Winks and nods

The special redistricting session taking place in Baton Rouge this week is going just about as poorly as we thought it would. Because the legislature is dominated by the Republicans, we already know they are going to have their way with this process. It's possible the Governor could weigh in a bit. But notice that Republicans have already fired a warning shot at him. That's what last week's exercise in pretending to care about the Ronald Greene case was all about.  Someone really does need to hold the John Bel accountable for what is clearly a cover-up. But Republican leadership won't do that... unless he provokes them.

So it's basically a foregone conclusion that the Republicans are going to maintain the current number of majority-minority Congressional districts. It's also a foregone conclusion that the maps for the state House and Senate as well the PSC, Supreme Court and BESE will also maintain the status quo to the greatest extent possible. (Although there are a few instances where petty scores may be settled along the way.) 

This is all very depressing because redistricting is actually pretty important. This is the democratic infrastructure we're going to have to struggle under for the next decade. It would be great if there was any hope of making that not terrible somehow. But the numbers in the legislature are what they are and there's not much to be done about it now besides watch and complain. Next comes another several cycles of Democrats losing elections and turning around to blame people for not voting hard enough.

There's an outside chance that somebody could sue. Although, that chance seems more and more fleeting every time the Supreme Court takes another hack at what's left of the Voting Rights Act. But, just to keep their bases covered, the Republican leadership has retained legal counsel anyway. We're not sure who is paying for that.... or even who the lawfirm's actual clients are in the first place. Do they work for the Republicans or for the legislature as a whole? We do know who they are. 

BakerHostetler has worked in states around the country on political redistricting and election litigation, and it has earned a reputation for defending Republicans against voting rights lawsuits. One of its attorneys, Mark Braden, was general counsel to the Republican National Committee for a decade. 

Cortez and House Speaker Clay Schexnayder, R-Gonzales, said the firm was not chosen for its work with Republicans, but because of its experience and expertise. Kate McKnight, the BakerHostetler attorney Hewitt said she spoke with about her map, was on a redistricting panel last summer organized by the nonpartisan National Conference of State Legislatures.

“It was the [law firm] that was best suited to our state, whether it was Republican or Democrat,”  Schexnayder said in an interview Sunday.

Yesterday, some of the Democratic legislators tried to get answers about the nature of the firm's contract during debate on the Senate floor.  It's still murky.  Page Cortez says the firm has been "hired for litigation purposes in the two lawsuits that have been filed against the state of Louisiana,” referring to redistricting challenges already underway. But if the state is the client it should be easy to determine how the firm is being paid and how much.  But Cortez also insists that "zero public money" has been spent on this. The Illuminator also reports that it is seeking public records on any public contacts with BakerHostetler but that might also prove difficult because these lawyers know how to keep their email voices down.

McKnight, the lawyer that Hewitt consulted, has advised state legislators, in general, to avoid a paper trail when it comes to redistricting, according to an article on the National Council of State Legislatures website.

“I will always talk about email hygiene. Please,” McKnight told lawmakers from around the country last summer. “If you can meet with someone in person, do that. If you can’t do that, call them. If you absolutely must, send them an email (that says): ‘Call me.’”

This, no doubt, will trigger most observers into reciting their favorite Earl Long quote that all Louisiana schoolchildren are required to learn by rote. 

"Don't write anything you can phone. Don't phone anything you can talk. Don't talk anything you can whisper. Don't whisper anything you can smile. Don't smile anything you can nod. Don't nod anything you can wink.​"

What did John Bel know and when did he know it?

And now the fun begins.

Louisiana House Speaker Clay Schexnayder, R-Gonzales, described a recent Associated Press report which revealed that Gov. John Bel Edwards knew about the violent, fatal arrest of a Black man by Louisiana State Police long before the details of the arrest went public “greatly disturbing.” 

Schexnayder said in a written statement that he had talked to Senate President Page Cortez, R-Lafayette, and Attorney General Jeff Landry over the weekend about the report on Edwards, though he didn’t say what the three Republicans might do in response.

Instead, he alluded to a possible legislative investigation or impeachment, saying the Legislature was fully prepared to use its authority to serve as “check and balance to other branches.”

“What happened to Ronald Greene is inexcusable and should never happen to anyone. His family and the citizens of this state deserve to know the truth,” Schexnayder said.

“It’s time to find out who knew what – and when – and hold them accountable,” he said.

