Tag Archives: Larry Hogan Jr.

Bad Omen for GOP?

By Barry Rascovar

Nov. 12, 2017 – No one predicted it: A tidal-wave election last Tuesday swept through numerous states, sending even entrenched Republican incumbents into retirement and shocking the most optimistic Democrats by the enormity of their party’s sweeping victories.

Does this foretell a similar tsunami a year from now, when control of Congress could be at stake? Does this indicate Maryland’s popular Republican governor, Larry Hogan, faces a far more daunting challenge in 2018 than previously expected?

Before we get carried away by the surprising results, let’s keep in mind that all elections are not created equal.

Some are endowed with predictable outcomes while others are swayed by outside forces.

Last Tuesday, outside forces held the winning hand.

If you’re looking for one, overriding factor in all these election upsets, it’s the guy living in the White House.

With the latest polls showing barely more than one-third of voters approving of Donald Trump’s performance as president, it had to be expected that anti-Trump sentiment would show up in the November balloting.

Surprising Results

What came as a stunner was the breadth and depth of anger toward Trump – from enraged Democrats who showed up to vote in far larger than expected numbers, from independents who sided by a lopsided margin with Democrats, from college-educated women in the suburbs who have been turned off by Trump’s boorish and destructive behavior.

The result: Anti-Republican sentiment that wiped out even well-meaning moderate Republican officeholders.

Bad Omen for GOP?The two governorships up for grabs, in New Jersey and Virginia, went to Democrats by very large numbers. A tight race in the Old Dominion turned into a rout and Democrats came achingly close to re-capturing the Virginia House of Delegates for the first time in decades.

Some of the most conservative and longest-serving officeholders in those states got walloped by candidates from the other end of the political spectrum – a transgender, a Peruvian immigrant and a 32-year-old African-American woman who had never run for office before.

In a “wave election” anyone on the wrong side of the wave is vulnerable.

That could include Larry Hogan next year.

Demographic trends throughout the country and in Maryland may have been accelerated by Trump’s distasteful actions as president. Suddenly millennials, Latinos, African Americans, gays and college-educated suburban women are taking the time to show up at the polls and register their anger.

Frederick and Annapolis

Look at Annapolis, where incumbent Republican Mayor Mike Pantelides should have had smooth sailing to another term. Instead, he got clobbered by Australia native and restaurateur-businessman Gavin Buckley, a first-time Democratic candidate. Pantelides lost by a stunning 24 percentage points.

The same thing happened in Frederick city, where Democratic Alderman Mike O’Connor ousted two-term Mayor Randy McClement in a runaway race (22 percentage points). Democrats swept all five alderman seats by landslide margins, too.

Upsets are bound to occur in politics. But when so many long-established Republican figures are defeated in one-sided elections across the country, the GOP had better take notice.

Even Hogan, despite his popularity, could find himself a victim of the “send Trump a message” sentiment that dominated on Nov. 7.

Still, Maryland’s governor won’t be a sitting duck for Democrats next year. He’s proved to be a crafty, difficult-to-categorize politician who remains a staunch conservative but knows how to appease moderates.

He’s still an overwhelming favorite next year, but now there’s an asterisk attached to his name:

*If the country remains deeply angered by Trump’s presidency in November 2018, it won’t matter that Hogan is a likeable guy with sky-high approval numbers. He could be swept out to sea in spite of the fact he parted ways with the president long ago.

The same might apply to other moderate conservative Republicans with high popularity numbers, such as Howard County Executive Allan Kittleman. If Democrats can find a decent Eastern Shore candidate to run against far-right conservative Rep. Andy Harris, the incumbent also might find the going rough next year.

No Republican is immune. The Trump influenza could infect all sorts of unsuspecting Republicans.

Different Issues

But don’t expect 2018 to be a carbon copy of 2017. The issues will be different. Congressional seats will be at stake with huge sums of GOP money thrown into races to preserve Republican control of Capitol Hill.

Hogan will vastly outspend his Democratic opponent. He’s also got the power of incumbency, which can’t be ignored.

Still, Hogan has to be having a sense of déjà vu: In 2006, incumbent Republican Gov. Bob Ehrlich, with approval ratings nearly as high as Hogan’s, was shown the door, receiving just 46 percent of the vote.

In short, the only thing Larry Hogan has to fear is fear itself – in the persona of Donald Trump. This year’s astounding results could be a preview of things.

Or next year’s results could mark as return to the status quo for Republicans.

The one thing we know is that the world will look quite different in 12 months when voters get another chance to express themselves.

Either way, Republicans are on the hot seat. Much like football’s Baltimore Ravens, they had better up their game.

Otherwise, 2018 could be a blowout year in which candidates such as Hogan and Kittleman might be lucky to avoid turning into collateral damage.

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Hogan’s Off-Message Moments

By Barry Rascovar

Oct. 23, 2017 – Gov. Larry Hogan is riding high with strong poll numbers, low unemployment and ambitious plans to turn Maryland into a cutting-edge economic-development state.

Yet amid these positives, Hogan has a tendency to veer into a form of pettiness and vindictiveness that to some degree mirrors Donald Trump’s off-message moments.

Hogan at times gets testy when his decisions are challenged. It’s as though he cannot stand even the mildest of criticisms.

A week ago, he briefly turned nasty after an event honoring his efforts as governor to support causes dear to the Jewish community of suburban Washington.

A handful of people told Hogan how disappointed they were he had mandated a post-Labor Day start to the school year because it could lead to the elimination of days offs in Montgomery County schools for the Jewish high holidays. (The same situation is cropping in Baltimore County schools).

Hogan’s glad-handing, smiling demeanor changed. He said he was “outraged” by even the suggestion his move would result in no days off for those two sacred Jewish holidays.

“That’s nonsense,” he said, then suggested angrily that the entire Montgomery County school board should be defeated at the next election.

