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ACTIONS AND REACTIONS by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 29 June 2015)

ACTIONS AND REACTIONS

Dylan Roof attended a prayer meeting at the Charleston AME Church. He brought a gun. Twenty-one year old Caucasian Roof murdered nine praying African Americans. In the white heat of their grief, the victims’ families forgave Roof and prayed for his soul. The national media were shocked.

Twenty men died committing the murders of 9/11. The national media fanned the flames of revenge against unknown someones.

Reverend Clementa Pinkney, who was also an elected state representative, laid in state in the rotunda of the South Carolina State House. The church held worship services in which comfort for all and forgiveness for Roof were broadcast to the world. The church is universally admired for staying true to its charter. It is stronger now than it was before the killings. The church relied on its greatest strength, its philosophy.

America spent a year after 9/11 looking for someone to blame for our pain. Even though the killers had also killed themselves, the national media cried out for more. Our government responded with a war against Iraq and Saddam Hussein, neither of whom had any connection to 9/11. We have expended thousands of lives and killed thousands more while spending trillions of dollars creating implacable enemies for ourselves.

We did these acts in violation of our charter, i.e., The United States Constitution, which calls for justice, equality and due process, not random abuses of power.

The Charleston AME Church’s reaction reminded me of the lessons I learned as a child in my home church. Our church had a deacon and choir member who served as church treasurer. His wife and two children and he were long-time members. He embezzled church funds. My father and mother served with this person on the church board. The board voted to forgive the man and allow the whole family to remain in our church. Our church healed, grew and prospered. It is still strong today.

Churches and countries that violate their foundations are in peril. Perhaps we should look to the wisdom of the Charleston AME Church and into our national soul for our international relations.

Dr. Bucshon Praises Governor Pence’s Letter to President on EPA Regs

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(WASHINGTON, DC) –Eighth District Congressman Larry Bucshon, M.D., member of the House Energy and Commerce Committee, released the following statement praising Governor Mike Pence’s announcement that Indiana will not comply with the EPA’s Clean Power Plan in its current form.

 

“I echo Governor Pence’s concerns with the EPA’s proposed Clean Power Plan. These regulations will drastically impact our state’s coal industry and put at risk thousands of good-paying jobs and affordable energy on which our families and manufacturers rely. That’s why last year I personally invited President Obama and a senior EPA official to tour a Hoosier coal mine and meet with the hardworking miners that this plan will affect. This week, I’m supporting the “Ratepayer Protection Act,” which will halt these regulations and protect states, like Indiana, from being forced to implement a federal plan that will cause significant rate increases for residents. I applaud Governor Pence for taking a stand against this aggressive federal overreach by calling on the EPA to significantly change or rescind this plan.”

 

More information on the Governor’s letter to President Obama can be found here –http://www.in.gov/activecalendar/EventList.aspx?view=EventDetails&eventidn=221567&information_id=215753&type=&syndicate=syndicate.

Pence Statement on Supreme Court’s Same-Sex Marriage Ruling

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Indiana Governor Mike Pence today issued the following statement on the Supreme Court’s same-sex marriage ruling:

 

“Like many Hoosiers, I believe marriage is the union between one man and one woman, and I am disappointed that the Supreme Court failed to recognize the historic role of the states in setting marriage policy in this country. Nevertheless, our Administration will continue to uphold the rule of law and abide by the ruling of the Court in this case. Under our system of government, our citizens are free to disagree with decisions of the Supreme Court, but we are not free to disobey them. As we move forward as a state and a nation, Hoosiers may be assured that our Administration will respect the law and the dignity and worth of every Hoosier and every Hoosier family.”

Man deported after living in US since age 1 gets relief

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Dave Stsfford for www.theindianalawyer.com

An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.

Renato DeBartolo pleaded guilty to the charges and provided the government information which reduced his sentence, according to the record. Unbeknownst to DeBartolo, his guilty plea triggered immigration removal proceedings that ultimately led to his deportation to Italy.

Judge Robert L. Miller in the U.S. District Court for the Northern District of Indiana in South Bend denied DeBartolo’s petition for relief, but the 7th Circuit reversed. The panel, citing Padilla v. Kentucky, 559 U.S. 356, 369 (2010), held that DeBartolo was harmed by ineffective assistance of counsel because he was never informed of the possibility of deportation if he pleaded guilty.

In Renato DeBartolo v. United States of America 14-3579, Judge Richard Posner wrote that “the disarray in the enforcement of U.S. immigration law” should be considered in determining whether the government should retry DeBartolo.

“We are mindful that the parties and the district court are not required to consider the circumstances that DeBartolo would face if he went to trial today. The issue required by the Padilla line of cases to be considered is what he would have done, at the time he had to decide whether to plead guilty, had he known of the grave risk of being deported if he were convicted,” Posner wrote.

“There was a reasonable probability that he would not have pleaded guilty, and that is all that matters to our decision. But it would be sensible for both DeBartolo and the government to consider the current situation in assessing how to move forward. Conviction is not a forgone conclusion, and the government should consider whether
having served the prison sentence the government originally recommended and having then languished in the custody of the Immigration and Naturalization Service for a year or more and then deported to a country in which he has never really lived, DeBartolo has been punished sufficiently and should now be allowed to go home to his wife and children without facing a new trial.”

Sen. Becker Receives Study Committee Assignments

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State Sen. Vaneta Becker (R-Evansville) will serve on the following study committees, commissions and councils during the summer and fall months to help prepare for the 2016 session of the General Assembly:

 

  • Interim Study Committee on Public Health, Behavioral Health, and Human Services
  • Interim Study Committee on Roads and Transportation
  • Indiana Commission for Women
  • Commission on Minority and Women’s Business Enterprises
  • Infants and Toddlers with Disabilities Interagency Coordinating Council

 

“Study committees are an important part of Indiana’s legislative process because they allow lawmakers to hear input from the public,” Becker said. “My colleagues and I are able to get a balanced and in-depth perspective on proposals that will come before the General Assembly in the upcoming session.”