Of course, Schexnayder, Cortez and Landry are all pandering hypocrites who have zero interest in preventing police violence or even, I would venture to say, justice for the Greene family.  But the interesting thing about this will be the response from the various Democrats and JBE allies around the state who, in rallying around the Governor, will find themselves on the side of our racist and murderous state police and, by extension, the racist and murderous criminal justice system overall.

Not that most of them will have much of a problem with that.  After all the general consensus among our elite politicos of either party is very much in favor of more unaccountable police violence and a more violent and brutal system of legal punishment overall.  It makes little difference whether that position is arrived at through white supremacy or through an individualist belief that poverty is a personal shame deserving of its consequences, or through fealty to the oligarch class interested in keeping workers disciplined.  It all leads everyone who is anyone in politics and media to just about the same place. 

And so if these Republicans end up going hard after John Bel, the battle lines on either side will be about partisanship rather than anything resembling a moral principle.  Either way, don't expect any of it to alter the regime of state violence most of us are subjected to in Louisiana. 

"If any"

Page Cortez sure sounds fired up about taking steps to deal with our out of control State Police force next spring.  That is, "if any" need to be taken.  They might just wait and see what the Superintendent can find out about that first.

Senate President Page Cortez, R-Lafayette, named the committee of four Republicans and three Democrats with a goal of delivering a report by Oct. 31. Foil said he hopes to get a report ready prior to the Legislature returning in March of its regular legislative session.

“The creation of this oversight committee came about at the request of Senate members in order to find out what the agency has learned over the last few years, what they have done to change their policies and what, if any, bills that may need to be filed in the upcoming session in order to improve our agency,” Cortez said.

Davis said he started with a top-to-bottom review conducted internally. He discontinued that review and went to find outside analysts to oversee the report. He hopes to sign the contract early next year and have a definitive report before the end of 2022.

Yeah that report might take a while. I mean.. there's a lot to review. 

An AP review of internal investigative records and newly obtained videos identified at least a dozen cases over the past decade in which Louisiana State Police troopers or their bosses ignored or concealed evidence of beatings, deflected blame and impeded efforts to root out misconduct.

AP's review — coming amid a widening federal investigation into state police misconduct — found troopers have made a habit of turning off or muting body cameras during pursuits. When footage is recorded, the agency routinely refuses to release it. And a recently retired supervisor who oversaw a particularly violent clique of troopers told internal investigators this year that it was his "common practice" to rubber-stamp officers' use-of-force reports without reviewing body-camera video.

In some cases, troopers omitted uses of force such as blows to the head from official reports, and in others troopers sought to justify their actions by claiming suspects were violent, resisting or escaping, all of which were contradicted by video footage.

"Hyper-aggressiveness is winked upon and nodded and allowed to go on," said Andrew Scott, a former Boca Raton, Florida, police chief and use-of-force expert who reviewed videos obtained by AP. "It's very clear that the agency accepts that type of behavior."

So okay we'll wait until all that gets sorted to see "if any bills need to be filed."   OR Davis also floated this idea instead. 

With 924 troopers on staff, Davis said he needs 200 more to decrease the amount of work individuals have to do. “We are expecting them to do more with less,” he said.

Because sure maybe what we've got right now is a 1000 strong armed death squad acting with what appears to be complete impunity. But, hear me out, what if we had 200 more of them?

The state budget is not yet busted

Some quick notes on what's being reported from the Revenue Estimating Conference today. The projection they adopted expects the overall budget to shrink by about $223 million this year. BUT there are multiple caveats and what-ifs that will determine the eventual impact on services. 

The REC is itself a politically contentious process.  Its purpose is to set an initial framework for the Governor's budget proposal before the legislative session begins.  After that, lawmakers can figure out how to find more money if they want or just move everything around. But this is where they come up with the number that sets the starting point.  But that starting point isn't an absolute truth ordained from the heavens. It's something that gets argued over by the committee. The result of that isn't so much as an agreement on the most reasonable forecast as much as it is an agreement to stop arguing.

The four-member Revenue Estimating Conference, made up of (JBE's Commissioner of Administration Jay) Dardenne, (Senate President Page) Cortez, independent economist Stephen Barnes, and House Speaker Clay Schexnayder, picked the less rosy of the two available forecasts.