Sounds like one of Trump’s tantrums in which the president responds to the slightest critique with searing criticism of the speaker and urges his defeat on Election Day.

Tag-Team Nastiness

A few days later, Hogan displayed moments of ill temper at a Board of Public Works meeting in which he laced into the interim school chief of Baltimore County for failing to have all county schools air-conditioned immediately.

This is an old tale, one Hogan and state Comptroller Peter Franchot have used yearly to vilify Baltimore County officials. The county has embarked on a billion-dollar system-wide renovation to solve this decades-old problem but it cannot happen overnight – though the tag-team of Hogan and Franchot imply that it can.

To conclude his week, Hogan assailed a federal appeals court for daring to conclude a giant, 40-foot cross-shaped war monument on government property violates the U.S. Constitution’s separation of church and state.

An “outrageous . . . overreach,” Hogan wrote. The court’s conclusion, he concluded, is un-American. “Enough is enough.”

He also vowed to fight the court decision – though the state does not own the land where the “Peace Cross” sits at a busy intersection in Bladensburg and thus is not a party in the lawsuit.

Hogan's Off-Message Moments

Bladensburg Peace Cross

This is the kind of social issue Hogan avoided during his campaign for governor in 2014 so as not to inflame a sensitive issue that might hurt him with voters.

Yet defending a Christian symbol erected on government land plays well with Hogan’s conservative Republican base.

That minorities might find a 40-foot Latin cross objectionable doesn’t seem to enter the governor’ calculations.

Unpleasant Parallel

Hogan’s stance on the Peace Cross has similarities to Alabama Senate candidate Roy Moore’s revisionist approach to constitutional provisions regarding church and state.

Moore was removed as his state’s top judge for installing a two-and-a-half-ton monument of the Ten Commandments in the state Supreme Court building’s rotunda and then refusing to remove it when this was deemed unconstitutional.

Moore, like Anne Arundel County Councilman Michael Peroutka, is a zealous believer in Christian “moral law” superseding constitutional law. The two men would concur with Hogan’s stance on the Bladensburg Peace Cross.

The irony is that earlier this year Hogan removed a statue from the State House grounds due to its inflammatory, racist implications. He respected the sensitivity of offended minority groups.

Yet in the case of the Peace Cross and the possible elimination of school days off for Jewish holidays, Hogan appears not to care about offending minority groups.

He seems oblivious to the fact a giant Latin cross on public land might offend non-Christians, or that this imposing religious symbol at a busy intersection gives the impression that government is endorsing Christianity.

What if a similar-sized Latin cross dedicated to soldiers were placed on the grounds of the Maryland State House? Would Hogan see anything wrong with that?

There’s really no difference between that hypothetical and the Bladensburg situation.

The Peace Cross issue could be resolved by moving the monument to a private location or urging the Maryland-National Capital Park and Planning Commission to turn the land and monument over to a non-profit group, such as the American Legion.

That would be a common sense answer, but Hogan is more interested in reaping political points with his conservative voters, not in solving a problem that has deep constitutional overtones.

Political Danger?

As for school days off for Jewish holidays, Hogan’s criticism may strike some supporters the wrong way.

The governor has captivated many Jewish voters by giving scholarships to parochial schools, increasing ties to Israel and increasing aid to Jewish social agencies.

But his post-Labor Day school commencement edict is creating problems. In some years, local school boards may not be able to schedule 180 days of classes and also give days off for the most sacred days of the Jewish calendar.

If that happens, there could be a political reaction against Hogan’s stance.

There is a middle-ground, common-sense way out for the governor that avoids offending Jewish voters: Make it clear that the state school board has the authority under his executive order to grant a waiver to local school systems if such a bind crops up when creating future school calendars.

That would be more of an on-message approach Hogan could take to would avoid making issues like these a point of contention in the upcoming gubernatorial campaign.

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Starting at the Top

By Barry Rascovar

Oct. 9, 2017 – There’s nothing like starting your political career at the top.

No need serving an apprenticeship in a low-level elective office or working your way up in a methodical manner to gain essential expertise and experience.

The new, Trumpian model is to convince voters you’re the most exciting anti-establishment neophyte in the race who is capable of transforming Maryland’s government “swamp” into a modern-day Nirvana — even if you may not meet the legal qualifications needed to run for governor.

Exhibit A is Krishanti Vignarajah, a Sri Lankan by birth who held jobs in the State Department and the First Lady’s office during the Obama administration.

Now she wants to begin her Maryland career as governor, though her local political credentials are close to zero.

Worse, she may not be eligible to enter the governor’s race.

Vignarajah announced she’s running for governor but she has yet to formally file. She is asking a judge in Anne Arundel County to issue a sweeping declaration that she’s qualified.

Vignarajah is suing the campaign of Republican Gov. Larry Hogan for a comment made by Hogan’s campaign lawyer questioning Vignarajah’s claim that she meets the state’s eligibility standards.

How Hogan’s campaign ended up as a defendant is unclear since the governor runs in the Republican primary and Vignarajah is attempting to gain the Democratic gubernatorial nomination. Hogan’s campaign has nothing to do with the Democratic shoot-out.

There’s also the matter of free speech. The comment by Hogan’s campaign official is one man’s opinion, which isn’t normally subject to judicial review.

The state elections board also is being sued. Why is unclear, too.

First, Vignarajah hasn’t officially filed with the board. So it’s not surprising that the board has yet to say a word either pro or con about Vignarajah’s eligibility.

That puts the judge in a bind.

The judge is being asked to rule about a candidate’s eligibility even though the candidate has yet to submit the formal paperwork and pay the filing fee.

Vignarajah’s lawsuit may be premature.

If she does file with the elections board for governor, she still might not be able to get a judicial determination of her eligibility until the March 1 withdrawal deadline for candidates.

