Arkansas news, politics, opinion, restaurants, music, movies and art, Arkansas Times

Martha Shoffner's day in court

Max Brantley — Mon, 20 May 2013 06:12:44 -0500

State Treasurer Martha Shoffner will lead the news today, though Sunday provided few new details about the FBI's somewhat unusual arrest of her Saturday afternoon for a weekend in the Pulaski County jail.

When last I spoke with the office of the U.S. attorney, neither a court appearance nor official news conference had been scheduled today on Shoffner's arrest on a charge related to receiving financial benefits for her public service. Nor had I had been able to get a response to the question of why the Saturday arrest. She wouldn't appear to be a flight risk. Surprise arrests are sometimes undertaken to preserve evidence. Two days in the slammer might make a 68-year-old woman prone to deal.

I wrote former U.S. attorney Chuck Banks, now one of the city's most successful criminal defense lawyers, to see if he was representing Shoffner. He didn't respond. But the Democrat-Gazette reports this morning that his name turned up on the county jail visitor log on Sunday. Banks, you might recall, defended Lu Hardin in his federal prosecution. It ended in a plea deal, but no jail time for the former UCA president, a former legislator in a position of public trust convicted of fraud and money laundering.

Employees of Shoffner are whispering that, despite the fact she's been under scrutiny for months, that they didn't believe she'd hired a lawyer until very recently, perhaps this weekend. If so, it was a decision about as wise as her decision not to appear to answer a legislative subpoena over her audit. She's short of financial resources, employees say, but legal representation is something you can't afford to skimp on.

A personal assistant to Shoffner told me the office would be open for business as usual Monday. We still don't know whether the charge will be linked to her investment decisions, or her messy campaign finances or both. Her ability to conduct business without ill appearance will necessarily be damaged by being under federal charge. Pressure on her to resign will be enormous, however firm and perhaps even credible her protests of innocence might be. The difference here, as compared with say the prosecution of Gov. Jim Guy Tucker, was that the case against him was wholly unrelated to his public office.

Employees that I've reached or been quoted by others, to a person, were caught unawares by Saturday's arrest. It occurs to me that the drama might encourage others to be cooperative, if others are in a position to do so.

I thought this was interesting — a Facebook post by former Republican Rep. Ed Garner making the unexceptional but worthy point that innocence attaches to all until proof of guilt and, moreover, that state investments for which Shoffner have been criticized aren't necessarily so readily judged. It is not a crime to sell a bond before maturity, for example. Also, there've been some gross misrepresentations already in this case by people nominally thought to be nonpartisan evaluators. I explored that at some length here when the increasingly political legislative audit division publicized faulty comparisons between treasury and retirement system investments to help Republican legislators build a case against Shoffner.

I'd add that it is not a crime to do business with friends or for a state official's office to do business with a campaign contributor (statutory law and sleaze being two different things). We'd be a nation of political felons if that were so. It's the direct quid pro quo that's the problem. Sometimes hard to prove; sometimes not. Soon we'll have more details to judge. IF the case involves benefits from people with whom Shoffner did state business, it's worth noting that no relevant names have turned up on jail dockets just yet.

Other items this Monday morning:

* GUN HAPPY: NRA blog reports news that Remington Arms is expanding its ammunition plant in Lonoke. It's a $32 million project.

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Little Rock Film Festival 2013 award winners

Lindsey Millar — Sun, 19 May 2013 22:42:00 -0500

I'll have more on my impressions on this year's festival tomorrow. In the meantime, here are this year's prize winners.

Oxford American Best Southern Film Award ($10,000 prize money): "Bayou Maharajah"
Heifer International Social Impact Film Award ($10,000 prize money): "These Birds Walk"
Golden Rock Narrative Film: "Short Term 12"
Golden Rock Documentary Film: "Dirty Wars"
Extraordinary Courage in Filmmaking: Jeremy Scahill ("Dirty Wars")
Arkansas Times Audience Award: "Bridegroom"
Made in Arkansas Best Feature: "45 RPM"
Made in Arkansas Best Short: "The Discontentment of Ed Telfair"
Made in Arkansas Best Director: Mark Thiedeman for "Last Summer"
Made in Arkansas Best Actor: Liza Burns in "45 RPM"
Wold Shorts: "When We Live in Miami"

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A perfect sausage from Butcher and Public

Michael Roberts — Sun, 19 May 2013 16:38:00 -0500

Central Arkansas is blessed with some really good sausage makers. Whether it's the house made sausages from Hillcrest Artisan Meats, Edwards Food Giant, or straight from the farm, there's no shortage of really fantastic sausage in the area. To this list of greats, add Travis McConnell, a man with no small amount of experience making charcuterie, and who has been slowly rolling out his Butcher and Public restaurant concept at various events around town.

I wasn't able to attend the big hog roast that McConnell threw last February, but I was lucky enough to catch him grilling some of his homemade sausages at the Bernice Garden Farmers Market. I ordered up a hot one and was treated to a large juicy sausage nestled just right on a split and grilled baguette. Toppings were of a "do it yourself" nature, so I slathered on a generous amount of mustard and a couple of spoonfuls of a tasty looking chimichurri — there was also a bread-and-butter pickle mix, but I'm not a fan of sweet pickles. The result was one of the best things I've eaten in awhile: tender, savory grilled sausage on chewy bread, kicked up with mustard and finished with a chimichurri that was just the right balance of garlic, fresh herbs, and good oil. I was eating off a paper holder on a park bench, but I might as well have been eating somewhere fine.

I'd wondered when Chef McConnell first announced his plans to open Butcher and Public in the Main Street area if there was enough room in this town for another fine-meat purveyor. After sampling the chef's work, I know that I'll have no problem making room for such good food in my life. The Butcher and Public gang plan to do more market appearances, so I urge you all to grab one of these fresh-grilled masterpieces as soon as possible — I can't wait to eat my next one.

