forcefully into education matters better left to the state education board. The state board has complained, too, about legislative overreach.

Yet given the fact that the Republican governor is slowly converting that board into a conservative panel that could well embrace the Hogan-DeVos-Trump education agenda, the restrictions spelled out in the Democrats’ bill are quite understandable.

Reelection Takes Priority

None of this needed to happen.

Had Hogan opted to make love not war with Democratic legislators, Maryland could be making greater headway on classroom achievement – including agreements on permitting more charter schools in the state.

But Larry Hogan is first and foremost a political survivalist who appears most interested in his reelection, not in finding compromises on sensible bills that improve life in Maryland.

The result is a preventive measure drafted by alarmed and worried Democrats that almost certainly will go on the books. Hogan could have avoided this confrontation, but unlike General Electric, progress is not his most important product – politics is.

He’ll continue to denounce and demonize Democrats alleging that Maryland will lose federal school funds. He’ll continue to ream out Democrats for “outrageous and irresponsible” actions that he asserts are blocking his education reforms.

It’s all designed to construct a reelection campaign story in which the poor, underappreciated underdog governor, a man trying to do the right thing, finds himself once again under attack from mean, corrupt, unethical Democrats in Annapolis.

Meanwhile, the exceedingly difficult task of finding ways to improve learning in Maryland’s public schools gets shuttled to the sidelines. Politics, not policy, must come first. ###

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.

******

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.   ###

Hogan, Trump & Trouble?

By Barry Rascovar

March 13, 2017–Maryland’s Republican governor, Larry Hogan, Jr., has done all in his power to separate himself from the new, controversial Republican president, Donald Trump.

Given Trump’s unpopularity in Maryland – he lost by a whopping 25% in November – that wall of separation keeps Hogan in good stead with most voters in this top-heavy Democratic state.

His popularity remains sky-high and Hogan continues to skirt controversial social issues that could bring him trouble with liberal voters while losing the backing of GOP conservatives.

Hogan, Trump & Trouble?

MD Gov. Larry Hogan, Jr.

His prime objective is getting reelected in 2018 while dragging in with him enough Republican legislators to ensure a veto-proof state Senate.

Then Hogan would have more leverage and ability to help the state GOP turn the corner in Maryland and become a truly viable statewide alternative to Democrat hegemony.

But that scenario could blow up in Hogan’s face through no fault of his own.

Trump Referendum?

The 2018 election is looking more and more like a national referendum on Donald Trump’s manic, unpredictable presidency. If that become the case, Hogan’s continuation in office could hang by a thread.

The beginning of the end for Hogan may have commenced last week with House Speaker Paul Ryan’s rush to eliminate Obamacare and replace it with a haphazard health-care insurance program that punishes the lower-middle class, the poor and citizens nearing retirement age.

It also is sending the nation’s health-insurance industry into a prolonged period of chaotic uncertainty. The result could be a rapid pullout next year by insurers from what’s left of Obamacare to avoid gigantic losses caused by the program’s slow, agonizing demise mandated by Ryan’s legislation.

The Congressional Budget Office on Monday estimated a whopping 14 million Americans would lose their health insurance coverage next year under the Republican plan being rammed through the House of Representatives. That’s terrible for Republicans who have to run for reelection in the fall of 2018.

Cutting subsidies out from under Obamacare also would devastate state health budgets. Hundreds of thousands of Marylanders now receiving health insurance support or care through Medicaid could be cut off without the resources to afford health-care protection (CBO says premiums could rise 20 percent next year alone).

Ryan’s plan calls for Maryland and other states to receive far less to undergird their health insurance programs. Hospitals could be flooded by non-paying patients with nowhere else to go. Preventive health care, a key component of Obamacare, would disappear; people would show up at emergency rooms needing far more costly medical treatment.

Bad timing

For Hogan, the timing couldn’t be worse. By next year, Maryland’s entire health care network could face an unprecedented financial and medical crisis. Maryland’s health expenditures could balloon, and many of the state’s citizens could be panicking over the loss of their medical safety net.

That’s a recipe for problems at the polls.

Unfortunately for Hogan, this could be just the initial blow coming from Trump’s Washington.

Sweeping federal layoffs this year and next seem in the cards — the largest cutbacks since the end of World War II by one account.

Last week, Comptroller Peter Franchot wrote down state revenue estimates for the next 18 months by $33 million and warned of the likelihood of major job losses in federal agencies employing hundreds of thousands of Free State citizens.

The budgets for programs affecting all aspect of the Maryland economy are at risk, from housing assistance critical in poor communities like Baltimore and rural Maryland to severe reductions in funding for the Coast Guard that could hurt the state’s important maritime economy and policing of the Chesapeake Bay.

Maryland impact

Massive budget cuts in the space program, food and drug enforcement, agriculture, the Census Bureau, the Medicaid agency, education aid, medical research and environmental protection would reverberate ithrough Maryland, home to many of these agencies.

All of this is dreadful news for Hogan.