At that point, the elections board might make a decision on whether she meets the legal standards required of a gubernatorial candidate.

That’s when she could contest an unfavorable ruling in court.

Vignarajah was a District of Columbia resident and D.C. voter as recently as 2014. She worked, lived and voted in D.C. – not in Maryland.

Is it possible for her to meet Maryland’s requirement that candidates for governor be residents and registered voters for five years at the time of their filing?

Maryland, My Maryland

In her lawsuit, Vignarajah declares that her heart belongs in Maryland, which she feels should be enough to let her run for governor. She grew up in Woodlawn and now owns a home in Gaithersburg. She considers herself a Marylander.

Yet she voted in D.C. elections from 2010 to 2014, which requires residency in D.C. and seems to foreclose the possibility that she was a Maryland resident during that period.

Yes, she has retained her voter registration in Maryland as well, which could become a point of judicial interest if Vignarajah gets a chance to make her case before a judge.

She raises some interesting issues which could use judicial clarification at some point during the campaign:

  • Are the state’s eligibility election laws discriminatory or deficient?
  • Is it legal for individuals to hold dual voter registration cards if they own property in each jurisdiction? Can they then pick and choose which place they cast their votes or run for offfice?
  • What is the legal definition of residency in Maryland for the purposes of state election laws?

Maryland sets a minimum standard that statewide candidates must meet to qualify for the ballot.

Vignarajah is old enough to run for the state’s highest elective office. The unanswered question is whether she meets the five-year residency and voter requirements.

At some point a judge may rule on that question and other related issues. This controversy has just begun. We may not know the outcome for many months.

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Hogan, King of the Road(s)

By Barry Rascovar

Sept. 25, 2017–Gov. Larry Hogan never met a highway project he didn’t like. He’s a 1950s type of politician – solve all the state’s transportation gridlock and congestion by paving the countryside with lanes of new concrete.

He’s got a $9 billion plan that is a lollapalooza: Let construction giants build and pay for toll lanes on the Capital Beltway and the busy I-270 corridor from the beltway to Frederick – 70 miles of exclusive Lexus lanes – and let those companies reap the toll rewards so they can recoup a staggering $7.6 billion investment (the actual cost is likely to be substantially higher).

Then Hogan says he’ll take the state’s part of the profits and turn the Baltimore-Washington Parkway, now owned by the U.S. Park Service, into curb-to-curb concrete with nary a tree or woodlands in between.

Hogan: King of the Road(s)

He could re-name it the B-W Speedway.

It’s an all-highway solution straight out of the mid-20th century.

While conversation over this stunning proposal has barely started – Hogan consulted very few people it seems – there are a slew of points that deserve consideration before his back-to-the-future initiative gets too far off the ground:

The environmental damage, especially along the B-W Parkway, could be substantial.

How can the Park Service, even under a run-amuck Trump administration, turn the parkway’s 30 miles of mature woodlands over to a state eager to destroy those trees and vast stretches of scenic greenery? Is such a move even legally permissible?

Eight lanes of concrete – four new toll lanes (plus wide shoulders) and four toll-free lanes – would convert the parkway into a high-speed, tension-filled raceway.

For homeowners and neighborhoods abutting or close to the three roadways, Hogan’s plan is a calamity.

When a two-lane expansion of the B-W Parkway was proposed in 2011, Greenbelt leaders loudly objected, fearing the intrusion of the busy highway directly into the town. Imagine what a four-lane toll expansion will do to Greenbelt and other communities along the route.

The situation is far worse along high-density sections of I-270 and the Capital Beltway. Gigantic lawsuits and protests await Hogan when he tries to seize all that private property from businesses and homeowners – and then turn the land over to a consortium that would profit from those government land-grabs.

At the end of this project, Hogan may have done little to relieve highway congestion.

Every expansion of I-495 and I-695 (the Baltimore Beltway) has meant more cars on those roads and a quick return to the same level of congestion and added pollution. Los Angles has experienced the same thing with the famed I-405, where a $1.4 billion expansion didn’t help ease congestion at all.

The notion that Maryland taxpayers won’t be on the hook for a lot of the expense of these mega-projects isn’t realistic.

Hogan’s no-cost-to-taxpayers assertion may sound good to voters, but there’s virtually no way he can make it happen. These are ultra-expensive projects. For starters, seizing private properties through eminent domain can’t be privatized and will be extraordinarily expensive in the high-priced Washington suburbs.

Hogan also says the state’s share of profits from the I-495 and I-270 toll lanes will pay for the four toll lanes on the B-W Parkway. That doesn’t compute given the woeful record of the state’s last two toll projects – the Intercounty Connector and the I-95 Express Toll Lanes from Baltimore to White Marsh. Neither has come near the revenue numbers anticipated prior to construction.

Maryland’s toll authority already is in a heap of long-term financial trouble that would be compounded by these mega-projects.

The Department of Legislative Services says that between now and 2022, Maryland’s tolling facilities will take in $267 million less than projected but operating expenses will be $588 million higher than anticipated. This will force $1.7 billion worth of cuts to future projects and reduce the toll authority’s ability to float bonds by $3.7 billion.

Adding Hogan’s toll-road projects, even with a public-private contract, will scare the heck out of bond-rating agencies, which know full-well the state isn’t getting a free ride on construction projects of this size.

Transportation trends are not on Hogan’s side.

In good times, more cars and trucks use highways and toll roads. But in bad times, the reverse is true. Experts almost universally note the nation is ripe for an economic downturn. That means a big drop in gas tax and toll receipts for Maryland’s transportation agencies.

Rising fuel-mileage standards are hurting Maryland’s gas-tax receipts, too. So is the growth of electric vehicles on the road.

Meanwhile, the Maryland Transportation Authority’s debt service is soaring – a nearly six-fold increase between 2007 and today with no decline in sight over the next 25 years.