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It Could Happen to You: the open line

Max Brantley — Sun, 19 May 2013 16:11:40 -0500

The day's not done, but I've seen two excellent films at the Little Rock Film Festival. "Muscle Shoals" was a tuneful history of the large and talented personalities behind the recording industry in that seemingly unlikely place. Even better was "Bridegroom," a love story that I wish somebody would put in the hands of the U.S. Supreme Court soon.

Here's the Facebook page for "Bridegroom," the story of Shane Bitney Crone, who lost Tom Bridegroom, the love of his life, in an accident. It is a story about the travails of a same-sex couple deprived of rights others enjoy (visiting a loved one in a hospital, for example), along with the simple hazards of being gay in some families and some places. Hard to see how this story wouldn't touch just about anyone, though Tom's family erased Shane from their son's life, preventing him from attending the funeral.

The movie is the work of Linda Bloodworth-Thomason, who was inspired by the 10-minute YouTube above. "It Could Happen to You" was produced by Crone after his partner's death. I hadn't been aware of this viral phenomenon (3.8 million views) until today. The movie takes the story much farther, in a sensitive and complete way, fair even to the hard-hearted in their lives. Truth hurts, of course. Crone was at the screening this morning and talked about his life today and the movie — an audience winner at Tribeca Film Festival, where it was introduced by Bill Clinton. It was another occasion to be grateful for the LRFF.

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Honestly, do those who entertain at Walmart shareholders’ meetings really deserve all the press coverage they receive?

Richard Drake — Sun, 19 May 2013 11:34:00 -0500

Local media - especially television news, which greets each new Walmart press release as though it were manna from Heaven - has never had a particularly critical eye when it comes to the behemoth of the retail world.

Never is that adulation more in play than during the annual shareholders’ meeting, when thousands of Walmart employees are trundled together to hear inspiring messages of hope and faith from those at the top of the Walmart food chain, and be entrained by various entertainers.

The pep talks from top management never fail to make it onto the news, as if somehow the folks at Walmart have said said something new, and wondrous.

But the performers? Really? Honestly?

It has always been sort of difficult to take someone like past Walmart entertainer Celine Dion seriously at the best of times, especially after the grotesque performance she gave on Larry King a few years ago, when she warbled a few lines to inspire the folks who were stuck in New Orleans because of Hurricane Katrina.

That most of them didn’t have electricity, and probably weren’t listening to her song of hope went completely over her head.

Leaving the unfortunate Ms. Dion aside, this year's shareholders’ meeting will be chock-full of such entertainers - who will receive top coverage from Walmart’s handmaidens in the media.

But just imagine how much cheering might fill Bud Walton Arena should Walmart decide to follow the example of competitor Costco, and pay a starting wage of $11.50, or if the Walton family decided to take a stand to raise the minimum wage in this country.

Now, that would be worthy of front page news.

******

Quote of the Day

I never knew how soothing trees are - many trees and patches of open sunlight, and tree presences; it is almost like having another being. - D.H. Lawrence

rsdrake@cox.net

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Sunday morning: IRS, Kochs and movies

Max Brantley — Sun, 19 May 2013 06:58:59 -0500

Not much new to report this morning. If all goes well, I'm going to catch at least three movies today at the Little Rock Film Festival. But if anyone would like to forward details of the coming charges against state Treasurer Martha Shoffner, you know where to find me.

Someone asked about impeachment. Here's what the Arkansas Constitution says. There is a presumption of innocence under the law, of course. But the facts of the coming charge seem likely to add to the case that Shoffner would best serve the public by resigning. if that were to happen, the governor would appoint someone to serve the remainder of the term, which ends next year.

Otherwise:

* DON'T LET THE FACTS GET IN THE WAY OF A GOOD IRS STORY: The New York Times has dug into the operation of the Cincinnati office of the IRS where Tea Party tax-exempt organizations got singled out for attention. The story may be more muddled than the get-the-conservatives conspiracy that has been established. Maybe it's as much or more about agency incompetence rather than politics. Fat chance this will change the story arc now.

* TAR SAND PIPELINES AND THE KOCHS: A day late, but here's a story to read and ask U.S. Rep. Tiny Tim Griffin of Mayflower about. It's about a vast pile of Canadian oil waste rising in Detroit. It's owned by the lovable Koch billionaires and is a nasty byproduct of Canadian tar sand exploration, a venture that put nasty crude into the pipeline that ruptured in Mayflower and which would put still more in the Keystone XL pipeline that Tiny Tim is pushing so hard to get built. That pipeline will allow the Koch boys to move Canadian tar sand product across sensitive U.S. aquifers en route to refineries in Texas that will ship finished products overseas. All this to further encourage pumping more dangerous gases into the planet's warming air.

An initial refining process known as coking, which releases the oil from the tarlike bitumen in the oil sands, also leaves the petroleum coke, of which Canada has 79.8 million tons stockpiled. Some is dumped in open-pit oil sands mines and tailing ponds in Alberta. Much is just piled up there.

Detroit’s pile will not be the only one. Canada’s efforts to sell more products derived from oil sands to the United States, which include transporting it through the proposed Keystone XL pipeline, have pulled more coking south to American refineries, creating more waste product here.

Marathon Petroleum’s plant in Detroit processes 28,000 barrels a day of the oil sands bitumen.

Residents on both sides of the Detroit River are concerned that the coke mountain is both an environmental threat and an eyesore.

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UPDATE: FBI confirms State Treasurer Martha Shoffner's arrest, apparently for official misconduct

Max Brantley — Sat, 18 May 2013 18:45:30 -0500

The shoe drops. This mug shot of Democratic state Treasurer Martha Shoffner appeared on the Pulaski County sheriff's office jail intake page late this afternoon. (She looked a little distracted when I saw her looking over the cottage cheese in a case at Kroger's earlier this week.) Sorry: I originally called her auditor incorrectly. I have many calls out for more information.

Shoffner has been under scrutiny for a variety of issues including charges of favoritism in handling of state investments with a securities firm and also in sloppy reporting and spending of state campaign finance money. She's been subject, too, of a tough legislative audit and Republicans have been calling for her to resign.

