Commentary: A Trial Without Witnesses Is Not A Trial
MichaelLeppert.com
“Going through the motions†is an idiom that describes political functions these days about as well as anything. We see it all the time, often not even aware that the town hall meeting or the listening tour is just a show. Truly deliberative processes are hard to find in the political environment of today. I’m not convinced it is any harder than it used to be, but I’m getting there.
The idiom is defined in the Cambridge Dictionary as “to do something without believing it is important.†Good examples of it are the child who is brushing her teeth just because mom says. Showing up at Catholic mass on Sunday, standing, sitting and kneeling on cue without hearing a word of the service or, heaven forbid, actually praying, comes to mind also.
Or holding a trial in the U.S. Senate for an impeached president. That’s a new classic.
“The Senate shall have the sole power to try all impeachments†is written in Article I of the U.S. Constitution. There’s a touch of additional guidance about it in our founding document, but not much. And that kind of intensely broad and vague instruction almost invites the Senate of today to go through the motions when called on by the House to do its duty. So, that’s probably what we should have always expected.
But even going through the motions requires a thing or two. On Thursday, all of the members of the Senate were sworn in as jurors for the impeachment trial of President Donald Trump. The Constitution says “when sitting for that purpose, they shall be on oath or affirmation.†Thank goodness they swore impartiality or objectivity, or maybe they were secretly swearing to simply show up. Oh sure, the oath is specific, but when going through the motions, no one else really knows what each individual Senator might have actually and secretly promised to do. I wonder if any of them had their fingers crossed behind their backs.
It is a pretty tough exercise for the Senate to pretend its following its obligation to try this impeachment without calling any witnesses.
The Senate has had 15 impeachment trials in our country’s history. Thirteen of those trials were for federal judges. The other two were for Presidents Andrew Johnson and Bill Clinton. Every one of those trials had witnesses appear. That’s right. Every single one of them.
In Johnson’s impeachment, 41 witnesses were called. I know that was a different time. Maybe that was the golden age of going through the motions. But we have heard plenty of rhetoric in recent weeks about how the Trump impeachment should mirror the Clinton one. Even though the outcome of the Clinton impeachment was as predictable as Trump’s appears to be, three witnesses were called. And while Clinton was ultimately acquitted, I don’t think there was much doubt left in America about what occurred with Monica Lewinsky. She was one of the witnesses.
Based on what I believe should be presented to the Senate, President Trump should be convicted and removed from office. I would waver a bit if his defenders were adamantly claiming that what most believe he has done simply did not happen. But they aren’t claiming that. They are almost entirely claiming that what he has done is actually OK.
Trials are pretty good at establishing the fact. In 1999, facts were ultimately established that Bill Clinton had sexual relations with Lewinsky, and lied about it under oath. People were mad about it. I was one of them. And the decision was made that he should not be removed from office for it. That was a tough call at the time.
The question on the table of the Senate this time isn’t.
If your son or daughter doesn’t want to brush their teeth before bedtime, but really wants you to think they did, what do they do? They run some water on the toothbrush and put it up, just in case the toothbrush police investigate. If they are particularly creative, they might spill a little toothpaste on the bathroom sink.
This Senate process will begin in earnest next week and it seems the most important thing to Senate Majority Leader Mitch McConnell is to keep an actual trial from ensuing, leading to the establishment of inconvenient facts. It is an odd approach in the body formerly known as “the world’s most deliberative.â€
The Senate should at least try to convince us that it brushed its teeth. Even going through the motions takes a little bit of effort.
FOOTNOTE: Michael Leppert is a public and governmental affairs consultant in Indianapolis and writes his thoughts about politics, government and anything else that strikes him at MichaelLeppert.com.
Over 30 Florida Local Governments Sue State, Seek Ability To Regulate Firearms
To some, like Carey Baker, the 2nd Amendment is something worth passionately defending.
“It applies just as much today as it did over 200 years ago,” Baker said. “The right to bear and keep those firearms — that should never change. It truly is based on an individual’s right to self-defense. If you have the right to defend yourself, your family, your country, you should have the means to do it.”
