69th Colorado General Assembly Open Thread
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“Juan-A-Be The Luchador” Organizes Opening Day Pro-Gun Rally
WEDNESDAY UPDATE: Today’s pro-gun rally didn’t live up to the intimidating Facebook bluster, but there were nonetheless a few striking moments, as forwarded to us:
FOX 31’s Eli Stokols reports:
After vowing online to brandish weapons to strike fear into the hearts of politicians contemplating gun control, the group of gun owners who attended a rally near the Capitol Wednesday let their signs and Gadsden flags do most of the talking.
While some admitted they were carrying concealed weapons, protesters were passionate but controlled as they stood alongside Lincoln Avenue across from the Capitol where the legislature opened earlier in the morning.
“This is about freedom, this is about being an American,” said Karen Murray, of Parker.
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It’s been our pleasure a few times now to acquaint our readers with Edgar Antillon–as featured in our 2010 “Crooks and Criminals” tour, the former legislative candidate in Colorado House District 35 also known as “Juan-A-Be The Luchador.”
Presenting The Scott Gessler Legal Defense Fund!
UPDATE: The Colorado Independent’s John Tomasic with more IEC coverage:
The travel expenses charged by Gessler come from attendance at the Republican Party convention in Florida and to a Republican National Lawyers Association meeting this past summer. Gessler was not a delegate to the Republican convention, a fact confirmed for the Independent by Spokesman for the state Republican Party Justin Miller. On his reimbursement forms, Gessler said he was conducting state business.
Peg Perl, staff counsel at Ethics Watch, told the Independent it was gratifying to see the commission stay focused on the substance of the case.
“We’re happy the commission members are taking their responsibility seriously,” she said in a phone interview. “They voted unanimously that this complaint was not frivolous when they took it up and they decided unanimously today to investigate it on the merits. Gessler’s attorneys cast aspersions on Ethics Watch, calling our motives into question, and they attacked the way the Ethics Commission conducts business. But the fact remains that these are questionable transactions with public funds and Coloradans have a right to know what happened.”
Perl added that the complaint filed by her organization was based on published news reports and documents from the secretary of state’s office obtained through an Open Records Act request. She said the commission will have greater investigative power to look into the spending through its subpoena powers.
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It’s been a long time coming, reports the Fort Collins Coloradoan’s Patrick Malone:
Colorado’s Independent Ethics Commission on Monday denied Secretary of State Scott Gessler’s request to end its investigation of his use of public funds. Gessler’s deputy, in turn, asked the commission for permission to accept monetary donations outside of the constitutional gift limit to defend him against criminal allegations.
Democratically aligned Colorado Ethics Watch filed complaints against Gessler with the Independent Ethics Commission and the Denver district attorney’s office over his use of public funds to pay for part of a trip in August to Florida where Gessler attended a GOP lawyers’ function and the Republican National Convention.
Colorado Ethics Watch also asked the ethics commission and prosecutors to investigate Gessler’s acceptance of personal payments to empty the balance of his office’s discretionary fund.
Malone reports that embattled Colorado Secretary of State Scott Gessler’s three high-powered defense lawyers, David Lane, Robert Bruce, and Michael Davis, are being paid by the state to defend Gessler in the Independent Ethics Commission proceedings against him. Not so with Denver District Attorney Mitch Morrissey’s criminal investigation of Gessler over essentially the same dubious reimbursements, and cleaning out his discretionary account of remaining funds. In a criminal case, even related to his duties, Gessler has to pick up the tab for his own legal defense–unless he can carve out a fresh loophole in Amendment 41:
In the request for an advisory opinion from the ethics commission, Deputy Secretary of State Suzanne Staiert advocates allowing donations to a legal defense fund for Gessler. In the document, Staiert argues that political rivals can financially harm public officials whose policies they oppose.
She states that donors to the fund would not curry the influence of a public official, because the public official would not directly benefit from the donations that are paid to his lawyers.