UPDATE: I"ve heard from Kimberly Brunell, agent in charge of the Little Rock office of the FBI. She's circumspect:

I can tell you that FBI agents today arrested Martha Shoffner on Hobbs Act charges.

Brunell said there'd be more information at a news conference Monday, probably following Shoffner's appearance in a U.S. magistrate's court. She'll remain jailed until then.

I tried to press Brunell, but she said she couldn't provide details. She did say, in response to my question of whether campaign finance or official conduct figured in the charges, that I should look to the portion of the Hobbs Act that refers to "extortion under color of official rights." Said Brunell: "That was the part she was charged under." Then she said no more.

Here's what you need to know about the Hobbs Act. Excerpt:

In order to show a violation of the Hobbs Act under this provision, the Supreme Court recently held that "the Government need only show that a public official has obtained a payment to which he was not entitled, knowing that the payment was made in return for official acts."

I guess you could still argue, knowing nothing of the facts underlying this arrest, that this still could pertain to campaign contributions in return for official acts, as well as payments of some sort for investment decisions. Monday should be interesting.

Republicans are popping champagne corks. Justifiably,

UPDATE II: a spokesman for Gov. Beebe says they have no comment. They know nothing beyond press reports.

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See a movie open line

Max Brantley — Sat, 18 May 2013 17:53:00 -0500

The line is open.

Nothing to say but to add to Lindsey's endorsement on our podcast this week of the Little Rock Film Festival. At age 7, this event has grown up into a wholly big-time entertainment (and education) plus for the city.

We watched "Bayou Maharaja" in the space on Main across from the Rep. Great film about the legendary New Orleans pianist James Booker. It's not in release yet, so this was a rare opportunity to see it. Then we checked out "Spies of Mississippi" in the comfortable auditorium at HAM. It's headed to TV and it's a must see on the Mississippi Sovereignty Commission and its complicity in spying on, and even murder of, civil rights workers in the bad old days of the 1960s.

A bonus at the second film was the filmmaker's account of her visit to the home of a courtly seg, not regretful of his involvement in the commission, but willing today to break bread in his farm home (complete with Confederate flag on the wall) with the vivacious black woman lawyer, Dawn Porter, from up East who made the movie. Wonderful story. The other movie to be made of this is, of course, how the segs really did win, if you look at the political state of Mississippi and the South today.

Lots of screen time in the movie for Jerry Mitchell, the Harding U. grad who busted open the sovereignty commission story as a Jackson, Miss., newspaper reporter.

We have at least three flicks on the agenda tomorrow. If you haven't checked in, here's lots of info in this week's Times.

Parking is easy. Great food truck court today at Sixth and Main, with everything from BBQ Frito pie to pad Thai.

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Partisan justice: Court candidate Wood gets tout from GOP's Curtis Coleman

Max Brantley — Sat, 18 May 2013 10:42:00 -0500

I've written here and in last week's column about the lingering taste of partisanship in supposedly non-partisan Arkansas judicial races, as exhibited recently by Court of Appeals Judge Rhonda Wood, who's expected to run for the Arkansas Supreme Court next year.

In that vein, check a YouTube of extremist Republican gubernatorial candidate Curtis Coleman talking of the need to build a "farm team" to elect the right sorts of people in three coming races for Supreme Court. He named one candidate he believed in — Rhonda Wood. "Solid and sound," Coleman said. A Coleman seal of approval is just about as big a disincentive to vote for Wood as I could imagine.

Speaking of Curtis Coleman: I learned this morning that some jokester had submitted a $1,000 pledge to Coleman's Institute for Constitutional Policy in my name. But then I was informed by a followup e-mail that the Institute was not currently accepting contributions. He's claimed it is a registered nonprofit, though it hasn't attained that official tax deductible status yet (giving him the chance to blame it all on the IRS, naturally). Good thing he's not registered yet. 501c3s are not supposed to engage in political advocacy, such as touting a candidate for Supreme Court. Or the Institute leader's own candidacy for governor.

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Pissaladiere, the acceptable early morning pizza

Michael Roberts — Sat, 18 May 2013 09:59:00 -0500

Mylo Coffee Company has become something of a legend at the various area farmers markets, with folks lined up well in advance of each market's opening for a cup of coffee and one of their many pastries. We've talked before about their kouign amann, the puff pastry delight that is normally the first to sell out, and I agree that it's one of the best things I've ever put in my mouth. But my tastes swing more to the savory rather than the sweet — and not surprisingly, Mylo has just the thing: the pissaladiere.

The pissaladiere has a storied history, arriving in France from Rome during the time when the Papacy was based in Avignon, surviving against all odds during the various reformations and revolutions to wind up on a fold-away table in Little Rock. The pastry is similar to pizza, only better in every way: instead of solid crust, the base of Mylo's dish is a thick layer of homemade phyllo dough, chewy and crisp all at once. Atop this luxurious base are caramelized onions, a thick layer of jam-like tomatoes, shredded cheese, and whole kalamata olives. The result is a buttery, tangy, slightly sweet and wonderfully salty dish that is one of the most perfect flavor profiles I've ever eaten. I've always been a fan of the morning-after slice of cold pizza — and the Mylo pissaladiere is like taking that idea to Michelin-star levels.

Because of local restrictions about selling prepared meat from a farmers market booth, Stephanos and Monica Mylonas have been forced to get creative with their dishes, including the pissaladiere, which traditionally includes anchovies. The couple is more than up to the task of changing their recipes to suit those guidelines, though, creating a host of vegetarian savory pastries that will suit the tooth of even the most dedicated carnivore. The Mylonas' sweets are popular, and rightfully so, but if you crave savory like I do, you'll find your perfect morning companion with this little square piece of cheesy, salty joy. It's become my go-to weekend breakfast — so if you all go out to try it, be sure to save me one.