Carey Baker, co-owner of A.W. Peterson Gun Shop in Mount Dora, Florida.
By Baker’s own admission, he’s a bit biased. He co-owns A.W. Peterson Gun Shop in Mount Dora, Fla., which has been in business since the 19th century.
But in the wake of tragedies such as the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Fla., where 17 people were killed, there are some in Florida seeking to regulate aspects of the 2nd amendment with the same vigor that Baker uses to defend it.
A growing number of cities in Florida are suing the state to challenge a 2011 amendment that inflicts steep penalties on local governments that choose to pass gun-regulating ordinances.
The amendment enforces Florida Statute 790.33, which was implemented in 1987 and states that the power to regulate firearms belongs solely to the state. Prior to 2011, the law was difficult to enforce.
Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
But the 2011 amendment imposed steep consequences to anyone who, in a “knowing and willful” manner, broke the law, with penalties including a $5,000 fine or removal from office. While embraced by some cities, particularly conservative-leaning ones, other municipalities are fiercely fighting the law in the courts.
“What they did in 2011 was took this one step too far,” said Nikki Fried, Commissioner of the Florida Department of Agriculture, which is responsible for approving concealed carry permits in the state.
Nikki Fried, Commissioner of the Florida Department of Agriculture (Photo courtesy of Nikki Fried’s office).
Fried by no means considers herself to be “anti-gun” and admits herself to owning firearms. Yet, the commissioner has been outspokenly against the tough penalties the law imposes. About 30 municipalities, three counties and more than 70 elected officials have filed suit against the state challening the amendment. After assuming office in 2019, Fried has since joined them.
A circuit court judge declared the penalties were unconstitutional, but the state has appealed the ruling to Florida’s First District Court of Appeal. Florida Gov. Ron DeSantis, Attorney General Ashley Moody, and Law Enforcement Commissioner Rick Swearingen are all listed as appellants in a 54-page brief submitted in December of 2019.
While the lawsuits challenge only the penalties imposed by the law, Fried believes local officials should have the ability to propose what she calls “common sense” gun-regulating ordinances. Since local officials, in her eyes, govern closer to the people they represent, she believes they are well-suited to make laws that benefit their constituents.
“Our local governments should have the power to see a problem that’s in their community…and act,” said Fried. “And if that’s the case, then they’re doing their jobs.”
That argument, however, does not sit well with Marion Hammer, the former president of the NRA and a current gun-rights lobbyist in Florida.
Marion Hammer, former President of the National Rifle Association and a current gun-rights lobbyist in Florida.
“Being close to people has no bearing on whether or not you can impose your personal political preferences on people,” Hammer said.
Hammer, who said she’s been defending the 2nd Amendment in Florida since 1974, claims decades ago the state had a medley of gun laws, many of which she considered to be unconstitutional. Following the introduction of Florida Statute 790.33, Hammer claims some cities submitted to the state’s authority but others did not. She said the steep penalties implemented in 2011 put an end to “bad behavior.”
“When you willfully and knowingly violate the law,” she said, “we call those people criminals.”
Plus, she said, uniform gun laws benefit everyone.
“In a mobile society, people have no way of knowing what ordinance they may violate when they’re traveling or cross a city or county line,” said Hammer. “It is critically important that in a state, you have uniformity of gun laws.”
Hammer fears that if local governments put their own gun regulations on the books, a gun owner could, in theory, be a law-abiding citizen in one region, hop in his or her car and become a law-breaking citizen just down the road.
Daniel Stermer, Mayor of the City of Weston (Photo courtesy of the City of Weston).
But local officials challenging the law said they should have the ability to enforce their own rules when it comes to public safety.
Daniel Stermer, the mayor of Weston, Fla., which is named principally in the lawsuit, said he’s prepared to face the consequences if the amendment holds up in court.
“If the provisions stand, I’m prepared to have the governor remove me,” he said. “I’m OKÂ with that. I’m prepared to walk this through the judicial process.”