The authority “will need to make long-term changes in order to remain financially stable,” DLS reported early this year. Hogan’s mega-projects ignore that suggestion and add to the state’s highway obligations.

Say goodbye to any future mass transit projects.

Hogan’s plan gives zero attention to a balanced transit solution in Central Maryland, instead putting all the state’s transportation eggs in a highway basket. That’s not the direction Virginia or other Eastern states with similar congestion woes are heading.

Such a vast expansion of I-295, I-495 and I-270 will create massive new gridlock at exit and access points.

How in the world could Russell Street in Baltimore handle an additional two lanes of rush-hour traffic? Ditto as the BW Parkway flows into New York Avenue in D.C. It would be a nightmare. Arterial roads and cut-through streets in adjacent neighborhoods along these three interstate highways would be clogged. The law of unintended consequences could kick in.

Passing environmental tests posed by federal and state laws and regulations could delay construction for many years, especially on the B-W Parkway.

Rest assured, legal challenges to every aspect of Hogan’s plan will be posed by environmental groups, well-to-do neighborhood associations along these routes and local governments.

Indeed, Hogan may be out of office by the time the first ground-breaking ceremony takes place – which may be part of his strategy.

What happened to helping Joe Six-Pack and the “forgotten Americans” who can’t afford E-ZPass transponders or Lexus lanes?

There’s nothing in Hogan’s transportation vision that helps people at the lower end of the economy. No expansion of commuter buses, no shuttles connecting workers to spread-out job sites, no future mass transit such as a desperately needed east-west line through Baltimore.

Hogan’s highway proposal creates a windfall for the well-to-do and transportation businesses.

The plan is a winner for candidate Hogan.

Expect hefty campaign contributions from the construction and highway industries, from trucking concerns and from companies along these routes that figure to benefit from additional high-speed, interstate concrete lanes.

For voters, Hogan’s plan sounds great and makes an ideal campaign pitch. The devil is in the details, though, which Hogan won’t mention to voters.

How Democrats react to Hogan’s mega-plan will be fascinating to watch. Commuters want highway relief. But will they like what comes with the relief Hogan is offering?

Putting specifics before voters won’t be easy because the topic is complex. Voters like simple solutions and Hogan is very good at giving simple answers to exceedingly complicated problems.

How will the two other members of the Board of Public Works vote on Hogan’s plan?

They hold the key. Without BPW approval, Hogan’s super-highway plans are dead.

Comptroller Peter Franchot and Treasurer Nancy Kopp will have to dissect the extensive financial ramifications of Hogan’s proposal, the environmental impact, the legal liability such a huge seizure of private property might entail and the impact this would have on the lives of thousands of residents and businesses along those interstate routes.

About the only thing that seems assured is this: Hogan’s sweepingly ambitious highway-building plan is a long way from getting built.

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Hogan’s Strong-Arm Schools Tactic

By Barry Rascovar

Sept. 18, 2017 – In one of the oddest situations Annapolis has seen in recent times, Gov. Larry Hogan is trying to sabotage his own education commission.

That’s right. A state school board made up almost exclusively of Hogan appointees is scheduled today to submit to federal officials a plan for turning around under-performing schools.

The panel agreed to this improvement plan after 19 months of intense study that included five “listening tours,” 205 meetings, testimony from education experts and extensive staff research.

Yet the governor is intent on blowing up his school board’s plan before it arrives in Washington.

Hogan wrote a scathing letter to Education Secretary Betsy DeVos denouncing the school-improvement program approved by his own education panel. He says it preserves “the status quo in failing schools.”

Hogan's Strong-Arm Schools Tactic

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

A reading of the state’s submittal doesn’t appear to support Hogan’s objection, which is rooted almost completely in politics, not education.

Hogan wants to turn under-performing schools over to private contractors to be run as charter, non-unionized schools. He’d like to strip counties and Baltimore City of authority over those schools and lump them into “recovery districts” controlled by the state. He’d love to shut down failing schools and give students vouchers to attend private schools.

Multiple-Choice Education

His notions are rigidly conservative and radical. He would sweep away much of the underpinnings of Maryland’s public school system, including local control. Hogan wants to replace weak-performing schools with a privatized, multiple-choice system for educating children.

That idea hasn’t gotten off the ground in the Maryland General Assembly. The Democratic-controlled legislature repeatedly has rejected Republican Hogan’s attempts to privatize parts of the state’s public education system.

To make sure Hogan can’t embed his conservative education ideas by way of state school board decisions, the legislature passed a measure earlier this year limiting reforms the state panel can include in a plan it must submit to Washington to deal with failing schools.

Essentially, Democratic lawmakers instructed the state board that reform efforts must deal directly with student deficiencies and teacher deficiencies at existing schools. The board’s remediation plan must be implemented within the current education structure. No radical steps like charter schools, privatized management, vouchers or recovery districts allowed.

Lawmakers also rankled Hogan by limiting how much weight can be given to controversial standardized tests in determining if a school is failing.

Hogan vetoed the legislature’s bill, which Democrats then easily voted to override.

Much of the language approved by the legislature is what the powerful state teachers union wanted to protect its members from being fired in a mass privatization movement.

Dealing with Failed Schools

Yet the legislature’s restrictions hardly amounts to “preserving the status quo.” It did restrain what Hogan’s school board can propose as far as school takeovers and other sweeping moves to turn to private-sector solutions.

Yet the final product gives a detailed description of how schools will be judged and how the state will support comprehensive improvements in the weakest public schools.

It’s a far more challenging and thoughtful plan than an “off-with-their heads” approach that would re-create faltering public schools along privatized lines.

Hogan could well gain backing for his subversion from DeVos in Washington. After all, the pair made a joint guest appearance at an elementary school in Montgomery County earlier this year. Their education ideas seem to mesh.