Manfred Dix, an economist for the governor’s administration, forecasted a drop of only $35 million in the state general fund for the upcoming fiscal year, citing what he sees as a quicker recovery as vaccinations ramp up.

Dardenne initially moved to recognize Dix’s forecast, saying the panel would meet again in two months to revise its forecast. President-elect Joe Biden’s administration is also expected to push for aid to state and local governments now that he has Democratic control in Congress.

The panel’s independent economist, Barnes, sided with Dardenne, but Cortez and Schexnayder refused, with Cortez saying the panel should proceed cautiously with so many unknowns. Instead, all four agreed to the more conservative estimate, with Dardenne saying he wanted to avoid going without a revenue forecast, something that had thrown the budget process into chaos amid previous disagreements.

So the REC number is important. But remember not to take it too seriously. Predicting the future is, after all, always more of an art than a science. For example, it says here that state sales tax revenues during the pandemic weren't quite as bad most people expected.  Also there's a fair amount federal money already allocated for Louisiana that hasn't been factored in yet simply because the rules for spending it haven't been established. 

However, the $292 million in higher-than-expected tax collections this year could be used to help cover some of next year’s expenses. In addition, Louisiana is receiving new federal aid passed by Congress in December, some of which could help offset state budget cuts next year. Louisiana and other states still are awaiting federal guidance on what strings exist on the latest assistance.

And, of course, no one expects that to be the end of the federal aid. We could end up being disappointed about the eventual size of it. But right now there are reasons to be optimistic that the next stimulus package could include real fiscal help for the states. Even Cortez thinks so. 

Once President-elect Joe Biden takes office, Congress could also put even more federal funding relief on the table — and that could also affect how large any state budget cuts would need to be.

“We fully expect to get more stimulus dollars,” said Senate President Page Cortez, R-Lafayette, a member of the Revenue Estimating Conference.

Cortez said he does worry any money coming from the federal government after Biden becomes president might not arrive in time to help prop up the state budget. Congress still has to negotiate the new package and the legislature often finishes Louisiana’s budget in June, right before it takes effect in July.

It's hard to know whether or not Page is joking there.  If the last few years have taught us anything it is that this legislature is not worried in the least bit about fiscal deadlines. 

The upshot is the pandemic fiscal doom is not yet upon us. Which is an important thing to remember when Republicans start talking about belt tightening during the session this year.  They are still in charge of deciding whether or not you have to suffer in order to protect the petro-bosses who fund pretty much all of them.  There are better choices, though. 

Oh also be sure and check out this FB event hosted by the LA Budget Project. Looks like they will be talking about a lot of this stuff.

Just let them make a YouTube channel

You really have to hand it to the legislature for bringing the grifter energy to this emergency special session it has called.  Ostensibly, they are there to deal with the COVID emergency and the consequences of expiring benefits and a dwindling unemployment insurance trust fund.  But they're taking the opportunity to also run through a stack of tax breaks for businesses, including and especially oil and gas, to further de-fund public education and various other schemes. Always good to get em in there when nobody is paying attention. 

Even the marquee item on the agenda isn't quite what it seems.  They sound like they are saying they are there to shut down the Governor's emergency order because freedom and democracy or something. 

The push to give lawmakers a say in coronavirus rules started taking shape. Republican lawmakers are circulating petitions to end the emergency health declaration that underlies a sheaf of directives to lessen the spread of the deadly COVID-19, but also have led to widespread shutdowns of business activities and unprecedented unemployment. GOP legislators – including Senate President Page Cortez and House Speaker Clay Schexnayder – want to give the Legislature a seat at the table in emergency powers. 

"The Legislature is a co-equal branch of government ... and we should have a seat at the table," Cortez said.

But, as we've already found out, those petitions are difficult to complete. In part, this is because potential signatories have trouble coming up with specific aspects of the response they would want to do differently. 

Asked what specific components of Edwards' coronavirus restrictions he objects to, Cortez said merely that lawmakers want a "seat at the table." Republicans have railed against a host of the rules, including restrictions on bars and restaurants and visits to nursing homes.

They just want a seat at the table.  They don't actually want to do anything from that seat, though. As Karlin points out in this article (and then highlights again in a tweet thread) this bill would actually make cancelling the emergency order more difficult by adding the requirement of a second petition.  

So it turns out these Republicans, despite holding super-majority status in the state legislature, really just wanted a platform from which they can be seen complaining.  It's nice to be heard, I guess.