Weston is less than 25 miles away from Parkland and Marjory Stoneman Douglas High School. He said the need to tighten the laws in South Florida is critical.
“Immediately after [the shooting at Marjory Stoneman Douglas High School], it became an immediate groundswell from residents,” claimed Stermer. “Asking us, ‘am I safe in my schools, in my parks, in my government buildings?’ And I had to give them an honest answer, that ‘I can’t give you a complete answer because we can’t do anything about it.'”
Stermer views the issue as less about the 2nd Amendment and more about property rights, and his hope is that the courts will rule in their favor and allow him to regulate what goes on inside the public facilities he and the city of Weston oversee.
Raúl Valdés-Fauli, Mayor of Coral Gables, Florida (Photo courtesy of the City of Coral Gables).
Raúl Valdés-Fauli, the mayor of Coral Gables, which borders Miami, said he should have the authority to ban the sale of “assault weapons” in his city.
“People should have guns, pistols, revolvers in their home for their protection if they feel it’s necessary. But, assault weapons do not belong in a municipality,” said Valdés-Fauli. “Assault weapons are for purposes of war powers.”
Photo of Florida’s First District Court of Appeal, which must now decide if the penalties associated with Florida’s preemptive firearm law are constitutional or not.
Valdés-Fauli said the penalties added in 2011 are excessive.
“I think that’s wrong, and for the legislature to usurp our powers of governing our local residents is wrong. Very wrong,” said Valdés-Fauli. “I think it should be in the power of the municipal government, which governs closest to the people.”
Todd Lickliter Named New Head Men’s Basketball Coach At UE
Aces Add Former National Coach Of The Year
EVANSVILLE, Ind. – The University of Evansville has announced the hiring of former National Coach of the Year Todd Lickliter as head coach of the Purple Aces men’s basketball team. Lickliter inked a multiyear deal with the university and will assume the position immediately. He will be on the sideline when the Aces face Drake on Wednesday evening.
“My family and I are excited to have the opportunity to rejoin the Evansville community,†Lickliter said. “I am humbled by the chance to lead the Purple Aces program and thankful to reunite with this outstanding group of student-athletes. It is a privilege to be a part of a program with a rich history and tradition.â€
Lickliter is familiar with the Evansville program and players after spending the 2018-19 season as an assistant coach. He took an active role in coaching a young Aces squad last season. Facing a great deal of turnover while assisting the staff in the implementation of a new system, Lickliter helped guide Evansville to the best record for a first-year staff since 1978. The Aces began Missouri Valley Conference play with a double-overtime win against Drake before earning their most decisive win of the season when they defeated defending Final Four participant Loyola by a 67-48 final at the Ford Center.
As the head coach at Butler University from 2001 through 2007, Lickliter brought record-breaking success to the Bulldog program. In his first season at the helm, he directed the team to a then-school record of 26 victories and its third Horizon League regular-season championship in a row. His squad also reached the Associated Press Top 25 for the first time in 53 years. Lickliter’s success only got better as he led Butler to a pair of Sweet 16 appearances in 2003 and 2007. In 2007, his team fell to eventual National Champion Florida by just eight points.
Over his first two seasons at the helm of the Bulldog squad, Lickliter won a total of 53 games. It marked the third-most wins in NCAA history by a men’s head coach in the first two years of work, trailing only Bill Guthridge (58 wins) of North Carolina and NC State’s Everett Case, who posted 55 wins.
His top honor came in 2007 as he was named the National Association of Basketball Coaches (NABC) National Coach of the Year. CollegeHoops.net named him as the High-Major Coach of the Year that same season. He left the program with the top three single-season win totals in school history. Lickliter became the head coach at the University of Iowa in 2007 and led the program at Marian University in 2012. In his second season with the Knights, he led them to the most conference wins in school history along with the #1 scoring defense in NAIA Division II. After leaving Marian, he joined the Boston Celtics as a scout.