She, too, is an ardent believer in privatization of schooling, though that approach has a mixed record.

Despite reservations from some of its members, the state education board’s submission to Washington is a solid, commendable effort to directly confront failings in schools across Maryland. The stress is on comprehensive efforts to improve teaching skills and student performance.

That may not be radical enough for Hogan, who is using all his tools to try to gum up the works. The danger is that he succeeds, with $250 million in federal school aid hanging in the balance.

But don’t count on Democrats in the legislature letting the Republican governor have his way on education privatization, even if DeVos sides with him. They are unlikely to yield.

This could well turn into an election issue next year with Hogan appealing to his conservative political base, accusing Democrats of pandering to the teachers’ union and resisting wholesale reforms.

On the other side, Democrats are sure to exploit Hogan’s unyielding advocacy of school privatization as part of his effort to diminish state support of public education.

DeVos’ decision on Maryland’s school-improvement proposal could play a prominent role in the state’s upcoming elections, especially the race for governor. It could have ramifications far beyond the classroom.

The Truth about Truth in Sentencing

By Barry Rascovar

Gov. Larry Hogan can’t make up his mind.

Last year he was a gung-ho advocate of “soft-on-criminals” reforms aimed at cutting Maryland’s prison population by 1,000 and putting more resources into helping low-level offenders avoid a life of crime.

This time, though, Hogan is sporting his “tough on criminals” campaign button, calling for “truth-in-sentencing” as part of a crime-fighting package he’ll introduce in the next legislative session.

So, is Hogan soft or tough on crime?

The Truth about Truth in Sentencing

Maryland Department of Public Safety and Correctional Services

As the 2018 election campaign draws closer, Mr. Tough Guy wins the day.

It’s good publicity to be seen as eager to crack down hard on thugs and violent offenders making Baltimore City one of America’s crime capitals.

So what if Hogan’s truth-in-sentencing idea negates all the savings of his Justice Reinvestment Act that commences in October?

So what if his plan creates extreme hazardous conditions for correctional guards and for inmates in Maryland’s prisons?

So what if it ties the hands of judges and virtually eliminates the need for a parole board and a probation division?

And so what if Hogan’s idea will do virtually nothing to stem Baltimore’s historic criminal rampage?

Atmospherics Count

It’s all about the atmospherics, the sense that the governor is mad as hell and won’t take it anymore, that he’s fed up with molly-coddling prisoners, that he’s doing something.

Hogan tried to set up city judges as the bad guys. He demanded they attend a criminal justice meeting on Aug. 29 where he’d sternly tell them to hand out lengthy sentences.

After the state’s chief judge informed him no member of the judiciary would attend because it would impinge greatly on judicial independence and the constitution’s separation of powers, Hogan played the role of offended party.

He used their absence to pound on judges as one reason Baltimore’s crime situation is “out of control.”

Mayor Catherine Pugh piled on, too, expressing disappointment in the judges’ absence. “We have repeat offenders continuing to walk the streets,” she said because judges are handing out too many suspended sentences.

If only it were that simple.

Even State’s Attorney Marilyn Mosby couldn’t resist taking a shot, indicating that long, long prison terms for violent, repeat offenders would make Baltimore safer. (So would a better record of successful prosecutions by the state’s attorney’s office – a point Mosby artfully ignored.)

View from the Judiciary

Mary Ellen Barbera, chief judge of the Maryland Court of Appeals, later tried to talk common sense in a commentary article but was drowned out by the emotional political rhetoric.

The Truth about Truth in Sentencing

Chief Judge Mary Ellen Barbera of the Maryland Court of Appeals

She noted those suspended sentences primarily relate to cases in which the defendant has been convicted of multiple crimes.

This results in an extended prison term on the most serious crimes and a conditional suspension of extra time in prison on lesser offenses.

That means inmates leaving prison still remain under state watch through the parole system for years to come. They’re also required to meet other terms set by judges, such as mandatory drug testing, employment, weekly check-ins, etc.

Hogan is getting pushback from some within his administration on the merits of turning Maryland toward the rigid, “life-without-parole” model.

It’s a huge drain on the prison system’s budget and the prison staff. It increases the chance of recidivism once these inmates are released. And it does very little to stem the rising tide of violence.

Hogan got it right the first time with the Justice Reinvestment Act.

Crime in lower-income communities is a multi-faceted, complex problem. Dealing with it by locking up felonious offenders for lengthy periods won’t change the underlying causes of disrespect for the law.

But it does play well with voters, and 2018 is, indeed, an election year for Maryland’s governor and the city’s state’s attorney.

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Standstill at State Center

 

By Barry Rascovar

Sept. 4, 2017 – Here we go again. Every so often, the prospective developer of the long-stalled State Center re-do in Baltimore stirs the waters and agitates community groups to denounce Gov. Larry Hogan for not giving the A-OK to its $1.5 billion project.

And why not? On paper it is sparkling, exciting effort to energize and uplift a depressed portion of mid-town Baltimore with high-rise apartments, modern office space for state workers and retail space – perhaps even a much-needed grocery – in the historic Fifth Regiment Armory.

The redevelopment would replace an aging array of state buildings that needs to go.

That’s the developer’s public “spin.”

Left unsaid is the gigantic taxpayer giveaway to the State Center developer if the project is re-started.

Standstill at State Center

Proposed State Center Redevelopment

Last month, Hogan toured State Center along with Baltimore Mayor Catherine Pugh. They agreed on the need for an alternative plan.

To Hogan that means something other than what the developer has in mind. And for good reason.

Different Economic Times

The deal hatched originally by Gov. Bob Ehrlich and then substantially revised by Gov. Martin O’Malley gave the developer an immense government subsidy, both from the state and city.

That economic scheme might have worked in 2004 under Ehrlich, when the economy was roaring and there were sufficient resources to support such a heavily subsidized undertaking.