We would be more sympathetic to Gessler’s plight, recognizing that legal harassment is at least hypothetically possible against public officials. Unlike most frivolous legal harassment, though, this isn’t getting dismissed out of hand. In fact, the IEC has decided that the case has merit. That’s not proof of guilt, of course, but citizens must pay for their own criminal defense in most cases–even when they are eventually found not guilty. A criminal investigation (and prosecution, if any) has a much higher standard than, say, a frivolous civil lawsuit. Is Gessler implying that the Denver DA is a “political rival” seeking to “financially harm” him?
Also, it’s not like we’re talking about a policy issue or consequential official action being defended. Although related to his office, the underlying charge boils down to essentially misuse of funds–whatever descriptive term you want to use for that, we’ve heard several.
Either way, how would a donation to Gessler’s legal defense fund not be of “direct benefit” to Gessler, when the alternative is him paying out of pocket? And how then would that be permissible under Amendment 41? That would be awfully hard to swallow even if the circumstances surrounding this alleged malfeasance did inspire much sympathy.
Which, if you haven’t been paying attention, they don’t.
Hickenlooper, Colorado House Announce High-Tech Grant Legislation
More focus on economic development announced today from the incoming Democratic-controlled Colorado House, Gov. John Hickenlooper, and even some cooperative Republicans. As FOX 31’s Eli Stokols reports this afternoon after a press conference:
The legislation, introduced at the Capitol Monday by Gov. John Hickenlooper and a bipartisan group of lawmakers, supports the state’s advanced industries, which include bioscience, aerospace, electronics and information technology with grants ranging from $150,000 for research and development to $500,000 for infrastructure funding.
The governor’s Office of Economic Development and International Trade would manage the grant program.
Incoming Democratic House Speaker Mark Ferrandino, D-Denver, called the proposal, dubbed the Advanced Industries Accelerator Act, a “strategic investment in economic development.”
Supporters of the bill say they want to take advantage of the research institutions and federal labs in Colorado to spur collaboration with private-sector funders.
Stokols reports the Democratic sponsor will be Rep. Dave Young, and Republican Rep. Cheri Gerou will co-sponsor. With this bill, both the incoming Democratic-led House and Senate have announced clean “jobs and economy” legislation as their lead-off agenda items.
Given the inevitably high profile of civil unions, and other bills whose passage was made a certainty by the GOP’s loss of the House, making jobs the first big push is a smart idea.
Colorado Pols Passes 500,000 Comments
Another milestone in this blog’s history was reached today, after longtime reader dukeco1 posted the 500,000th comment to Colorado Pols. That’s half a million, for those of us who have trouble with so many zeros. Thanks once again to our entire community for making this the most read and discussed political blog in Colorado. It wouldn’t be without you.
And for posting comment #500,000, dukeco1 wins a free lifetime supply of keystrokes at Colorado Pols!
Gordon Files 2014 Secretary of State Bid; Nicolais For AG?
UPDATE: GOP attorney Mario Nicolais responds that it was “a fun thought to mull over,” but he will not be running for Attorney General in 2014.
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Late last month, for Colorado Sen. Ken Gordon filed to run in 2014 for Colorado Secretary of State–against incumbent Scott Gessler, or another Republican in the entirely plausible event Gessler decides not to run again. Gordon ran for Secretary of State in 2006, losing to Mike Coffman by a fairly narrow margin. Gordon is not the only Democrat feeling out a possible run for SoS in 2014, however, another name making the rounds being CU Regent Joe Neguse.
In other campaign scuttlebutt, we’ve heard that Republican attorney Mario Nicolais, of reapportionment and Coloradans for Freedom fame, is looking at a run for Attorney General in 2014 to replace the term-limited incumbent John Suthers. After Suthers’ strident activism from his office against things like marriage equality, the avowedly pro-civil unions Nicolais would be an interesting curveball–and potentially quite controversial in a GOP primary.
Doug Lamborn To Hurricane Sandy Victims: Screw You, I’ve Got Mine
SUNDAY UPDATE: With the exception of FOX 31’s Eli Stokols we’ve seen very little local coverage of this story, but the South Jersey Courier-Post was paying attention:
What do these lawmakers believe, that the Northeast shouldn’t see any federal aid at all? That now, in the wake of a disaster, is the time to wipe out the federal flood insurance program?