He’s got nothing to do with what Trump and his Republican allies are foisting on the American public. Yet he may end up paying the ultimate political price.

Let’s face it. Hogan’s 2014 election victory was a fluke, the result of a well-run campaign and exceedingly good luck: Democrats nominated a historically bad candidate (Lt. Gov. Anthony Brown, now a member of Congress) who ran one of the worst-ever gubernatorial campaigns.

Given Maryland’s 2-1 Democratic voter registration edge, Hogan’s re-election was always less than certain, even with his high poll numbers. Inflame the state’s Democratic voters and any Republican, even a popular incumbent, could have big problems.

So if Marylanders are infuriated with Trump & Friends; if hundreds of thousands are scared, angry and afraid of having little or no health coverage; if the state’s large federal workforce endures unprecedented layoffs and spending cuts, and if Democrats are so enraged they take out their fury on Election Day, Hogan had better prepare for the worst.

Déjà vu?

It’s happened before.

In 2006, Republican Gov. Bob Ehrlich enjoyed exceptionally high polling numbers right up till the general election. Most people said Ehrlich had done a pretty good job. Yet he lost by 6% – nearly 120,000 votes.

How could that happen?

Ehrlich’s loss was linked to the unpopularity of a Republican president, George W. Bush, saddled with a wobbly economy, a flagging war on terrorism, an unnecessary, trumped-up war against Saddam Hussein in Iraq and ineptness in the White House.

By the November 2006 election, Bush’s poll rating – which hit 90% after the 2001 terrorist bombings, had plunged to 38%. (It would continue to sink to a low of 25%).

Voters wanted to send Bush a message – and in Maryland the only way to do that was by voicing disapproval of the top Republican candidate on the ballot that year – Bob Ehrlich.

Hogan should be alarmed that Donald Trump’s approval rating as of two weeks ago was just 38% – identical to Bush’s low appeal in 2006. The Obamacare controversy and the new president’s angry Twitter insults, unsubstantiated allegations and inflammatory rhetoric could shrink Trump’s approval numbers to record lows for an American president.

Should 2018 turn into a “message” election, Larry Hogan’s “good guy” image and Marylanders’ lack of animus toward him may prove all but worthless.

He could well become, for state voters, Donald Trump’s surrogate on the ballot.

It could be 2006 all over again in Maryland.  ##  

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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To Frack or Not to Frack?

By Barry Rascovar

Feb. 27, 2016–With apologies to W. Shakespeare, the continuing battle over gas exploration in Maryland’s far-western Garrett County reads like this:

“To frack or not to frack, that is the question.

“Whether ‘tis nobler in the mind to suffer environmentalists’ slings and arrows of an outrageous drilling ban or take arms against a sea of troubles and, by opposing them, let the state moratorium lapse, crack open Marcellus shale and unleash the fortunes flowing from natural gas.”

It’s a furious dispute which has dragged on for years.

Environmentalists view hydraulic fracturing of black Marcellus shale in mountainous Garrett County as pure evil sure to pollute drinking water, pristine streams, the health of citizens and lay waste to 100,000 acres in the state’s most remote county.

Proponents say that’s buncombe. Done safely and with plenty of state oversight, “fracking” as it is called can be accomplished – and is accomplished all over the country – without damning side effects.

(Fracking has been used in well production since 1950, but didn’t become the superstar of oil drilling until this century, thanks to recent advances in petro-geology, fluid dynamics, engineering, computing, horizontal drilling and 3D seismic imaging.)

Cracking Open Shale

Today, one-half of all U.S. crude oil production and two-thirds of all natural gas production comes from wells that employ fracking – sending a mix of high-pressure water, sand and chemicals through underground pipes drilled horizontally that cracks open ancient layers of shale, thus releasing previously unreachable pools of petroleum liquids.

Yet in Maryland, the “shale revolution” hasn’t happened.

Under intense pressure from a core Democratic voting group – environmentalists – Gov. Martin O’Malley declared a moratorium in 2011 while a scientific study was undertaken.

Much to the activists’ dismay, the panel concluded fracking could be done safely if the state imposed strong regulations. This led O’Malley to promulgate tough, restrictive rules for fracking in 2014.

Unsatisfied, anti-frackers got the legislature to approve another two-year moratorium in 2015. Gov. Larry Hogan refused to sign the bill but didn’t stop it from becoming law.

That led to new state regulations now awaiting approval by a joint legislative panel. Meanwhile, the moratorium runs out in October.

Push for Complete Ban

Environmentalists are determined to push through a permanent fracking ban in Maryland this legislative session. Whether there would be enough votes to overturn a likely Hogan veto remains in question.

Forgotten in this bitter back-and-forth are the land owners of isolated Garrett County who sorely need the financial boost that could come through drilling on their lands.

Farming communities in Pennsylvania and West Virginia have reaped huge lease and royalty payments from oil companies who hit pay dirt in those two states.