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Practicing law with Bro. Rapert

Max Brantley — Sat, 18 May 2013 07:42:00 -0500

Sen. Jason Rapert, author of the patently unconstitutional bill to ban most abortions in Arkansas at the 12th week of pregnancy, took heart yesterday at Judge Susan Webber Wright's indication that she was inclined to uphold the part of the law that requires women seeking an abortion in the 12th week of pregnancy or later to have an ultrasound and to be shown the results of that test.

Bettina Brownstein, representing the ACLU, said she didn't think that portion of the law could be severed and kept intact because it was so intertwined with the purpose of the law, to ban abortions. It was noted that the law doesn't have a severability clause.

Bro. Rapert opined that a severability clause was automatic under Arkansas law. Given his generally poor practice as an attorney to date, I thought I'd check the fiddlin' preacher and found, shazam, he's found an acorn. From a manual of the National Conference of State Legislatures on statutory drafting rules of the various states:

Arkansas
6.1 APPLICABILITY.
(e) SEVERABILITY CLAUSE.
A severability clause provides that if a part of a law is declared invalid the remaining part stays in force. A general severability clause is not necessary, and should not be used. Arkansas Code § 1‐2‐117 states that the provisions of the Arkansas Code are severable, and Arkansas Code § 1‐2‐ 205 states:
“...The provisions of each and every act enacted by the General Assembly after July 24, 1973, are declared to be severable and, unless it is otherwise specifically provided in the particular act, the invalidity of any provision of that act shall not affect other provisions of the act which can be given effect without the invalid provision”.
(f) NON‐SEVERABILITY CLAUSE.
If the author does not want the provisions to be severable or does not want specific provisions to be severable, add a section declaring the provision to not be severable. Bills having a statement of non‐severability are rare.
Example:
SECTION 6. The provisions of this act are not severable, and if any provision of this act is declared invalid for any reason, then all provisions of this act shall also be invalid.

This does not fully resolve the question, but it is a strong leg for Rapert to stand on. Courts can rule against severability, however, and have done so. In the famous Malvern school choice case, a federal judge said it was impossible to sever the race-related bar to school transfers, held to be impermissible, from the rest of the act and struck the whole thing down. In that case, you can find the Arkansas Supreme Court guidance on severability.

The Arkansas Supreme Court looks to two considerations to determine severability: “(1) whether a single purpose is meant to be accomplished by the act, and (2) whether the sections of the act are interrelated and dependent upon each other.” In U.S. Term Limits, Inc. v. Hill, the Arkansas Supreme Court provided further guidance, stating “it is important whether the portion of the act remaining is complete in itself and capable of being executed wholly independent of that which was rejected.”

It is laughable, of course, that Jason Rapert would say he'd be happy to testify as to his intent that a part of the law be severable. It'd have no more weight than my aging French bulldog's testimony. Legislative intent in Arkansas is demonstrated solely by the words of the statute itself.

I'm afraid, however, there's a case for arguing that the mandatory ultrasound clause is capable of being executed independently, even if it was included only to create the standard for criminalizing an abortion, which it no longer can do.

A woman seeking an abortion has no need for an ultrasound test in that she plans to terminate the pregnancy. But anti-abortion forces like to require these tests for the emotional influence the test might bring to the decision. The Guttmacher Institute, while noting that an ultrasound is not medically necessary in the first trimester, says that eight states mandate an ultrasound for women seeking abortions.

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Remember Jon Hubbard? He hasn't mellowed

Max Brantley — Sat, 18 May 2013 07:10:00 -0500

Remember Jon Hubbard, the former Republican legislator from Jonesboro whose views proved too extreme for voters in 2012, though not for the Republican Party of Arkansas? (His self-published book included the observation that slavery had some positive benefits for black people.)

His fighting spirit continues, as evidenced in an op-ed this week in the Jonesboro Sun.

Why does he rage? That evil Barack Obama is why.

Perhaps the most valuable lesson I learned as a result of the 2012 election was that you cannot expect to win, or even survive, a political campaign when you are totally committed to playing by the rules when your opponent refuses to do so. The same is true when it comes to saving our nation from the clutches of an obsessed, liberal-socialist-globalist agenda.

A little more than four years ago, the people of this country sat quietly by as we were informed that America was no longer a Christian nation.

...A few weeks ago Barack Obama publicly called upon his god to “bless” the abortion providers he so proudly refers to as Planned Parenthood.

...When Obama was promoting the virtues of same-sex marriage, I couldn’t help but wonder where in the Holy Bible he found evidence to show that Jehovah God, the God of Abraham, Moses and Daniel, sanctified this abominable lifestyle?

...We are also now learning of the targeted attacks by Obama’s IRS Gestapo against not only tea party groups, but also against Jewish organizations.

...Obama has systematically gone about his primary objective to destroy America...

...There is no doubt that the Arkansas branch of the liberal-Democrat-socialist propaganda machine will come out in full force to try to discredit both this message and the messenger, but let’s not forget that Adolf Hitler also had his own well-oiled propaganda machine working around the clock to deceive and masquerade his true intentions of evil and world subjugation.

...Does America still have any chance of surviving Obama and his anti-American agenda? Of course we do, but only if those who really love this country are willing to come to her defense in this, her greatest hour of need!

If only the propaganda machine was as well-oiled as Hubbard imagines.

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Crisis at the NLRB

Max Brantley — Sat, 18 May 2013 06:59:00 -0500

If left to the Republican Party, there'd be no National Labor Relations Board to look after employee rights in the workplace. Republican opposition forced President Obama's appointment of members to the NLRB while the Senate was in recess, a process that courts have invalidated. The Senate may finally attempt to move on presidential nominations to the Board next week, but who knows. Without three members, the NLRB can't act.

Richard Trumka, leader of the AFL-CIO, has written an opinion piece on the NLRB battle, and is distributing it around the country co-signed by local labor leaders — here Alan Hughes of the Arkansas AFL-CIO.