And these 67 are likely to be joined by others on Jan. 15 when the House is scheduled to vote on the bulk of the aid needed in New Jersey, New York and Connecticut.
Many of these same House members who voted “no” Friday have previously sought federal aid for their states or voted to support federal aid for neighboring states hit by natural disaster.
Take U.S. Rep. Doug Lamborn, R-Colo. He voted against the funding Friday. He also signed onto a letter last year asking President Barack Obama for extra FEMA aid for homeowners following a canyon fire in his state that destroyed 350 residences. [Pols emphasis]
The hypocrisy of some of these lawmakers in Washington who believe they’re so principled and righteous is astounding.
There’s not a word about Lamborn’s vote against Hurricane Sandy relief in the Colorado Springs Gazette, or any local television with the exception of Denver’s FOX 31. The Colorado Springs Independent had a brief story Friday. In contrast with Lamborn’s showy request for FEMA aid last summer, the lack of local outrage over this vote, while being condemned in the harsh terms you see above by Hurricane Sandy’s victims, amounts to a second embarrassment.
We are better neighbors than this.
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If this report from FOX 31’s Eli Stokols doesn’t infuriate you, you’re not paying attention:
Under strong pressure from New York and New Jersey elected officials, the House of Representatives Friday passed a $9.7 billion federal aid package for victims of Hurricane Sandy…
At least one of the 67 conservative Republicans who opposed the bill is just months removed from seeing a natural disaster devastate his own district.
That would be Rep. Doug Lamborn of Colorado Springs, where the Waldo Canyon Fire last June destroyed close to 350 homes and led to $352.6 million in insurance claims. [Pols emphasis]
Following that fire, Lamborn signed onto a letter along with the other members of the Colorado congressional delegation asking the White House for additional FEMA disaster relief.
Two months earlier, Lamborn had actually introduced his own legislation aimed at limiting executive disaster declarations and federal dollars they free up.
We don’t know anyone who has even attempted to rationalize the actions of Rep. Doug Lamborn last year, who after seeking to limit President Barack Obama’s “politically motivated” disaster declarations, did an about-face after the devastating Waldo Canyon fire, requesting immediate aid, and even riding with Obama on Air Force One when the President toured the disaster area. Despite the jaw-dropping hypocrisy on display, we had thought maybe there was a possibility he had at least learned a lesson coming out of it.
He did not.
“I’ve worked with Congressman Lamborn on a number of important initiatives for his district, but I haven’t had a chance to talk to him about his vote,” [Sen. Mark] Udall said. “We’ve long had a history and tradition in our Congress of supporting other regions of the country that experience natural disasters. Why? Because the next…natural disaster is coming to your state.” [Pols emphasis]
In the past, we have been obliged to note that Lamborn is, objectively and nonpartisanly speaking, an embarrassment to the state of Colorado. This is definitely one of those times.
Hickenlooper Announces Big “Obamacare” Medicaid Expansion
A press release from Gov. John Hickenlooper’s office today:
Gov. John Hickenlooper announced plans today to save more than $280 million in Medicaid spending over 10 years, permitting the prudent expansion of coverage in Colorado. Projections show the savings, existing provider fee structure and other health-related revenues will more than cover the cost of the expansion.
“We worked diligently over the past several months to find savings in order to expand coverage,” Hickenlooper said. “Not one dollar from the state’s general fund will be used for this expansion, even in 2017 when the federal government begins to reduce its share.”
The new coverage levels are authorized by the federal Affordable Care Act and will expand Medicaid coverage to Coloradans earning up to 133 percent of the Federal Poverty Level (FPL) beginning on Jan. 1, 2014.
The AP via CBS4 adds context:
At least 14 states and Washington, D.C., already have indicated they would try to expand Medicaid, a signature goal of the new health care law. Governors in nine states have said they won’t participate. A Supreme Court ruling last summer made the Medicaid expansion voluntary for states, rather than mandatory.
The Medicaid overhaul is one of the two main ways the federal health law expands coverage to most of the 50 million uninsured U.S. residents.