But the Great Recession rendered the original plan unworkable. The initial developer withdrew and a new team started lobbying O’Malley for a new deal, which turned out to be even better for the builder.

O’Malley, though, never got the massive project approved by the three-member Board of Public Works. The deal, as structured, violates the state’s debt ceiling and threatens the state’s much-treasured triple-A bond rating.

Details of the agreement reveal other bad news for the state, such as an exorbitant lease arrangement in which the state would be obligated to pay sky-high rent – equivalent to harbor-view office space — for at least the next 20 years and perhaps as long as 50 years.

Baltimore, meanwhile, obligated itself to waive property taxes on the property for decades, erasing any financial advantage for a city sorely in need of more – not fewer – revenue sources.

Both Comptroller Peter Franchot and Treasurer Nancy Kopp consistently objected to the State Center contract. Last December, Hogan joined them in opposing the redevelopment. All of them voiced deep concern for what the deal would do to Maryland’s legal debt obligations.

All three had a fiduciary responsibility that could not be ignored. As Hogan put it during his recent State Center tour, the deal is no longer viable. He called it “a crazy proposal that didn’t make any economic sense” for the state.

What Next? 

Yet everyone agrees something should be done with the aging properties. How to pull it off given the one-sided nature of the current proposal is likely to leave State Center at a standstill for a long time.

The two sides are fighting in court, but the odds are long that the developer team can pull off a miracle. That would require the court to upend the state constitution that instructs the Board of Public Works to “guard the public interest” and give its assent to any state government public project, big or small.

Nevertheless, Hogan and Pugh can work on other arrangements for state workers while State Center is tied up in li tigation.

Leasing space for state workers in renovated, older high-rises in the Central Business District would be a far cheaper option.

Or the state might negotiate a favorable deal with another developer refurbishing the giant former Social Security Administration annex near Lexington Market. This, too, would be a cost-effective way to improve government working conditions at a reasonable price, while giving an economic boost to a struggling section of West Baltimore.

Either of those options could be pursued while the tug-of-war in court proceeds.

What’s needed at State Center is a clean slate. The current developer group won’t go away without compensation for the preliminary work they’ve done. That could be the price the state must pay to move forward.

Earlier legal challenges to the developer’s plan raised serious questions about the financial viability of the overall proposal. A series of reports by the Department of Legislative Services also shot huge holes in the developer’s project.

It’s often forgotten during community protests against Hogan that he wasn’t alone in opposing the State Center contract. It was a 3-0 vote to deep-six the project.

These well-meaning community protesters are being used as pawns in this fight. If something good is going to happen at State Center, it most likely requires a different set of developers, a different concept and a far larger commitment of private-sector dollars and fewer public-sector dollars.

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Hogan’s Trumpian Tendencies

By Barry Rascovar

Aug. 28, 2017–There’s a little bit of Donald Trump in Maryland Gov. Larry Hogan.

Demands of obedience from the co-equal branches of government. His pandering to the far-right of the Republican Party. His refusal to compromise and blame others when things go wrong. His recent descent into the political gutter by giving credence to “fake news.”

The state’s governor continues to perform a delicate balancing act – distancing himself ever so carefully from the Republican president’s offensive behavior and then pandering to Maryland’s hard-core conservative Trump supporters.

One day he opposes the white supremacist actions in Charlottesville, Va., and quickly removes a symbol of racism from the State House grounds.

But he follows up with actions that appeal to law-and-order hard-liners and then makes political points with right-wingers by furthering their “fake news” story about a phantom movement to sack the state flag.

Hogan's Trumpian Tendencies

MD Gov. Larry Hogan

How Trumpian of Hogan.

The president regularly flays Congress and his own party’s leaders for not marching in lock-step behind him. He denounces judges who disagree with him, sometimes in harsh, ugly terms. He feeds the worst instincts of his followers. And he revels in perpetrating outright lies and convincing his followers that straight news reporting is fraudulent.

Hogan’s Commandment

In Maryland, the state’s Republican governor demands that judges in Baltimore City follow his tough-on-criminals commandment: Thou shalt not hand out suspended sentences to gun-law violators.

He set up a meeting with city judicial leaders to lecture them and pressure them to crack down on repeat law-breakers.

The state’s top judge, Chief Judge Mary Ellen Barbera, termed Hogan’s request “inappropriate” and cited the judiciary’s code of conduct which states a judge “shall not be swayed by public clamor or fear of criticism.” City judges, she wrote, will not attend.

That didn’t stop Hogan from making political points with his base of angry supporters. He called Barbera’s action “misguided” – since it blew up plans to stage a highly publicized event in which the star of the show would be Larry Hogan.

Now Hogan, like Trump, has an easy target to blame, in this case for the lack of progress in stemming Baltimore’s murderous crime rate. The notion that judicial independence would have been severely compromised didn’t faze him at all.

It’s similar to the way he denounces Democratic Senate and House leaders when his legislative agenda goes up in flames – even though Hogan is as much to blame as House Speaker Mike Busch and Senate President Mike Miller.

Perpetuating “Fake News”

But this governor, like Trump, is never wrong and is never at fault when his best-laid plans are sidetracked – sometimes by his own stupidity (such as not allowing administration officials to testify on bills or refusing to honor information requests from Democratic legislators).

Now Hogan has decided to capitalize on “fake news,” another Trump specialty. He happily jumped on board a totally fictionalized assertion by a right-wing website that “radicals” in the state legislature were about to change the state flag due to localized Confederate ties during the Civil War.

The flag, Hogan told his most fervent cheerleaders, “will never be changed as long as I’m governor.”

There’s only one problem: The flag isn’t “under attack” as Hogan’s far-right acolytes maintain. The whole thing was made up by a conservative media outlet to whip its followers into a frenzy and sign a petition to save a state flag that doesn’t need saving.