Can't wait to see what they come up with

Expiring benefits and the diminishing reserves of Louisiana's unemployment trust fund is a pretty big problem in the middle of a pandemic-induced depression.  It's not the only problem but it is a big one. So the legislature is going to try and solve it. 

That's what they're trying to solve, right?  Or is it something else? 

Senate President Page Cortez, R-Lafayette, said while the 70-item list of items in the call is "expansive," lawmakers wanted to give themselves plenty of flexibility.

House Speaker Clay Schexnayder, R-Gonzales, pointedly said a significant number of House members believe the governor's rules to combat the virus represent "an imbalance of power."

"This special session will not end without a solution to this problem," Schexnayder said Monday.

Edwards said the state Constitution clearly invests him with the authority to take steps during a public health emergency and he has no intention of surrendering it. "I don't think they are going to be successful in doing that," he said.

When in doubt, everybody yell at the Governor. 

The 70-item session call is here.  The phrase "during an emergency or disaster" comes up in several contexts where it looks like we may be making excuses to sidestep health and safety or environmental regulation, or just fast track money they haven't been able to steal yet.  There is an item in there about classifying workers as employees or "independent contractors." Wonder what that's about.

There's a bunch of stuff that seems like it might could wait until the next regular session. They want to tinker around with public school funding.   There is an item about "licenses and fees." Several items look like they are tied to specific pet projects including "surplus property in Jackson Parish," and "certain contracts involving state parks," among others. There is one that mentions the hotel/motel tax in Jefferson Parish for some reason.

A few items look like they might affect governmental transparency. And, of course, there are the usual  tax cuts for businesses and for oil and gas production. 

There aren't any bills filed yet, but... yeah.. can't wait to see what they come up with. 

John Schroder's Road Home to nowhere

Look, if you have a small business that you are trying to keep afloat through all of this mess, by all means, go ahead and apply for one of these grants. I'm sure it will end up helping a few people. How many it helps is up for debate, though. Particularly in comparison to what that money might have done if it had remained available for local governments in need of help recovering from COVID induced budget problems.

And, of course, we also have to compare it with how much John might allow to be stolen. 

Though many of the legislators are concerned about fraud, Schroder said he wouldn’t be able to stop all of it.

“I am not going to design a program that puts so much red tape on the 90% just to stop the 10% bad actors,” Schroder said, adding that it’s important to be careful but not too cumbersome.

“Are we going to stop all the fraud, Mr. President? No. But we’ll do our best,” Schroder said.

Just so we're clear here. This is the same John Schroder who ran this campaign ad.



See that guy seems pretty tough.  It's strange to see him turn around and take such a relaxed attitude toward this project.  Why would that happen, one wonders.

Accountant Joel Robideaux, a former state legislator and Lafayette Parish president, and Baton Rouge attorney Jason DeCuir, who has been heading the Legislature’s Louisiana Economic Recovery Task Force since April, have teamed up to bid on a contract to administer the $300 million in federal pandemic relief money the Legislature has set aside for small businesses.

State Treasurer John Schroder’s office is technically in charge of the small business program, which is due to start up July 4, but is farming out its day-to-day operations, which include vetting applications and deciding which small businesses qualify for grants under the program.

Earlier this month, Schroder issued a request for qualifications. Several were submitted, his spokesperson confirms, though she was unable to make them immediately available before this afternoon’s publication.

Robideaux, however, confirms he and DeCuir are among those seeking the contract, which could be worth up to $15 million, or 5% of the total $300 million, which is coming from the federal CARES Act pandemic relief package.

It was just four days ago we were asking whose friends were about to start pulling down some of this money the Republicans looted from the CARES allocation.   Sometimes you get your answers pretty fast.

Robideaux, besides being a former elected official, is a known personal friend of current Senate President Page Cortez and owns property with him, according to records from the Louisiana Secretary of State’s Office of Corporations.

Cortez’s Cortez Management LLC and Robideaux are the officers in an entity called Bluebird Heaven LLC.

DeCuir, meanwhile, was tapped earlier this spring to spearhead a legislative committee convened to craft a legislative agenda to help the state recover economically from the coronavirus shutdown. The committee has focused on a largely pro-business agenda and has pushed to get more money into the hands of small businesses.

Looks like the party isn't quite over yet.