Here’s a statement from the Colorado Consumer Health Initiative:
We applaud Governor Hickenlooper for supporting the extension of quality, affordable healthcare to 160,000 uninsured Coloradans through Medicaid. This is a crucial investment in the economic security of our state. We look forward to working with the administration to plan the new Medicaid program this year and implement it next year because all Coloradans should be able to get the health coverage they need, when they need it.
And the Colorado Hospital Association:
CHA commends Gov. Hickenlooper for his decision to support Medicaid expansion under the provisions of the ACA. Strengthening and expanding Medicaid will lead to improved physical and economic health for all of Colorado. More than 161,000 Coloradans will now be eligible for health care coverage through Medicaid. That means thousands of Colorado families will have access to the primary and preventative care, early diagnoses and treatment they need in order to live healthier and higher quality lives.
The expansion of Medicaid to cover some 160,000 more uninsured Coloradans is mostly financed, at least in the short term, through the Affordable Care Act a.k.a. “Obamacare,” through 2017 when the state’s share of the cost will gradually increase to 10%. Even then, Hickenlooper says the savings his administration is finding in the system, the hospital Medicaid provider fee passed in 2009, and other changes should account for the expenditure. This will help hospitals struggling to care for uninsured patients, and help all the rest of us who pick up part of those costs, in addition to increasing affordable access to health care.
And again, more people with health coverage means a healthier population generally. If you think about that every time a stranger coughs in your personal space, for example, it should be easy to understand how expanding access to care helps everybody. Somewhere in there that becomes good for the economy, too, a point not lost on Colorado’s pro-business Governor.
One thing we haven’t seen yet is objections from the GOP minority, but no doubt they are coming. Hickenlooper doesn’t need legislative approval for this expansion, which he claims will not impact the general fund, but that’s unlikely to stop Sen. Greg Brophy from complaining about all the extra money poor people will have for air conditioning and lottery tickets now.
Gardner, Coffman Promise More, Bigger Showdowns With Obama
You know, because they have so much leverage and all. FOX 31’s Eli Stokols reports:
“People think this was a big fight over the fiscal cliff,” Rep. Mike Coffman, R-Aurora, told FOX31 Denver Wednesday. “It wasn’t. The big fight is coming up.”
Coffman, like a majority of his House GOP colleagues, voted against the Taxpayer Relief Act of 2012 on Tuesday night.
“I don’t think going over the fiscal cliff would have been a huge deal,” he continued. “Temporarily, the markets would have been aggravated until the next Congress could have passed new tax cuts and ironed things out.
“But the real big deal is what’s upon us and going past the debt limit. I have to see a way out of this, real spending cuts, before I vote to raise the debt limit.”
Rep. Cory Gardner, R-Yuma, and most House Republicans, are in the same boat, promising not to raise the $16.4 trillion debt ceiling until they can force Obama to agree to deep spending cuts for entitlement programs like Medicare and Social Security.
It’s easy to see, given the intransigence from Republicans over even the reduced scale two-month deal passed this week, why President Barack Obama wanted to get a much larger “grand bargain” for the purpose of getting past this agonizing and mostly unproductive debate. Now, the country faces another manufactured fiscal crisis in only two month’s time–and although the administration was able to stave off Medicare and Social Security cuts this time, there’s potentially less negotiating leverage now to do that again.
The upshot in this for Democrats, of course, is the continuing and overwhelming public opposition to making cuts to Social Security and Medicare. After all the drama of the last few weeks, it’s going to come as a rude shock to many Americans two months from now when they discover that Republicans are once again trying to cut these popular institutions. As we’ve said repeatedly, the zeal to do so, and the unvarnished way the demands for cuts to Medicare and Social Security are made by today’s GOP, make very little political sense to us.
Likewise, we’re hearing more grumbling from the left about Sen. Michael Bennet’s very splashy vote against the “fiscal cliff” compromise, one of only eight Senators (and three Democrats) to do so. It’s worth noting, as we did, that liberal Sen. Tom Harkin of Iowa also voted against the bill, but for objections he very clearly articulated regarding the higher limit on income remaining covered by the Bush tax cuts. Nobody disputes that Harkin voted “no” because he thought this was a bad deal for the middle class. And nobody’s really dwelling on Harkin’s vote.