In fact, Pennsylvania now ranks No. 1 in shale gas production (ahead of Texas) and West Virginia ranks No. 3. They are the prime beneficiaries of the massive amounts of Marcellus shale under land in that part of the country.

But petroleum firms no longer show interest in Maryland.

Deterrents to Fracking

First there’s the regulatory and legislative uncertainty. No company wants to risk tens of millions of dollars in a state where the door could be slammed shut at any time.

Second, there’s the extremely low price of natural gas, a trend that shows no signs of abating, possibly for decades.

Third, there’s the small amount of reachable petroleum liquids in the Marcellus shale beneath Garrett County and a portion of neighboring Alleghany County. The numbers just don’t add up for oil companies.

Tapping into shale formations with new technologies revolutionized this nation’s energy situation. Fracked wells tripled in just five years. Drilling has been most intense in North Dakota, Montana, Texas, Pennsylvania and West Virginia.

But this fracking phenomenon also has driven down the price of natural gas to such low levels that exploration in questionable regions like Maryland is uneconomic.

A law permanently banning fracking in Maryland would foreclose any chance of Garrett landowners ever benefiting from higher natural gas prices and breakthroughs in drilling technologies that might make hydraulic fracturing safe and secure.

Events beyond the state’s control already have determined that fracking won’t happen in Maryland any time soon. That plus Hogan’s new regulations – said to be the toughest in the country – appear to provide assurance that environmentalists’ worst nightmares won’t come true.

That should have ended this rancorous discussion but it hasn’t. Environmentalists want a grand-slam home run that purges even the thought of fracking ever occurring in Maryland.

But forever is an awfully long time, a fact that may dissuade enough lawmakers from turning their backs totally on Garrett County land owners.

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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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Avoiding MD’s Pension Reality

By Barry Rascovar

Feb. 14, 2017 – Let’s be honest: No one wants to face up to Maryland’s giant $19 billion long-term shortfall in its retirement program for state workers and teachers. Not the Republican governor nor the Democratic legislature.

True to his Lone Ranger approach, Gov. Larry Hogan is calling for a dramatic change – an optional 401(k)-style retirement program for new state employees.

It sounds good but falls apart when examined close up.Avoiding MD's Pension Reality

The best that can be said about this plan is that it saves both the state and new workers upfront money. Unfortunately, it could leave tens of thousands of state workers far worse off in their retirement years.

Hogan didn’t bother consulting with legislative leaders, pension agency officials or the employee unions to get their input and cooperation. Thus, the governor’s plan has zero chance of passing.

But it goes over well on TV and radio. It allows Hogan to brag that he tried to fix Maryland’s pension problem – though he really didn’t.

Flawed Retirement Approach

Hogan’s plan would weaken the current retirement program by encouraging new workers to leave the system and instead sign up for his 401(k) savings plan. This could mean the loss of a huge sum of regular contributions to the existing pension system. The retirement system’s shortfall would grow, not shrink.

As for workers opting for this “defined contribution” program, 5 percent of their paychecks would go into their IRA account, matched equally by the state. (State workers today contribute 7 percent of their salaries into the pension fund.)

Workers then could invest all that retirement money into the stock market or other financial instruments.

That’s where the risk soars.

In bad economic times, state workers could lose much of their retirement nest egg if they’re not careful. Worse, they’d no longer be eligible to receive a regular state pension. They could find themselves leading a hard-scrabble life in retirement.

The notion of providing state workers with optional ways of saving for their “golden years” makes sense. But not if it means entirely eliminating that pension check.

Existing 401(k) Option

There’s no reason to embrace Hogan’s plan because the state already offers supplemental retirement programs that do much the same thing: a 401(k) investment option and tax-deferred annuity and investment plans. Workers can defer up to $18,000 in salary annually.

The only catch is that the state does not offer a matching payment, as nearly all private-sector businesses with 401(k) plans do. A healthy state match could go a long way toward encouraging workers to save a lot more for retirement.

Perhaps the best way to go is a hybrid system combining a smaller, defined pension benefit with a 401(k) savings component that includes a generous state match. That would put most state retirees in a much stronger position after they leave work. It also could ease the state’s retirement-fund shortfall over the long run.

The catch: It would cost Hogan & Co. a lot more money each year to get such a program started, money the governor doesn’t have in these uncertain economic times.

Besides, Hogan isn’t about to pour more money into worker pensions if he can avoid it.  In fact in his new budget he eliminated a mandated $50 million supplemental contribution to the retirement program created to help bring down the shortfall.

That move deepens Maryland’s pension predicament.

There’s no incentive for Democratic lawmakers to support Hogan’s poorly thought-through bill, either. They’d just as soon let the pension problems slide, hoping against hope for a return of strong economic growth, which could mean high investment returns for the retirement agency.

Thus, the governor’s bill will get a polite hearing – followed by a dignified burial.

Then Hogan can denounce Democrats for failing to “save” the state retirement program. He’ll score political points while kicking the true pension-funding dilemma into the future.

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