It follows:

Crisis at the NLRB
By AFL-CIO President Richard Trumka and Arkansas AFL-CIO President Alan Hughes

Most people in Arkansas don’t even know what the National Labor Relations Board is. Well, why should they? Here’s why.

For decades, American labor law helped working people come together to have a voice on the job which in turn gave them a say in our economy and in our politics and public life. This freedom to organize, which is enshrined in the National Labor Relations Act (and, by the way in the United Nations Universal Declaration on Human Rights) helped produce the greatest period of sustained and broad prosperity in our country’s history.

Everyone did better.

Broadly shared prosperity is needed once again. In order to rebuild our economy and level the playing field for all working people — union and non-union — the law protecting workers’ rights must be enforced. That’s the role of the National Labor Relations Board — and it needs to work.

That doesn’t mean protecting the rights of working people as opposed to the rights of employers. It means ensuring the NLRB’s ability to promote commerce by governing the relationship between workers and employers.

The less the board works, the more America’s economy falls out of whack, as we see it today with record inequality and a shrinking middle class.

But currently the NLRB is under unprecedented attack by extremist Congressional Republicans and corporate lobbyists who want to weaken the board’s power to protect workers who choose to organize and form unions on the job.

While this issue may not grace the front page of every newspaper the effects are and will continue to be felt at home here in Arkansas and across the nation.

In the face of partisan obstruction threats in Washington, President Obama made three Board recess appointments. But an unprecedented and radical decision by conservative U.S. District Court judges has put these appointments in jeopardy.

To make matters worse, House Republicans are pushing legislation to further cripple the Board. Their so-called “Preventing Greater Uncertainty in Labor-Management Relations” Act (H.R. 1120), despite its name, would create more uncertainty and deprive workers of enforceable rights.

These attacks are causing real consequences in real people’s lives.

Marcus Hedger is just one of the many workers who has been denied justice because of the attack on the NLRB. Marcus was the Chief Steward for the union at Fort Dearborn Co. After the union rejected a company proposal Marcus was fired and told the company was tired of the “union circus”. The NLRB rules that the firing was illegal and ordered the company to rehire Marcus, but the company has refused because of the Noel Canning decision. Marcus recently lost his home to foreclosure because of the financial distress he faced after being unlawfully fired.

Marcus is hardly alone. Four years ago, Visions of Elk River a Minnesota school busing company illegally fired two drivers and three aides, who accompany special needs children, for trying to form a union. The firings were motivated by employees’ known involvement in past union activity. Let me be clear.

Without a functioning NLRB, these people were fired, not for doing something wrong, but for doing something that’s protected by law, by openly talking about forming a union or bargaining for a better life. And yet their lives have been thrown into turmoil, and they have no effective recourse.

Justice delayed is justice denied, and justice to working people is being seriously denied because of the instability being forced upon the NLRB.

President Obama has taken an important step towards restoring stability to our system of labor-management relations by nominating a full, bi-partisan package of nominees to the NLRB.

Arkansas’s working people can’t wait in limbo any longer.

Responsibility for providing needed stability and the functioning NLRB working people need and deserve is now up to the U.S. Senate. John Boozman, Mark Pryor and other members of the Senate should act quickly and confirm the President’s full slate of nominees.

###

Richard Trumka is president of the 12 million member AFL-CIO
Alan Hughes is president of the 30,000 member Arkansas AFL-CIO

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Food Feedback Friday: midnight snack edition

Daniel Walker — Fri, 17 May 2013 22:36:00 -0500

The daily grind got the best of me this week, so Food Feedback Friday is getting up rather late…just in time for your midnight snack. No biggie, the rules remain the same. Let us know what you’re eating, who’s really knocking it out of the park, and who’s falling flat. I’ve got the in-laws in town this weekend, which means fine dining is store for my wife and me. We’re thinking steaks…been too long since I’ve had a quality bone-in rib eye. Arthur’s or Sonny Williams have been the two we’re been considering most carefully.

Last week on Food Feedback Friday, Raven calls the zucchini salsa at Local Lime “one of the best salsas I’ve ever eaten,” but has some issues with the scant toppings from the pizza at Santa Lucia. Mordy ate some glorious sounding concoction dreamed up by the kitchen at White Water Tavern called “Thanksgiving in May” with turkey, cranberry sausage, cornbread stuffing, and mashed potatoes and gravy…as a sandwich. Kar had the chicken tenders from Slim Chickens and calls them “fresh, hot, and fantastic.” Hugh Mann had his “first go” at a sandwich from Hillcrest Artisan Meats and leaves satisfied, Kevin is underwhelmed by his pizza from Damgoode Pies, to which I say, join the club. Rooibos snagged a Reuben from the Capital Bar and Grill and says, “I’ve never had corned beef so tough.” That’s a shame. EY is pleased with the “huge short rib” from Acadia, and Joel checks out Leo’s Greek Castle under the new ownership, stating, “the hamburger was definitely an improvement from previous burgers there and the gyro platter as wondrous as ever.” You can read it all here.

Your turn folks, where ya’ grubbin’?

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The Injunction, Crazy Davy Comedy Hour Edition

Lindsey Millar — Fri, 17 May 2013 16:50:00 -0500

The first of what’s sure to be many legal challenges of new laws passed by the Arkansas General Assembly, Davy Carter opting not to run for governor, the environmental movements coalescing around the Mayflower oil spill cleanup and the factory hog farm in Mt. Judea in the Buffalo River watershed and bike lanes on South Main in Little Rock — all covered this week. Plus, Max endorses Barnhill strawberries (available at Kroger!) and Lindsey plugs the Little Rock Film Fest and the promise of Vine.

Stream on the jump.

Download.

Subscribe via iTunes (and give us a review, it helps people find out about the podcast).

[audio-1]

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Friday finish — An oldie but goodie for legislature? A rebuttal for Tom Cotton

Max Brantley — Fri, 17 May 2013 16:31:00 -0500

The line is open. Final thoughts:

* SCHOOL LEADER NAMED: Tom Kimbrell, the state Education director, has named Curtis Turner, superintendent at Eureka Springs, to take over leadership of the Mineral Springs School District. The state took control of the district yesterday because of fiscal woes. Turner has a long resume of school work, including in the fiscal distress unit of the state department.