Not so for Bennet, whose “no” vote has received a great deal of press attention. Part of that is because of his status as incoming head of the Democratic Senatorial Campaign Committee, but in Bennet’s statement and subsequent interviews, he has given no indication why he opposed the deal other than it “does not put in place a real process to reduce the debt.”
As a number of local press stories have pointed out today, that’s what the GOP says too.
The lack of nuance, or even some lip service to the idea of preserving popular institutions in the context of “reducing the debt,” probably do call for a fuller explanation of where Bennet stands. Knowing what we know about Bennet, we think he can explain this vote in a way that assuages liberal Democrats, and reaffirms the party’s message on the recent battle. In the absence of that, however, Bennet arguably muddies an otherwise clear distinction, and gives the GOP a bit of at least rhetorical comfort. The head of the DSCC can and should make his point better.
House GOP Pulls a Tancredo on Hurricane Sandy Relief
UPDATE #2: Under fire, Speaker John Boehner and Majority Leader Eric Cantor release a statement promising a quick vote on Hurricane Sandy relief…later:
“Getting critical aid to the victims of Hurricane Sandy should be the first priority in the new Congress, and that was reaffirmed today with members of the New York and New Jersey delegations. The House will vote Friday to direct needed resources to the National Flood Insurance Program. And on January 15th, the first full legislative day of the 113th Congress, the House will consider the remaining supplemental request for the victims of Hurricane Sandy.”
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UPDATE: A blistering joint statement hammering House Republicans from Govs. Andrew Cuomo (D) of New York and Chris Christie (R) of New Jersey:
“With all that New York and New Jersey and our millions of residents and small businesses have suffered and endured, this continued inaction and indifference by the House of Representatives is inexcusable,” the governors said. “It has now been 66 days since Hurricane Sandy hit and 27 days since President Obama put forth a responsible aid proposal that passed with a bipartisan vote in the Senate while the House has failed to even bring it to the floor. This failure to come to the aid of Americans following a severe and devastating natural disaster is unprecedented.”
“The fact that days continue to go by while people suffer, families are out of their homes, and men and women remain jobless and struggling during these harsh winter months is a dereliction of duty. When American citizens are in need we come to their aid. That tradition was abandoned in the House last night.”
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USA TODAY, as we’ll explain:
House Speaker John Boehner of Ohio indicated late Tuesday the 112th Congress would end its term without voting on federal emergency aid for victims of Superstorm Sandy.
“The speaker is committed to getting this bill passed this month,” Boehner’s spokesman, Brendan Buck, said in an email…
“I think it’s unprecedented for the United States Congress to walk away from a natural disaster,” [GOP Rep. Peter] King said, adding that he was not given a reason for the postponement. “This to me is just walking away from responsibility.”
King and Republican Rep. Michael Grimm of Staten Island, who represents some of the hardest-hit neighborhoods, joined Democrats at an impromptu news conference to publicly plead for Boehner to reconsider.
Grimm described himself as “somewhat in disbelief and almost ashamed,” adding that he’s “not proud” of the decision his party has made.
Back in 2005, then-Rep. Tom Tancredo became the only member of the Colorado delegation, and one of only 11 representatives in the House to vote against the bill funding assistance for Hurricane Katrina victims. It’s a pattern we observed last year, when House Republicans led by Rep. Eric Cantor demanded cuts to offset emergency funding in the wake of Hurricane Irene. Here at home, we’ve got Rep. Doug Lamborn, who eagerly badmouths President Barack Obama’s “politicized” disaster declarations…until he needs one himself.
Each time this happens, we marvel at the political cluelessness on display–perhaps a popular move with a small percentage of, you know, heartless people, it’s a terrible attitude with which to win over soccer moms. In this case, Speaker John Boehner says he wants the bill to come to a vote, while conservative House members decry its “pork,” thinly concealing what appears to be a temper tantrum over the totally unrelated “fiscal cliff” compromise passed last night.
So ends the 112th Republican Congress.