Prior to assuming the head coaching position at Butler, Lickliter worked two stints as an assistant at Butler while serving as an assistant coach at Eastern Michigan from 1997-99. In his initial period at Butler, Lickliter worked with his college coach – Joe Sexson for the 1988-89 campaign and returned to the program from 1999 through 2001, working with Barry Collier and Thad Matta. At EMU, he assisted on the 1998 team that won the Mid-American Conference Championship behind future NBA star Earl Boykins.
The 1979 graduate of Butler University is a native of Indianapolis, where he played for his father Arlan at North Central High School. He played one season at Central Florida before transferring to Butler. Todd and wife Joez have three sons – Ry, Garrett, and John.
“I would like to thank President Christopher M. Pietruszkiewicz, Mark Spencer and the administration at the University of Evansville for the opportunity to coach these young men. We will strive to uphold the Aces rich tradition and bring pride to the UE community,†Lickliter added.
EPA Announces Enforcement Actions to Protect Drinking Water at Eight Federal Facilities
The U.S. Environmental Protection Agency (EPA) announced that it issued eight Safe Drinking Water Act (SDWA) enforcement orders to federal facilities in Fiscal Year 2019. The SDWA enforcement orders were issued to ensure public health protection through compliance with federal drinking water standards at public water systems operated by federal facilities.
“Public drinking water systems operated by federal facilities must meet the same federal, state and local standards as other systems,†said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. “Through these eight orders, EPA is helping ensure that federal public water systems protect the health of their users.â€
EPA issued five orders to federal facilities for violations of the public water system requirements. These orders addressed different violations at each facility and include orders to monitor lead and copper, nitrate and total coliform bacteria; to lower copper levels; and to address system deficiencies. EPA also issued three orders to federal facilities for imminent and substantial endangerment. An order was issued to one facility to address a main water break, to another facility to address an e-coli positive sample; and a third facility to repair and replace piping in imminent danger of failing. EPA continues to work with these federal facilities to address violations of the National Primary Drinking Water Regulations and ensure public health protection.
The federal facilities that received enforcement orders in FY 2019 were:
- US Forest Service, Ryan Park Campground (WY): SDWA 1431 Order issued for an E. coli positive sample.
- US Navy, Joint Base Anacostia- Bolling Public Water System (DC): SDWA 1414 Order issued to address uncorrected significant deficiencies to reduce the risk of contamination to drinking water.
- US Forest Service, Fort Simcoe Job Corps Center Drinking Water System (WA): SDWA 1414 Order issued for failure to correct significant deficiencies pertaining to the system, failure to conduct required monitoring for nitrate, and failure to sample at the correct locations for nitrate and coliform.
- US Forest Service, Blackrock Work Center Bridger-Teton National Forest (WY): SDWA 1414 Order issued for failure to monitor annually for nitrate, failure to monitor the system’s source for a fecal indicator within 24 hours after total coliform positive sample, failure to monitor monthly for total coliform bacteria, and failure to notify the public of certain violations
- US Bureau of Indian Affairs (BIA), Crow Agency Water System (MT): SDWA 1431 Order issued due to a water main break. The water system has both a BIA and tribally operated plant that both serve the same community.
- US Bureau of Indian Affairs, North Idaho Public Water System (ID): SDWA 1431 Order issued for failure to address severe infrastructural deficiencies within a reasonable timeframe, leading to the rupture of a corroded main pipe, and ensuing loss of pressure, bacterial contamination, and Boil Water Notice to persons served at its location on the Nez Perce Reservation.  US Indian Health Service, Blackfeet Community Hospital Public Water System (MT): SDWA 1414 Order issued for failure to monitor for lead, copper, nitrate, and total coliform bacteria.US Bureau of Indian Affairs, Chemawa Indian School (OR): SDWA 1414 Order and Cover Letter issued due to high levels of copper in drinking water.
