TAXPAYERS ARE PAYING THE DOUCEUR!

 Weekly Opinion Editorial

JUDICIAL REFORM!

by Steve Fair

    

 

     Oklahoma has the distinction of having the political scandal resulting in more indictments of elected officials in American history.  In 1980, 220 county commissioners and suppliers were convicted for their involvement in a scheme of kickbacks paid on orders for county road-building supplies, like timber and gravel.  The scandal reached 60 of the 77 counties and the graft had been going on for as long as anyone could remember.  The federal government was the chief agents in exposing and cleaning up the corruption.  But wait- Oklahoma has many scandals. 

     There have been a number of other improprieties by public officials in the Sooner state.  In 1965, three Oklahoma Supreme Court justices were convicted of federal tax evasion charges for accepting bribes to decide cases over a twenty-year period.  Justices N.S. Corn, Samuel Welch, and Napoleon Johnson either resigned or were impeached after it was exposed their decisions could be brought.  Once again, the feds exposed it, not state officials.

     After the bribery scandal, then Governor Dewey Bartlett, (R-Tulsa) pushed for judicial reform.  With the Democrat led legislature’s cooperation, two state questions were drafted and placed on the July 1967 ballot.  Oklahoma voters approved, by a narrow margin (52-48), two state questions (#447 & #448) amending the State Constitution and creating the Oklahoma Court on the Judiciary.    

     The two state questions abolished elected justices of the peace, the county court system, and special courts (replacing them with 77 district courts).  It created the Oklahoma Judicial Nominating Commission (JNC), replacing judicial elections with a retention system.  Appellate justices and judges are appointed by the governor from a list of three finalists provided by the JNC.  Once appointed, they face the retention ballot every six years.  Since Oklahoma went to the retention ballot system, no justice or judge has been removed.  Must be because they are doing such a stellar job.  But that could be changing…

     This election cycle, conservative think tank Oklahoma Council of Public Affairs (OCPA) has targeted three justices on the November retention ballot to dump.  Citing the justice’s inconsistency in rulings and overturning of conservative legislation, OCPA calls for Oklahoma voters to make history and kick the trio to the curb.  A ‘dark money’ group, allegedly associated with OCPA, has spent around $250,000 in broadcast media ads urging voters to not retain the three.  There is an opposing group planning to mount a campaign to keep the justices.  Expect the ‘battle of TV ads’ to be coming to your home soon.  Three observations:

     First, Oklahoma needs true judicial reform.  The current system wasn’t overwhelmingly popular when it was approved back in 1967.  Fifty-seven years ago, critics of #447 & #448 feared there would be no accountability for judges if they were not directly elected.  Their fear has been realized.  Lifetime appointments and a confusing retention ballot system has resulted in an activist judiciary in Oklahoma.

     Second, liberals control Oklahoma’s appellate courts.  That is because the JNC is loaded with liberals.  Many members of the commission may have an “R” behind their name, but their values are not conservative.  The JNC’s recommended appointees have made recent rulings not based on the state constitution, but on their personal value system.  The JNC system may have removed bribery from getting a favorable ruling, but it hasn’t removed unfair rulings.

     Third, the judiciary should be fair and impartial.  The Oklahoma Code of Judiciary Conduct says those two components are ‘indispensable to our system of justice.’  Justices and judges are to be independent, competent and trustworthy.  The current system’s ‘unintended consequences,’ have been legislating from the bench and no accountability to the public.

     Oklahoma voters can send a powerful message in November.  By removing three liberal justices, they can tell the legislature to reform the judiciary system in Oklahoma. 

     Sadly, not much has changed since the 60s- justices/judges are still making rulings favoring their liberal friends, but now the taxpayers are paying the douceur.

U.S. taxpayers fund ALL FEMA programs!

 Weekly Opinion Editorial

FEMA IS A DISASTER!

by Steve Fair

    The Federal Emergency Management Agency (FEMA) was created in 1978 during the Carter administration by executive order (EO).   After FEMA’s creation Congress expanded its scope of authority.  FEMA handles dam safety, disaster assistance, earthquake monitoring, and procuring medical supplies during a pandemic, in addition of a dozen other functions.  FEMA’s motto is, “A Nation Prepared.”

     After 9/11, Congress created the Department of Homeland Security (DHS).  FEMA was absorbed into the new cabinet level agency, along with 21 other federal agencies.  The FEMA director reports directly to the Secretary of Homeland Security.  President George W. Bush appointed Oklahoman Michael D. Brown as FEMA director.    Brown warned the absorption into DHS of FEMA would ‘sever FEMA from its core functions.’   DHS’s priority was and remains counter terrorism, not disaster relief.  Brown’s 2003 prophecy came true when Hurricane Katrina hit Louisiana in 2005.   FEMA’s response to the hurricane was late and unorganized.  Brown was forced to resign, but the lack of training of FEMA personnel and DHS’s deemphasis of FEMA’s core function was the real issue.  FEMA has around 3,000 full time employees. 

     FEMA, along with the U.S. Customs and Border Protection (CBP), administers the Shelter and Services Program (SSP), a federal grant program that gives money to illegal immigrants.  President Trump has claimed FEMA’s slow response in North Carolina is due to FEMA being out of money because they gave the money to illegals.  FEMA responded by adding a ‘rumor’ tab on their website.  They say they have money and the SSP and disaster relief are not connected.  They say the appropriated monies for two separate programs and are earmarked and can’t be used for any other purpose.  Three observations:

     First, FEMA is a disaster.  Since its creation, it has been a joke. Prior to FEMA’s creation, the federal government responded to disasters in a variety of ways.  More than a hundred times in 150 years, Congress passed ad hoc legislation for relief or compensation after a natural disaster.  They let local authorities administer the monies.  FEMA has evolved into a bureaucratic nightmare.  Billions of tax payer dollars are wasted and fraud runs rampart.  Brown’s prognosis the agencies core mission would be compromised has come to past.  The agency has morphed into a social services behemoth and response to natural disasters has become secondary. 

     Second, the money comes out of the same bucket.  Shelter and Services and Disaster Relief may be earmarked, but bureaucrats are only interested in not co-mingling monies when it is convenient.  U.S. taxpayers are funding both programs. Taxpayers expect FEMA to be more interested in helping their fellow U.S. citizens displaced by a hurricane and flooding than getting an illegal immigrant a hotel room like the local Marriott.

     Third, the president controls FEMA response.  The costs of a disaster to a state or local government can escalate quickly.  Federal assistance becomes fully available with the approval of the president and at the request of the state’s governor.  North Carolina Democratic Governor Roy Cooper declared 25 of the state’s 100 counties disaster areas after the hurricane swept across the western half of the state.  Cooper has praised President Biden and the federal response.  But residents in the Tar Heel state affected by the disaster haven’t been as complimentary.   Rumors of activated National Guard troops and volunteers being hindered, blocked and thwarted by FEMA abound.  Once again, FEMA has failed to ‘manage’ a national emergency and the Biden/Harris administration controls FEMA.

     After Trump’s remarks regarding FEMA’s lack of response, the liberal media went into ‘fact checking’ mode.  Not surprisingly, they found Trump’s comments inaccurate and FEMA’s response to be stellar.   Who fact checks these so-called fact checkers?  Today’s mainstream ‘fact checkers’ appear to be biased, one-sided, partisans editorializing under the guise of journalism.  Americans aren’t fooled- they recognize their fellow citizens in North Carolina need help and the feds aren’t providing it.  [S1] 

     At a news conference in 1986, President Ronald Reagan said, “the nine most terrifying words in the English language are: “I’m from the government and I’m here to help.” Truer words were never spoken.