 

When Indiana’s part-time legislature is not in session, lawmakers are assigned to interim study committees that meet to review the state’s top issues, as identified by the General Assembly during the prior legislative session.

 

Study committee topics are assigned by the bipartisan Legislative Council, comprised of 16 voting members — eight from the House of Representatives and eight from the Senate.

 

To view interim committee agendas and stream hearings online, visit www.in.gov/iga. More information about topics that will be examined can be found here.

 

Dr. Bucshon Votes to Protect Ratepayers from EPA Action

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(WASHINGTON, DC) – On Wednesday, Eighth District Congressman Larry Bucshon, M.D. voted to pass, H.R. 2042, The Ratepayer Protection Act,  a bill introduced by Congressman Ed Whitfield (KY-01), to protect families and businesses from significant electricity rate increases or reduced electric reliability that may result from EPA’s pending regulations for existing power plants, also known as the “Clean Power Plan.”

 

“This bill will protect the thousands of jobs and low-cost energy for our families and manufactures that are being put at risk by aggressive EPA overreach,” said Bucshon. “With 80 percent of Indiana’s energy generated from coal, the EPA isn’t just attacking our jobs and affordable energy; this plan will damage the reliability of our electric grid. 

 

“States have serious concerns that this plan will increase their citizens’ electric bills. Just today, Governor Pence announced that Indiana will not comply with the EPA’s plan unless it is drastically improved, and I agree with his stance.” 

 

H.R. 2042 passed the House by a vote of 247 to 180 and has gained support from over 200 organizations.

 

Earlier today, Governor Mike Pence announced that Indiana will not comply with the EPA’s Clean Power Plan in its current form. You can find Dr. Bucshon’s statement of support here - http://goo.gl/WWk84s.

 

SUMMARY: 

 

A bipartisan group of lawmakers introduced H.R. 2042 to allow for timely judicial review before states would be required to comply with the rule and to ensure a state would not be forced to implement a state or federal plan that would have a significant adverse effect on its ratepayers.

 

Extend Compliance Dates: The bill would extend the rule’s compliance dates pending judicial review, including the dates for submission of state plans.

 

Safe Harbor for States to Protect Ratepayers: The bill would provide that no state shall be required to implement a state or federal plan that the state’s governor, in consultation with other relevant state officials, determines would have a significant adverse effect on (i) retail, commercial, or industrial ratepayers; or (ii) the reliability of the state’s electricity system.

 

BACKGROUND: 

 

Last June, EPA proposed a rule for existing power plants, referred to by the agency as its “Clean Power Plan.” In the rule, EPA interprets a rarely invoked provision of the Clean Air Act, section 111(d), to allow the agency to set mandatory carbon dioxide (CO2) “goals” for each state’s electricity system. In the rule, EPA seeks to fundamentally change how electricity is generated, distributed, and consumed in the United States.

 

Under EPA’s unprecedented proposal, states would be required to submit complex state plans to EPA in 2016, and to begin to meet interim goals in 2020 and a final goal in 2030. For states that do not submit a satisfactory plan, EPA would impose a federal plan, a model of which has not yet been proposed by the agency. EPA estimates annual costs of $5.5 billion to $7.5 billion in 2020 and $7.3 billion to $8.8 billion in 2030. But according to other forecasts, the potential costs are much higher and could range from $366 billion to $479 billion over the period 2017-2031.

 

State governors, regulators, and other stakeholders have submitted extensive comments raising a wide range of concerns, from the legality of the rule to how it would be implemented, the significantly higher electricity costs, and the risks to electric reliability. According to a summary of state concerns, “32 states made legal objections, 28 raised significant concerns regarding compliance costs and economic impacts, 32 warned of electricity reliability problems, and 34 states objected to EPA’s rushed regulatory timelines.” EPA plans to finalize the rule this summer.

 

Arts Council Summer Brown Bag Schedule

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The Brown Bag Performance Series is a free program offered to the community by the Arts Council of Southwestern Indiana. The series runs weekly from October through April at the Arts Council’s Bower-Suhrheinrich Foundation Gallery, located at 318 Main Street in downtown Evansville. The Brown Bag Performance Series is every Wednesday at noon. Summer performances are once a month unless otherwise noted. It is encouraged to bring your lunch and a friend, and enjoy the free local performances. The Brown Bag Series is made possible in part by Mesker Music Trust, managed by Fifth Third Investment Advisors. Below is the schedule for the final two summer performances.

 

7/1/15 – Public Education Foundation Summer Musical Preview: Since 1989, the Public Education Foundation has provided funding for an area-wide high school summer musical production. A summer-school curriculum offering, these major musical theatre productions showcase the talents of area students while helping them develop their skills in a professional setting.

 

The 2015 show is Disney & Cameron Mackintosh’s MARY POPPINS. Performance dates are July 9-12, 2015 in the Aiken Theatre at Old National Events Plaza (Formerly The Centre.)

 

8/5/15 – Dixielanders: This six-member Dixieland Band will be taking us back to yesteryear with the famous Dixieland sounds from the early to mid 1900s. Spanning American entertainment from the turn of the last century, The Dixielanders draws its repertoire from Dixieland favorites, Traditional Jazz, Early Swing, Sing-a-Longs, Tin Pan Alley, Roaring 20’s and Novelty Songs. Come join the fun and excitement as the music and memories carry you back to a simpler and happier time. And if you know how to whistle, hum or croon, you are sure to join in on the fun.

Vanderburgh County Recent Booking Records

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EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.