* POLITICAL RUMOR: Stephen Smith of Fayetteville says he's been encouraged to make a run for state House of Representatives in 2014 for the seat currently held by Rep. Greg Leding. Heh. Smith was one of the rabble-rousing advisors to Bill Clinton during his first term as governor, a former state legislator with a record of some provocations, a UA prof and union rep, husband of former Fayetteville legislator Lindsley Smith and generally not exactly recalcitrant. Heh.

* DECONSTRUCTING TOM COTTON: Rep. Tom Cotton (R-Club for Growth) is right proud of the speech he gave on the floor of the House in support of the 37th or 99th vote by Republicans to repeal Obamacare (that very odious program that Arkansas Republicans just embraced for its money and benefits to Arkies.) It was a bravura performance in fundamental dishonesty, in that he seemd to want to paint the Democrats as Medicare cutters when he's on the fringe of the Paul Ryan Nutpack that would devastate the country's social safety net.

His performance was so galling to one supporter of Obamacare and of the man Cotton seems poised to attack in 2014, Sen. Mark Pryor, that he provided a line-by-line critique of Cotton's remarks. Recommended:

Cotton speech, with response in italics:

"Every time Cato the Elder spoke in the Roman senate he said: ‘Whatever the topic Carthage must be destroyed.' As long as Carthage survived the freedom and prosperity of the Roman people would never be secure. "As then with Carthage, so now with ‘Obamacare': as long as it remains on the books the health, prosperity, and freedom of the American people will never be secure.

Study by Rand Corp commissioned by state says will bring coverage to 400,000 Arkansans, prevent 2,300 deaths, and create 6,200 jobs in Arkansas.

"‘Obamacare' raided $700 billion from Medicare meaning seniors across Arkansas will have their health care rationed as doctors refuse to see any new Medicare patients.

The Affordable Care Act (ACA) made certain reductions in provider reimbursements in Medicare. Largely health providers agreed to accept these cuts with the understanding they would be treating fewer uninsured patients. When Tom Cotton voted for the House budget resolution, he also voted in favor of the same $700 billion in Medicare spending reductions included in the ACA.

"‘Obamacare' creates an unelected and unaccountable panel of bureaucrats to ration and deny needed medical care to Arkansas seniors.

The board he is referring to may be asked to make recommendations to improve Medicare solvency in the future if Congress fails in its responsibility to hold costs down. However the board is specifically “barred from changing Medicare’s benefits or increasing cost-sharing.”

ObamaCare will cause insurance premiums to skyrocket by as much as 60 to 100 percent for Arkansas families.

The often criticized study that produced this statistic was only looking at the “individual market,” which only provides health coverage to 5% of Arkansans. This is the market where insurers currently offer skimpy health care packages and deny coverage to those with pre-existing conditions. Income related subsidies will be available to the vast majority of Arkansans purchasing coverage in this market, and CBO says premiums for such individuals will be reduced by 56% to 59%.

"‘Obamacare' raises 21 taxes by more than $1 trillion will cost at least $1.7 trillion in the first decade alone. ObamaCare violates our freedom of conscience by using taxpayer dollars to fund abortions.
"‘Obamacare' is corrupt to its rotten core.

Not true. The last time CBO scored a bill to repeal the ACA, they said repeal would increase the deficit by $109 billion and the most recent vote is likely to have even higher costs. The House Republican Budget Tom Cotton voted for kept these tax increases in place. Arkansans will receive $850,000,000 in tax credits to help make health coverage more affordable according to the Rand Corporation study the state commissioned.

"The government exempted hundreds of the president's cronies from the law.

Simply not true. Such exemptions have not been granted.

The secretary of Health and Human Services is right now shaking down private companies for millions of dollars to promote ‘Obamacare.'

She has had phone conversations in a private capacity urging insurers to fund non-profit groups that will be helping people sign up for health coverage.

And, of course, the IRS - expanded by 2,000 agents - will be the main enforcement agency for ‘Obamacare'; the very IRS that we now know targets the president's political opponents for harassment and intimidation.

Much of the new IRS staffing is actually to deliver the tax credits that will help families purchase coverage.

"‘Obamacare' must be repealed.

"I urge the Congress to repeal this abominable law. And, I urge the American people to throw out of office every politician that voted for it three years ago."

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LaToya Hobbs at Hearne Fine Art

Leslie Newell Peacock — Fri, 17 May 2013 15:37:00 -0500

Hearne Fine Art,1001 Wright Ave., is hosting a reception from 5-8 p.m. tonight for "Beautiful Uprising," an exhibition of woodcuts by Little Rock artist LaToya Hobbs. Hobbs will give a gallery talk Saturday at 11 a.m. and a panel discussion, "Relevance of HAIR," at 1:30 p.m. tomorrow afternoon.

From Hobbs' artist statement:

My work is an investigation of the point where the notions of race, identity, and beauty intersect concerning women of African descent. In this exploration, women, those with whom I have personal and virtual interactions, play a role that is paramount, making them the source of my inspiration and an integral part of my creative process.

Hobbs receives her MFA degree from Purdue this month.

The exhibition continues at Hearne through June 8.

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Galusha, Krannichfeld, Thornhill at M2 Gallery

Leslie Newell Peacock — Fri, 17 May 2013 15:27:00 -0500

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Davy Carter: 'I don’t know if the Republican party in a primary is willing to elect a guy like me'

David Ramsey — Fri, 17 May 2013 15:16:00 -0500

House Speaker Davy Carter is not running for governor, which took a significant amount of sizzle out of his speech at the Political Animals Club today (Carter himself told reporters “I had to give a different speech than I had planned”). Carter was loose and funny — he opened with a Letterman-style Top Ten Reasons I’m Not Running For Governor. Best entries: “#10 Do not want anyone to find out that I’m the ghostwriter of Nate Bell’s twitter account” and “#2 Gov. Beebe and I are secretly working with Johnny Allison, the federal government, Michael Moore, George Clooney, and the former KGB to take our conspiracy tour around the other 49 states to secretly implement Obamacare under this clever and disguised name of the ‘private option.’”