EPA has identified protection of drinking water as a National Compliance Initiative (NCI), indicating that it is an enforcement and compliance priority. EPA’s NCI on Reducing Noncompliance with Drinking Water Standards at Community Water Systems supports EPA’s goal of a 25 percent reduction by the end of FY 2022 in the number of community water systems that are out of compliance with health-based standards.  For more information on this NCI: https://www.epa.gov/enforcement/national-compliance-initiative-reducing-noncompliance-drinking-water-standards-community
Joe Kiefer Files For Re-Election To The Vanderburgh County Council
Joe Kiefer Files For Re-election To The Vanderburgh County Council
Today at noon, Vanderburgh County Councilman Joe Kiefer filed for re-election. Joined by family, friends and other local officials, Joe filled out the paperwork and filed for another term as County Councilman.
In a statement after the filing, Joe said he was looking forward to the upcoming year with different projects especially the jail.
He also spoke of the University Parkway and Burdette Park.
Joe Kiefer’s experience is extensive. He has been twice elected to the Evansville City Council and served three years on the County Council. He has been a County Commissioner and the president of the Board of Commissioners. And from 2008-2009 he was president of the Evansville Economic Development Commission.
Joe Kiefer is married to Jo-Ann and has four adult children with four grandchildren. Joe has been a member of St. Benedict’s Cathedral since 1989 and enjoys community service. His community services include tenures with the United Way, Junior Achievement, YMCA, Youth Resources, Habitat for Evansville, Old Courthouse Foundation, Right to Life of SW Indiana, Indiana Right to Life, SW Indiana Chamber of Commerce, Rotary Club, IU School of Medicine (Evansville Campus) Advisory Board, and is a graduate of Leadership Evansville.
Joe has also been involved professionally with the Indiana Board of Realtors and the International Council of Shopping Centers.
As owner and managing broker for Hahn Kiefer Real Estate services, he specializes in commercial real estate transactions. He is a graduate from Indiana State with a bachelor’s degree in Construction Management and a Masters Degree from Indiana State University and USI.
Women Sing Praises For The 100th Anniversary Of The 19th Amendment
TheStatehouseFile.com
INDIANAPOLIS—One hundred years ago Thursday women marched through the halls of the Indiana Statehouse to music as lawmakers ratified the 19th amendment, giving them the right to vote after decades of struggle.
On Thursday, dozens of women and men filled a wing of the Statehouse to celebrate and commemorate that milestone with music and speeches led by the Capital City Chorus, an all-women’s choir.  The chorus, singing “Don’t Stop Thinking About Tomorrow†as well as other encouraging songs, got a standing ovation.
“It’s so important to pause, and remember this important milestone in our state’s history,†Lt. Gov. Suzanne Crouch told the crowd. “To remember where we have been, and where we are going.â€
Crouch chairs the Indiana Women’s Suffrage Centennial Commission, which has organized a year’s worth of events to celebrate the passage of the 19th Amendment.
The House and the Senate both adopted resolutions that honored the passage of the 19thAmendment and the people who worked for it. The resolution passed in each chamber by unanimous votes.
Sen. Jean Breaux, D-Indianapolis, acknowledged the work of minority women in the suffrage movement.
“I am proud for all the work African American women did to work to get the right to vote,†she said.
Anita Morgan, a senior lecturer in history at Indiana University-Purdue University in Indianapolis, described some of the successes and setbacks women endured as they campaigned over 72 years for the right to vote.
One of the first steps in that journey began in 1848 at the first U.S. women’s rights convention. She also described how in Indiana a bill granting women voting rights passed in 1881, but all information about it disappeared from official records.
At the time, Morgan said one member of the General Assembly was asked about why he voted for women’s suffrage and he replied, “The women were persistent.â€
Anita Morgan of IUPUI discussed all of the steps Hoosier Women took to ratify women’s suffrage in Indiana. Photo by Joshua Hansel, TheStatehousefile.com
In 1917, lawmakers passed a bill that would allow women to start voting in some state and local elections. The Indiana Supreme Court, however, shut them down because they believed extra poll workers and separate ballot boxes to accommodate women workers would cost too much.