Thanks, governor, for displaying such strong leadership to further this “fake news” cycle. It’s just what we need in Maryland – another emotionally charged non-issue that deflects from the far more difficult job of governing in perilous times.

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Hogan & Pugh: Doing What’s Right

By Barry Rascovar

Aug. 21, 2017 – In this seminal period of American history, it is important for elected officials to display moral courage and leadership rather than more fashionable politics of survival – and a craven pandering to people’s baser instincts.

Both Maryland Gov. Larry Hogan and Baltimore Mayor Catherine Pugh took the high road last week, doing what was right even if it proved controversial.

The two leaders acted quickly to remove Civil War-era statues that inflamed public debate, thanks to President Trump’s incendiary comments following a neo-Nazi, white supremacist rally and a later domestic terrorist attack in Charlottesville, Va.

The two Marylanders are getting flak for their prompt, common-sense decisions. They even drew criticism for daring to provide sensible arguments for their actions.

While this dispute superficially involves the removal of statues honoring the Confederacy and slavery, the culture war erupting nationwide is forcing Americans to confront some of this country’s darkest history.

Ever since the end of the North-South confrontation that lasted four bloody years, there’s been a concerted effort to patch things over and get on with “reconciliation.” Southern leaders, meanwhile, have tried to keep the image of the ante-bellum era alive, turning Confederate leaders into hallowed heroes and their traditions into a virtue.

Those divergent initiatives led to Confederate statues arising around the country. Four in Baltimore now have been removed as has one on the State House grounds in Annapolis.

Lee-Jackson on Horseback

The Lee-Jackson equestrian statue in Wyman Park dell near the Baltimore Museum of Art should have come down long ago. It was an embarrassment, an ode to two military men who betrayed their country and sought to tear it asunder.

Their actions do not merit a salute on public city property. Neither Robert E. Lee nor Thomas “Stonewall” Jackson showed up in the vicinity of Baltimore during the Civil War. There’s no reason for this statue to be in a Baltimore park.

Hogan & Pugh

Lee-Jackson Monument at its former site in Baltimore.

Pugh hit a home run when she suggested the equestrian bronze rightly belongs on the Chancellorsville battlefield in Spotsylvania, Va. That is where Lee and Jackson concocted a brilliant strategy that pulled off a surprising victory – one that was marred by Jackson’s friendly-fire wounding and subsequent death.

As for the two statues of Roger B. Taney (1777-1864), the issue is more complex. Taney, the fifth chief justice of the U.S. Supreme Court, stands out as the most prominent Marylander to serve in high federal posts for an extended period of time.

After election to the Maryland House of Delegates, state Senate and then to the office of state attorney general, Taney took on the role of President Andrew Jackson’s attorney general and later secretary of the Treasury. He was the most influential member of Jackson’s “kitchen cabinet” and architect of Jackson’s campaign to abolish the Second Bank of the United States.

This was a pivotal issue in Jackson’s election and re-election. Taney provided a glide path for President Jackson, who was the Bernie Sanders of his time – a populist intent on bringing the voice of the common man into the White House.

Taney on the Supreme Court

Jackson then chose Taney to succeed the giant of Supreme Court chief justices, John Marshall. It was a position Taney held for over 28 years.

A state’s rights constitutionalist, Taney broke new ground in commercial law, the enforcement of legally binding contacts and the decision-making authority of popularly elected state legislatures.

One landmark written opinion, though, left Taney’s reputation in tatters. From the moment the Dred Scott decision was announced in 1857, it was excoriated for its harsh and inhuman characterization of African Americans.

Scott, Taney wrote, had no standing to file a lawsuit because African Americans – both freedmen and slaves – possessed “no rights which the white man was bound to respect.”

Hogan & Pugh

U.S. Supreme Court Chief Justice Roger B. Taney

From today’s vantage point, there’s no doubt of the terrible wrongness of Taney’s declaration. But in the context of his times, Taney’s viewpoint was supported by many Americans, including six other Supreme Court justices who supported Taney’s majority opinion.

According to an amazingly timely account of the Taney statues in the spring/summer issue of the Maryland Historical Magazine, Taney’s bronze image came about as a result of diametrically opposed drives by state legislators: One group sought reconciliation after the war by honoring Maryland’s most famous national figure. The other group had clear white supremacist goals, using Taney’s Dred Scott opinion as the rationale for their racist views.

Bronzes are Born

William Henry Rinehart, a renowned Maryland sculptor, cast the Taney bronze in his Rome workshop. It cost taxpayers $10,000 (about $250,000 in today’s dollars). The statue’s unveiling in 1872 was a major state event. A duplicate of Taney’s head, neck and shoulders, with alterations, was later commissioned for Baltimore, crafted by the brilliant American Beaux-Arts sculptor, Augustus Saint-Gaudens.

These are historically accurate and important works. Demagogic demands by gubernatorial candidate Ben Jealous and Baltimore City Councilman Brandon Scott to melt down those artistic creations are despicable attempts at modern-day book-burning. Such demands bring into question these individuals’ temperament as public figures.

Both Hogan and Pugh placed the controversial statues in storage until an appropriate home can be found. Flame-throwers on both the far-right and far-left would love to make these statues a cause celebre to further their opportunistic objectives.

No wonder the bronzes were moved overnight from their sites. Public safety was at risk.

Appropriate Replacements

Now the question becomes: What should replace these discredited public monuments?

Why not commission statues of unifying figures from Maryland’s recent past, such as political giants:

  • William Donald Schaefer (four-time Baltimore mayor and two-time governor),
  • Theodore Roosevelt McKeldin (two times both governor and Baltimore mayor),
  • Barbara Mikulski (feminist ground-breaker and longest-serving female member of the U.S. Senate), and
  • Charles “Mac” Mathias (seminal centrist politician in both the U.S. House and Senate).