Carter has improved as a public speaker pretty dramatically over the course of the last five months and he would be a formidable candidate in a general election. On nearly every issue he has voted as a standard Arkansas Republican, but he has a knack for non-substantive, stylistic appeals to the center (publicly cussing former Rep. Jon Hubbard, tussling with Sen. Bryan King, reprimanding Rep. Nate Bell, urging a focus on bread-and-butter economic issues rather than hot-button social issues). Today's speech was no exception, with a call for "more elected officials from the middle and less from the fringe."

I suspect there are a good number of center-right voters that pulled the lever for Beebe in general elections that would find Carter appealing. The problem is getting to the general, and Carter acknowledged that he would have had a tough road in a Republican primary. That was one factor in his decision, he said.

Talking to consultants on how things would need to be done in the traditional way to win a Republican primary...I’m who I am. I don’t know if the Republican party in a primary is willing to elect a guy like me. I don’t know. Certainly I thought about all that.

The main substance of his speech today, by the way, was devoted to political process issues. Carter expressed strong disapproval of term limits and support for the idea of an open primary system — no division by parties, top two finishers move to the general. Of course, whatever the merits of those ideas, let us note the obvious: they would be a boon to the political future of one Davy Carter.

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Two judges disciplined for courtroom behavior

Max Brantley — Fri, 17 May 2013 15:13:00 -0500

The State Judicial Discipline and Disability Commission today announced disciplinary actions against two judges for unethical behavior.

* CIRCUIT JUDGE GERALD KENT CROW of Berryville was reprimanded and censured. In a drug and a DWI case the judge mounted his own investigation of some facts of the cases, though neither the state nor defense had requested it. He also was found to have retaliated against Public Defender Beau Allen, attorney in one of the cases, for filing a complaint against the judge with the Judicial Commission.
The censure, a more serious punishment, was for the retaliation against Allen.The commission's order said Crow got consideration for admitting to ethical missteps. He was directed to review his docket for possible conflicts with others, refrain from issuing orders in which his employees or families are parties, not have ex parte communications, not step outside the ordinany judicial role and "endeavor to cooperate with other prosecuting attorneys and defense attorneys to the extent that you can, while maintaining decorum and dignity in your courtroom." He also was instructed to refrain from threatening lawyers with turning them into the Committee on Professional Conduct.

* DISTRICT JUDGE ROBERT BATTON of Jacksonville was reprimanded for a heated exchange with a frequent court defendant who became obstreperous. Batton accused the defendant, who is black, of being a racist toward white people. When the man left Batton's courtroom, the judge remarked: "There goes another angry black man." Batton said he knew the statements weren't right or proper but he expressed a "desire to vindicate to those in the court that he is not prejudiced against blacks." He was reprimanded as an appropriate sanction because of his "willingness to accept that your actions were in violation of the code and your commitment to be more aware of the issues listed above in the future....."

The particulars can all be found here.

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Faulkner jury awards $5.2 million in nursing home negligence case

Max Brantley — Fri, 17 May 2013 14:34:00 -0500

A Faulkner County jury returned a unanimous verdict last night that the Greenbrier Nursing and Rehabilitation Center had been negligent in treatment of Martha Bull, 76, who died at the nursing home April 7, 2008 after staff failed to act on a doctor's orders to get her transferred to a hospital emergency room for treatment of severe abdominal pain.

It set damages for pain, suffering and mental anguish at $5.2 million, according to Bull's attorney, Thomas Buchanan of Little Rock. He said representatives of the nursing home had told him a Faulkner jury would never award more than $500,000 in the case. Circuit Judge Mike Maggio presided.

Buchanan expects an appeal. And even an unsuccessful appeal will likely be only the beginning of a long road toward collection, if any. The nursing home is controlled by Central Arkansas Nursing Centers, a private company headed by Michael Morton of Fort Smith. Buchanan said the individual nursing homes are organized as freestanding limited liability corporations, with licenses separate from physical property and small liability insurance policies through a self-insurance-style program based in Bermuda. It is not unusual in Arkansas for nursing homes to be set up this way and to contend they've spent all their liability coverage in legal defense — $100,000 in this case. Buchanan, who said he faced six defense lawyers, said he'd attempt to "pierce the corporate veil" to show a relationship between the nursing home and other parts of the company with assets to collect the judgment.

Lyn Pruitt, who led the defense team, said she couldn't comment on the outcome because of a judge's directive on a pending post-trial issue.

Buchanan said the jury found the nursing home guilty of negligence, medical malpractice and violation of resident's rights, but it did not specifically find that the nursing home caused Bull's death. New legislation from the 2013 legislation, sponsored by Sen. Jonathan Dismang, will make it impossible to sue a nursing home except for medical reasons, not for multiple causes of action. In this case, Buchanan said, the jury awarded damages only under one area for pain, suffering and mental anguish, it wasn't multiplied by the multiple types of culpability.

The case was brought by Bull's two daughters, Rose Perkins and Rhonda Coppak, on behalf of her estate and the beneficiaries.

Buchanan's account of the facts: Bull was admitted to the nursing home March 28, 2008 for 30 days of rehabilitation after a stroke. During the night of April 6, 2008 she said she was in severe pain, sweating and unable to have a bowel movement. Nothing was done. The next shift, she continued to complain. A physician was called at 2:20 p.m. April 7. He sent an order to have her transferred to an emergency room for evaulation in light of a history of stroke and abdominal abscess. The director of nursing received the fax at 3:34 p.m., but was leaving for the day. The nursing director sent it by fax to a new fax in a closet of the nursing home wing in which Bull lived. No one saw it. Bull wasn't sent to the emergency room. She screamed throughout the afternoon, so loudly that residents on other halls complained. She was found dead at 10:20 p.m. April 7. The faxed physician's order was found the next day.