Sherry Watkins, co-president of the Indianapolis chapter of the American Association of University Women, attended the event in a 1920s costume. She wore a large white hat that was covered with feathers and a long lace dress.
At the height of the suffrage movement, women wore white to show they were feminine and as a defense against critics who said they were trying to be masculine by obtaining the same rights as men, according to the CR Fashion Book blog.
More than a dozen women joined Watkins in wearing similar costumes standing with her for the same cause.
“I had a mother who was not given the same kind of accommodation when she was working, and when she was working in World War II and when the men came home women lost their jobs,†Watkins said. “She really enjoyed being a homeworker, but she still had that sense that it wasn’t right.â€
Watkins said that the Statehouse will be seeing more of her, as she continues to advocate for women’s rights.
Laura Tolbert, a resident of Indianapolis, attended the event with her seven children; four of which are girls. She said she wanted them to see the moment commemorating 100 years of women voting.
Laura Tolbert of Indianapolis brought her seven children to the Statehouse for the women’s suffrage celebration event. Photo by LaMonte Richardson, TheStatehouseFile.com
“Women have the same ability and interest in contributing to our political and governmental environment that men do,†she said.
Even though women are slightly more than 50 percent of the state’s population, they hold 24% of the seats in the General Assembly. While Indiana has some women in leadership roles, especially in the courts where Loretta Rush serves as the first female Indiana Supreme Court chief justice and five other courts are led by women, the state has never elected a female governor and the top leaders in the House and Senate have always been males
Crouch, when asked when Indiana would see its first female governor, replied, “Hopefully in the near future.â€
The year-long celebrations will continue with events across the state, including free admissions to local museums, Crouch noted. More information can be found at indianasufferage100.org.
She ended the program on an upbeat note: “You here today, and women all across our great state, know that when we come together, and we work together, we can accomplish great things and build a better tomorrow.â€
FOOTNOTE: Haley Pritchett is a reporter with TheStatehouseFile.com, a news website powered by Franklin College journalism students.
RICK MARTIN ANNOUNCES CANDIDACY FOR STATE REPRESENTATIVE, DISTRICT 75
RICK MARTIN ANNOUNCES CANDIDACY FOR STATE REPRESENTATIVE, DISTRICT 75
Local attorney Rick Martin announced today that he will run for State Representative for Indiana House District 75, which encompasses most of Warrick, Southern Pike, and Southwestern Spencer Counties.Â
While Martin is no stranger to politics, having served as GOP Chair for the 8th Congressional District and Warrick County, this is the first time that he has run for elected office.Â
Martin’s announcement comes on the heels of current District 75 Representative Ron Bacon’s announcement on January 10th that he would not seek re-election. “Ron has done an excellent job representing the citizens of District 75 for the past ten years. He has been thoughtful in the legislation that he has proposed and voted for and has always been responsive to the needs of his constituents.Â
I am excited about the upcoming campaign and, if elected, look forward to serving the people of Warrick, Pike and Spencer Counties at the Statehouse next year.â€
“Power to the People†Film Festival To Showcase Films Of African American Activism
“Power to the People†Film Festival To Showcase Films Of African American Activism
The University of Southern Indiana Africana Studies Program presents the first annual Africana Film Festival. The theme for the series is “Power to the People†and will showcase films that highlight African American activism from the 1960s Civil Rights Movement to today. The films will include:
- Free Angela and All Political Prisoners (2012), directed by Shola Lynch
6 p.m. on Thursday, January 30
Followed by a discussion led by Dr. Denise Lynn, director of Gender Studies - Malcolm X (1992), directed by Spike Lee
5 p.m. on Thursday, February 27
Followed by a discussion by Dr. D’Angelo Taylor, assistant director of the USI Multicultural Center - The Hate U Give (2018), directed by George Tillman, Jr.
6 p.m. on Thursday, March 26, 2020
Followed by a discussion by Dr. Laura Soderberg, assistant professor of English
For more information about the films, visit USI.edu/africanastudies or contact Dr. Sakina Hughes, associate professor of history and chair of Africana Studies at shughes1@usi.edu.