Or perhaps we should replace the Baltimore bust of Taney with a bust of the most recent Maryland Supreme Court justice, Baltimore-born Thurgood Marshall, the first African-American jurist on the nation’s highest court.

What about Nancy D’Alesandro Pelosi – the Baltimore daughter of a three-term mayor and five-term congressman, Thomas “Old Tommy” D’Alesandro, Jr. – who rose to the highest rung of the U.S. House of Representatives as the nation’s first female Speaker of the House?

Or maybe we should avoid political figures and honor in bronze the likes of James Rouse, the pioneering urban planner (the new town of Columbia, Harborplace, Cross Keys, Mondawmin and Harundale Mall – the first enclosed shopping center east of the Mississippi).

Why not a bronze statue commemorating philanthropists like Johns Hopkins, Enoch Pratt and George Peabody, whose selfless contributions to the Baltimore region have endured for over a century?

It’s time to move on from 150-year-old Civil War divisions.

Let us find proper, appropriate sites for controversial statuary art from that era.

Then let us honor and commemorate men and women of all races who have made metropolitan Baltimore and Maryland better because of their dedication and hard work for the common good.

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

Madison, McCain and Hogan

By Barry Rascovar

Washington’s embarrassing health care debacle should not come as a surprise. Two hundred thirty years ago, James Madison warned of just such an appalling spectacle in Federalist Paper No. 10. He pinpointed the cause, as did Maryland Gov. Larry Hogan and Arizona Sen. John McCain in the past week.

Madison wrote of the evils of “factions,” of narrow-minded party zealots more concerned with a political “win” than doing what’s best for people. He cautioned against leaders “ambitiously contending for preeminence and power” more disposed “to vex and oppress . . . than to co-operate.”

Madison, McCain, Hogan

James Madison portrait, by Gilbert Stuart

“A factious spirit has tainted our public administration.”

Madison composed those words during a bitter fight to approve the Constitution in 1787.

John McCain expressed identical sentiments in his dramatic truth-to-power health-care speech on the Senate floor last week.

Republican leaders and President Trump tried to pull a fast one on the GOP Senate majority: A series of recklessly ill-conceived health-care proposals written behind closed doors, not revealed till the last moment and creating a health-care disaster for over 30 million Americans.

The GOP came close to succeeding – until the chamber’s eternal maverick, the nation’s best exemplar of what it means to be a “profile in courage,” gave his colleagues a blunt and on-point lecture they badly needed.

World’s Worst Deliberative Body?

McCain complained that Senate deliberations had become “more partisan, more tribal than any time I remember.”

The results? Well, there haven’t been any, he said. “We’ve been spinning our wheels . . . because we keep trying to find a way to win without help from across the aisle.” And, he added, “We’re getting nothing done.”

Yes, America’s health-care system is a mess, McCain noted. It’s no secret it needs fixing.

But a bunch of hard-core Republicans tried to ram through an unworkable series of proposals, intentionally bypassing the democratic system of holding public hearings to get viewpoints from all sides, letting legislators of all stripes offer amendments and allowing time for lawmakers to parse and debate details of the bill.

What we witnessed was the worst of one-party rule, a society lurching toward autocracy – until a handful of Republicans had the gumption to do what was best for their constituents rather than what was best for their political party’s ambitions.

Madison, McCain, Hogan

Arizona Sen. John McCain

McCain told colleagues they should be realistic:

“Incremental progress, compromises each side criticize but also accept, just plain muddling through to chip away at problems” may be “the most we can expect from our system of government, operating in a country as diverse and quarrelsome and free as ours.”

Step By Step Approach

Sometimes, he said, “we must give a little to get a little,” and sometimes “our efforts manage just three yards and a cloud of dust, while critics on both sides denounce us for timidity, for our failure to ‘triumph.’ ”

But that’s part of the American system, he continued. Grinding the other political party into oblivion isn’t inspiring or worthwhile.

“There’s greater satisfaction in respecting our differences while not letting them stand in the way of agreements that don’t require either side to abandon their core principles; agreements made in good faith that help improve lives and protect the American people.”

Even before McCain spoke these words, Maryland’s governor was joining other governors – Republicans and Democrats – to demand an end to the circus in Washington that threatened tens of millions of their states’ citizens.

Three times Republican Hogan has raised objections to the mad rush among GOP leaders in Congress and the White House to push through healthcare bills that would cripple the private insurance market and crush the hopes of many citizens for healthcare coverage.

Havoc in the States

When the GOP leadership’s unveiled its “repeal and replace” bill, Hogan’s office said congressional leaders should “go back to the drawing board” and produce a plain that didn’t take healthcare away from people.

Later, Hogan and 10 other governors condemned the GOP leadership’s healthcare plans that would have wreaked havoc in the states. Instead, the governors sensibly called for “both parties to come together and do what we can all agree on: Fix our unstable insurance markets.

Then before the Senate’s absurd “vote-a-rama” marathon last week, Hogan and eight other governors from both parties strongly opposed the “skinny repeal” plan that would have knocked the legs out from under Obamacare.

“Congress should be working to make health insurance more affordable while stabilizing the health insurance market,” the governors stated. What the GOP congressional leadership proposed, they said, would “accelerate health plans leaving the individual market, increase premiums and result in fewer Americans having access to coverage.”

What’s needed, they repeated, is a cooperative spirit of compromise in which Republicans in Congress sit down with Democrats and the nation’s governors, figure out how to fix what’s broken in the healthcare system and agree on a solution.

Is anyone listening?

They were listening to James Madison in 1787 when he pleaded with his countrymen to avoid turning the country into a nation of “factions” that would destroy what had been dearly won.

Now we’ll find out if John McCain’s pleas and those of governors like Larry Hogan are heard and heeded by a deeply fractious, hyper-partisan Congress.

Much hangs in the balance.  ###