No autopsy was performed. Buchanan said that the nursing home, after fighting the case without relent since it was filed four years ago, admitted in the early stage of the trial, which began May 7, that a mistake was made. But it presented testimony that it wasn't clear what caused Bull's death.

Buchanan said that the nursing home admission of a mistake came only after the trial began. If sincere, it should have done so long ago, expressed regret and demonstrated sincerity by trying to make things right, he said.

Meanwhile, in the legislature and perhaps at the ballot in 2014, the business community will continues to endeavor to make it harder than it already is to collect for pain and suffering of elderly people who are victims of nursing home negligence.

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Angela Davis Johnson at Gallery 360

Leslie Newell Peacock — Fri, 17 May 2013 13:19:00 -0500

Gallery 360 will host a reception from 6-10 p.m. tonight for Angela Davis Johnson and her exhibition of mixed media works "Kinfolk," described as a "visual narrative" that starts with the image above.

Gallery 360 is at 900 S. Rodney Parham. The show will remain on exhibit through June.

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Judge Wright issues injunction against abortion law

Max Brantley — Fri, 17 May 2013 12:04:00 -0500

Federal Judge Susan Webber Wright has issued a preliminary injunction against enforcement of the new Arkansas law that was meant to bar most abortions at the 12th week of pregnancy. She ruled from the bench after about two hours of hearings.

The law is suspended while the lawsuit by abortion providers, brought by the ACLU and the Center for Reproductive Rights, is tried, but the judge made clear that, based on evidence so far, the state was likely to lose its defense of the law.

The awarding of an injunction is a strong signal of how the case is likely to turn out because one standard is the likelihood of prevailing on the merits.

Sen. Jason Rapert, sponsor of the legislation, was on hand to caterwaul about the murderers and baby killers and plot his next round of talking points on Twitter. The lawyers whose hours will be paid by the state of Arkansas talked to reporters afterward, too. A spokesman for the attorney general had no comment on whether there'd be an appeal of the injunction.

The bill was passed over the veto of Gov. Mike Beebe, a lawyer who can read Supreme Court precedent. Judge Wright noted the precedents in her ruling and the likelihood that the law was unconstitutional. Evidence to the contrary: Jason Rapert says abortions ought to stop. Happily, I don't think he'll qualify as expert testimony.

And why did the judge think the law likely to be unconstitutional in the end? She said: "I believe the plaintiffs established this because the Supreme Court has consistently used viability as a standard with respect to any law that regulates abortion."

Leslie Peacock reports that the judge raised a question about the portion of the law that requires an ultrasound and a report to a woman about the results of that test. She asked whether that portion of the law could be severed from the abortion ban itself and said she was inclined to preserve it. Bettina Brownstein, attorney for the ACLU, objected to severing that portion of the law. The judge said she could submit a brief on the question. The idea about severability was raised in a proposed friend of the court brief submitted by an Arkansas anti-abortion group.

The state argued that the plaintiffs couldn't prove there were woman outside the exceptions allowed by the law who'd want an abortion after 12 weeks but before viability. The judge noted that the state's own data show that a significant number of abortions are performed during that period.

The judge dismissed the state's effort to use a 2007 partial-birth abortion ban case as an avenue to expand a ban before fetal viability. She said that case was about a procedure used post-viability. She sympathized with the tortured arguments raised by the attorney general's office. "I know you're in a tough position," she said.

It really is that simple. As I wrote this morning.

A news release from the Center for Reproductive Rights follows on the jump.

For the case books, the case is styled:

LOUIS JERRY EDWARDS, M.D., on
behalf of himself and his patients, ET
AL.
Plaintiffs
V.
JOSEPH M. BECK, M.D., President of
the Arkansas State Medical Board, and
his successors in office, in their official
capacities, ET AL

Video blogger Joseph Birdsong teaches you about Arkansas

David Koon — Fri, 17 May 2013 11:26:14 -0500

Arkansas is full of talented people, and we ran across yet another one of them last night: the thoroughly-hilarious writer and video blogger Joseph Birdsong. In the video seen above, Birdsong, who was born in Arkansas, schools out-of-staters on some skewed facts about the Natural State, including: "People in Arkansas are born with the ability to recognize 30 different kinds of roadkill based on scent alone," and "The first gay person to ever come to Arkansas was George Takei, and that was because he was forced here to live in an Arkansas Japanese internment camp during World War II." Just remember, he's laughing WITH us, not AT us. Okay, he's laughing AT us as well, but a great sense of humor covers a multitude of sins.

If you're looking for a good laugh, you can check out almost 200 of Birdsong's quirky videos on his Youtube site, cupofjoeshow.com. He's also got a site where he blogs, a very funny Twitter account. and a video blog for My Damn Channel's Answerly page where he talks about sex and relationships.

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Republicans hit Pryor on IRS union contribution

Max Brantley — Fri, 17 May 2013 11:23:00 -0500

Easy score. Arkansas Republican Party says U.S. Sen. Mark Pryor should return political contributions he's received from the union that represents Treasury Department employees, which include IRS workers.

How can he hold the IRS accountable as a recipient of $11,000, the GOP asks.

This is fair game, but it can be played without cease against every candidate that takes contributions, meaning all of them.

How will Rep. Tom Cotton hold big business in America accountable when he's a wholly owned subsidiary of the Club for Growth?

How will a congressman whose treasury is stuffed with defense contractor money hold them accountable?

The money always carries a taint. Today, it's the IRS (if, of course, you also first presume every single IRS employee is corrupt, including, presumably, the inspector general who produced the report highlighting mismanagement in the agency.) The politicians who got elected with the help of stealth 501c4 money (most of them Republicans) can't be viewed as too likely to insist on proper enforcement of tax laws on these groups, can they now?

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